Terms & ConditionsThis MAILBOX Service Agreement or officeBOX Coworking Space Membership Agreement ("Agreement") is made and entered into by the customer identified above ("CUSTOMER") for the use of and services related to a mailbox (the "MAILBOX") at officeLOCALE Inc., hereinafter referred to as (“officeLOCALE Coworking Space”) under the terms set forth herein and governed by the laws State of California.
1. CUSTOMER agrees that CUSTOMER will not use officeLOCALE Coworking Space premises or any officeLOCALE Coworking Space services for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations. CUSTOMER further agrees that any use of the MAILBOX shall be in conformity with all applicable federal, state and local laws. Each individual or entity must complete a separate U.S. Postal Service Form 1583 ("Form 1583") to be authorized to receive mail or packages at the MAILBOX. However, spouses may complete one Form 1583, as long as both spouses include their separate information on the Form.
2. This AGREEMENT and Form 1583 shall remain confidential, except that this AGREEMENT and Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, CUSTOMER agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. CUSTOMER further agrees to sign an updated version of this AGREEMENT and Form 1583 upon request.
3. Possession of the MAILBOX username and password or a physical mail cabinet key shall be considered valid evidence that the possessor is duly authorized to remove any contents from the MAILBOX. In the event of death or incapacity of the CUSTOMER, officeLOCALE Coworking Space will require the appropriate documents from the Probate Court, the executor of the estate, the trustee or other similar person or entity before releasing mail or packages to a requesting party.
4. CUSTOMER agrees to pay a non-refundable security deposit of $25, as well as applicable monthly service fees. The security deposit is not refundable upon expiration, cancellation or termination of this AGREEMENT. (officeLOCALE Coworking Space reserves the right to waive the fee at will). MAILBOX service fees are all due and payable in advance and CUSTOMER agrees that officeLOCALE Coworking Space may hold mail and packages pending payment. There will be no pro-rations or refunds for cancellation of any service. CUSTOMER agrees to pay a late fee of $25.00 if any payment is not received within five (5) days of when due. MAILBOX service fees and other related fees stated herein are subject to change. In the event that CUSTOMER receives an unreasonable volume of mail or packages at the MAILBOX according to the officeLOCALE Coworking Space’s reasonable judgment, officeLOCALE Coworking Space may require CUSTOMER to upgrade to a larger volume program and/or pay any additional charges. officeLOCALE Coworking Space reserves the right to increase the MAILBOX service fees in the event that CUSTOMER adds additional individuals or entities to the names of those individuals or entities authorized to receive mail and packages at the MAILBOX pursuant to Form 1583.
5. Upon expiration, cancellation or termination of this AGREEMENT, officeLOCALE Coworking Space will:
a. Re-mail (i.e., forward) CUSTOMER's mail for six (6) months, provided CUSTOMER pays the postage, packaging material, and forwarding fees in advance. Additionally, CUSTOMER must pay a monthly storage fee of $25.00 for month 1, and to be determined for months 2 through 6 in advance for the time period that mail is to be forwarded. It is the CUSTOMER's responsibility to make arrangements with officeLOCALE Coworking Space to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT.
b. Store the mail or packages for up to six (6) months provided CUSTOMER pays a storage fee of $35.00 per month for the time period in which officeLOCALE Coworking Space holds the mail or package(s), plus a service fee of to be determined for each time CUSTOMER visits officeLOCALE Coworking Space to pick up such items. It is the CUSTOMER's responsibility to make arrangements with officeLOCALE Coworking Space to identify any mail storage needs prior to the expiration, cancellation or termination of this AGREEMENT.
c. Retain CUSTOMER's mail, other than Unsolicited Mail, at the Center for a period of ten (10) days, if the customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed.
d. Discard or destroy any "Unsolicited Mail" (e.g., bulk mail; mail addressed as "occupant," "current resident" or similar designation; or coupons, advertising or other promotional material) delivered to or remaining at officeLOCALE Coworking space.
e. Refuse any package addressed to CUSTOMER delivered by any party other than the U.S. Postal Service, such as a commercial courier service.
6. Upon cancellation or termination of this AGREEMENT, officeLOCALE Coworking Space may:
a. Refuse any mail or package addressed to the CUSTOMER and delivered to officeLOCALE Coworking Space
b. Discard or destroy any of the CUSTOMER's mail or packages delivered to or remaining at officeLOCALE Coworking Space at such time.
