Termes et conditions
TERMS AND CONDITIONS
- "Member” means each person you authorize on your Member List as being allowed to use your Office Space and receive the Services (defined below) or other benefits of your 360WorkHub Membership. “Authorized Signatory” is defined as an individual authorized to legally bind your company. “Project” means the building in which the Office Space is located, as set forth in this Membership Agreement. “Member Company” means a company, entity, or individual that enters into a Membership Agreement with 360WorkHub, including without limitation for a 360WorkHub Membership or 360WorkHub Office Membership. “Office Space” means the office number and/or workspace location(s) specified in this Membership Agreement. “Project” means a portion of a building in which 360WorkHub offers or plans to offer offices, workstations, other workspaces, and/or other services to Member Companies.
- “Primary Member” means the primary in-Project Member contact for 360WorkHub.
- “Start Date” means the date set forth in this Membership Agreement in which the Primary Member/Members may use the premises.
- “End Date” means the date set forth in this Membership Agreement in which the Primary Member/Members may no longer gain access to use the premises.
- “360WorkHub,” “we” or “us” means the 360WorkHub entity you are contracting with, which may be amended by 360WorkHub from time to time.
- “You” means the Primary Member or other Members listed on the Membership Details form.
- THE BENEFITS OF MEMBERSHIP
Services. Subject to the terms and conditions of this agreement, including any attachments, exhibits, and addenda (collectively, this “Membership Agreement”) and any other policies we may make available to you from time to time, during the Term (defined below), 360WorkHub will use commercially reasonable efforts to provide you (and your Members, as applicable) the services described below. These services are referred to in this Membership Agreement as the “Services.”
Permitted use for office only
All member needs to be 18 years or older to be a member
Non-exclusive access to the Office Space.
Regular maintenance of the Office Space, consistent with the maintenance provided to similar workspaces in the Project, provided that we will not be responsible for damage exceeding normal wear and tear.
360Workhub is not a lease, however membership will grant the use of space.
Furnishings for the Office Space of the quality and in the quantity typically provided to other 360WorkHub Member Companies with similar office space, workstations, and/or other workspace, as applicable, in the Project.
Access to and use of the 360WorkHub Community Board.
Access to and use of the shared Internet connection.
Use of the printers, copiers and/or scanners made publicly available in the Project.
Use of the conference rooms in any 360WorkHub Project during such Project’ Regular Business Hours on Regular Business Days, subject to availability and your prior reservation of such conference rooms.
Heat and air-conditioning in the Office Space during Regular Business Hours on Regular Business Days.
Acceptance of mail and deliveries on behalf of your business during Regular Business Hours on Regular Business Days; provided that we are not liable for any mail or packages received without a 360WorkHub employee’s signature indicating acceptance.
Business Hours/Days. “Regular Business Hours” are generally from 8:00 a.m. to 5:00 p.m. on Regular Business Days in the time zone where the applicable Office Space is located. “Regular Business Days” are all weekdays, except local Federally observed holidays and up to three other days of which we will inform you.
Guest/ Visitors. “ Guest and Visitor Hours” are from 8:00 a.m to 5:00 p.m on Regular Business Days.
“Guest and visitors” are defined as any person without a 360Workhub Membership visiting a member at 360Workhub will hereinafter referred to as Guests of the Facility. Members must be present while their guests are onsite. For security reasons, we don’t allow guests to enter our space without approval from a member and acknowledgement that they’ll be onsite while the guest is there. “ Guest and Visitors” are only allowed to access to the common area unless the member has its own private space to accommodate. Any “Guest and visitors” who occupied our facility for more than 2 hours will be qualified as a day pass user and the fee will automatically apply to the member account. The Membership Discount rate for Day Pass fee is $15.00.
All Guest/ Visitor are required to sign in at the reception desk with NO EXCEPTIONS!
Visitors who do not comply, will be in violation of the Policy & Rules and asked to sign in or leave the premises.
Non-member attending conferences at 360Workhub will be considered a Guest for the conference. Member whom is responsible for the conference must be present while their guests are onsite. Conference Guests will only be allowed to stay during the duration of the conference booking.
Conference Usage. “ Conference Hours” are from 8:00 a.m to 7:00 p.m., Monday through Friday. Small conference rooms (under 6 people) and Large conference rooms (10+ people) are hourly based. Membership conference room hours do not roll over month to month. They reset on the first of every month. Any unattended conference hours that is booked will not be credited back to the account unless it is canceled.
