Legal Agreement: Terms of Service
Terms And Conditions Workplace Cowork of 21 Budd St, Collingwood, Vic 3066 (we, our, us) seeks to provide a shared, healthy, community driven workspace for small businesses. When you use Workspace, you are a customer of the Space, and an active part of a small business community. Whether you work here or just use our a meeting rooms, primarily, we ask that you look after yourself, look after each other and look after the Space. The following paragraphs outline in greater detail the terms and conditions (Terms) on which we grant use of the Space to the Licensee (you).
1. DEFINITIONS In these Terms: Confidential Information includes information relating to your, our, or another Licensee’s business or enterprise, employees, clients, products and business processes. Coworker means a Licensee to whom we have granted a Licence to cowork. Fee means the fee specified in Proximity as applicable to this Licence, as may be varied under condition 5.4. Licensee means a person granted this Licence by us to cowork or to use Meeting Space. Licence means the licence granted by us to you on these Terms to use the Meeting Space and the Services for the times selected in Proximity. Meeting Space means the meeting room, car park or other area in the Space as selected in Proximity. Membership means a Licence granted to a Coworker for the Membership Type selected by the Coworker, including the Services. Membership Type membership types on our Website as added or amended by us from time to time. Meeting Space Customer means a Licensee to whom we have granted a licence to use Meeting Space. Policy means any of our codes of conduct, policies and procedures on the Website or otherwise provided to you, as added or amended by us from time to time. Proximity means the booking environment at workplacecowork.app.proximity.space, which is linked to Workplace T&C Rev 2019.1 2 workplace.net.au. Security Deposit means an amount equal to your monthly Fee at the commencement of your Membership. Services means the services included in your Membership by the Membership Type you select and as updated and amended by us from time to time or the services that we agree to provide to you as specified in this Licence Space means the shared coworking space occupied by us at 19-21 Budd Street, Collingwood, Victoria 3066 and includes the Meeting Space. Website means our website at workplace.com.au including Proximity. Workplace Cowork means Suzanne Vale trading as Workplace Cowork or any successor or assign. Workplace Property means any furniture, equipment, documents or other property in the Space that is owned or controlled by us. Your Property means any equipment, documents, or other property or possessions that you bring into the Space.
2. THE LICENCE 2.1 Commencement of this Licence is subject to you first agreeing to these Terms. If there is anything that you do not agree with or understand in these terms, please do not accept them. Instead, please contact us at email@example.com so we can try to address your concerns 2.2 This Licence is personal to you and cannot be transferred to someone else without our prior written agreement. 2.3 You agree to comply with your obligations under these Terms and with any additional obligations contained in any of our Policies. 2.4 This Licence entitles you to use of the internet in the Space. Your wifi password and your PIN for the Space’s alarm are personal to you and must not be shared with anyone else. You must ensure the security of each of your password and PIN and contact us immediately if you think that someone else has access to it or is using it.
3. THE SPACE 3.1 The Space is a shared office and we ask that you consider other people and use the Space in a respectful way. We will not tolerate in the Space the use of illegal drugs, offensive language, threatening behaviour, or intoxication or abuse of other people, or damage to the Space or any property. We reserve the right to remove offenders from the Space and to suspend or cancel their Licence. 3.2 The Space is a shared, collaborative workspace where sensitive information may sometimes be overheard. If you are a Coworker, you may find that you are working in close proximity to individuals or organisations that compete with your business or enterprise. It is your obligation to manage and comply with any confidentiality or other obligations you may have. You agree to respect the right of privacy and confidentiality of other people in the Space. 3.3 This agreement is a licence on these Terms to use: (a) the Space if you are a Coworker, or (b) the Meeting Space and the common areas of the Space if you are a Meeting Space Customer. This Licence does not give you an exclusive right to any part of the Space. If you are coworking, you understand that your use of the Space may on occasion be disrupted. This may include, but is not limited to, the need to move to another work area within the Space. We will endeavour to provide reasonable notice on these occasions and be amenable to Coworkers’ needs. You are responsible for ensuring that the Space meets Workplace T&C Rev 2019.1 3 the needs of your business or enterprise. We make no warranties or representations that the Space is suitable for the purpose that you intend to use it for. 3.4 We will ensure that Workplace’s Property is maintained in good condition and complies with applicable legal or other regulatory requirements. It is your responsibility to ensure that Your Property is fit for purpose and is used in a safe manner. You must ensure that any electrical equipment you bring into the Space is inspected and tested in accordance with AS/NZS 3760:2010. 3.5 Without limiting condition 10.4, you acknowledge that you will be liable for, and agree to indemnify us for any damage caused to the Space or Workplace’s Property and for any claim brought against us, by reason of incorrectly used or malfunctioning equipment brought into the Space by you or your employees or guests. This includes, but is not limited to, damage caused by electrical equipment that is non-compliant or not fit for use in Australia. 3.6 You are responsible for making good or indemnifying us (at our option) for any damage caused to the Space or Workplace’s Property by you or your employees or guests (excluding fair wear and tear). 3.7 We take all reasonable measures to ensure the Space is a safe and healthy working environment. You are responsible for your own safety (and that of your employees and guests) while in the Space. This includes using Workplace’s Property and Your Property safely, for the purpose for which it was intended and with a reasonable amount of care. 3.8 If you see anything that you consider unsafe in the Space, or witness anyone else doing anything unsafe, please notify us promptly within 24 hours of the incident occurring and we will take all reasonable measures to rectify the issue. 3.9 You acknowledge that our pet dog will be present in the Space from time to time. Other dogs may be permitted in the Space in accordance with our dog Policy as may be implemented or amended from time to time.