7. The term of this AGREEMENT shall be the initial period paid for by CUSTOMER and any renewal period paid for by CUSTOMER from time to time. Renewal of this AGREEMENT for additional terms shall be at officeLOCALE Coworking Space’s sole discretion.
8. CUSTOMER agrees that the Center may terminate or cancel this AGREEMENT for good cause at any time by providing CUSTOMER thirty (30) days written notice. Good cause shall include, but is not limited to: 1) CUSTOMER abandons the MAILBOX; 2) CUSTOMER uses the MAILBOX for unlawful, illegitimate or fraudulent purposes; 3) CUSTOMER fails to pay monies owed when due; 4) CUSTOMER receives an unreasonable volume of mail or packages; 5) CUSTOMER engages in offensive, abusive or disruptive behavior toward other customers of officeLOCALE Coworking Space or officeLOCALE Coworking Space 's employees; and 6) CUSTOMER violates any provision of this AGREEMENT. CUSTOMER acknowledges that, for the purpose of determining good cause for termination of this AGREEMENT as provided herein, the actions of any person authorized by CUSTOMER to use the MAILBOX will be attributed to CUSTOMER.
9. Any written notice to CUSTOMER required or permitted under this AGREEMENT shall be deemed delivered twenty-four (24) hours after placement of such notice in the CUSTOMER's MAILBOX or at the time personally delivered to CUSTOMER. In the event of a termination notice, based upon abandonment of the MAILBOX, notice shall be deemed delivered (a) on the next day after placing in the hands of a commercial courier service or the United States Postal Service for next day delivery, or (b) five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage prepaid, and addressed to CUSTOMER at CUSTOMER's address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.
10. As CUSTOMER's authorized agent for receipt of mail, officeLOCALE Coworking Space will accept all mail, including registered, insured and certified items. Unless prior arrangements have been made, YOUR BUSINESS HERE shall only be obligated to accept mail, or packages delivered by commercial courier services which require a signature from officeLOCALE Coworking Space as a condition of delivery. CUSTOMER must accept and sign for all mail and packages upon the request of officeLOCALE Coworking Space. Packages not picked up within three days of notification will be subject to a storage fee of $5.00 per day per package, which must be paid before CUSTOMER receives the package. In the event CUSTOMER refuses to accept any mail or package, officeLOCALE Coworking Space may return the mail or package to the sender and the CUSTOMER will be responsible for any postage or other fees associated with such return. C.O.D. items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to officeLOCALE Coworking Space.
11. CUSTOMER agrees to protect, indemnify, defend and hold harmless officeLOCALE Coworking Space, and their respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs and causes of action of every type and character arising out of or in connection with the use or possession of the MAILBOX, including without limitation, any demands, claims and causes of action for personal injury or property damage arising from such use or possession, from failure of the U.S. Postal Service or any commercial courier service to deliver on time or otherwise deliver any items (mail, packages, etc.), from damage to or loss of any package or mail, or to the MAILBOX contents by any cause whatsoever, and from any violation by CUSTOMER of applicable federal, state or local laws.
12. CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF YOUR BUSINESS HERE, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $10.00 REGARDLESS OF THE NATURE OF THE CLAIM.
13. CUSTOMER must use the exact mailing address for the MAILBOX without modification as set forth in Section three (3) of Form 1583. The Postal Service will return mail without a proper address to the sender endorsed "Undeliverable as Addressed."
14. Delivery by commercial courier services must be made to officeLOCALE Coworking Space street address only (and not to a P.O. Box). "P.O. Box" may be used only if it is part of CUSTOMER's "Caller Service" (arrangement for delivery of mail through officeLOCALE Coworking Space using a U.S. Postal Service address) address format. Upon signing this AGREEMENT, CUSTOMER shall provide two forms of valid identification, one of which shall include a photograph. This AGREEMENT may not be amended or modified, except in a writing signed by both parties.
15. officeLOCALE Coworking Space reserves the right to open and inspect any packages or mail which may arrive damaged or that may be otherwise of questionable integrity or legality.
