General Terms and Conditions
1. Monthly Membership Dues.
The monthly fee will be x in membership fees. Payment is due on the same day of each month as expressed in individuals membership plan information. Each member will have a renewal date consistent with their first day as a member in the coworking space. Payment is late if received more than 3 days after the membership renewal date(10% late fee applied on the 4th day).
2. Complete and Binding Agreement.
All preliminary negotiations between the Parties are merged into and superseded by, the terms of this agreement will not be enforceable until signed by both Management and Member. Any modification to this agreement must be in writing, signed by both Parties.
3. Member Rights in the Premises.
Member(s) may share all of the common spaces (e.g collaborative workspace, hallways, and restrooms.) in the Premises equally with the other members. Members cannot sublease space nor resell any services already offered and sold by The Co-Lab, LLC. This includes, and is not limited to, sharing, gifting, or reselling meeting room hours or credits.
4. Guests.
A guest is defined as a person or persons that are visiting a member for a period not to exceed 4 hours.
5. Noise Level.
Members will maintain a noise level that will permit all members to work without disturbance.
6. Termination Notice.
The Co-Lab reserves the right to terminate any service at any time. The Co-Lab further reserves the right to terminate your participation in the use of any Services, immediately and without notice, if you fail to adhere to the Community Members Etiquette (enclosed). Month-to-Month - requires a 30 Day Notice/last day. This is the last day in which the 30 days are concluded 6-month Term - If the member does not wish to renew the agreement, a 30-day Notice must be submitted 30-days before agreement termination. 12-month Term - If the member does not wish to renew the agreement, a 30-day notice must be submitted 30-days before agreement termination
The following Terms of Use may be somewhat lengthy, but we want to be careful to ensure that everyone is adequately protected. Please feel free to contact us at thecolabsac@gmail.com with any questions regarding these terms.
The services The Co-Lab, LLC ("The Co-Lab") provides to you, the undersigned (including but not limited to use of office space and access to the Internet), are subject to the following Terms of Use ("TOU").
The Co-Lab reserves the right to update the TOU at any time. The Co-Lab will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement.
Description of Services.
The Co-Lab may provide you with access to office space, work stations, meeting rooms, Internet access, office equipment, event space, knowledge resources, and other amenities/services as The Co-Lab may provide from time to time (collectively, "Services"). The Services at all times are subject to the TOU.
No Unlawful or Prohibited Use.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any The Co-Lab server, or the network(s) connected to any The Co-Lab server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, accounts, computer systems or networks connected to any The Co-Lab server or any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
At this moment, you represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU. No further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement, or other instrument or obligation to which you are a party.
You agree that when participating in or using the Services, you will not: Resell, share, or gift member credits. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise); Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Co-Lab Services; Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
Upload files containing viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and distributed in such manner;
Restrict or inhibit any other user from using and enjoying the Services; Violate any code of conduct of other guidelines which may be applicable for any particular service); Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
Violate any applicable laws or regulations; and Create a false identity to mislead others.
The Co-Lab reserves the right at all times to disclose any information about you, your participation in and use of the Services as The Co-Lab deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Co-Lab sole discretion.
Confidentiality.
You acknowledge and agree that during your participation in and use of the Services, you may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by The Co-Lab, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary.
Confidential information also includes, without limitation, information about the business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of The Co-Lab or, any analyses, compilations, studies or other documents prepared by The Co-Lab, or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to maintain all Confidential Information in strict confidence; not to disclose Confidential Information to any third parties; not to use the Confidential Information in any way directly or indirectly detrimental to The Co-Lab, LLC, or any participant or user of the Services.
All Confidential Information remains the sole and exclusive property of The Co-Lab or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of The Co-Lab, LLC, or any participant or user of the Services. Participation In or Use of Services.
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Co-Lab does not have any liability concerning your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
Disclaimer of Warranties.
To the maximum extent permitted by applicable law, The Co-Lab provides the services "as is" and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, professional effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description, or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
Exclusion of Incidental, Consequential, and Certain Other Damages.
To the maximum extent permitted by applicable law, in no event shall The Co-Lab or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or additional information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The Co-Lab, and even if The Co-Lab has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
Limitation of Liability and Remedies.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of The Co-Lab or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD 10.00). The preceding limitations, exclusions, and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Indemnification.
You release, and hereby agree to indemnify, defend and save harmless The Co-Lab and The Co-Lab's subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys' fees and costs incurred by The Co-Lab or its respective officers and agents in connection with the defense of such claim or lawsuit.
Severability.
In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. Insurance. The Co-Lab will carry Liability and Business Personal Property insurance. As a user, it is strongly suggested that you take a Renters Insurance policy to cover your equipment while using our space. That policy may cover your current residence/office, as well as the premises of The Co-Lab.
