Terms and Conditions

Last Updated: October 2, 2026

Key Terms, In Plain Language

This page explains, in plain English, what you are agreeing to. It is a summary only — the numbered sections below are the actual agreement, and they control if there is any difference.

• You are renting one commercial unit for your business. It is not a home and nobody may live or sleep in it. (Sections 14–15)
• You rent month to month from day one — there is no fixed term. Either of us can end it with 90 days’ written notice, which runs in whole calendar months. (Sections 4, 6–7)
• Rent is due on the 1st of each month, by card or bank debit. If it is more than 7 days late there is a late charge. (Sections 8–10)
• You take the unit as it is. You look after the inside; we look after the roof, structure and shared areas. (Sections 17, 23–24)
• You must carry $1,000,000 business liability insurance naming us, and give us proof before you get keys. (Section 27)
• Your tools, stock and equipment are your risk, not ours. Insure them yourself. (Section 29)
• Anything specially agreed for your unit is written in an Addendum to your lease, and that beats these standard terms. (Section 51)

Summary of Terms

Your own details — the unit rented, its price and deposit, your start date, and your contact information — are set out in the General Lease you sign at move-in. The facility details referred to throughout these Terms are:

Contents

• 1.Who this agreement is between
• 2.Words we use
• 3.What you are renting
• 4.Start date
• 5.Inspection period — permits and approvals
• 6.A month-to-month rental
• 7.Ending the rental — 90 days’ notice
• 8.Rent
• 9.How to pay
• 10.Late payment
• 11.Yearly rent increase
• 12.Security deposit
• 13.Utilities and allowances
• 14.What you may use the unit for
• 15.What you may not do
• 16.How many people may be in the unit
• 17.The condition of the unit
• 18.Changes to the unit
• 19.Signs
• 20.Parking
• 21.Shared areas and site rules
• 22.Chemicals and waste
• 23.What we repair
• 24.What you repair
• 25.Heating and cooling
• 26.When we need to come in
• 27.Insurance you must carry
• 28.If your insurance lapses
• 29.Your property is your risk
• 30.Limits on our liability
• 31.Covering each other’s losses
• 32.Fire and serious damage
• 33.If the government takes the property
• 34.Things outside anyone’s control
• 35.When you are in default
• 36.What we can do about it
• 37.Property left behind
• 38.Letting someone else use the unit
• 39.Moving out
• 40.Notices and messages
• 41.Electronic signing and records
• 42.Permission to contact you
• 43.Military service members
• 44.If the property is sold or mortgaged
• 45.Brokers
• 46.Which law applies
• 47.Legal costs
• 48.Not enforcing a term does not cancel it
• 49.The whole agreement
• 50.If part of this is unenforceable
• 51.The Addendum comes first
• 52.Personal guarantee

Charges at a glance

Every amount you could be charged beyond rent, in one place. This table is a summary for convenience — the numbered section it points to is the term that applies.

Part 1 — Who and what

1. Who this agreement is between

This agreement is between Maat Holdings Ploof Road LLC, a North Carolina limited liability company (“we”, “us”, “Landlord”), and the tenant named on the General Lease (“you”, “Tenant”). Our address for notices is 3116 Weddington Road #900, Matthews, NC 28105.

2. Words we use

• Unit — the specific space you are renting, identified by number on your General Lease.
• Property — the whole Flex Town site at 9550 Ploof Road SE, Leland, NC.
• Shared Areas — everything on the Property that is not inside a unit: driveways, parking, yard, dumpsters, shared bathrooms, mailboxes and landscaping.
• General Lease — the signed document that names you, your unit, your rent and your start date, and brings these Terms and Conditions into effect.
• Addendum — the document signed alongside your General Lease that sets out anything agreed specially for you. Where it differs from these Terms, it applies.
• Site Rules — the current written rules for using the Property, which we publish and may update from time to time.

3. What you are renting

You are renting the Unit, plus the right to use the Shared Areas along with the other tenants, plus the parking spaces stated on your General Lease.

Any square footage, dimension, drawing or site map we give you is approximate and is there to identify the space, not to promise an exact area. Rent does not change if the actual area turns out to be different.

You are not renting the roof, the outside walls, the land around the building, or any shared bathroom, mailbox or dumpster. Those stay ours to manage.

