Terms of Business
FOR WORKSPACE USERS
We Are Workspace Provision Co., hereafter referred to as “Workspace”. These are our terms of business. They
apply to the service Agreement which you the client have signed (which we refer to simply as your Agreement).
Your Agreement supersedes any previous Agreement you may have with us for the same services and contains all
the terms we have agreed.
SERVICES INCLUDED IN YOUR STANDARD FEE
1. Furnished Office Accommodation
We are to provide the number of serviced and fully furnished accommodations for which you have agreed to pay in
the Office Space stated in your Agreement (also referred to in this Agreement as “Accommodation(s)”). Your
Agreement lists the accommodations we have initially allocated for your use. Occasionally, we may need to allocate
different accommodations, but these will be of equivalent size and we will attempt to obtain your approval with respect
to such different accommodations in advance.
2. Network Connectivity
Please refer to our House Rules for the use of the free Workspace Internet. You must not copy, use or exploit such
software or other material in any way, unless we have explicitly given you permission to do so. You must strictly
comply with the terms of any permission that we give. We do not make any representations as to the security of our
network (or the Internet) or of any information that you place on it. You should adopt whatever security measures
(such as encryption) you believe are appropriate to your
circumstances.
We cannot guarantee that a particular degree of availability will be attained in connection with your use of the
services. We warrant that the services shall be provided and performed in a professional and workmanlike manner. If
we fail to
provide the services as warranted, your cure shall be the remedy of such failure by us within15 days after written
notice.
The above warranty is in lieu of all other terms, conditions, and warranties, whether express or implied by usage,
custom, statute or otherwise, appertaining to the services and manner in which we perform our obligations and
exercise our rights including, but without prejudice to the generality of the foregoing, such as relate to the description,
performance, quality, suitability or fitness for any particular purposes, of the services. We do not warrant that the
services will be uninterrupted or error free.
USING THE ACCOMMODATION
1. On Moving In
You will be asked to sign an inventory of all accommodation(s), furniture and equipment you are permitted to use,
together with a note of its condition, and details of the keys or entry cards issued to you.
2. Your Name And Address
At your request and cost we will include that name in the house directory at Office Space where this is available. You
must not put up any signs on the doors to your accommodation or anywhere else which is visible from outside the
accommodation you are using, without permission. You may use the Office Space address as your business address.
This is an added service called Mailbox with a cost of $50 per month. You must not use the center address as your
registered business address.
3. Taking Care Of Our Property
You must take good care of all parts of the Office Space, its equipment, fittings and furnishings which you use. You
must not alter any part of it. You are liable for any damage caused by you or those in the Office Space with your
permission or at your invitation.
4. Office Furniture And Equipment
Tenants must not install any furniture or office equipment, cabling, IT or telecom connections without our consent,
which we may refuse at our absolute discretion.
5. Keys And Security
Any keys or entry cards which we let you use remain our property at all times. You must not make any copies of them
or allow anyone else to use them without our consent. Any loss must be reported to us immediately and you must pay
the cost of replacement keys or cards and / or changing locks, if required. If you are permitted to use the Office Space
outside normal working hours, it is your responsibility to lock the doors to your accommodation and to the Office
Space when you leave.
6. Gym or outdoor space
Gym or outdoor space use is at your own risk. Workspace will not be responsible for injury or medical fees due to injury or health
issues from Gym use.
7. Comply With The Law
You must comply with all relevant laws and regulations in the conduct of your business. You must do nothing illegal.
You must not do anything that may interfere with the use of the Office Space by us or by others, cause any nuisance
or annoyance, increase the insurance premiums we have to pay or cause loss or damage to us or to the owner of any
interest in the building which contains the Office Space. You acknowledge that (a) the terms of the foregoing
sentence are a material inducement to us for the execution of your Agreement and (b) any violation by you of the
foregoing sentence shall constitute a
material default by you hereunder, entitling us to terminate your Agreement.
8. Comply With House Rules
You must comply with any house rules which we impose generally on users of the Office Space whether for reasons
of health and safety, fire precautions or otherwise.
