Virtual Office Contract - Template, Sample Form Online Pro · EN-CA-law
✓ Valid in Canada (English) · drafted to comply with local law
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VIRTUAL OFFICE LEASE AGREEMENT
Governing Province: ________
Effective Date: ________
RECITALS
This Virtual Office Lease Agreement (the "Agreement") is made and entered into as of ________ (the "Effective Date") by and between:
THE PROVIDER – ________, a corporation incorporated under the laws of ________, bearing business/corporate registration number ________, having its principal place of business at:
________
E-mail: ________
AND
THE CLIENT – ________, a corporation incorporated under the laws of ________, bearing business/corporate registration number ________, having its principal place of business at:
________
E-mail: ________
The Provider and the Client are each referred to individually as a "Party" and collectively as the "Parties". In consideration of the mutual covenants set out herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Article I – LICENCE OF VIRTUAL OFFICE AND SERVICES
§ 1.1 The Provider hereby grants to the Client, and the Client accepts, a non-exclusive licence to use the virtual office and the associated services described in this Agreement at the following address (the "Virtual Office"):
________
§ 1.2 The Client may use the Virtual Office for the following purposes:
(a) as a registered business address;
(b) to receive mail;
(c) to receive telephone calls through an answering service;
(d) for use of a conference room, subject to an additional fee;
(e) for use of a private office, subject to an additional fee; and
(f) as general virtual office space.
§ 1.3 The Parties may agree on specific or additional usage by written notice in the form of an addendum to this Agreement. Notice given by electronic mail shall be sufficient for such purpose.
Article II – USE OF BUSINESS ADDRESS
§ 2.1 The Client may use the Virtual Office as its business address on its business cards, marketing materials, website and other business documents.
§ 2.2 The Client acknowledges and agrees that this Agreement creates a contractual licence only, that it confers no estate, freehold, leasehold, or other proprietary or possessory interest in the Virtual Office or in any real property of the Provider, and that the relationship of landlord and tenant does not arise hereunder.
§ 2.3 The Client shall not represent, expressly or by implication, that it owns or holds any tenancy of the premises, and shall comply with all applicable corporate registration and business-name requirements in connection with its use of the address.
Article III – MAIL PROCESSING
§ 3.1 The Client's use of the Virtual Office includes mail processing services. The Client authorizes the Provider to act as its agent solely for the limited purpose of receiving mail on the Client's behalf.
§ 3.2 The Client shall complete and submit any forms, authorizations or declarations required by Canada Post Corporation, the Canada Border Services Agency, or any courier, before mail-handling services commence. The Provider shall bear no responsibility for any inability to receive mail where such forms have not been completed.
§ 3.3 The Client may, where the Provider offers such options, request that mail be forwarded or scanned, and shall bear the cost of forwarding, scanning, supplies, postage and other incidental expenses.
§ 3.4 The Client may request that mail be read or reviewed, which may attract additional administrative charges.
§ 3.5 The Provider shall not be liable for the non-delivery, loss, delay or misdelivery of the Client's mail save to the extent caused by the Provider's gross negligence or wilful misconduct.
§ 3.6 The Provider shall accept only lawful mail on behalf of the Client, and the Client is solely responsible for ensuring that all mail complies with applicable customs and postal rules and regulations.
§ 3.7 Upon expiry or termination of this Agreement, the Client shall make arrangements with the Provider for the forwarding of any remaining mail, which may attract an additional charge.
Article IV – CALL ANSWERING SERVICE
§ 4.1 The Provider shall provide a telephone answering service during its normal business hours.
§ 4.2 The Client shall be assigned a dedicated telephone number for business use and access to a voicemail box for the retrieval of messages.
§ 4.3 The Client may elect to have calls forwarded within Canada only.
§ 4.4 The Client acknowledges and agrees that it acquires no ownership or proprietary interest in any telephone number used in connection with the Provider's services.
