pexels-the-coach-space-2977565.jpg

Co-working Space Terms & Conditions

Bayside Business Enterprise Centre

Coworking Terms and Conditions

 

The following paragraphs outline the terms and conditions (Terms) on which Bayside Business Enterprise Centre Ltd, ABN 87 003 435701 of 21a Dalley Ave Pagewood NSW 2019 (we, our, us) grants use of the coworking space to you. (you, your).

1. Definitions In these Terms, the following definitions apply:

Fees means the fees as agreed between us or as set out on the Website as applicable, and as may be varied by us from time to time in accordance with clause 5.5, plus any one-off charges accrued by you from time to time, such as printing and meeting room charges.

Confidential Information means any information that would reasonably be deemed confidential, including information relating to either party’s business, employees, clients, products and business processes.

Notice means the period of notice required to terminate the use of the co-working space.

Our property means any furniture, equipment, documents or other property in the Space that is owned or controlled by us or our service providers.

Policies mean any of our codes of conduct, policies and procedures accessible online or otherwise made available to you, as added or amended by us from time to time.

Services means the services included as identified on the Website, as updated and amended by us from time to time.

Space means the premises at 21A Dalley Avenue, Pagewood.

Team means any company or group that has entered into a license agreement with us for a private office or coworking space desks.

Your Property means any equipment, documents, property or possessions that you bring into the Space.

Website means our website located at www.baysidebec.com.au

 

 

2. The Coworking space

2.1. These Terms need to be agreed to by you before you can commence your use of the co – working space. 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 enquiries@baysidebec.com so we can try to address your concerns.

2.2. In consideration for you paying us the fees, we will endeavour to provide the services to the best of our ability, and in accordance with any of our policies. 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.

2.3. Your use of the co-working space, including a private office is personal to you and you may not transfer it to anyone else or allow anyone else to use it on your behalf.

2.4. You agree to keep your alarm code and the key box code provided to you in strict confidence, and they may not be provided to anyone else under any circumstances.

2.5. You agree and certify that you are fully vaccinated against Covid 19, and that you will obtain any further Covid 19 vaccines that may be recommended by the NSW Health Dept, in order to maintain your fully vaccinated status. You further agree, that if you have any symptoms of Covid 19 and feel unwell you will not attend the premises at 21A Dalley Ave Pagewood, until you have received a negative Covid test. You further indemnify Bayside Business Enterprise Centre Ltd, its offices and employees from any liability and hold them blameless in the unlikely event, that you contract Covid 19 at the Coworking space at 21A Dalley Ave Pagewood NSW 2035.

2.6. You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies.

2.7. You acknowledge and agree that:

a) your agreement is a license to use the Space, it does not give you an exclusive right to any part of the space, other than a private office if this forms part of your agreement, and no relationship of landlord and tenant is created between us and you by these Terms;

b) we retain control, possession and management of the space and you have no right to exclude us from your desk unless it if a private office;

c) you are responsible for ensuring that the space meets the needs of your business or enterprise. We make no warranties or representations that the space is suitable for the purpose you intend to use it for;

d) we will be entitled, at any time on giving reasonable notice, to require you to transfer to a comparable desk elsewhere within the Space and you will comply with such requirement; and

 

2.6. If you have access to the co-working space because you are part of a Team, clauses 4, 5 and 9 of these Terms do not apply to you, and are replaced by the relevant terms contained in your Team’s license agreement with us. If you have any questions in relation to such terms, please direct them to your Team’s authorised representative. The remainder of these Terms continue to apply, to the extent that they are not inconsistent with your Team’s license agreement.

3. The Space

3.1. The Space is a shared office and we ask that you consider other clients and use the Space in a respectful way. Offensive language, threatening behaviour, abuse of our staff or other clients and damage to Our Property, or the property of another client, will not be tolerated. We reserve the right to remove offenders from the Space, and suspend or cancel their co-working agreement.

3.2. You acknowledge that due to the shared nature of the Space, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other clients and staff in such circumstances.

3.3. We ensure that Our Property is maintained in a good condition and complies with any applicable legal or other regulatory requirements. It is your responsibility to ensure that Your Property is fit for purpose and is used in a safe manner, and complies with any safety or certification requirements set out in our Policies.

3.4. The Space is operated on Covid-19 minimisation principles. The office will be cleaned daily on weekdays. Hand sanitiser is available for your use and you are expected to use it frequently. When using common facilities, please wipe any areas you touch when finished.

We operate a 1.5 metre physical distance policy where possible within the confines of the Space.

Should it become necessary, we may require all occupants of the Space to wear a mask at certain times.

3.5. You acknowledge that you will be liable for, and agree to make good or indemnify us (at our option) for any damage caused to the Space or Our Property, or for any claim brought against us, caused or contributed to by:

a) malfunctioning or incorrectly used equipment brought into the Space by you, your employees or your visitors. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Australia; or

b) any of your acts or omissions, or those of your employees or visitors.

 

3.6. We take all reasonable measures to ensure the Space is a safe and healthy working environment. You are responsible for your own safety (and that of your employees and visitors) whilst in the Space. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable amount of care.

3.7. You must:

a) not use the Space for any illegal or noxious purpose;

b) not deface any walls or other surfaces in the Space; and

c) not permit smoking anywhere in the Space.

 

3.8. You may not alter the Space, bring any additional furniture or appliances into the Space or affix any wall hangings or fixtures to the Space walls or windows without express permission.

3.9. Each client is issued with access codes to access the Space. These access codes are not, under any circumstance, to be revealed to any other person.

3.9.A. You undertake to turn the alarm on if you are the last person to leave the coworking space, and to turn it off, if you are the first person to arrive at the premises. Failure to turn the alarm on can result in call out fees for the security company, or costs for Bayside BEC staff having to return to the office after hours to turn the alarm on. You agree to liable for these costs, should you fail to turn the alarm on when you are the last to leave the premises.

