Please read these Terms and Conditions (“Terms”) thoroughly, as they are a legally binding agreement between our “Hosts” (you, your business, employees and subcontractors) and Oya Space Ltd (“Us”, “We” and “Our”) that govern your use of the Oya website, applications and other offerings from Oya (collectively, the “Oya Platform” or “Platform”), your relationship with Food Vendors, and commercial spaces (the “Premises”) that are made available on the Oya Platform.
The Oya Platform is an online website which allows users (“Hosts” and “Food Vendors”) to list, search, view, book and manage Premises. Hosts are users who have Premises which Food Vendors can use/ occupy for the purposes of the “Food Vendor Services”. Food Vendors are users who will use/ occupy the Premises under a Booking. Oya does not own any “Premises Listings”, nor are we party to any Bookings entered into directly between Hosts and Food Vendors.
By signing up for, or otherwise using the Oya Platform, You agree to be bound by these Terms. We may, in future, make changes to these Terms and your continued use of the Platform following these changes will constitute your agreement of the changes. We will alert You about any changes by updating the 'Last updated' date of these Terms, and You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. If You do not agree to these Terms, then You must discontinue your use of the Oya Platform and delete your account in accordance with clause 10.
For the purpose of these Terms and Conditions, the following definitions shall apply;
1. Premises: a commercial space owned or managed by the Host where the Host is willing to grant a Booking to a Food Vendor to facilitate the Food Vendor Services.
2. Premises Listing: the listing on www.oya.co.uk created by the Host that specifies the information of the Premises.
3. Contributions: the content which the Oya Platform enables You to provide.
4. Hosts: those who offer Premises to Food Vendors.
5. Food Vendors: those who will occupy Premises under a Booking.
6. Booking: a Licence to Occupy, Lease or other agreement entered into between the Host and a Food Vendor in respect of the Premises and for the purpose of the Food Vendor Services.
7. Oya Managed Booking: a type of Booking which includes the Services specified in Schedule 1 and allows the Host to pay the Oya Fees in multiple instalments.
8. Self Managed Booking: a type of Booking which includes the Services specified in Schedule 1 and allows the Host to pay the Oya Fees in one instalment.
9. Licence Fee: the charges payable by the Food Vendor to the Host for the use of the Premises.
10. Oya Fee: the charges payable by the Host for the supply of the Services by Oya, as set out in Schedule 1.
11. Residency Option: Premises with dine-in customers and where food can be sold from the Food Vendor to such customers within that Premises.
12. Dine-in Sales: income generated from sales of food through a Residency Option.
13. Revenue Share : commission paid from the Food Vendor to the Host in relation to any Dine-in Sales as agreed from time to time between the Food Vendor and the Host.
14. Services: the services to be provided by Oya, as described in Schedule 1.
15. Food Vendor Services: the cooking and food supply of delivery services, kitchen residencies and production kitchens by the Food Vendor.
16. Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.
2.1 You must be at least 18 years old and legally capable of entering into binding contracts to use the Oya Platform.
2.2 You must provide accurate, current and complete information when creating your account and update such information as necessary.
2.3 You are responsible for maintaining the confidentiality of your login credentials.
2.4 Although we have no obligation to monitor any Premises Listings, we shall have the right to remove or edit any Premises Listings, at any time without notice if in our reasonable opinion we consider such Premises Listing harmful or in breach of these Legal Terms. If we remove or edit any such Premises Listings, we may also suspend or disable your account and report You to the authorities.
2.5 You may not access the Oya Platform for any purpose other than that for which we make available. The Oya Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Oya Platform, You agree not to:
(a) systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(b) copy, scrape or reverse engineer the Platform, nor copy software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
(c) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
(d) upload content that is illegal, defamatory, infringing, or otherwise objectionable;
(e) circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content on the Platform;
(f) use the Platform in a manner inconsistent with any applicable laws or regulations;
(g) interfere with the security or proper functioning of the Platform, nor upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
(h) engage in unauthorised framing of or linking to the Platform;
(i) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(j) delete the copyright or other proprietary rights notice from any content or Premises Listings;
(k) attempt to impersonate another user or person or use the username of another user;
(l) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms');
(m) interfere with, disrupt, or create an undue burden on the Platform or the connected networks or services;
(n) attempt to bypass any measures of the Platform designed to prevent or restrict access to or any portion of the Platform;
(o) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorised script or other software;
(p) make any unauthorised use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
(q) use the Platform as part of any effort to compete with us or otherwise use the Platform for any revenue-generating endeavour or commercial enterprise.