- Below is a list of conference room credits allotted per month and discounted rates by membership type:
- Virtual: 0 Hours, Standard rate for conference booking
- Flex: 0 Hours, Standard rate for conference booking
- Flex unlimited: 2 Hours, Discount rate for additional hours is $20/hr during regular business hours
- Dedicated Desk: 4 Hours, Discount rate for additional hours is $20/hr during regular business hours
- Private Office: 6 Hours, Discount rate for additional hours is $20/hr during regular business hours
If a member goes over their allotted amount of credits, they will be charged $20 for each additional hour and it will automatically applied to their next month's invoice.
Any Conference after 7:00 p.m will be considered a “After Business Hours” booking in which your membership conference hours does not apply. Rates for After business hours for members is $30.00/hr ( Large Conference ) and $20/hr ( Small Conference ). For any Non Member of 360Workhub, the standard rate will apply accordingly to the type of conference booked.
Day Pass Usage. “ Day Pass Usage” are from 8:00 a.m to 5:00 p.m., Monday through Friday. Day Pass Users are only allowed to access to the common area with basic wifi connection. Day Pass is not transferable and restricted to printing.
Printing Usage. “ Printing Usage” is a complimentary services that 360Workhub provided and is not a part of your membership agreement. Printer may or may not be available. Virtual and Day Pass users do not have printing access and will result in an additional charges if fail to comply. For any troubleshoot, you are responsible for your own device set up and not our staff. Any staff assistance in an attempt to resolve the troubleshooting may result in a $25.00 fee that will be applied towards your membership.
Phone Booth Usage. “ Phone Booth Hours” are from 8:00 a.m to 5:00 p.m Monday through Friday. The Phone Booth is meant for private phone calls or video calls and not as a working station. Any misused conduct or violation of the policies will ask that person to stop and leave. A Violation may also cause 360Workhub LLC to “Ban” the violator’s from further usage.
Lounge Usage. “ Lounge” is an area open for all members to relax, pass time idly, take breaks and to eat. The Lounge is not to be used as a work space and any misused conduct or violation of the policies will require that person to leave.
Mailing Services. Mails are sorted from Monday through Friday and available for Virtual Membership to pick up during regular business hours. Your membership will only be assigned to one mails lot that consist of your name and your company. Any unauthorized mail and packages 360Workhub received will be returned to the sender if the name or company is not associated in our database.
Our Reserved Rights. We are entitled to access your Office Space, with or without notice, in connection with our provision of the Services for safety or emergency purposes. We may temporarily move furniture contained in your Office Space. We reserve the right to alter your Office Space, provided that we will not do so in a manner that substantially decreases the square footage of your assigned Office Space or related amenities. We may also modify or reduce the list of Services or furnishings provided for your Office Space at any time. The Services may be provided by us, an affiliate or a third party.
Office Space Not Timely Available. If we are unable to make the Office Space available by the Start Date for any reason, including due to
- (i) changes in construction plans, delays in obtaining permits, or any other obstacles in procuring space in any Project, or
- (ii) delays caused by you or by changes requested by you, we will not be subject to any liability related to such inability, nor will such failure affect the validity of this Agreement. In this event, except as set forth in this Agreement, you will not be obligated to make payments of the Membership until the Office Space is made available.
3 . POLICIES & RULES
- 360Workhub LLC designed the membership policies ( “Policies”) and the facility rules (“ Rules”) to insure a safer and more enjoyable environment in which to exercise. Please be thoughtful and observe the policies and Rules as you, and all participants agreed to follow. 360Workhub LLC may, at its sole discretion, modify the Policies and Rules without notice at any time. As a participant at 360Workhub LLC, it is your responsibility to know and follow the most current Policies and Rules. If there is any conflict between these Policies and the Rules, these policies apply. All approved signs posted in the facility or on the premises shall be considered a part of the Rules and Policies of 360Workhub LLC.
- No Solicitation: 360Workhub LLC facilities are provided for private use of members only and are not open to the public. Any solicitation within the facilities is absolutely forbidden. This includes, for example, solicitation for profit, political purposes or any other reason, This includes, but is not limited to, use of petition, distributing or posting leaflets, notices or advertising anywhere in facilities or retail use.
- Conflicts Regarding Usage of space: Be courteous of other members. No member should monopolize any of the common space, phone booths or flex desks. If there is a conflict over use, please inform 360Workhub LLC staff and management will do their best to resolve the issue.