4. MAKING CHANGES OR CANCELLING 4.1 If you are a Meeting Space Customer, you may cancel your Meeting Space booking at any time. Fees will only be refunded for bookings cancelled at least 6 business days prior to the commencement of the Meeting Space use. 4.2 If you are a Coworker: (a) you may change your personal and billing information and change your Membership Type by giving us 30 days’ written notice prior to the day you require the change to take effect (b) we may amend these Terms at any time by providing 3 months’ written notice to you. If you are unhappy with any proposed changes please contact us and we will try to address your concerns, and (c) either party may cancel your Membership at any time by providing the other party with 30 days’ written notice. 4.3 We may cancel this Licence with immediate effect if you: (a) breach your obligations in condition 3.1 (b) breach any of your obligations in these Terms (including failing to comply with our Policies) and do not remedy such breach (if capable of remedy) within: (i) if you are a Coworker, 7 days of us notifying you of the breach or such other reasonable time that we notify to you (if any), Workplace T&C Rev 2019.1 4 (ii) if you are a Meeting Space Customer, a reasonable time of us notifying you of the breach, or (iii) 14 days for any failure to pay the Fee in accordance with these Terms. 4.4 Termination of this Licence under condition 4.3 will not entitle you to a refund for any portion of the Fee, and you will remain liable for any amounts that have become due but remain unpaid.
5. MEETING SPACE FEES 5.1 If you are a Meeting Space Customer, we will: (a) reserve the Meeting Space for you upon payment of the Fee, and (b) provide you with use of the Meeting Space and the Services in consideration for you paying the Fee in advance or on arrival at the Space. 5.2 Unless you are notified otherwise, the Fee and any other prices referenced on our Website or otherwise communicated to you are quoted exclusive of GST.
6. MEMBERSHIP FEES AND SECURITY DEPOSIT 6.1 This condition 6 applies only to Coworkers. 6.2 If you are a Coworker, we will provide you with the Services in consideration for you paying the Fee in the manner identified in conditions 6.2 and 6.3, below. 6.3 The monthly Fee is due on the first of every month, in advance by direct payment through Proximity. Invoices will be available through Proximity. A $30 administration fee may be charged each time your Fee remains overdue past the 10th of each month to cover the costs of managing late payments. If your Membership commences part way through a calendar month, the fee for that part month will be charged pro rata. 6.4 Any drop-in Fee, car parking fee or meeting room hire fee in addition to your Membership Fee must be paid in advance through Proximity. 6.5 The Fee may be subject to review from time to time (but not more than twice in any 12 month period) at our discretion. You will be notified in writing 3 months prior to any increase in the Fee taking effect. 6.6 Unless you are notified otherwise, the Fee and any other prices referenced on our Website or otherwise communicated to you are quoted exclusive of GST. 6.7 You must pay the Security Deposit prior to, or at the commencement of, your Membership and maintain the Security Deposit during your Membership. We may deduct any costs from the Security Deposit to make good any damage caused to the Space or Workplace’s Property by you or your employees or guests (excluding fair wear or tear) or to cover security call out costs caused by your failure to comply with condition 8.2. In addition, at the end of your Membership we may deduct any unpaid Fees and other reasonable costs that we may incur due to Your Property being left in the Space. Your Security Deposit less any deductions will be returned to you within 21 days after your Membership has ended and you have returned all keys, swipe cards and codes that enabled you to access the Space. The Security Deposit will not accrue interest.
