Download as pdf or txt
Download as pdf or txt
You are on page 1of 6

OPULENT LIVING

THE CONNOISSEURS OF
SERVICED
ACCOMMODATION,
MANAGEMENT &
ACQUISITION

Terms & Conditions.

For the purpose of these Terms & Conditions ‘The Company’ will refer to
Opulent Living Ltd (co reg 11530800) and all associated businesses related to the group
structure.

Below are the terms & conditions for any capital employed through the Company and its Management
Service Provider, and shall apply to all future property deals between the client and the Company, subject
to revisions and updates in the future.

Client’s responsibilities:

1. The T&C’s automatically renew and apply to current and all future locations and deals
between both parties.

2. The client has 14 days from signing the T&C’s to sign all remaining contracts or express in
writing an intent to exit the deal where all funds minus admin, re-sell and re-marketing fee of
£1000 will be deducted per location.

The client understands that the deposit paid during the second sales call is equal to 10% of the
total upfront cost, is part of the sourcing fee only and will be forfeited where the full amount
is not paid within 7 days but is refundable where an intent to exit the deal is put in writing
minus the admin, re-sell and re-marketing fee between day 8 and 14.

3. The client must provide any requested documents to the Company for legal purposes (Including
but not limited to Anti Money Laundering, due diligence) and must inform the Company of any
unspent convictions for fraud or related offences/current investigations for fraud. If the client
fails to complete the Anti Money Laundering check within 2 business days, or if the client is
proven to be convicted for fraud after the Anti Money Laundering check, the client understands
that the sale will fall through, and the money paid for the upfront cost will be refunded in full
minus the admin, re-sell and re-marketing fee.

4. The client must provide all requested documents, to any third party if required, in a timely
manner. If the property deal falls through due to the client failing to provide relevant documents
when requested by the Company, the client will forfeit all sourcing fees as per the itemised Invoice
and Presentation Pack.

5. If the Agreement falls through due to the client’s own legal, personal or financial circumstances, the
Company will not be able to replace or refund the capital put forward by the client.

6. If the client pulls out of the Agreement, more than 14 days after the Terms & Conditions have been
signed, there will be no refund provided. Such 14-day period to be used for reserved and/or
secured properties which will enable the client to undertake further due diligence up to the 14-
day period, or when the Company Let Agreement, Management Agreement and Guarantee &
Indemnity Agreement is signed by both parties, whichever takes place first.
OPULENT LIVING

THE CONNOISSEURS OF
SERVICED
ACCOMMODATION,
MANAGEMENT &
ACQUISITION

7. The client understands that the commission rate charged may vary from the presented material
information due to varying commission costs over a wide range of Online and booking agencies.

8. The client confirms they have undertaken all necessary due diligence and checks with regard to any
Agreement entered into with the Company, and the Property in question, and understand all risks
involved in entering such Agreements.

9. The client agrees to take full responsibility, should any issue arise for which they would have
reasonably been expected to uncover whilst undertaking such a due diligence, duty and standard
checks.

10. If the client is a Business, the client agrees that a Director, holding a Directorship role at the time
according to Companies House, shall sign all Agreements with the Company, with such Director
being subject to the usual due diligence and identification checks by the Company. Failure to
adhere to this clause shall result in the Agreements being declared null and void with the loss of all
capital sums put forward by the client.

11. The client agrees to follow the Company’s Complaints Policy and to adhere to the Non-Disclosure
Agreement (‘NDA’) accompanied to this document.

12. The client understands that any sourcing, furnishing or other associated fees relate to the
Company obligation in regard to the successful sourcing, furnishing and preparing of the
property for the sole purpose of being used for Serviced Accommodation purposes. Such fees
have no correlation with the performance of the Property and the Company bear no
responsibility or liability for the performance of said property.

13. The client understands that, due to a wide range of matters, it may not be possible to view a
property pre completion, if such a request was made by the client. Such matters include, but are
not limited to, Health and Safety of the site and availability to show the client the Property.

