Legal Agreement: Terms of Service
Member agrees to the following payment terms:
1. Payment must be made using one of the Work Hub Suites accepted credit cards: Visa, MasterCard, Discover, or American Express.
2. Work Hub Suites membership dues shall be deducted from the Member’s credit card on file until the Member provides cancellation notice or updates the Member’s credit card on file.
3. Your last month membership dues will be billed once you've completed signup. Your first month membership dues will be billed on your selected start date and prorated based on that start date. Both dues are non-refundable.
4. Members can change to a membership level of equal or greater value at any time; however, switching to a lower value membership requires notice prior to the last business day of the previous month.
5. Your last month's membership dues will be adjusted with all membership level changes.
6. You will receive a timely refund of any dues deducted in error by Work Hub Suites provided that you inform Work Hub Suites in writing, in the form of an email to firstname.lastname@example.org within ninety (90) days of when the error occurred.
The amount of your monthly deductions will not change except as follows:
• If Work Hub Suites cannot deduct your monthly dues from your account, Work Hub Suites may without notice to you increase a subsequent deduction for the dues previously uncollected, plus up to a $25 service charge.
• If your dues have been increased or discounted due to a change in membership level as described above or if you have chosen to add/remove an à la carte service (i.e., printer services, access to coffee bar, extra conference room time).
• If Work Hub Suites decides to increase the monthly membership rate and sends you written notification thirty-five (35) calendar days prior to the first day of the month for which the increased dues apply. Notice will be sent to your email address according to Work Hub Suites’ membership records. It is your responsibility to make sure Work Hub Suites has your correct email and billing information on file.
• Each year upon the same date as your membership start date, your monthly rate shall increase by three percent (3%) of the monthly rate from the prior year.
All persons associated with this account agree to abide by and will be held to the TOU outlined below.
Orientation. Members will receive an orientation which will include all materials needed to activate their membership. Memberships are not considered valid until you meet with us in person. Members may be provided an access key for Work Hub Suites’ building depending on their membership type. Members who lose their access key may be charged a replacement fee.
No Tenancy/Lease. This agreement is the commercial equivalent of an agreement for accommodation(s) in a hotel. The whole of the location remains in Work Hub Suites’ possession and control. THE MEMBER AGREES THAT THIS MEMBERSHIP CREATES NO TENANCY INTEREST, LEASEHOLD ESTATE OR OTHER REAL PROPERTY INTEREST, LEASEHOLD ESTATE OR OTHER REAL PROPERTY INTEREST IN THE MEMBER’S FAVOR WITH RESPECT TO THE WORK HUB SUITES LOCATION. Work Hub Suites is giving the Member the right to share with Work Hub Suites the use of the location on these terms and conditions, as supplemented by the Community Norms, so that Work Hub Suites can provide the services to the Member.
Work Hub Suites House Rules: The Member must comply with the House Rules which Work Hub Suites imposes generally on its members.
Cancellation: This agreement is terminated as of the end date listed above, if any, or by either party providing thirty (30) days advance notice to the other. Notice of cancellation must be sent prior to the last business day of the previous month by sending an email to email@example.com.
Member’s Default: Work Hub Suites may terminate this agreement at any time with immediate effect and without warning by giving the Member notice and without need to follow any additional procedure in the House Rules or TOU if (a) the Member becomes insolvent, bankrupts, goes into liquidation or becomes unable to pay its debts as they fall due; (b) the Member breaches of one of its obligations under the House Rules or TOU which, at Work Hub Suites’ sole discretion, the Member is unable cure or which Work Hub Suites have given the Member notice to cure and which the Member has failed to cure within ten (10) days of such notice; or (c) the Member’s conduct, or that of someone at the location with Member’s permission or invitation, is incompatible with ordinary office use and (i) such conduct is repeated despite the Member having been given a warning or (ii) such conduct is material enough, in Work Hub Suites’ sole discretion, to warrant immediate termination. If Work Hub Suites terminates this agreement for any of the reasons in this paragraph, the Member shall remain liable for any outstanding obligations, including additional services used, requested or required under the agreement and the monthly office fee for the remaining monthly fee.
