Términos y condiciones generales

Definitions

Term Definition StartNorth, We, Us, Our, The Space, The Facility, The Facilities, Coworking Space, StartNorth Coworking Space (Hume City Council – ABN 14 854 354 856) You, Your, Member, An individual or organisation who is a member of StartNorth Coworking Space Membership, Membership Application Documents or records detailing the agreement between StartNorth Coworking Space and you, under which you or your organisation become a member of StartNorth Coworking Space. Visitor, Guest A visitor to the StartNorth Coworking Space

Background

These Terms and conditions – together with the of our facility – make up the terms of a Membership Agreement between you and StartNorth Coworking Space (Hume City Council – ABN 14 854 354 856). It is important that you have read and understood all the terms and conditions of the Agreement before agreeing to these Terms. It's also important that you understand that signing up to this membership you agree to the following stipulated terms and conditions. Contravention of these conditions may incur a financial penalty. Please contact us if you have any questions. This Agreement is automatically renewed at the end of each period with written consent of each party.

Description of Services

The StartNorth Coworking Space seeks to provide its members with access to office space, workstations, Internet access, coworking software, membership platform, community platform, printing, office equipment, conference space, casual space, kitchen space, knowledge resources, and other services (collectively, "Services") for the purpose of developing business ventures of its members. The Services at all times are subject to these Terms and Conditions. StartNorth will at all times retain management control of the facility. Members will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. Members will not use the Services in any manner that could damage, disable, overburden, or impair any of the Coworking space Services or interfere with any other party’s use and enjoyment of any Services. Members will not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any of the Coworking space Services or to any of the Services, through hacking, password mining or any other means. Members will not obtain or attempt to obtain any materials or information through illegal or by unlawful means. Members acknowledge that the StartNorth Coworking Space is a shared facility which may be concurrently occupied by multiple organisations and individuals. Consequently, each member is obliged to comply with relevant Good Order, Conduct and Noise requirements, and the health and safety of relevant personnel. By Agreeing to the terms and conditions, members warrant that they have requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party. In the event of a breach of the terms and conditions, your use, membership and/or participation at the Coworking space shall be terminated, immediately.

Conditions of Entry and Services Use

Access and Parking

Any motor vehicle driven or parked in the confines of the facility is done so entirely at the owner’s risk, and no responsibility is accepted by StartNorth Coworking Space for any theft or damage. Vehicles must be parked in designated parking areas only, as parking fines are the responsibility of the vehicle owner. Visitors to report to Reception and sign Register (for Safety reasons).

Building Code

Cleaning of desks and offices is the responsibility of the member. Members must be comply with Fire Evacuation procedures in case of an emergency, including statutory evacuation drills and training exercises that will be undertaken regularly Room capacities are not to be exceeded. The member shall comply in every respect with regulations under the Building Act 1993 with regard to public buildings for the prevention of over-crowding, obstruction of fire exits, corridors, passages and any other part of the building. If the member does not adhere to staff instructions, it may result in the cancellation of their membership. Smoke machines, open flames and helium balloons are not allowed on premises under any circumstances. Where it is deemed that a fire brigade call was as a result of the members activity, or persons associated with the members activity, call-out costs will be forwarded to the member (potentially up to $3,000) if fire alarm is set off.

Cleaning

Cleaning of desks and offices is the responsibility of the member. Rubbish and recycling to be placed in appropriate bins allocated. Member to respect fellow Centre users by cleaning up after self in communal areas (kitchen, meeting rooms, toilets). Cups, dishes (food scraps to be wiped/rinsed) and cutlery to be placed in dishwasher.

Compliance

The member and persons under their direction shall comply and follow all directions, instructions or requests given by StartNorth staff, related to the proper use and reasonable comfort and rights of other users and the general public when using the space. No unauthorised animal(s) are permitted to enter StartNorth Coworking Space or Council facilities.

Coworking Space Closures

We may need to close our space for a period of time, for example, due to an emergency, to undertake repairs or if required to for legal reasons. We may close our space up to 7 days in any 30-day period and keep charging Membership Fees. If the space is closed for more than 7 days we will suspend all membership payments. We may also need to refuse entry to certain areas within our space during periods of peak demand. We reserve the right to close certain areas of the space at any time at our discretion, and/or relocate personnel as a result. StartNorth will make every effort to notify to members about any closures via email, on our website and/or across our social media platforms.

