Terms & Conditions
Dream Worx LLC
1. Product Definition
1.2 Mailbox Services: Entitles the Client to receive mail at the Provider’s Center specified in this Agreement (“designated Center”). The Client may use the address of the designated Center for business correspondence subject to exception in certain locations.
1.3 Client Membership: Includes, Individual and Corporate Dedicated Desk, Gold Flex, and Silver Flex members. In addition, the Client is entitled to receive faxes at the designated Center. The Silver Flex product provides 8 days of open office usage per month plus 2 hours of private conference room time at the designated Center. The Dedicated Desk products and Gold Flex product provides unlimited use of office usage per month at the designated Center plus six (6) hours of private conference room time per month for Dedicated Desk members and four (4) hours of private conference room time per month for Gold Flex members, subject to availability and business hours of operation.
2. This Agreement
2.1 Comply with House Rules: The Client must comply with any House Rules which the Provider imposes generally on users of the designated Center. Such rules are developed and/or imposed to protect Client’s use of the designated Center for work.
2.2 AUTOMATIC RENEWAL: THIS AGREEMENT LASTS FOR THE PERIOD STATED IN IT AND THEN WILL BE EXTENDED AUTOMATICALLY FOR SUCCESSIVE PERIODS EQUAL TO THE CURRENT TERM UNTIL TERMINATED BY THE CLIENT OR BY THE PROVIDER PERSUANT TO SECTION
2.3. ALL PERIODS SHALL RUN TO THE LAST DAY OF THE MONTH IN WHICH THEY WOULD OTHERWISE EXPIRE. THE FEES ON ANY RENEWAL WILL BE AT THE THEN PREVAILING MARKET RATE. THIS CLAUSE DOES NOT APPLY TO MONTH TO MONTH AGREEMENTS.
2.4 CANCELLATION: EITHER THE PROVIDER OR THE CLIENT CAN TERMINATE THIS AGREEMENT AT THE END DATE STATED IN IT, OR AT THE END OF ANY EXTENSION OR RENEWAL PERIOD, BY GIVING AT LEAST 30 DAYS WRITTEN NOTICE TO THE OTHER.
2.5. Ending this Agreement immediately: To the maximum extent permitted by applicable law, the Provider may put an end to this Agreement immediately by giving the Client notice and without need to follow any additional procedure if (a) the Client becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as they fall due, or (b) the Client is in breach of one of its obligations which cannot be put right, or (c) its conduct, or that of someone at the Center with its permission or invitation, is incompatible with ordinary office use which shall be determined at the Provider’s sole discretion and (i) such conduct is repeated despite the Client having been given a warning or (ii) such conduct is material enough (in the Provider’s opinion) to warrant immediate termination. If the Provider puts an end to this Agreement for any of these reasons it does not put an end to any outstanding obligations, including the payment of any additional services used, requested or required under the agreement as well as the monthly fee for the remainder of the period for which this Agreement would have lasted if the Provider had not ended it.
2.6 If the Center is no longer available: In the event that the Provider is no longer able to provide the services at the designated Center stated in this Agreement then this agreement will end and the Client will only have to pay monthly fees up to the date it ends and for the additional services the Client has used. The Provider will try to find suitable alternative for the Client at another Provider Center.
2.7 Employees: While this Agreement is in force and for a period of six months after it ends, neither the Provider nor the Client may knowingly solicit or offer employment to any of the other’s staff employed in the designated Center. This obligation applies to any employee employed at the designated Center up to that employee’s termination of employment, and for three months thereafter. It is stipulated that the breaching party shall pay the non-breaching party the equivalent of six months’ salary for any employee concerned. Nothing in this clause shall prevent either the Provider or the Client from employing an individual who responds in good faith and independently to an advertisement which is made to the public at large.
2.8 Notices: All formal notices must be in writing, which may include email, to the address first written on the front page of the Agreement. It is the Client’s responsibility to keep their address of record up to date with the designated Center at all times.
2.9 Confidentiality: The terms of this Agreement are confidential. Neither the Provider nor the Client may disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues for a period of 3 years after this Agreement ends.
2.10 Applicable law: This agreement is interpreted and enforced in accordance with the law of the place where the relevant Center is located. All dispute resolution proceedings will be conducted in the country, state or province where the Center is located. If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.
3.1 Compliance with the law: The Client must comply with all relevant laws and regulations in the conduct of its business. The Client must do nothing illegal in connection with its use of the Business Center. The Client must not do anything that may interfere with the use of the Center by the Provider or by others, (including but not limited to political campaigning or immoral activity), cause any nuisance or annoyance, increase the insurance premiums the Provider has to pay, or cause loss or damage to the Provider (including damage to reputation) or to the owner of any interest in the building which contains the Center the Client is using. Both the Client and the Provider shall comply at all times with all relevant anti-bribery and anticorruption laws.