- Noise Level: If a member needs to make a phone call, use a phone booth, step into the lounge or take a walk outside of the facility. During group or team work, remember to keep noise to a respectful level because other people are using the same space for individual work. Use headphones to play music instead of speakers. Some level of background noise is acceptable in co-working spaces, but be reasonable about the amount of noise you create. Any excess noise that leads to a disturbance of the environment or other tenants will be asked to stop or leave the facility.
- No Drugs, Chewing Tobacco, or Smoking: You cannot use the facilities or engage in any activity at 360Workhub LLC while under the influence of illegal drugs. Also, 360Workhub LLC does not permit smoking in the facility, chewing tobacco, or illegal drugs.
- No Weapon: No weapons of any kind are permitted in 360Workhub LLC Facility.
- Flex/ Flex Unlimited. “ Flex and Flex Unlimited Hours” are from 8:00 a.m to 5:00 p.m on Regular Business Days. Flex Unlimited members will be required to pay a one time fee of $5 for their keycard access or an additional $5 for any replacement. To ensure a seamless entry at your convenience and for security reasons, all members are required to scan their card before entering our facility. Any members that does not scan their keycard upon entry will be a violation of our Policies & Rules.
- Desks Reservation. Desks located in the common spaces cannot be reserved, “claimed” or be left unattended. It is a temporary space for Day Passes, Flex, Flex Unlimited and Guest to use on a first come first serve basis. Any members that does not comply with the Policy & Rules will be asked to leave the premises.
- Overnight Parking: Overnight parking is available and must be approved by our staff. The standard rate per night is $5.00. Any unauthorized overnight parking will result in an additional fee of $50 per night or towed at the owner's expense.
- Clean Atmosphere: 360Workhub facility is maintained during regular business hours to ensure a clean environment and we expect the same cleanliness from our members. You are responsible to ensure your workspace is upkeep, clean, neat & organized to our standards. Your workspace is not to be used as a storage space for but not limited to inventory products, unrelated work items and shipping boxes.
- 360Workhub have the right to refuse services.
- YOUR MEMBERS
- Updating the Member List. Only those individuals set forth on the Member List will be deemed to be “Members” and entitled to the benefits described in this Agreement. Your Members will be able to begin using, accessing, and/or receiving the Services on the later of (i) the Start Date or (1) the termination or expiration of this Agreement; (2) your removal of such Member from the Member List or (3) our notification to you that such Member will be removed from the Member List, for example if such Member violated this Agreement. If the number of Members or other individuals regularly using your Office Space exceeds the number allocated on the Membership Details form, you will be in default of this Membership Agreement. In no event will the number of Members exceed 1.5 times the number of desks in the Office Space. We reserve the right to further limit the number of Members allowed at any point.
- Changes to or Removal of Primary Member or Authorized Signatory. An Authorized Signatory generally has the sole authority to make changes to or terminate this Agreement. A Primary Member will generally serve as 360WorkHub’s primary contact regarding matters that involve your Members, the physical Office Space or the Project. We will be entitled to rely on communications to or from the Authorized Signatory or Primary Member as notice to or from the applicable Member Company. However, an Executive Officer of the applicable Member Company (“Executive Officer”) will have the authority to override the request of an Authorized Signatory or Primary Member, as applicable, provided that we receive such a request within 24 hours following such Authorized Signatory’s or Primary Member’s request. We will be entitled to request reasonable information to confirm that an individual claiming to be an Executive Officer truly is one and to exercise our discretion in determining whether a particular position constitutes an “Executive Officer.” An Executive Officer will also have the authority to remove or replace the individual serving as the Authorized Signatory and/or Primary Member. Unless we receive instructions from the Authorized Signatory or Executive Officer, if the individual designated as the Primary Member ceases to provide services to the Member Company or ceases using the Office Space regularly, we will use our reasonable judgment in designating a replacement Primary Member.
- MEMBERS NETWORK
- While you are at a 360Workhub LLC location, you may connect to our data network to, among other things, access the internet, the “connection.” The connection is provided by 360Workhub, LLC. or one of its affiliated companies. By using or accessing the connection, you agree to these terms of service. Please read these terms carefully.
- We may revise these terms at any time. You are deemed to accept the current terms each time you use or access the connection, and it is your responsibility to review it for any changes. If you do not accept these terms of service, you may not use the connection.