7. FAIR USE 7.1 We can only provide the Services for the Fee quoted if the Space is used fairly. Using the Space fairly includes that you: (a) only use the Space for the number of days per month allocated to your Membership, Workplace T&C Rev 2019.1 5 (b) only use the Meeting Space allocated to you for the time allocated to you, (c) limit the guests you bring into the Space to reasonable visits which, for Coworkers, we consider to be two guests occasionally for up to two hours per day. If your guests would like to work in the Space for all or part of the day, they are welcome to purchase a day pass by contacting us, and (d) limit printing to a reasonable amount, in line with any Policies introduced by us from time to time. 7.2 You must not use the internet access provided for excessive downloads or any illegal purpose. This includes, but is not limited to, the use of any torrent client software. 7.3 You acknowledge that to be fair to other Coworkers, we may need to limit guest access in peak times. If for some reason you need additional guest access, please talk to us to see what can be arranged. 7.4 If your guests would like to work in the Space for all or part of the day, they are welcome to purchase a day pass or discuss Membership by contacting us in person in the Space, or by phone or email. 7.5 Certain Meeting Spaces in the Space are available to Coworkers free of charge in accordance with our meeting room Policy as may be implemented or amended from time to time. Additional use will incur additional fees. 7.6 Continued abuse by a Coworker of the fair use requirements in conditions 7.1 to 7.3 may result in the suspension or termination of the Coworker’s Membership.
8. SECURITY 8.1 In order to access the Space, you can obtain a swipe card from us or we can provide access through Proximity’s door controller system. Swipe cards are not transferrable and you must return all swipe cards issued to you at the end of this Licence. You must not lend or give your swipe card to any other person other than your guests if you are a Meeting Space Customer only. You are responsible for all swipe cards used by your guests. You must notify us immediately if a swipe card is lost or stolen. Coworkers who lose their lose your swipe card you must buy a new card from us in order to continue to access the Space. 8.2 If you are the last person to leave the Space, you must ensure that the Space is fully locked and secured, and all lights, air-conditioning and heating are switched off. 8.3 We make no representations about the security of our internet connection and you must take reasonable security measures (for example, encryption) as are necessary for your business or enterprise.
9. CONFIDENTIAL INFORMATION 9.1 Any Confidential Information that you give us, that we give you, or that you overhear in the Space remains confidential. We have adequate practices in place to protect Confidential Information that you disclose to us and you agree to take reasonable care to protect any Confidential Information that we or another person in the Space may disclose to you and you agree not to disclose it to any third party. 9.2 You are responsible for ensuring that your Confidential Information and that of any of your employees remains secure within the Space. We will not be liable for any unauthorised disclosure of your Confidential Information unless such disclosure occurs as a result of a breach of our confidentiality obligations to you. Workplace T&C Rev 2019.1 6
10. LIABILITY AND INSURANCE 10.1 The Space will carry liability and personal property insurance for Workplace’s Property. This insurance does not extend to Your Property or the property of your employees or guests. You should make your own insurance arrangements to ensure that Your Property and any other liabilities are covered, including public liability and meeting any workers compensation insurance obligations required by law to protect yourself against damage to the Space or other people’s property. 10.2 We do not accept responsibility for loss or damage to Your Property left unattended or unsecured in the Space regardless of whether our staff are overseeing the Space. 10.3 Our liability to you for breach of these Terms will be capped at an amount equal to the Fees that you have paid in the 1 month prior to the claim arising. We will not be liable for any indirect or consequential loss including any loss of actual or anticipated income or opportunity. 10.4 Without limiting condition 3.5, you indemnify us for any loss incurred by us or any claim against us resulting from a breach by you of these Terms or any action of you or your employees or guests. 10.5 Nothing under these Terms will exclude or limit any rights or remedies that you may have under the Australian Consumer Law set out in schedule 2 of the Competition and Consumer Act 2010.
11. THINGS OUT OF OUR CONTROL Events out of our control (including strikes, lock outs, accidents, war, fire or a delay or failure in manufacture, production or supply by third parties of goods or services) may prevent us from providing you with the Services in whole or part or with access to the Space, and may prevent you from performing your obligations under these Terms other than your obligation to pay the Fee. In such cases, both parties agree that the other party will not be liable for any delay or failure in performing their obligations. Either party may terminate a Membership if the delay or failure continues for a period of 30 days or more.
12. NOTICES 12.1 Notices given pursuant to these Terms must be in writing by email and will be deemed to have been given on transmission. 12.2 Notices to us must be sent to firstname.lastname@example.org or to another email address notified by us to you for the purpose of sending notices. 12.3 Notices to you will be sent to the email address that you provided to us on commencement of this Licence or to another email address notified by you to us for the purpose of sending notices.
13. OTHER LEGAL STUFF These Terms supersede all prior agreements, representations and understandings and constitute the entire agreement between you and us relating to your use of the Space. If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severed without affecting the enforceability of the remaining provisions. These Terms are governed by the laws of Victoria.