Musterhubs (Roundhouse Events Ltd) ,a company registered in UK under number Company Registration Number 10477436 whose registered office is at 20-22 WENLOCK ROAD ,LONDON ,ENGLAND ,N1 7GU

These Terms and Conditions apply to provision of any Services by the Musterhubs only to any Business Customer (as defined in Clause 1 below) and not to any “Consumer” as defined by the Consumer Rights Act 2015 or other consumer protection legislation.

  1. Definitions and Interpretation
  2. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business” means a business, trade, craft, or profession carried on by You or any other person(s), firm, company or other organisation.

“Business Customer ” means the person, firm, company or other entity who books or requests Services which We are to provide either to that entity or to one or more Nominated Persons wholly or mainly for the purposes of any Business.

“Contract” means any such contract between You and Us on these Terms and Conditions as is referred to in sub- Clause 2.8 or sub-Clause 2.11.

“Data Protection Legislation” means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR.

“We/Us/Our” means Musterhubs and its premises and place of business, and whose contact address is [the same address as above and includes all employees and agents of Musterhubs;

“Nominated Person” means any individual nominated in a booking or request as an individual to whom We are to provide any Services where the booking or request is made by You or by a person within sub-Clause 2.1;

“Price List” means Musterhubs standard price list of Rates. The Price List is available from Musterhubs.com.

“Rates” means the prices payable for provision of bedroom accommodation and (where applicable) other Services exclusive of any VAT chargeable on those prices.

“Services” means provision of accommodation in bedrooms and any and all other facilities, services and items which We offer at Musterhubs, including food and drink, leisure, fitness and entertainment activities, meeting/conference rooms or facilities or equipment.

“You/Your” means and refers to the Business Customer.

  1. Unless the context otherwise requires, each reference in these Terms and Conditions to:
  2. “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
  3. A Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
  4. “You” includes:
  5. a) any Nominated Person;
  6. b) any person booking or requesting Services pursuant to sub- Clause 2.1; and
  7. c) any other individual who is at the musterhub at either Your invitation or the invitation of either You or a person booking or requesting Services pursuant to sub-Clause 2.1; and
  8. d) “Parties” means You and Us, and “a party” means You or Us;
  9. The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
  10. Words signifying imparting the singular number shall include the plural and vice versa; and
  11. References to any gender shall include the other gender.
  12. Reservations

2.1. We will be entitled to accept a booking or request for Services as Your valid booking or request if it is made either by You or by a person You have told Us in writing is a person authorised for that purpose. Any such person may be, but need not also be, a Nominated Person;

2.2. You will be liable for charges for Services where We accept a booking or request for them by a person within sub-Clause 2.1;

2.3. If a person not within sub-Clause 2.1 books or requests any Services in Your name and We accept the booking or request, You will not be liable for charges for those Services. That person will be treated as contracting with Us personally for such Services and will be personally responsible to pay Us all charges at the applicable Rates for those Services;

2.4. You may book to make a reservation for a bedroom or other Services in advance through Musterhubs.com website, or telephone,

2.5. When You request Us to make a reservation or booking for any other Services, You must provide Us with Your identification information including, but not limited to, Your name and address, the name of Your contact person, contact telephone number and email address;

2.6. You must give Us payment details at the time of [booking] [at check-in] for any reservation or for booking any other Services. [We will take Your credit/debit card details and You authorise the use of this card for any sums that become due to Us.] Unless the booking for the reservation or booking for any other services expressly states that You must pay at the time of reservation, or on booking any other Services or on check in, We will not take any payment from You for it until the time indicated in Clause 3 below;

2.7. None of Your standard terms or conditions (if any) communicated at any time by You to Us will apply in addition to or instead of these Terms and Conditions to any booking or reservation or Our provision of any Services or to a Contract;

2.8. Your request to Us to make a reservation for You or to provide any other Services will be an offer. Only if and when We tell You that We accept Your request for a particular reservation or other Services and We have also given You either a booking reference for the reservation or Our written acceptance of the request for other Services will there be a booking. Only that acceptance of the booking will be a binding contract between You and Us for the reservation of a room or booking of any other Service (“Contract”). Any such Contract will be on these Terms and Conditions;

2.9. You may change Your reservation at any time before You arrive (subject to the cancellation provisions set out in Clause 4 below). We will use all reasonable endeavours to accommodate Your requested changes, but We do not promise that all changes that You request will be accommodated;

2.10. You may request additional nights at the musterhub at any time during Your stay. We will use all reasonable endeavours to meet such a request, and if We can meet any request We will accept the request as a booking and that booking will then be a Contract. Any such Contract will be on these Terms and Conditions.