Part 2 — Term, rent and deposit

4. Start date

Your rental starts on the start date on your General Lease. If we cannot give you the Unit on the start date for a reason outside our control, the start date moves to the day we can, rent starts then, and neither of us owes the other anything for the delay. If the delay runs past 30 days you may cancel and we will refund everything you have paid.

5. Inspection period — permits and approvals

For 14 days after you sign your General Lease, you have a limited right to end it if the county or the state will not allow your intended use of the Unit.

This right applies only where a county or state authority refuses in writing to grant a permit, zoning approval or licence that your permitted use needs. It is not a general right to change your mind.

To use it you must:

• apply for the permit or approval promptly and pursue it properly — you pay the application fees;
• give us a copy of the authority’s written refusal; and
• tell us in writing before the 14 days are up.

If you do, this agreement ends, and we return your security deposit and any rent you have paid in full. Neither of us owes the other anything else, except that you stay responsible for any damage or contamination you caused while you had the Unit (sections 22 and 31).

This right does not apply if the refusal is because you applied late, applied incompletely, or because of something personal to you rather than to the Unit or its use.

After 14 days the right lapses, even if a decision is still outstanding. If you need longer because an authority is slow, ask us before the 14 days are up and we will consider extending it in writing.

6. A month-to-month rental

Every Flex Town rental is month to month from the start date. There is no fixed term. Your rental renews automatically on the 1st of each month, on these same terms and at the rent then in effect, until either one of us ends it under section 7 or we both sign a new agreement.

The rental does not end automatically at any point. You do not become a trespasser or a “tenant at sufferance” by staying on, and we do not charge penalty rent for staying on.

Month to month does not mean you can leave at a month’s notice. The commitment in both directions is the notice period in section 7 — three full calendar months.

7. Ending the rental — 90 days’ notice

Either of us may end the rental by giving the other written notice of three full calendar months — what we usually call “90 days’ notice”. Months vary in length, so the notice is counted in calendar months, not days:

• the notice period starts on the 1st day of the month after the notice is delivered (section 40 says when a notice counts as delivered);
• it runs for three full calendar months; and
• the rental ends on the last day of the third month.

For example: a notice delivered on 14 September starts a notice period of 1 October to 31 December, and the rental ends on 31 December. A notice delivered on 1 October runs 1 November to 31 January.

You owe the full rent for every month of the notice period, whether or not you have moved out or stopped using the Unit before it ends. There is no refund and no pro-rating for leaving early. All of your other obligations under this agreement continue until the last day.

We may agree in writing to a shorter notice period or an earlier end date, but neither of us has to. Anything shorter than the standard notice is effective only if it is signed by an owner of Flex Town.

Ninety days gives you time to find another space and move a working business without rushing, and gives us time to re-let. It applies the same way in both directions.

8. Rent

Rent is the monthly amount on your General Lease. It is due in advance on the 1st day of each month, without us having to ask for it and without deduction or set-off.

If your rental starts part-way through a month, that first month’s rent is worked out pro rata on a 30-day month. A rental ended by notice under section 7 always ends on the last day of a month, so there is nothing to pro-rate at the end. If the rental ends part-way through a month for another reason this agreement allows (sections 5, 32 and 33), that month is pro rata too.

If your General Lease or Addendum set out an introductory rate, free period or stepped schedule, that schedule applies for the months it covers, and the full rent applies after it.

9. How to pay

Rent and all other charges are paid by card or automatic bank debit (ACH) through the Flex Town tenant portal, or by another method your General Lease lists as accepted. Where your General Lease shows a processing fee for a method, that fee is added to the amount you pay. You must keep a valid payment method on file for the whole time you rent from us.

If a payment is returned, reversed or charged back, you must cover any bank or processing fee we are actually charged, and you must fix the payment method before the next due date.

10. Late payment

If we have not received the full rent within 7 days of the due date, you owe a late charge of 5% of the overdue amount or $85, whichever is greater.

The late charge covers our administrative cost of chasing a late payment. It is not interest, not a penalty, and not a substitute for the rent itself.

11. Yearly rent increase

Rent increases by the percentage stated on your General Lease (normally 3%) on each anniversary of your start date. The increase applies automatically. We will show the new amount on your portal at least 30 days before it takes effect; if we show it late, the new rent applies from the date we show it.

12. Security deposit

If your General Lease states a deposit, you pay it when you sign. We hold it as security for you doing what this agreement says. It is not prepaid rent and you may not tell us to treat your last month’s rent as covered by it.