**Community Guidelines **
Respect meeting space and policy (rooms, schedule, credits) Please utilize the member booking portal to find out the available times and dates for each meeting room. Not being conscientious of schedule times may negatively impact others. Members may use a meeting room without reservation to take a call that is no greater than 15 minutes. When taking a call that exceeds 15 minutes, members must reserve the room through the booking portal. If a long and important meeting is in your week's calendar, please reserve a meeting room as soon as you know it is needed. Member Credit may not be resold, shared, or gifted. Monthly credits do not rollover.
Cleanup
Cleanliness is essential, but especially in coworking spaces. With coworkers sharing one big space, please ensure your temporary workstation is clean and tidy before you leave. Don't forget to toss your coffee cup and space napkins, either. Common Courtesy in the Common Space. As a general rule, treat the space like how you want your home to be treated. This means eating only in designated areas, brushing up on the visitor policy, not taking items that are not yours, screaming in the hallways act. While this should go without saying, avoid discriminatory behavior and harassment toward your fellow members. -it's their space too!
Respect Boundaries
Please be mindful of other people's space. While our flex eating is assumed to be shared, a permanent desk is off-limits. If you see someone wearing headphones or immersed at work, don't distract them. This is an excellent opportunity to message your fellow coworking member on our app.
Contribute to your community. Ready to contribute? Not with money but with YOU. While The Co-Lab becomes an ambassador for you as soon as you sign-up, we still strongly encourage you as a member to network, introduce yourself and share what brings you to The Co-Lab. Welcome to our work family.
Furniture for Private Office Tenant
You agree to pay the monthly membership amount for the complete duration of Your term. At no time will You possess any rights or title to the furniture or electronics, nor are You allowed to assign, sub membership, or re-membership the furniture or electronics to anyone else. Failure to pay your membership fees may result in a submission of a negative credit report to reporting agencies. In addition, late payments or payments that we are unable to process will incur a penalty. Furthermore, after the first late payment, The Co-Lab reserves the right to terminate the agreement and repossess any services or amenities. You have a membership, whether under the same agreement or a previous one. We will also deduct the late payment from any deposit we may have, and if a balance remains, we will pursue the necessary means to recover those amounts.
FURNITURE
If you notice or are present when furniture becomes damaged you can raise a claim by notifying The Co-Lab within 24 hours of the furniture getting damaged. You will send a picture to The Co-Lab team to inspect the furniture and evaluate the cause and extent of the damage(s). Once the claim has been validated, The Co-Lab promises to replace the damaged item(s) at no additional cost to you with the same or similar furniture item(s), subject to availability. In cases where the extent of damage does not have a significant impact on the utility or aesthetics of the furniture, The Co-Lab may decide to continue using the damaged piece(s) until the decision is made to replace said furniture. Electronics will operate under the same guidelines as the furniture agreement.
The Co-Lab reserves the right to accept or reject these claims and is entitled to compensation if The Co-Lab finds that the furniture has been mishandled or was moved without The Co-Lab's knowledge or consent. The person(s) responsible will be required to compensate The Co-Lab for the cost of the damages to furniture/electronics.
CANCELLATION/TERMINATION/RETURNS
You may cancel the membership by emailing a notice of cancellation to thecolabsac@gmail.com or speaking with a representative. If you choose to cancel the membership, you must submit your request a minimum of one week prior to your membership renewal date. If you do not submit your request at least a week prior to your membership renewal date you may be charged a cancellation fee. You also have the ability to renew the term of the membership or cancel at will once you have satisfied the terms of your membership agreement and completed the duration of the membership.
Early Termination: Should You choose to terminate this membership prior to your membership term selected on the website, The Co-Lab reserves the right to levy an additional charge to your credit card on file.
The Co-Lab Code of Conduct
Rules to follow while in The Co-Lab Coworking Space
1. Respect others who are working in The Co-Lab space. Be mindful of others' space while they work.
2. When meeting or talking in the open workspace please be mindful of your noise level. Do not speak at a volume that will interfere with others ability to work and focus.
3. If you are taking a call that requires you to speak at a volume that could interfere with other’s ability to focus, please use the lobby, or meeting rooms.
Meeting Rooms: For any call or meeting taking place in a meeting room that exceeds 15 minutes, a reservation must be made through The Co-Lab coworking software. The Co-Lab reserves the right to charge a fee or remove credits for those who violate the use of meeting rooms conduct.
4. No children are permitted in the coworking space during operating hours.
5. Refrigerator and Freezer are open to public use. Be conscious of items in the fridge. Please be timely with items that have gone bad or empty containers that need to be taken home.
6. Kitchen: Kitchen area is open to public use. Please wash utensils and dispose of trash used to prepare food in a timely manner.
7. Items such as whiteboards, mobile smart tv’s, extension chords, chairs, and similar furniture may be moved around the coworking space as needed. Furniture and amenities must remain inside The Co-Lab space. Please return items to the place you found them.
8. The ping pong table is open for public use when it is set up in the events room. Members are not permitted to handle any items other than the ping pong equipment while in the events room.
9. The Co-Lab is not responsible for misplaced or mishandled belongings or injury due to misuse of the coworking space. Proceed in use of The Co-Lab Coworking Space at your own risk