  1. Fees and Payment

3.1. We set out in Our Price List details of VAT exclusive Rates including, where applicable, promotional Rates and other special offers. Our Price List is available by email.

3.2. Where VAT is chargeable for any Service in addition to the Rate for that Service, the Price List will also indicate that VAT is chargeable in addition to for that Service, and You must pay that Rate for that Service together with VAT on that Rate at the current rate of VAT then applicable;

3.3. When You request a reservation and We quote a Rate for it, it will apply only to provision of hours of service unless We specifically state otherwise. However, the Rate(s) for such accommodation will include refreshments and all facilities which the Musterhub has in all its standard rooms.

3.4 Additional charges may apply (and You may refer to them in Our Price List) for other Services including, but not limited to leisure, fitness or entertainment facilities or activities, use of any function or other rooms, or any other equipment, services or facilities. We will inform You of Rates payable for such additional Services on request when You arrive at the Musterhub;

3.5 Subject to sub-Clause 3.7 below, We shall give You an invoice for all sums due and payable to Us, and unless We agree a different arrangement with You, You must pay that invoice in full before your check into the musterhub. If, however, We agree a different arrangement with You which requires You to make payment at any later time than at check in, then when You check out

We shall give you an invoice for all further sums that You incurred after We previously invoiced You, and You must pay that further invoice in full when You check-out from the Musterhub.

3.6 Where any VAT is applicable to any sums chargeable to You, Our invoice will be a valid VAT invoice and it will show separately the Rate for each item and the amount of VAT charged in addition to that Rate;

3.7 The following will apply to any promotional Rates that We may offer from time to time:

3.7.1 Unless We specifically state otherwise, You must pay in full at the time of booking for a reservation to which a promotional Rate applies;

3.7.2 If You incur charges during Your stay in addition to the promotional Rate for your reservation, We will invoice them and You must pay for them as required by sub-Clause 3.5 above; and

3.7.3 If you request any additional nights and We accept the request as a booking under sub-Clause 2.8 above, You must pay for the additional nights at the [promotional Rate] OR [the standard Rate];

3.8 You may pay Us for Services (and for any deposit or other advance payment on account of that payment) using any of the following methods:

3.8.1 credit or debit card online at musterhubs.com

3.8.2 bank transfer

3.9 We may alter any of Our Rates without prior notice but if the Rate of any Service increases between the time when You make a booking and the date when the booked accommodation or other Service is to be provided, any increase in the Rate will not apply to Your booking; and

3.10 Whether these Terms and Conditions require payment upon booking or on check in or check out or at any other time, You must pay in full for any reservation booked and will not be entitled to any refund, except as stated in Clause 4.

  1. Cancellations

4.1 Any Services booked may be cancelled in accordance with this Clause 4;

4.2 If You pay in advance for any Service at a promotional Rate, You will not be entitled to cancel that Service or to receive any refund of any amount You have paid for that Service. However, this shall not, subject to Clause 10, limit or exclude any right or remedy that You may have in law to cancel that Service or make a claim against Us where We are in serious breach of a material term of the Contract;

4.3 Where a non-promotional Rate is payable for any Service on check-out or at any other time after the time of booking:

4.3.1 You may cancel that booking if You give Us prior notice of at least 14 clear calendar [days] before the date when that Service is to be provided. If You cancel under this sub-Clause 4.3, We will refund to You in full any sum (including, but not limited to any deposit) You paid in advance for that Service and You will not then owe Us anything or have any liability to Us in respect of that cancelled Service; and

4.3.2 If You cancel but do not give Us at least the period of notice referred to in sub-Clause 4.3.1, We will be entitled to charge You a Late Cancellation Charge as follows [but limited to the amount stated in sub-Clause 4.3.2.5]:

  1. a) If You give Us prior notice of less than 14 clear calendar days but more than 7 clear calendar days, the Late Cancellation Charge will be 50% of the total amount payable by You for the

booking cancelled;

