1. Definitions and Interpretations
1.1 Definitions
In this Agreement:
'Deposit' means the sum specified in the Particulars
'Licence Fee' means the sum specified in the Particulars
'Licence Period' means the period commencing on the date hereof and expiring on expiry of a Termination Notice
'Owner' means the owner of the Property from time to time
'Property' means the Property described in the Particulars
‘The Entire Property’ means all buildings and land at the address given on the front page of this licence.
'Regulations' means such (if any) regulations and/or directions as Monoma Ireland Limited shall from time to time issue in relation to the Resident's use and occupation of the Property
'Termination' Four weeks for termination notice for both parties except as provided in clauses 7 &10 below
'Shared facilities' All areas within the property that are usually equipped for common use such as for example (but not limited to) hallways, parking areas, stairways, corridors, kitchen, toilet and bathroom facilities
‘Residents’ means the Resident and such other persons as Monoma Ireland Limited may from time to time authorise to share the Living Space with the Resident
'Safety Pack' means a fire extinguisher, a single point smoke detector and a fire blanket.
'Gross Misconduct' has the meaning given to it in clause 10 below.
'Termination' means the coming to an end of this agreement, whether because the Licence Period expires, or this agreement is terminated before then in one of the ways set out in clause 4 below, or for any other reason.
1.2 Interpretation
1.2.1
The clause headings do not affect the construction of this agreement and any reference to a clause not otherwise attributed is a reference to a clause of this agreement
1.2.2 Words of one gender include all other genders and any reference to a person includes a reference to a company, authority, board, department or other body
1.2.3 Any obligation on a party to do any act or thing includes an obligation to procure that it is done and any obligation not to do any act or thing includes an obligation not to permit the doing of that act or thing
1.2.4 Any consent, approval, authorisation or notice required or given under this agreement will only take effect if given in writing
1.2.5 Where this agreement provides that something may not be done without Monoma’s prior written consent,then:
2. Recitals
2.1 Monoma World Ireland Limited provides services to property owners to secure premises against trespassers and protect them from damage (among other things) and has agreed to provide such services to the Owner in respect of the Property
2.2 To enable Monoma Ireland Limited to provide those services the Owner has agreed that during the period permitted by Monoma’s agreement with the Owner Monoma Ireland Limited shall be entitled to grant temporary non exclusive licences to share occupation of the Property which do not confer any right to the exclusive possession of the Property or any part of it
2.3 Monoma Ireland Limited is not entitled to grant possession or exclusive occupation of the Property or any part of it to any other person. It merely has the power to grant licences for non-exclusive occupation of the Property.
3. Declaration
The parties agree that this agreement is not intended to confer exclusive possession upon the Resident nor to create the relationship of landlord and tenant between the parties and the Resident shall not be entitled to an assured tenancy or a statutory periodic tenancy under the Residential Tenancies Act 2004 or to any other statutory security of tenure now or upon the determination of the Licence This licence is subject to satisfactory references from your current employer and if required from all other employers and unemployment offices and referees It is mandatory to pay an administration fee of €75 and it is mandatory to purchase a safety pack for €75 prior to occupation. The safety pack will be fitted into the room prior to occupation and must not be removed until the property is vacated. The safety pack consists of a fire blanket a smoke detector and a fire extinguisher.
4. Sharing agreement
Monoma Ireland Limited gives the Resident personal non-assignable permission to share the occupation of the Property during the Licence Period with such other persons as Mosaic World Ireland Limited may nominate from time to time
The Resident shall not assign to any third party his permission to share the Property. The Resident shall not grant to any third party a sub-licence to share the Property.
Monoma Ireland Limited gives the Resident permission to share the occupation of the Living Space with such other persons as Monoma Ireland Limited may from time to time designate, provided that there is always enough Living Space to provide at least one room for each of the Residents who are authorised to share the Living Space. This permission will last for the Licence Period or until Termination of this agreement if that happens before the end of the Licence Period.