Deposits are set for each tenant rather than by a fixed rule, and are stated on your General Lease. Where a deposit is reduced or waived, that is recorded in your Addendum, and the personal guarantee under section 52 stands behind the rental instead.

We may use the deposit to cover unpaid rent or charges, the cost of repairing damage beyond normal wear and tear, or cleaning and removal costs. If we do, you must top it back up within 10 days of us asking.

We return whatever is left within 45 days after you move out and hand back the Unit, together with a written breakdown of anything we kept.

13. Utilities and allowances

Normally, you open and pay your own electricity account. You must set up an account with Brunswick Electric in your own name before your start date and keep it in your name for the whole rental. If it is cut off or moved out of your name, that is a breach of this agreement.

Three other arrangements exist for particular units. Your General Lease says which applies to you — only one does:

1. Your own account — the standard arrangement described above.
2. Supplied by us on an estimate (shown on your General Lease as “Metered by Landlord”). Electricity for your Unit is supplied through our account with the power company, not yours. Each month you pay a fixed estimate that we set from the Unit’s expected usage and show on your invoice. Once a year, and when you move out, we compare what you have paid against the power company’s actual bills for the supply serving your Unit, apportioned by floor area where one supply serves more than one unit, and settle the difference at cost: you pay any shortfall, or we credit any excess, on your next invoice or with your deposit return. We may revise the estimate on 30 days’ written notice. Water is included in your rent for normal business use.
3. Included with an allowance. Electricity and water are included in your rent up to 500 kWh and 1,000 gallons per month. Above that we bill the excess at $0.02 per kWh and $6.00 per 1,000 gallons, added to the next month’s invoice with the readings shown.
4. No power. The Unit has no electrical supply. Nothing is metered and no allowance applies.

In every case: we pay for sewer, trash collection, landscaping and the upkeep of the Shared Areas. You arrange and pay for your own internet, your own cleaning inside the Unit, and any telephone, gas or other service you want.

Water from a shared utility sink is for washing and general business use only. Do not use it for any process discharge, chemical rinse or anything that must not enter a septic system.

We are not liable if a utility is interrupted, and an interruption does not let you withhold rent or end the rental. If an interruption is our fault and lasts more than 7 consecutive days, rent is reduced pro rata for the days after the seventh.

Part 3 — Using the unit

14. What you may use the unit for

You may use the Unit only for the permitted use written on your General Lease, and for nothing else without our written agreement first.

The zoning — Industrial General (IG)

The whole site — Brunswick County tax parcel 04800013, 9550 Ploof Road SE — is zoned Industrial General (IG). Permitted uses are set out in section 5.2.3 of the Brunswick County Unified Development Ordinance, which is the authority on this and is published on the county website.

Permitted in your Unit without anything extra. Light industrial and heavy industrial operations; contractor’s office and storage operations; craft and woodworking shops; warehousing and storage; freight handling; all wholesale sales and service; research and development; audio and video production; data centres; business park and industrial park uses; brewing, distilling and winemaking; boat repair and manufacture; boat storage.

Permitted, but with extra conditions attached. Garage service and automobile repair; commercial parking; restaurants; repair of farm equipment; outdoor sales and display areas. These carry limited use standards in section 5.3 of the ordinance and need to be agreed with us first.

Needs a special permit from the county first. Flea markets, kennels, and adult businesses, among others. You would have to obtain the permit yourself before starting.

Not allowed in this district at all: ordinary retail shops, retail premises of 10,000 square feet or less, personal service establishments, and stand-alone professional offices. An office is fine as part of running your industrial or contracting business from the Unit — it is a stand-alone office business that the district does not allow.

Selling to the public — the one route that is open

Ordinary retail is not permitted, but retail sales and service that are incidental to manufacturing or light industrial work are, under section 5.3.5.Q of the ordinance, on three conditions:

1. the space given over to selling must be clearly subordinate to the manufacturing or industrial activity — it is a side activity, not the business;
2. you must meet the parking requirement for retail use, though the same spaces can count towards your industrial parking; and
3. signage is limited to one building sign and one directional sign.

So a maker who sells some of what they make from the Unit can be within the rules. A business whose main activity is selling to walk-in customers cannot. If you want to sell from your Unit, raise it before you sign so it can be written into your Addendum.

