Terms and Conditions
WOTSO MEMBERSHIPS & SERVICES
1
Application
(a)
By accepting membership with WOTSO, or using any of the services provided by WOTSO, you agree to be bound by these terms and conditions, and to procure that your employees, visitors, invitees, agents and contractors (together, Invitees) comply with these terms and conditions (as applicable) and the directions of WOTSO from time to time.
(b)
These terms and conditions and any spaces and services offered at any WOTSO location (Location) are subject to change from time to time at WOTSO’s sole discretion. Any changes will be effective upon notice, unless stated otherwise.
2
CCTV & Photography
(a)
WOTSO uses CCTV surveillance systems to monitor and record activities in and around the
common areas of Locations and WOTSO car parks to help maintain a safe and secure environment for employees, members and visitors. By accessing a Location or a WOTSO car park, you acknowledge and agree that your activities may be captured on WOTSO’s CCTV surveillance systems. This information may be used by WOTSO in connection with the management, safety and security of the Location, or investigating and preventing any potential, suspected, or actual breaches of law or fraudulent activities. Additionally, this information may be shared with police and other law enforcement agencies, government agencies or bodies, and other third party service providers or commercial partners from time to time (including insurers, retailers, security contractors and consultants) for those purposes. This information is held securely and in a format which is access controlled, unless it is necessary to use this information for these purposes.
(b)
You agree and consent to being photographed by or on behalf of WOTSO whilst in and around any Location, unless you specifically advise WOTSO otherwise. Photographs taken by or on behalf of WOTSO may be used for any reasonable use including (but not limited to) advertising, newsletters, marketing and webpage content. You agree that no royalty, fee or other compensation will be payable to you for the use of any such photographs.
3
Fees
(a)
Monthly membership fees for the use of any WOTSO space (Premises) and for virtual office services are payable monthly in advance and will be deducted on the first day of each month from your nominated credit card or via direct debit from your nominated bank account. A pro rata adjustment will be made for any broken period. An administrative fee of $10 will apply to any rejected payment.
(b)
For ad hoc bookings, including (but not limited to) coworking, office, meeting room or CookSpace bookings:
(i) the full amount payable will be charged to your nominated credit card at the time of booking. Any additional charges (e.g. catering or drinks ordered on the day, or for additional booking time), must be paid on the same day;
(ii) booking outside standard business hours (being Monday to Friday 8am6pm), will incur an additional staffing cost of $33/hour (inc. GST) on weeknights and $55/hour (inc. GST) on weekends. This also applies to bookings that commence during, but conclude outside, standard business hours;
(iii) all booking cancellations must be notified to Location staff in writing;
(iv) bookings that are cancelled or reduced by written notice:
(A) at least 24 hours before the start time will not be charged a cancellation or reduction fee, and will be refunded or credited at WOTSO’s sole discretion; and
(B) less than 24 hours before the start time will be liable for 100% of the cost of the original booking, and will not be refunded or credited; and
(v) if, for any reason, the Premises booked are no longer available at the time requested, notice will be given as soon as possible and, subject to availability, a space of similar or higher standard offered at the same rate.
(c)
Membership and service fees will be determined at WOTSO’s sole discretion, acting reasonably. You will receive at least 30 days’ notice of any change in fees.
(d)
Any money owing to WOTSO for more than 21 days will accrue interest at a rate of 10% per annum calculated daily until paid in full. You must reimburse WOTSO for the cost of any third-party debt collector engaged to recover any money owing by you to WOTSO.
4
Services
(a)
A reference to ‘services’ in these terms and conditions relates to any service (other than the rent of Premises) provided by WOTSO to you and your Invitees.
(b)
WIFI internet connection up to 250mbps is available on a fair use basis. WOTSO reserves the right to review your connection and charge you for any excessive use (as determined by WOTSO at its sole discretion).
(c)
WOTSO coworking and office members may register a Location as their registered address with ASIC or NZ Companies Office (as applicable) for one business, and have mail delivered to that Location for up to four additional businesses.
(d)
WOTSO virtual office members may nominate a Location as their professional business address and have mail delivered to that Location for one nominated business.
(e)
WOTSO virtual registered office members may register a Location as their registered address with ASIC or NZ Companies Office (as applicable) and have mail delivered to that Location for one nominated business.
(f)
Charges for the use of services (such as printing and telephone charges) will be added to your invoice for that period. Services will be charged in arrears on a monthly billing cycle.
