NOMAD: Unlimited Drop Ins at the Bar $295 pm Terms and Conditions

Casual Membership Agreement at Good Work Canberra

  • Email: host@goodworkcanberra.com
  • Physical Address: Level 1, Unit 2, 7 Lonsdale Street, Braddon ACT 2612
  • Postal Address: PO Box 5169 Braddon ACT 2612
  • Phone: +61 2 8035 3486

ABN 44 149 041 583

*Membership includes access to Good Work's resources, social events and community, along with the use of desk(s) at Good Work Canberra (“the space”), located at Level 1, Unit 2/ 7 Lonsdale Street, Braddon, Canberra which will be utilised by (“Member”) under the following terms and conditions.

Ethos Good Work is part of a collective of creative shared spaces around Australia. Good Work has a policy of collaboration through positive, ethical and sustainable practices. By signing up as a member, you are agreeing to uphold the mission statement and practices of Good Work.

The basic principles are as follows: Always act in a professional, courteous, supportive and respectful manner towards other members in your space and the overall network. Ask for help! Business can be challenging, Good Work is designed to support and grow creative businesses, don’t wait until it’s too late to ask for help. A list of our professional development team members can be found in your welcome pack or refer to your studio manager. Your confidentiality is important to us. Always follow the conflict resolution steps. Conflicts may arise between members from time to time (we are humans after all!) Follow the conflict resolution steps by asking the host to mediate.

Day Passes A day pass is valid for one check in between the hours of 9.00am and 5.00pm, Monday to Friday (earlier entry via cafe may be negotiated). We use a cloud-based space management system integrated with wifi manage check ins. What this means is that as soon as you enter the space and connect to the internet network a day pass will automatically be deducted from your credits. You will not be credited for unused hours if you choose to arrive later than 9.00am or leave the space prior to 5.00pm. You must check in when you enter the space. Members who do not check in on entry to the space may be manually checked in by the space host. It is vital to the ongoing viability of the space that all members present in the space check in. Freeloading will not be tolerated.

24 Hour Passes
A 24 hour pass is valid between for the entire 24 hours that you are assigned in your booking. We use a cloud-based space management system integrated with wifi manage check ins. What this means is that as soon as you enter the space and connect to the internet network a day pass will automatically be deducted from your credits. You will not be credited for unused hours if you choose not to use the full 24 hours. Passes will be considered used as soon as the Member enters the space and connects to the internet services provided by the space. Members who do not check in on entry to the space may be manually checked in by the space host. It is vital to the ongoing viability of the space that all members present in the space check in. Freeloading will not be tolerated.

Space Member will have dedicated use of a desk(s). This is not a sublease of floor-space and the member’s desk may be moved or reconfigured at the host’s sole discretion. Members may not install partitions, modify the space, etc without the express permission of management. Part time members must keep their desk space clear on the days that it is vacant for hot-desking and other members.

Open Environment/Privacy Member agrees and acknowledges that the host cannot guarantee an expectation of privacy to a member. The space is an open plan office and information is bound to be overheard. Member agrees not to disclose any confidential or proprietary information. Confidential and proprietary information includes any information that is not explicitly declared otherwise.

Shared Infrastructure Member will have unlimited use of the space’s internet and networking systems subject to the restrictions specified elsewhere in this document. While the Host will act in earnest to make sure that all letters/packages are delivered, the host does not take responsibility for lost shipments.

Access to Shared Spaces Member will have unrestricted access to the space’s shared spaces such as the kitchen, lounge area, casual meeting area. Log-ins provided upon signing contract/ accepting the terms and conditions and once membership is processed.

After Hours Events Permanent and Casual Members may be granted access to the space for after hours events. Please contact Host for further details. The Host will notify all members in advance via email of up and coming events planned and will ensure the least possible disturbance to all members. Space hire for events may require a security deposit depending on your membership level. Other fees may apply.

Utilities/Resources and Fair Use We provide a number of utilities and resources on a fair use basis. This means that you don’t need to worry if you need paper clips, envelopes, staples, pens etc. We provide these on a fair use basis as a resource for everyone in the space. What this means is that you are free to help yourself to these resources as you need them. If however you need large quantities of these things then please buy them yourself. For example, if you need an envelope to post a couple of letters, please help yourself. If however you are doing a 1000 household mail drop then you need to buy your own envelopes for this.