Damage

Any damage caused to StartNorth Coworking Space property, fittings, walls, floors or equipment during use will be at the responsibility of the member. Any cost associated with repairs or replacement will be met by the member. Users must notify StartNorth Coworking Space staff immediately of any damage and supply details of how the damage was caused so that it can be determined who will be responsible for paying for the repair or replacement of StartNorth property. The StartNorth decision will be final. Upon expiry of individual, team, private office membership, and/or vacating the Coworking Space, a fee of up to $500 will be incurred when office requires cleaning, refurbishment or painting.

Equipment

Furniture provided in office are standard. Printer use – use access code for print job release. Wi-Fi use - access login details via reception. In the case of power failure, the use of candles, Tilley and or any Kerosene Lamp is strictly prohibited.

Fair Use

Users must consider others when using shared facilities at the Coworking space including booking Meeting Rooms, using kitchen facilities and other Common Areas (“Shared Facilities”). We encourage our Users to get the most they can out of the Shared Facilities at our Coworking space. However, if we find that a User is abusing these privileges or restricting another User’s ability to use and enjoy any Shared Facilities at a the Coworking space, we reserve the right to reduce or otherwise limit that User’s use or enjoyment of those Shared Facilities. We are entitled to implement systems to manage users use of the Internet at our Coworking space to ensure that Internet speed is fast such as restricting or slowing down users use of certain websites such as video downloading sites. We are entitled to implement systems to manage users use of the printer at our Coworking space to ensure that efficient printing is available to all users, maintenance and running costs are controlled. We reserve the right to refuse bookings for meeting rooms in our discretion, during busy periods or from users that repeatedly fail to show up to bookings.

Fees

Membership Fees

Your membership fees are payable in monthly direct debit or credit card payments from your membership start date. If you do not make any payment when it is due, your membership may be suspended and you may be refused access to our space until the outstanding balance has been settled. Fees and charges may continue to accrue if your membership has been suspended with outstanding fees. Your membership may also be terminated by us if your membership fees remain unpaid for an extended period. All outstanding payments to be settled prior to leaving.

Direct Debit

Membership fees are payable by direct debit from your nominated debit or credit card account. When completing your membership application, you will be required to make a Direct Debit or Credit Card Payment Agreement with our biller SecurePay Pty Ltd (ACN 088 101 875). The Direct Debit or Credit Card Payment Agreement is separate to this Agreement. By nominating a credit or debit account, you authorise SecurePay Pty Ltd to deduct all fees and charges applicable under this Agreement. You must keep your account details up to date and ensure there are sufficient funds in your account on the usual payment day, or the next working day if that falls on a day when your nominated financial institution does not process payments. If there are insufficient funds in your nominated account on the usual payment day, or there is another reason your account was unable to be debited (except one within the Biller’s control), you may be charged a dishonour fee, and this would be added to your next debit amount. If your payment is declined, you will need to pay your outstanding balance in centre upon your next visit. Any outstanding payment remaining on your next scheduled payment date will be deducted from your nominated account. Access to the space will be denied while an outstanding balance exists

Fee Increases

All StartNorth Coworking Space fees and charges are set and approved each financial year by Hume City Council. All fees and charges are set for a period of 12 months (July to June) each financial year. Should you elect to renew your Membership, the associated fees may change. We will communicate to all members in advance to notify of any change. If your fees are varied, this Agreement authorises any debits from your nominated account to also be varied.

Meeting Room Fees

All meeting rooms are to be booked via the booking system and are chargeable beyond included membership credit. Meeting rooms are charged for the time booked. Where you stay longer than your allotted time slots, it will be up to the discretion of StartNorth Staff to charge you for your extra time and for any extra hours incurred by our staff.

Fire Extinguishers

Fire Extinguishers are provided at StartNorth Coworking Space. This equipment is for emergency use only. Should these extinguishers be stolen or tampered with, by a member or a participant of any program or function, users will be liable for cost of replacement or damage.

Gambling

Games of chance (either directly or indirectly) which includes money/valuables passed as prizes are strictly prohibited in any portion of the building without the prior written approval of StartNorth Coworking Space staff.