Customers visiting without any selling — a service by appointment, a client dropping off or collecting work — is normally fine, but still needs recording in your Addendum, because customer visits need parking and each unit has only the spaces stated on your General Lease.

If you are not sure which side of the line your business sits on, ask us before you sign. Section 5 gives you 14 days to get an answer from the county, and it is far cheaper to check now than to be told to stop trading later.

Two operating rules that catch people out

No processing outdoors. If you run a craft or woodworking shop, all processing, cutting and treatment must happen inside the Unit. Working outside the Unit is not permitted (ordinance section 5.3.7.B).

Outdoor storage must be screened. Contractor storage of equipment and materials that is visible from the road has to sit behind a screen or planted buffer (section 5.3.7.A). Talk to us before storing anything outside — it is our obligation as much as yours, and it has to be done to a standard the county accepts.

The zoning summary above is our reading of the ordinance on the date of these Terms. The ordinance itself controls, and the county may change it. We do not promise that your intended use is allowed by zoning, by a permit authority, or by any other law. That is for you to check. You must get and keep any licence or permit your business needs, and show it to us if we ask.

If you use the Unit in a way that breaches the zoning, you must stop as soon as we ask you to. Continuing is a default under section 35.

Competing uses

We may agree with another tenant that no other unit at Flex Town will be used for their trade. Where we have done that, the trade is listed as a prohibited use on your Addendum, and you may not carry it on from your Unit.

Unless your own Addendum gives you an exclusive right in writing, you have no protection against another tenant doing the same work as you, and we may let a unit to a competitor.

15. What you may not do

You may not:

• live or sleep in the Unit, or let anyone else do so;
• run a shop, storefront, showroom or walk-in sales counter, or make retail sales to the general public from the Unit, without our written agreement and confirmation that the use is permitted under UDO 5.2.3 — sales to the general public are limited in an Industrial General district (section 14);
• use it for anything illegal;
• make noise, smells, dust, vibration or smoke that unreasonably disturbs other tenants or neighbours;
• overload the floor, the electrical supply, the plumbing or any other system;
• store or use anything that would breach our insurance or make it more expensive;
• block a fire exit, a shared driveway, another tenant’s door, or Unit 4A’s side overhead door;
• use the Shared Areas for storage, for work, or for disposing of waste, or let customers wait or queue in them;
• operate our forklift, or ask a visitor or delivery driver to operate it;
• put anything into the septic system other than ordinary domestic waste water.

If your Addendum lists uses that are specifically prohibited for your Unit, those apply in addition to this list.

16. How many people may be in the unit

No more than one person per 500 square feet of rented space, or part of that, may be in the Unit at any one time. Your Addendum may set a different figure for your Unit; if it does, that figure applies.

This limit counts the people who work from or are stationed in the Unit at one time — you, your staff and your contractors together.

Customers, visitors, deliveries and collections do not count, as long as they are not working from the Unit.

This is Flex Town’s own limit, based on what the site can carry — the parking spaces available to each unit, the shared bathrooms and the septic system. It is not a statement of the maximum the building code or the county would allow, which may be higher or lower. You must also keep within whatever the law requires.

17. The condition of the unit

You are taking the Unit as it is. You have had the chance to inspect it and you are satisfied it suits your business.

We do not promise that the Unit is fit for your particular purpose, and we give no warranty about its condition beyond what section 23 says we will repair. Anything we have agreed to build, install or provide before you move in is listed on your Addendum — if it is not written there, we have not agreed to it.

18. Changes to the unit

You may not alter, add to, drill, cut, or run services through the Unit without our written consent first. We will not unreasonably refuse.

Any work must be done properly, to code, by a licensed contractor where the law requires one, and you need our approval of the contractor for any job over $500.

You must keep the Property free of any contractor’s or supplier’s lien arising from your work, and clear any that is filed within 20 days.

When you leave, anything you attached stays with the building unless we told you at the time of consent that it had to come out, or you attached it without our consent and we ask for it to come out — in either case you remove it and make good. Your own tools, machines and unattached equipment stay yours and go with you.

19. Signs

No sign anywhere on the Property without our written consent. If we consent, you keep the sign compliant with local rules, you maintain it, and you repair any damage when it comes down. Our consent is not a promise that the sign is permitted by the county or the state.

