Terms and Conditions
Terms and conditions – Shared WorkSpace Membership
- By accepting membership with WOTSO Workspace, you agree to be bound by these terms and conditions.
- There is no minimum membership term and either you or WOTSO Workspace may cancel the membership at any time in writing.
Membership fees are payable monthly in advance and will be deducted from your credit card or via direct debit from your nominated bank account. A penalty fee of $10 will apply to rejected payments and interest may be charged at 5% above BBSY.
You will receive at least 14 days’ notice of changes in membership fees.
Payment for use of additional services or amenities (such as photocopying) will be direct debited in a subsequent payment run. An internet connection is available for unlimited access, however, WOTSO WorkSpace reserves the right to bar connection in the case of excessive or illegal use.
You agree that you are solely responsible for the security of your property in the workspace. It is your responsibility to arrange insurance for your own property which you bring to the workspace and for your own liability to your employees and to third parties. WOTSO WorkSpace strongly recommends that you put such insurance in place.
WOTSO Workspace has the right to withhold services, restrict entry into the workspace and shall have a general lien on all of your property physically situated on any part of WOTSO Workspace premises:
- where you have failed to pay for rent or services in accordance with this agreement: or
- where you have breached any term of this agreement and fail to remedy that breach within seven days of being requested by WOTSO Workspace to do so.
To the maximum extent permitted under the law:
- WOTSO Workspace, its related bodies corporate, their officers, employees, contractors and agents (“WOTSO Parties”) shall not be liable for any theft, loss or damage from the workspace howsoever occurring or for any damage done to the furniture or other effects of any other member in the workspace by the caretaker, cleaners or any employees, contractors, agents or invitees of WOTSO Workspace.
- The WOTSO Parties shall not be liable for any loss, damage or loss of information resulting from communications or data failure including voice, communication and the Internet.
- The WOTSO Parties shall not be liable for any loss, damage, corruption of data or any loss of information whether from hardware, software or Internet damage that may occur to a member during the term of this Agreement.
This clause “Liability” survives termination of this Agreement.
You must repair any damage to the workspace including fixtures and fittings resulting from neglect, omission or a deliberate or careless act or a breach of this Agreement by you or any person who enters the workspace with your consent or sufferance.
Any money owing to WOTSO WorkSpace for more than 21 days shall bear interest of 10% per annum calculated daily until paid in full.
Terms and Conditions – Serviced Office
The office is offered on a monthly tenancy. Either party may end this agreement by giving one month’s written notice.
The rent per month shall be payable monthly in advance and will be debited from the Tenant’s nominated credit card or bank account on the first day of each month, and in respect of any broken period a pro-rata adjustment shall be made. A penalty fee of $10 will apply to rejected payments and interest may be charged at 5% above BBSY.
Rental cost is as set out in schedule 2 of this agreement.
Rent will be determined at the Landlord’s discretion with 30 days notice given of any change in rent.
In the event that the Landlord or any business affiliated with the Landlord shall provide to the Tenant any services, the Landlord shall be entitled to charge the Tenant for those services in a subsequent monthly payment run.
The security deposit lodged by the Tenant under this Rental Agreement is lodged as security for the Landlord or his agent against default by the Tenant and as security for the Tenant’s liability for the Services. The Landlord shall be entitled to deduct from the security deposit any monies owed to the Landlord for the Services or apply the same towards the satisfaction of any amount that may be payable to the Landlord or to a third party in respect of this Rental Agreement for any reason. Neither the giving of the security deposit nor any deduction from it by the Landlord shall relieve the Tenant from any of its obligations under this Rental Agreement or act as a waiver of or otherwise limit the Landlord’s right to recover against the Tenant for any breach of this Rental Agreement. The Landlord shall be entitled to continue to hold the security deposit until all the obligations of the Tenant under this Rental Agreement have been satisfied. Subject to the above, the security deposit is refundable to the Tenant only after a written request has been made by the Tenant. Demand for refund cannot be made less than 30 days after the termination of this Rental Agreement and in any event not before the Tenant has complied with all its obligations under this Rental Agreement.
Use and Care of Premises
- To take care of the Premises and to keep them in a clean condition.
- To make no alterations or additions or install heavy equipment to the Premises without the written consent of the Landlord.