Good Order, Conduct and Noise

Behaviour or activities that would cause a risk to the reasonable comfort or personal safety of other members, will not be tolerated. The use of language which may reasonably considered insulting or discriminatory, will not be tolerated. Inappropriate behaviour which may cause damage to property or nuisance to other users of the facility, will not be tolerated. Staff, organisations, members and/or security officers on duty reserve the right and are responsible for the behaviour of their participants/guests and have the right to ask such offenders to vacate the building. Any cost associated with removing such offenders will be met by the member. Aggressive behaviour, littering, spitting, or excessive consumption of alcohol or drugs is not permitted at any time. Members of StartNorth Coworking Space are to ensure that any noise emanating from their workspace does not cause nuisance, and that all noise pollution regulations are complied with. Excessive noise (i.e. at such a level that neighbours are disturbed) may result in cancellation of membership. You must not restrict or inhibit any other user of the StartNorth Coworking Space from using and enjoying the Services. You acknowledge that the distribution or use of illicit substances is illegal and will not use or distribute these substances in the Coworking space or within the adjacent Town Hall Broadmeadows. You must not obtain or otherwise collect information about other members, including email addresses, without the specific authorization or consent of the disclosing party. You must not use the Services in connection with contests, multi-level marketing schemes, chain letters, junk email, spamming or the communication or duplication or unsolicited electronic messages (commercial or otherwise). You must not breach any applicable laws or regulations. You must not create and/or use a false identity for the purpose of misleading others. You must not use the Coworking space for sleeping or housing

Consequences for not complying with Good Order, Conduct and Noise requirements

Members behaving in a reckless manner, such as threatening or harassing others, damaging furniture or equipment, or performing illegal acts may have their membership immediately cancelled and may be prohibited from joining our Coworking space again. Memberships are not transferrable, nor can they be lent to anyone else. If you are caught doing this it is grounds for immediate cancellation of your membership

General Conditions and Use

Photography of any kind is not permitted without approval of StartNorth Coworking Space staff. You must take reasonable care for your own health and safety, and for the health and safety of others. By entering the space, making use of the facilities or participating in any activities, you do so at your own risk. No call answering services are provided. You must not violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Codes). Except with Our written consent, you must not use the StartNorth Coworking Space area for anything other than for the purpose of developing Your business venture. You must not make any structural alterations nor add nor remove fixtures nor interfere with any electrical installations in the Centre. We do not require you to provide us with any sensitive information. If you provide us with sensitive information, such as health information, on your own accord, we will treat it with the highest confidence and only disclosed as permitted by law.

Indemnity

You agree to indemnify and to keep indemnified StartNorth Coworking Space, its servants and agents, and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, in connection with the Recipient’s performance or purported performance of its obligations under this Contract and be directly related to Your negligent acts, errors or omissions. Your liability to indemnify StartNorth Coworking Space shall be reduced proportionally to the extent that any act or omission of StartNorth Coworking Space, contributed to the loss or liability. You agree to hold harmless StartNorth Coworking Space its servants and agents, and each of them in connection with all claims resulting from damage, loss, death or injury whatsoever which may otherwise be brought or made or claimed, except to the extent that StartNorth Coworking Space is negligent.

Insurances

Each Member shall, at all times during this Agreement Term, be the holder of a current Public Liability Policy of Insurance to cover legal liability to third parties for personal injury or property damage as a result of an occurrence in connection with the operations of the insured, providing coverage for an amount for not less than $20,000,000 for each occurrence. Be the holder of workers compensation insurance, if the member has employees. As a result of the proposed activities of the Member, the StartNorth Coworking Space may require a member to obtain a Professional Indemnity Policy of Insurance as a condition of membership for the purposes of covering any Claim or Claims for breach of Professional Duty first made against the Member arising out of any negligent act, error or omission. While it is not essential, Members are encouraged to obtain property insurance for items of property or equipment which they may leave unattended or store in the facility.

Independent Advisors

StartNorth Coworking Space acknowledges that you may receive business and technical consulting services from Independent Advisors, Consultants or Contractors from time to time. You acknowledge and agree that the Independent Advisors are not employees or agents of Ours and are not party to this Agreement. ________________________________________

Liability and Insurance

StartNorth Coworking Space maintains a public liability insurance policy that covers the Space and we carry our own contents insurance. Our contents insurance does not extend to Your Property or the property of your visitors. You should make your own insurance arrangements to ensure that Your Property and any other liabilities are covered, including public liability and meeting any State or Territory workers compensation insurance requirements. Our staff oversee the Space during certain times, however we do not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in the Space. Nothing in these Terms shall exclude or limit any rights or remedies you may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010. We do not endorse, support or verify the facts, opinions or recommendations of our users or members. From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries.