  1. b) If You give Us prior notice of less than 7 clear calendar days but more than 3 clear calendar days, the Late Cancellation Charge will be 75% of the total amount payable by You for the booking cancelled;
  2. c) If You give Us prior notice of less than 3 clear calendar days but more than 1 clear calendar days, the Late Cancellation Charge will be 90% of the total amount payable by You for the booking cancelled;
  3. d) If You give Us prior notice of less than 1 clear calendar day or no notice, the Late Cancellation Charge will be 100% of the total amount payable by You for the booking cancelled;
  4. e) When or after You cancel, We may take some or all of the Late Cancellation Charge using the payment details You provided when You made the booking. We may deduct some or all of the

Late Cancellation Charge from any sum (including, but not limited to any deposit) You paid in advance for the Service cancelled under this sub-Clause 4.3.2 and to keep the amount

deducted. If the Late Payment Charge amount is greater than the total sum You paid in advance, We will be entitled to claim the difference from You in addition. If there is any balance of

any advance payment after We have deducted all or any of the Late Payment Charge from it, We shall refund it to You;

4.4 You may at any time after making a booking or request for any Service cancel that Service if, due to any cause beyond Our reasonable control, either:

4.4.1 We are unable to provide it, or are substantially delayed in providing it; or

4.4.2 if We notify You that We will not be able to provide it, or that We will be substantially delayed in providing it. In either case, You will only have to pay for such of that Service, if any, as You have received up the time of cancellation of that Service, and if You have paid for it in advance We will refund an amount to You such that You only pay for the Service, if any, that You have received;

4.5 We may, at any time before the date on or from which the relevant Service(s) are to be provided, cancel Your booking for any or all of the Services in the following circumstances:

4.5.1 The required accommodation, personnel, facilities, equipment, resources, or other things necessary for the provision of the Service(s) is or are not available due to any cause outside Our reasonable control. If We cancel a booking in such circumstances, We will offer You alternative Services of the same type and standard or better if they are available. If they are not available or We offer them to You and You decline them, We will refund to You in full any deposit or other advance payment that You have made to Us for Your booking for the

cancelled Service(s); or

4.5.2 If You have not paid for Your stay in full in advance of check in and You do not arrive by 6pm on the first day when You are due to stay at the Musterhub residential or 10 am for a day musterhub. In that case We shall be entitled to re-let your musterhub after that time unless You have notified Us in advance of Your late arrival and We have agreed to some other time for latest check in. If We cancel under this sub-Clause, We will be entitled to charge You a Late Cancellation Charge as if You had cancelled under sub-Clause 4.2 above. We shall attempt to contact You to inform You of that cancellation; or

4.5.3 We find that you are a “Consumer” (as defined by the Consumer Rights Act 2015, and in that case We will refund to You in full any deposit or other advance payment that You have made to Us for Your booking. We will in such case use reasonable endeavours to accept any substitute booking that You wish to make but any such booking will only be on Our standard Terms and Conditions applicable to a Consumer; and

4.6 We may, at any time between the time when You make a booking and the conclusion of Our provision of any Services, cancel the booking for any or all of the Services not yet provided where You break Our Contract with You in any material way.

  1. Check-in and Check-out

5.1 The earliest check-in time at the Musterhub residential is 4pm and the latest time is 6pm and for Musterhub day hub the earliest check-in time is 9am and the latest check-in time is 10 am [We will also permit check-in after that latest time but if you check in after that time We may not be able to provide You with the full range of Services normally available to customers]; [and]

5.2 The latest time by which You must vacate Your Musterhub and check-out from the Musterhub is 10 am for Musterhubs residential and 3:30pm for Musterhub day hub We may beforehand agree at Our discretion to an arrangement for a later time for vacating Your Musterhub and/or check-out but if We have not agreed to a later time and You do not vacate Your Musterhub and check out

by the above latest time We will be entitled to charge You for an additional night or day Musterhub at the standard applicable Rate; [and]

5.3 [If We have agreed and arranged a late check-out under sub-Clause 5.2 above, We shall be entitled to charge You at an hourly rate for the additional time from our standard latest check out time of 10 am residential Musterhub and 3:30pm day Musterhub until the time You check out, and We shall give You details of the hourly rate of that charge when You request a late check-out

time.]