5
Risk, responsibility and insurance
(a)
You acknowledge and agree that:
(i) you occupy the Premises at your own risk;
(ii) you are responsible for (and indemnify WOTSO for) any claim, loss, damage, liability or injury arising from, or incidental to, you and your Invitees accessing and using the Premises and the Location; and
(iii) to the maximum extent permitted by law, WOTSO, its related bodies corporate and their officers, employees, contractors and agents shall not be liable for any:
(A) theft, loss, injury or damage sustained by you or any other person, howsoever occurring, or for any damage to any property by a caretaker, cleaner or any employee, contractor, agent or invitee of WOTSO; or
(B) loss, injury or damage as a result of the failure of any services or facilities at a Location, including as a result of the closure of a Location or restriction of access to the Premises; or
(C) loss, damage, corruption of data or any loss of information whether from hardware, software or internet damage that may occur
except to the extent caused by the negligence or default of WOTSO; and
(iv) you are solely responsible for the security of your property in the Premises and Location and that the insurance of your property and your liability to any employees and third parties is solely your responsibility
(b)
WOTSO strongly recommends that you obtain appropriate insurance to cover:
(i) your personal property (including but not limited to furnishings and technology); and
(ii) any liability that you may owe to your Invitees or any other persons; and
(iii) any other risk that a prudent tenant would insure against.
(c)
This clause 5 survives termination of any membership.
6
Termination
(a)
Either party may terminate a WOTSO membership on one month’s written notice
(b)
WOTSO may terminate or suspend any membership and/or your access to a Location at any time and for any reason, including (but not limited to):
(i) breach of these terms and conditions; and
(ii) breach a law, regulation or order
(c)
WOTSO reserves the right to withhold services and/or re-enter Premises without prior notice and will have a general lien over all your property physically situated in any Premises:
(i) where you have failed to pay membership and/or service fees in accordance with these terms and conditions;
(ii) where you have breached any of these terms and conditions (other than the requirement to pay membership and/or service fees) and failed to remedy that breach within seven days of notice; or
(iii) upon you being declared bankrupt or insolvent or making any assignment for the benefit of creditors or taking the benefit of any legislation in force for the relief of bankrupts or insolvents.
(d)
You will be liable for WOTSO’s reasonable costs in recovering any monies owed by you in accordance with these terms and conditions.
(e)
On termination of a membership, you must pay all amounts due to WOTSO up to the date of termination and must:
(i) leave the Premises clean, tidy and in the same condition as at the commencement of your membership or booking;
(ii) return all keys and access passes to the Premises and Location;
(iii) remove your fixtures and signs and immediately remedy any damage caused to any part of a Location during such removal at your expense;
(iv) remove all references to any Location address associated with your business; and
(v) in the case of a virtual registered office membership, update the registered address of your business with ASIC or NZ Companies Office (as applicable) to remove reference to the Location address. If you fail to do so WOTSO may notify the relevant authority that it has withdrawn consent to your use of the Location address.
(f)
If you fail to comply with the requirements in this clause, WOTSO may do so at your expense.
(g)
If after 7 days from the date of termination of your membership any of your property remains in the Premises, it will be deemed abandoned in which case title to the abandoned property will be forfeited to WOTSO and become the property of WOTSO and may be sold or disposed of by WOTSO as WOTSO sees fit.
7
Parting with possession
(a)
You must not;
(a)
assign, sublet, or part with possession of the Premises prior to termination of your membership; or
(b)
share or on-sell any Location address to another individual or company.
8
Invitees
(a)
All Invitees entering a Location must sign in at reception and comply with any safety and emergency procedures.
(b)
If you are expecting an Invitee (including any contractor or courier) who requires access to your Premises in your absence, you must let the Location staff know in advance to ensure that your Invitees are permitted to access your Premises.
(c)
Invitees are not permitted at a Location outside regular staffing hours (being Monday to Friday 8am – 5pm) without WOTSO’s prior consent, and all entry doors should remain closed. You must notify Location staff in writing if you wish to bring Invitees to a Location outside regular staffing hours.
