Broker and Agent Referral Scheme Terms & Conditions - WorkPad

Broker and Agent Referral Scheme Terms and Conditions 

  1. DEFINITIONS 

In these Terms and Conditions (“Terms”), the following definitions apply: 

  • “Broker” refers to either a broker and/or an agent, as applicable. 
  • “Completed Sale” signifies a sale where (i) the client has satisfactorily completed all required documentation, and (ii) the initial invoices, comprising the first month’s rental and deposit, have been paid in full and received by WorkPad Group 

(“WorkPad” or “the Company”). 

  • “Secured Months” refers to the client’s initially contracted term, up to a maximum of the first 12 months of the agreement term. If the client has a break within this 12-month period, the Secured Months will be considered up to that point. 
  • “Introduction” refers to the referral of a Prospective Client by a Broker to WorkPad Group, which may lead to a Completed Sale. 
  • “Prospective Client” refers to a potential client referred by a Broker for the 

Company’s products and services. 

  • “Qualifying Referral” refers to a Prospective Client that meets the specified criteria for Commission or Additional Commission, as outlined in these Terms. 
  • “New Product Agreement” refers to a contractual agreement between WorkPad Group and a client for the provision of office, virtual office, membership, or co-working services.
  • “Traditional Lease” refers to a standard lease agreement for office space, not falling under the scope of these Terms unless explicitly specified as managed. 
  • “Provider” refers to WorkPad Group and affiliated companies, responsible for processing referrals and payments as outlined in these Terms. 
  1. INTRODUCTION 

1.1 These Terms and Conditions apply to the products and services offered by WorkPad Group and its affiliated companies, excluding traditional lease agreements unless explicitly specified as managed. In the event of an Introduction for a lease, the Broker/Agent must be retained by their client unless otherwise specified in writing. For clarification, broker fees are not paid in the event an Introduction results in a traditional lease that WorkPad Group or affiliated partners are advertising. 

1.2 By submitting any referral to WorkPad Group, you indicate your acceptance of these Terms. WorkPad reserves the right to amend or terminate these Terms at any time without prior notice. 

1.3 The Broker/Agent Referral Program is exclusively designed for commercial Real Estate Brokers/Agents. 

  1. BROKERAGE FEES 

2.1 WorkPad Group will compensate a Broker for referring new clients to specific properties that result in a Completed Sale. 

2.2 Following a Completed Sale, WorkPad Group will pay the Broker 10% of the monthly office fee for Office, Virtual Office, and Membership products, multiplied by the number of Secured Months covered by the initial agreement (“Commission”) capped at a maximum of 12 calendar months. 

2.3 If, during the first 12 months of the agreement (the “Initial Term”), a client expands their presence with WorkPad Group, the Broker will receive a 10% commission on the uplift value of the monthly fee for the remaining part of the Initial Term, upon receipt of a valid invoice. This additional commission applies to the uplift only and not the Commission itself (“Additional Commission”). 

2.4 When an agreement includes an optional break, Commission will be paid for the Secured Months up to and including the break date. After the break date, if the client remains with WorkPad Group, Commission will be paid for the remaining Secured Months, up to a maximum of 12 months from the start of the contract. Cancellation and re-signing of agreements by a client will not qualify as a new initial 12-month term. 

2.5 Subject to clause 2.9 below if we are required to pay to a Broker an amount exceeding £20,000 excluding VAT in relation to any single Completed Sale (in respect of Commission and any Additional Commission, in aggregate) the payment of the commission shall be made over 2 consecutive months. 

2.6 If any amount we are required to pay to a Broker an amount exceeding £50,000 excluding VAT in relation to any single Completed Sale (in respect of Commission and any Additional Commission, in aggregate) the payment of the commission shall be made over 3 consecutive months. 

2.7 All payments will be made by Bank Transfer with a minimum invoice period of 30 days. 

2.8 If a Commission and any Additional Commission has been paid and a client defaults during the agreed term, we will be entitled to recoup the prorated Commission and any Additional Commission for the period in which the client is in default. This can be done via a request for a credit note. If there are other invoices outstanding to the Broker that exceed the credit note, the credit note will be offset against these invoices. If the outstanding invoices do not exceed the credit note, the Broker shall promptly repay such sums. 