14. By signing these Terms are Conditions, the client agrees and understands that the Sourcing Fee
relates to the sourcing of a property suitable for Serviced Accommodation only.

15. The client agrees and understands that they have entered into a Rent-to-Rent Agreement with
the Company, then instructed the Company separately to provide a Managing Agent for the
duration of the Agreement of their choice. The Management Agreement is a separate legal
document and does not relate to the upfront capital payment made and nor provides any
guarantee of performance.

16. The client agrees that the fee for the furnishing of the Property relates to the acquisition of
appropriate furnishings, and that ownership of said furnishing remains with the client. The
client further understand that this is a depreciable asset from the day of purchase.
OPULENT LIVING

THE CONNOISSEURS OF
SERVICED
ACCOMMODATION,
MANAGEMENT &
ACQUISITION

17. The client understands and agrees that project completion dates for new developments are
outside of the Company control. Any forecasted dates for completion stated by the Company are
strictly on the sole basis of the information provided by the developer to them at the time of
presenting the opportunity to the client. Any delays therefore, in building completion have no
effect whatsoever on these Terms & Conditions, and any delays experienced will be advised to
the client when the Company are made aware of them.

18. The client agrees to not at any time make, publish, or communicate to any person or entity or in
any public forum (including but not limited to, social media, either posting, commenting or
interacting with any negative posts made on said platform(s), or any other platforms where
members of the public have access to, including review sites or search engines such as Google)
any defamatory or disparaging remarks, comments or statements concerning the Company or
any associated business or contractor, operations, assets, products, services, practices, officers
or employees.

The client agrees that any such breach of this clause may result in the termination of the
agreements without financial recourse and the company holds the right to pursue the business
and individual for costs related to damage. The clause remains in perpetuity and shall not cease
at the natural end of agreements.

19. The client understands that, where the property if owned and not held as Rent-to-Rent property,
the Property must be made available for bookings for 50 calendar weeks minimum per year,
starting from the date of this Agreement.

20. The client understands that, if there are any issues relating to the channel manager we operate or
other related systems that affect bookings, the Company cannot be held responsible for loss of
any income.

21. The client understands that, should the client instruct for the Lease/Contract/Agreement to be
sold onto another client, there is no obligation for the Company to agree to this request. Should
an agreement be reached to resell the Lease, there is no time restraint or commitment on the
resale, and during the resale period, the client agrees to remain liable for all payments and other
responsibilities associated with the Property. Following such a resale, the Company will return
no more than 33% of the initial capital put forward in lieu of additional marketing, sales cost,
administration and depreciation of value of the Lease and furnishings.

Such return amount will be released following the expiry of 14 days following the completion of
the resale of the Property.

22. The client understands that the company cannot and will not share any other data other than the
data related to their property.
OPULENT LIVING

THE CONNOISSEURS OF
SERVICED
ACCOMMODATION,
MANAGEMENT &
ACQUISITION

23. The client understands that they should seek legal advice in relation to the Company Let
Agreement, Management Agreement, and Guarantee & Indemnity Agreement. However, all
Agreements are non-negotiable, and no amendments will be made.

24. The client may only resolve disputes with us on an individual basis, and may not bring a claim
as a plaintiff or a class member in a class, consolidated, or representative action. Class
arbitrations, class actions, private attorney general actions, and consolidation with other
arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims and may not otherwise
preside over any form of a class or representative proceeding or claims (such as a class action,
consolidated action or private attorney general action) unless all relevant parties specifically
agree to do so following initiation of the arbitration.

