Terms and conditions
Terms and Conditions
The following paragraphs outline the terms and conditions (Terms) on which COHUTT Pty Ltd of 29/232 Hutt Street, Adelaide, SA 5000 (we, our, us) grants Membership to the Member (you, your).
1. Definitions In these Terms, the following definitions apply:
Fees means the fees as set out on the Website as applicable to your Membership, 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.
Member means a person granted Membership by us.
Membership means the access we grant to Members to utilise our Space and Services, as determined by the membership type selected by you.
Notice means the period of notice required to terminate the membership.
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 on the Portal or otherwise made available to you, as added or amended by us from time to time.
Portal means our online Member platform, which facilitates Membership sign-up, meeting room bookings, one-off purchases, visitor requests and other Member activities.
Services means the services included in your Membership as identified on the Website, as updated and amended by us from time to time.
Space means the buildings and facilities where our work hubs are located at the addresses listed on the Website.
Team means any company or group that has entered into a license agreement with us for a private office or dedicated team desks.
Your Property means any equipment, documents, property or possessions that you bring into the Space.
Website means our website located at www.cohutt.space .
2. The Membership
2.1. These Terms need to be agreed to by you before you can commence your Membership. 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 so firstname.lastname@example.org 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 Membership is personal to you and you may not transfer your Membership to anyone else.
2.4. You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies.
2.5. You acknowledge and agree that:
a) your Membership is a license to use the Space, it does not give you an exclusive right to any part of the Space 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;
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 e) you may not approach any of our staff, or entertain any approach from our staff, to enter into an employment arrangement (directly or indirectly) during the term of your Membership or for a period of 6 months after its cancellation, without our express written permission.
2.7. If you have Membership 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 your Membership, 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 Members and use the Space and the Portal in a respectful way. Offensive language, threatening behaviour, abuse of our staff or other Members and damage to Our Property, or the property of another Member, will not be tolerated. We reserve the right to remove offenders from the Space, and suspend or cancel their Membership and access to the Portal.
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 Members 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. 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.
3.5. 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.
3.6. 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.
3.7. 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.
3.8. Each Member is issued with an access pass to access the Space. These access passes are not, under any circumstance, to be copied by any Member. Access passes are not transferable and must be returned to us at the end of your Membership. You must not lend your access pass to any other person, and must notify us immediately if it is lost or stolen. In the event that your access pass 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 by providing you with 3 months’ written notice of the changes. If you are unhappy with any proposed changes to these Terms contact any of our staff members and we will reasonably endeavour to address your concerns.
4.2. You may change your personal and billing information via the Portal. 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 Membership via the Portal. Such cancellation will take effect on the last day of the month after the month we receive your cancellation request via the Portal. (For example, if you provide notice to us on 30 June, your License will end on 31 July. Or, if you provide notice on 8 July, your License will end on 30 August.)
4.4. We reserve the right to cancel your Membership at any time for any reason by providing you with written notice. Such cancellation will take effect on the last day of the month after we notify you of our intention to cancel your Membership.
4.5. We may cancel your Membership with immediate effect if you:
a) breach your obligations in clause 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 Membership 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 Membership has not been cancelled in accordance with clauses 4.3, 4.4 or 4.5, your Membership will automatically be renewed for the next month.
5. Membership 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, we only accept payment of the Fees by automatic direct debit from a bank account or credit card nominated by you (Visa, Mastercard and Amex). Direct debit from a bank account is our preferred option, accordingly there is no transaction fee. If you elect to pay by credit card, a transaction fee of 1.5% will apply for Visa and Mastercard payments, and a transaction fee of 3% will apply for Amex payments. Should you choose to pay us via an automatic direct debit from your nominated bank account, you must also provide us with a valid credit card and authorise us to debit any amounts payable in accordance with these Terms from this credit card in the event that we are unable to debit your nominated bank account for any reason.
5.3. The Fees will be debited monthly in advance from the account nominated by you under clause 5.2 on the 1st of each month, or the next available business day, and will continue to be debited until your Membership ends in accordance with clause 4. One-off charges accrued by you will be charged on the 1st of each month in arrears.
5.4. It is your responsibility to ensure that your payment details are kept up to date and that there are sufficient funds in your nominated account to enable the successful debit of the Fees each month. If the transaction is rejected for any reason you will be liable for any reasonable costs incurred by us in recovering the debt, including but not limited to any legal, bank or collection agency fees.
5.5. The Fees are subject to review and may be increased at our discretion. You will be notified in writing 3 months prior to any increase in the Fees taking effect.
5.6. Unless you are notified otherwise, the Fees and any other prices referenced on our Website or otherwise communicated to you are quoted exclusive of GST.
5.7. On termination or cancellation of your Membership 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 pass, pedestal keys and any other items of Our Property on termination or cancellation of your Membership. If you lose such items or fail to return them on cancellation, you will be required to reimburse us for any reasonable costs incurred. These costs will be debited from the account nominated by you under clause 5.2.
6. Meeting and Event Spaces
6.1. Meeting spaces in the Space are available for the exclusive use of Members. Event spaces, which are fully serviced, are available for both Members and external parties to book. You must use such meeting and event spaces in accordance with our Policies.
6.2. Meeting spaces must be booked via the Portal or such other booking tool made available to you by us. We reserve the right to vary your booking or amend or suspend access to the meeting spaces as may be reasonably necessary from time to time.
6.3. Your Membership entitles you to an allowance of meeting room credits, meeting room bookings in excess your credit allowance will attract additional fees in accordance with our Policies, as amended from time to time.
6.4. Any fees associated with your meeting or event space bookings will be debited from the account nominated by you under clause 5.2, in accordance with our Policies.
7. Fair Use of the Space
7.1.We can only provide the Services for the Fees quoted if Members 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 allocated to your Membership;
b) familiarise yourself with and observe our Policies.
7.2. If your employees or visitors who are not Members would like to work in the Space for all or part of the day, they are welcome to purchase a day pass, or discuss membership options by contacting our staff in the Space or via phone or email.
7.3. Employees and visitors who are not Members are only permitted in the Space during business hours (9am-5pm, Monday to Friday, excluding public holidays) and must sign in at the host desk prior to entering the Space. For security reasons, we reserve the right to refuse entry to any employee or visitor that does not sign in.
7.4. Continued abuse of the fair use requirements in this clause 7 may result in the cancellation of your Membership.
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.
9.2. We may have staff oversee the Space during business hours (9am-5pm, Monday to Friday, excluding public holidays), however we do not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in the Space.
9.3. 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.
9.4. 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.
9.5. 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, 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 Membership if the delay or failure continues for a period of 30 days or more.