20. Parking

You have the number of spaces stated on your General Lease (normally two). Spaces are for working vehicles in current use.

You may not park or store an untagged, uninsured, unregistered or non-running vehicle, a trailer, or a container anywhere on the Property without our written consent.

We may move, renumber or reallocate parking if we have to for a legal, county or state requirement, or to run the site safely. If we move your allocated space permanently we will give you at least 60 days’ notice unless an authority requires it sooner.

21. Shared areas and site rules

The Shared Areas stay under our control. We may change their layout, restrict where tenants park, and set Site Rules covering deliveries, freight, dumpsters, mail and safety.

The current Site Rules are part of this agreement. We may update them on 30 days’ written notice, as long as the new rules are reasonable and do not conflict with these Terms. Rules about freight handling, forklift use and dumpster use are safety rules and take effect immediately.

We maintain the shared drives, parking areas and site lighting. You keep the paved area directly in front of your Unit clear, clean and free of oil, debris and stored items, and you tell us at once about any hazard you notice anywhere on the Property — a pothole, a failed light, a damaged gate or door — so we can deal with it.

Current arrangements you should know about:

• Some buildings share one bathroom stall between units. Whether your Unit has a private bathroom is stated on your General Lease.
• If a shared bathroom is left in a state that needs a deep clean or is damaged, we clean it and add $100 to the next invoice of whoever caused it. We will send before-and-after photographs.
• Mail: some buildings share one mailbox. Couriers need someone present to sign.
• Freight: you must be there to receive it, tell the carrier a lift gate is needed, and give us 48 hours’ notice if you need our forklift. Forklift service is $50 per hour, minimum $50, operated by us only.
• Dumpsters are for ordinary business waste. No construction debris, no tyres, no appliances, no chemicals, no furniture.

22. Chemicals and waste

You must follow every law about hazardous, flammable and regulated materials. You get any permit needed, keep the records the law requires, and show them to us on request.

You must tell us within 5 days if any authority contacts you about hazardous materials at the Property, and send us a copy.

You must remove everything you brought in, and clean up any release you or your people caused, at your cost — whether that comes to light during the rental or afterwards. “Your people” means your staff, contractors, customers, suppliers and anyone else you let onto the Property.

You are responsible to us for the cost of dealing with any contamination caused by you or your people, including our reasonable legal costs. This survives the end of the rental.

Storing or using propane, fuel gas or a similar fuel on site needs our written consent and must be listed on your Addendum.

Before you hand the Unit back you must remove every chemical, fuel, oil, battery and waste you brought in. We may inspect the Unit and the ground around it before returning your deposit, and any clean-up we have to do comes out of the deposit or is billed to you at our actual cost.

Part 4 — Looking after the building

23. What we repair

We keep in good repair, at our cost: the roof, foundations, structural frame, outside walls, the outside doors and overhead doors of your Unit and their glass, the Shared Areas, and the sewer, water and electrical supply up to the point it enters your Unit.

We are not responsible for repairing damage caused by you, your staff, your customers or your contractors — that is yours to put right.

You must tell us in writing as soon as you notice something we are responsible for. If you know about a problem and do not tell us, and it gets worse, the extra cost is yours.

24. What you repair

You keep the inside of the Unit in good order at your cost — light bulbs, plumbing fixtures inside the Unit, the water heater serving it, interior doors, interior finishes, and anything you installed.

You keep the Unit clean and free of pests arising from your business, and you arrange your own cleaning.

Use licensed contractors where the law requires one, and get our approval for any job over $500.

25. Heating and cooling

We maintain the heating and cooling equipment serving your Unit, including servicing, repair and replacement, and we hold the service contract.

You must: change or clean filters as we direct, keep vents and the outdoor unit clear, use the equipment normally, and turn it off when the Unit is not in use. Do not attempt your own repairs or bring in your own technician.

If the equipment is damaged by your misuse, neglect, or by running it against these terms, the repair cost is yours.

26. When we need to come in

We may enter the Unit at reasonable times on at least 24 hours’ notice to inspect, to do repairs, or to show it to a buyer, lender or possible tenant.

We may enter without notice in an emergency, or where there is a real risk to people or property.

Once either of us has given notice under section 7, we may advertise the Unit and show it to possible tenants on the same notice.

You must give us a working key or access code, and tell us within 3 days if you change the locks and give us the new means of access.

