Squidterms
standard terms and conditions
1.
Membership Agreement These Terms and Conditions are to be read in
conjunction with the Membership Invoice and these together will constitute the
agreement between the parties. Any variations stated in the Membership Invoice
will take precedence over these standard Terms and Conditions. The Member
acknowledges that the Membership Invoice Terms and Conditions have been read
and are understood and accepted. Membership is not transferable and the Primary
Contact may only be replaced with our written consent.
2.
Application of Names L J
Reynolds & J F McClintock trading as Squidspace will be referred to as “Squidspace”, “our” or “we” in
these Terms and Conditions as appropriate. The individual or company named in
the Membership Invoice is the member and will be referred to as “you” or “the
Member”.
3.
Membership Categories and
Services This agreement relates to
membership of the type and for the term set out in the Membership Invoice. At
our discretion, we may offer a range of membership categories and services,
including at the date of these Terms and Conditions Private Office, Permanent
Desk and Hot Desk Membership. Any additional special terms and conditions which
apply to any of those categories, are either stated in the Membership Invoice
or will be separately notified to the Member.
4.
Membership Term and Renewal The membership term is as stated in the Membership
Invoice. Membership continues until:
In the case of monthly memberships, one month following the notice in writing
by one party to the other of intention to terminate the membership.
In the case of fixed term memberships, the End Date set out in the Membership
Invoice. Termination by Squidspace for
non-payment in accordance with Clauses (8) or (10) below.
Termination by Squidspace for breach in accordance with Clause (23) below. Any prepaid rent paid by the Member may be
offset to unpaid rental invoiced for the notice period.
5.
Commencement of Membership Membership shall commence upon performance of ALL
of the following:
-For individual members or Primary Contact: Providing proof of identity in the
form of either a valid driving licence or current passport.
-First invoice paid to Squidspace with confirmation that payment has been
cleared.
-Automatic Payment or Automated Credit Card Payment completed, signed and
lodged.
-Any additional specific terms as per Clause (3) accepted and acknowledged in
writing or by email confirmation. Upon completion of all the foregoing to
satisfaction of Squidspace, a key(s) or entry codes (as applicable) will be
issued and membership will commence.
6.
Services Squidspace provides members with access to office
and other services as specified in each Membership category, including but not
restricted to, access to the internet and staff support (Services). You
acknowledge that some of these Services are provided to Squidspace and/or you
by third parties, and, although Squidspace will use its reasonable endeavours
to ensure that these services are available to members and/or are provided to a
satisfactory standard, Squidspace cannot and does not give any warranty,
representation or guarantee as to the availability or level of performance of
any such service.
7.
Modifications to Membership and Services Squidspace reserves the
right to modify or discontinue all or part of the membership or Services,
temporarily or permanently, with or without notice to the Member, and is under
no obligation to support or update the Services detailed in Clause (6) above.
Any amendment to the Terms and Conditions shall be effective immediately
following email notification to You. You acknowledge and agree that we shall
not be liable to you or any third party if we exercise our right to modify or
discontinue all or part of the Services. In the case of Monthly memberships, we
reserve the right, in our sole discretion, to change Squidspace pricing upon 30
days' notice being given to members by email notification.
8.
Membership Payments and Credit
Policy A Membership monthly fee is
due and payable in advance by the beginning of the month. All amounts payable are exclusive of Goods and
Services Tax (GST). Standard charges for
other services provided as part of your membership may be included in an
invoice issued. Where payment of any invoice is not made by the due date, a
first payment default notice will be issued to the Member. The total
outstanding (including default interest) must be paid within 7 days of receipt
of the default notice. This notice will be issued by email or in writing and
will be deemed to have been received by the member on the date it was sent.
Squidspace reserves the right in its sole discretion to terminate membership
for non-payment. In the event of any default a Member on a fixed term
membership will be immediately required to pay for the balance of the Term.
This applies whether or not this agreement is terminated.
9.
Monthly charges for Ancillary
Services provided by Squidspace All charges for Services
used which are not included in the Membership fee will be invoiced to you by
Squidspace normally on a monthly basis following month end. Payment for these
ancillary charges must be paid by 7th of the month of invoice.
10.
Payment Default for Ancillary
Charges Should payment of the
ancillary charges not be honoured on the date they fall due, a first payment
default notice will be issued to the member together with an invoice for a late
payment fee. The total of the payment default and the fee must be paid within 7
days of receipt of the default notice. This notice will be issued by email or
in writing and is deemed to have been received by the member on the date it was
sent.
11.
Penalty Interest and Collection
Charges Squidspace reserves the
right, in their sole discretion to charge penalty interest for overdue payments
of 10%. In the event that any unpaid member account and charges as detailed
above is referred to a collection agency or lawyer, all costs of collection
will be payable by the Member.
