Franklyn Village Terms & Conditions
These Terms and Conditions shall apply to the provisions of all Franklyn Village services.
In these Terms and Conditions and in any Contract to which these terms and conditions apply unless the context otherwise requires:
- Franklyn Village means part of the Liz Harris Property Group
- Client or Customer means the purchaser of services from Franklyn Village. If the Client(s) comprise more than one person, each of those person's liability and agreement is joint and several.
- Where the Client is a trust, the trustee's liability shall not be limited to the assets of the trust; Contract means an agreement between the Client and Franklyn Village
- Unless Franklyn Village and the Client otherwise agree in writing:
- in the event of any conflict arising between these Conditions and any agreement or contract these Terms and Conditions
No contact shall come into existence until the Client's order has been accepted by Franklyn Village. The Client may apply for a Tenancy by either:
- Filling out a request application via our website
- Contacting our offices and arranging a meeting
4. Prices and Bonds
- All tenants must pay a refundable bond of $700, which are refundable at the end of the tenancy so long as the room is cleaned, undamaged, and keys returned
- All tenants must purchase a mattress protector for their bed at a cost of $20 for a single or $25 for a double, which can be kept by the tenant upon vacating
- The tenancy is intented to last for 28 days or more, with a requirement of 48-hours notice to vacate
In the event that:
- The amounts payable to the Client to Franklyn Village are overdue, or the Client fails to meet any other obligation to Franklyn Village, under this or any other Contract or agreement or in Franklyn Village opinion the
- Client is likely to be unable to meet any payment or other obligations to Franklyn Village; or The Client becomes insolvent, has a receiver appointed in respect of all or some of its assets, makes or is likely to make an arrangement with its creditors or has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management; then
Franklyn Village shall be be entitled to cancel all or any part of any Contact with the Client which remains unperformed, in addition to and without prejudice to its other remedies, and all amounts outstanding under this Contract or any other.
6. Intellectual Property
- Unless otherwise agreed, Franklyn Village shall retain copyright and intellectual property rights in all documents, reports, records, media, and electronic files prepared for and on the Client's behalf
- If any Condition or part of any Condition is held to be invalid or unenforceable the invalidity of unenforceability shall be deemed eliminated or modified to the minimum possible extent necessary to make the remainder of the Conditions enforceable.
- Failure by Franklyn Village to insist upon strict performance by the Client of any of the Conditions shall not be a waiver of any rights of Franklyn Village on any subsequent occasion.
- These Terms and Conditions and the Contract may only be varied by Franklyn Village in writing at its discretion,
- The client may not assign or transfer any of its rights or obligations under or in connection with the Contract to any other person whatsoever
- Neither any part shall be liable for any delay, alteration or failure to perform any of its obligations under a Contract where occasioned by an event beyond that party's reasonable control ('force majeure') and such party shall be entitled to a reasonable extension of time for the performance of any such obligations.
- The Client shall pay the costs and expenses including indemnity legal costs incurred by Franklyn Village in exercising any of its rights or remedies or enforcing any of the Conditions. All Contracts made between Franklyn Village and the Client shall be governed by and construed in accordance with the laws of New Zealand and the Client agrees to submit to the nonexclusive jurisdiction of the New Zealand Courts.
- Any notice give by on party to the other shall be deemed to have been delivered 48-hours after posting to the recipients registered office or last known address and immediately if forwarded by facsimile or email.
8. Collection and disclosure of Information
- Franklyn Village may at any time collect, hold and use information relating to a Client of any purpose connected with its business including (but not limited to) reference checks, debt recovery, credit reporting or assessment, and to register any security interest, and other third parities. Under the Privacy Act 1993 (and any amendments thereto), individuals have rights to access to, and request correction of, their personal information by contact Franklyn Village.
- These Terms and Conditions shall be governed by the laws of New Zealand and shall be construed in all respects as a New Zealand contract.