9. Insurance
It is your responsibility to arrange insurance for your own property which you bring into the Office Space and for your
own liability to your employees and to third parties.
PROVIDING THE SERVICES
10. Access to Your Accommodation
We Access can enter your accommodation for reasons such as maintenance or cleaning, and unless there is an
emergency you will know ahead of time. We will also respect security procedures to protect the confidentiality of your
business.
11. At The Start Of Your Agreement
If for any reason we cannot provide the Accommodation(s) stated in your Agreement by the date when your
Agreement is due to start we have no liability to you for any loss or damages but you may cancel the Agreement
without penalty. We will not charge you the standard fee for any accommodations you cannot use until they become
available.
12. Suspension Of Services
We may by notice suspend the provision of services (including access to the Office Space) for reasons of political
unrest, strikes, or other events beyond our reasonable control, in which event payment of the standard fee will also be
suspended for the same period.
13. Our Liability
We are not liable for any loss as a result of our failure to provide a service as a result of mechanical breakdown,
strike, delay, failure of team, termination of our interest in the building containing the Office Space or otherwise unless
we do so deliberately or are grossly negligent. We are also not liable for any failure until you have informed us about it
in writing and given us 15 days to put right. In addition, client releases Workspace from any liability arising out of or
incurred in connection with any Client Mail.
You agree (a) that we will not have any liability for any loss, damage or claim which arises as a result of, or in
connection with, your Agreement and/or your use of the services except to the extent that such loss, damage,
expense or claim is directly attributable to our deliberate act or our gross negligence (our liability); and (b) that our
liability will be subject to the limits set out in the next paragraph.
We will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss
of or damage to data, third party claims or any consequential loss. We strongly advise you to insure against all such
potential loss, damage expense or liability.
We will be liable:
• up to a maximum of $1,000,000 (for any one event or series of connected events) for
damage to your personal property;
• up to a maximum equal to 125% of the total fees paid under your Agreement up to the date
on which the claim in question
• arises or $50,000 (whichever is the higher), in respect of all other losses, damages expenses
or claims.
YOUR AGREEMENT
14. The Nature Of Your Agreement
Your Agreement is the commercial equivalent of an Agreement for accommodation in a hotel. The whole of the
Office Space remains our property and in our possession and control. You acknowledge that your Agreement
creates no tenancy interest, leasehold estate or other real property interest in your favor with respect to the
accommodation. We are giving you just the right to share with us the use of the Office Space so that we can provide
the services to you. The Agreement is personal to you and cannot be transferred to anyone else. We may transfer
the benefit of your Agreement and our obligations under it at any time.
15. Duration
Your Agreement lasts for the period stated in it and will then automatically be extended for successive periods equal
to the current term but no less than 3 months until brought to an end by you or by us. All periods shall run to the last
day of the month in which they would otherwise expire. The fees on any renewal will be the market price listed on
the front of the service Agreement. In all other respects your Agreement will renew on the same terms and
conditions.
16. Bringing Your Agreement To An End
period, by giving at least three months written notice to the other. However, if your Agreement, extension or renewal is
for three months or less and one of us wishes to terminate it, the notice period is two months or if shorter one week
less than the period stated in your Agreement, extension or renewal.
17. Ending Your Agreement Immediately
We may put an end to your Agreement immediately by giving you notice if:
• you become insolvent, go into liquidation or become unable to pay your debts as they fall due,
• you are in breach of one of your obligations which cannot be put right or which we have given you notice
to put right and which you have failed to put right within fourteen days of that notice, or
• your conduct, or that of someone at the Office Space with your permission or at your invitation, is causing
disruption to the normal work of others and a written warning did not correct the situation
If we put an end to the Agreement for any of these reasons it does not put an end to any then outstanding
obligations you may have and you must:
• pay for any additional services you have used
• pay the standard fee for the period of the Lease Agreement used
18. If The Space Is Not Available
In the unlikely event that we are no longer able to provide the services and accommodation at the Office Space stated
in your Agreement then your Agreement end date will be adjusted accordingly. You will have the option to pay
standard fees up to the new Lease end date and any additional services needed up to the new end date, or you can
terminate immediately by bringing your account up to date. We will try to find suitable alternative accommodation for
you at another location, if desired.