3.1 We shall supply the Services to the Host from the date on which these Terms and Conditions were agreed to.
3.2 In supplying the Services, we shall:
(a) perform the Services with reasonable care and skill;
(b) use reasonable endeavours to perform the Services set out in Schedule 1;
(c) appoint various personnel for the Services who shall have authority to contractually bind Oya on all matters relating to the Services; and
(d) observe all reasonable health and safety rules and regulations and security requirements that apply at any of the Premises, and which have been communicated to us, provided that Oya shall not be liable, as a result of such observation, it is in breach of any of its obligations.
4.1 The Host shall:
(a) co-operate with us in all matters relating to the Services;
(b) appoint a main contact. That person shall have the authority to liaise with us on all matters relating to the Services;
(c) provide to Oya in a timely manner all documents and such information required or otherwise reasonably required by us in connection with the Services;
(d) provide to Oya all information required to create a Premises Listing and update the Premises Listing with new information when necessary;
(e) inform us of all health and safety and security requirements that apply at the Premises;
(f) obtain and maintain all necessary licences and consents and comply with all relevant legislation as required to enable us to provide the Services;
(g) allow us in a timely manner and at no charge, access to the Premises and other facilities as and when required;
(h) treat Oya and its employees with dignity and respect at all times;
(i) inform us of any plans it may have to undertake work to the Premises in the 24 months following the Services Start Date;
(j) confirm working hours and availability of the Premises;
(k) provide satisfactory confirmation that You have permission to offer the Premises for Booking;
(l) provide confirmation (if You are not the owner of the Premises) that the overarching lease in respect of the Premises is longer than the length of any Booking they sign with a Food Vendor;
(m) provide feedback in respect of any site viewings and offers made in respect of any Premises, within 48 hours;
(n) if the Premises is occupied under a Residency Option, agree to a regular monthly check in with Oya either in person or on the telephone, at an agreed date and time;
(o) have no engagement with any potential Food Vendors (whether directly or indirectly) until our Terms and Conditions have been accepted.
4.2 If our performance of our obligations (including the Services) are prevented or delayed by any act or omission by You then we shall be allowed an extension of time to perform its obligations equal to the delay caused by the Host, and Oya shall:
(a) not be liable for any costs, charges or losses sustained or incurred by the Host that arise directly or indirectly from such prevention or delay;
(b) be entitled to payment of the Oya Fees despite any such prevention or delay; and
(c) be entitled to recover any reasonable additional costs, charges, or losses Oya sustains or incurs that arise directly or indirectly from such prevention or delay.
5.1 You shall not, without the prior written consent of Oya, at any time whilst your account is live, the Premises Listing is either live or booked, and for a period of 36 months after termination (by either party) of these Terms:
(a) solicit, employ or attempt to employ any person who is, or has been, engaged as an employee, consultant, or subcontractor of Oya; or
(b) deal with or seek the custom of any person that is, or was within the previous 24 months, a client, customer or supplier of Oya.
5.2 Where a Food Vendor is introduced to you, You shall not, in any way, attempt to directly or indirectly do anything to divert, restrict, eliminate, re-direct, or otherwise reduce, limit or circumvent Oya, the Services or Oya Fees set out in these Terms.
5.3 Where we have introduced a Food Vendor to you, and You wish to enter into an additional or further Booking at the same, another or additional Premises, then the Host and Food Vendor will be subject to these Terms and Oya Fees.
5.4 Should a Premises be sold but You and/ or the Food Vendor wish for the Food Vendor to remain in the Premises, the Booking is required to be reassigned to the new Host and shall be subject to these Terms and Oya Fees.