- a. ACCESS: Your access to the connection is at our discretion. Your access may be blocked, suspended or terminated at any time and for any reason, including violation of these terms of service, disruption of access to other users or networks or to otherwise protect us, our users, or other third parties. - The connection is available to your device only when it is within wireless range of our access points or in your office or a conference room through an ethernet cable to a data network port. The connection is generally subject to unavailability, including by reason of emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. We are not responsible for any interruptions or performance issues with the connection, or the underlying network(s), transmission equipment and systems. Network speed will vary based on your device configuration, location, compression, network congestion and other factors. You are solely responsible for any devices, software, or other materials necessary for use of the connection.
- b. PRIVACY & SECURITY: You acknowledge that no data network and internet-based communication is 100% secure, such communications could be intercepted by equipment and software and no such communication should be considered private or protected.
- c. PROHIBITED USES: You agree not to, and are prohibited from accessing or using (or attempting to access or use) the connection or taking any action online that violates any applicable law or regulation or that could harm us or any third party or interfere with the operation of the data network to others. For example, among other items, you may not:
- upload or transmit through the connection any (a) computer viruses, worms, spam or anything else designed to interfere with or disrupt the normal operating procedures of a computer or network; or (b) any material which is defamatory, offensive, or of an obscene nature;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that violates or threatens or system or network security or that of our users or any third parties, including any attempt to circumvent any restrictions imposed on your access to or use of the connection or our other websites;
- use the connection to infringe or violate the intellectual property rights or proprietary rights of any third party;
- share your IP address or ISP Internet connection with anyone;
- reproduce, retransmit, disseminate, or resell the connection or authorize any other individual or entity to use the connection, whether for profit or not, without our express written permission.
- Breaching “Prohibited Uses” may result in civil or criminal liability. We may report such breaches to relevant law enforcement authorities and co-operate with those authorities to prosecute users who violate these terms. We have the right, but not the obligation, to suspend or terminate your access and use of the connection and other services we may provide you and to block or remove any communications or materials transmitted through the connection.
- MEMBERSHIP FEES; PAYMENTS
- Payments Due Upon Signing. Upon submitting a signed and completed Agreement, you will be obligated to deliver to us, in the amount(s) set forth on your Membership Details form,
- a. a service retainer (“Security Deposit”). The Security Deposit will be held as a retainer for performance of all your obligations under this Agreement and is not intended to be a reserve from which fees may be paid. In the event you owe us other fees, you may not rely on deducting them from the Security Deposit, but must pay them separately. Subject to the complete satisfaction of your obligations under this Agreement, we will return the Security Deposit, or any balance after deducting outstanding fees and other costs due to us, to you by ACH within thirty (30) days (or earlier if required by applicable law) after the later of (1) the termination or expiration of this Agreement, (2) the date on which you provide to us all account information necessary for us to make such payment and (3) your complete performance of all your obligations under this Agreement, including any obligations applicable following termination or expiration of this Agreement.
- b. Membership Fee. During the Term (defined below) of this Agreement, we will process payment for your Membership Fee and other then-outstanding fees, in advance, monthly and no later than the fifth (5th) business day of each month.You shall be responsible for having the necessary funds available in your payment account as of the first (1st) day of the month. The Membership Fee set forth on the Membership Details form covers the Services for only the number of Members indicated in the Membership Details form. The Membership Fee may be subject to change after the agreed term.
- c. Invoices; Financial Information. 360WorkHub will send or otherwise provide invoices and other billing-related documents, information and notices to the Primary Member, unless a different Billing Contact is indicated on the Membership Details form. Change of the Billing Contact will require notice from the authorized Signatory in accordance with this Agreement.
- d. Additional Fees. Each month, you will receive a certain number of credits for conference room use, copies, printouts and other products and services we may offer from time to time, as specified on the Membership Details form. These allowances may not be rolled over from month to month. If these allocated amounts are exceeded, you will be responsible for purchasing additional products and services as needed. The current overage fee schedule is listed on 360WorkHub.com/faq. All fees are subject to increase from time to time.
- e. Prorates. New Membership is prorated until the end of the month with the exception of the Virtual and Flex membership plans. The duration of the Virtual and Flex membership plans will be equivalent to 1 month or 30 Days from the starting date.
