StartupPop Spaces, LLC
Terms & Conditions
1. FACILITIES AND SERVICES
(a) In consideration of the payment by the Member of the Plan Fee, StartupPop Spaces LLC (SPS) permits the Member to use the Plan Inclusions and Services governed and defined by this Agreement from the commencement date until terminated in accordance with the provisions of this Agreement.
(b) Definition: SPS offers the Member either a shared lounge or shared office space in a collaborative work environment. Workspaces are available on a first-come, first-serve, basis.
(c) SPS shall provide the Member with the subscribed Service Plans (“Plan Inclusions"):
(i) Regular Member – a monthly plan that entitles the Member to access all SPS’ Coworking Space, with Wi-Fi connectivity for two devices.
(ii) Dedicated Member – a monthly plan that entitles the Member to use a dedicated desk within the SPS’ Coworking Space at the allotted SPS with Wi-Fi connectivity for two devices.
(iii) Limited Member (5 days) – a monthly plan that entitles the Member to ten (5) days per month? of shared workspace access to a vacant office, within SPS’ operational hours. The vacant office will either be selected by the Member via our in-house system, subject to availability, or assigned by SPS Staff upon Member check-in. Wi-Fi connectivity is granted for two devices only during recognized daily operating hours.
(iv) Day Member (1 day) – a monthly plan that entitles the Member to 1 day per month? of shared workspace access to a vacant office in SPS, within SPS’ operational hours.
(v) Day Office – a monthly plan that entitles the Member shared workspace access to a vacant office in SPS, within SPS’ operational hours. The vacant office will either be selected by the Member via our in-house system, subject to availability, or assigned by SPS Staff upon Member check-in. Wi-Fi connectivity is granted for two devices only during recognized daily operating hours.
(vi) Podcast Member – a monthly plan that entitles the Member to access all SPS’ Coworking Space, with Wi-Fi connectivity for two devices and includes a monthly podcast production as well.
(d) Service Plans are subject to the following conditions:
(i) Subscriptions are for designated users only, and are non-transferrable and cannot be shared by any third party.
(ii) Coworking Space usage is only limited to the subscribed user.
(iii) Subscription fee is subject to an automatic annual rate increase of 3% from the initial start date .
Access to other SPS centers (Lounges) is allowed only during operating hours for all relevantly subscribed plan users. Use of the coworking space outside of entitlements will be charged at adhoc rates stated in services price guide.
(iv) SPS reserves the right to provide alternative facilities should any Coworking Space not be available, and the right to impose charges on the usage of non-subscribed services.
(e) The following additional Business Services are available in accordance with SPS’ published rates updated from time to time. These Services are available to all Members on an optional basis and may be subject to additional charges during non-operating hours:
(i) Dedicated secretarial, accounting, errands or other business services
(ii) Food and beverage services
(iii) Courier services
(iv) Photocopying and scanning
(v) Translations
(vi) Car parking
(vii) Business Licensing Assistance
(viii) Office supplies
(ix) Video conferencing
(x) Meeting and conference rooms
(xi) Other services
2. SIGN UP AND BILLING
(a) For all Coworking Plans, SPS reserves the right to require the client to submit the required points of Identification (“the Documentation”), and reserves the right, at its absolute discretion, to terminate the plan if the Documentation is not received.
(b) SPS reserves the right to request up to two months security deposit (“the Deposit”). The Deposit shall not be deemed as an advanced payment. In the event of any withdrawal from the Deposit by SPS due to default of the Member, the Member shall replace any such sum withdrawn within 14 days of being notified of such withdrawal. Such deduction shall not be deemed to have waived any breach by the Member of this Agreement. The Deposit shall be refunded to the Member within 60 days after termination of this Agreement subject to all outstanding invoices being settled in full and the Member providing sufficient information so that the refund can be executed by SPS. If the Member fails to provide such information or demand the refund of the deposit within 360 days after the Termination Date the Deposit shall be deemed to be forfeited to SPS.
(c) Where relevant, members who select to pay invoices by credit card irrevocably authorises SPS, on the invoice due date, to deduct from the Member’s credit card the Plan Fee plus any relevant taxes payable in advance and all Services billed in arrears. In respect of any partial period, a pro-rata adjustment shall be made.