3.9.B. You may use the WIFI in the co-working space, however Bayside Business Enterprise Centre accepts no responsibility for the security of the WIFI, although every effort is made to ensure it is secure. By using the WIFI you indemnify Bayside Business Enterprise Centre Ltd, its offices and employees from any liability and hold them blameless.

Access codes, passes or keys are not transferable and must be returned to us at the end of your agreement. You must not lend your codes, access pass or key to any other person, and must notify us immediately if it is lost, stolen or compromised. In the event that your access pass or key is lost, we will issue you with a replacement at your expense.

4. Making Changes, Cancelling or Renewing

4.1. We may amend these Terms at any time. If you are unhappy with any proposed changes to these Terms contact us and we will reasonably endeavour to address your concerns.

4.2. You may change your personal and billing information by sending us an email. Any changes you make will come into immediate effect and any subsequent invoices will reflect the updated billing information.

4.3. You may request to cancel your agreement via email by giving one month’s notice.

4.4. We reserve the right to cancel your agreement at any time for any reason by providing you with one month’s written notice.

4.5. We may cancel your agreement with immediate effect if you:

a) breach your obligations in clauses 2.3, 2.4 or 2.5(e);

b) breach your obligations in clause 3.1;

c) breach any of your other obligations in these Terms and, if such breach is capable of remedy, you do not remedy your breach within 7 days of being notified by us;

d) fail to pay the Fees, and such failure is not remedied within 14 days of being notified by us; or

e) 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 and implement the required remedy.

4.6. Cancellation of your agreement under clauses 4.3, 4.4 or 4.5 will not entitle you to a refund for any portion of the Fees, and you will remain liable for any amounts which have become due but remain unpaid.

4.7. If your agreement has not been cancelled in accordance with clauses 4.3, 4.4 or 4.5, your agreement will automatically be renewed for the next month.

5. Co-working Agreement Fees

5.1. We will provide you with the Services in consideration for you paying the Fees, including any one-off charges accrued by you, in the manner identified in clause 5.2 and 5.3 below.

5.2. Unless otherwise agreed between us, payment is due within 7days of receipt of invoice.

5.5. The Fees are subject to review and may be increased at our discretion. You will be notified in writing 1 month prior to any increase in the Fees taking effect.

5.6. On termination or cancellation of your agreement you must make good, and will be liable for all associated costs of making good, any damage caused by you to the Space or Our Property which requires repairs. Any repairs must be arranged in consultation with us, and performed by contractors approved by us.

5.8. It is your responsibility to ensure that you return your access keys (or pass) and any other items of Our Property on termination or cancellation of your agreement. If you lose such items or fail to return them on cancellation, you will be required to reimburse us for any reasonable costs incurred.

 

 

6. Use of the Space as business address

You may utilise the space as a business address and for the purposes of receiving normal business correspondence.

 You are not permitted to use the space as your registered office or as your address as registered with ASIC.

7. Fair Use of the Space

7.1. We can only provide the Services for the Fees quoted if clients use the Space fairly. We believe that using the Space fairly means that you:

a) only use the Space for the number of days per month and during the times as per your agreement

b) familiarise yourself with and observe our Policies.

7.2. Employees and visitors who are not clients are only permitted in the Space during business hours (9am-5pm, Monday to Friday, excluding public holidays) unless permission is expressly sought from management.

7.3. Continued abuse of the fair use requirements in this clause 8 may result in the cancellation of your agreement.

8. Security and Confidential Information

8.1. Any Confidential Information you give us, or we give you, remains confidential. We have adequate policies and procedures in place to protect Confidential Information you 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.

8.2. The Space is a collaborative workspace, and you may find that you are working in close proximity to individuals or organisations that compete with your business. It is your responsibility to adequately protect your Confidential Information, and to ensure that you comply with any obligations of confidence you owe to any third party. We will not be liable for any unauthorised disclosure of your Confidential Information, unless such disclosure occurs as a result of a breach of our confidentiality obligations to you.

8.3. We make no representations about the security of our internet connections, and you must take reasonable security measures (i.e. encryption) as are necessary for your business or enterprise.

9. Liability and Insurance

9.1. We maintain 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 employees or visitors. You should make your own insurance arrangements to ensure that Your Property and any other liabilities are covered, including public liability and any State or Territory workers compensation insurance requirements. we do not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in the Space.

9.2. Our liability to you for breach of these Terms will be capped at an amount equal to the Fees paid or payable 1 month prior to the claim arising. We will not be liable for any indirect or consequential loss, including, but not limited to, any loss of actual or anticipated business, income or loss of opportunity.

9.3. You will indemnify us for any loss incurred by us or any claim brought against us resulting from a breach by you of these Terms or any action of your employees or visitors you bring into the Space.

9.4. Nothing in these Terms will 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.

10. Things Out of Our Control

Sometimes events happen that are out of our control. These include things like strikes, lockouts, accidents, war, pandemics, 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 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 cancel the agreement if the delay or failure continues for a period of 30 days or more.

11. Privacy

We are committed to maintaining the confidentiality and security of your personal information and managing it in an open and transparent way. We take our obligations under the Privacy Act 1988 and the Australia Privacy Principles very seriously and have implemented practices, procedures and systems to ensure we comply with those laws. You can access our privacy policy at https://www.baysidebec.com.au/privacy-policy.

We would like to thank our partners and sponsors for making Bayside BEC possible.

To play, press and hold the enter key. To stop, release the enter key.

press to zoom
press to zoom
press to zoom
press to zoom
press to zoom
press to zoom
press to zoom
press to zoom
press to zoom
press to zoom
press to zoom
press to zoom