- Ex. January 12th - February 12th 2019
- e . Late Fees. If payment for the Membership Fee or any other accrued and outstanding fee is not made by the fifth (5th) of the month in which such payment is due, you will be responsible for paying the then-current late charge and the full account balance within a 5 day grace period. Fail to make payment will result in the membership termination, restricted access to 360Workhub, your workspace and internet. The current late fee is as follows:
- Virtual: Cancellation and Returned Mail
- Flex: $25.00
- Flex unlimited: $35.00
- Dedicated Desk: $50.00
- Private Office: 15% of Account Total Balance
- f. Form of Payment. We accept payment of all amounts specified in this Agreement solely by ACH from your bank account or credit card. If you elect to pay via ACH, you are required to maintain sufficient money in your bank account to pay the fees described in this Agreement and to inform us promptly of any changes to the account. If you elect to pay via credit card, you are required to inform us promptly of any changes to your credit card information and must ensure that you replace such credit card and update the relevant information prior to its expiration date. Changing your payment method may result in a change in the amount required under this Agreement to be held as the Security Deposit. Only a single checking, savings or credit card account may be used at any given time to make payments under this Agreement. If payment via credit card fails on two occasions, we may require you to make payments via ACH.
- g. Outstanding Fees. When we receive funds from you, we will first apply funds to any balances which are in arrears and to the earliest month due first. Once past balances are satisfied, any remaining portion of the funds will be applied to current fees due. If any payments remain outstanding after we provide notice to you, we may, in our sole discretion, withhold Services or terminate this Agreement in accordance with Section 5(d).
- h. No Refunds. Except as provided in Sections 5(b) and 5(e) of this Agreement, there are no refunds of any fees or other amounts paid by you or your Members in connection with the Services.
- While in the Facility, 360Workhub LLC does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation; using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that harasses or is bothersome to members or 360Workhub LLC employees.
- TERM AND TERMINATION
- Term. This Agreement will be effective when signed by both parties (“Effective Date”); provided that we have no obligations to provide you with the Services until the later of (i) the date on which payment of your Security Deposit and first month’s Membership Fee has cleared or (ii) the Start Date. If the Start Date is a Regular Business Day, you will be entitled to move into the Office Space after 11 a.m. (in the Office
- Space’s time zone) on the Start Date. If the Start Date is not a Regular Business Day, you will be entitled to move into the Office Space after 11 a.m. (in the Office Space’s time zone) on the first Regular Business Day after the Start Date. Unless otherwise set forth on the Membership Details form, following the Commitment Term, this Agreement shall continue on a month-to-month basis. The Commitment Term shall constitute the “Term”. If no Commitment Term is indicated on your Membership Details Form, the default Commitment Term shall commence on the Start Date and end one (1) month after the Start Date. This Agreement will continue until terminated in accordance with this Agreement.
- Cancellation Prior to Start Date by You. You may cancel this Agreement prior to the Start Date upon delivery of notice to us. If you terminate more than one (1) full calendar month prior to your Start Date, you may be entitled to a refund of your Security Deposit, less any applicable charges, expenses or deductions. If you terminate within one (1) full calendar month prior to your Start Date, you will not receive any refund of your Security Deposit.
- Termination After the Start Date by You; Changes in Office Space. Except as set forth in this section, you may terminate this Agreement at least one (1) full calendar month prior to the month in which you intend to terminate this Agreement (“Termination Effective Month”). The termination will become effective on the last Regular Business Day of the Termination Effective Month; provided that this Agreement is not terminable during the Commitment Term. On the last Regular Business Day of the month, you must vacate the Office Space no later than 4:00 p.m. Changes in Office Space, to the extent you have already occupied a different Office Space, will also require compliance with the termination obligations set forth in this Section 6 for the Office Space being vacated.
- Termination or Suspension After the Start Date by Us. We may withhold Services or immediately terminate this Agreement: (i) upon breach of this Agreement by you or any Member; (ii) upon termination, expiration or material loss of our rights in the Project; (iii) if any outstanding fees are still due after we provide notice to you; (iv) if you or any of your Members fail to comply with the terms and conditions of this Agreement, the 360WorkHub Community Board Terms of Service, our Wireless Network Terms of Service, or any other policies or instructions provided by us; or (v) at any other time, when we, in our reasonable discretion, see fit to do so. You will remain liable for past due amounts, and we will exercise our rights to collect due payment, despite termination or expiration of this Agreement.
- Security Deposit. After termination or expiration of this Agreement, we will return any balance of your Security Deposit to you in accordance with Section 5(a) of this Agreement.
- Removal of Property Upon Termination. Prior to the termination or expiration of this Agreement, you will remove all of your, your Members’, and your or their guests’ property from the Office Space and Project. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in or on the Office Space or Project after the termination or expiration of this Agreement and will not have any obligation to store such property, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal. Following the termination or expiration of this Agreement, we will not forward or hold mail or packages delivered to us.