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D ae BM3 - PREFACE - MAIN POST OFFICE@® AGREEMENT (ON SITE) BY A
nr Moeecepeteats NEW OPERATOR AT EXISTING BRANCH PREMISES
This document is only for use where a new operator is being
appointed to operate an existing MAIN format Post Office
branch as a result of a commercial transfer.
I
It is not for use for:
(i) an existing agent converting their existing branch to the
MAIN format; or
(ii) a new operator appointed to operate a MAIN branch at
existing premises where branch was operated as a SPSO
prior to the appointment.
Document list Contracts list
ON SITE / OFF SITE ON SITE (Second Generation)
Mains/Locals Main
Version No. 23
Status CLEARED FOR USE BY Legal
Date O1 October 2020
Comments
06 October 2016 - additional FS regulatory wording requiring the
operator to provide a certificate of its regulatory status on an annual
basis.
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ON SITE MAIN POST OFFICE® AGREEMENT
PREFACE
PARTA
All capitalised terms not defined in this Preface have the meanings given to them in the
Standard Conditions for the Operation of a Main Post Office® Branch (On Site, Post Office
Limited Cash) (the Standard Conditions).
This Preface is part of an Agreement between Post Office Limited and the Operator for the
operation of a Main Post Office Branch (as defined in the Standard Conditions) at the Branch
Premises (as defined below).
The Agreement consists of the following documents:
¢ This Preface and the following Appendices to it:
o Appendix 1 - Equipment
o Appendix 2 - Conditions of Appointment
o Appendix 3 - Plan of Branch Premises
¢ The Standard Conditions
The Manual (as defined in the Standard Conditions)
e The Fees Booklet (as defined in the Standard Conditions)
1. The Agreement is between
(b) «Full_company_name_of_operator_Name_of_P»> (Company No.
«Company_Registration_Number») of «Business_Registered_Address_1>,
«Business_Registered_Address_2», «Business_Registered_Address_3>»,
«Business_Registered_Address_4», «Business_Registered_Post_Code» (the
Operator).
«Full: company _ name_of_operator_Name_of_P» (a partnership) of
jtered_Address_1», «Business_Registered_Address_2>»,
tered_Address_3», «Business_Registered_Address_4»,
«Business _I ;_Registered_Address_5»«Business_Registered_Post_Code» (the
Operator).
cihenbenstesvewieeg
«Proposed_New_Operator_Salutation»
«Proposed_New_Operator_First_Name»
«Proposed_New_Operator_Last_Name» of
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«New_Operator_Mailing_Address_Line_1»,
«New_Operator_Mailing_Address_Line_2»,
«New_Operator_Mailing_Address_Line_3»,
«New_Operator_Mailing_Address_Postcode» (the Operator).
2. The Branch Premises are the premises at: «Branch_Address_1»,
«Branch_Address_2», «Branch_Address_3», «Branch_Address_4»,
«Branch_Address_5», «Branch_Post_Code».
3s The Branch will have the following numbers of Combined Retail Counter Positions
and Dedicated Post Office Counter Positions
) at the Start Date.
