Mr. / Ms. ____________________________________________ hereinafter referred to as the "Resident" on the one hand, and Nobel Group Ltd, hereinafter referred to as "Nobell" on the other hand, jointly referred to as the parties, have entered into this service agreement, referred to as hereinafter the “Supplemental Hospitality Services Subscription”, as follows:
1.1.Under this agreement, Nobell undertakes, on behalf of the resident, to provide the resident with services as part of a supplemental hospitality service subscription, as specified in an additional appendix, which is an integral part of the agreement, and the resident undertakes to accept and pay for the services provided by Nobell in the manner provided for in this agreement.
In the framework of this agreement, supplemental hospitality services subscription means the implementation by Nobell, at the request of the resident, of the set of services specified in an additional appendix.
1.2. The place of provision of services is the residence located at the following address:
1.3. On a monthly basis, the resident has the right to adjust, as per their requirement, the number of services specified in the additional appendix of this agreement, but must remain within the framework of the total volume of services permitted and agreed.
1.4. The provision of services by Nobell under this agreement are carried out on the basis of the residents requests (hereinafter referred to as “Requests”).
2.1 Under these conditions, the following definitions apply:
“Subscription” : means a mutually agreed duration of time contracted in an agreement between Nobell and a resident, permitting a resident access to use Nobell hospitality services during the contracted period indicated.“Subscription Fees”: means the agreed contracted fees payable in respect of a residents recurring payment obligations, as documented in a residents official contract and as stated in the terms and conditions therein.
“Hospitality Subscription Application” : means a resident applying for a hospitality subscription. “Points”: means the value assigned per unit of revenue spent by the resident on designated services and a subsequent point value assigned to that unit for the benefit of the resident.
“Conditions”: means these terms and conditions as amended from time to time.
“Nobell Resident” thereafter known as “Resident” : is defined as a person who is a) registered as a resident in a designated condominium managed and operated by Nobell and b) who has also signed a supplemental hospitality subscription agreement with Nobell.
“Resident Card”: means the resident identity card issued to residents by Nobell upon acceptance of a residency application and subscription payment.
“Residents Club”: means the Nobell Residents club owned by Nobell Group (UK) Limited.
“Website”: means the website located at the following url address: www.nobell.com
“Request”: means a request placed by a resident requesting Nobell to arrange the specified supply of goods and/or services.
“Services”: means the services provided by Nobell to it’s residents as part of their residency terms and conditions.
“Supplier” : means a supplier or service provider engaged by Nobell on behalf of and as agent for a resident to provide goods and/or services to that resident.
2.2 Under these conditions, the following rules apply: (a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); (b) a reference to a party, including its personal representatives, successors or permitted assignees; (c) any reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; (d) any phrase introduced by the terms including, or, in articular, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and (e) a reference to writing or written includes e-mails and /or any electronic text communication.
Nobell shall :
3.1.0 Supply services to the resident during the subscription in accordance with the residents particular requests, provided that Nobell shall not be required to provide, or facilitate the supply of goods and/or services that it deems at its sole discretion, may violate applicable laws, standards and/or regulations, or may offend taste and decency in the relevant jurisdiction.
3.1.2 Use its reasonable endeavours to meet any performance dates or times specified for services provided, but any such dates and times shall be indicated estimates only and actual times may vary based on conditions at time of service request.
3.1.3 Have the right to make any changes to services which are necessary to comply with any applicable law or safety requirements, or which do not materially affect the nature or quality of the services, and Nobell shall notify the resident in any such event.
3.1.4 Provide services in the local language (additional languages may be made available, depending on the location of the Nobell residence).
3.1.5 Monitor or record selected calls for training and quality control purposes.
3.1.6 Issue the resident with a Nobell residents card, which shall remain the property of Nobell and which will be assigned for personal use of the resident only and is not transferable, nor permitted to be used by any other persons, other than the resident. Terms and conditions of card use are contained in an additional appendix.
4.1 Residents may place any and all requests by using the Nobell mobile application or telephone.
4.2 The resident undertakes that all details provided to Nobell for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or payment card used from time to time is the property of the resident and that the resident has sufficient funds to cover the cost of the product or service.
4.3 From time to time, the procurement or provision of certain services, products or benefits may incur a Nobell service fee or handling charge (of which the resident will be notified in advance) and in such event the resident hereby authorises Nobell to debit the residents payment card with any such handling charges as specified, or alternatively, to invoice the resident in respect of any such fees or charges as they occur.
5.1. Requests are sent by the resident using the Nobell mobile application, under the residents personal login and account. All requests must clearly specify the type of required services, any additional relevant information to explain the request , as well as the desired time of execution of requested activities to be carried out by Nobell for this request.
5.2. All orders will be logged and recorded in the resident’s personal mobile account.
5.3 Upon sending the request, Nobell automatically registers the request and enters information into the database of current requests, available in the resident’s personal account.
5.4. If necessary, the operator, on behalf of Nobell, will request additional information from the resident necessary for the execution of the request, by sending messages to the mobile application chat of the resident’s personal account.
5.5. Upon execution of the request by Nobell, a notification will be sent to the resident in the form of a message in the chat application, verifying completion of the requested service.
5.6 Access to and use of the personalised mobile app is through a combination of a user name and password. The resident is solely responsible for maintaining the confidentiality of their user name and password and the resident agrees to notify Nobell immediately, should the residents user name and password be lost, stolen or compromised in any way.
6.1.1. Provide the services constituting the subject of this agreement qualitatively and on time.
6.1.2. Service, maintain and provide reasonable care of the property of the resident during the subscription term, without prejudice.