2.9 Any dispute arising pursuant to these Terms and Conditions is interpreted and enforced in accordance with the law of the place where the relevant centre is located. WorkPad Group and the Broker both accept the exclusive jurisdiction of the courts of such jurisdiction. If any provision of these Terms and Conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force. 

2.10 Any Brokerage Fee will be capped at a maximum of £100,000+vat. 

  1. REFERRAL SUBMISSIONS 

3.1 To qualify for Commission or Additional Commission (if applicable) on a Completed Sale, every referral must be submitted to enquiries@workpad.co.uk 

3.2 A referral is considered accepted only when a WorkPad Group Team Member confirms it. Ownership of the referral transfers to the Broker once an initial viewing is secured and completed by the Broker. The Ownership of the Prospective Client and Qualifying Referral is on a property basis only. 

3.3 Ownership of the referral may be overturned in the following cases: 

  • (a) If another Broker secures and completes an earlier initial viewing of what is substantially the same opportunity, ownership transfers to that Broker. 
  • (b) If no contact is made between the Broker and WorkPad Group regarding the referral for a period of 3 months, ownership transfers to the Provider. 
  • (c) If another Broker secures and completes an viewing at a differing property that converts to a Completed Sale. 
  1. LIABILITY FOR LANDLORD FEES 

WorkPad Group shall not assume liability for any fees when acting on behalf of a landlord with whom the referral has a direct contractual relationship. 

  1. BROKER INFORMATION REQUIREMENTS 

A Broker must provide WorkPad Group Sales Representative with the following details in respect of each Prospective Client via the email address enquiries@workpad.co.uk (or such other email address as notified by WorkPad Group by email from time to time, including a single email address for Prospective Clients for WorkPad Group): 

  • At least two of the following: trading name/individual’s name, entity name as applicable, and email address. 
  1. ADDITIONAL INFORMATION REQUIRED 

In addition, the Broker shall provide the following details for each Prospective Client: Description of the business. 

  • Number of desks required. 
  • Estimated budget, term length, and occupation date considered by the 

Prospective Client. 

  • Proposed purpose for occupying the Space. 
  • Confirmation that the Prospective Client has consented to the Introduction. Any additional information requested by WorkPad Group Sales Representative from time to time. 
  1. QUALIFYING REFERRAL CRITERIA 

Subject to WorkPad Group’s sole discretion, a Prospective Client shall not be considered a Qualifying Referral if they meet any of the following conditions: 

  • They have been the subject of a previous Introduction Request. 
  • They have an existing contractual relationship with WorkPad Group. 
  • They have received a tour, demonstration, or presentation of a Space (or related services) within the twelve (12) week period before the Introduction Request. 
  • They have previously been a Member within the last 12 months or are an Affiliate of a Member. 
  • They are currently employed or engaged by WorkPad Group. 
  • They have not completed a viewing and are subsequently referred by another broker. For clarification, the secondary broker who completes the viewing will be eligible for Commission. 
  1. TERM AND TERMINATION 

8.1 This Agreement commenced on the 1st October 2023. By continuing to send Introduction Requests or progressing negotiations for a New Product Agreement in respect of the WorkPad Group Portfolio on or after the 1st October, you shall be deemed to have accepted these terms. The Agreement shall continue thereafter unless terminated earlier by either party giving the other party ninety (90) days’ written notice to terminate. 

8.2 Notwithstanding the foregoing, WorkPad Group may, at its sole discretion, terminate this Agreement on notice with immediate effect if: 

  • The Broker becomes insolvent, bankrupt, goes into liquidation, or becomes unable to pay debts as they fall due. 
  • The Broker suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business. 
  • The Broker breaches a material term of this Agreement or a breach is deemed reasonably likely to occur by WorkPad Group. 
  • The Broker is in breach of its obligations under this Agreement. 
  • At any other time, WorkPad Group, in its reasonable discretion, deems fit. 

8.3 The confidentiality provisions of this Agreement shall continue in full force following such termination. 

  1. NO PARTNERSHIP OR AGENCY 

Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. 

If you have any questions, please contact the Broker & Agent Relationships team via email at enquiries@workpad.co.uk