Membership Agreement – Terms & Conditions
In these Terms, the following definitions apply:
- Business Hours: Business Hours are defined as being between 9.00 am and 5.00 pm Monday – Friday excluding Public holidays in Victoria.
- Fair Use: While not an exhaustive list, examples showing what will/will not constitute ‘Fair Use’ or what will be considered ‘unreasonable’ and outlined in section 3.0 Fair use.
- Fee: The fee specified under Schedule A, as varied by us from time to time in accordance with section 7.0 Fee and other payments.
- Meeting Rooms: Meeting Rooms means and includes the rooms that may, or have, or could be used as a place to meet with another business or person. Other Accessible areas include the lounge, receptions, hallways, lifts, stairwells, kitchen and Co-working area.
- Membership: The membership category selected by you as shown or limited in Schedule A and which are subject to these Terms.
- Our Property: Any furniture, equipment, documents or other property in the Space that is owned or controlled by us, including the Space.
- Policies: Any of our codes of conduct, policies and procedures accessible on the Website or otherwise made available to you, as added to, updated or amended by us from time to time.
- Website: Our website at coworkme.com.au
- Services: What’s included in your Membership as identified on the website.
- Space: The common area designated as “recreation space”.
- User: Any person, company or organisation granted Membership by us other than the Member.
- Your Property: Any equipment, documents, property or possessions that you bring into the Space.
TERMS & CONDITIONS
1.0 GRANT AND TERM
- By signing this agreement, CoWork Me grants the client and the client accepts:
- a non-exclusive license to access the location for the term;
- for use as a commercial office only;
- on the terms and conditions of this Agreement;
- If neither party provides the other with notice, then the term automatically extends on a month by month basis after the end of the stated term. The client is still required to provide 1 months’ notice of the date that it wishes the agreement come to an end. A monthly fee is payable for the 1 month notice period, even after the end of the original term.
2.0 VENUE AND BUILDING RULES
- The client must comply with and must ensure that their employees, contractors, agents, customers and visitors comply with the following:
- The businesses etiquette and rules; and
- the building rules
- A Hot Desk membership is for one person, if the client brings external clients or friends into the centers they must book a meeting room.
- Be respectful to coworkers and be mindful of noise levels.
- Not use the Space for the retail sale of goods or services, for any other activity, or in any way, that would cause the provisions of the Retail Leases Act 2003 to apply to the Space or to the clients use of the Space.
3.0 FAIR USE
- The client agrees to use CoWork Me’s services and/or the Space as shown and limited by the clients Membership.
- Where the clients Membership entitles the client to access the Space, this is permission to use the Space, and does not give the client exclusive rights to any part of the Space.
- To ensure CoWork Me can provide the Services and/or use of the Space for all Users for the Fee quoted, all Users must comply with the principle of ‘Fair Use.’ We believe ‘Fair Use’ means that our Services and the Space are not used in a way that is ‘unreasonable’ in the circumstances.
- While this is not an exhaustive list, examples showing what will/will not constitute ‘Fair Use’ or what will be considered ‘unreasonable’ use are:
- Users can only use the Space for the number of days per month allocated to their applicable Membership. Use of the Space beyond the allocated amount is considered unreasonable in the circumstances;
- please limit the number of guests the client bring into the Space. Excluding meeting room bookings and venue hire, we consider that two guests for up to two hours is reasonable. Please understand that to be fair to other Users we may need to limit guest access in peak times. If for whatever reason the client needs additional guest access, please talk to CoWork Me to see what can be arranged;
- please limit printing to a reasonable amount in accordance with any policies introduced from time to time by CoWork Me and communicated to the client. Unless otherwise notified by CoWork Me, we consider a 10 colour pages and 500 black and white pages per User per month to be reasonable. Fees will apply for additional pages after maximum pages;
- The client must not use the internet access provided for excessive downloads, especially for personal use (i.e. not for ordinary business or commercial purposes). This includes, but is not limited to, the use of any torrent client software; and
- use of telephone and mailing Services should be limited to ordinary business or commercial purposes and not used excessively or predominately for personal use.
- For companies of more than 8 people, free meeting room access is limited to 16 hours per month for that company.
- Repeated or continual abuse of the fair use requirements may result in the suspension or termination of the client’s Membership.
- The client acknowledges that due to the shared nature of the Space, they may find that they are working in close proximity to individuals or organisations that compete with their business. The client acknowledge that sensitive information may sometimes be overheard, and the client agree to be responsible for the client’s own privacy and confidentiality and to respect the right of privacy and confidentiality of other Users.
- While CoWork Me takes all reasonable measures to ensure the Space is a safe and healthy working environment, the client is responsible for their own safety (and that of the client’s employees and guests) whilst in the Space. It is the clients responsibility to observe safe systems of work and to practice safe behaviour, to protect themselves and ensure the safety of others. This includes using Our Property and the client’s property safely, for the purpose it was intended for, and with a reasonable amount of care.
