General Terms and Conditions
Standard Terms and Conditions
A. Payments: By signing up for a Membership and providing your payment information, you agree to pay us the recurring or nonrecurring fees associated with the particular Services you are purchasing, as displayed to you at the time you create your account and/or sign up for the relevant Services, or as updated by us from time to time upon notice to you. You acknowledge and agree that the payment method provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our Premises or property) in connection with the Services. Only a single payment method may be used at any given time to make payments for all Services you purchase in a single transaction. You must keep your payment information up-to-date and accurate. Recurring fees, which may include recurring membership fees (“Membership Fees”) and any other recurring fees you have agreed to in connection with the Services will be charged on the first (1st) of each month unless we notify you otherwise. Overage fees and other non-recurring fees will be charged within thirty (30) days of you accruing such fees. If payment for your Membership Fee or any other accrued and outstanding fee is not made by the tenth (10th) of the month in which such payment is due, you will be responsible for paying the then-current late charge. We reserve the right to change the legal entity that charges you for the Services.
B. Security Deposit: You agree to pay a security deposit equal to the amount indicated which will be held by CloudWorks for damages and outstanding charged upon move-out.
C. Use of the Premises / House Rules: You agree to use the Premise as a shared office space, and for no other purpose. Each Premises has its own House Rules governing the expected behavior in such Premises, which you can find at such Premises and which you must comply with while using Services in such Premises. The House Rules of any Premises on which you receive or use Services are hereby incorporated into these Terms. House Rules may be revised from time to time. In general, we expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to us, our employees or agents, other members, any guests or any other third parties or any pets or property of any of the foregoing. Your CloudWorks Membership, is specific to you. You cannot add additional members to your account or share your account credentials or Access Device with any other individual. Furthermore, you must not use any Services or any space you reserve or occupy in any Premises in a “retail,” “medical,” or other nature involving frequent use by or visits from members of the public. You agree to provide us with accurate and complete information about yourself when you register with us and as you use the Services.
D. Passwords, keys and key cards: You agree not to reveal your account password or transfer your key card or other access device or credentials to anyone else (or let them use your account), and don’t make any copies of any keys, key cards, or other means of entry to our Premises (each, an “Access Device”). You are responsible for maintaining the confidentiality of your password and security of your Access Device. You must promptly notify us if you suspect your password or Access Device has been compromised. Access Devices remain our property, and you must return them immediately upon termination or expiration of your Membership. You may be charged a replacement fee for any lost or damaged Access Devices.
E. Damage: You promise to promptly notify CloudWorks of any defect in, or damage to, the premises. CloudWorks shall not be liable for any damage, however caused, to any property located in or about the premises. CloudWorks shall not be liable for any personal injury or death sustained by the Member, the Member’s family or any person permitted on the premises by the Member. All risks of such damage, injury, or death shall be assumed by the Member who promises to hold CloudWorks harmless and indemnified thereupon, provided; however, that this clause shall not apply to injuries, damages or death caused by the negligent, reckless or willful conduct of CloudWorks, their employees, agents or representatives.
F. Alterations: You agree not to make alterations or additions to the structure or interior of the premises without the written consent of CloudWorks; to obtain the written approval of CloudWorks or their duly authorized agent prior to making any alterations or additions to the premises. Regular decorations are exempt from this clause. Items such as hanging pictures is permitted.
G. Non-smoking Policy: You and CloudWorks agree the property is designated as non-smoking and the Member agrees not to smoke inside the premises. The Member will prohibit guests and visitors from smoking in the unit.
H. Pets: You may only bring pets into Premises where we expressly allow pets, and we may require you to produce proof of vaccination for such pet in a form satisfactory to us. You must accompany your pet at all times, unless it is in an enclosed space that you have reserved. You will be responsible for any injury or damage caused by any pet you or any of your employees, invitees or guests bring into any Premises. We will not be responsible for any injury to any pets. We reserve the right to restrict any member’s or other individual’s right to bring a pet into the Premises at any time in our sole discretion.
I. Parting with Possession: You agree not to assign, sublet, or part with possession of the premises or any part thereof.
J. Yielding Up: You agree to deliver and yield up to CloudWorks at the time of termination of the Membership, any dedicated desks or other assets solely used by the Member in the same state of repair and condition as at the beginning of the term or, as provided, reasonable wear and tear only expected. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our Premises and items therein caused by you or your guests, invitees or where permitted, pets.