- To ensure that nothing is done that might prejudice any insurance that the Landlord has in relation to the Premises.
- To ensure that rubbish or waste matter is not accumulated on the Premises and ensure all refuse and rubbish is regularly removed.
- Not to sleep overnight or permit to anyone to sleep on the Premises overnight.
- Not to hold or permit to be held any sale by auction on the Premises.
- Not to smoke in the office.
- Not to use the Premises for any immoral or illegal purposes.
- Not to use or permit to be used any communication or other equipment or machines by or for any other Tenant of the Landlord.
- Not to divert or transfer any communications whether oral, or in written data in any form to any PABX telephone system or electronic receiving device owned by the Landlord or its agents, without the written consent of the Landlord.
Any written notice required or authorised by the Rental Agreement:
- Shall be deemed to have been served on the Tenant if delivered to the Premises or posted to the last known address of the Tenant and in the latter case shall be deemed to have been served on the second working day after posting.
- Shall be deemed to have been served on the Landlord only if hand delivered to the Landlord marked attention Property Manager.
- Unless your rental agreement provides for a minimum term the Landlord may terminate it by giving one month’s written notice to the Tenant.
- The Landlord shall have the right to withhold Services (including incoming and outgoing telephone calls) and/or re-enter the Premises without prior notice and shall have a general lien on all property of the Tenant physically situated on any premises of the Landlord:
- Where the Tenant has failed to pay for rent or services in accordance with this rental agreement: or
- Where the Tenant has breached any term of the Rental Agreement and fails to remedy that breach within seven days of being requested by the Landlord to do so: or
- Upon the Tenant being declared bankrupt or insolvent or making any assignment for the benefit of creditors or taking the benefit of any Act now or hereafter to be in force for the relief of bankrupts or insolvents.
- The Tenant will be responsible for the Landlord’s reasonable costs in recovering any monies owed under this agreement.
- The Tenant may remove their fixtures and signs provided that any damage or defacement occasioned to any part of the Premises in the course of such removal shall be remedied by the Tenant immediately and at their own expense. If he/she fails to do so the Landlord may do so at the Tenant’s expense.
- Upon the termination or determination of the Rental Agreement for any cause the Tenant shall promptly and peacefully give vacant possession of the Premises in the condition and state of repair required under the section Use and Care of Premises of this Rental Agreement and at the same time hand over all keys and access cards.
- At the time of termination a fee for restoration and make good of the premises will be invoiced and charged to the nominated credit card on file. Restoration will be carried out by the Landlord’s nominated contractors and personnel. Rental for the time taken to restore/clean will be charged at the rate applicable immediately prior to vacation.
- If the Tenant fails to demand the refund of the security deposit within 365 days after the date of termination of this Rental Agreement, the security deposit shall be deemed forfeited to the Landlord absolutely.
Parting with Possession
Not to assign or sub-let or part with possession of the Premises.
- To pay all charges for Services rendered by the Landlord to the Tenant at the rates stipulated by the Landlord from time to time.
- Not to at any time directly, or indirectly through another business or affiliate, provide to any other Tenant of the Landlord any of the Services provided by the Landlord or by any company affiliated with the Landlord.
- The Tenant must provide one month’s notice to the Landlord in writing to terminate monthly service rentals.
- The Tenant acknowledges that the Landlord owns all telephone numbers and I.P. addresses allocated to the Tenant, and agrees that they are only made available to the Tenant while they have an Agreement with WOTSO WorkSpace.
- The Landlord retains the right to not accept any excessively large, unreasonable or unlawful packages.
- ADSL connection is available for unlimited access. WOTSO WorkSpace reserves the right to bar connection in the case of excessive or illegal use.
- Telephone call charges will be invoiced in arrears and will appear on the monthly rental invoice as a service charge. A detailed call listing may be issued monthly upon request.
- From experience the WOTSO WorkSpace Reception Desk can receive approximately ten to 15 calls per day on behalf of each tenant. If the Receptionist answers more than 15 calls per day due to high volume or media response, his/her time will be allocated to you and billed at the end of the month.
WOTSO WorkSpace Staff
- The Tenant acknowledges that the Services will be shared with other Tenants of the Landlord.
- Not to abuse or mistreat any persons employed by the Landlord or damage or mistreat any equipment provided by the Landlord as part of the Services.