Membership

These Terms need to be agreed to by you before you can commence your Membership. If there is anything that you do not agree with or do not understand in these Terms please do not accept them and contact us at [email protected] so we can try to address your concerns. We will endeavour to provide the Services to the best of our ability. We value your feedback, and if we are not meeting your expectations please let us know so that we can try to find a way of addressing this. Your Membership is personal to you. You may not transfer your Membership to someone else without us agreeing to it in writing first. Sharing a key / security code / access code with a non-member or another member is strictly prohibited and is grounds for immediate cancellation of your membership. You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies. Your Membership entitles you to access and use of our services. Your Membership Portal login details are personal to you, and must not be shared with anyone else. You should take sufficient care in ensuring the security of your login details, and contact us immediately if you believe that someone else has access to them or is using them. You must use the Membership Portal in accordance with the terms of use accepted by you when you first login, as amended from time to time. We are not responsible for any property you leave behind in the Premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. Prior to the termination or expiration of your Membership, you must remove all of your property from the Premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in the Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal. You must be 18 years or over to take out a StartNorth Coworking Space membership.

Membership Changes or Cancellation

We may amend these Terms at any time by providing 1 months’ written notice. If you are not satisfied with any proposed changes, contact any of our staff members and we will use reasonable endeavours to address your concerns. You may change your personal and billing information and change or cancel your Membership via the Membership Portal. You must do this at least 30 days prior to the day you require the change or cancellation to take effect. We may cancel your Membership with immediate effect if you: breach any of your other obligations as outlined by 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. Either party may cancel your Membership at any time by providing the other party with at least the Minimum Notice in writing. If you fail to give us the Minimum Notice, you shall remain liable for all Fees for the Minimum Notice period. We reserve the right to deduct from the Deposit any amounts owed to us by you, including, but not limited to, any outstanding Fees.

No Guarantee of Results

You acknowledge that StartNorth Coworking Space cannot guarantee that Your business will succeed. We make no representation as to the commercial utility of Our recommendations, or that the use of such recommendations will not infringe on any intellectual property rights of others. You are solely responsible for making all decisions and taking actions related to Your business, including compliance with all applicable laws and regulations.

Non-Disparagement

You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding the StartNorth Coworking Space, or any of the Coworking Space employees, policies, Services or products, other than to comply with law.

Notices and Bill Posters

Notices or advertising material cannot be exhibited externally or internally in the facility except during the conduct of a function and with prior approval of StartNorth Coworking Space staff. Staff may permit notices to be erected internally depending on the specific location and duration of stay within the facility required by the member.

Participation

Each member will be responsible for making their own arrangements for any mentoring personnel within their business. StartNorth Coworking Space staff reserve the right to refuse any mentor activity if they have reason to believe it would cause nuisance to other members.

Performing Rights

In the case of a dramatic performance, a concert, a visual / verbal art presentation or any other like presentation, the member warrants that they have obtained the appropriate rights, permissions authorisations, or otherwise to perform, play or otherwise broadcast any dramatic, musical or other art presentation.

Promotion and Marketing

By obtaining a Membership or otherwise accessing or using the Coworking space, you hereby grant us a non-revocable, royalty-free, worldwide licence to:

Take promotional photographs and videos of Member’s activities in the general working environment whilst in the Coworking space (“Media Content”); and

Distribute, license and otherwise exploit the Media Content through all media and in perpetuity (including without limitation social media, print, TV and digital) for marketing, promotional and other associated purposes in our sole discretion.

Review and Relocation

We may review Your use of the Coworking Space periodically and will take account of the progress of Your business, financial and other factors. Reviews may occur more than once in any 12-month period. For the purpose of better accommodating Your needs or the needs of current or prospective members, You agree to relinquish some or all of the Coworking Space area or private office and/or move to another area within the Centre if We request You to do so by giving one month’s notice. If You do not agree to relocate, We may terminate your membership by giving 14 days’ written notice.

Rules and Policies

From time to time, StartNorth may adopt rules and policies for the Coworking Space and You must comply with the adopted rules and policies as if they formed part of these Terms. Existing Members will be consulted on any proposed changes to rules and policies and may relate to the use of all or any of the Coworking Space area, the Common Areas and the Facilities. We may change the rules from time to time and You will be bound by the rules when You are notified of them. If there is any inconsistency between these Terms and the rules, these Terms prevail.