3.2 If the Provider has been advised by any government authority or other legislative body that it has reasonable suspicion that the Client is conducting criminal activities from the Center then the Provider shall be entitled to terminate this agreement with immediate effect.
3.3 The Client acknowledges that (a) the terms of this clause are a material inducement in the Provider’s execution of this agreement and (b) any violation by the Client of this clause shall constitute a material default by the Client hereunder, entitling the Provider to terminate this agreement, without further notice or procedure.
3.4 The Client acknowledges and accepts that its personal data may be transferred or made accessible to all entities of the Provider group, wherever located, for the purposes of providing the services herein.
4.1 The Client must not carry on a business that competes with the Provider’s business of providing serviced office accommodations, virtual offices or its ancillary services.
4.2 The Client’s name and address: The Client may only carry on that business in its name or some other name that the Provider previously agrees.
4.3 Use of the Center Address: The Client may use the designated Center address as its business address. The Client is not permitted to use the address of the designated Center as their registered office address unless permitted by law and by the Provider and (if relevant) by local compliance rules. Any other uses are prohibited without the Provider’s prior written consent.
5. The Provider’s Liability
To the maximum extent permitted by applicable law, the Provider will not be liable for any loss sustained as a result of the Provider’s failure to provide a service as a result of any mechanical breakdown, strike, or termination of the Provider’s interest in the building containing the Center. THE CLIENT EXPRESSLY AND SPECIFICALLY AGREES TO WAIVE, AND AGREES NOT TO MAKE, ANY CLAIM FOR DAMAGES, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS, REVENUE, PROFITS OR DATA, FOR ANY REASON WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY FAILURE TO FURNISH ANY SERVICE PROVIDED HEREUNDER, ANY ERROR OR OMISSION WITH RESPECT THERETO, FROM FAILURE OF ANY AND ALL COURIER SERVICE TO DELIVER ON TIME OR OTHERWISE DELIVER ANY ITEMS (MAIL, PACKAGES, ETC.) OR ANY INTERRUPTION OF SERVICES.
6.1 Taxes and duty charges: The Client agrees to pay promptly (i) all sales, use, excise and any other taxes and license fees which the Client is required to pay to any governmental authority (and, at the Provider’s request, will provide to the Provider evidence of such payment) and (ii) any taxes paid by the Provider to any governmental authority that are attributable to the accommodation, where applicable, including, without limitation, any gross receipts, rent and occupancy taxes, tangible personal property taxes, stamp tax or other documentary taxes and fees.
6.2 Service Retainer/Deposit: The Client will be required to pay a service retainer/deposit equivalent to two months of the monthly fee (plus VAT/Tax where applicable) upon entering into this Agreement unless a greater amount is specified on the front of this agreement. This will be held by the Provider without generating interest as security for performance of all the Client’s obligations under this Agreement. The service retainer/deposit or any balance will be returned to the Client when the Client has settled its account which includes deducting outstanding fees and other costs due to the Provider. The Provider may require the Client to pay an increased retainer/deposit if outstanding fees exceed the service retainer/deposit held and/or the Client frequently fail to pay the Provider’s fees when due.
6.3 Registration Fee: The Client will be charged a one-time registration fee. This fee is listed in the House Rules.
6.4 Payment: The Provider is continually striving to reduce its environmental impact and supports its clients in doing the same. Therefore the Provider will send all invoices electronically (where allowed by law) and the Client will make payments via an automated method such as Direct Debit or Credit Card, wherever local banking systems permit unless another form of payment is offered to the Client as a qualified and current Key Account. All amounts payable by the Client under this agreement may be assigned to other members of the Provider’s group.
6.5 Late payment: If the Client does not pay fees when due, a fee will be charged on all overdue balances. This fee will differ by country and is listed in the House Rules. If the Client disputes any part of an invoice the Client must pay the amount not in dispute by the due date or be subject to late fees. The Provider also reserves the right to withhold services (including for the avoidance of doubt, denying the Client access to its accommodation, where applicable) while there are any outstanding fees and/or interest or the Client is in breach of this Agreement.
6.6 Insufficient Funds: The Client will pay a fee for any returned check or any other declined payments due to insufficient funds. This fee will differ by country and is listed in the House Rules.
6.7 If this agreement is for a term of more than 12 months, the Provider will increase the monthly office fee on each anniversary of the start date. This increase will be by the local Consumer Price Index or such other broadly equivalent index where a consumer price index is not available locally. If there is a negative index rate, prices will not be decreased. Renewals are calculated separately from annual indexation increases. Month to Month agreements will use the above stated index or the current month to month virtual office price, whichever is the greater.
