TERMS AND CONDITIONS AGREEMENT FOR 55 East Co-working Space MEMBERSHIP
9 August 2017
The following paragraphs outline the terms and conditions agreement (Terms) on which Hatch Enterprise (we, our, us) grants Membership to 55 East Co-working Space to the Member (you, your).
In these Terms, the following definitions apply:
Club means the shared work and social space at 53 – 63 East Street.
Member means a person granted Membership by us.
Membership means the membership level selected by you.
Services means the services included in your Membership as identified on the Website, as updated and amended by us from time to time.
Our Property means any furniture, equipment, documents or other property in 55 East Co-working Space that is owned or controlled by us.
Your Property means any equipment, documents, property or possessions that you bring into 55 East Co-working Space.
Fees means amounts specified on the Website as applicable to your Membership level, as may be varied by us from time to time in accordance with clause 5.5.
Policies mean any of our codes of conduct, policies and procedures accessible on the website or otherwise made available to you, as added or amended by us from time to time.
Business Hours means the hours during which we provide on-site staff and our Services.
Website means our website located at www.bloomingfounders.com.
- THE MEMBERSHIP
2.1 We reserve the right to reject any application or renewal of Membership without ascribing any reason for doing so. Any individuals applying for Membership must be approved by the membership committee before a Membership can be granted.
2.2 We will grant your Membership and provide you with the Services from the agreed date (the Start Date) under the condition that you have made payment of the Fees in the manner identified in clause 5.3 below. Your Membership cannot start before you have paid the Fees.
2.4 Your Membership is valid for 12 months from the Start Date (the Membership Period). Within these 12 months, you may upgrade your Membership to a higher Membership level at any time. You cannot downgrade your Membership level until the end of Membership Period.
2.5. When you decide to upgrade, you agree to pay the difference between the Fees already paid and the Fees of the higher Membership level that are effective at the date of upgrade. Your upgrade is only effective once you have made that payment.
2.6 Your Membership is personal to you. You may not assign your rights or obligations under these Terms or share the benefits of your Membership with anyone else.
2.7 Your Membership entitles you to access and use 55 East Co-working Space. You will receive an access card that will be personal to you. You must not make copies of any access cards or other means of entry to 55 East Co-working Space or lend, share or transfer any access card to anyone else. You must have your access card on you at all times whilst in 55 East Co-working Space. You agree to take sufficient care of your access card and contact us immediately if you believe that you have lost it. There is a £25 replacement fee for a new card.
2.8 You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies. You agree to attend an induction session with the Community Manager in the first 30 days of your Membership Period.
2.9 It is a condition of your Membership that you follow the reasonable directions of the Blooms Community Manager and all directions from Blooms staff in relation to building safety and security protocols.
- 55 East Co-working Space
3.1 Your Membership entitles you to:
- Access to and use of 55 East Co-working Space premises
- Access to and use of the shared internet connection
- Access to and use of our online Member platform
3.2 Our Business Hours are:
- Mondays – Fridays between 8am and 8pm
- Saturdays between 10am and 8pm
- Sundays between 10am and 6pm
Business Hours exclude public holidays and may be amended at any time.
3.3 We will provide you with the following Services during Business Hours:
- Receptionist and community services
- Printing and copier services
- Event management services
- Catering for events
- Furnishing and maintenance of 55 East Co-working Space, provided that we will not be responsible for damage exceeding normal wear and tear.
Some of these services may require additional Fees in accordance with clause 5.2.
3.4. We will be operating a crèche facility and a cafeteria with food and beverages on site. Consumption at these facilities will be charged separately.
3.5 We may move furniture around 55 East Co-working Space premises. We reserve the right to move or alter 55 East Co-working Space premises which you are permitted to use under this agreement. We may modify or reduce the list of Services at any time. The Services may be provided by us, an affiliate of Blooming Founders or a third party.
3.6 55 East Co-working Space is a shared work and social space and we ask that you consider other Members and use 55 East Co-working Space and our online Member platform in a respectful way. Offensive language, threatening behaviour, abuse of our staff or other Members and damage to Our Property, or that of another Member, will not be tolerated. We reserve the right to remove offenders from 55 East Co-working Space, and suspend or cancel their Membership with immediate effect.
3.7 55 East Co-working Space operates a crèche on site and you may hear noise while there are children inside. We will do our best to limit the amount of noise.
3.8 55 East Co-working Space is a collaborative space, and you may find that you are working in close proximity to individuals or organisations that compete with your business. It is your responsibility to ensure that any obligations you may have regarding proximity and/or confidentiality with respect to such competing organisations and other Members generally are adhered to.
3.9 You acknowledge that due to the shared nature of 55 East Co-working Space, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other Members in such circumstances.