12.
Disputed Charges No disputes for charges invoiced by Squidspace
will be recognised by Squidspace unless notification is made by email
to lisa@squidspace.nz within 5 working days of issue of invoice. The
disputed amount will be set aside until the dispute is resolved. In the
interim, the undisputed portion of the relevant invoice must be made in
accordance with the payment procedure detailed in Clauses (7) and (8) above.
13.
Space – common areas at Squidspace will provide a
variety of workspaces with additional rights and obligations specific to the
terms of each Membership category. We have designed the common spaces so that
anyone visiting should be able to find a seat and, most of the time, we hope
that members will be able to use the common space immediately around them. However,
please avoid occupying more than one seating location at any one time and if
you leave a common space, please do not try to “reserve” it. Please: respect
the rule of not more than 2 guests at a time; avoid moving furniture around
without checking with our staff first; and be prepared to share your sofa or
table with another member if Squidspace is busy.
14.
Business Address and Mail Depending on the Service(s) chosen by you, you may be
entitled to use the Squidspace business address as your registered office,
address for service or other business address. You will not in any way use or
combine our name, in whole or in part, for the purpose of trading activities.
Mail will be delivered to our Resident mail tray unless we have agreed
otherwise with you. In such case: You will be responsible for all resulting
forwarding and service charges; neither we nor our agents shall be responsible
for any delay or loss of mail during the forwarding process; we will not be
liable for any loss sustained as a result of any mechanical breakdown, strike,
delay or failure of any staff, manager or caretaker to perform their duties; we
reserve the right not to accept any items that exceed a reasonable size; we are
entitled in our absolute discretion to return uncollected items or refuse to
accept any quantity of items we consider to be unreasonable or unlawful; and on
termination of your membership, you agree that no further mail or deliveries
will be made or accepted by us. If any parcel, chattel, packet or other object
other than mail addressed to the Member is delivered to the Premises, we have
no responsibility or liability if you or the sender fail to remove the same
within one month of receiving notice from us of receipt of such item.
15.
Internet Connectivity and
security Squidspace broadband and/or
the Squidspace services may only be used for lawful purposes in accordance with
all laws, statutes and regulations in force from time to time in New Zealand.
You may not use Squidspace broadband and/or the Squidspace to send, receive,
store, distribute, transmit, post, upload or download any materials or data
which: violates any Law; is defamatory, offensive, abusive, indecent, obscene,
or constitutes harassment; is or may be harmful to minors; promotes or
encourages illegal or socially unacceptable or irresponsible behaviour; is in
breach of any third party rights (including any third party intellectual
property rights); has any fraudulent purpose or effect or involves you
impersonating another person or otherwise misrepresenting yourself as the
source of any communication; damages or may damage our name and/or reputation
or the name and/or reputation of our sub-contractors or agents. Finally, you
must not to divulge the wireless password to guests under any circumstances as
this compromises the security of the network.
16.
Usage You agree that you will not use any of the
business address for any obscene, illegal, immoral or defamatory purposes and
will not in any way bring Squidspace into disrepute. Although we aim to offer
excellent business services, we are a shared space, and therefore all services
are offered on a reasonable use basis. Please be mindful of other members when
using Squidspace. Squidspace reserves the right to charge additional fees where
usage is deemed to be excessive or unreasonable.
17.
Keys and After Hours Access Key cards will be issued to members who rent
private office space. Lost or stolen keys should be reported to a member of
staff and a replacement will be provided at a charge of $10 plus GST per key
card. If Squidspace suffers loss or
damage arising from unauthorised after hours access as a result of a Member’s
negligence that Member will be required to compensate Squidspace in full for
that loss or damage.
18.
Code of Conduct We may from time to time publish and update on
the website a code of conduct (Code of Conduct). You must observe the Code of
Conduct.
19.
Timaru Precinct and building
rules We will from time to time
publish and update on the website any Timaru Precinct and building rules
relevant to your membership. You must observe these rules.
20.
Guests You can bring up to 1 guest at any one time, or
more if you arrange it with us beforehand. You will be responsible for your guests'
behaviour under all circumstances and we reserve the right to exclude a guest
or ask them to leave at our sole discretion and without explanation.
21.
Telephone Etiquette Squidspace allows members to make telephone calls
within Squidspace on their mobile phones. However members are asked to: set the
phone's ring volume to silent, or the lowest effective ringing volume; answer
phone calls promptly and not leave active phones unattended; and respect their
fellow members' right to a civilised working environment by talking as quietly
as possible. Any member persistently ignoring these guidelines may be
immediately barred from Squidspace.
22.
