Terms and Conditions
WOTSO MEMBERSHIPS & SERVICES
1
Application
(a)
By accepting membership with WOTSO, or using any of the services provided by WOTSO at a WOTSO site (Site), you agree to be bound by these terms and conditions, and to procure that your employees and visitors, agents and contractors (together, Invitees) comply with these terms and conditions (as applicable).
(b)
These terms and conditions and any premises and services offered at each Site are subject to change from time to time at WOTSO’s sole discretion. Any changes will be effective upon notice, unless stated otherwise.
2
Photography
You agree and consent to being photographed by or on behalf of WOTSO whilst in and around any Site, 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)
Membership fees for the rent of space (Premises) 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)
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.
(c)
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, your employees and 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 for any excessive use (as determined by WOTSO at WOTSO’s sole discretion).
(c)
WOTSO coworking and WOTSO office members may nominate a Site as their business address and have mail delivered to the relevant Site for up to five nominated business names. WOTSO virtual office members may nominate a Site as their business address and have mail delivered to that Site for one nominated business name.
(d)
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 will pay for) any loss, damage or injury to you, WOTSO, the Site and third parties caused by you or resulting from, or incidental to, you or your employees or Invitees accessing and using the Premises and the Site; 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 or damage from any Premises or Site, howsoever occurring, or for any damage to a member’s property at a Site by a caretaker, cleaner or any employee, contractor, agent or invitee of WOTSO; or
(B) loss, injury or damage sustained by you or any other person as a result of the failure of any services or facilities provided by WOTSO or any other person at a Site, including as a result of the closure of a Site or restriction of access to the Premises under clause 9(b); 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, its related bodies corporate or their officers, employees, contractors or agents; and
(iv) you are solely responsible for the security of your property in the Premises and at a Site 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 employees, 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 coworking membership at any time.
(b)
Either party may terminate a WOTSO office membership on one month’s written notice.
(c)
Where WOTSO determines, at its sole discretion acting reasonably, that a member, their employees or any of their Invitees has or is likely to:
(i) breach any of these terms and conditions;
(ii) breach a law, regulation or order;
(iii) engage in misconduct; or
(iv) refuse to cooperate with a reasonable request or direction, it may take such action as it, at its sole discretion acting reasonably, deems appropriate including (but not limited to):
(v) immediately terminating the member’s membership; and
(vi) suspending or disabling the member’s access to the Site.
(d)
WOTSO reserves the right to withhold services and/or re-enter Premises without prior notice and will have a general lien on all member property that is physically situated in any Premises:
(i) where the member has failed to pay membership and/or service fees in accordance with these terms and conditions;
(ii) where the member has breached any of these terms and conditions (other than the requirement to pay membership and/or service fees) and fails to remedy that breach within seven days of notice; or
(iii) upon the member 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.
(e)
You will be liable for WOTSO’s reasonable costs in recovering any monies owed by you in accordance with these terms and conditions.
(f)
On termination you must pay all amounts due to WOTSO up to the date of
termination and must:
(i) leave the Premises clean and in good condition; and
(ii) remove your fixtures and signs and immediately remedy any damage caused to any part of a Site during such removal at your expense.
If you fail to do so, WOTSO may do so at your expense.
7
Parting with possession
You must not to assign, sublet, or part with possession of the Premises prior to termination of your membership.
8
Invitees
(a)
All Invitees entering a Site 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 Site staff know in advance to ensure that your Invitees are permitted to access to your Premises.
(c)
Invitees are not permitted at a Site outside regular staffing hours (being Monday to Friday 8am – 5pm) without WOTSO’s prior consent, and all doors are to remain closed. You must notify Site staff by email if you wish to bring Invitees to a Site outside regular staffing hours.
9
Use and care of Premises and Sites
(a)
You must:
(i) keep the Premises clean and free of dirt, rubbish, pests and vermin (including regularly removing garbage and waste);
(ii) only use designated areas at the Site for depositing rubbish;
(iii) not commit any nuisance, annoyance or harassment to anyone at a Site;
(iv) not interfere with or disrupt the use and enjoyment of a Site by other members and visitors;
(v) not sleep overnight at a Site;
(vi) not smoke at a Site;.
(vii) not use the Premises or the Site 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 employees and Invitees comply with this clause 9.
(b)
WOTSO may close a Site 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, accept approaches or 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 ceased employment with WOTSO.
(b)
This clause 10 survives termination of any membership.
11
Notices
(a)
Notices under these terms and conditions may be provided by email or otherwise be delivered or posted to the last address notified by a party to the other.
(b)
Any notice will be deemed to have been received if sent in accordance with clause 11(a).
(c)
You must promptly notify WOTSO by email of any change to your contact details (address, phone numbers and email address).
