Thank you for visiting spotspace.co. By browsing and using this website, and taking part in its services, you agree to comply with and be bound by the following terms and conditions of use, which govern Spot Space’s relationship with you in relation to this website and our services. If you disagree with any part of these terms and conditions, please refrain from using our website and services.
The terms ‘Spot Space’, ‘us’ or ‘we’ refer to Spot Space Limited, whose registered office is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, registered in England and Wales with number 10194314. The term ‘you’ refers to both Users of the website and Space Providers.
Our website and services comprise an online platform through which Space Providers may create listings for the hire and letting of event spaces, and Users browsing the site may learn about and book spaces directly with Space Providers. The services may also include suggesting Space Providers to Users, who may or may not have browsed the website, so that they may learn about and book spaces directly with Space Providers. You understand and agree that Spot Space is not a party to any agreement entered into between the Space Provider and User, nor is Spot Space acting as an agent, or in partnership with any Space Provider or User. Spot Space has no control over the conduct of Space Providers or Users of the website and services, and disclaims all liability in this regard to the maximum extent permitted by law.
The website and services are intended to be used to facilitate the introduction of Users to Space Providers for the purpose of booking spaces directly with one another. Spot Space does not control the content contained in any listings, nor do we make any warranty or representation to the User as to the condition, legality or suitability of any space. Spot Space is not responsible for and disclaims any and all liability related to any and all listings and spaces. Accordingly, any listings advertised by the Space Provider, or bookings made by the User, are done so at their own risk.
● By signing up to Spot Space, Space Providers agree to receive booking enquiries.
● By completing a booking enquiry, Users agree to receive marketing correspondence from Spot Space via email.
● All booking enquiries are or may be subject to review by members of the Spot Space team prior to, or at such time as they are sent to you (whether through such automated processes as are in use through the site, or by such other means of manual communication).
● Once a booking enquiry has been made to a Space Provider (and where the Space Provider does not acknowledge receipt of the booking enquiry sooner) the booking enquiry shall be deemed to have been received by the Space Provider 24 hours after the time at which the booking enquiry is first made.
● Where the Space Provider has not acknowledged receipt sooner, the Space Provider is required to acknowledge receipt of each booking enquiry received, within 24 hours of deemed receipt.
● In the event that a Space Provider fails to acknowledge receipt of three or more consecutive booking enquiries, Spot Space reserves the right to suspend, remove or terminate the listing to which the booking enquiry relates.
● Once a Space Provider has acknowledged receipt, the Space Provider and User shall deal directly with one another for the purpose of arranging an event, and Spot Space shall have no liability whatsoever to either the Space Provider or the User in relation to any contractual dealings between the Space Provider and User.
● Spot Space reserves the right to contact either the Space Provider or the User at any time following a booking enquiry so as to ascertain the status of the booking enquiry and ask for feedback from either party.
● For the avoidance of doubt, the concepts of deemed receipt and acknowledged receipt in this clause shall not in any way prejudice the right of Spot Space to receive commission on each booking enquiry that converts into a confirmed booking.
● By signing up, the Space Provider agrees to act at all material times in good faith towards Spot Space.
● The Space Provider shall provide Spot Space at all material times with the information that Spot Space reasonably requires to carry out its duties, including marketing information for and details of the services, and information about the Space Provider.
● In using the website, the Space Provider agrees to maintain up to date contact details in connection with the account, and shall ensure in so far as is reasonably practical that all hire prices and information related to any listing, are accurate.
● The Space Provider may update any information in connection with the account or a listing, at any time, as long as that request is made to Spot Space within Spot Space’s ordinary business hours.
● The Space Provider agrees to provide prompt evidence of booking to Spot Space of the following:
a). The date it receives a confirmed booking;
b). The hire fee payable for the booking;
c). The invoice date;
d). The date or dates on which payment of the hire fee becomes due; and
e). In the event of a cancelled booking, the amount of any non-refundable payment received from the User as at the date of cancellation.
● The Space Provider must provide the above information no later than three business days after it receives a confirmed booking or cancelled booking (as the case may be).
● The Space Provider may not advertise hire prices on the website which are higher than any prices routinely quoted to prospective customers, or advertised elsewhere in the ordinary course of theSpace Provider’s business.
● The Space Provider is responsible for the accuracy of all images and text which appear on listings connected to the account, and shall use all reasonable endeavours to ensure that the content is maintained. Spot Space may create content on behalf of the Space Provider if so requested to do so, using information readily available from the public domain, or supplied to it by the Space Provider.
● The Space Provider shall ensure that its listings do not infringe any applicable laws, regulations or are in breach of any third party Intellectual Property Rights.