9
Use and care of Premises and Locations
(a)
You must:
(i) comply with all laws, regulations, orders and requirements of all relevant authorities relating to your use of the Premises;
(ii) report all accidents, injuries, damage, faults, breakages and spills immediately on becoming aware;
(iii) keep the Premises clean and free of dirt, rubbish, pests and vermin (including regularly removing rubbish and waste);
(iv) only use designated areas for depositing rubbish and waste;
(v) not commit any nuisance, annoyance or harassment to anyone at a Location;
(vi) not interfere with or disrupt the use and enjoyment of a Location by other members and visitors;
(vii) not sleep overnight at a Location;
(viii) not smoke at a Location;
(ix) not use the Premises or Location for any immoral or illegal purposes or in any way that breaches these terms and conditions or any applicable law, regulation or order,
and ensure that your Invitees comply with this clause 9.
(b)
You consent to WOTSO entering and inspecting the Premises by any means (including obtaining CCTV or other footage) immediately and without notice if in WOTSO’s reasonable opinion entry is required:
(i) due to an emergency or any threat to property, the environment or human life;
(ii) to comply with any law, regulation or order; or
(iii) to comply with a request by any relevant authority
(c)
WOTSO may close a Location or restrict access to the Premises:
(i) due to an emergency or any threat to property, the environment or human life;
(ii) to comply with any law, regulation or order; or
(iii) to comply with a request by any relevant authority,
for as long as WOTSO considers necessary, acting reasonably.
10
Non solicitation
(a)
You acknowledge and agree that WOTSO has a legitimate interest in protecting its confidential information, client connections and the stability of its workforce and that you must not:
(i) directly or indirectly, for your or any other person’s benefit and in any capacity, approach, contact, solicit or accept approaches for work from any WOTSO employee; or
(ii) solicit or encourage any WOTSO employee to provide services to or for you, or another person or business,
whilst they are an employee of WOTSO, and for a period of 3 months following the date on which the relevant employee ceases employment with WOTSO.
(b)
This clause 10 survives termination of any membership.
11
Notices
(a)
Notices under these terms and conditions may be delivered by email, hand delivery or by post to the last address notified by a party to the other.
(b)
Any notice will be deemed to have been received if delivered in accordance with clause 11(a).
(c)
You must promptly notify WOTSO by email of any change to your address, phone number, or email address.
WOTSO MEETING ROOMS & EVENT SPACES
1
Application
(a)
These terms and conditions apply to all bookings made by or on behalf of WOTSO members and non-members for any meeting room or event space (Space) at any Location.
(b)
The WOTSO Terms and Conditions (as updated and amended from time to time) are incorporated into these terms and conditions to the extent applicable as if they were replicated in full, and any reference to ‘Premises’ is to be read as a reference to Space. To the extent of any inconsistency between these terms and conditions and the WOTSO Terms and Conditions, these terms and conditions shall prevail.
2
Cancellations & refunds
(a)
For bookings up to $5,000, the cancellation notice periods in clause 3(b)(iv) of the WOTSO Terms and Conditions apply.
(b)
For bookings over $5,000, if written notice of cancellation or reduction is received by Location staff:
(i) at least one week before the start time, you will not be charged a cancellation or reduction fee, and will be refunded or credited at WOTSO’s sole discretion; or
(ii) less than one week before the start time, you will be liable for 100% of the cost of the original booking, and will not be refunded or credited.
(c)
You will be liable for 100% of the cost of any prebooked catering (excluding tea and coffee provided by WOTSO), hired AV services, and any other services for Space bookings that are cancelled less than 48 hours before the start time, and will not be refunded or credited.
3
Use of Space
(a)
WOTSO may at its absolute discretion and at any time substitute the Space for another space within the Location of similar or higher standard.
(b)
Where a bar fridge is made available to you, any product opened will be charged accordingly. You are responsible for monitoring responsible use by your Invitees.
(c)
At the end of your booking, you must remove all your property from the Space and leave it tidy. If you fail to do so, WOTSO may do so at your expense.
(d)
Any damage caused to the fixtures, fittings and equipment in any Space by you or your Invitees will be charged to the payment method on file.
WOTSO STORAGESPACE
1
Application
(a)
These additional terms and conditions apply to the hire of storage space at any Location (StorageSpace).
(b)
The WOTSO Terms and Conditions (as updated and amended from time to time) are incorporated into these terms and conditions to the extent applicable as if they were replicated in full, and any reference to ‘Premises’ is to be read as a reference to StorageSpace. To the extent of any inconsistency between these terms and conditions and the WOTSO Terms and Conditions, these terms and conditions shall prevail.
2
Use of Storage Space
(a)
Without limiting the obligations under clause 9 of the WOTSO Terms and Conditions, you must:
(i) only use the StorageSpace for the purpose of storage and such other activities permitted by WOTSO in writing;
(ii) not store batteries, ebikes or any other similar product in the StorageSpace; and
(iii) not charge any item or product in the StorageSpace.
