Pluxa

  1. Definitions
    1. PLUXA LTD is a Limited Company registered in England and Wales, register number 12484956, Address; Suite 2A, Blackthorn House, St Pauls Square. Birmingham B3 1RL
    1. the Owner: the organisation or person who owns the Accommodation to which this Agreement relates and as detailed in the Accommodation Specification
    2. the Accommodation: the property, fixtures and fittings as detailed in the Accommodation Specification
    1. the Services: the booking and property management services provided by PLUXA LTD to the Owner; 
    1. Booking Service: where PLUXA LTD shall act as a booking agent only on behalf of the Owner and shall have no responsibility for the management of the Accommodation itself;
    1. Management Service: PLUXA LTD shall act both as a booking agent on behalf of the Owner and assume responsibility for the management of the Accommodation itself in relation to any booking; 
    1. the Agreement: these Terms and Conditions together with any terms contained within the Property Specification; and
    1. the Accommodation Specification: means the document setting out the details of the Accommodation including location, facilities, configuration of accommodation and the fees of PLUXA LTD

    2. General and Interpretation
    1. These Terms and Conditions shall apply to all and any contracts for the supply of Services by PLUXA LTD to the Owner and to the exclusion of all other terms and conditions, including any terms and conditions the Owner may purport to apply under any purchase order, confirmation of order or similar documents.
    1. Any variation to these conditions (including any special terms or conditions agreed between the parties) shall be inapplicable unless agreed in writing by a Director PLUXA LTD and or any such person as specified in the Accommodation Specification.
    1. In the Agreement any references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
    1. In these Conditions headings will not affect the construction of these Conditions.
  1. Scope
    1. Under these terms PLUXA LTD has been contracted by the Owner to provide either a Booking Service or Management Service. The Accommodation Specification shall specify the level of service to be provided in respect of the Accommodation including any special terms.
  1. Charges, invoicing and payment
    1. PLUXA LTD’s fees for the supply of the Services will be detailed as follows:

Management fee each month: 15% of the revenue.

Bank details of the owner: Terraspan Properties Ltd; Sort Code: 04-00-75 Account Number: 56027621

PLUXA LTD and the monthly payment to the owner will be due on the 10th of each month.

    1. Invoiced amounts shall be payable within 14 days of receipt of the invoice.
    1. PLUXA LTD is entitled to charge interest on overdue invoices from the day after the date on which payment was due until the date on which payment was made. The rate of interest charged shall be 8.00% per annum above the official dealing rate of the Bank of England currently in force.
    1. PLUXA LTD shall also be entitled to recover any reasonable charges incurred in the process of obtaining late payment owed by the Owner to PLUXA LTD unless such costs are incorporated in a fixed cost agreed in settlement of the late payment owed by the Owner to PLUXA LTD. Such costs may include but are not limited to, the fees paid to any third-party debt collecting agency instructed to collect the late payment from the Owner.
    1. PLUXA LTD reserves the right to modify or change its prices of the services provided subject to the market demands and any other factors. This includes the Pluxa Management fee or any other services.  
  1. VAT CHARGE on all Pluxa Services will be effective from Oct 2021. 20% VAT charges will be effective from Oct 2021, however Pluxa will only charge 12.5% from all Pluxa investors till Dec 2021 and from January 2022 Pluxa will charge 20% VAT extra on all services. 