Mosaic World Ireland Limited may alter the extent and location of the Living Space within the Property at any time on reasonable notice, provided that there is always enough Living Space to provide at least one room for each of the Residents who are authorised to share the Living Space.
This agreement does not give the Resident a right to use any specific room within the Living Space. It is for the Residents to decide where each Resident is to sleep (subject to the terms of this agreement). However, Monoma Ireland Limited must be kept informed of which room each of the Residents are sleeping in within the Living Space. For example, if Monoma Ireland Limited finds that someone has been smoking in a room, Monoma Ireland Limited needs to be able to identify the person sleeping in that room for reasons of key management and compliance with PSA 28-2013. Within 24 hours of signing this agreement, the Resident must inform Monoma Ireland Limited which room the Resident will be sleeping in. If there is any subsequent change in the room which the Resident is sleeping in at any time, the Resident must inform Monoma Ireland Limited immediately. The Resident will pay for any damage to the room he is sleeping in. Once the Resident has informed Monoma Ireland Limited which room the Resident is sleeping in, the Resident will remain responsible for any damage to that room unless and until he informs Monoma Ireland Limited that he has moved to a different room. From that time, the Resident will become responsible for any damage to the new room. This agreement gives the Resident no right to use any part of the Property other than the Living Space.
5. Licence Fee and Deposit
The Resident shall:
5.1 Pay to Monoma Ireland Limited the Licence Fee in advance on the 1st day of each calendar month for the following calendar month during which this agreement subsists.
5.2 In the event of late payment of the Licence Fee, an additional 10% late payment charge shall be paid by the Resident to Monoma Ireland Limited on all outstanding monies.
5.3 If required by Mosaic World Ireland Limited make payments to Monoma Ireland Limited by banker's order direct debit or credit transfer to a bank account in Ireland nominated by Monoma.
5.4 Pay to Monoma Ireland Limited the Deposit on the date hereof which Monoma Ireland Limited will return no later than three (3) months following vacation of the Property by the Resident at the determination of this agreement subject to deduction of a fair amount to compensate Monoma Ireland Limited for any damage or losses occurring through breach of this agreement.
5.5 Following Termination of this agreement, Monoma Ireland Limited will repay the Damage Security Payment and any part of the Licence Fee that relates to a period following Termination on the following terms:
5.5.1 Repayment is conditional on the Resident returning to Monoma Ireland Limited all keys and all Monoma Ireland Limited property for which the Resident is responsible.
5.5.2 Monoma Ireland Limited will organise an inspection of the Property within two months following the later of the vacation of the Property and the return of all keys by the Resident.
5.5.3 Save for Termination pursuant to clause 7.2 below, within one month after that inspection, Monoma Ireland Limited will make the repayment, but subject to the deduction of any sums due to it under this agreement, and a fair amount to pay for any damage or losses occurring through breach of this agreement.
5.5.4 Where Termination is pursuant to clause 10 below, within 3 months following the later of the vacation of the Property and the return of all keys by the Resident, Monoma Ireland Limited will make the repayment, but subject to the deduction of any sums due to it under this agreement, and a fair amount to pay for any damage or losses occurring through breach of this agreement.
5.6 If the Resident fails to cancel the standing order or direct debit for the payment of the Licence Fee after Termination of this agreement, then Monoma Ireland Limited will repay to the Resident any amounts paid in respect of a period after Termination, but will be entitled to deduct an administration fee of €75.00.
5.7 The amounts debited are variable and will increase each year with an inflation percentage. I understand that Monoma may change the amounts only after giving me prior notice via post or e-mail.