(i) The Member irrevocably authorises SPS to deduct all amounts charged to the Member by SPS on such credit card at any time during any billing period and subsequent renewal contract periods.
(ii) The authorisation will remain in effect until the Member cancels in writing of any changes in the account information provided or termination of this authorisation at least 15 days prior to the next billing date.
(ii) If a charge is declined or reversed by the credit card issuer or network, the Member agrees to pay SPS a service charge and to reimburse SPS for all reasonable costs of collection. The Member’s credit card issuer may also assess its customary charge for such transactions.
(d) Members who select to pay by cheque or bank transfer shall for the duration of this Agreement pay by the due date on the Invoice the Plan Fee payable in advance and all Services billed in arrears. In respect of any partial period, a pro-rata adjustment shall be made.
(e) Payment is due 7 days from the invoice issue date. Should payment not be received 14 days from the invoice issue date, an administrative fee of 1.5% referred to as “Penalties" per month will apply on the overdue balance until payment has been received by SPS.
(f) In the event that the Member does not pay within 14 day(s) from the invoice issue date the total amount as stated on an invoice SPS shall be entitled to:
(i) Suspend partial or all services provided by SPS to the Member including, but not limited to telephone and mail service.
(ii) Block Member access to the hot desk and any dedicated storage and change the lock without prior notice
(iii) Vacate any dedicated storage
(iv) Claim all costs including legal fees associated with recovering all monies owed to SPS from the Member
(v) Charge a reactivation fee
(g) The Member shall pay all sums due to SPS under this Agreement without any deduction or set off.
(h) The Member shall pay for all bank charges, exchange rate differences, currency adjustments and other such charges related to rental and services.
(i) Online specials are not valid for current clients of SPS within the city being subscribed and new clients may only sign up for 1 online special per lifetime per city. In the event that the Member signs up on more than one occasion the Member shall be charged the full License Fee without discount. In addition, SPS reserves the right to review and reject any online sign up at its sole discretion, under such rejection SPS shall refund any monies paid in full.
3. TAXES
Any amount payable by the Member under this Agreement will be exclusive of local taxes including, but not limited to goods and services tax. If any supply made by SPS under this Agreement is a taxable supply, SPS must provide the Member with a valid invoice usable for taxation purposes and the Member must pay an additional amount to SPS which is equal to the consideration payable by the Member for relevant supply multiplied by the prevailing local tax rate. This includes taxes, stamp duties or other documentary fees.
4. TERMINATION
Termination of this Agreement will be subject to the following terms:
(a) This agreement shall automatically roll over for successive periods equal to the first period unless either party gives written notice to terminate the agreement one (1) month prior to scheduled end date of the current license period.
(b) The Member will be released from its obligations under this Agreement and allowed to terminate prior to the End Date of this Agreement subject to the Member paying SPS the full Plan Fee for the unexpired term together with all other outstanding invoices and Penalties (if any). Upon settlement of these terms received by SPS, any Deposit will then directly be refunded to the Member.
(c) This Agreement may be terminated forthwith in the event of any breach of the obligations on the part of the Member. SPS shall be entitled (but not obliged) to retain any personal effects or other belongings of the Member until all arrears owed to SPS have been paid or other loss made good. In the event of non-payment within 14 days SPS shall be entitled to dispose of any goods retained in settlement of any arrears and any cost of such disposal without prior notice or approval.
(d) SPS reserves the right to terminate this agreement if there is inappropriate activity or incident caused by the Member.
(e) Upon termination of this Agreement, a cleaning fee will be charged per subscriber/workspace/plan to the Member to cover the routine cost of cleaning and repainting the accommodation to return it to its original condition in addition to general maintenance to the common areas of the Premise in which the Member have had access. This fee only applies to Dedicated Desk plan, Day Office (10 days), and Day Office Members.
(f) If the Member terminates its subscription, the Member must return all keys (if any) and other means of access to the SPS, cease to use SPS’s address on all of its company documents, business registration, and marketing materials. SPS reserves the right to continue billing the Member at listed plan rates for each month that the Member continues to utilise SPS’s information on said documents and materials beyond the End Date of this Agreement, and to litigate if it deems appropriate. In the event the Member has lost any keys or access cards to the SPS, the Member must pay the replacement fee of such lost items.