5.1       ADDITIONAL SERVICES  

  1. Due to regular security checks of apartments especially during the weekends, free call out in case any problem with guest and emergency, security amount of 3% of monthly revenue shall be charged. This is a complementary service for our esteemed guests to make them feel safe and secure while they enjoy staying in our Apartments. Our Social media campaigns will showcase the prime significance of security in Pluxa Apartments and this will be part of the package as we advertise the apartments in order to get more bookings and higher nightly rates. 
  2. PPC (Pay Per Click) campaigns on Facebook and Instagram will be charged £50 per month for increasing possibility of direct bookings excluding SEO
  3. Major Maintenance- Pluxa does regular maintenance checks and conducts all minor issues which are under scope but for any bigger maintenance in the apartment where call out maintenance required, it will be charged to the Investor and will be deducted from the monthly payout.  
  4. SEO (Search engine optimisation): SEO service contains direct bookings via Pluxa website and charged on 7%, with Quantum 3 it's 5% and with Quantum 5 packages it's only 4% of the full booking.
  5. Public Liability and Professional Indemnity Insurance  - £ 26 shall be charged every month towards Public Liability and Professional Indemnity Insurance
  1. Owner Responsibilities (Management Service)
    1. The Owner shall co-operate with PLUXA LTD in order to enable PLUXA LTD to perform its obligations under this Agreement and in particular shall:
      1. Obtain all necessary permissions and consents that may be required for the performance of the Services and operation of the Accommodation for its intended purpose;
      2. Ensure that an Asbestos Management Survey is in place in relation to Accommodation that was built prior to the year 2000;
      3. Ensure that a Fire Risk Assessment (FRA) is in place for the Accommodation prior to commencement of the Services or that PLUXA LTD is employed to arrange for the FRA to take place, prior to letting of the property; 
      4. Ensure that an up to date Gas Safety Certificate is held for each relevant appliance within the Accommodation, or that PLUXA LTD is employed to arrange for the FRA to take place, prior to letting of the property;
      5. Obtain and maintain appropriate buildings insurance and public liability insurance in respect of the Accommodation;
      6. Ensure that accurate information is supplied to PLUXA LTD and supply any further information reasonably required by PLUXA LTD;
      7. Promptly notify PLUXA LTD of any change to material information or of any event that relates to the Services;
      8. Comply with such other requirements as may be set out in the Accommodation Specification or otherwise agreed between the parties;
      9. Carry out, authorise or make payment for such action as may be required PLUXA LTD in relation to the Accommodation as is necessary to ensure the continued compliance by the Owner and or PLUXA LTD with applicable statutory requirements including but not limited to building regulations, health and safety regulations and consumer rights regulations.
    1. The Owner shall be liable to compensate PLUXA LTD for any expenses incurred or losses suffered by PLUXA LTD as a result of a failure of the Owner to comply with any part of clause 6.
  1. PLUXA LTD Responsibilities (Management Service)
    1. PLUXA LTD shall carry out the Services with the reasonable care and skill expected and in particular shall:
      1. Carry out an initial review of the Accommodation and advise the Owner of any action it considers is necessary in relation to the Accommodation prior to commencement of the Services;
      2. Provide a booking platform and manage bookings of the accommodation;
      3. Hold in trust and subsequently transfer to the Owner at agreed intervals monies accepted by PLUXA LTD from guests in relation to the reservation for and use of the Accommodation, where the full payment has been received; where the full payment has not been received it will be transferred to the owner on receipt of full payment;
      4. Provide an appropriate level of service to guests in relation to check-in, check-out and during guest stays;
      5. Maintain the cleanliness of the Accommodation including appropriate housekeeping service;
      6. Notify the Owner promptly of any non-routine maintenance work which is required to the Accommodation;
      7. Comply with such other requirements as may be set out in the Accommodation Specification or otherwise agreed between the parties;
      8. Notify the Owner of such action that in PLUXA LTD ‘s reasonable opinion the Owner is required to carry out, authorise or make payment for in relation to the Accommodation as is necessary to ensure the continued compliance by the Owner and or PLUXA LTD with applicable statutory requirements including but not limited to building regulations, health and safety regulations and consumer rights regulations.
  1. Owner Responsibilities (Booking Service)
    1. The Owner shall co-operate with PLUXA LTD in order to enable PLUXA LTD to perform its obligations under this Agreement and in particular shall:
      1. Obtain all necessary permissions and consents that may be required for the performance of the Services and operation of the Accommodation for its intended purpose;
      2. Manage the upkeep of the Accommodation to a standard as required by law and to appropriate industry standards for the provision of serviced accommodation;
      3. Provide an appropriate level of service to guests at check-in, check-out and during guest stays;
      4. Deal with any complaints relating to the use of the Accommodation promptly and reasonably;
      5. Ensure that accurate information is supplied to PLUXA LTD and supply any further information reasonably required by PLUXA LTD;
      6. Promptly notify PLUXA LTD of any change to material information or of any event that relates to the Booking Services;
      7. Update PLUXA LTD without delay in relation to any change to the availability of the Accommodation;
      8. Ensure that the Accommodation as has been booked by PLUXA LTD is available;
      9. Comply with such other requirements as may be set out in the Accommodation Specification or otherwise agreed between the parties.
    1. The Owner shall be liable to compensate PLUXA LTD for any expenses incurred or losses suffered by PLUXA LTD as a result of a failure of the Owner to comply with any part of clause 7.