6. Regulations keys and access
6.1 It is hereby expressly acknowledged by the Resident that the keys to the Property have been made available subject to the terms herein and received in good condition
6.2 The Resident is not permitted to use the Property for any trade or business
6.3 The Resident will not do anything to the Property by which the insurance premium payable in respect of it may be increased or the insurance invalidated
6.4 The Resident will not do anything or permit anything to be done at or to the Property which is illegal or immoral or which shall or may be or become a nuisance damage or annoyance to any other occupier of the Property or any neighbouring or adjoining premises
6.5 The Resident will comply with all directions given by Monoma Ireland Limited from time to time as to the use of the Property
6.6 Monoma Ireland Limited shall issue to the Resident one set only of keys to the Property with the Key Identification Numbers referred to in the Particulars
6.7 The Resident shall keep the keys safe at all times and will not: 6.7.1 Allow any third party to have or use any of the keys 6.7.2 Copy any of the keys 6.7.3 Change any of the locks in or to the Property or otherwise cause damage to the same 6.7.4 Add or remove any of the locks in or to the Property or otherwise cause damage to the same
6.8 Adding, changing or removing locks and/or keys without the authorisation of Mosaic World Ireland Limited is gross misconduct
6.9 If the Resident loses a key Monoma Ireland Limited may replace it upon the Resident paying the sum of ten euro (€10)
6.10 Monoma Ireland Limited will retain keys to the Property at all times and may access the Property at its absolute discretion at any time without notice to the Resident
6.11 Monoma Ireland Limited retains the absolute right to allow third parties to access the Property from time to time, including any construction, maintenance or repair workers.
6.12 The Resident shall yield up all keys to the property to Monoma Ireland Limited upon determination and upon written request from Monoma
6.13 The Resident shall not remove or deface any Monoma Ireland Limited sign or document or sticker nor shall the Resident display any other sign or poster or document or sticker without specific authorisation in writing from Mosaic World
6.14 Removing or defacing any Monoma Ireland Limited sign or document or sticker and displaying any other sign or poster or document or sticker without the authorisation of Monoma Ireland Limited is gross misconduct
6.15 Any breach of any part of this clause is Gross Misconduct which entitles Monoma Ireland Limited to terminate this agreement immediately.
6.16 The Resident will not smoke in the Property
6.17 The Resident will not bring a candle on to the Property, or use a candle in the Property.
6.18 The Resident will not bring on to the Property, or use in the Property, any electric or gas heater or cooking device other than: 6.18.1 A portable electric hob with a maximum current demand of 13 amps or less. 6.18.2 A microwave oven. 6.18.3 A portable electric oven, with a maximum current demand of 13 amps or less. 6.18.4 An electric oil filled radiator.
6.19 The Resident will not hold meetings, parties or other similar gatherings in the Property.
6.20 The Resident will not permit any other person (other than other Residents) to stay overnight in the Property.
6.21 The Resident will not invite more than two guests at any one time to visit the Resident at the Property
6.22 The Resident will ensure that guests are not left unsupervised in the property at any time and will always escort guests off the Property when their visit comes to an end.
6.23 The Resident will not allow any former Resident, whose licence has been terminated, access to the Property.
6.24 The Resident will not bring any pets or other animals into the Property without Mosaic World’s prior written consent.
6.25 The Resident will not invite any persons less than 18 years old into the Property. 6.26 The Resident will not bring into the Property any offensive weapon (whether for offensive or defensive purposes).
6.27 The Resident will not bring into the Property any illegal drugs or non-prescribed steroids.
6.28 The Resident will not: 6.28.1 Allow any third party to have or use any key to the Property. 6.28.2 Copy any such key. 6.28.3 Change, remove or damage any existing lock in or to the Property or add any new lock
6.29 The Resident will not assault or insult any person in the Property, but will behave in a civil manner, and will not engage in conduct likely to bring discredit to Monoma, CPML or the Owner.
6.30 The Resident will not use any equipment in the Property which does not belong to the Resident without prior written permission from Monoma.
6.31 The Resident will ensure that all their electrical equipment is maintained so that it is safe, including ensure that it is fitted with appropriate fuses in accordance with the rating of the equipment and the manufacturer’s instructions.
6.32 The Resident will not bring to the Property any electrical equipment which has a maximum current demand of more than 13 amps.
6.33 The Resident will not do anything at the Property which damages or may damage the Property, or anything in the Property, or any premises in the vicinity of the Property, or anything in such premises.