Lobby Terms Squidspace will operate its own version of 'lobby
terms'. It is a 'gentleman's agreement' that, unless agreed otherwise, matters
raised in conversation between members and guests, or overheard by another
member, are not to be used for commercial or journalistic purposes. Any member
breaching lobby terms may be liable to expulsion with immediate effect.
23.
Images and Video - Release Members consent to Squidspace using their
names, likeness, image and/or voice in any legitimate form of
promotion/update/notices. Sources will be used by Squidspace alone and not be
used or sold by a third party. Images include those taken at any function or
event held or hosted by Squidspace. Members also consent to Squidspace allowing
filming on the premises from time to time.
24.
Squidspace or Member Property Any member who wilfully removes, damages, or
destroys any article or property belonging to Squidspace, or to its members, or
to guests on the premises will be liable to immediate expulsion. Any
destruction, damage or theft shall be paid by the member, subject to a 30 day
period during which a member may present an explanation or dispute the claim.
25.
Disciplinary Procedure and our
termination of your membership If you do any of the
following then we can, at our sole discretion, terminate your membership in
writing or by email notification with immediate effect: infringe these Terms
and Conditions or breach the Code of Conduct; be obnoxious to another member;
be considered guilty of misconduct; or bring Squidspace into disrepute. Conduct
warranting immediate membership termination may include, but is not limited to:
disruptive behaviour, including loud and intrusive meetings or use of phones;
violent or abusive behaviour; and the communication of information concerning
Squidspace, members or their guests' affairs in Squidspace to the media. We may
evict or exclude any member or guest whose behaviour we consider to amount to
misconduct. Squidspace reserves the right to exclude any member or guest
whether for a fixed period of time or permanently without stating a reason. Any
member that is permanently barred from Squidspace as a result of a breach of
these rules will be liable for payment of monthly fees until the End Date as
stated in the Membership Invoice. Such fees and any other costs relating to
termination or non-payment will be payable on demand to Squidspace following
issue of termination notice and Invoice in accordance with clause (8).
26.
Complaints Members' complaints shall be put in writing to us
and will be fully considered, if necessary, by us.
27.
Suggestions We welcome all suggestions which can be made by
writing to lisa@squidspace.nz
28.
Disclaimer Squidspace shall not be liable for any damage to
or loss or theft of any member's personal property while on the premises. All
warranties, conditions and other terms implied by statute or common law are, to
the fullest extent permitted by law, excluded. Also, we cannot accept and hereby exclude any
liability for any indirect or consequential losses or for any of the following
types of loss (in each case whether direct or indirect) suffered or incurred by
a member arising out of any failure by Squidspace to comply with these rules or
in relation to the operation of Squidspace, including without limitation any
unavailability or poor performance of any of the office services: loss of
profit; loss of revenue; loss of anticipated savings; loss of business,
opportunity or contract; loss of goodwill; and loss of or corruption to data.
If, notwithstanding the foregoing, Squidspace is liable to any member whether
in contract, tort (including negligence or breach of statutory duty) or
otherwise for any reason arising out of the operation of Squidspace, our
liability shall be limited in any calendar year to an amount equal to the
annual membership fees paid by such member in such year.
29.
General Our facilities are available to some members 24
hours 7 days a week. However, business hours are defined as 9:00 am to 5:00 pm
Monday to Friday, excluding bank and public holidays. Any notice required to be
given under this agreement can be given by email.
30.
Governing Law This agreement shall be governed by the law of
New Zealand and New Zealand Courts shall have exclusive jurisdiction in respect
of any dispute between a member and Squidspace arising out of or in relation to
it.
31.
Privacy Act and Privacy Policy All information that you give us will be kept
confidential and only used for purposes which you have agreed to or in respect
of which you have otherwise given us permission. We will use the information
you provide to us to: arrange and provide the Services; keep in contact with
you; invoice and arrange payment of the price for the Services; with your
permission, keep you up to date with information about services provided by us
and our partners and providers; with your permission, send you information we
think you may find useful, including information about new products and
services we may be offering, or plan to offer. We may disclose aggregate
statistics about our members in order to describe our services to prospective
partners, advertisers and other reputable third parties and for other lawful
purposes, but these statistics will include no personally identifying
information. We may disclose personal information if required to do so by law
or if we believes that such action is necessary to protect and defend the
rights, property or personal safety of Squidspace or any member. We place great
importance on the security of all personally identifiable information
associated with our clients, partners and providers. We have security measures
in place to attempt to protect against the loss, misuse and alteration of
personal information data under our control. While we cannot ensure or
guarantee that loss, misuse or alteration of data will not occur, we use our
best efforts to prevent this. You have a legal right to a copy of all the
personal information we hold about you. You also have a right to correct any
errors in that information. You have a right to prevent us using your personal
information for direct marketing purposes.
