Terms & Conditions

Interpretation

1.1

In the Contract, the following words and expressions shall have the followings:

"Business Day"	any day other than a Saturday, Sunday or a bank or public holiday in England and Wales.
"Charge"	the charge payable by the Customer for the hire of the Meeting Rooms as set out in the Hire Details (which includes the use of the video conferencing system, the drinks dispenser and kitchen facilities but does not include parking) plus any of value added tax (VAT) (if applicable) which the Customer shall additionally be liable to pay to Funeven at the prevailing rate.
"Contract"	the Hire Details and these Terms and Conditions which together form the contract between the Customer and Funeven for the hire of the Meeting Rooms.
"Customer"	the customer for the hire of the Meeting Rooms as set out in the Hire Details.
"Funeven"	Funeven Limited incorporated and registered in England and Wales with company number 3419103 whose registered office is at 10 Queen Street Place, London EC4R 1BE (barney.bannington@funeven.com).
"Hire Details"	the booking details for the hire of the Meeting Rooms provided by the Customer via Funeven’s online booking portal comprising details of the Hire Period, the Charge, the Company, the Company’s authorised representative and the authorised representative’s email address and telephone number.
"Hire Period"	the date(s) and period(s) of time agreed for the hire of the Meeting Rooms as set out in the Hire Details.
"Meeting Rooms"	Lake Room, Lakeside Suite, East India Dock Estate, London E14, to include the meeting room, kitchen and toilet facilities but excluding the storage room.
"Permitted Use"	use as a meeting room and ancillary facilities.

1.2

A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.3

Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.4

A reference to writing or written includes email.

Confirmation of hire

The Contract shall come into effect on the date that the Charge has been paid to Funeven in cleared funds by the Customer. Until that time, bookings for hire will be treated as provisional.

Licence and use of Meeting Rooms

3.1

Subject to clause 5, Funeven grants the Customer a right for the Hire Period to enter and use the Meeting Rooms for the Permitted Use in accordance with the terms of the Contract. The Customer acknowledges that:

3.1.1

the Customer shall have the right to enter and use the Meeting Rooms as a licensee only and no relationship of a landlord and tenant is created between Funeven and Customer by the Contract; and

3.1.2

Funeven retains control, possession and management of the Meeting Rooms and the Customer has no right to exclude Funeven from the Meeting Rooms. Funeven reserves the right to enter the Meeting Rooms at all times during the Hire Period.

3.2

The Customer agrees and undertakes:

3.2.1

to report to Funeven’s security office on arrival to the Meeting Rooms, whereupon the access code for the Meeting Rooms’ entrance will be supplied to the Customer. Funeven reserves the right to change the access code to the Meeting Rooms from time to time for any reason provided that any new access code will be supplied to the Customer;

3.2.2

not to use the Meeting Rooms other than for the Permitted Use;

3.2.3

not to do or permit to be done anything on the Meeting Rooms which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to Funeven or to any other customers of Funeven, or any owner or occupier of neighbouring property;

3.2.4

to comply (and ensure that its staff and agents comply) with the terms of the Contract and any instructions, regulations or notices from Funeven, and shall ensure that any guests or other persons present at the Meeting Rooms so comply;

3.2.5

to keep the Meeting Rooms clean and tidy during the Hire Period;

3.2.6

not to cause or permit to be caused any damage to the Meeting Rooms, including any furnishings, equipment or fixtures at the Meeting Rooms and to make good any such damage caused;

3.2.7

not to smoke or permit smoking (including e-cigarettes) anywhere in the Meeting Rooms;

3.2.8

not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Meeting Rooms;

3.2.9

not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Meeting Rooms without the prior written consent of Funeven;

3.2.10

not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Meeting Rooms, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of Funeven;

3.2.11

to use any equipment provided by Funeven for its proper purpose and in accordance with any instructions provided by Funeven regarding its use;

3.2.12

at the end of the Hire Period to leave the Meeting Rooms in a clean and tidy condition and to remove the Customer's decorations, displays and any other Customer equipment from the Meeting Rooms. Funeven will not be responsible for the loss of or damage to any such items either during or after the Hire Period and the Customer is advised to insure its own possessions with a reputable insurer.

Charge and payment

The Customer shall pay the Charge upon booking the Meeting Rooms.

Cancellation

5.1

Funeven may cancel the Contract with immediate effect by giving the Customer or Customer's authorised representative notice in writing if:

5.1.1

the Customer fails to pay any amount due under the Contract on the due date for payment; or

5.1.2

the Customer commits a material breach of any term of the Contract; or

5.1.3

the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business; or

5.1.4

the Customer's financial position deteriorates to such an extent that in Funeven's opinion the Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy;

provided that Funeven shall not be required to refund the Charge.

5.2

Funeven may cancel the Contract with immediate effect by giving the Customer or Customer's authorised representative notice in writing if:

5.2.1

either Funeven and/or the Customer is unable to perform its obligations in connection with the Contract pursuant to clause 7.1; or

5.2.2

for any other reason (excluding the grounds set out in clauses 5.1.1, 5.1.2, 5.1.3 or 5.1.4);

provided that Funeven shall refund any part of the Charge paid by the Customer in relation to the period falling after the date of the cancellation of the Contract (calculated on a daily basis) as soon as reasonably practicable after the date of such cancellation.

5.3

The Customer may cancel the Contract with immediate effect by giving by notice in writing to Funeven provided that Funeven shall not be required to refund the Charge.

5.4

On completion or cancellation of the Contract for whatever reason:

5.4.1

any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after completion or cancellation shall remain in full force and effect; and

5.4.2

completion or cancellation of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.

Data protection

Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including (i) the Data Protection Act 2018 and any successor UK legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK).

General

7.1

Force majeure

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

7.2

Assignment and other dealings

7.2.1

The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without Funeven's prior written consent.

7.2.2

Funeven may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

7.3

Entire agreement

7.3.1

The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

7.3.2

Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

7.4

Variation

No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

7.5

Waiver

7.5.1

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

7.5.2

A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

7.6

Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 7.6 shall not affect the validity and enforceability of the rest of the Contract.

7.7

Notices

7.7.1

Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

(a)

delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or

(b)

sent by email to:

(i)	Funeven at the email address specified in clause 1.1; and
(ii)	the Customer at the email address provided by the Customer’s representative in the Hire Details.

7.7.2

Any notice shall be deemed to have been received:

(a)	if delivered by hand, at the time the notice is left at the proper address;
(b)	if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
(c)	if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 7.7.2(c), business hours means 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt.

7.7.3

This clause 7.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

7.8

Third party rights

The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

7.9

Governing law

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.

7.10

Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

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