6.34 The Resident will not make any alteration to the Property of any kind, major or minor without Monoma’s prior written consent. This means that the Resident must not (without such consent) decorate the Property, or put nails or pins into walls, or make changes to the electrical, gas, water or other services.
6.35 The Resident will not speak to the media about the Owner, Monoma, CPML, or the Property.
6.36 If the Resident is the last person to leave the Property, they will do their best to ensure that all doors and windows are closed, and all doors to which the Resident has the key are locked.
6.37 The Resident will not cover any smoke detectors in the Property, or remove any battery from a smoke detector.
6.38 The Resident will not prop open the fire door or obstruct fire exits.
6.39 The Resident will not cook anywhere in the Living Space except in that part which Mosaic World Ireland Limited has designated for the time being for that purpose.
6.40 The Resident will not use any part of the Property other than the Living Space.
6.41 The Resident must not do anything at the Property which is illegal or immoral.
6.42 The Resident must not do anything at the Property which is, or may become, a nuisance or annoyance to any other occupier of the Property or any premises in the vicinity of the Property.
6.43 The Resident will not interfere with the access to or use of the Property by the Owner, CPML or Monoma Ireland Limited or anyone acting with their authority.
6.44 The Resident must not do anything as a result of which the insurance premium payable in respect of the Property may be increased or the insurance invalidated.
6.45 If the Resident becomes aware that anyone else is doing something prohibited by this clause, the Resident will inform Monoma Ireland Limited immediately. Ireland Limited or anyone acting with their authority.
6.44 The Resident must not do anything as a result of which the insurance premium payable in respect of the Property may be increased or the insurance invalidated.
6.45 If the Resident becomes aware that anyone else is doing something prohibited by this clause, the Resident will inform Monoma Ireland Limited immediately. Ireland Limited or anyone acting with their authority.
6.44 The Resident must not do anything as a result of which the insurance premium payable in respect of the Property may be increased or the insurance invalidated.
6.45 If the Resident becomes aware that anyone else is doing something prohibited by this clause, the Resident will inform Monoma Ireland Limited immediately.
7. Determination
7.1 Subject to clauses 9 and 10, Determination of this agreement shall be communicated by either party in a Termination Notice as defined below and service shall be effected in accordance with clause 21
7.2 Determination shall normally be communicated by the Licensee to Monoma Ireland Limited in a Termination Notice in writing providing Monoma Ireland Limited with a minimum of 4 weeks notice to terminate this licence
7.3 Exceptionally and subject to clauses 9 and/or 10 immediate determination or determination with less than 4 weeks notice may be required by Monoma
7.4 In circumstances where less than 4 weeks notice is provided by Monoma Ireland Limited and where determination is not linked to misconduct or gross misconduct by the Licensee under clause 9 reasonable compensation not exceeding one 4 week period licence fee may be payable by Monoma Ireland Limited to the Licensee
7.5 Determination of the Licence Agreement is subject to the jurisdiction of the Courts and applicable laws of the Republic of Ireland where this licence is in respect of a Property situated in the Republic of Ireland
7.6 Determination shall normally be identified in a Termination Notice in writing excepting in the case of Gross misconduct when determination shall be immediate with no period of notice
7.7 This agreement will come to an end when the Licence Period expires. It may also come to an end before then in the circumstances described in this clause.
7.8 This agreement will come to an end if Monoma ’s own permission to use the Property is terminated. If that happens, Monoma Ireland Limited will inform the Resident as soon as possible.
7.9 If Monoma Ireland Limited believes that there has been Gross Misconduct, then this agreement may be terminated immediately at any time by Monoma Ireland Limited giving the Resident written notice stating that this agreement is terminated immediately.
7.10 If Monoma Ireland Limited serves notice on the Resident due to Gross Misconduct, but it later turns out that there was not, in fact, Gross Misconduct, then Monoma Ireland Limited will pay the Resident a sum equivalent to one week’s Licence Fee as compensation.
