Membership Terms and Conditions
This document provides the terms and conditions (Terms) on which Stump-Jump Co-Lab of 310 Bay Road, Cheltenham, Victoria 3192 (we, our, us) grants Membership to the Member (you, your).
1. Definitions
The following definitions apply to these Terms:
Fees: means the monies stated in Clause 5 as they apply to your elected Membership level, and any additional 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.
Location: means office at 310 Bay Road, Cheltenham, Victoria 3192, Australia
Member: means you the person granted membership by us and including persons that are part of a company or group taking space.
Membership: means the access to Space and Services that is granted to Members.
Notice: means termination period given to close Membership
Property: means equipment, furniture, documents, property or possessions that are ours when stated “our Property”, and that yours when stated “your Property.”
Services: means our services provided as stated in Clause 5 for the Membership level you have elected.
Space: means building and facilities at the Location
2. The Membership
2.1. On signing this document, you will have agreed to these Terms, and this date of signing will be the date of commencement of your Membership, and Clause 5 fees shall be paid, and services provided.
2.2. You understand that the Membership is providing a license for you to use the Space, and that this is not in any way a lease or tenant – landlord relationship. Also, that we may ask you to move to a comparable desk if our needs require so.
2.3. You understand that this is your Membership and is not transferrable.
2.4. You acknowledge and agree that we retain control, possession and management of the Space.
2.5. You cannot enter into any type of employment or contracting relationship with our staff without our express permission.
2.6. You shall ensure that the Space we provide meets the needs of your business, in its as-is state, as we provide no warranties or representations that it is fit for your purpose.
3. The Space
3.1. You shall follow our requirements regarding security, keys, parking and other such matters common to all occupants.
3.2. You shall conduct yourself in a businesslike manner, including keeping noise levels so as not to interfere with other members, and keeping language moderate so as not to offend other members.
3.3. You shall comply with all the relevant laws and regulations in the conduct of your business. You must not do anything illegal in connection with the use of our Space and Services.
3.4. We maintain the property to ensure it complies with relevant legal and regulatory requirements and require that you ensure that no exit routes are obstructed, and that your Property is safe.
3.5. We provide security in the form of key tag access, sensors and alarms, and CCTV. Access (key tag), if provided for your Membership level, is not transferable, must be returned at end of Membership, and you must notify us immediately if access is compromised (eg. key tag lost or stolen).
3.6. You remain responsible for your Property, including from risk of theft and damage. We shall in no way be responsible for theft or damage to your Property.
3.7. We require you to respect the right of privacy and confidentiality of other Members.
3.8. You shall respect the Space provided, and understand that damage to our Property, or that of another Member, will not be tolerated. You understand that you will be liable for and agree to make good or indemnify (at our option) for any damage caused to the Space or our Property, or for any claim brought against us.
3.9. We have the right to remove offenders from the Space and suspend or cancel their Membership and access.
3.10. We provide Services during normal opening ours, and by arrangement with us, this can be extended to 24 hours a day, 7 days a week. The key Services are specified in Clause 5, and in general include high-speed wireless internet, lighting, air conditioning and heating, electricity and by arrangement with us telephones and other business services. Provided for communal use will also be a kettle, fridge, coffee machine, vacuum cleaner and basic kitchen utensils. We provide general cleaning services but require you to tidy Space and Services as used by you. You may utilize our address, but you are responsible for the collection of mail from the letterbox.
3.11 Office furniture and equipment: You may not install alter the space without prior written consent from us. If consent is given, installation must be overseen by us. Prior to vacating the space, the you must restore the space to its original condition before the works were undertaken, unless agreed upon otherwise in writing, fair wear and tear excepted.
3.12 Access to the accommodation(s): Your ability to access the space is determined by your agreed-upon membership. Unless there is an emergency, or you have given notice to terminate, we’ll attempt to notify you verbally or electronically in advance when we need to carry out maintenance works other than routine inspection, cleaning and maintenance. We will endeavour to take reasonable security procedures to protect the confidentiality of your business.
4. Any Changes and Cancellation
4.1. We can modify these Terms by providing notice to you.
4.2. Your Membership continues automatically unless you, or we, provide notice of cancellation per clause 4.3 and 4.4.
4.3. You are able to cancel your Membership by request to us in writing, and such cancellation will take effect on the last day of the month after the month we receive your cancellation request.
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. Your Membership may be cancelled with immediate effect if you fail to pay Fees or fail to comply with our policies or breach your obligations of the Terms, and you do not remedy your breach within 7 days of being notified by us.
4.5. Cancellation of your Membership 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. Membership Fees
5.1. The following table provides scope and prices of Space and Services available for different types of Membership. Included items are marked “X”, and option (extra price) items marked “O”.
Note 1. Full and Premium pass Members receive their own access key for 24/7 access. Whilst 24/7 access is available, working hours are to be restricted to 7am to 9pm until 1st January 2019.
Note 2. The Space has downstairs area with twenty standard desk positions, and eight hot desk (bench) positions. The Space has upstairs area with nine premium desk positions, which are somewhat larger and more private than downstairs desk positions.
Note 3. Downstairs and upstairs each have kitchen and toilet facilities. Downstairs has coffee (bean feed) machine and bar facilities. Upstairs bathroom has a shower.