Part 5 — Risk and insurance

27. Insurance you must carry

For the whole time you rent from us you must keep commercial general liability insurance of at least $1,000,000 per occurrence, covering bodily injury and property damage arising from your business.

The policy must name Maat Holdings Ploof Road LLC as an additional insured, and must name any lender we tell you about.

You must give us the certificate before you receive keys, and a renewal certificate at least 30 days before the policy expires.

Carrying this insurance does not cap what you owe us — it is a minimum, not a limit.

You should also insure your own equipment, stock and improvements. We do not insure them (see section 29).

28. If your insurance lapses

If your cover lapses or you cannot show us a current certificate within 10 days of us asking, we may buy a policy protecting our own interest and add what it costs to your next invoice. That policy protects us, not you, and it does not cover your property or your liability.

Continuing to occupy the Unit without the required insurance is a default under section 35.

29. Your property is your risk

Everything you keep in the Unit — tools, machines, stock, materials, vehicles, records — is there at your own risk. We do not insure it and we are not responsible if it is damaged, destroyed or stolen, whatever the cause, unless the cause is our own gross negligence or deliberate wrongdoing.

This includes damage from water, fire, smoke, steam, electrical fault, roof or pipe leak, break-in, weather, or the act of another tenant.

30. Limits on our liability

We are not liable for loss of profit, loss of business, loss of income, loss of contracts, loss of data, or any other indirect or consequential loss, however it arises.

Except for our gross negligence, our deliberate wrongdoing, or a claim for death or personal injury, our total liability to you under this agreement is capped at the rent you have paid in the 12 months before the claim arose.

You must bring any claim against us within one year of when you first knew, or reasonably should have known, about it.

31. Covering each other’s losses

You cover us against claims, damage, fines and reasonable legal costs caused by your negligence or wrongdoing, or that of your staff, customers or contractors, or by your breach of this agreement — including any fine or penalty imposed on us because of how you used the Unit.

We cover you against claims, damage and reasonable legal costs caused by our negligence or wrongdoing, or that of our staff and contractors.

Neither of us has to cover the other for something the other caused.

Both of us, and our property insurers, give up any right to recover from the other for loss of or damage to property that is covered by property insurance, or that would have been covered had that party carried the property insurance this agreement requires or recommends. This applies whether or not the loss was caused by the other’s negligence. Both obligations survive the end of the rental.

32. Fire and serious damage

If the Unit is damaged so badly it cannot be used, rent stops for the part you cannot use, from the date of the damage.

We will tell you within 30 days whether we intend to rebuild. If we do, we will start within 120 days and finish within 270 days of getting permits and insurance money. If we do not intend to rebuild, or we miss those deadlines, either of us may end the rental in writing and you owe nothing further.

If serious damage happens after either of us has given notice under section 7, either of us may end the rental in writing at once, and rent stops from that date.

We are not responsible for your lost business while the Unit cannot be used. That is what your own business interruption cover is for.

If the Property is taken by a government authority rather than damaged, section 33 applies instead of this section.

33. If the government takes the property

If a government authority takes the whole Property, or takes enough of it that your Unit can no longer reasonably be used for your permitted use, this agreement ends on the date the authority takes possession, and rent is apportioned to that date.

If part of the Property is taken but your Unit is still usable, this agreement continues and rent is reduced in proportion to what you have lost from the date of the taking. If the taking materially affects your access or your parking, you may end this agreement on 30 days’ written notice given within 60 days of the taking.

The compensation paid by the authority belongs to us. You may make your own separate claim against the authority for your moving costs, your trade fixtures and your business loss, as long as it does not reduce what we recover.

A sale to an authority under threat of a taking counts as a taking.

34. Things outside anyone’s control

Neither of us is in breach if we are prevented from doing something by a cause genuinely outside our control — a storm, flood, fire, utility failure, epidemic, government order, strike, or a shortage of materials or labour. The obligation is suspended for as long as the cause lasts, and the party affected must tell the other promptly and work to fix it.

This does not excuse paying rent or any other money owed.

Part 6 — If things go wrong

35. When you are in default

You are in default if:

• rent or any other charge is unpaid 15 days after it is due;
• you break any other term and have not fixed it within 30 days of our written notice (or, if it genuinely takes longer to fix, you have not started within 30 days and kept going);
• you let the required insurance lapse;
• you abandon the Unit, or leave it empty and unused for 30 days while rent is unpaid;
• you become bankrupt or insolvent, or a receiver is appointed and not removed within 60 days;
• you use the Unit for something illegal, or for a use we have not permitted and do not stop when we ask (section 14).