Opening Times: The Operator shall operate the Branch at the Branch Premises from:
4.1 the Dedicated Post Office Counter Positions (as defined in Part 1 of the Standard
Conditions), during at least the hours of 9am to 5.30pm Monday to Saturday (inclusive)
but excluding public or statutory holidays; and
4.2. the Combined Retail Counter Positions (as defined in Part 1 of the Standard Conditions),
during the opening hours of the Basic Business which will be at least:
Monday «Proposed_Retail_Monday_Opening_Time»
to «Proposed_Retail_Monday_Closing_Time»
Tuesday «Proposed_Retail_Tuesday_Opening_Time»
to «Proposed_Retail_Tuesday_Closing_Time»
Wednesday
«Proposed_Retail_Wednesday_Opening_Time» to
«Proposed_Retail_Wednesday_Closing_Time»
Thursday
«Proposed_Retail_Thursday_Opening_Time» to
«Proposed_Retail_Thursday_Closing_Time»
Friday «Proposed_Retail_Friday_Opening_Time» to
«Proposed_Retail_Friday_Closing_Time»
Saturday «Proposed_Retail_Saturday_Opening_Time»
to «Proposed_Retail_Saturday_Closing_Time»
Sunday «<NTMAINTLP1__DP8_Sunday_closed1»
«NTM1INTLP1__DP8_Sunday_closed2»
including on any public or statutory holidays on which the Basic Business is open to the
public. The Parties acknowledge that the Products and Services offered from the
Combined Retail Counter Positions will be a reduced set of Products and Services from
those available at the Dedicated Post Office Counter Positions, as determined and
notified to the Operator in writing by Post Office Ltd from time to time.
The opening hours of the Dedicated Post Office Counter Positions and those of the
Combined Retail Counter Positions, detailed in this clause 4 (as varied from time to time
in accordance with the Agreement), are referred to as the Minimum Hours for each
type of Counter Position.
5. The Commencement Date of the Agreement is the date on which this Preface is signed
by Post Office Ltd (as set out below).
The Start Date on which the Operator will in
the operation of the Branch at the Branch Premises will be the date notified in writing
by Post Office Ltd to the Operator (such notice to be given at least I I days prior to the
Start Date) and will not be earlier than insert date (Earliest Start Date) or later than
Ae (Latest Start Date). If Post Office Ltd fails to notify the Operator of the
Start Date then the Latest Start Date shall be deemed to be the Start Date. Any of the
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Earliest Start Date, the Start Date and the Latest Start Date may be amended at any
time by written agreement between the Parties. Where the Operator has not complied
with any of the terms of the Agreement, including any Conditions of Appointment which
are required to be completed before the Start Date, the Start Date may also be
amended or deferred by Post Office Ltd in its absolute discretion and notified in writing
to the Operator at any time.
The Start Date on which the Operator will begin
the operation of the Branch at the Branch Premises will be as determined in accordance
with Part B of this Preface or such other date as may either be agreed in writing between
the Parties at any time or (where the Operator has not complied with any of the terms
of the Agreement, including any Conditions of Appointment which are required to be
completed before the Start Date) be determined by Post Office Ltd in its absolute
discretion and notified in writing to the Operator at any time.
The Basic Business at the Branch Premises is «Primary_retail_offer>.
The Fees
payable by Post Office Ltd to the Operator from the Start Date for the first and second
Accounting Periods (as defined in Part 1 of the Standard Conditions) (calculated with
effect from the Accounting Period within which the Start Date falls), shall be:
First Accounting Period: Variable Fees (pro-rated in the same proportion as the
number of days from the Start Date to the end of the Accounting Period bears to the
total number of days in that Accounting Period);
Second Accounting Period: Variable Fees,
(the First Fees Payments) and thereafter shall be calculated on a strictly “per
Transaction” basis only in accordance with clauses 1.4.1 and 1.4.2 of Part 3 of the
Standard Conditions. Where the Start Date falls within an Accounting Period after Post
Office Ltd's payment cut-off date, the Operator shall not receive the First Fees Payment
for the First Accounting Period until the end of the following Accounting Period.
The Fees payable by Post Office Ltd to the Operator from the Start Date and thereafter
shall be calculated on a strictly "per Transaction" basis only in accordance with clauses
1.4.1 and 1.4.2 of Part 3 of the Standard Conditions.
9. VAT
The Operator's
VAT number is «Registered_VAT_number>.
10. Set Up Costs and Original Conversion Date
For the purposes of clause 3 of Part 3 of the Standard Conditions:
The Set Up Costs are: N/A
The Original Conversion Date is: N/A
11. Termination of the Agreement
Post Office Ltd may terminate the Agreement in accordance with Part B of this Preface
if the condition referred to in that Part is not fulfilled.