- If the client see anything they consider may create a risk to the health and safety of members, staff or visitors in the Space please notify CoWork Me immediately.
- From time to time CoWork Me is legally required to comply with evacuation drills arranged by the building owners so as to ensure procedures are in place in case of an emergency. Fire wardens are trained to assist with these drills and all Users must fully cooperate and comply with all directions from the fire warden.
5.0 SECURITY & CONFIDENTIAL INFORMATION
- ‘Confidential Information’ includes information relating to either party’s business, employees, clients, products and business processes. Any Confidential Information the client give to CoWork Me, or CoWork Me gives the client, remains confidential. We have adequate policies and procedures in place to reasonably protect Confidential Information the client discloses to CoWork Me and the client agrees to take reasonable care to protect any Confidential Information CoWork Me may disclose to the Client and not disclose it to any third party.
- The Client is responsible for ensuring that their Confidential Information, and that of any of their employees, remains secure within the Space. CoWork Me will not be liable for any unauthorised disclosure of the client’s Confidential Information, unless such disclosure occurs as a result of a breach of our confidentiality obligations to the client.
- CoWork Me makes no representations about the security of the internet connection, and the client must take reasonable security measures (e.g., encryption) or fallback services as are necessary for the client’s business or enterprise.
6.0 UNACCEPTABLE BEHAVIOUR
- The Space is a shared office and we ask that the client consider other Users and use the Space in a respectful way. The use of illegal drugs, intoxication, offensive language, bullying, threatening or abusive behaviour (verbal or physical) towards our staff or other Users, theft or damage to our Property or to that of another User, will not be tolerated. CoWork Me reserve the right to remove offenders from the Space, notify the authorities and/or suspend or terminate their Membership.
- Smoking is not permitted in the Space. Any Users found smoking inside the Space may have their Membership suspended or terminated.
- Unauthorised use of car parking unless included as part of the membership.
- While at the Space, the client agrees not to make any comments, take any photos or make any videos which identify or utilize our intellectual property or logos without prior approval and authorisation.
- The Client agrees to refrain from making any communications to any persons that could be considered obscene, offensive, defamatory, threatening, harassing, discriminatory or hateful and which could be perceived to be comments made on behalf of CoWork Me.
- CoWork Me Services cannot be used for knowingly creating, transmitting, retrieving, installing, or storing any communications that are:
- discriminatory or harassing;
- defamatory, threatening or derogatory to any individual or group (including CoWork Me and their Services)
- obscene, sexually explicit or pornographic;
- in violation of any license/copyright governing the use of software or material; and/or
- engaged in for any purpose that is illegal, including but not limited to:
- using a password without authorisation to gain access to another person’s information or communication;
- sending forgery, fraudulent activity, misleading or deceptive conduct or to transmit any objectionable material or undertake any other unlawful activity;
- disguising or attempting to disguise identity when sending e- mail, using another person’s e-mail account or copying messages or files belonging to another User without their permission;
- accessing or hacking, without express authority, any computer; and/or
- sending, receiving or copying copyrighted materials, trade secrets, confidential information, proprietary financial information or similar materials without prior authorization.
7.0 FEE AND OTHER PAYMENTS
- The Client must pay fees and all other money due to CoWork Me on or before the due date. It is the clients responsibility to ensure that the client’s payment details are kept up to date and that there are sufficient funds in the client has nominated account to enable the successful debit of the Fee each month.
- The client must pay:
- the membership fee, which is payable monthly in advance on the first day of each month (“the due date”), starting on the Fee Start Date;
- any amount due and payable in relation to the Additional Services agreed by the client, will be charged at the prevailing rates as published by CoWork Me.
- A pro-rata fee and other money due to CoWork Me is payable for any period which is less than a full month.
- The client must pay or reimburse CoWork Me:
- any reasonable costs incurred by CoWork Me in recovering the client’s fee, including but not limited to any legal fees (on an indemnity basis), bank fees or collection agency fees.
- 10% interest on money due to CoWork Me under this Agreement which has not been received by the due date, with that interest accruing until all outstanding money (including interest) has been received; and
- the amount that CoWork Me has paid or for which we are responsible in connection with anything the client, their employees, contractors, agents, customers or visitors have done in, on or from the Suite.
- Acceptable payment methods include direct debit, credit card or specified third party online payment system such as PayPal or Stripe
- Payments made via credit card or online payment system will attract a processing and surcharge fee.
- The Fee may be subject to review on the anniversary of your contract at our discretion. You will be notified in writing 30 days prior to any increase in the Fee taking effect.