36. What we can do about it

If you are in default we may do any or all of the following:

• end the rental in writing and claim what we have lost;
• keep the rental going, take the Unit back and re-let it on your behalf — you then owe us the difference between your rent and what we get, as it falls due. We take a Unit back through a summary ejectment proceeding, or, if you have abandoned it (section 35), by changing the locks after posting notice on the Unit and sending notice under section 40. We will not lock you out of a Unit you are still using without a court order;
• claim the rent for the notice period you would have had to give under section 7 — three full calendar months from the 1st of the month after we end the rental — less anything we actually receive from re-letting during that period;
• bring a summary ejectment proceeding;
• use the deposit;
• recover our reasonable costs of re-letting.

If we re-let, we will make commercially reasonable efforts to find a replacement tenant at a reasonable rent, but we do not have to prefer your Unit over any other vacant unit, or accept a tenant or a use we would not normally accept.

Taking part payment does not waive the default and does not stop us going ahead with ejectment.

37. Property left behind

If you move out, or we lawfully take the Unit back, we will send written notice under section 40 to your last known address and email, listing what remains in the Unit and what you owe. If you do not collect it within 30 days of that notice, it is treated as abandoned. We may then remove and store it at your cost, sell it by public or private sale, or dispose of anything with no resale value. We apply the proceeds first to the costs of removal, storage and sale, then to what you owe us, and we send you any balance with a written account. You pay the cost of removal and storage even if nothing is sold.

Part 7 — Changes and moving on

38. Letting someone else use the unit

You may not transfer this agreement, sublet the Unit, or let another business operate from it, without our written consent first. We will not unreasonably refuse, but we may ask for information about the proposed tenant and their business, and you cover our reasonable costs of dealing with the request.

If we consent, you stay responsible for everything under this agreement unless we release you in writing.

A change of ownership or control of your business counts as a transfer and needs consent.

39. Moving out

On your last day you must:

• remove everything of yours, including waste and materials;
• leave the Unit swept clean and in the condition it was in when you took it, apart from normal wear and tear and damage covered by section 32;
• remove anything we told you at the time of consent had to be removed, and make good;
• close any utility account in your name;
• return every key, remote and access device.

If you leave the Unit needing clearing or cleaning, we do it and bill you the actual cost.

Staying past the end date. If you stay in the Unit after your rental ends without our written agreement, you owe 150% of your last monthly rent for each month or part of a month you stay, plus any loss your staying causes us (for example, a replacement tenant we have to turn away). Staying on does not renew the rental: you are there only with our permission, which we can withdraw at any time, and we may bring summary ejectment at once.

Part 8 — Legal terms

40. Notices and messages

Formal notices under this agreement — ending the rental, a default notice, a notice to fix something — must be in writing and sent by any of:

• email to the address on your General Lease (or ours);
• the Flex Town tenant portal;
• hand delivery; or
• US certified mail, return receipt requested.

Email and portal notices count as delivered on the day they are sent, unless it bounces. Certified mail counts as delivered on the delivery date shown. Once you take possession, the Unit is a valid address for notices to you.

Day-to-day operational messages — a delivery, a site closure, a scheduled repair — may be sent by text message or email.

You must keep your email address and mobile number current on the portal.

41. Electronic signing and records

You agree that this agreement, any Addendum, any renewal and any notice may be signed and delivered electronically, and that an electronic signature has the same effect as ink.

You agree to receive this agreement, invoices, receipts and notices electronically. You may ask for a paper copy at any time, free of charge, and you may withdraw this consent for future records by writing to us — but not for the signed agreement itself.

To use electronic records you need a device with internet access, a current browser, a working email address, and the ability to open PDF files.

42. Permission to contact you

You agree that we may contact you by phone, text message and email at the numbers and addresses you give us, about your rental — rent and payment reminders, repairs, access, site safety and notices. This may include automated messages.

Agreeing to marketing messages is not a condition of renting from us. You may opt out of marketing messages at any time by replying STOP or telling us in writing. You cannot opt out of operational and safety messages while you rent from us.

Message and data rates may apply. If your number changes, tell us.