(b)
You acknowledge and agree that you are solely responsible for locking the StorageSpace and must properly lock the StorageSpace when you are not in it.
(c)
You warrant that you:
(i) will at all times have knowledge of the goods stored in the StorageSpace (Goods) and accept that you will be deemed to have that knowledge; and
(ii) are the owner of the Goods and/or entitled to deal with the Goods.
(d)
WOTSO may at its absolute discretion and at any time substitute the StorageSpace for another space within the Location of similar dimensions and if it does so then you must relocate your Goods to that space.
3
Risk, responsibility and insurance
(a)
You acknowledge and agree that:
(i) you occupy the StorageSpace at your own risk;
(ii) the Goods are your responsibility and are stored at your sole risk, including in relation to the risk of physical loss, damage, destruction or deterioration for any reason and by any cause, including by fire, lightning, flood, storm, earthquake, leakage or overflow of water, rust, corrosion, mildew, heat, spillage of material from any other part of the Location, pests or vermin, burglary or theft by forcible entry into the StorageSpace, or any defect in or failure of the StorageSpace or any lock or other security system;
(iii) you are solely responsible for considering the replacement value of the Goods and maintaining an appropriate level of insurance coverage in relation to the Goods. In the event of loss or damage to the Goods, or caused by the Goods, you should not assume that WOTSO’s insurance covers such loss or damage;
(iv) you are responsible for (and indemnify WOTSO for) any claim, loss, damage, liability or injury arising from, or incidental to, you or your Invitees accessing and using the StorageSpace (including by the storage of the Goods) and/or the Goods themselves; and
(v) to the maximum extent permitted by law, WOTSO, its related bodies corporate and their officers, employees, contractors and agents shall not be liable for any:
(A) theft, loss, injury or damage sustained by you or any other person, howsoever occurring, or for any damage to any property by a caretaker, cleaner or any employee, contractor, agent or invitee of WOTSO; or
(B) loss, injury or damage as a result of the failure of any services or facilities, including as a result of the closure of or restriction of access to the StorageSpace,
except to the extent caused by the negligence or default of WOTSO.
(b)
This clause 3 survives termination of any StorageSpace agreement.
WOTSO COOKSPACE
1
Application
(a)
These terms and conditions apply to the hire of cook space at any Location (CookSpace).
(b)
The WOTSO Terms and Conditions (as updated and amended from time to time) are incorporated into these terms and conditions to the extent applicable as if they were replicated in full, and any reference to ‘Premises’ is to be read as a reference to CookSpace. To the extent of any inconsistency between these terms and conditions and the WOTSO Terms and Conditions, these terms and conditions shall prevail.
2
Use of CookSpace
(a)
Without limiting the obligations under clause 9 of the WOTSO Terms and Conditions, you must:
(i) comply with all applicable food safety legislation and council regulations relevant to your use of the CookSpace; and
(ii) hold all licenses and registrations required to operate in the CookSpace.
(b)
WOTSO may at its absolute discretion and at any time substitute the CookSpace for another space within the WOTSO location of similar dimensions and if it does so then you must relocate to that other space.
3
Equipment and facilities
You:
(a)
must use all equipment in the CookSpace safely, for its intended purpose, and in accordance with manufacturers’ instructions;
(b)
are responsible for:
(i) supplying your own ingredients, utensils, pots, pans and consumables; and
(ii) cleaning the CookSpace after use and returning it and all equipment to their condition at the commencement of your booking; and
(c)
must report all accidents, injuries, damage, faults, breakages and spills immediately on becoming aware.
4
Indemnity and liability
You acknowledge and agree that:
(a)
you occupy the CookSpace at your own risk;
(b)
you are solely responsible for all products prepared, stored or produced by you and your Invitees, including labelling, allergen management and safe handling practices;
(c)
you are responsible for (and indemnify WOTSO for) any claim, loss, damage, liability or injury arising from, or incidental to, you and your Invitees accessing and using the CookSpace;
(d)
to the maximum extent permitted by law, WOTSO, its related bodies corporate and their officers, employees, contractors and agents shall not be liable for any:
(i) theft, loss, injury or damage sustained by you or any other person, howsoever occurring, or for any damage to any property by a caretaker, cleaner or any employee, contractor, agent or invitee of WOTSO; or
(ii) loss, injury or damage as a result of the failure of any services or facilities, including as a result of the closure of or restriction of access to the CookSpace,
except to the extent caused by the negligence or default of WOTSO; and
(e)
you are solely responsible for the security of your property in the CookSpace and that the insurance of your property and your liability to any employees and third parties is solely your responsibility.