- Additional or unreturned office keys will be charged at $50
- Additional or unreturned security fobs will be charged at $50
- Additional members added to an office will be charged at $250 per month
8.0 SECURITY DEPOSIT
- A 1 months membership fee and $50 per key/access card must be paid in advance and will act as the client’s security deposit. The client must pay CoWork Me the Security Deposit on or before the Start Date or the date this Agreement is signed.
- CoWork Me may apply the Security Deposit (in whole or in part) towards any of the following:
- Any debt owed by the client; or
- Our costs of repairing any damage caused by the client, their employees, contractors, agents, customers or visitors to the Suite or any of the CoWork Me property, services and for remedying any default.
- If we use any of the Security Deposit, the client’s following monthly invoice will include an additional fee equaling the amount used of the Security Deposit – this is done to ensure the Security Deposit is always maintained at the amount specified in the Schedule.
- On or before the earlier of the End Date and the date when this Agreement is terminated, we may use the Security Deposit for outstanding amounts payable by the client and then refund any unused part of the Security Deposit back to the client.
9.0 SERVICES, FURNITURE AND EQUIPMENT
- The client agrees that they will not remove anything in the premises that belonging to CoWork Me.
- While the client complains with this Agreement, CoWork Me must provide the client with:
- The services, facilities and equipment as specified in the Schedule
- CoWork Me endeavours to provide fully functional and operational and services to members and guests, however we can not guarantee a 100% up time for all its services.
- CoWork Me can not guarantee that all computer and mobile devices will be compatible with the CoWork Me network.
- CoWork Me may provide additional services requested in writing by the client. If that occurs:
- CoWork Me may decide, by written notice to the client, payment terms for those additional services and may vary the price of those additional services after providing the client with written notice; and
- If we either:
- Acquire services from a third party to provide the additional services; or
- Procures the provision of the additional services directly from a third party to the client (whether or not that third-party acts as our agent),
CoWork Me has no liability to the client for any loss arising from, or costs incurred in connection with the additional services to the extent those losses or costs are beyond our actual control.
10.0 REPAIR, MAINTENANCE AND MAKE GOOD
- The client must:
- maintain the Suite, Furniture and Equipment in good repair.
- notify CoWork Me immediately of any damage to the specified area and the furniture and equipment.
- The client must not (including permitting to be done):
- use the office for any illegal or noxious purpose;
- damage the Suite or the Furniture and Equipment;
- damage or remove from the Suite anything which does not belong to the client;
- install or remove any cabling without our prior written consent;
- make any changes to the Suite or the Furniture and Equipment without our prior written consent;
- smoke or permit smoking in the building; or
- affix signage or other material to any interior or exterior wall or window of the office to any exterior wall.
- The client can:
- access the Building between 8.30am and 4.30pm on business days and with a security fob outside of these hours.
- Permanent Desk members have access to fair use of the common space areas which will be self-monitored.
- Additional meeting room packages can be purchased as required.
- The use of the issued security fob to enter the building will mean that the client are deemed to have entered the building and will be held responsible for any damage resulting from the access given.
- The client must:
- notify CoWork Me immediately in the event of the security fob being stolen, misplaced or lost. This will result in the cancellation of the issued security fob and a new security fob will be assigned to the client
- We reserve the right to charge a $50 replacement fee for any stolen, misplaced or lost access card.
- We reserve the right to charge a $50 replacement fee for any stolen, misplaced or lost office key.
- CoWork Me may cancel the clients Membership with immediate effect if the client:
- breach any of the obligations in these Terms and the breach is not capable of being remedied;
- breach any of the client’s obligations in these Terms and if such breach is capable of remedy, the client do not remedy their breach within 7 days of being notified by us;
- fail to pay the Fee, and such failure is not remedied within 14 days; and/or
- fail to comply with our Policies provided to the client have been given a copy of such Policies and we have given the client written notice of such failure (and our required remedy), and a reasonable time (as determined by us) in which to rectify the failure.
- Termination of the clients Membership will not entitle them to a refund for any portion of the Fee, and the client shall remain liable for any amounts which have become due but remain unpaid.
- If the client’s Membership is terminated by CoWork Me, all unpaid amounts will become immediately due and owing.
- CoWork Me may also cancel the client’s Membership at any time, for any reason, by providing the client with 30 days’ written notice.
- CoWork Me may also suspend the client’s Membership for any period of time, at any time, for any reason, at our sole discretion.
12.1 Termination by the client
- The clients membership will not automatically terminate on the date specified by the Membership Duration.
- In order to end the Membership on the date specified by the Membership Duration, the client must provide at least 30 days’ written notice of the intended cessation of the Membership. If the client fails to do so, the Membership will be taken by CoWork Me to be continued on a month by month basis. The client will become liable for payment of the Fee in accordance with this agreement.