Member’s Duties Upon Termination. When this agreement ends the Member must vacate the accommodation(s) immediately, leaving the accommodation(s) in the same condition as it was when the Member took it. Upon the Member’s departure or if the Member, at its option, chooses to relocate to different rooms within the location, Work Hub Suites will charge an Office Restoration Service fee to cover normal cleaning and testing and to return the accommodation(s) to its original state. This fee is $2.50 per square foot of the office. Work Hub Suites reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. If the Member leaves any property in the location Work Hub Suites may dispose of it at the Member’s cost in any way Work Hub Suites chooses without owing the Member any responsibility for it or any proceeds of sale. If the Member continues to use the accommodation(s) when this agreement has ended the Member is responsible for any loss, claim or liability Work Hub Suites incurs as a result of the Member’s failure to vacate on time. Work Hub Suites may, at its discretion, permit the Member an extension subject to a surcharge on the monthly office fee.
No Solicitation: While this agreement is in force and for a period of six months after it ends, neither party may knowingly solicit or offer employment to any of the other party’s staff employed in the location. This obligation applies to any employee employed at the location up to that employee’s termination of employment, and for three months thereafter. The parties agree an adequate remedy cannot be sufficiently realized, and therefore, the parties agree the breaching party shall pay to the non-breaching party the equivalent of six months’ salary for any employee concerned. Nothing in this clause shall prevent either party from employing an individual who responds in good faith and independently to an advertisement which is made to the public at large.
Notices: All formal notices must be in writing, which may include by email, to the address first written above.
Confidentiality: The terms of this agreement are confidential. Neither Work Hub Suites nor the Member shall disclose them without the other’s consent unless required to do so by law or an official authority; provided, the disclosing party informed the non-disclosing party and provided reasonable time for the non-disclosing party to challenge such required disclosure. The obligations of this paragraph shall continue for three years after the termination of this agreement.
Office Accommodation(s). Work Hub Suites shall provide the number of serviced office accommodation(s) for which the Member has agreed to pay in the location stated in this agreement. This agreement lists the accommodation(s) Work Hub Suites has initially allocated for the Member’s use. Members with a Private Office Membership or a Dedicated Desk membership shall have an exclusive right to the offices or desk allocated to it. Members with a Six-Pack membership or a Drop-In membership shall have the Occasionally Work Hub Suites may need to allocate different accommodation(s), but these accommodation(s) will be of reasonably equivalent size and Work Hub Suites will notify the Member with respect to such different accommodation(s) in advance.
Office Services. Work Hub Suites is to provide during normal opening hours the services, if requested, described in the relevant service description (which is available on request). If Work Hub Suites decides that a request for any particular service is excessive, it reserves the right to charge an additional fee. Members with a Six-Pack membership or a Drop-In membership may access the building during the normal business hours as outlined in the House Rules. Members with a Private Office Membership or a Dedicated Desk membership may access the Building at any time. MEMBERS ARE RESPONSIBLE FOR THEIR OWN SECURITY WHILE USING THE BUILDING OUTSIDE OF THE NORMAL BUSINESS HOURS. WORK HUB SUITES IS NOT LIABLE FOR ANY PERSONAL OR PROPERTY DAMAGE OCCURING OUTSIDE OF NORMAL BUSINESS HOURS.
Internet Use. Work Hub Suites does not make any representations as to the security of Work Hub Suites’ network (or the internet) or of any information that the Member places on it.
Alterations. The Member may not alter any part of its accommodation and must take good care of all parts of the location, its equipment, fixtures, fittings and furnishing which the Member uses. The Member is liable for any damage caused by it or those in the location with the Member’s permission or at the Member’s invitation whether express or implied, including but not limited to all employees, contractors, agents or other persons present on the premises.
Insurance: It is the Member’s responsibility to arrange insurance for its own property which it brings in to the location and for its own liability to its employees and to third parties.