5.5 If You are found to be in breach of this clause, Oya will, at our discretion, allow the Booking to be engaged as an Oya Managed Booking via Oya and the Oya Fees will be charged monthly in accordance with clause 7 of these terms. If the Booking cannot be engaged as an Oya Managed Booking, You agree for the Booking to be engaged as a Self Managed Booking via Oya and the Oya Fees will be charged immediately in accordance with clause 6 of these terms. Oya reserves the right to charge the highest amount of Oya Fees due in accordance with Schedule 1, plus a penalty charge of £2,000 + VAT and all invoices must be cleared in Oya’s bank account within 7 days of receipt.
6.1 We shall retain ownership of all Oya’s IPRs found in our Services, including but not limited to patents, copyright, trademarks, software, trade dress and all other intellectual property rights, whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
6.2 Parts of the Oya Platform may invite You to chat, contribute to, provide or share feedback, or participate in blogs and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (“Contribution(s)”).
6.3 When You create or make available any Contributions or Premises Listing, You thereby represent and warrant that:
(a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
(b) You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by Oya and these Terms;
(c) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms;
(d) Your Contributions are not false, inaccurate, or misleading;
(e) Your Contributions do not violate any applicable law, regulation, or rule, or the privacy or publicity rights of any third party nor violate, or link to material that violates, any provision of these Terms.
6.4 You acknowledge that by submitting a Premises Listing or Contribution in whatever form and through whatever means You agree to assign to Oya, all intellectual property rights to such submission. You grant Oya a worldwide, non-exclusive, royalty free licence to use, reproduce, distribute and display such content in connection with the Oya Platform. You agree that we shall own this submission without acknowledgement or compensation to you.
7.1 Oya Fees. You agree to pay Oya the Oya Fees in accordance with this clause 7 and Schedule 1.
(a) Once a Booking is confirmed, a Licence to Occupy, Lease, Letter of Intent or other agreement is signed and/or accepted, You agree to pay Oya the Oya Fees.
(b) All amounts payable by the Host are net of value added tax (VAT), which the Host shall additionally be liable for, at the prevailing rate, subject to receipt of a valid VAT invoice.
(c) The Oya Fees shall not be altered or re-negotiated unless agreed and managed in writing by us.
(i) If, at any time, the Host and a Food Vendor decide that they wish to make a reduction in any monthly Licence Fees, they must first inform Oya and involve Oya in all such negotiations. Should any Licence Fee reduction be agreed amongst the parties, the Oya Fees payable shall not be altered or reduced.
(ii) If, at any time, the Host and a Food Vendor decide that the wish to increase any monthly Licence Fee under a Licence to Occupy, they must first inform Oya and involve Oya in all such negotiations and any Oya Fees payable to Oya shall increase accordingly with any such increase.
(d) For Oya Managed Bookings, the Host shall become liable for the Oya Fees once a Booking is confirmed, a Licence to Occupy, Lease, Letter of Intent or other agreement is signed and/or accepted. We will submit invoices for the Oya Fees plus VAT to the Host monthly in advance. The Host shall pay each invoice due, immediately upon receipt, to our bank account.
(e) For Self Managed Bookings, the Host shall become liable for the Oya Fees once a Booking is confirmed, a Licence to Occupy, Lease, Letter of Intent or other agreement is signed and/or accepted. We will submit one invoice for the Oya Fee plus VAT to the Host once the Booking has been accepted. The Host shall pay that invoice due, immediately upon receipt, to our bank account.
(f) If You fail to make any payment due to Oya by the due date for payment, then, without limiting Oya's remedies under 9 (Termination):
(i) You shall pay interest on the overdue sum from the due date until payment is made. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
(ii) Oya may suspend all Services until payment has been made in full.
(g) Should an Oya Managed Booking between the Host and a Food Vendor be terminated due to the fault of the Host, any fees due to Oya for the duration of the original Booking are still deemed payable in full, and will be invoiced for accordingly at the termination date.
(h) Should an Oya Managed Booking between the Host and a Food Vendor be terminated by mutual agreement outside of a specific break clause, any fees due to Oya for the duration of the original Booking are still deemed payable in full, and will be invoiced for accordingly at the termination date.