43. Military service members

If you are a member of the United States armed forces, or you sign personally and are called to active service, you may have the right to end this agreement early under the Servicemembers Civil Relief Act and North Carolina law. Nothing in this agreement takes away or limits those rights.

To use them, give us written notice with a copy of your orders. We will not charge an early termination fee where that Act applies.

44. If the property is sold or mortgaged

This agreement ranks behind any mortgage on the Property, now or in future. If we ask, you will sign a subordination document within 10 business days — as long as the lender agrees in return that your rental will not be disturbed while you are not in default.

If the Property is sold or a lender takes it over, you continue the rental with the new owner and we are released for anything after the transfer.

If we ask, you will confirm in writing within 10 business days the basic facts of your rental — that it is in force, the rent, the start date, whether any notice has been given, and whether anyone is in breach. If you do not respond, and we have reminded you once, the facts we stated are treated as confirmed.

45. Brokers

Each of us confirms that we have not dealt with any broker or agent in connection with this rental except any broker named on your General Lease, and that any commission owed to a named broker is governed by a separate agreement between that broker and whoever engaged them.

If a claim for a commission is made through one of us, that one covers the other against the claim and the reasonable legal costs of dealing with it.

46. Which law applies

North Carolina law governs this agreement. Any dispute goes to the state or federal courts for Brunswick County, North Carolina, and both of us agree to that.

47. Legal costs

If you owe us money under this agreement and we use an attorney to collect it, you pay our reasonable attorney’s fees to the extent N.C. Gen. Stat. § 6-21.2 allows, after we give you written notice and 5 days to pay the amount owed without fees.

In any other dispute about this agreement, the party that substantially wins recovers its reasonable attorney’s fees and court costs from the other, as N.C. Gen. Stat. § 6-21.6 allows for business contracts.

48. Not enforcing a term does not cancel it

If we do not enforce something, or we are slow to, or we accept a late or partial payment, that does not waive the term, does not waive any other breach, and does not stop us enforcing it later. Only a written waiver signed by us waives anything, and it applies only to the occasion it names.

49. The whole agreement

Your General Lease, your Addendum, the Site Rules, the Privacy Statement and these Terms and Conditions are the entire agreement between us. They replace anything said, emailed or promised beforehand.

Changes must be in writing and signed by both of us — except where these Terms let one of us act alone on notice: the Site Rules under section 21, parking under section 20, a utility estimate under section 13, and the yearly rent increase under section 11.

50. If part of this is unenforceable

If a court finds any part of this agreement unenforceable, that part is cut back to the extent needed to make it work, or removed, and the rest stays in force.

51. The Addendum comes first

Anything agreed specially for you is written in an Addendum to your General Lease. If the Addendum conflicts with your General Lease or with these Terms and Conditions, the Addendum applies — but only for the specific point it covers, and only if both of us have signed it.

The order is: Addendum, then General Lease, then these Terms and Conditions, then the Site Rules.

An Addendum cannot change any of the following. If it appears to, the term below applies instead:

• the insurance requirement in section 27 — it may be increased, never reduced or waived;
• the personal guarantee requirement in section 52;
• the Privacy Statement;
• servicemembers’ rights in section 43;
• the right to opt out of marketing messages in section 42;
• responsibility for environmental clean-up in section 22;
• the ban on living or sleeping in a unit in section 15;
• the zoning limits in section 14;
• anything that would increase our liability to you beyond sections 30 and 31;
• the governing law and venue in section 46.

Changing any of those needs a written variation signed by an owner of Flex Town.

If something is not written in your Addendum, it has not been agreed. Nothing said in a viewing, a phone call, a text or an email counts.

52. Personal guarantee

If you are a company, LLC, partnership or trading name, an individual owner must sign a personal guarantee (Schedule C of your General Lease) before you receive keys. That person is personally responsible for the rent and other money you owe, and for your obligations under this agreement.

If you are an individual trading under your own name, you are already personally responsible and no separate guarantee is needed.

The guarantee covers everything you owe under this agreement, whenever it comes to light, including after you have left. Its full terms are in Schedule C.

Acknowledgment

By signing the General Lease, you confirm that you have read these Terms and Conditions, that you have had the chance to take legal advice on them, and that you agree to them.

This is a legal document. Signing it has consequences that a court can enforce. If you are not sure about any of it, speak to an attorney before you sign.