16. By agreeing below I forfeit all right to bring a suit against officeLOCALE Coworking Space for any reason. In return, I will receive the MAILBOX and related services. I will also make every effort to obey U.S. law and the laws of the officeLOCALE Coworking Space, as listed in writing and as explained to me verbally. I will ask for clarification when needed.
17. The CUSTOMER shall indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the officeLOCALE Coworking Space services under this AGREEMENT.
18. This AGREEMENT, and any accompanying appendices, duplicates, or copies, constitute the entire agreement between the Parties with respect to the subject matter of this AGREEMENT, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this AGREEMENT.
19. This AGREEMENT may be amended only by written agreement duly executed by an authorized representative of each party (email is acceptable).
20. If any provision or provisions of this AGREEMENT shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this AGREEMENT shall remain in full force and effect for the duration of this AGREEMENT.
21. This AGREEMENT shall not be assigned by either party without the express consent of the other party.
22. A failure or delay in exercising any right, power or privilege in respect of this AGREEMENT will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
23. This AGREEMENT is be governed by and construed in accordance with the laws of the State of California without reference to any principles of conflicts of laws, which might cause the application of the laws of another State Admitted to the Union (the “United States of America”, or the “Union”). Territories and Protectorates of the Union are hereby discarded and no action may be taken within them against officeLOCALE Coworking Space.
24. The laws of the State of California shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.
25. Any action instituted by either party arising out of this AGREEMENT will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of California. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE STATE.
By checking the box, you have read and understand the terms above and you accept this AGREEMENT on the date stated in the introductory clause.
SIGN: PRINT NAME DATE:
SIGN: PRINT NAME DATE: _____________________________________ _______________________________________________
TERMS AND CONDITIONS & COMMUNITY STANDARDS FOR COWORKING SPACE
1. Acceptance of Terms.
2. Description of Services.
officeLOCALE may provide you with access to office space, work stations, internet access, office equipment, conference space, knowledge resources, and other services as officeLOCALE may offer from time to time pursuant to the Application and Membership Agreement (“Member Agreement”) to which this TOU is attached (collectively, “Services”). The Services at all times are subject to the Member Agreement, this TOU and the Community Norms referenced in section 3.
3. 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, or that are prohibited by the “Community Norms,” attached to this TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any officeLOCALE server, or the network(s) connected to any officeLOCALE 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, or accounts computer systems or networks connected to any officeLOCALE server or to 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.
4. Use of Services:
You agree that when participating in or using the Services, you will NOT:
A. Use the Services in connection with contests, pyramid schemes, chain letters, junk mail, spamming, spamming or any duplicative or unsolicited message (commercial or otherwise);
B. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
C. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene indecent or unlawful topic, name, material or information on or through officeLOCALE servers or bandwidth;
D. 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 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;
E. 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 secrets or other proprietary right of any party;
F. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
G. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/ or distributed in such manner;
H. Restrict or inhibit any other user from using and enjoying the Services;
I. Violate any code of conduct or other guidelines which may be applicable for any particular Services;
J. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
K. Violate any applicable laws or regulations;
L. Create a false identity for the purpose of misleading others;
M. Obstruct any entrance way, create any circumstances of disrepair or damage any officeLOCALE property of premises;
N. Bring any pets onto the officeLOCALE premises, unless you have a specific need for visual assistance;
O. Use cellular phones or other communication devices in a manner that will be disruptive to other members. In the interests of maintaining a peaceful environment, officeLOCALE requests that all members, guests, and clients turn their phones to vibrate while in the Premises. We also ask that you use a phone booth or meeting room for calls longer than three minutes; or step outside the facility to attend their call.
P. Otherwise violate the member Agreement, this TOU or any of the Community norms.
Q. Otherwise exceed the following usage limitations in relation to the shared conference space: Members may not have more than ten individuals total in the conference room. All monthly allotments of conference space usage included with memberships, as well as purchases of additional usage, are subject to availability of the conference space. Unused time does not roll over or accrue from month to month.
5. officeLOCALE Required Disclosures.
officeLOCALE reserves the right at all times to disclose any information about you and/ or your participation in and use of the Services as officeLOCALE 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 officeLOCALE’s sole discretion.