  1. Musterhubs Rules

6.1 If You book any Services for the purpose of holding an event within the Musterhub (for example, a meeting, conference, reception, dinner, or entertainment) any equipment that You use (whether provided by You or Us) such as staging, stands, scaffolding, lighting, PA or sound system, You must only locate and set up such equipment in a way which does not entail any

damage or destruction of or to the Musterhub and homeowners property or anything within it, and fixing of equipment to anything forming part of the Homeowners property using glue, nails, tacks, screws or similar is not permitted;

6.2 Any electrical equipment which You provide must be properly maintained and safe, and must meet any legal requirements applicable to that equipment;

6.3 You must obtain Our prior consent for all signs, exhibitions and displays inside and outside the Musterhub and homeowners property. We reserve the right to remove signs which are unauthorised or unlawfully displayed or which We deem to cause offence;

6.4 If Your negligent or other act or omission causes any damage to the Homeowners property or to any of Our property at the Musterhub, You shall be liable to reimburse Us with the reasonable and actual costs which We incur to make good that damage;

6.5 You must conduct Yourself in a reasonable and responsible manner at all times when at your Musterhub and on Homeowners property and must not act in any which may disturb other guests. If You do not, We may ask You to leave the Homeowners property and in that case, You must immediately pay Us all sums due;

6.6 You must not use any bedroom or other room or part of the Musterhub and homeowners property for any unlawful or improper purpose;

6.7 You must not smoke in any bedrooms or indoor public areas of the Musterhub and homeowners property. You may not smoke in any outdoor public areas of the Musterhub and homeowners property except for designated smoking areas. Smoking includes use of e-cigarettes;

6.8 If You do not comply with sub-Clause 6.7 We may charge You for any and all costs We incur in cleaning the homeowners property or other room or area (including, but not limited to, fixtures, fittings and soft furnishings) and restoring it to a smoke-free environment;

6.9 You must not bring an animal into the Musterhub and homeowners property except for a guide dog; and

  1. Food and Drink

7.1 As referred to in sub-Clause 3.4 above, unless We specifically state otherwise, food and drinks are included in any Rate(s) for accommodation or for any

other Service.

7.2 If You have any special dietary requirements, You should inform Us of them in advance of Your arrival. We will use all reasonable endeavours to accommodate those requirements and, where this is not possible, tell You that We are unable to do so; and

7.3 We will tell You times of meals when You arrive. Meals will be at those times Unless when You book You specifically agree any other times with Us for any meals.

  1. Car Parking Facilities

8.1 We cannot guarantee that any car parking space(s) will be available for You, but We will provide the number of car parking spaces for You that We agree when You book [and We will indicate which spaces within allocated parking You may use.You must at least 72 hours before arrival provide Us with a list of [names of those who will be using those spaces] [and/or] [the registration

numbers of the vehicles to be parked]. [The number of spaces agreed will be in addition to any of the disabled parking spaces referred to in sub-Clause 8.3;]

8.2 Any such parking will be without charge OR [at an additional charge as shown in Our Price List We agree with You when You book];

8.3 [You may [without additional charge] use a disabled parking space that is available if You have a valid disabled parking badge. We will be entitled to remove Your vehicle if it is parked in a disabled parking space without a valid disabled parking badge on display, and You shall pay or reimburse Us with all costs associated with its removal and subsequent recovery];

8.4 We do provide a valet parking facility for those who wish to use it] OR [All parking of Your or Your party’s or guests’ vehicles in Our car park and retrieval of vehicles from it may only be carried out by Our staff.] [You may make valet parking arrangements with Our steward staff]; and

8.5 Whether or not We make any charge for vehicle parking, We will operate and maintain Our car park with reasonable skill and care. However, We do not undertake the safekeeping of any vehicle and We do not guarantee that other musterhub guests or customers or members of the general public will not enter Our car park and steal or damage Your vehicle or property in it and/or

engage in criminal activity. Accordingly, when You park or arrange for parking of a vehicle in Our car park, You accept risk of theft or damage of or to the vehicle and property in it if it is caused by the act of any person other than Our employees, agents, or contractors.

  1. Disabled Customers

9.1 We fully comply with all laws from time to time in force regulating the treatment of, and provision for, disabled customers; and

9.2 If you have any special requirements pertaining to a disability, You should inform Us of them before You arrive.

  1. Limitation of Liability

10.1 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability to You for:

  1. a) death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or
  2. b) fraud or fraudulent misrepresentation; or
  3. c) any theft of or damage to Your vehicle parked with Our permission in Our car park, or any property in that vehicle, where the theft or damage is caused by any of Our employees, agents, or contractors; or
  4. d) any loss of Your or another’s property at the Hotel where the loss is due to theft by any of Our employees, agents, or contractors whilst that property is either placed by You in a safe in Your Musterhub and You keep that safe properly locked and You keep Your PIN number for the safe secure, or that property is placed in Our safe;

10.2 Except in the circumstances set out in sub-Clause 10.1.4, We will not be liable for any loss or theft of any of Your property which You bring to or keep in a bedroom or any other part of the Musterhub and homeowners property.