25. The client shall authorise the Company and all its subsidiaries and trademark brands to use
their program successes or ‘wins’ for marketing purposes and business practices. Their business
practices include but aren’t limited to training, live events, coaching programs, marketing,
advertisements, teaching other students, and other practices to share the results they achieved
with what they learned, used, or generated. The client also:
 Agrees that they shall not have any right of approval, claim to additional compensation or
benefit, or claim (including, without limitation, claims based upon invasion of privacy,
defamation or right of publicity) arising out of the use of the client’s name and/or
photograph/video or related to this likeness.
 Agrees that any and all materials created by the Company, its governors, Employees,
volunteers and agents that incorporate, in whole or in part, the client’s name and/or
photograph/likeness (the “materials”) shall remain the sole and exclusive property of the
Company, shall retain all intellectual property rights, including without limitation,
copyright that exists in the materials.
 Understands that no additional rights or consents are necessary to grant the rights to the
Company as provided herein. I understand that there is no obligation for the Company to
use the rights or any materials as provided herein or to produce or release any advertising.

The Company’s responsibilities:

26. If the property deal falls through due to unforeseen circumstances relating to the property or
vendor, the Company will endeavor to locate a suitable replacement in terms of upfront value
and forecasted % ROCE within 6 (six) calendar months. Should the located replacement
property offer equal or greater forecasted ROCE (taking into consideration a 20% threshold
buffer below the original forecast), refusal of the replacement property shall terminate the
Agreement between the parties, and no refund of the capital payment shall be provided.
OPULENT LIVING

THE CONNOISSEURS OF
SERVICED
ACCOMMODATION,
MANAGEMENT &
ACQUISITION

27. If the client pulls out within 14 days of the Terms & Conditions being signed, given that the
Company Let Agreement, Management Agreement, and Guarantee & Indemnity Agreement have
not yet been signed, the client is entitled to a refund. This means the Company will refund the
client’s capital payment without needing a reason as to why the client is withdrawing. This will be
minus our standard £1000.00 administration, re-sell and re-marketing fee in lieu of re-
marketing sales and administration costs incurred. Such withdrawal must be made in writing by
email only to client.services@sojostay.com. By signing this new Terms & Conditions, the client
agrees that this clause does not apply to any payment previously made under any Agreement.

28. The Company have agreed with the client that the performance of the Property in question in the
illustration shown to the client is an estimation only and is solely based on historical
performance or independent data and income in consideration of property market conditions at
the time of entering into any Agreement regarding the Property from independent external
sources. No guarantees as to performance, occupation or nightly rates have or will be made by
the Company and may be subject to a reduced nightly rate to generate future bookings in order
to improve performance in the long run, and the client agrees and accepts this.

29. The Company reserve the right to remove bookings from the portal in order to ensure that
occupancy is maintained evenly throughout the building.

30. If future changes in regulation, socio-economic, political, force-majeure or other external factors
such as natural disaster / pandemics affect the performance of the Property in question, or the
relationship between the Company and the client in that the performance or returns are reduced
in part or in full, or there are restrictions in regard to providing Serviced Accommodation as a
business, then the Company are not to be held liable for any material changes to the working
relationship or lost revenue as a result.

31. The Company confirms that, should the client have any cause for complaint, dissatisfaction or
concerns, the following procedures should be adhered to:
 The client should provide full written details of the complaint/concern to
client.services@sojostay.com, together with dates, times and as much
information as possible.
 Client Services will acknowledge the notification within 48 working hours of
receipt.
 Within 7 days, a full and detailed response shall be provided to the client via
email, during which time there may be further information sought during the
investigation from the client.
 If the client is not satisfied with the outcome of the investigation, a meeting via
an provider shall be arranged with a senior member of the team to discuss the
matter in more detail.

32. The Company reserve the right to update these Terms & Conditions at any time during the
instructed period, and shall provide the client with notice of said changes 5 working days in
advance of such changes taking effect.

33. By signing this document, the client agrees to the above and accepts that the Company will not be
liable in any way, for the financial performance of the Property.
OPULENT
LIVING

THE CONNOISSEURS OF
SERVICED
ACCOMMODATION,
MANAGEMENT &
ACQUISITION

Full Name:

Position:

Company:

Signed:

Date:

Client Full Name:

Position:

Company:

Signed:

Date:

You might also like