12. «Proposed_Operator_continued_mailwork» Mailwork —- The Operator shall provide
Mailwork services from the Branch Premises in accordance with the Mailwork
Specification, which forms part of the Manual.
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12. The performance of the Operator’s obligations under the Agreement must be guaranteed
by guarantors acceptable to Post Office Ltd. The guarantor will usually be a
director or shareholder of the Operator.
13. Warranty and undertaking on third party obligations
13.1 The Operator warrants and represents that on and from the Commencement Date, it
shall have no contractual or other obligations to any third party which would or may
be breached by entering into and/or performing any of its obligations under this
Agreement.
13.2 As acondition of this Agreement, the Operator undertakes to ensure that the
warranties and representations at clause 14.1 are and shall remain true throughout
the term.
14. Regulatory Status
14.1. The Operator warrants and represents that on the Commencement Date, it is not
authorised and regulated by the Financial Conduct Authority or the Prudential
Regulation Authority or an appointed representative or introducer appointed
representative of a firm authorised and regulated by the Financial Conduct Authority
or Prudential Regulation Authority and is not an exempt person within the meaning of
the Financial Services and Markets Act 2000 (FSMA).
14.2 The Operator undertakes to inform Post Office Ltd in accordance with clause 3.6.7 of
Part 2 of the Standard Conditions if it proposes to change its regulatory status, or if
its regulatory status does change, at any time during the term of this Agreement. The
Operator must provide the notice required by this clause at least:
14.2.1 three (3) months before it submits an application for authorisation or
variation of permission, if it intends to become authorised or vary or
cancel its permissions; or
14.2.2 one (1) month before its name appears on the Financial Services
Register, if it intends to become an appointed representative or
introducer appointed representative of another authorised firm.
14.3. On the first anniversary of the Commencement Date and on each subsequent
anniversary of the Commencement Date during the term of this Agreement, the
Operator shall provide Post Office Ltd with a certificate, signed on behalf of the
Operator by a duly authorised signatory, in which the Operator warrants that the
Operator's regulatory status has not changed:
14.3.1 since the Commencement Date; or,
14.3.2 if the Operator has served Post Office Ltd with a notice of a change in its
regulatory status in accordance with clause 14.2 above, since the date
such notice was received by Post Office Ltd.
The certificate shall be sent to the address set out in clause 22.1.1 of Part 2 of the
Standard Conditions.
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PART B
Precondition
11 The Agreement is conditional upon Post Office Ltd confirming to the Operator in writing
in accordance with clause 1.2 below that it is satisfied (following the provision by the
Operator of evidence acceptable to Post Office Ltd) that the Operator has, not later than
4 weeks after the Commencement Date (or by such other date as may be agreed in
writing by the Parties), obtained a Valid Property Interest (as defined in the Standard
Conditions) in the Branch Premises (the Precondition).
1.2 If Post Office Ltd is, at its absolute discretion, satisfied that the Operator has fulfilled
the Precondition, it shall give a written notice to the Operator confirming that the
Operator has fulfilled the Precondition and, subject to clause 6 of Part A of this Preface,
specifying the Start Date. Providing Post Office Ltd does so at least 7 (seven) days in
advance of the Start Date originally notified, Post Office Ltd may postpone the Start
Date by giving written notice to the Operator.
1.3. If Post Office Ltd is not, at its absolute discretion, satisfied that the Operator has fulfilled
the Precondition, Post Office Ltd may terminate the Agreement immediately on written
notice to the Operator.
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The Operator and Post Office Ltd hereby agree to enter into the Agreement as defined
above.