3.10 Where your Membership entitles you to access 55 East Co-working Space, this is a licence to use 55 East Co-working Space, and does not give you an exclusive right to any part of 55 East Co-working Space. You are responsible for ensuring that 55 East Co-working Space meets the needs of your business. We make no warranties or representations that 55 East Co-working Space is suitable for the purpose you intend to use it for.
3.11 You acknowledge that there may be peak times when the capacity of 55 East Co-working Space is full. We will do our best to accommodate everyone and we will notify you at least 24 hours in advance when there is a peak in occupancy anticipated.
3.12 We ensure that Our Property is maintained in a good condition and complies with any 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.
3.13 You acknowledge that you will be liable for, and agree to indemnify us for any damage caused to 55 East Co-working Space or Our Property, or for any claim brought against us, by malfunctioning or incorrectly used equipment brought into 55 East Co-working Space by you, your employees or your guests. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in the United Kingdom.
3.14 You are responsible for making good or indemnifying us (at our option) for any damage caused to 55 East Co-working Space or Our Property by you, your employees or your guests (excluding fair wear and tear).
3.15 We take all reasonable measures to ensure 55 East Co-working Space is a safe and healthy working environment. You are responsible for your own safety (and that of your employees and guests) whilst in 55 East Co-working Space. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable amount of care.
- MAKING CHANGES OR CANCELLING
4.1 We may amend these Terms at any time by providing 1 week notice. If we choose to do so, we will inform you by sending you an email to the email address you have provided to us and/or by posting the new Terms on our website. By agreeing to the Terms you accept that you are responsible for checking your emails and our website for any changes to these Terms and are bound by them. If you are unhappy with any proposed changes contact any of our Community Manager and we will use reasonable endeavours to address your concerns.
4.2 You may change your personal and billing information and change or cancel your Membership via our Community Manager. If you wish to cancel, you must do this at least 30 days prior to the end of your Membership Period. When you choose to cancel, your Membership will end at the last day of your Membership Period. You are not entitled to any refund of Fees already paid, unless we have breached our obligations in these Terms in accordance with clause 9.3.
4.3 We may cancel your Membership with immediate effect if you:
- breach your obligations in clause 3.5;
- breach any of your other obligations in these Terms and, if such breach is capable of remedy, you do not remedy your breach within 7 days of being notified by us;
- fail to pay the Fees, and such failure is not remedied within 14 days; or
- fail to comply with our Policies, provided that we have given you written notice of such failure and our required remedy, and a reasonable time to rectify the failure.
- MEMBERSHIP FEES
5.1 The Fees are dependant on the Membership level that you choose.
5.2 Use of other resources such as meeting rooms, workshop room, podcast room, event space, printing and copier services, catering services may incur an additional Fee. For the whole list, please refer to the current price list published on our Website. Your Membership level may entitle you to a certain number of credits for meeting room use and copies/printouts which are free of charge.
5.3 Unless otherwise agreed between us, we only accept payment of the Fees by automatic direct debit from a UK bank account or using a credit card. The Fees will be debited or charged annually and will continue to be debited or charged until your Membership ends in accordance with clause 4.
5.4 It is your responsibility to ensure that your payment details are kept up to date and that there are sufficient funds in your nominated account to enable the successful debit of the Fees. If the transaction is rejected for any reason you will be liable to pay a late administration fee of £10 for each subsequent day there is a delay until payment of any such outstanding fee is satisfied in full.
5.5 The Fees may be subject to review at our discretion. You will be notified via email at least 1 month prior to any increase in the Fees taking effect. We will not increase your Membership fee within the Membership Period already paid for.
5.6 Unless you are notified otherwise, the Fees and any other prices communicated to you are quoted exclusive of VAT.
5.7 You may reserve a Membership at the founding members rates by paying a deposit fee of £100 for the ‘Passport’ or ‘Club’ membership or a deposit fee of £250 for the ‘House’ or ‘Residence’ membership. This fee is refundable until the 30th of October. In this time period you will be entitled to one trial day at 55 East Co-working Space. If you decide to join, your deposit fee will count towards your Membership fees. If you decide not to join, you must ask for a refund by the 30th of October.
- MEETING SPACES AND VENUE HIRE
6.1 Meeting rooms, workshop room and podcast room are available in 55 East Co-working Space for use by Members and external people in accordance with our meeting room policy, as may be implemented or amended from time to time.
6.2 55 East Co-working Space can be hired in part or in full by Members and external people. We will notify you via email at least 24 hours in advance when access to certain parts is restricted.
6.3 If you wish to hire 55 East Co-working Space in part or in full, please contact the Community Manager.
- USE OF 55 East Co-working Space AND GUESTS
7.1 You agree to only use 55 East Co-working Space for the number of days per year and/or during the times allocated to your Membership.