Article V – COMMON WORKSPACE
§ 5.1 Use of shared workspace is subject to an additional charge, of which the Client will be notified at the time of booking, and is allocated on a first-come, first-served basis.
§ 5.2 The Client shall use the shared workspace exclusively for legitimate business purposes and shall not act in any manner that is unlawful, dangerous, offensive, or detrimental to the Provider, its employees, or its other clients, and shall conduct itself so as to permit other clients to use and enjoy the workspace without disturbance.
§ 5.3 The Client shall comply with all reasonable rules and regulations issued by the Provider in respect of the common workspace.
Article VI – CONFERENCE ROOM RENTALS
§ 6.1 Conference room use is subject to an additional fee, of which the Client will be notified at the time of booking, and is allocated on a first-come, first-served basis. The Client shall use the conference room exclusively for legitimate business purposes.
§ 6.2 The Client is responsible for the conduct of its guests and shall ensure that they behave in a professional manner. Where a guest acts contrary to this Agreement or to any posted rules, the Provider may suspend or terminate the relevant booking and, in the case of a material breach, this Agreement.
Article VII – PRIVATE OFFICE RENTAL
§ 7.1 Private office use is subject to an additional fee, of which the Client will be notified at the time of booking, and is allocated on a first-come, first-served basis. The Client shall use the private office exclusively for legitimate business purposes and shall comply with any additional rules and regulations that may apply.
Article VIII – STORAGE
§ 8.1 The Client shall not store personal or business property within the Virtual Office or the Provider's premises except as expressly authorized in writing. The Provider shall not be responsible for any loss of or damage to property left on its premises.
Article IX – TERM AND RENEWAL
§ 9.1 This Agreement shall commence on the Effective Date and shall continue for an initial term of ________ (the "Term").
§ 9.2 Upon expiry of the Term, this Agreement shall automatically renew for successive periods of equal duration unless terminated by either Party in accordance with Article X.
Article X – TERMINATION
§ 10.1 Either Party may terminate this Agreement effective at the end of the then-current Term by giving the other Party not less than thirty (30) days' prior written notice.
§ 10.2 Either Party may terminate this Agreement with immediate effect by written notice where the other Party:
(a) commits a material breach of any term of this Agreement which is incapable of remedy, or which is capable of remedy but is not remedied within fourteen (14) days after written notice requiring its remedy;
(b) becomes unable to perform its obligations hereunder, including any payment or performance obligation, or becomes insolvent, bankrupt, or subject to any proceeding under applicable insolvency legislation; or
(c) by itself, its employees or agents, engages in conduct materially detrimental to the business or reputation of the other Party, or where a conflict or potential conflict of interest arises between the Parties.
§ 10.3 Upon termination, the Client shall pay all rental fees and other charges accrued to the date of termination, irrespective of which Party terminated or the reason therefor; provided that the Client shall be relieved of the obligation to pay for any services the Provider ceases to provide.
§ 10.4 Termination shall not affect any rights, liabilities, or remedies of either Party accruing prior to termination, nor any provision that by its nature is intended to survive termination.
Article XI – RENTAL FEES
§ 11.1 The Client shall pay to the Provider, for each ________, the amount of ________ ($________), plus all applicable taxes, including Goods and Services Tax / Harmonized Sales Tax and any applicable provincial sales tax.
§ 11.2 Rental fees shall be paid by the following accepted means:
________
§ 11.3 Payments shall be delivered to the Provider at the following address:
________
§ 11.4 The first payment under this Agreement is due on ________. Holidays, special events and weekends shall not relieve the Client of its obligation to make timely payment.
§ 11.5 The following additional charges may apply:
________
§ 11.6 Where the Client fails to pay any amount when due, the following late charges shall apply, to the extent permitted by applicable law (including the limit on interest under section 347 of the Criminal Code (Canada)):
________
Article XII – SECURITY DEPOSIT
§ 12.1 On execution of this Agreement, the Client shall pay to the Provider a security deposit of ________ ($________), to be held by the Provider as security for the performance of the Client's obligations.