OPERATOR
Either: Signature of Operator (if an
individual)
OR: Signature of Director or partner if a
company or partnership
Typed or Printed Name
Title: Operator/Partner/Director
Date
Signed by
Title: An authorised signatory
Date
POST OFFICE LTD
An authorised signatory
Typed or Printed Name
Title
Date
«Branch_Name_» «Branch_Code»
Second Signature (not required if Operator is an
individual or where the Operator is a single
director company with no separate company
secretary)
Signature of Director/Company Secretary or
partner if a company or partnership
Typed or Printed Name
Title: Director/Company Secretary/Partner
Date
for and on behalf of the Operator
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APPENDIX 1 - EQUIPMENT
Who is responsible for
maintenance of the
Item of Equipment to be loaned by Post Office Ltd to the Operator Equipment?
The
Post Office Ltd Operator
Signage (including internal signage) x
Safes (Main safe) x
Electronic Scales x
Alarms (monitoring and maintenance will be provided by, or on behalf of, Post
Office Ltd during the term of the Agreement only.) x
Bureau de Change Rate Board x
Counter Desking x
Cash Funding Unit (Rollercash/Bidi) x
Horizon x
Secure Counters (including anti-bandit screens and parcel hatches) xX
Secure Doors (where required at the Branch Premises) x
Drop bag Fittings xX
Post & Go (small footprint) x
Coin Cabinets x
Al point of sale frames Xx
Self inking date stamp x
Retention Units x
Branch Consumables (subject to reasonable use) printer rolls and cartridges. x
Name Badges x
Coin Hoppers x
Note Counters x
Pedestals x
Test Weights x
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UV Lights Xx
Hearing Loops x
Flip Top Tills x
Visi-Frames (one per office) xX
A Frames x
Paystation™ Consumables x
Paystation™ terminal x
ATM x
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6 ATM«Post_O1
longer than the unexpired portion of the existing agreement between Post Office Ltd
and the previous operator of the Branch for the operation of the ATM from the Branch
Premises, unless otherwise agreed between Post Office Ltd and the Operator.
APPENDIX 2 - Conditions of Appointment
The Operator shall comply (and in the case of ongoing obligations shall continue
to comply for the duration of the Agreement) at its own expense with the following
conditions of appointment and shall ensure that any works/actions that it is
required to carry out or perform in order to achieve compliance with the relevant
condition of appointment are carried out or performed by the date specified below
for the relevant condition.
POL to insert any conditions of appointment that apply below.
The Operator shall not be in breach of the Agreement, nor liable for any failure
or delay in complying with any condition of appointment by the date specified
above, if the Operator is prevented or delayed from complying with such condition
of appointment by a Force Majeure Event, provided that the Operator must:
31 promptly notify Post Office Ltd in writing of the nature and extent of the
Force Majeure Event together with any additional information as Post
Office Ltd may reasonably require; and
3.2 use its best efforts to remove or overcome the effects of such Force
Majeure Event.
Following any notice from the Operator in accordance with paragraph 3.1, the
Parties shall discuss the effect of the Force Majeure Event on the relevant
condition(s) of appointment, and use all reasonable endeavours to agree any
changes to the condition(s) of appointment that may be required as a result,
which may include agreeing a revised date for the Operator to achieve compliance
with the relevant condition(s) of appointment.
For the purposes of paragraph 3 above, Force Majeure Event shall mean the
occurrence of any:
5.1. acts of God, fire, explosion, flood, earthquake or other natural disaster;
5.2 war, riot, civil commotion or terrorist attack;
5.3 interruption or failure of utility service, including electric power, gas or
water;
5.4 law or government order, rule, regulation or direction, or any action taken
by a government or public authority, including failing to grant a necessary
licence or consent (provided that the Operator has used its best
endeavours to obtain such licence or consent); and
5.5 refusal by the landlord and/or owner of the Branch Premises to grant any
necessary permission or consent(provided that the Operator has used its
best endeavours to obtain such licence or consent),
which directly causes the Operator to be unable to comply with the relevant
condition of appointment by the date specified, provided that such event does
not arise from the negligence of the Operator.