12.2 Termination by Agreement
- The Membership may be terminated earlier than the date specified by the Membership Duration subject to:
- written agreement being obtained from CoWork Me; and
- the provision of at least 30 days’ written notice prior to the proposed date of cessation.
- The client agree that CoWork Me will, at cost to the client:
- remove anything in the premises not belonging to CoWork Me;
- carry out any other work reasonably required by CoWork Me to return the area to its condition at the Start Date; and
- replace any item of our property which has been removed from the premises without CoWork Me’s prior written consent.
- On or before the earlier of the End Date and the date when this Agreement is terminated, the client must:
- deliver up all security fobs;
- remove all items it has brought into the premises; and
- pay any money owed to CoWork Me.
- The client will be considered in default if:
- They fail to pay money due to CoWork Me by the due date;
- They fail to perform or observe any provision of this Agreement,
- They remove from the premises anything not belonging to the client.
- If the client is in default, then CoWork Me may:
- enter the premises and remove the client;
- remove any property not belonging to CoWork Me;
- suspend or terminate any of the Services;
- commence proceedings against the client; or
- terminate this Agreement.
- The client indemnifies CoWork Me, and each person claiming through CoWork Me, against any liability or loss arising from, and costs incurred in connection with:
- The clients act or omission or that of its employees, contractors, agents, customers or visitors;
- a breach of this Agreement.
- The client must pay or reimburse CoWork Me all costs (including solicitors’ costs on an indemnity basis) incurred by CoWork Me by reason of the client’s breach of the Agreement.
- CoWork Me’s liability to the client for breach of these Terms will be capped at an amount equal to the Fees that the client has paid in the 1 month prior to the claim arising. CoWork Me will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.
- The client will release and indemnify CoWork Me for any loss incurred by CoWork Me or any claim against CoWork Me resulting from a breach of these Terms by the client or any action of the client’s employees or guests the client bring into the Space.
- Nothing in these Terms shall exclude or limit any rights or remedies the client may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010.
- CoWork Me will not liable to the client for any personal property that is damaged, lost, or stolen while on on around the Space at all times, including, but not limited to, a vehicle or its contents or any property left at the Space (secured or otherwise).
- If the client (their employees or the client’s guests or any non-Users the client gives access to the Space, whether authorised or unauthorised) cause damage to the Space or Our Property, the client is liable for its cost of repair or replacement.
- It is the clients responsibility to ensure that their property is fit for purpose and is used in a safe manner. The client must ensure that any electrical equipment they bring into the Space is inspected and tested in accordance with AS/NZS 3760:2010.
- The client acknowledges that they will be liable for, and agree to release and indemnify CoWork Me for any damage caused to the Space or CoWork Me’s Property, or for any claim brought against CoWork Me, by malfunctioning or incorrectly used equipment brought into the Space by the client, their employees or guests. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Australia.
- CoWork Me maintain a public liability insurance policy that covers the Space as well as their own contents insurance. CoWork Me’s contents insurance does not extend to the clients property or the property of the client’s guests.
- The client must ensure they have sufficient insurance to cover their Property and any other liabilities, including but not limited to public liability and any State or Territory workers compensation insurance requirements.
16.0 NO TRANSFER, SUB-LICENSING OR SECURITY
- This Agreement is personal to the client signing this agreement.
- The client must not transfer this Agreement or sub-licence or otherwise part with or share the whole or any part of the Suite without our prior written consent.
- The client must not attempt to or take any step to create or allow to exist a security over the client’s interest in this Agreement, their property or our property except with our prior written consent.
17.0 NO WARRANTY AS TO MEMBERSHIP SUITABILITY
- The client agree and acknowledge that:
- Access and occupy to the premises and uses of the Services and the Furniture and Equipment at the client’s sole risk
- CoWork Me, or anyone acting on our behalf, has not made any representation or warranty as to the suitability or adequacy of the premises, the Services or the Furniture and Equipment.
- They may be reallocated to an alternate location within the space at CoWork Me’s discretion.
- A notice given under this Agreement may be given:
- personally, or by post or by email (to the address specified in the Schedule);
- if the client is a company, notice may be sent to the client’s registered office as set out in ASIC’s records.
- Notices sent by post are deemed received on the second business day after posting.
19.0 PET POLICY
Pet’s are cool with us, but not with all of our members. To ensure everyone is happy while at CoWork Me, we ask that the points are considered and adhered to.
- Pets must be house-trained. Any ‘accidents’ must be cleaned right away by the pet owner.
- Pets should only be kept in private offices and are not allowed to roam around unsupervised.
- Pets must be leashed in common areas.
- Pets should not be brought into eating areas such as the kitchen or on-site cafe.
- If a pet is being disruptive, noisy, or destructive in any way, we will ask the member to remove the pet from the space.
- Offices must be steam cleaned and sanitised every 3 months at the members’ expense.