7.2 Licence Fees.
(a) Deposits. Oya may hold a Deposit and Cleaning Deposit for the duration of the Booking, in accordance with Schedule 1. Oya will return the Food Vendor Deposit and the Cleaning Deposit in full to the Food Vendor within 14 days of termination of the Booking, subject to the following circumstances in which case, an amount equal to any costs incurred by Oya, will be deducted from either the Food Vendor Deposit and/or the Cleaning Deposit:
(a) a material breach of any term in the Licence to Occupy;
(b) any damage or negligence to any kitchen equipment;
(c) if a deep clean of the Premises is required;
(d) in the event that the Food Vendor loses or damages any keys or fobs;
(e) if any equipment is taken from check in and check out;
(f) if the Food Vendor has not disposed of all equipment or waste from the Premises
(g) outstanding Oya fees due from Food Vendor and Host
(h) outstanding Licence Fees.
8.1 The Host and Food Vendor may choose a Residency Option, in which case the provisions of this clause 8 shall apply.
8.2 In the event that a Residency option is used;
(a) any Revenue Share payable by the Food Vendor to the Host shall be agreed separately between the Food Vendor and the Host and Oya shall not be liable towards either party in any way;
(b) all Oya Fees payable to Oya by the Host shall remain unaffected and remain due in accordance with clause 7; and
(c) the Host must provide us with all Dine-in sales figures for any Residency Options on a monthly basis within two weeks of the end of the month, which must also include a breakdown of any Revenue Share paid by the Food Vendor to the Host;
(d) If applicable, You must provide Oya with a breakdown of the previous three months worth of food sales prior to the Residency Option commencing.
9.1 Nothing in this clause 9 shall limit your payment obligations.
9.2 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of;
(a) your Contributions;
(b) use of the Platform;
(c) breach of these Terms;
(d) any breach of your representations and warranties set forth in these Terms;
(e) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(f) any overt harmful act toward any other user of the Services with whom you connected via the Services.
9.3 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
9.4 Nothing in these Terms limit any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.5 Subject to 9.1 and 9.4:
(a) Our liability to You shall not exceed the amount of Oya Fees already paid by You to Oya;
(b) Your total liability to us shall be the aggregate sum of all Oya Fees payable to Oya.
9.6 Subject to 9.1 and 9.4, this 9.6 sets out the types of loss that are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
9.7 We have given commitments as to compliance of the Services with relevant specifications in Schedule 1. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms.
9.8 Unless You notify Oya of your intentions to make a claim in respect of an event within the notice
period, Oya shall have no liability for that event. The notice period for an event shall start on the day on which the Host became, or ought reasonably to have become, aware of the event having occurred and shall expire 2 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
9.9 Oya shall not be liable for any costs, charges or losses sustained or incurred that arise from incorrect or missing information on the Premises listing.
9.10 Oya shall not be liable for any costs, charges or losses sustained or incurred that arise from your failure to fulfil the Host Obligations.
10.1 These Terms shall remain in full effect while you use the Services. You may terminate this agreement by discontinuing your use of the Platform and sending us an email to info@oya.co.uk to delete your account.
10.2 We may terminate this agreement if You breach any of these Terms, which we will do via email and deletion of Your account.
10.3 On termination of this agreement for whatever reason:
(a) You shall immediately pay to Oya all of Oya's outstanding unpaid invoices and interest and, in respect of Services supplied, or due to be supplied within the original term of the Booking, but for which no invoice has been submitted, Oya may submit an invoice, which shall be payable immediately on receipt;
(b) any provision in the Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect; and
(c) any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination shall not be affected;
(d) any of the rights, remedies, obligations or liabilities of the parties in respect of any Licence to Occupy, Lease, Letter of Intent or other agreements that You have entered into with a Food Vendor introduced to You by Oya shall not be affected
11.1 Privacy and Data Protection. Your use of the Oya Platform is also subject to our Privacy Policy, which outlines how we process personal data and can be found at www.oya.co.uk. By using the Oya Platform, you agree to be bound by our Privacy Policy, which is incorporated to these Terms.
11.2 Force majeure. Oya shall not be liable for a delay in performing, or failure to perform, any of its obligations if such delay or failure is caused from events or circumstances beyond its reasonable control, including but not limited to acts of God, epidemics, terrorist attacks, civil war, imposition of sanctions or embargoes, nuclear threat or collapse of buildings and fire.