Security

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, is intended to remain confidential. We have adequate policies and procedures in place to protect Confidential Information you may 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. You are responsible for ensuring that your Proprietary and Confidential Information, and that of any of your employees, remains secure within the Coworking Space and through your use of the Coworking Services. We make no representations about the security of our internet connection, and you must take reasonable security measures (i.e. encryption) as are considered necessary for your business or enterprise. A door access code is required by all Members to access the Coworking Space outside of staffed hours and will be issued with your Membership. To ensure security in the Space you must not lend your access key to any other person, and must notify us immediately if it is lost or stolen. You may be required to present a valid, government-issued photo identification in order to gain access to our Premises. For security purposes, we may regularly record via video certain areas of our Premises. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your visitors or agents about this policy.

Staffed Hours

The StartNorth Coworking Space is staffed between the hours of 9:00am - 5:00pm on weekdays. (Excluding Public Holidays) These hours may be altered during public holidays and other miscellaneous times - so please refer to our website for our opening hours.

Non-Staffed Hours

Our 24/7 Coworking Space will not be staffed: 5:00pm – 9:00am on weekdays Weekends, Public Holidays Miscellaneous times

Operation of 24/7 CCTV Surveillance

The Coworking space is subject to closed circuit television camera (CCTV) surveillance, 24 hours a day. The Coworking space is also subject to remote video and other security services. However, this is not a guarantee against all instances of harm. The CCTV system is used for security purposes and is managed in accordance with Council’s CCTV camera policy, which control storage of and access to recorded images.

Emergencies

The centre has a Personal Duress button for safety and security reasons and to alert emergency services, for example, if you are, or feel threatened or need medical attention. Deliberate misuse of a Personal Duress button (as determined by StartNorth staff), will result in the any costs, loss or damages incurred being met by the member. In the event of a serious emergency outside of staffed hours, please contact emergency services on 000.

Smoking

Smoking is not permitted anywhere on the premises of the StartNorth Coworking Space Facility. The use of smoke machines is also prohibited in StartNorth Coworking Space.

Technology

Items of Member’s property which are stolen, damaged or lost will not to be replaced or reimbursed by StartNorth Coworking Space. The Services provided by Startnorth will include access to office space and equipment, computer workstations, Internet access, printing services, conference space, casual space, and kitchen facilities. Coworking software, a membership platform, and knowledge resources will also be made available to members. In order to provide Services to you, You may elect to install coworking software onto your computer, tablet, mobile device or other electronic equipment. We may also provide you with technical support at your request. StartNorth’s members share information network resources. Excessive use or abuse of these shared resources by one or more customers may have a negative impact on the user experience of other members. Misuse of network resources in a manner which impairs its performance is prohibited and may (in the opinion of StartNorth) result in cancellation of your membership. Members acknowledge that third party service providers have been engaged to provide products or services including the Membership Portal. These products and services may include access to data hosting, data retention in overseas locations, and may include access to advertisements for to third party products, services, advertisements or other materials. You must not send or distribute material which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings; You must not create, access, download, store, send or distribute any viruses, malware or other harmful programs or any other similar software or programs that may damage or hinder StartNorth’s delivery of the Services, another computer, or property of another party.

Terms, Not Lease

You agree that We have entered into these Terms with You on the basis that You have warranted to Us Your agreement that: The rights conferred on You rest in contract only and do not create any proprietary rights. These terms and conditions By agreeing to these Terms and Conditions, you are entitled to use the Coworking Space area, but not entitled to exclusive possession of that area subject to the Centre’s satisfaction. These Terms do not constitute a lease and You will not plead or represent to any person, tribunal Court or authority that this Agreement constitutes a lease nor will You make any claim under or seek to rely on any provision of the Retail Leases Act 2003 (Vic) in relation to this Agreement.

Theft

Neither StartNorth Coworking Space nor its staff and agents, shall be liable for any loss or damage sustained by the member. It is the responsibility of the member to secure any articles of value that either they or their visitors bring into the space. Articles stolen, damaged or lost will not to be replaced or reimbursed by StartNorth Coworking Space. We reserve the right to search bags and belongings on entry and exit.

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 the Coworking Space, providing the Services 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.

Feedback and Complaints

If you would like to provide feedback or make a complaint, please speak to a member of our staff team in the Coworking space, or email us at: [email protected]

Aceptar y Continuar