5. REFUNDS
The Member shall have 14 days to dispute a charge from the invoice due date. SPS will only provide a refund in the event that an incorrect amount has been charged to the client.
6. MEMBER’S RIGHTS AND RESPONSIBILITIES
The Member shall not:
(a) Conduct himself/herself in an unprofessional and irresponsible manner or act in any way that may cause nuisance, annoyance or injury to the other Members/users of SPS.
(b) Occupy space for commercial display, product display, storage, lodging, sleeping, or for immoral or illegal purposes.
(c) Leave personal belongings unattended. SPS is not responsible for any loss or damage of personal belongings. Unattended personal belongings might be removed by on-duty SPS team members.
(d) Impede or interfere with SPS’s right of possession, control of the SPS and operations.
(e) Use the SPS otherwise than for the Member’s business and in any event shall not permit the SPS, Plan Inclusions or Services provided, to be used for any illegal activity.
(f) Interfere with the conduct of SPS’s business and during the term of this Agreement and for 6 months thereafter shall not offer employment to or hire directly or indirectly any staff of SPS. If the Member employs directly or indirectly any member of SPS’s staff during such period, the Member shall pay to SPS within seven (7) days of the said member of staff commencing his or her new employment a recruitment fee equal to 25% of the said first year gross salary or hire costs including guaranteed bonuses or benefits.
(g) By way of commission payable to SPS by the Member, the Member agrees that, in the event that the Member entices, convinces or otherwise causes an existing Member of SPS to vacate the Premises, to pay to SPS a commission equal to 12-month’s rental of the company that has been enticed or convinced to vacate the Premises.
(h) Alter, install, remove nor damage any furniture, fixtures, decorative materials, office equipment, IT cabling and telecommunications tools from within SPS’s Coworking Space, allocated desks, dedicated workspaces and common areas, in which the Members have had access. SPS shall have the right to claim compensation from the Member for repairs, replacement, loss or damages.
The Member shall:
(a) Observe and adhere to all the rules and regulations updated from time to time made by SPS for the management of the SPS.
(b) Agree that SPS’s Coworking Space, allocated desks and dedicated workspaces are under 24-hour CCTV surveillance. SPS will only provide CCTV footage based on the request of local law enforcer, complying to local enforcement law.
(c) Be liable for any damage caused by the Member or by those in SPS SPSs with the Member’s permission or at the Member’s invitation, whether express or implied including but not limited to all the Member’s employees, contractors, agents or other persons present at SPS SPSs. In the event of such damage, SPS shall be entitled to take all steps necessary to rectify the same.
(d) Be required to formally check in and check out of the SPS upon both entry and departure.
(e) Vacate the daily allocated office unit along with all personal belongings prior or at the end of every business day. This only applies to Day Office (10 days) or Day Office Members.
7. OWNER’S RIGHTS AND RESPONSIBILITIES
SPS shall:
(a) Keep the facilities in the SPS in working order and proper cleaned and equipped
(b) Have the ultimate right to remove the Member from the SPS
(c) Provide the Member with an alternative SPS should SPS require the Member to move during the term of subsequent terms of this Agreement.
(d) Provide reception and switchboard services during normal opening hours, Monday to Friday (excluding official public holidays). Subject to SPS’s discretion, which will be communicated to all members well in advance.
(e) Reserve the right to allocate a full business day of coworking usage to the Member’s account should the Member not check in or check out of the SPS when SPS has reasonable belief that the Member accessed the premises. SPS Team will openly communicate this with the Member before any final allocation is made.
8. GENERAL
(a) This Agreement is personal and is not assignable.
(b) All notices must be in writing or email. Notices to either party will be considered served if mailed by registered post or by email to the addresses or emails specified overleaf.
(c) The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other provision. No waiver of any default of the Member shall be implied from any failure by SPS to take action with respect to such default.
(d) Where the Member comprises more than one individual, such individuals shall be jointly and severally liable to observe and perform the Member’s obligations under this Agreement.
(e) This Agreement supersedes any prior agreements and embodies the entire Agreement between the Member and SPS and may not be modified, changed or altered in any way except as agreed by both parties in writing. This Agreement shall be interpreted and enforced in accordance with the national and local laws in which the SPS is located.
(f) Membership is non-transferrable to other parties or individuals, without the express permission of SPS.
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