  1. PLUXA LTD Responsibilities (Booking Service)
    1. PLUXA LTD shall carry out the Services with the reasonable care and skill expected and in particular shall:
      1. Provide a booking platform and manage bookings of the accommodation;
      2. Hold in trust and subsequently transfer to the Owner at agreed intervals monies accepted by PLUXA LTD from guests in relation to the reservation for and use of the Accommodation;
      3. Notify the Owner promptly of any complaint which PLUXA LTD has received from a guest in relation to the Accommodation or service provided by the Owner;
      4. Comply with such other requirements as may be set out in the Accommodation Specification or otherwise agreed between the parties;
      5. Notify the Owner of such action that in PLUXA LTD’s reasonable opinion the Owner is required to carry out, authorise or make payment for in relation to the Accommodation as is necessary to ensure the continued compliance by the Owner and or PLUXA LTD with applicable statutory requirements including but not limited to building regulations, health and safety regulations and consumer rights regulations.
  1. Health and Safety
    1. PLUXA LTD treats the health and safety of its employees, contractors and agents with the utmost importance. PLUXA LTD will carry out site specific risk assessments and produce method statements in relation to Management Services carried out at the Accommodation by PLUXA LTD on behalf of the Owner.
    1. The Owner acknowledges its statutory and common law duties in relation to the health and safety of visitors to its site, including in particular pursuant to sections 3 and 4 of the Health and Safety at Work etc. Act 1974.
    1. The Owner shall ensure that all sites where PLUXA LTD shall carry on the Services are safe for conduct of those Services. PLUXA LTD shall notify the Owner of any risks to health and safety which require remedial action, which must be taken by the Owner within a reasonable time scale.
    1. The Owner will advise PLUXA LTD of any changes made to its premises which will affect or impact the delivery of the Services. 
    1. PLUXA LTD reserves the right to suspend the provision of all or part of the Services where an unacceptable risk to health and safety exists until the Owner has removed, or reduced to an acceptable level, that risk. The Owner shall remain liable for any charges due for the Services during any such period of suspension.
  1. Warranty
    1. Any warranties and conditions provided in this Agreement shall be exclusive. 
    1. All other warranties and conditions, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the performance of the Services PLUXA LTD.
  1. Indemnity
    1. The Owner shall indemnify PLUXA LTD in respect of any direct loss incurred by PLUXA LTD in the performance of the Services in consequence of any negligent act or omission committed by any person or organisation acting on behalf of the Owner.
    1. PLUXA LTD shall indemnify the Owner in respect of any direct loss incurred by the Owner in consequence of any negligent act or omission committed by any person or organisation acting on behalf of PLUXA LTD in the normal course of the performance of the Services.
  1. Limitation of Liability
    1. The liability of PLUXA LTD to the Owner under this Agreement shall be limited to any direct loss suffered by the Owner as result of the negligent performance of the Services and only where the Owner notifies PLUXA LTD of the negligent act or omission in question within seven days of the date when the Owner became, or should reasonably have been, aware of that act or omission.
    1. PLUXA LTD shall not be liable for any loss caused by any act or omission of an operative of PLUXA LTD where that operative was not acting in the normal course of performance of the Services.
    1. PLUXA LTD shall not be liable for any loss or damage arising from the performance of services that amount to a variation of the Services to be performed agreed under this Agreement unless such variation has been agreed in compliance with the relevant provisions of this Agreement.
    1. PLUXA LTD shall not be liable for any indirect or consequential loss suffered by the Owner due to a breach of this Agreement by the Owner.
  1. Termination
    1. This Agreement may only be terminated by the owner only after 3 years of the original rental lease has elapsed, provided in writing and sent to the other party by recorded delivery. In the event of postal disruption, or with the agreement of the other party, such notice may be delivered by hand or fax transmission and duly acknowledged by the other party.
    1. This Agreement may be terminated by PLUXA LTD by giving 1 month’s notice provided in writing and sent to the other party by recorded delivery. In the event of postal disruption, or with the agreement of the other party, such notice may be delivered by hand or fax transmission and duly acknowledged by the other party.
    1. In the event of termination of this Agreement both Parties shall take such steps as are necessary and reasonable to ensure that guest bookings already made and which fall due after the termination of the Agreement are honoured or cancelled in accordance with the rights of the guest under the booking terms and conditions;
    1. The Owner shall indemnify PLUXA LTD for any reasonable losses suffered or costs incurred as a result of early termination of this Agreement.
    1. The owner shall indemnify PLUXA LTD for the remainder of the term management fees based on the average revenue of the term executed until termination, if the contracted is terminated earlier than 3 years.
    1. This Agreement may be terminated by either party immediately in writing where:
      1. The other Party becomes bankrupt or insolvent or enters a deed or arrangement with its creditors or goes into liquidation or has a receiver appointed of all or part of its undertaking, (except for the purposes of amalgamation or restructuring); or
      1. Acts in fundamental or repeated breach of a term or terms of this Agreement to an extent which permits the other party to consider this Agreement repudiated, unless such breach is in consequence of force majeure.
      1. Additional Break Clause for the Owner; This agreement may be terminated by the owner with 2 month written notice after the initial 12 month if,