K. Assignment: You agree that the Membership cannot be assigned to others.
L. Property: CloudWorks is not responsible for any property you leave behind in any of our Premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. Prior to the termination or expiration of your Membership, you must remove all of your property from the CloudWorks Network. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in any of our Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.
M. Common areas: If you are accessing our space pursuant to these terms, common spaces in our Premises are to be accessed by you, and to the extent we permit, your guests, starting from the time immediately prior to your reserved time in the Premises and ending at the time immediately following your reserved time in the Premises. Common spaces are for temporary use and not as a place for continuous, everyday work.
N. Intellectual Property of Others: You agree not to directly or indirectly take, copy or use any information or intellectual property belonging to other Members, Tenants or member companies or any of their guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.
O. Control of Other Members: CloudWorks does not control and are not responsible for the actions of other Members or any other third parties (including any pets). If a dispute arises between members or their invitees, guests or pets, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
P. Account termination: If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, or at any other time when we in our reasonable discretion see fit to do so, we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your account with immediate effect and possibly without prior notice to you. In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or for no reason.
Q. Past Due Amounts: You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your Membership
R. Security: For security purposes, we may regularly record via video certain areas of our Premises. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your guests about this policy.
S. Indemnification: The Member covenants that it shall indemnify and save CloudWorks harmless from any claims relating to damage of the land and flora that necessarily results from the Member’s use and/or occupation of the Premises as well as all claims, charges, actions and penalties arising by reason of any violation of any environmental laws, whether they be federal, territorial or municipal and regardless of when the said violation is alleged to have occurred. The Member shall indemnify and hold CloudWorks harmless from and against, firstly, all loss or expense in respect of all such damage attributable to either the Member’s negligence or the Member’s breach of this Agreement and, secondly, all other damage to or loss of property and injury to persons or loss of life caused by or attributed to the Member’s use or occupation of the Premises. If any claim is made against CloudWorks in respect of which it is indemnified as aforesaid, the Member shall defend any suit or prosecution brought against CloudWorks on account of such claim, fine or penalty against CloudWorks resulting therefrom; provided that CloudWorks may participate in the defence of any such suit or prosecution to which it is a party without relieving the Member of its obligation to defend such suit or prosecution. CloudWorks shall forthwith upon receiving notice of any suit or prosecution brought against it deliver to the Member full particulars thereof and shall render all assistance reasonably requested by the Member in the defence of the suit or prosecution.
T. Use of the CloudWorks Name; Photos of the Premises: You may not take, copy or use for any purpose the name “CloudWorks” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of any CloudWorks properties, without our prior consent.
U. We are not liable for actions of other individuals: We do not control and are not responsible for the actions of other individuals or pets using the Services or at our Premises.
V. We do not have liability for third party products or services: The Services may provide you with access to third party products or services. We are not responsible for these third party services.
CloudWorks Network & Service
CloudWorks operates multiple locations with varying levels of Services available at each location (“CloudWorks Network”). By becoming a Member of CloudWorks, Members have access to the other locations and Services.
The availability and scope of the Services, as well as the availability and scope of benefits we offer in relation to Third Party Services, are subject to change from time to time in our sole discretion. Without limiting the generality of the foregoing, you acknowledge that our Premises, and the Services we may offer at any of our Premises, are also subject to change from time to time. From time to time, we may also make modifications, deletions or additions to these Terms and will provide you with notice of changes to these Terms or to Services that apply to you, by emailing the last email address provided by you. Most changes will be effective immediately upon notice, except that pricing and fee changes will be effective upon your next subscription period. If you don’t agree to the changes, you may cancel your Membership at any time, but note that there are no refunds for early cancellation. Some features of the Services may be subject to Additional Terms, which will be posted with those features or otherwise communicated to you. We will consider your use of those features your acceptance of the applicable Additional Terms, and those Additional Terms will be incorporated in these Terms by this reference.
Conference Rooms and Workspaces
You may use workspace or conference rooms or other Services in the CloudWorks Network, all subject to availability of such workspaces or conference rooms. Use of our workspaces and conference rooms may be subject to additional fees for such Services. Such Fees are subject to change from time to time.