11.3 Assignment and other dealings. We may assign or delegate these Terms at any time without notice to you. You may not assign or delegate any or all of your obligations without prior written consent from us.
11.4 Confidentiality.
(a) Each party agrees that it shall not at any time disclose to any person any confidential information concerning the business, affairs, clients, or suppliers of the other party except as permitted by this 11.4.
(b) Each party may disclose the other party's confidential information:
(i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this 11.4; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use any other party's confidential information for any purpose other than to perform its obligations.
11.5 Governing law. The Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
11.6 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or its subject matter or formation.
11.7 Changes to Terms and Conditions. We may, in future, make changes to these Terms and your continued use of the Platform following these changes will constitute your agreement of the changes. We will alert You about any changes by updating the 'Last updated' date of these Terms, and You waive any right to receive specific notice of each such change.
12. Disclaimer
12.1 We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Platform. We also reserve the right to modify or discontinue all or part of the Platform or Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Oya Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
12.2 The Platform is provided on an as-is and as-available basis. You agree that your use of the Platform will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any websites or mobile applications linked to the Platform and we will assume no liability or responsibility for any;
(a) errors, mistakes, or inaccuracies of content and materials;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform;
(c) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from the Platform;
(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party;
(f) and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
12.3 Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by use via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
12.4 Oya may assist the Food Vendor and Host with but not limited to the drafting of Licence to Occupy agreements, or financial, VAT and Dine in Sales enquiries. However, neither Oya nor its employees are acting in the capacity of solicitors, accountants, bookkeepers or tax specialists. Oya is not providing legal advice. Any templates provided are for general use only and You are strongly encouraged to seek independent advice before entering into any agreements, or relying upon any guidance.
Schedule 1 Services
This will form the basis of your Booking. Please speak to the team if You are unsure which Booking Type to choose.
You will be required to choose the Booking Type upon creating your Premises Listing. Once the Premises Listing has been approved, there is a 72 hour cooling off period to allow You to change Booking Types. Once the cooling off period has ended, You will incur a fee of £500 + VAT each time You wish to change Booking Types.
Booking Type + Services:
Oya Managed
Spread the Oya Fees into monthly instalments and benefit from the following Services;
- The supply of vetted professional food brands with Food Safety Certificates and insurance;
- The creation of a set of requirements that both the Host and the Food Vendor must adhere to including the negotiation of Licence Fee terms, commercial structure and best practice before Food Vendors enter the Premises;
- The preparation of a Licence to Occupy for every Booking to be entered into between a Host and a Food Vendor;
- Ensuring that all Food Vendors and Hosts have the appropriate documentation and agreements in place in respect of the Food Vendor Services to be provided;
- The secure holding of any Food Vendor deposits;
- The handling of all Licence Fee payments;
- Assistance with menu adjustments, where required, based on sales figures and customer feedback in respect of the Food Vendor Services;
- Provision of marketing support for the Host’s brand and/or Premises;
- The supply of an account manager for ongoing support during the term of a Booking;Assisting with dispute resolution during the term of a Booking;
- Provision of support during any Premises handover; and
- Upon termination of a Booking, the sourcing of another Food Vendor for the Host.
Oya will hold a sum from the Food Vendor determined by the Host or a sum equal to the sum of 1.5 months Licence Fee plus an additional 20% of that monthly Licence Fee that the Food Vendor pays to a Host under a Booking, plus a £500 Cleaning Deposit. This will be returned in accordance with clause 7.
The Host shall pay Oya a monthly fee equal to the sum representing 15% plus VAT of the monthly Licence Fee that the Host receives from a Food Vendor per calendar month or £250 plus VAT per calendar month (whichever is higher) for the duration of this Booking (the “Oya Fee”).
Self Managed
Pay a one off Oya Fee at the start of your booking and deal with the Food Vendor direct. Oya shall provide the following Services;
- The supply of vetted professional food brands with Food Safety Certificates and insurance;
- Provision of marketing support for the Host’s brand and/or Premises;
- Upon termination of a Booking, the sourcing of another Food Vendor for the Host.The Host shall pay Oya a fee equal to the sum representing 10% plus VAT of the total Licence Fee that the Host receives from a Food Vendor for the length of the Booking, or £2,00 plus VAT (whichever is higher) (the “Oya Fee”).