PLUXA LTD fails provide it’s maintenance or and cleaning service obligation in any 3 consecutive months despite 3 written notice from owner.

  1. Force Majeure
    1. Neither party shall be entitled to damages from the other party, or to terminate this Agreement where the other party acts in default or material breach of this Agreement where that default or breach was caused by conditions or events beyond its control including, but not limited to:
      1. Strike, lockout or other labour dispute affecting the employees of PLUXA LTD or the Owner where in the latter case the effect is to prevent or hinder PLUXA LTD’s operatives from performing its duties;
      1. Acts of God;
      1. Natural disasters;
      1. Acts of war or terrorism;
      1. Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;
      1. Delay in manufacture, production or supply by third parties of equipment or services required for the performance of the Services;
      1. Any event preventing PLUXA LTD’s operatives from attending the Owner’s premises to perform the Services including but not limited to adverse weather conditions, road closure or congestion and mechanical breakdown;
      1. Any hazard at the Owner’s premises including but not limited to impeded access or exit routes, structural defects, presence of noxious, combustible, radioactive or toxic substance which, in the reasonable opinion of PLUXA LTD, comprises an unacceptable risk to the health and safety of its operatives;
    1. The Party in breach of default shall be entitled to a reasonable extension of time to perform its obligations under this Agreement after notifying the other party 
  1. Independent Contractors
    1. PLUXA LTD and the Owner are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless expressly agreed to in writing by both parties.
  1. Assignment
    1. PLUXA LTD may assign its obligations under this Agreement to a third party without the Owner’s consent.
    1. Nothing in the preceding sub-clause shall however prevent the Owner from enforcing its rights under this Agreement against PLUXA LTD.
    1. The Owner may not assign any of its rights or obligations under this Agreement without the written consent of a Director of PLUXA LTD
  1. Severability
    1. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  1. Waiver
    1. The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
  1. Notices
    1. All notices and other communications provided for in this Agreement and any associated document shall be in writing and shall be delivered by post, fax, email or hand to an authorised representative, to the address, fax or email specified in the Contracts Specification.
    1. Any notices served shall be deemed to be effective on actual receipt by the receiving Party, who shall acknowledge receipt within two working days of the date of receipt.
  1. Entire Agreement
    1. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
  1. Third party rights
    1. Nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise
  1. Jurisdiction
    1. This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.

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  1. Execution
    1. On behalf of PLUXA LTD

Name       Peter Juhasz

Position   Director

Date   May 18, 2022

    1. On behalf of the Owner of 

Name       

Position   Director

Date      May 18, 2022

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Signed by Peter Juhasz
Signed On: November 3, 2021


Signature Certificate
Document name: Booking and Property Management Agreement - 36g5 Windmill Street, Birmingham B1 1FW
lock iconUnique Document ID: 76b1f365f6899414c5dbc19c6b89c6e9fb3ebf08
Timestamp Audit
November 2, 2021 6:44 pm BSTBooking and Property Management Agreement - 36g5 Windmill Street, Birmingham B1 1FW Uploaded by Peter Juhasz - info@pluxa.co.uk IP 185.205.204.165