7.2 Excluding meeting room bookings and venue hire, you may bring two guests for up to two hours free of charge on weekdays between 8am – 5pm. Outside of these times, but during Business Hours, you may bring unlimited guests. Additional guest access will be charged at £5 per hour per guest (with the maximum being £25 per guest per day) and is subject to availability. Please contact the Welcome Desk if you require additional guest access. All guests must register when they arrive.
7.2 You must not use the internet access provided for excessive downloads or for any illegal purpose.
7.3 Continued abuse of the fair use requirements in this clause 7 may result in the suspension or termination of your Membership without reimbursement.
- SECURITY & CONFIDENTIAL INFORMATION
8.1 Confidential Information includes information relating to either party’s business, employees, clients, products and business processes. Any Confidential Information you give us, or we give you, remains confidential. We will protect Confidential Information you disclose to us and you agree to take reasonable care to protect any Confidential Information we may disclose to you and not disclose it to any third party.
8.2 You are responsible for ensuring that your Confidential Information, and that of any of your employees, remains secure within 55 East Co-working 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.
8.3 We make no representations about the security of our internet connection, and you must take reasonable security measures (i.e. encryption) as are necessary for your business or enterprise.
8.4. You agree not to take or copy Confidential Information belonging to us or other Members or their guests.
- LIABILITY AND INSURANCE
9.1 We maintain a public liability insurance policy that covers 55 East Co-working Space and we carry our own contents insurance. Our contents insurance does not extend to Your Property or the property of your guests. You should make your own insurance arrangements to ensure that Your Property and any other liabilities are covered, including public liability and any employer insurance requirements.
9.2 Our staff oversees 55 East Co-working Space during Business Hours, however we do not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in 55 East Co-working Space.
9.3 You may store Your Property in one of the lockers provided (additional Fees may apply), however we do not accept responsibility for loss or damage to any of Your Property stored in 55 East Co-working Space.
9.4 We will be entitled to dispose of any Your Property that is remaining at 55 East Co-working Space and left unstored. We shall not be liable to you by reason of the disposal and you shall indemnify us in respect of any claim made by a third party.
9.5. You will maintain the facilities in their existing condition and notify us immediately should any damage occur. You will be responsible for any damage that you or your guests cause to any such facilities.
9.3 Our liability to you for breach of these Terms will be capped at an amount equal to the Fees that you have paid to us in the 12 months prior to the liability arising. We will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.
9.4 You will indemnify us for any loss incurred by us or any claim against us resulting from a breach of you by these Terms or any action of your employees or guests you bring into 55 East Co-working Space.
9.5 Nothing in these Terms shall exclude or limit any rights or remedies you may have under the UK Consumer Law.
- THINGS OUT OF OUR CONTROL
Sometimes events happen that are out of our control. These include things like strikes, lock outs, accidents, war, fire or the delay or failure in manufacture, production, or supply by third parties of equipment or services. Such events may prevent us from providing you with access to 55 East Co-working Space in whole or in part, or may prevent you from performing your obligations under these Terms. 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 the Membership if the delay or failure continues for a period of 30 days or more.
To the extent permitted by law, we may collect personal information about you in a variety of ways, including information that may be provided by you upon execution of this agreement or during your membership. You are not obligated to provide us with personal information and any information collected by us will be provided by you at your own will and with your explicit consent granted herein by execution of this agreement.
We may collect, use, store and transfer the information in accordance with applicable laws, for various purposes including facilitating the Services, perform accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations and to enforce or manage legal claims.
For the purposes stated above and to the extent permitted by law, we may transfer the personal information collected by us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third party services providers and our affiliates.
12.1 Members must be at least 18 years old.
12.2 You agree to not misrepresent yourself to other Members or misrepresent your views and/or opinions as those of Blooming Founders.
12.3 You will not attach or affix any items to the walls or make any other alterations to 55 East Co-working Space premises, install antennas, or telecommunications lines or devices in 55 East Co-working Space premises or bring additional furniture into 55 East Co-working Space premises, in each case without our prior written consent.
12.4 You agree not to consume food or beverages that you have brought into 55 East Co-working Space premises, except for baby food intended for feeding babies or if medically necessary.
12.5 You are responsible for the acts and conduct of your guests.
12.6 We do not control and are not responsible for the actions of other Members. If a dispute arises between Members or of Members’ guests, we shall have no responsibility or obligation to participate in, mediate any dispute or indemnify any party in respect of such dispute.
12.7 You will not bring pets or animals into 55 East Co-working Space without our prior permission.
12.8 In event where the space will be closed for planned service interruptions, we will notify you in advance and endeavour to accommodate you in another space.
12.9 Each provision of these Terms shall be considered separable. To the extent that any provision of these Terms is prohibited, these Terms shall be considered amended to the smallest degree possible in order to make the agreement effective under applicable law. All provisions of these Terms reasonably expected to survive the termination of this agreement will do so.
12.9 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation.