In these conditions the following words have the following meanings: "OfficeBroker.ae" means Total Property Solutions Real Estate LLC, a company registered in Abu Dhabi. "the operator" means the person(s), firm or company acquiring the services of OfficeBroker.ae here under.
2.1 These conditions shall govern all services provided by OfficeBroker.ae to the Operator to the exclusion of all other terms and conditions, to the maximum extent permitted by law.
2.2 Each introduction of a client to the operator by OfficeBroker.ae shall be deemed to be subject to these conditions and any contract entered into between the operator and a client so introduced shall give rise to an obligation to pay commission in accordance with clause 3 below.
3.1 In consideration for OfficeBroker.ae introducing clients to the operator, the operator will pay commission to OfficeBroker.ae in accordance with this clause. An invoice will be raised by OfficeBroker.ae when a deal is confirmed to them by the operator.
3.2 Such Commission will be payable within 14 days of the date of the invoice.
3.3 The commission shall be an amount equal to 10% of the fully inclusive rent; exclusive of VAT, payable by the client to the operator during the first 12 months from the start date of the contract and upon the renewal term taken by the client.
3.4 All successful referrals of clients made by OfficeBroker.ae to the operator shall be deemed to be introductions giving rise to commission payments, unless the operator is able to demonstrate to the reasonable satisfaction ofOfficeBroker.ae, within 7 days of a referral, that it has previously been contacted by such person other than through a OfficeBroker.ae referral. Any viewings arranged by OfficeBroker.ae shall be deemed to be introductions giving rise to commission payments; this includes viewings arranged superseding referrals by other brokers.
3.5 It is required that all payments will be made to OfficeBroker.ae by electronic transfer transmission or cheque directly to OfficeBroker.ae
4.1 All warranties, conditions and other terms implied by statute or common law shall be excluded to the maximum extent permitted. OfficeBroker.ae shall have no liability for any claim between the operator and a client.
4.2 Notwithstanding clause 4.1, the liability of OfficeBroker.ae shall at all times be limited to the amount of commission received by OfficeBroker.ae in relation to the letting in question.
4.3 The operator shall indemnify and hold harmless OfficeBrocker.ae from and against all and any costs, claims, loss or damage arising in respect of any claims brought by a client of the operator or any third party arising out of Officebroker.ae or the operator.
5.1 These conditions shall be terminable with immediate effect by either party on the giving of written notice to the other within 24 hours.
5.2 Notwithstanding clause 5.1, any contract entered into following termination, between the operator and a customer introduced by OfficeBroker.ae prior to termination, shall give rise to the payment of commission in accordance with Clause 3 as if these conditions continued to apply.
5.3 If a Business Centre (or a group or part of a group of Business Centres) is sold, it is your responsibility to advise OfficeBroker.ae in writing and ensure that the new owners are aware of the future commission payment obligations to OfficeBroker.ae. Where the Business Centre is sold, it is expected that all liabilities & obligations to OfficeBroker.ae will form part of the sale, thereby obligating the new owners to maintain all due future payments to OfficeBroker.ae. Failure to comply will result in the original owners/vendors being liable for any outstanding and future commission payments. Commission will become due to OfficeBorker.ae once the operator has a signed agreement or a deposit or the client has taken occupation.
6.1 OfficeBroker.ae reserves the right to add 5% to outstanding overdue invoices.
6.2 Failure by OfficeBroker.ae to collect outstanding overdue invoices will result in matters being placed in the hand of our legal team. OfficeBroker.ae reserves the right to add any subsequent legal fees to the debt and these shall be payable by the operator as well as any accruing interest, calculated at 5% above the Bank base rate from the date the invoice became due.
These conditions shall be governed by and construed in accordance with UAE law.
8.1 Any waiver by either party of any breach or non-compliance with these conditions by the other will not be construed as a waiver of any earlier or later default of a like nature.
8.2 Neither party shall be entitled to assign the benefit of these conditions other than to a subsidiary.
8.3 Except as may be agreed from time to time in writing, neither party shall have authority to act for, represent or bind the other.
8.4 OfficeBroker.ae provides its services hereunder as an independent entity and not as agent, partner or employee of the operator.
8.5 These conditions contain the whole agreement between the parties relating to the transactions contemplated hereby and supersedes all previous agreements between the parties relating to these transactions.
8.6 Each party acknowledges that in agreeing to enter into this agreement it does not rely on any representation or warranty, collateral contract or other assurance other than those as set out in this agreement. Each party waives all rights and remedies which, but for this sub-clause might otherwise be available to it in respect of such representation, warranty, collateral contract or other assurance, provided that nothing in this clause shall limit or exclude any liability for fraud.
8.7 OfficeBroker.ae reserves the right to amend these Terms & Conditions at any time.