Note 4. Breakout areas include front foyer/reception area, dedicated chill area upstairs, and bar lounging area downstairs. Each has 4K television, with wired internet, and HDMI and USB connection, Netflix, and various combinations of Testra TV and video-conferencing. Conference room also has A/V. Other A/V services include MusicCast system to three areas, and Amazon Alexa.
Note 5. Conference room is available for external hire at $60 per hour or $400 per day. Members receive 50% discount. Small Meeting Room is available for $40 an hour or $150 for a half day, members receive 50% discount.
Note 6. Photoshoot area and facilities are available for external hire at $100 per hour (minimum 3 hour hire). Members receive 50% discount. Camera equipment is available for hire to qualified users, under separate schedule and terms.
Note 7. There is limited dedicated parking available. This is an extra charge of $200 per month, subject to availability.
Note 8. There is a warehouse area with pallet racking. Long term storage (>6 months) is available at $100 per pallet per month. Due to car parking in the warehouse, and limited fork lift availability, short term storage is not available, but may be available from 1st January 2019, subject to demand.
Note 9. Internet provider is Uniti (subject to change) with stated speed of 40 mb/s, with typical download measured speed of 30-50 MB/s. We, and you, are subject to their speed/capacity, availability and terms. In the case of a failure, a backup Telstra connection is in place, however this has limited data & speed available, and therefore cannot be used for entertainment purposes, only for emails and other critical business activities – until the primary network is back online.
Note 10. Printers include business level laser black and white printer, and laser colour printer. Full Pass Members have fair use of b&w printer, Premium Pass Members have fair use of B&W and colour printers. Fair use is considered 500 sheets (ream) b&w (additional at 5 cents/sheet) and 100 sheets colour (additional at 30 cents/sheet) per month. Additional printing for all Members is at our standard page rates.
Note 11. Security system consists of key tab electric front and rear door latching, motion sensors in all three main areas, system connected fire/smoke detectors, CCTV with seven cameras, and remote activation and monitoring of systems.
Note 12. We may provide ancillary services from February 2019 (TBC), please check with the office manager. Services may include; serviced conference room meetings, attended/catered bar and event, secretarial, printing, book-keeping, and others (TBC).
Note 13. As the collaborative develops, we expect that there may be mutual benefit between us and various Members for paid and unpaid exchanges of services. An example may be contracts obtained by us that need additional personal, and you have the requisite skills and time to undertake such work. Such work will be under separate agreement.
Note 14. Discounts apply to longer periods. Discounts apply to groups (two or more people). In certain circumstances, we may offer subsidized Space for time and skills exchanged for collaborative work (see Note 13. Above).
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 in writing between you and us, we prefer payment of the Fees by automatic direct debit from a bank account or credit card nominated by you (Visa, Mastercard and Amex). For an introductory time, we also accept electronic payment from you to our nominated bank account. Merchant terminal may also be introduced in the future, primarily for benefit of Day Pass users.
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 herein 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 key tag pass (if provided), 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. Fair Use of the Space & Services
6.1. As per the table in clause 5.1, various Spaces and Services are included, depending on Membership level. Additional space and services are available at additional cost. Whether it is a defined usage (as per conference room or chat room), or “fair use,” we expect you to monitor usage. Limited carryover of entitlement is allowed to the following month, subject demand. For use greater than that defined or fair we shall charge at stated Space or Service additional rates. Any abuse of such defined or fair use requirements may result in cancellation of your Membership.
6.2. Short term visitors (<1 hour/day) are allowed occasionally between 9am-5pm Monday to Friday, for a short period, but should only be in the breakout areas, or conference room if this is paid or included usage. Visitors must sign in for security purposes. Visitors can purchase a Day Pass if they stay longer.
6.3. You must only use the Space for office purposes. The use of Space of “retail” or “medical” nature is not allowed, nor is anything that requires frequent visits by members of the public.
6.4. You must not carry on a business that competes with our business in providing Space or Services, unless otherwise approved.
6.5. You may only carry on your business in the name specified on the front page of this Agreement, or other name our prior written consent.
7. Security and Confidential Information
7.1. Any Confidential Information you give us, or we give you, remains confidential. We will take reasonable care to protect Confidential Information you disclose to us, and you agree to protect our information similarly, and not to disclose it to any third party.
7.2. We hope to form a collaborative that emphasizes complementary skills rather than competing skills, however you may find that you are working in close proximity to individuals or organizations that compete with your business. It is your responsibility to adequately protect your Confidential Information. We will not be liable for any unauthorized disclosure of your Confidential Information, unless such disclosure occurs as a result of a breach of our confidentiality obligations to you.
7.3. 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.
7.4. The Space is not patrolled by security and you must alarm the Space upon exiting the Space via the key tag given. It is the responsibility of the last person exiting the Space each day to securely turn of the lights and alarm the building. You are responsible for any liability, loss, damage or costs incurred by us arising from your failure to comply with this clause.
8. Liability and Insurance
8.1. We maintain a public liability insurance and building insurance policy that covers the Space. Our 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 Victorian Work Cover requirements.
8.2. We do not accept responsibility for loss or damage to any of your Property left unattended or unsecured in the Space.
8.3 Our liability to you for our 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.
8.4. 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.
8.5. 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.
9. 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.