Terms and conditions
General Terms and Conditions
The Foundry Cowork Terms of Service
MEMBERSHIP TERMS AND CONDITIONS
Please take the time to read these terms and conditions. By using our website and services, you are agreeing to these terms and conditions.
1. Definitions
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 4.8.
Services means services included in your Membership as identified on the Website, as updated and amended by us from time to time.
The Website means the website https://thefoundrycowork.com.au
We / Us etc means The Foundry Cowork and any subsidiaries, affiliates, employees, officers, agents or assigns.
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.
Our Property means any furniture, equipment, documents or other property in the Space that is owned or controlled by us or our service providers.
Your Property means any equipment, documents, property or possessions that you bring into the Space.
Space means the building and facilities where our coworking space is located at the address listed on the Website.
Meeting Room means the private meeting room within the Space.
2. The Space
2.1. The Space is an open plan, shared office environment. We ask that you consider other Members and use the Space in a respectful manner. Offensive language or threatening behaviour towards staff or other Members will not be tolerated. Damage to Our Property or the property of another Member will also not be tolerated. We reserve the right to promptly remove offenders from the Space and immediately cancel their Membership.
2.2. You must: a) not use the Space for any illegal purpose; b) not alter the Space, including bringing additional furniture, appliances, wall fixtures or similar to the Space.
2.3. You acknowledge that due to the open plan nature of the Space, you may occasionally overhear sensitive information and you agree to respect the right of privacy and confidentiality of other Members in such circumstances.
2.4. 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.
2.5. 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.
2.6. 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.
2.7. Depending on the Membership level, each Member is issued with either an access code or access swipe pass to enter the Space. Access codes and passes are not transferable and must be returned to us at the end of your Membership. You must not lend your access code or pass to any other person, and must notify us immediately if it is lost or stolen in which case we will issue you with a replacement at your expense.
2.8. Visitors who are not Members are welcome purchase a Day Pass to use The Space and are only permitted in the Space during business hours (9am-6pm, Monday to Friday, excluding public holidays). All visitors must sign in at the reception desk prior to entering the Space. We reserve the right to refuse entry to any visitor that does not sign in.
3. Membership
3.1. These Terms need to be agreed to by you before you can commence your Membership. Do not proceed with membership if there is anything that you do not agree with or do not understand in these Terms. Contact us at hello@thefoundrycowork.com.au and we can try to address your concerns.
3.2. In consideration for you paying us the Fees, we are committed to providing the Services to the best of our ability, and in accordance with any of our Policies. Contact us at hello@thefoundrycowork.com.au if we are not meeting your expectations - we value your feedback.
3.3. Your Membership is personal to you and is not transferable.
3.4. 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 specific part of the Space and you may required to move desks within the Space on any given day; b) your Membership does not constitute a landlord and tenant relationship; c) you have no right to exclude access to your desk. We retain control, possession and management of the Space and ; d) We make no warranties that the Space is suitable for the purpose you intend to use it for. You must ensure that the Space meets your individual business requirements.
4. Membership Fees
4.1. We will provide you with the Services in consideration for you paying the Fees in the manner identified in clause 4.2 and 4.3 below.
4.2. Payment of the Fees is by automatic direct debit from a debit or credit card nominated by you (Visa, Mastercard and Amex) and there are no transaction fees added.
4.3. Unless you are notified otherwise, the Fees and any other prices referenced on our Website or otherwise communicated to you do not incur a GST component.
4.4. The Fees will be debited monthly in advance from the account nominated by you under clause 4.2 on the day of the month you signed up, or the next available business day, and will continue to be debited until your Membership ends in accordance with clause 5.
4.5. It is your responsibility to ensure that there are sufficient funds in your nominated account to enable the successful debit of the Fees each month, and that your payment details are always kept up-to-date. If a transaction is declined 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.
4.6. 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.
4.7. It is your responsibility to ensure that you return your access code or pass and any other items of Our Property on termination or cancellation of your Membership. If you lose your access pass or fail to return it 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 4.2.
4.8. The Fees are subject to change at our discretion. You will be notified in writing 3 months prior to any increase or change in the Fees taking effect.
5. Renewing, Cancelling or Changing your Membership
5.1. Your Membership will be automatically renewed for the next month if it has not been cancelled in accordance with clauses 5.2, 5.3 or 5.4.
5.2. You may request to cancel your Membership by notifying staff in writing at hello@thefoundrycowork.com.au. Such cancellation will take effect on the last day of that month's membership. (For example, if your membership starts on the 4th of the month, your Membership will end on the 3rd of the following month.)
5.3. 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 that month's membership in which we notify you of our intention to cancel your Membership.
5.4. We may cancel your Membership with immediate effect if you: a) breach any of your other obligations in these Terms; or b) fail to pay the Fees, and such failure is not remedied within 7 days of being notified by us; or
5.5. Cancellation of your Membership under clauses 5.2, 5.3 or 5.4 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.
5.6. These Terms may change at any time, provided we give you 3 months’ written notice of the changes. You may contact us at hello@thefoundrycowork.com.au if you are unhappy with any proposed changes to these Terms.
5.7. You may change your personal and billing information by contacting staff at hello@thefoundrycowork.com.au.
6. Meeting Room
6.1. Your Membership entitles you to an allowance of Meeting Room bookings at no additional cost. Bookings in excess of your allowance will attract additional fees in accordance with our Policies, as amended from time to time.
6.2. The Meeting Room must be booked via the booking system made available to you by us. We reserve the right to vary your booking or amend or suspend access to the Meeting Room as may be reasonably necessary from time to time.
6.3. Any fees associated with Meeting Room bookings will be paid in advance by credit card, in accordance with our Policies.
7. Internet Service
7.1. We provide a top tier NBN connection to our Members, and will endeavour to maintain the best internet access possible at our physical address as part of your Membership. You understand that outages or decreased service levels that are out of our control may occur from time to time, and that you are responsible for any backup internet measures (i.e. phone hotspot or dongle connection) as are necessary for your business.
7.2. We make no statements or guarantees about the security of our NBN internet connection. You must take any security measures (i.e. encryption) or backup internet measures (i.e. phone hotspot or dongle) as are necessary for your business.
8. Insurance
8.1. We hold a public liability insurance policy that covers the Space, as well as our own contents insurance. Our contents insurance does not extend to Your Property or the property of your 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.
8.2. We do not accept responsibility for any loss or damage to any of Your Property left unattended or unsecured in the Space.
8.3. 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 visitors you bring into the Space.
8.4. 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.
9. Confidentiality
9.1. We ensure that any information including Confidential Information you provide us remains confidential. You agree that any Confidential Information you provide to us also remains confidential.
9.2. As The Space is an open plan shared workspace, you may find that you are working alongside competitors in your field of business. It is your responsibility to protect your Confidential Information and any obligations of confidence you owe to any third party. We will not be liable for any unauthorised disclosure of your Confidential Information by you or other Members.
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 you agree that We will not be liable for any delay or failure in you performing your business obligations. You may cancel the Membership if the delay or failure continues for a period of 30 days or more.
11. Privacy
We are committed to maintaining the confidentiality and security of your personal information and managing it in an open and transparent way. We take our obligations under the Privacy Act 1988 and the Australia Privacy Principles very seriously and have implemented practices, procedures and systems to ensure we comply with those laws. Refer to our full Privacy Policy.
12. Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site. The information contained on this Website should not take the place of professional advice.