WOTSO MEETING ROOMS & EVENT SPACES
1
Application
These terms and conditions apply to all bookings made by or on behalf of WOTSO and non-
WOTSO members for any meeting or event space at any WOTSO site (Site), unless stated
otherwise.
2
Bookings
(a)
For all WOTSO member bookings, the full amount payable (including any additional charges incurred on the day) will be added to the invoice for that period.
(b)
For all non-WOTSO member bookings, the full amount payable will be charged to the nominated card at the time of booking. Any additional charges such as for catering or drinks ordered on the day, or for additional booking time, must be paid on the same day.
3
Cancellations & refunds
(a)
(b)
Meeting room bookings that are cancelled or reduced by written notice 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.
(c)
Meeting room bookings that are cancelled or reduced by written notice 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.
(d)
For event space bookings up to $5,000 (inclusive of catering and services), the cancellation notice periods in clauses 3(b) and 3(c) apply.
(e)
For event space bookings over $5,000 (inclusive of catering and services), any cancellation or reduction by written notice received by Site staff:
(i) at least one week before the start time 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 will be liable for 100% of the cost of the original booking, and will not be refunded or credited.
(f)
Any prebooked catering (excluding tea & coffee provided by the venue), hired AV services and any other services for meeting room or event space bookings that are cancelled less than 48 hours before the start time is liable for 100% of the cost of that service, and will not be refunded or credited.
(g)
If, for any reason, the meeting room or event space booked is no longer available at the time requested, notice will be given as soon as possible and, subject to availability, a room of similar or higher standard offered at the same rate.
4
Use of facilities
(a)
Any damage caused to the fixtures, fittings and equipment in any meeting room or event space by you or any of your Invitees will be charged to the payment method on file.
(b)
You agree not to conduct any illegal activities within any meeting room or event space.
(c)
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.
5
After hours/weekend bookings
Any meeting room or event space booking outside standard business hours (being Monday to Friday 8am – 6pm) will incur an additional staffing charge 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.
WOTSO STORAGE
1
Application
(a)
These terms and conditions apply to the hire of storage space at any WOTSO site
(Site) (Storage Space).
(b)
Clauses 2, 3, 4(a), 4(d), 6(c) to 6(f) (inclusive), 7, 8, 9, 10 and 11 of the WOTSO Memberships and Services terms and conditions are incorporated into these terms and conditions as if they were replicated in full, and any reference to ‘Premises’ is to be read as a reference to Storage Space.
2
Use of Storage Space
(a)
Without limiting the obligations under clause 9 of the WOTSO Memberships and Services terms and conditions, you must only use the Storage Space for the purpose of storage or such other activities permitted by WOTSO in writing.
(b)
You acknowledge and agree that you are solely responsible for locking the Storage Space and must properly lock the Storage Space when you are not in it.
(c)
You warrant that you:
(i) will at all times have knowledge of the goods stored in the Storage Space
(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 Storage Space for another space within the Site of similar dimensions and if it does so then you must relocate any Goods to that other storage space within the Site.
3
Entry and inspection by WOTSO
You consent to WOTSO entering and inspecting by any means (including obtaining CCTV or
other footage) the Storage Space immediately and without notice if in WOTSO’s reasonable
opinion entry of the Storage Space is required;
(a) due to an emergency or any threat to property, the environment or human life;
(b) to comply with any law, regulation or order; or
(c) to comply with a request by any relevant authority.
4
Risk, responsibility and insurance
(a)
You acknowledge and agree that:
(i) 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 Site, pests or vermin, burglary or theft by forcible entry into the Storage Space, or any defect in or failure of the Storage Space or any lock or other security system installed at the Site; and
(ii) you are responsible for (and will pay for) any loss, damage or injury to you, WOTSO, the Site, third parties and the true owner of the Goods, caused by you or resulting from, or incidental to, you or your employees or Invitees accessing and using the Storage Space and the Site (including by the storage of the Goods in the Storage Space) and/or the Goods themselves; and
(iii) you have no claim against WOTSO, and indemnify WOTSO, its related bodies corporate and their officers, employees, contractors and agents from and against all claims you may have, for any loss or destruction of or damage to property (including the Goods) or personal injury to or death of any person resulting from or incidental to any of the reasons or causes referred to in
clause 4(a)(ii) except to the extent caused by the negligence or default of WOTSO, its related bodies corporate or their officers, employees, contractors or agents; and
(iv) you are solely responsible for the security of the Good in the Storage Space and that the insurance of the Goods against the risks identified in this clause 4(a) while in storage is solely your responsibility.
(b)
This clause 4 survives termination of any Storage Space agreement (Agreement).
5
Termination
(a)
Either party may terminate an Agreement on one month’s written notice.
(b)
If after 7 days from the date of termination any Goods remain in the Storage Space they will be deemed abandoned in which case title to the abandoned Goods will be forfeited to WOTSO and become the property of WOTSO and may sold or disposed of by WOTSO as WOTSO sees fit.