A. 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, officeLOCALE or any participant or user of the Services or any employee, affiliate discloses that, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, an knowledge gained through examination or observation of or access to the facilities, computer systems and/ or books and records of officeLOCALE or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
B. Not to use Confidential Information in any way directly or indirectly detrimental to officeLOCALE or any participant or user of the Services.
C. All Confidential Information remains the sole and exclusive property of officeLOCALE or the respective disclosing party. You acknowledge and agree that nothing in the Member Agreement, this TOU or Community Norms, or your participation or use of 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 officeLOCALE or any participant or user of the Services.
7. Participation In or Use of Services.
You acknowledge that you are participating in or using the Services of your own free will and decision. You acknowledge that officeLOCALE does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
8. Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, officeLOCALE PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS AND HEREBY DISCLAIMS 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, WORKMANLIKE 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 CONCERNING ANY USE OF THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF PARTICIPATION IN OR THE USE OF THE SERVICES REMAINS WITH YOU.
9. Exclusion of incidental, Consequential and Certain Other Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL officeLOCALE 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 AND 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 OTHER 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 officeLOCALE, AND EVEN IF officeLOCALE HAS BEEN ADVISED OF THE POSSIBILITY OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation of Liability and Remedies.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE ABD AKK DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF officeLOCALE OR IT’S 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 FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTION 8 AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
officeLOCALE reserves the right to terminate any Service at any time. officeLOCALE further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU or Community norms. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY officeLOCALE NOR THIS AGREEMENT SHALL IN ANY MANNER CONSTITUTE A LANDLORD/TENANT RELATIONSHIP, AND officeLOCALE MAY IMMEDIATELY TERMINATE THE SERVICES FOR ANY REASON AT ANY TIME. Upon termination, you agree to immediately remove any and all of your personal property from the Premises.
You release, and hereby agree to indemnify, defend and save harmless officeLOCALE and officeLOCALE’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 (including, without limitation, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and/ or 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 attorney’s fees and costs incurred by officeLOCALE or its respective officers and agents in connection with the defense of such claim or lawsuit.
As required by the owner of building located at 275 E. Hillcrest Road, Thousand Oaks, CA 91360, officeLOCALE carries Liability and Business Personal Property insurance. officeLOCALE members are not required but it is strongly suggested that they carry an insurance policy to cover their own equipment and personal property while using our space. That policy may cover your current residence/ office, as well as the Premises of officeLOCALE.
15. Additional General Terms.
By signing this TOU, you furthermore agree to the following additional general terms and conditions of your membership:
A. You shall not place anything, or allow anything to be placed, in the common areas, in any, or near the glass or any window, door, partition or wall which may in officeLOCALE’s judgment, appear unsightly from the common areas or from the outside of the building in which the Premises are situated (“Building”).
B. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises. The halls, passages, exits, entrances, elevators, stairways, balconies and roof are not for the use of the general public and officeLOCALE shall in any cases retain the right to control and prevent access thereto by all persons whose presence in the judgment of officeLOCALE, reasonably exercised, shall be prejudicial to the safety, character, reputation and interests of the Building. Neither you nor any of your employees or invites shall go into the basement of the Building or to any other floor without permission.
C. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purposes other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and to the extent by you or your employees or invitees, the expense of any breakage, stoppage or damage resulting from the violation of this norm shall be born by you.
D. You shall not cause any unnecessary janitorial labor or services by reason of your carelessness or indifference in the preservation of good order and cleanliness.
E. You shall not bring upon, use or keep in the Premises or the Building, any kerosene, gasoline or inflammable or combustible fluid or material or use any method of heating or air conditioning other than that supplied by officeLOCALE.
F. Upon the termination of Services, you shall deliver to officeLOCALE all keys and passes which shall have been furnished to you. In the event of the loss of any keys so furnished, you shall pay officeLOCALE therefore. You shall not make, or cause to be made, any duplicates of such keys.
G. When accessing officeLOCALE during unstaffed hours, you shall cause all doors to the Premises to be closed and securely locked before leaving the Building.
H. Without the prior written consent of officeLOCALE, you shall not use the name of officeLOCALE or any picture of officeLOCALE in connection with, or in promoting or advertising your business, except you may use the address of officeLOCALE as the address of your business.