§ 12.2 The Provider may apply the deposit against any unpaid rental fees, charges, or amounts due for loss or damage upon expiry, termination, or default. Any unapplied balance shall be returned to the Client within ________ days following expiry or termination of this Agreement.
Article XIII – LIMITATION OF LIABILITY
§ 13.2 In no event shall the Provider's total aggregate liability arising out of or related to this Agreement exceed the total amount of rental fees paid by the Client to the Provider during the Term. The Client acknowledges that the limitations in this Article are a fundamental element of the basis of the bargain between the Parties.
§ 13.3 Nothing in this Agreement excludes or limits liability for fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
Article XIV – INDEMNIFICATION
Article XV – ADDITIONAL TERMS AND CONDITIONS
§ 15.1 This Agreement incorporates by reference the following additional terms and conditions made available online:
________
§ 15.2 In the event of conflict between such additional terms and the express provisions of this Agreement, the express provisions of this Agreement shall prevail.
Article XVI – PRIVACY AND PERSONAL INFORMATION
§ 16.1 Each Party shall collect, use, disclose and protect personal information in compliance with the Personal Information Protection and Electronic Documents Act (Canada) and any applicable provincial privacy legislation.
§ 16.2 The Client consents to the Provider's collection and use of personal information as reasonably necessary to provide the services under this Agreement.
Article XVII – GENERAL PROVISIONS
§ 17.1 GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein. The Parties irrevocably attorn to the exclusive jurisdiction of the courts of that Province, sitting in the judicial district of ________. This jurisdiction and venue provision is mandatory and not permissive.
§ 17.2 LANGUAGE. The Parties confirm that they have requested that this Agreement and all related documents be drawn up in the English language.
§ 17.3 ASSIGNMENT. The Client shall not assign, sell, sublicense, charge or otherwise transfer this Agreement or any rights hereunder, in whole or in part, without the prior written consent of the Provider.
§ 17.4 ENTIRE AGREEMENT. This Agreement, together with its addenda and the incorporated terms, constitutes the entire agreement between the Parties and supersedes all prior agreements, representations and understandings, whether written or oral.
§ 17.5 AMENDMENTS. No amendment to this Agreement shall be effective unless made in writing and signed by, or on behalf of, both Parties.
§ 17.6 NO WAIVER. No failure or delay by either Party in exercising any right shall operate as a waiver. A waiver shall be effective only if in writing, and a waiver of any breach shall not constitute a waiver of any subsequent breach.
§ 17.7 SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect.
§ 17.8 HEADINGS. Headings are for convenience only and shall not affect the interpretation of this Agreement.
§ 17.9 FORCE MAJEURE. Neither Party shall be liable for any failure or delay in performance (other than the obligation to pay money) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, governmental or military action, civil unrest, labour disputes, or failure of utilities or telecommunications.
§ 17.10 NOTICES. Any notice under this Agreement shall be in writing and sent by electronic mail to the address of the relevant Party set out at the head of this Agreement, or to such other address as a Party may notify from time to time. A notice so sent shall be deemed received on the next business day following dispatch, provided that dispatch and confirmation of transmission can be shown.
§ 17.11 SURVIVAL. The provisions of Articles XII, XIII, XIV, XVI and XVII, and any other provision intended to survive, shall continue in effect notwithstanding the expiry or termination of this Agreement.
§ 17.12 COUNTERPARTS. This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
EXECUTION
IN WITNESS WHEREOF the Parties have duly executed this Agreement as of the Effective Date.
PROVIDER
Business Name: ________
Representative Name: ________
Representative Title: ________
Signature: _________________________
Date: ________
CLIENT
Business Name: ________
Representative Name: ________
Representative Title: ________
Signature: _________________________
Date: ________
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