19. When Agreement Ends
• If you choose to relocate to a different accommodation within the Office Space, a flat fee ($100.00 per
workstation/cube) will be assessed to cover the routine cost of repainting and redecorating the
accommodation to return it to its original condition in addition to general maintenance to the common
areas of the Office Space in which you have had access. We reserve the right to charge additional
reasonable fees for any repairs needed above and beyond normal wear and tear. If you leave any of your
own property in Office Space we may dispose of it in any way we choose without owing you any
responsibility for it or any proceeds of sale.
• In order to transition your mail and telephone calls from the Office Space, you will need to discuss terms
and pricing through your Workspace Manager.
20. Employees
While your Agreement is in force and for a period of six months after it ends, you must not solicit or offer employment
to any of our current employees or anyone who has left our employment in the last 3 months. If you do, we estimate
our loss at the equivalent of one year’s salary for each of the employees concerned and you must pay us damages
equal to that amount.
21. Notices
All Formal notices must be in writing. Client is responsible to keep updated address of record at Workspace.
22. Confidentiality
The terms of your Agreement are confidential. Neither of us may disclose them without the other’s consent unless
required to do so by law or an official authority. This obligation continues after your Agreement ends.
23. Indemnities
You must indemnify us in respect of all liability, claims, damages, loss and expenses which may arise (except to the
extent caused by gross negligence or willful misconduct).
• If someone dies or is injured while in the accommodation you are using
• From a third party in respect to your use of the Office Space and services.
• If you do not comply with the terms of your Agreement
• You must also pay any cost, including reasonable legal fees, which we incur in enforcing your Agreement
24. Data Protection
You agree that we may process, disclose or transfer (including outside the EEA – European Economic Area – to other
countries which are part of our international network from time to time) any personal data which we hold on or in
relation to you provided that in doing so we take such steps as we consider reasonable to ensure that it is used only
to fulfil our obligations under your Agreement; for work assessment and fraud prevention; or to make available
information about new or beneficial products and services offered by us and other organizations which we consider
may be of interest to you.
Please be aware that countries outside the EEA – European Economic Area – may not have laws in force to protect
your personal data.
25. Applicable Law
Your Agreement is interpreted and enforced in accordance with the laws of the state in which the Office Space in
question is located. We both accept the exclusive jurisdiction of the courts of such jurisdiction where the center is
located.
FEES
26. Deposit
You will be required to pay a Deposit equivalent to 1 month rent on entering into your Agreement. This will be held by
us as security for performance of all your obligations under your Agreement. The Deposit, or any balance after
deducting outstanding fees, or other costs due to us, will be returned to you within 30 days of the date you have
settled your account with us in full. We may require you to pay an increased deposit if outstanding fees exceed the
initial Deposit held or you frequently fail to pay us when due.
27. Late Payment
If you do not pay fees when due, a service fee of $25.00 plus 5% interest will be charged on all overdue balances
under $1,000.00 or a fee of $50.00 plus 5% interest on all overdue balances will be charged on all overdue balances
of $1,000.00 or greater. If you dispute a part of any invoice you must pay the amount not in dispute by the due date
or be subject to late fees. The amount of interest and fees we charge will be the lesser of the amounts stated, or the
State’s legally enforceable maximum, whichever is the lesser. In the case of U.S. Government Contracts, the amount
of interest and fees we charge will be lesser of the amounts stated or those set by the Secretary of the Treasury and
implemented by the Prompt Payment Act..
28. Insufficient Check Fees
You will pay a fee of $25.00 or the maximum amount permitted by law for the return of any payment for insufficient
funds.
29. Subordination
Your Agreement is subordinate to our lease with our landlord and to any other Agreements to which our lease with
our landlord is subordinate.
30. Increases
If entering into your Agreement under a special reduced rental price, Workspace reserves the right to increase rates
at renewal.