7.11 Monoma Ireland Limited may terminate this agreement immediately under clause 11.4 below, if it is not satisfied with the information provided under clause 11.1
7.12 If Monoma Ireland Limited considers at any time that a Resident is no longer a suitable person to occupy property, Monoma Ireland Limited may terminate agreement giving two week’s notice.
8. Amicable sharing
The Resident shall share the Property amicably and peaceably with such other licensees as Monoma Ireland Limited shall from time to time permit to make use of the Property and shall not interfere with or otherwise obstruct such shared occupation in any way whatsoever. Monoma Ireland Limited may require and direct the Resident in relation to the precise areas of the Property that may be occupied at its discretion at any time.
9. Cleanliness damage alterations and reporting
The Resident:
9.1 Shall keep the interior of the Property clean and tidy
9.2 Shall not cause or permit any damage to or in any way alter the Property or anything in it
9.3 Shall use his best endeavours to ensure that no other person causes any damage to or in any way alters the Property or anything in it and in the event of any such damage or alteration the Resident shall immediately notify Mosaic World
9.4 Shall not remove any goods contents or other items from the Property
9.5 In co-operation with all other licensees sharing occupation of the Property and under the direction of Mosaic World Ireland Limited will ensure that at no times is the Property left vacant
9.6 Shall otherwise use his best endeavours in co-operation with all other licensees sharing occupation of the Property and under the direction of Mosaic World Ireland Limited to ensure that the Property is kept secure and free from damage
9.7 Shall notify Monoma Ireland Limited in relation to all notices and letters received at the Property and of any damage caused to the Property
9.8 Shall comply with any further House Rules as directed by Monoma
10. Misconduct
This licence may be terminated immediately in the event of gross misconduct (as defined at 10.1 below) or there being more than two instances of misconduct (as defined at 10.2 below) or where the Resident is criminally convicted or declared bankrupt
On termination because of misconduct under either 10.1 or 10.2 below the Resident shall vacate the Property and surrender all keys immediately On termination because of misconduct or gross misconduct the Resident shall forfeit the deposit.
If the Resident fails to vacate the Property when asked to do so by Mosaic World Ireland Limited under clause 10 or otherwise Mosaic World Ireland Limited reserves its rights to use further legal measures against the Resident and the Resident hereby indemnifies Mosaic World Ireland Limited for the reasonable costs and expenses of Mosaic World Ireland Limited having to pursue this further action
10.1 Gross misconduct includes but is not restricted to:
10.2 Serious or continued misconduct includes but is not restricted to:
For each and every warning letter or email sent to the Resident by Monoma Ireland Limited for whatever reason the Resident shall pay to Mosaic Monoma Limited the sum of thirty-five euro (€35).
In the event of any dispute (other than a dispute in relation to clause 7.1) between the Resident and Monoma Ireland Limited in relation to an instance of misconduct or any other serious dispute which cannot be resolved by the parties, the Resident agrees to enter into a mediation process suggested by Monoma.
In the event of such a process being unsuccessful for the resolution of that dispute, the dispute will pass to private arbitration unless otherwise directed by Monoma. The provisions of UNCITRAL model law shall apply in respect of such arbitration.
11. Provision of Information
11.1 The Resident will, within 48 hours of signing this agreement, occupy the Property and give Monoma Ireland Limited the following:
11.1.1 a written summary of the Resident’s employment and unemployment history and education;
11.1.2 a full year’s employment reference or satisfactory two years signed personal references vouching for the Resident’s good character;
11.1.3 a passport, driver’s licence, or other satisfactory proof of photographic identity;
11.1.4 a satisfactory proof of current address;
11.1.5 details of any bankruptcy order against the Resident, insolvency proceedings involving the Resident, and any individual voluntary arrangement proposed by the Resident;
11.1.6 a list of all criminal charges, convictions and cautions but excluding motoring offences dealt with in a magistrates court.
11.2 Breach of clause 11.1 is Gross Misconduct.
11.3 Further, breach of clause 11.1 entitles Monoma Ireland Limited to deduct €75.00 from the Damage Security Payment to compensate for its administrative expenses in entering into this agreement.