I. You shall cooperate fully with officeLOCALE to assure the most effective operation of the heat and air conditioning, and acknowledge that officeLOCALE is a shared space in which the temperature will be set at a level comfortable to the greatest number of members present by OL office staff.
J. Except with the prior written consent of officeLOCALE, you shall not sell or cause to be sold any items or services at retail in or from the Premises.
K. You shall not conduct any auction nor permit any fire or bankruptcy sale to be held on the Premises, nor store goods, wares or merchandise on the Premises.
L. On evenings, weekends, federally observed holidays and on other days during certain hours for which officeLOCALE may be closed after normal business hours, access to officeLOCALE will be controlled through the use of a card key system. This system will verify any and all persons seeking access to the Building through the use of proper identification to determine if they have rights of access to the Premises. officeLOCALE shall in no case be liable for damages wherein admission to the Building has not been granted during abnormal hours by reason of your failing to properly identify yourself through the use of a card- key, or through the failure of the Building to be unlocked and open for access by you.
M. You shall give prompt notice to officeLOCALE of any accidents to or defects in plumbing, electrical fixtures or heating apparatus reasonably known to you so the same may be attended to properly.
N. Internet Policy: Wireless access to the Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. officeLOCALE is not responsible for any data, business or other losses as a result of such interruptions. You are responsible to protect your own computer and data from electrical surges, theft, virus, or other malicious attack. You agree not to resell any aspect of the Services, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches this TOU and may constitute fraud or theft, for which officeLOCALE reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, login name or password at any time. officeLOCALE will assign you an IP address each time you access the Service, and it will vary. You may not assign your log-in name, password or IP address to any other person.
O. Drop In – Daily Pass: A deposit equal to four hours rent is required at the time of rental. Balances are due on checkout at the end of the rental period. All Co-working space rental payments are nonrefundable. Drop In – Daily Pass members must checkout by 5:00 p.m. each day.
P. Smoking is not permitted in OL facility. Client may ask OL’s receptionist for directions to a designated smoking area.
Q. Co-working provides a means for independent business operators to share information and collaborate on projects. This type of sharing and collaboration among members is highly recommended and encouraged
R. OL has the right to deny or cancel memberships as it deems necessary for any reason whatsoever and Client agree to promptly remove any of Client’s property from OL upon notice of any cancellation of membership
S. Members whose membership provides for conference room time must schedule the use of a conference room through OL’s reception desk or liquid space. Other members may schedule use of the conference room for an additional fee.
T. Activities within the co-working space will be digitally recorded via a security camera. However, OL is not responsible for the security of any member or its guests. Client acknowledges its own responsibility for its security at all times while in or near OL facility
U. Building Entry – Members will be able to enter the building between 7:00 a.m. and 7:00 p.m. Monday - Friday through the front entrance, except for standard business holidays and special occasions. Members whose membership provides for after-hours entry will be assigned an access code to enter the building 24 hours a day. Members provided such access codes agree to keep those codes confidential at all times and refrain from sharing them with any other party whatsoever.
V. Copy Machine - Copying restrictions apply to membership type. All members will be billed at the end of each day for any overages in printing/scanning.
W. Supplies - Client is responsible for providing office supplies such as paper, pens, pencils, staplers, tape, markers, etc. for Client’s own use.
X. Signing In and Out - Each member is required to sign in and out at the Reception Desk every time the member enters or departs from OL facility.
Y. Faxes/Scans may be sent and received from OL. Receiving and sending scans or faxes is free (limited amount per plan). After the free allotted amount scanning $1.00 per page and is billed at the end of each visit.
Z. Shipping – Members, other than Drop-In members, may use OL FedEx, USPS and DHL shipping accounts to send packages. Members will be billed for the actual amount at the end of each visit
AA. Printer – Members are asked to get assistance for all printing and copying services. Additional copies over the plan use are billed at the end of each visit. Prices varies by job type
BB. Conference Room – Members must schedule conference room time through the Receptionist Desk or on LiquidSpace.com in accordance with their membership level. Only business related activities are permitted in the conference room at all times.
CC. Signs – Client shall not display any sign on the exterior or interior of OL facility without the prior written permission of OL.