6.1.3. To ensure the provision of services in strict accordance with the criteria and norms described in the additional appendix, and also to ensure the strict adherence of the Nobell’s employees during the provision of services to the oral instructions of the resident.
6.1.4. Immediately inform the resident about forced delays in the provision of services, domestic accidents and other unforeseen circumstances that prevent the timely execution of obligations.
6.1.6 Involve third parties in the execution of services under this agreement.
6.2.4 Provide services using all reasonable care and required professional skill and as far as reasonably or practically possible, in accordance with requests and reasonable instructions, from time to time.
6.3.3. The resident shall:
7.1 All applications relating to subscription agreements are subject to acceptance by Nobell, at its sole discretion. Nobell shall notify applicants in writing in the event that a hospitality subscription application has been successfully accepted. Nobell is under no obligation to disclose its reasons for rejecting any application.
8.1 The subscription’s first monthly fee shall be payable in full, upon written acceptance of the residents subscription application.
8.2 The resident acknowledges that a payment of the ‘subscription fee’ constitutes an express request and acceptance for Nobell to begin to supply the resident with services.
8.3 Where the resident has provided Nobell with details of a payment card, or has authorised a direct debit mandate, the resident hereby expressly authorises Nobell to deduct and/or collect weekly or monthly subscription fees.
8.4 If the resident does not wish to renew the subscription for any reason, the resident must notify Nobell in writing, at least 30 days prior to the official annual subscription renewal date.
8.5 If the resident does not notify Nobell in writing within 30 days from the expiration of the resident’s current subscription, Nobell reserves the right to automatically renew the subscription under the existing terms and conditions as indicated therein.
8.6 Nobell reserves the right to refuse to provide all and any services to a resident, should any payments due under these conditions not be received, or be delayed at any time.
8.7 Nobell may, at the residents request, purchase goods or services on behalf of the resident. In the event that Nobell act as a credit agent in this regard, the resident hereby authorises Nobell to deduct the authorised credit sum from the residents payment card immediately.
9.1 Third party suppliers are responsible for providing residents with the services and products that residents request from Nobell, from time to time. Unless stipulated, Nobell shall communicate with suppliers directly on the residents behalf.
9.2 Third party suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that third party supplier to the resident and such terms and conditions shall be binding upon the resident at the time of order.
9.3 When ordering a product or service, the resident may be required to provide their payment card details. If the resident requests and authorises Nobell to use their payment card in order to pay a supplier for products or services, the resident acknowledges and agrees that Nobell shall have no liability, or be responsible in any way whatsoever, in respect of the use of the resident payment card, provided that Nobell acts in accordance with the written instructions issued by the resident in relation thereof.
9.4 The resident acknowledges that third party supplier services are subject to availability and may change from time to time.
9.5 If Nobell's performance of any of its obligations under these conditions is prevented or delayed by any act or omission by the resident, or failure by the resident to perform any relevant obligation: (a) Nobell shall, without limiting its other rights or remedies, have the right to suspend performance of the services, until the resident remedies the resident default to the satisfaction of Nobell, and to rely on the resident default to relieve it from the performance of any of its obligations to the extent the resident default prevents or delays Nobell's performance of any of its obligations; (b) Nobell shall not be liable for any costs or losses sustained or incurred by the resident, arising directly or indirectly from Nobell's failure or delay to perform any of its obligations and (c) the resident shall reimburse Nobell on written demand for any costs or losses sustained or incurred by Nobell, arising directly or indirectly from the resident default.
10.1 Nothing in these conditions shall limit or exclude Nobell's liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the supply of goods and services act 1982 (title and quiet possession).
10.2 Subject to clause 10.1: (a) Nobell shall not be liable to the resident, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information, whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under, or in connection with their subscription.
10.3 The residents subscription agreement for the supply of third party products or services is made with Nobell only. Nobell acts as an official agent for the third party supplier and, unless expressly provided otherwise, all resident rights and remedies are to be reverted in the first instance to Nobell.
10.4 Nobell shall not be liable to the resident, or be deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of Nobell's obligations in relation to the services, if the delay or failure was due to any cause beyond Nobell's reasonable control.
10.5 Except as expressly set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these conditions.
10.8 This clause 10 shall survive termination of these conditions.
11.1 These conditions shall take effect and be binding upon the resident and Nobell, upon acceptance by Nobell of the residents subscription application. These conditions shall be applicable for the duration of the subscription period and shall only cease to have effect upon the expiry or termination of the subscription. The resident agrees that the residents rights and remedies under these conditions, shall be against Nobell and no other entity.
12.1 Privacy and data protection assignment and sub-contracting: (a) The resident shall not, without the prior written consent of Nobell, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these conditions.
12.2 Waiver: (a) A waiver of any right under these conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these conditions or by law, shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. (b) Unless specifically provided otherwise, rights arising under these conditions are cumulative and do not exclude rights provided by law.
12.3 Severance: (a) If a court or any other competent authority finds that any provision of these conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part- provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these conditions shall not be affected. (b) If any invalid, unenforceable or illegal provision of these conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12.4 Variation: Nobell may vary these conditions from time to time and will notify the resident of any changes in a timely manner. Notification will be by some, or all of the following: Nobell mobile application, Nobell newsletter, the Nobell website, by Nobell email, or by telephone from an official Nobell representative. The residents continued use of their subscription constitutes acceptance of such variations to these conditions.
12.5 No partnership: Nothing in these conditions is intended to, or shall be deemed to, constitute a partnership, or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
12.6 Third parties: A person who is not a party to these conditions shall not have any rights under, or in connection with it.
12.7 Governing law and jurisdiction: These conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
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