11.4 If Monoma Ireland Limited considers, having regard to the information provided under clause 11.1, that the Resident would not be a suitable person to occupy the Property, Monoma Ireland Limited may terminate this agreement immediately by giving the Resident written notice stating that this agreement is terminated immediately.
12. Rubbish
The Resident shall ensure that all rubbish is properly disposed of daily
13. Electricity/Heating And Usage
13.1 Residents shall be liable for all electricity and heating costs.
13.2 All Resident’s electrical equipment shall be maintained safely and have a maximum current demand of 13 amps and be fused in accordance with the rating of the equipment and the manufacturer’s instructions.
13.3 Residents shall not alter or arrange or authorise others to alter any electrical installation.
13.4 Failure to observe the above is contrary to this licence and is gross misconduct and may be contrary to Health and Safety legislation.
14. Limitations on visitors
The Resident shall not:
14.1 Hold meetings parties or other similar gatherings in the Property
14.2 Permit any other person (other than other licensees of the Property sharing occupation with the Resident by agreement with Monoma) to stay overnight in the Property
14.3 Invite more than two guests to visit the Resident at the Property
14.4 Bring any pets or other animals into the Property
14.5 Failure to observe these limitations is deemed as gross misconduct
15. Restrictions on Resident contacting Owner
The Resident shall not at any time attempt to contact the Owner Failure to observe this limitation is deemed as gross misconduct
16. Contacting Third Parties
The Resident shall not contact any third party or divulge any information pertaining to Monoma Ireland Limited or the property Owner to any third party including but not restricted to the media Failure to observe this limitation is deemed as gross misconduct
17. Image rights
By signing this licence agreement the Resident gives Monoma Ireland Limited the right to use the Resident’s name and personal photograph for promotional purposes only This right will be available to Monoma Ireland Limited immediately after signing this licence agreement unless prohibited by law
18. Vacation of the Property
18.1 Upon determination of this agreement the Resident shall immediately cease to be entitled to the use of the Property and shall vacate the Property leaving it clean and tidy and shall return the keys to Monoma Ireland Limited immediately
18.2 If following determination of this agreement the Resident shall fail to remove any personal goods or belongings Monoma Ireland Limited shall be entitled to dispose of the same in any manner it thinks fit without being liable to the Resident for any loss or damage caused to the same or any proceeds of sale of the same
18.3 The Resident will pay Monoma’s costs on a full indemnity basis of any proceedings or other steps necessary to deal with any non-payment of the Deposit or Licence Fee or failure to vacate the Property on the termination of this agreement or any other breach of the Resident’s obligations under this agreement including paying a reasonable amount in respect of any time spent by Monoma’s employees in dealing with any such matters
18.4 In the case of gross misconduct the Resident shall vacate the property immediately
18.5 Where the Resident does not vacate the premises within the time notified in the determination or where determination is for gross misconduct the Resident shall forfeit the deposit and shall reimburse Monoma Ireland Limited with all costs incurred in the eviction of the Resident including but not restricted to the securing of the property and guarding of the property and the restoration of the property to a habitable condition
18.6 The Resident shall be responsible for leaving the property clean and tidy on vacating the property and at all other times and shall reimburse Monoma Ireland Limited for all costs incurred for the cleaning of the property and the removal of rubbish and unclaimed items and shall be liable jointly and severally with other Residents for the reimbursement of these costs.
18.7 Should the Resident fail to return the keys within five days of the vacation date the lock to the room and the property front door lock will be replaced and all costs charged to the Resident including the management time of Monoma’s staff to organise the work charged at €75 per hour
18.8 Should the Resident vacating the property transfer to another Monoma Ireland Limited managed property then an administration fee of €75 is payable before occupation of the new property.
18.9 The Resident will not be offered non-exclusive occupation in an alternative property unless all outstanding licence fees are paid up to date.