This clause 4 survives termination of any CookSpace agreement.
5
Insurance
You must:
(a)
maintain public and products liability insurance for not less than $20 million per occurrence, including cover for damage to any property within your care, custody or control within the CookSpace; and
(b)
maintain any other insurance required for your operations in and from the CookSpace, including (but not limited) to workers compensation insurance, contents insurance, and business interruption cover (where applicable); and
(c)
provide evidence of the insurances required under this clause prior to accessing the CookSpace and whenever requested by WOTSO.
6
No partnership
(a)
Nothing in these terms and conditions creates any partnership, employment or agency relationship between you and WOTSO. You acknowledge and agree that any business operated by you at the CookSpace is independent of WOTSO and that you remain solely responsible for all services, decisions and outcomes related to your business at the CookSpace.
WOTSO HEALTHSPACE
1
Application
(a)
These terms and conditions apply to the hire of health space at any Location (HealthSpace).
(b)
The WOTSO Terms and Conditions (as updated and amended from time to time) are incorporated into these terms and conditions to the extent applicable as if they were replicated in full, and any reference to ‘Premises’ is to be read as a reference to HealthSpace. To the extent of any inconsistency between these terms and conditions and the WOTSO Terms and Conditions, these terms and conditions shall prevail.
2
Use of HealthSpace
(a)
You must:
(i) comply with all applicable legislation, council regulations and professional requirements relevant to your use of HealthSpace; and
(ii) hold all licenses and registrations required to operate in HealthSpace.
(b)
WOTSO may at its absolute discretion and at any time substitute the HealthSpace for another space within the WOTSO location of similar dimensions and if it does so you must relocate to that other space.
3
Equipment and facilities
You:
(a)
are responsible for:
(i) supplying your own equipment, materials and consumables;
(ii) disposing of any clinical or hazardous waste appropriately (including sharps, if applicable) in accordance with applicable laws, which must not be placed in WOTSO’s general waste; and
(iii) cleaning and resetting the HealthSpace at the end of your booking;
(b)
will be charged a cleaning fee of not less than $250 if the HealthSpace is not left in the condition required under these terms and conditions; and
(c)
must report all accidents, injuries, damage, faults, breakages and spills immediately on becoming aware.
4
Indemnity and liability
You acknowledge and agree that:
(a)
you occupy the HealthSpace at your own risk;
(b)
you are responsible for maintaining appropriate hygiene and infection control practices in connection with your operations at HealthSpace;
(c)
you are responsible for (and indemnify WOTSO for) any claim, loss, damage, liability or injury arising from, or incidental to, you and your Invitees accessing and using the HealthSpace;
(d)
to the maximum extent permitted by law, WOTSO, its related bodies corporate and their officers, employees, contractors and agents shall not be liable for any:
(i) theft, loss, injury or damage sustained by you or any other person, howsoever occurring, or for any damage to any property by a caretaker, cleaner or any employee, contractor, agent or invitee of WOTSO; or
(ii) loss, injury or damage as a result of the failure of any services or facilities, including as a result of the closure of or restriction of access to the HealthSpace,
except to the extent caused by the negligence or default of WOTSO; and
(e)
you are solely responsible for the security of your property in the HealthSpace and that the insurance of your property and your liability to any employees and third parties is solely your responsibility.
This clause 4 survives termination of any HealthSpace agreement.
5
Insurance
You must:
(a)
maintain public and products liability insurance for not less than $20 million per occurrence, including cover for damage to property in your care, custody or control;
(b)
maintain professional indemnity insurance appropriate for the nature of your operations at HealthSpace;
(c)
maintain any other insurance required for your operations in and from the HealthSpace, including (but not limited) to workers compensation insurance, contents insurance, and business interruption cover (where applicable); and
(d)
provide evidence of the insurances required under this clause prior to accessing the HealthSpace and whenever requested by WOTSO.
6
No partnership
(a)
Nothing in these terms and conditions creates any partnership, employment or agency relationship between you and WOTSO. You acknowledge and agree that any business operated by you at the HealthSpace is independent of WOTSO and that you remain solely responsible for all services, decisions and outcomes related to your business at the HealthSpace.