Use of Accommodations. The Member must only use the accommodation(s) for office purposes. Office use of a “retail” or “medical” nature, involving frequent visits by members of the public, is not permitted. The member may not carry on a business that competes with Work Hub Suites’ business of providing serviced office accommodation(s) or its ancillary services. The member may use the location’s address as its business address. Any other uses are prohibited without Work Hub Suites’ prior written consent.
Comply with the law. The Member shall comply with all relevant laws and regulations in the conduct of the Members business in relation to this agreement. The Member must do nothing illegal in connection with its use of the location. The Member must not do anything that may interfere with the use of the location by Work Hub Suites or by others, (including but not limited to political campaigning or immoral activity), cause any nuisance or annoyance, increase the insurance premiums Work Hub Suites has to pay, or cause loss or damage to Work Hub Suites (including damage to reputation) or to the owner of any interest in the building which contains the location the Member is using. Both the Member and Work Hub Suites shall comply at all times with all relevant anti-bribery and anti-corruption laws.
If Work Hub Suites has been advised by any government authority or other legislative body that it has reasonable suspicion that the Member is conducting criminal activities from the location then Work Hub Suites shall be entitled to terminate this agreement with immediate effect.
The Member acknowledges that (a) the terms of this clause are a material inducement in Work Hub Suites’ execution of this agreement and (b) any violation by the Member of this clause shall constitute a material default by the Member hereunder, entitling Work Hub Suites to terminate this agreement, without further notice or procedure.
Member Data. Work Hub Suites may collect and process personal data from and of the Member to administer contractual relationship, ensure compliance with applicable laws and regulations, and enable Work Hub Suites to provide its services and to manage its business. The Member acknowledges and accepts that such personal data may be transferred or made accessible to all entities of Work Hub Suites’ group, wherever located, for the purposes of providing the services herein.
Work Hub Suites’ Liability: To the maximum extent permitted by applicable law, Work Hub Suites is not liable to the Member in respect of any loss or damage the Member suffers in connection with this agreement, with the services or with the Member’s accommodation(s) unless Work Hub Suites has acted deliberately or negligently in causing that loss or damage. Work Hub Suites is not liable for any loss as a result of Work Hub Suites’ failure to provide a service as a result of mechanical breakdown, strike, termination of Work Hub Suites’ interest in the building containing the location or otherwise unless Work Hub Suites does so deliberately or is negligent. In no event shall Work Hub Suites be liable for any loss or damage until the Member provides Work Hub Suites written notice and gives Work Hub Suites reasonable time to cure. If Work Hub Suites is liable for failing to provide the Member with any service under this agreement then subject to the exclusions and limits set out immediately below Work Hub Suites will pay any actual and reasonable expenses the Member has incurred in obtaining that service from an alternative source. If the Member believes Work Hub Suites has failed to deliver a service consistent with these terms and conditions the Member shall provide Work Hub Suites written notice of such failure and give Work Hub Suites a reasonable period to put it right.
EXCLUSION OF CONSEQUENTIAL LOSSES, ETC.: WORK HUB SUITES WILL NOT IN ANY CIRCUMSTANCES HAVE ANY LIABILITY FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO DATA, THIRD PARTY CLAIMS OR ANY CONSEQUENTIAL LOSS UNLESS WORK HUB SUITES OTHERWISE AGREES IN WRITING. WORK HUB SUITES STRONGLY ADVISES THE MEMBER TO INSURE AGAINST ALL SUCH POTENTIAL LOSS, DAMAGE, EXPENSE OR LIABILITY.
Indemnification. The Member releases, and hereby agrees to indemnify, defend and save harmless Work Hub Suites 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, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. The Member further agrees in the event that the Member brings a claim or lawsuit in violation of this agreement, the Member shall be liable for any attorneys’ fees and costs incurred by Work Hub Suites or its respective officers and agents in connection with the defense of such claim or lawsuit.
Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Hampshire. In the event any disagreement should arise between the parties, whether as to the interpretation or operation of this Agreement, or any rights or obligations therein, such disagreement shall be settled under the final and binding arbitration rules of the American Arbitration Association