DD. Warranty - Client specifically recognizes and acknowledges that any business venture to be undertaken by Client depends upon the ability of Client as an independent businessperson, as well as other factors, such as market and economic conditions, beyond the control of OL. Client acknowledges that success or failure of Client’s business enterprise will be dependent on the business acumen and diligence of Client. Client specifically recognizes and stipulates that success or failure of Client’s business will not depend on the performance of OL under this agreement, and OL make no representation or warranty whatsoever as to the success of Client’s business.
16. Entire Agreement. This TOU, the Member Agreement, and Community Norms constitute the entire agreements between the parties pertaining to the subject matter contained therein, and supersede all prior and contemporaneous agreements, representations, and understandings of the parties to such subject matter.
17. Severability. In the event that any provision or portion of this TOU, the Member Agreement or Community Norms is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU, the Member Agreement and Community Norms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
18. Waivers. No waiver shall be binding on officeLOCALE unless executed in writing by an authorized representative of officeLOCALE.
19. Successors and Assigns. This TOU, the Member Agreement and Community Norms shall be binding on your heirs, legal representative, successors and assigns.
20. No Assignment. In no event may you assign in whole or in part your Membership or use of the Services, without the advance written consent of officeLOCALE.
21. Notice. All notices, request, demands or other communications for which this TOU, the Member Agreement or Community Norms provides shall be in writing and shall be addressed at the following addresses:
22. Attorney’s Fees. If officeLOCALE shall bring any action for any relief against you arising out of this TOU, the Member Agreement or Community Norms, the losing party shall pay to the prevailing party a reasonable sum for attorneys fees and costs incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
23. Governing Law. The rights and obligations of hereunder shall be governed by, and this TOU, the Member Agreement and Community Norms shall be construed and enforced in accordance with, the laws of the State of California. Venue for the resolution of any dispute arising out of this TOU, the Member Agreement or Community Norms shall be Ventura County in California.
I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU (including the attached Community Norms) and further agree to be bound to the TOU and Community Norms regarding my participation in and use of the Services.
SIGN: PRINT NAME DATE:
SIGN: PRINT NAME DATE: _____________________________________ _______________________________________________
Community Standards Contract (Dos and Don’ts)
officeLOCALE is a coworking community, which means we respect each other and we look out for each other. Just as important, we respect and take care of our space. As a member of officeLOCALE, we encourage and expect you to take pride and ownership in your community. Here are a few simple rules that we think will help you get more out of your membership:
General Rules & Considerations:
2 Memberships are first come, first served. (Space is subject to availability and reservations take priority).
3 officeLocale is a non-smoking facility. Please be considerate of nonsmoking coworkers and smoke at least 10 feet away from the building.
4 Reception Services: All members must use staff assistance for the use of office equipment.
5 Every person using officeLocale MUST be a paid member. Exceptions: non-members can be on site if they are meeting officeLocale members for business-related meetings or if the non-members have purchased a Day Pass. Members are absolutely accountable for the conduct of their guests.
6 We expect all members to respect and treat the facility and other coworkers and walk in clients with care.
7 The common area (open table) is a shared workspace. Here’s how we can all happily and productively share the space together:
A We ask that you please be considerate of your neighbors when taking phone calls or conversing in general as it is a small work space. You can jump into an unoccupied conference room. If you know you will be on a long call ahead of time, you can book the conference room. You can also bring headphones if you need extra focus for your work (it is the international sign of “don’t bug me right now”)
B Please occupy only one spot at a time in the common area. Taking up multiple spots limits the space available to your fellow members.
C “The 15 Minute Rule”: Feel free to leave your stuff in the common area if you need to slip out. But if you’ll be gone for longer than 15 minutes, please pack your stuff up so your spot is available to for another member. Note: officeLocale is not responsible for your property so be sure to insure your own belongings/equipment.
8 All members must obtain approval from officeLOCALE prior to posting any signs, symbols, or pictures in the windows or doors of the premises, or upon any interior part of the building.
9 Finally, our job is to manage this great community. Got questions, ideas, or suggestions? Need help connecting, catalyzing, and creating? Please feel free to come up to us and chat at anytime!
By checking the box online or signing this document below, you have read and understand all the terms above including appendices 1 and 2 and you accept this AGREEMENT on the date stated in the introductory clause.
SIGN: PRINT NAME DATE:
SIGN: PRINT NAME DATE: _____________________________________ _______________________________________________