10.3 No property which You bring to your Musterhub shall be deemed to be in Our custody or safekeeping except in the circumstances set out in sub-Clause 10.1.4. Any such liability as We may have to You for any damage to or destruction of any such property whilst it is at the Homeowners property due to any negligent or other act or omission of any of Our employees, agents or

contractors shall be subject to the limitations and exclusions of liability set out in sub-Clauses 10.4 and 10.5 and further shall not in aggregate exceed £100

in respect of the property of each Nominated Person;

10.4 Subject to and except for any liability within sub-Clause 10.1, We shall not be liable whether in contract, tort (including negligence) or for breach of statutory

duty, or in any other way for any of the following:

10.4.1 direct, special, indirect or consequential loss, damage, cost, expense or other claim of any of the following types, whether it is actual or anticipated: income, sales, revenue, business, business opportunity, business interruption, profit, contracts, savings, data, publicity, advertising, reputation, goodwill, management time, or wasted expenditure; or

10.4.2 special, indirect or consequential loss, damage, cost, expense or other claim which is not within sub-Clause 10.4.1;

10.5 Subject to and except for any liability within sub-Clause 10.1, and without prejudice to the exclusions of liability under sub-Clauses 10.2 and 10.4, where we are liable to You for any amount(s), Our maximum liability to You whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall not in any circumstances exceed in aggregate for any and all (negligent or other) acts or omissions in connection with the Contract whichever is the greater amount, either:

10.5.1 £100

10.5.2 an amount equal to the total charges payable and/or paid for the Services booked or requested;

10.6 We will not be liable for any failure to provide or delay in providing any Service where such failure or delay is due to any cause beyond Our reasonable control; and

10.7 Each of the various limitations and exclusions of liability set out in this Clause 10 shall be deemed to be cumulative.

  1. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

  1. Data Protection

12.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your and any third parties’ rights under the GDPR.

12.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your and any third parties’ rights and how to exercise them, and personal data sharing (where applicable), please refer to the Our Privacy Notice musterhubs.com.

  1. Data Processing

13.1. In this Clause 13 and in the Contract, “personal data”, “data subject”, “data controller”, “data processor”, and “personal data breach” shall have the meaning defined in Article 4, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

13.2 a) Both Parties shall comply with all applicable data protection requirements set out in the Data Protection Legislation. Neither this Clause 13 nor the Contract shall relieve either Party of any obligations set out in the Data Protection Legislation and shall not remove or replace any of those obligations.

  1. b) For the purposes of the Data Protection Legislation and for this Clause 13 and the Contract, We are the “Data Processor” and You are the “Data Controller”.
  2. c) The type(s) of personal data, the scope, nature and purpose of the processing, and the duration of the processing shall be set out in a Schedule to the Contract.
  3. d) The Data Controller shall ensure that it has in place all necessary consents and notices required to enable the lawful transfer of personal data to the Data Processor for the purposes described in [these Terms and Conditions] AND/OR [the Contract] [and the Schedule to the Contract].
  4. e) The Data Processor shall, with respect to any personal data processed by it in relation to its performance of any of its obligations under [these Terms and Conditions] AND/OR [the Contract]:
  5. e) i. Process the personal data only on the written instructions of the Data Controller unless the Data Processor is otherwise required to process such personal data by law. The Data Processor shall promptly notify the Data Controller of such processing unless prohibited from doing so by law.
  6. Ensure that it has in place suitable technical and organisational measures (as approved by the Data Controller) to protect the personal data from unauthorised or unlawful processing, accidental loss, damage or destruction. Such measures shall be proportionate to the potential harm resulting from such events, taking into account the current state of the art in technology and the cost of implementing those measures. Measures to be taken shall be agreed between the Data Controller and the Data Processor and set out in a Schedule to the Contract.

iii. Ensure that any and all staff with access to the personal data (whether for processing purposes or otherwise) are contractually obliged to keep that personal data confidential; and

  1. Not transfer any personal data outside of the European Economic Area without the prior written consent of the Data Controller and only if the following conditions are satisfied:

* The Data Controller and/or the Data Processor has/have provided suitable safeguards for the transfer of personal

data;

* Affected data subjects have enforceable rights and effective legal remedies;

* The Data Processor complies with its obligations under the Data Protection Legislation, providing an adequate level of protection to any and all personal data so transferred; and

* The Data Processor complies with all reasonable instructions given in advance by the Data Controller with respect to the processing of the personal data.