6.8 Standard services: The monthly fee and any recurring services requested by the Client are payable monthly in advance. Unless otherwise agreed in writing, these recurring services will be provided by the Provider at the specified rates for the duration of this Agreement (including any renewal). Specific due dates will differ by country and are listed in the House Rules. Where a daily rate applies, the charge for any such month will be 30 times the daily fee. For a period of less than a month the fee will be applied on a daily basis.
6.9 Pay-as-you-use and Additional Variable Services: Fees for pay-as-you-use services, plus applicable taxes, in accordance with the Provider’s published rates which may change from time to time, are invoiced in arrears and payable the month following the calendar month in which the additional services were provided. Specific due dates will differ by country and are listed in the House Rules.
6.10 Discounts, Promotions and Offers: If the Client benefited from a special discount, promotion or offer, the Provider may discontinue that discount, promotion or offer without notice if the Client materially breaches these terms and conditions.
DREAM WORX HOUSE RULES
These are Provider’s House Rules which may change from time to time and apply to all the Provider’s Management group facilities operating under different names. Use of the Coworking Space
1. Access to the designated coworking space is available during standard business hours of operation (9:00 a.m. to 5:00 p.m.) unless otherwise arranged with the Community Manager of the designated Coworking Space. The Provider shall provide for use of conference rooms and private offices subject to availability and upon reservation only. The Provider shall also provide business and administrative support services on demand (to the extent available). Use of these services may be subject to additional fees.
2. Coworking Space products are not cumulative nor can they be transferred in any way and cannot be carried over to future months or used for conference rooms. Private office assignment is at the sole discretion of the Provider and all usage subject to the Provider’s House Rules.
3. Taking care of the Provider’s property: The Client must take good care of all parts of the Coworking Space, its equipment, fittings and furnishings that they use. The Client must not alter any part of it.
4. The Client will not leave open any corridor doors, exit doors or door connecting corridors during or after business hours. All corridors, halls, elevators and stairways shall not be obstructed by the Client or used for any purpose other than egress and ingress. The Client can only use public areas with the consent of the Provider and those areas must be kept neat and attractive at all times.
5. The Client’s name and address: At the Client’s request and cost the Provider will be happy to include that name in the house directory at the Coworking Space, where this facility is available. The Client must not use the name of the Provider, or the specific brand name of the Coworking Space they are using in any way in connection with their business. The Client may not use the Coworking Space as their registered address for service-of-process.
6. The Client’s employees and guests shall conduct themselves in a business-like manner; proper business attire shall be worn at all times; the noise level will be kept to a level so as not to interfere with or disturb other Clients. The Client will abide by the Provider’s directives regarding security, keys, parking and other such matters common to all occupants.
7. The Client may not conduct business in the hallways, reception area or any other area except in its designated office without the prior written consent of the Provider.
8. The Client shall bring no animals into the Building other than assistance animals.
9. Canvassing, soliciting and peddling in the Building are prohibited and the Client shall not solicit other Clients for any business or other purpose without the prior written approval of The Provider.
10. All property belonging to the Client or any employee, agent or invitee shall be at the risk of such person only and The Provider shall not be liable for damages thereto or for theft or misappropriation thereof.
11. Smoking shall be prohibited in all public areas, including conference and training rooms. No smoking shall be permitted at any time in any area of the Coworking Space (including open offices).
12. The Client or the Client’s officers, directors, employees, shareholders, partners, agents, representatives, contractors, Clients, or invitees shall be prohibited from participating in any type of harassing, discriminatory or abusive behavior to The Provider team members, other Clients or invitees, verbal or physical in the Coworking Space for any reason. Any breach of this rule is a material breach of your agreement (not capable of remedy) and your agreement may be terminated immediately and services will be suspended without further notice.
13. All of the pay-as-you-use services are subject to the availability of the Provider’s Coworking Space staff at the time of any service request. The Provider will endeavor to deal with a service request at the earliest opportunity and provide the additional service the Client requires, but will not be held responsible for any delay.
14. If in The Provider’ opinion, we decide that a request for any pay-as-you-use service is excessive; The Provider reserves the right to charge an additional fee at our usual published rates based on the time taken to complete the service. This will be discussed and agreed between The Provider and the Client at the time the Client makes such request.
15. Mail Acceptance Policy: the Provider will not accept any items exceeding 4.5 kg (10 lbs.) in weight, 46 cm (18”) in any dimension, 0.03 cubic meters (1 cubic foot) in volume or if it contains any dangerous, live or perishable goods and shall be entitled in its absolute discretion to return any uncollected items or refuse to accept any quantity of items it considers unreasonable or unlawful. Items of larger size will only be accepted upon mutual prior agreement. The Provider does not guarantee or assume responsibility for any of the services hereunder. Note: the Provider may charge an administrative fee if we feel that there is excessive volume of mail received and processed by our team on your behalf.