To the maximum extent permitted under the law:
- The Landlord, its related bodies corporate, their officers, employees, contractors and agents (“Landlord Parties”) shall not be liable for any theft, loss or damage from the Premises (being the suite(s) occupied by the Tenant) howsoever occurring or for any damage done to the furniture or other effects of any Tenant in the Premises by the caretaker or cleaners or any employees, agents or invitees of the Landlord.
- The Landlord Parties shall not be liable for any loss, damage or loss of information resulting from communications or data failure including voice, communication and the Internet.
- The Landlord Parties shall not be liable for any loss, damage, corruption of data or any loss of information whether from hardware, software or Internet damage that may occur to the Tenant during the term of this Agreement.
This clause “Liability” survives termination of this Agreement.
To repair in a proper way any damage to the Premises and fixtures and fittings resulting from neglect, omission or a deliberate or careless act or a breach of any condition of the Rental Agreement by the Tenant or any person who enters or is upon the Premises with the consent or sufferance of the Tenant. If he/she fails to do so the Landlord may do so at the Tenant’s expense.
Any invoice issued by the Landlord to the Tenant shall constitute a formal demand for payment. Any monies owing to the Landlord for more than twenty-one days shall bear an interest fee at the current National Australia Bank daily interest rate per month until payment is received. Notwithstanding payment of the outstanding fees and interest, WOTSO WorkSpace retains the right to terminate this Rental Agreement, under the terms and conditions of this Agreement.
Agreement to terms
By commencing a lease of Premises from the Landlord, you agree to be bound by these terms as amended from time to time.
WOTSO WorkSpace Meeting Room and Event Space booking
The below terms apply to;
- All bookings made by or on behalf of a non-WOTSO member/tenant for any space at any of our locations. Please refer to website for full list.
- All bookings made by or on behalf of existing member or tenant for any space at any of our locations.
- Any external booking at any WOTSO location is not confirmed until payment has been received and a confirmation email received from either the WorkSpace manager or reception staff for the location chosen.
- For all external bookings, 100% of the amount payable is charged to the nominated card at the time of booking, regardless of when the meeting is booked for. For all member bookings the full amount will be added to the invoicing for that schedule and charged accordingly.
- Any additional charges such as catering/drinks ordered on the day or extra time added must be paid for in cash or by card at the time of booking or added to the invoice for that billing cycle.
Cancellations & refunds
- Any meeting room booking that is cancelled in writing up to 24 hours before the start time will not be charged.
- Any meeting room booking that is cancelled in writing less than 24 hours before the start time is liable for 100% of the cost and no refunds will be given.
- For event space bookings totalling up to $5,000.00 AUD (or equivalent) – cancellation notice periods and terms are the same as a meeting room booking.
- For event space bookings of $5,001.00 AUD (or equivalent) and upwards, any cancellation received in writing up to one week before the start of the event will not be charged.
- Any event space booking more than the threshold which is cancelled in writing less than one week before the start time is liable for 100% of the cost and no refunds will be given.
- Any booked catering services (excluding tea & coffee provided by the venue) that are cancelled less than 48hours before the start time shall be liable for 100% of cost. The WorkSpace Manager shall undertake to reduce this charge from the supplier where possible, but if production has commenced then all associated costs fall to the booker.
- Any reductions in booking length made on the day of use shall not be refunded.
- Any hired AV services or other event/meeting room services cancelled less than 48hours prior to the event shall be liable for 100% of the cost.
- If for any reason the room booked is no longer available at the time requested, notice shall be given to the booker as soon as possible and a room of similar or higher standard offered in place for the same rate.
- Disputes regarding cancelled services and payment should be made in writing to the WorkSpace Manager.
Use of facilities
- Any damage caused to the fixtures, fittings and included equipment of the booked space by the booker and any attendees/colleagues will be charged to the card on file.
- The booker agrees not to conduct any illegal activities within the spaces, including the use of any illicit substances.
- Where a bar fridge is made available to attendees, any product opened will be charged accordingly. The booker is responsible for monitoring responsible use by attendees.
After hours/weekend bookings
- Any meeting booked at any WOTSO location outside standard business hours (Monday to Friday 8.00am – 6.00pm) has a non-negotiable 20% surcharge applied. This also applies to any time outside standard hours for meetings that commence within them.
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