  1. Assist the Data Controller at the Data Controller’s cost, in responding to any and all requests from data subjects in ensuring its compliance with the Data Protection Legislation with respect to security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators (including, but not limited to, the Information Commissioner’s Office);
  2. Notify the Data Controller without undue delay of a personal data breach;

vii. On the Data Controller’s written instruction, delete (or otherwise dispose of) or return all personal data and any and all copies thereof to the Data Controller on termination of the Contract unless it is required to retain any of the personal data by law; and

viii. Maintain complete and accurate records of all processing activities and technical and organisational measures implemented necessary to demonstrate compliance with [this Clause 13] AND/OR [the Contract] and to allow for audits by the Data Controller and/or any party designated by the Data Controller.

13.3. The Data Processor shall not sub-contract any of its obligations to a sub-processor with respect to the processing of personal data under [this Clause 13] AND/OR [the Contract] without the prior written consent of the Data Controller (such consent not to be unreasonably withheld). In the event that the Data

Processor appoints a sub-processor, the Data Processor shall:

  1. a) Enter into a written agreement with the sub-processor, which shall impose upon the sub-processor the same obligations as are imposed upon the Data Processor by this [Clause 13] AND/OR [the Contract] and which shall permit both the Data Processor and the Data Controller to enforce those obligations; and
  2. b) Ensure that the sub-processor complies fully with its obligations under that agreement and the Data Protection Legislation.

13.4. Either Party may, at any time, and on at least 30 calendar days’ notice, alter the data protection provisions of the Contract, replacing them with any applicable data processing clauses or similar terms that form part of an applicable certification scheme. Such terms shall apply when replaced by attachment to the Contract.

  1. Complaints

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Our Services are satisfactory and that Your experience of dealing with Us is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any other complaint about the Musterhub or homeowners property or any of Our staff, please raise the matter with our head office who can be contacted via Musterhubs.com

  1. Set-Off

You will not be entitled to set-off any sums in any manner from payments due to Us in respect of any claim that You may have against Us at any time under a Contract or any other agreement between You and Us.

  1. Assignment and Sub-Contracting

16.1 [Subject to sub-Clause 16.2] The Contract will be personal to the Parties. Neither Party may assign, sub-contract or otherwise delegate any of its obligations under the Contract without the written consent of the other Party, such consent not to be unreasonably withheld; [and]

16.2 [We may perform any of Our obligations under the Contract through any other member of Our group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of the Contract, be deemed to be Our act or omission.]

  1. Third Party Rights

17.1 Nothing in these Terms and Conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract; and

17.2 Subject to Clause 17.1 above, the Contract shall continue and be binding on the transferee, successors and assigns of either You or Us as required.

  1. No Waiver

No failure or delay by Us or You in exercising any rights under the Contract means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Contract means that We or You will waive any subsequent breach of the same or any other provision.

  1. Severance

If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

  1. Notices

20.1 All notices under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice;

20.2 Notices shall be deemed to have been duly given:

20.2.1 when delivered, if delivered by courier or other messenger or by recorded delivery mail during normal business hours of the recipient;

or

20.2.2 when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or

20.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; and in each case notices shall be addressed to the most recent address, e-mail

address, or facsimile number notified to the other Party.

  1. Entire Agreement

21.1 The Contract contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties; and

21.2 Each Party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in the Contract, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

  1. Dispute Resolution

22.1 The Parties shall attempt to resolve any dispute arising out of or relating to the Contract through negotiations between their appointed representatives who have the authority to settle such disputes;

22.2 [If negotiations under sub-Clause 22.1 do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the Parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.];

22.3 [If the ADR procedure under sub-Clause 22.2 of the Agreement does not resolve the matter within <> of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party;

22.4 The seat of the arbitration under sub-Clause 22.3 shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules

that may be required.];

22.5 Nothing in this Clause 22 shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief; and

22.6 The decision and outcome of the final method of dispute resolution under this

Clause 22 shall [not] be final and binding on both Parties.

  1. Law and Jurisdiction

23.1 The Contract and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law; and

23.2 Any dispute, controversy, proceedings or claim between You and Us relating to the Contract (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.