● The Space Provider acknowledges that Spot Space does not purport to monitor the content of the website. Spot Space reserves the right to remove content from the website where it reasonably suspects such content is inappropriate content. Spot Space shall notify the Space Provider promptly if it becomes aware of any allegation that any content contained in any listing on the website may be inappropriate content.
● Without prejudice to the rights of Spot Space, the Space Provider shall be under no obligation to accept a booking enquiry.
● In the event that the Space Provider is unwilling or unable to accept a booking enquiry, the Space Provider agrees that it shall not refer that booking enquiry to another entity, unless that entity is another Space Provider, or an affiliate, in which case that affiliate’s attention shall be drawn to these Terms and Conditions and its obligation to pay commission.
● In consideration of Spot Space facilitating the making of booking enquiries to the Space Provider, the Space Provider agrees to, and shall be liable to pay commission to Spot Space, for any booking enquiry which results in a confirmed booking, in accordance with the provisions set out in this clause.
● The right of Spot Space to receive commission shall arise at the point at which a booking enquiry is made and for the purpose of this clause, a booking enquiry shall deemed to have been made:
a). At such time as a User first submits their contact details on the website through a listing belonging to the Space Provider, for the purpose of making contact with the Space Provider (as timed and recorded by the website); or
b). Where a User has asked the Spot Space team to make contact on its behalf, at such time as the Spot Space team first attempt contact with the Space Provider (whether by way of email, telephone call, through the website or otherwise) and not the time at which an acknowledgement from the Space Provider is actually received (whether such receipt is deemed or otherwise); or
c). Where a member of the Spot Space team suggests a Space Provider to a User, at such time as the Spot Space team first contact the User with the suggestion (whether by way of email, telephone call, through the website or otherwise) and not the time at which an acknowledgement from the User is actually received.
● No commission shall be payable to Spot Space in respect of a confirmed booking where a User has first entered into bona fide negotiations with the Space Provider in respect of the same event to which a confirmed booking relates, in the three months immediately prior to making a booking enquiry.
● Where a Space Provider refers a User to an affiliate, for any booking enquiry which results in a confirmed booking, the affiliate shall be liable to pay commission to Spot Space in accordance with the provisions set out in this clause.
● For all confirmed bookings where money is due from the User to the Space Provider, the following rates of commission will apply:
a). In the event of a completed booking, 10% of all fees due (including minimum spends) from the User to the Space Provider (exclusive of VAT); and
b). In the event of a cancelled booking, and where the Space Provider has retained a non-refundable payment from the User, 10% of that payment (exclusive of VAT).
● For a recurring event, commission at the rate of 10% shall be payable on the aggregate fees due from the User to the Space Provider, for use of the space on the first 365 calendar days after which the first event takes place.
● All payments due to Spot Space will be subject to VAT at the prevailing rate in force at such time as payment becomes due.
● Spot Space reserves the right to charge a different rate of commission to that otherwise advertised on the website or on a case by case basis at its absolute discretion, including for (but not limited to) registered charities.
● Space Providers will be invoiced for the payment of commission the day after the first event date.
● The due date for all invoices raised by Spot Space will be 28 days from the date on which any such invoice is raised.
● Spot Space reserves the right to offer alternate payment terms on a case by case basis at its absolute discretion.
● In the event that invoices are not paid within two weeks of their due date, your account may be suspended and your credit rating may be affected. If you have any queries about invoices then please contact us directly on firstname.lastname@example.org.
● The liability of the Space Provider for the payment of commission is not subject to, nor conditional upon, the Space Provider having first received payment (whether invoiced or not) from the User in respect of the confirmed or completed booking.
● If a User defaults on payment to the Space Provider commission remains due and payable to Spot Space. Non-payment from the User to the Space Provider does not affect our terms of payment.
● The Space Provider may claim back commission already paid in respect of confirmed bookings which are subsequently cancelled by the User, subject to providing satisfactory evidence of the same to email@example.com, and subject to the deduction of any payment due in respect of the cancelled booking..
● The Space Provider may not claim back commission which has been paid to Spot Space in respect of a confirmed booking which is subsequently cancelled by the Space Provider.
● Termination of the Space Provider’s account (howsoever arising) shall not affect the continuation in force of this clause and the Space Provider’s obligation to pay commission to Spot Space in accordance with it in respect of any outstanding booking enquiries as at the date on which the account is terminated.
● You warrant that we have permission to distribute any images or content sent to us and you grant us a nonexclusive, irrevocable, worldwide, royalty-free licence to reproduce and redistribute your images in any territory until otherwise notified. You agree to indemnify us for any breach of this warranty.