16. The Provider holds no liability over loss or damage of delivered goods.
17. Office services: Provider will be happy to discuss special arrangements for the use of the facilities outside our normal opening hours. There may be an additional charge for such special arrangements. This can be discussed at the time of arrangement.
18. Nature of the Client’s agreement: The Provider may transfer the benefit of the Client’s agreement and their obligations under it at any time. This clause reflects the fact that the Client is taking a virtual office agreement and not a lease and that we retain overall control of the Coworking Space. The Client has no real-property interest of any kind in the Building. If the Client’s company does merge with another or the Client needs to allow an affiliate to use the services provided under your agreement, they must please come to the Provider and explain the need for any change; the Provider will then give careful consideration in each case. Of course the Provider needs to know and make sure the Client is happy with the identity of each occupant of the Coworking Space.
19. Cross default: The Client agrees that, if they are in default under a service agreement with the Provider at a different Coworking Space ("Different Location Agreement") to the one specified in this Agreement, that the Provider may recover any unpaid sums due under a Different Location Agreement from the Client under this Agreement and that the Provider may, in particular (but not limited to), withhold services under this Agreement or deduct sums from the retainer held under this Agreement in respect of such unpaid sums.
20. Company name change: If there is a need to change the name of your company, requests must be made in writing and addressed to the Coworking Space Manager. Please note that these requests will be processed 60 days from the beginning of the next calendar month. Any invoices prior will be in the current company name and cannot be changed.
21. Subordination: This agreement is subordinate to The Provider’s lease with The Provider’s landlord and to any other agreements to which The Provider’s lease with the landlord is subordinate.
22. The Provider reserves the right to immediately suspend services and/or terminate the agreement if the Provider determines that the Provider’s facility or address is being used in connection with possible fraudulent activity or activity that may be a violation of laws or governmental regulations.
23. Standard Services: The standard fee and any fixed, recurring services requested by the Client are billed in advance and payable upon receipt of invoice. Where a daily rate applies, the charge for any such month will be 30 times the standard fee. For a period of less than a month the standard fee will be applied on a daily basis. Recurring services will be provided by the Provider at the specified rates for the duration of your Agreement (including any renewal). If a Client has a need to cancel a recurring service they may request this at any time up to the notification due date of the agreement. The cancellation will be applied from the first day of the renewal start.
24. Pay-as-you-use and additional variable services: Fees for pay-as-you-use services, plus applicable taxes, in accordance with our published rates which may change from time to time, are billed in arrears and payable upon receipt of invoice.
25. Late payment and penalty: All invoices are due upon receipt. Late fee dates will vary based on the type of service/invoice that is provided. At any time, the Client may ask the Coworking Space team on what date a late fee will be assessed. If the Client does not pay fees when due, a service fee of 5% penalty of the total overdue balance + $25 if the balance is less than $999.99 or $50 if the balance is greater than 1000.00 on all overdue balances will apply. If the Client disputes any part of an invoice they must pay the amount not in dispute by the due date or be subject to late fees. The Provider also reserves the right to withhold services (including for the avoidance of doubt, denying your access to your accommodation) while there are any outstanding fees, penalties and interest or the Client is in breach of the Service Agreement which, for the avoidance of doubt, includes these House Rules.
26. Insufficient Funds: The Client will pay a fee of $50 or the maximum amount permitted by law for any returned cheque or any other declined payment due to insufficient funds.
27. The Provider shall have no liability to the Client under this agreement if it is prevented from, or delayed in, performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, disease or quarantine restrictions compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or subcontractors. The Provider’s obligation to perform its obligations shall be suspended during the period required to remove such force majeure event. The Provider shall notify the Client as soon as reasonably possible of the force majeure event and propose a suitable alternative accommodation (if any) in the same Coworking Space or in another available Coworking Space. USPS Regulations 36. USPS Regulations: Client acknowledges that The Provider will comply with the USPS regulations regarding Client’s mail. Client must also comply with all USPS regulations. Failure to comply will result in immediate termination of this Agreement. If this Agreement is for a Mailbox program, Client must complete a separate U.S. Postal Service Form 1583 (“Form 1583”) to receive mail and/or packages at the Coworking Space. Client acknowledges that this Agreement and Form 1583 may be disclosed upon request of any law enforcement or other governmental agency, or when legally mandated. Client must use the exact mailing address, inclusive of the Private Mailbox designation, without modification as set forth in Section Three (3) of Form 1583. Client’s mail must bear a delivery address that contains at least the following elements, in this order, (i) Intended addressee’s name or other identification, (ii) Street number and name, (iii) secondary address, (iv) “PMB” or # and Client’s designated PMB number, and (v) City, State and ZIP Code (5-digit or ZIP+4). USPS may return mail to the sender without a proper address. When Client’s agreement ends, Client agrees not to file a change of address form with the USPS.