‘ice_ATM»«If_the_branch_has_an_ATM_is_it_Post_Off»
The Operator agrees to enter into an ATM Agreement with the Bank of Ireland in the
form enclosed with this Preface prior to the Start Date for the operation of the ATM
at the Branch Premises
The term of the ATM Agreement shall not be
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APPENDIX 3
PLAN OF BRANCH PREMISES.
Not Applicable
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PART A - GENERAL CONDITIONS OF APPOINTMENT
ACCESSIBILITY CONDITIONS OF APPOINTMENT - GENERAL
Condition of Appointment
Date for Completion
EA18
Operator will install and maintain lighting to
ensure that the entrance is at all times when
the branch is open well-lit
Branch Opening Date
EA19
Operator will remove all obstructions from
the doorway and ensure that the doorway is
at all times kept free from obstructions (e.g.
photo booth, A-frame signs, bins, stock etc)
Branch Opening Date
EA26
Operator will ensure that door mats are
secured and flush fitting, and made of
materials that do not significantly impede the
progress of a wheelchair or other mobility
aids
Branch Opening Date
EA31
The Operator shall ensure that floors or floor
coverings are level, clean, free of spills and
free of tripping hazards
Branch Opening Date
EA32
The Operator shall ensure that the premises
are well-lit
Branch Opening Date
EA33
The Operator will remove all obstructions
from the aisles and ensure that aisles are
kept free of obstructions (e.g. boxes,
display/promotion stands, fire extinguishers)
so as to ensure that aisle width is not
reduced and that it is not otherwise
awkward for a customer in a wheelchair or
with mobility difficulties to manoeuvre
through the aisles
Branch Opening Date
EA41
Operator will ensure that the queuing area,
including any seating area, is kept free of
obstructions (e.g. boxes, display/promotion
stands, fire extinguishers) where these
reduce the width of the area or otherwise
make it awkward for a customer in a
wheelchair or with mobility difficulties to
manoeuvre
Branch Opening Date
EA45
Operator will install, maintain and keep
charged and available for customers at all
times an induction loop system
Branch Opening Date
EA46
Operator will ensure that signs are installed
in the counter area to clearly indicate to the
customers that an induction loop is available
Branch Opening Date
EA47
Operator will ensure that any signs provided
by Post Office Ltd to indicate which materials
can be provided in alternative formats to
assist those with visual impairments are
clearly displayed in the counter area
Branch Opening Date
EA48
Operator will ensure that its staff are aware
of the ways in which it may be possible to
change materials on the spot within the
branch so as to be visible or usable by
Branch Opening Date
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customers with visual impairments, e.g. free
use of any photocopier to enlarge
documents, free use of magnifying glass etc
Operator will ensure that all people providing
services to customers at the branch will
undertake Post Office Ltd - approved training
covering:
EAS3 - the obligations on service providers
under the Equality Act 2010
- the approach to be taken by those
providing Post Office services in order to
ensure compliance with legislation and
generally to maximise the accessibility of
Post Office Services
Branch Opening Date
PART B - SITE SPECIFIC CONDITIONS OF APPOINTMENT
RETAIL STANDARDS CONDITIONS OF APPOINTMENT - SITE SPECIFIC
Condition of Appointment Date for Completion
1 Branch Opening Date
2 Branch Opening Date
3 Branch Opening Date
4 Branch Opening Date
5 Branch Opening Date
6 Branch Opening Date
7 Branch Opening Date
ACCESSIBILITY CONDITIONS OF APPOINTMENT SITE SPECIFIC
Condition of Appointment
Date for Completion
Operator will ensure that the additional aisle
width is created to enable wheelchair
customers to manoeuvre through the aisles
in compliance with the standards in Post
Office Ltd’s Accessibility Guide.
Branch Opening Date
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Operator will ensure that adequate turning Branch Opening Date
space is created in compliance with the
standards in Post Office Ltd’s Accessibility
Guide.
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