18.10 It is the Resident’s responsibility to cancel their Standing Order at the end of the licence agreement. Should any funds be overpaid to Mosaic World Ireland Limited due to the non-cancellation of the Standing Order by the Resident then an administration fee of €75 is payable for processing the repayment of these funds.
19. Acknowledgements
19.1 This agreement embodies the entire understanding of the parties relating to the Property and to all the matters dealt with by any of the provisions of this agreement and Monoma Ireland Limited undertakes no obligations to the Resident except those expressly set out in this Agreement. Both parties agree that under section 5 of the Occupiers’ Liability Act 1995 Monoma Ireland Limited hereby restricts its duty to the Resident and any other visitors or third parties who enter the Property. Both parties agree that Monoma’s duty does not extend beyond a duty not to intentionally injure or act in reckless disregard of any Resident or other third party who enters the Property. The Resident accepts that he may be liable as sole or joint occupier under the Occupiers’ Liability Act 1995 for any damage or injury caused to an entrant onto the Property.
19.2 No employee or agent of Monoma Ireland Limited has or had any authority to give any oral or written information about or in relation to the Property or this agreement other than any written information supplied directly to the Resident by Monoma’s solicitors
19.3 In particular and without prejudice to the generality of the foregoing the Resident acknowledges that he has received a copy of this agreement prior to signing it and has had the opportunity of taking legal advice on it and has read and understood it and acknowledges that the Property will be shared with other persons to whom Monoma Ireland Limited grants a licence and that he shall not have exclusive possession of any part of the Property under any circumstances
19.4 The Resident having inspected the Property declares that he finds it in good condition and working order and satisfactory
19.5 Monoma Ireland Limited shall have no liability or responsibility to the Resident for any losses costs claims injuries or damages arising as a result of the theft of any goods or injury or death to the Resident howsoever caused
19.6 No agency or Employer/Employee relationship or Landlord/Tenant relationship is created by this Licence.
20. Non-competition
The Resident agrees with Monoma Ireland Limited that he shall not either on his own account or in conduction with or on behalf of any person or persons whether directly or indirectly for a period of 1 year from the date hereof carry on or be engaged concerned or interested in any business or organisation in competition with Monoma
21. Notices
21.1 In this clause, a “working day” is a weekday which is not a public holiday.
21.2 Any notice given under this Agreement to the Resident may be served in any of the following ways:
21.2.1 By leaving it at the Living Space in an envelope marked with the Resident’s name, in which case it will be deemed served when it is left there.
21.2.2 By sending it by SMS text message to the mobile telephone number set out in the Particulars, in which case it will be deemed served 1 hour after the message is sent.
21.2.3 By sending it by e-mail to the e-mail address set out in the Particulars, in which case it will be deemed served 1 hour after the message is sent.
21.2.4 By sending it in an envelope addressed to the Resident at the Property by pre-paid first class post, in which case it will be deemed served on the working day after it is posted.
21.2.5 If the Resident changes their mobile telephone number or e-mail address, and notifies Monoma Ireland Limited in writing of the new number or e-mail address, then that new number or e-mail address will be treated as substituted for the number or e-mail address set out in the Particulars. Unless and until Monoma Ireland Limited is notified in writing of a new number or e-mail address, Monoma Ireland Limited will be entitled to serve notices on the Resident at the number and e-mail address stated in the Particulars.
21.3 Any notice given under this agreement by the Resident to Monoma Ireland Limited must be sent by email to infoie@Mosaicworld.com or by facsimile transmission to Monoma Ireland Limited at facsimile number 00353 (0)1 686 9414 in either case marked for the attention of the regional manager, or to such other address or facsimile number as is notified in writing from time to time by the Monoma Ireland Limited to the Resident. A notice sent in that way will be deemed served the working day after it is sent. A notice not sent in that way will be deemed not to have been served.
21.4 If the Resident wishes to speak to Mosaic World Ireland Limited for any reason about this agreement, or otherwise in relation to the Property, he should telephone one of the numbers set out in the Resident Guidelines booklet.
22. Health and Safety and Guidance
It is hereby expressly acknowledged by the Resident that the Resident Guidelines booklet and a Health and Safety Risk Assessment for the Property have been provided and read and understood by the Resident. The Resident further acknowledges that the Resident Guidelines induction video has been watched and understood by the Resident. Monoma Ireland Limited may make changes to the Resident Guidelines booklet or induction video from time to time, in which case a copy of the new version will be supplied to the Resident.
23. Security Industry Act (Eire)
It is hereby expressly acknowledged by all parties that the Resident has no security responsibility or authority as defined in The Private Security Services Act 2004. The Resident expressly acknowledges that he/she has only those powers of an ordinary citizen and shall not assume the powers of a security officer or the police or any governmental authority.
24. Other Obligations
24.1 The Resident will use the Living Space as a place for the Resident to live in, and not, without Monoma’s prior written consent, sleep away from the Living Space for more than 2 nights out of any 7. Monoma’s normal practice is to give such written consent when Residents wish to travel, for up to 4 weeks a year, provided that Monoma Ireland Limited is given reasonable advance notice, but Monoma Ireland Limited is under no obligation to give such consent.
24.2 The Resident will do their best to ensure that either they, or at least one other person, are present in the Property for at least one hour in every twenty-four hours.
24.3 If the Resident becomes aware of any damage or risk of damage to the Property, or anything in the Property, they will tell Monoma Ireland Limited immediately.
24.4 If the Resident becomes aware of any person attempting to gain access to the Property without the permission of Monoma, CPML or the Owner, they will notify Monoma Ireland Limited immediately.
24.5 The Resident will not remove anything from the Property, other than things that the Resident brought there.
24.6 If any bills relating to the Property are delivered to the Property, the Resident will forward them to Monoma Ireland Limited within 8 days. If any bill is not forwarded to Monoma Ireland Limited within that time, the Resident will pay a fair share of any late payment charges.
24.7 The Resident will comply with all reasonable directions given by Monoma Ireland Limited from time to time as to the use of the Property by the Resident, including those contained in the Resident Guidelines booklet or the Resident Guidelines induction video as amended from time to time.
24.8 The last Resident in the Property cannot move out until a replacement Resident has been installed.
25. General provisions
25.1 The Resident will not make any representations regarding any planning applications relating to the Property.
25.2 The Resident gives Monoma Ireland Limited the right to use the Resident’s name and personal photograph for its database, identification photo boards within the Property and promotional purposes only, to the extent permitted by law.
25.3 The Resident will notify Monoma Ireland Limited immediately if the Resident ceases to be employed and will not voluntarily remain unemployed for any period in excess of 4 weeks.
25.4 The Resident will not seek to claim housing benefit, job seekers allowance or any related benefit without the prior written consent of Mosaic World.
25.5 If the Resident’s e-mail address or mobile telephone number changes from that set out in the Particulars, the Resident will notify Monoma Ireland Limited immediately. If the Resident does not do so, then any notice sent to the e-mail address or mobile telephone number stated in the Particulars will be deemed validly served, as provided for in clause 21.2 above.
25.6 The Resident will fully indemnify Monoma Ireland Limited and the Owner in respect of any costs or expenses incurred (to be paid on a full indemnity basis), and any losses or claims, as the result of any breach of this agreement. This indemnity will include a reasonable amount in respect of any time spent by their employees or agents in dealing with any such breach at €90 per hour.
25.7 Without limiting the above clause in any way:
25.7.1 If the Resident changes their e-mail address or mobile telephone number, without notifying Monoma Ireland Limited under clause above, the Resident will pay Monoma Ireland Limited an administration fee of €75.00, to reflect the administrative costs to Monoma Ireland Limited in locating and contacting the Resident.
25.7.2 If the Resident commits a breach of this agreement and Monoma Ireland Limitedwrites to the Resident complaining of that breach, the normal charge to the Resident in respect of the cost of investigating the breach and preparing and sending the letter will be €75.00.