Storage The space host will provide permanent Members with reasonable storage for their desk(s) as to provide a neat and organised working space. Additional storage space can be provided for fee upon arrangement.

Storage is not included for casual Members but can be rented for an additional fee.

Fees Fees will be paid in advance, from the date of membership signing each month for permanent Members and prior to use for casual Members. Please refer to Price List for details of fees.

For permanent Members, the Membership Fee includes the following; 1. 24 hours access to office with key and pin code 2. Dedicated office desk 3. Office chair 4. Under desk storage 5. Weekly cleaning 6. High-speed NBN with WIFI 7. Utility Bills: electricity & water use 8. Scanner/ shredder/ label makers etc 9. Casual meeting space 10. Access to the space for after hour events (additional fees may be required) 11. Well appointed kitchen facilities: fridge, toaster, kettle, microwave 12. Unlimited supply of tea/coffee, milk, and condiments 13. Membership to network

For casual Members, the Membership Fee includes the following; 1. Office hour access to the space (9.00am-5.00pm) 2. Office desk or spot at the bar (type dependent on availability) 3. Office chair or architects drafting stool 4. Weekly cleaning 5. High-speed NBN with WIFI 6. Utility Bills: electricity & water use 7. Scanner/ shredder/ label maker etc 8. Casual meeting space 10. Access to the space for after hours events (additional fees and security deposit will be required) 11. Well appointed kitchen facilities: fridge, toaster, kettle, microwave 12. Unlimited supply of tea/coffee, milk, and condiments 13. Membership to the network

For permanent and casual Members, optional fees include the following; 1. Polycom desk phone ($50 + gst p/m) 2. Access to Fuji Docu-centre colour printer (rates tba) 3. Formal meeting room hire (rates available online) 4. Additional storage (rates online)

Payment The Member should directly deposit their fees to the following bank account:

Bank Account Details: ACCOUNT NAME: Hutt Pty Ltd trading as Good Work Canberra BANK: Commonwealth Bank BSB: 062904 ACCOUNT NUMBER: 10519006

Online credit card payments will be processed under the name of Hutt Pty Ltd.

The host will advise you if you miss a payment.

Security Deposit For permanent Members, a security deposit equal to 2 weeks membership per desk is payable upon signing. The security deposit must be paid by way of electronic transfer to the above account or online by credit card. The deposit is held until termination of use of the co-working space and is held in case of damage to equipment and the property. Please note that our office does not have credit card facilities and we cannot accept cash. All payments must be processed online. Your security deposit will be released once you have fully vacated the premises and handed back any keys issued to you.

The need for a security deposit for casual Members will be determined at the discretion Host.

Loss of Keys If you were provided with a set of keys as part of your membership and you happen to loose them, you will forfeit your security deposit. This will be to cover the very large expense associated with changing locks and reissuing keys to members who are entitled to them as part of their membership.

Cancellations For permanent Members, you must give 30 days notice if you intend on cancelling your membership at any stage.

Management reserve the right to cancel your membership with 2 weeks notice and refund any additional fees (unless a breach of conduct or contract has occurred, in which case an immediate eviction may be issued and security deposit retained by the space).

Liability All Members are responsible for their own belongings and actions. Good Work provides a reasonable level of security however the Host is not responsible for any loss, theft or damage of any kind. This applies to the physical infrastructure and the network infrastructure.

Security It is the Member’s responsibility to ensure the space is kept secure while they are working in the space. After dark the entry door is to be closed securely and all windows are to be locked. When the Member leaves the space for the day and no one else is here, they must turn off all lights and air-con, lock their own valuables away, put any necessary passwords on computers, and ensure the property is securely locked.

Damage Should the Member damage the facility or infrastructure, they will be charged for the cost of repairs. If you bring other people into the space they are solely your responsibility – anything they say, do or damage is your responsibility and you will be held liable for any cost involved (emotional or otherwise).

Renewal and Termination Membership is month to month will automatically be renewed until notice. Member is required to give The Studio host at least 30 days notice prior to moving out. Your security deposit will be released once you have fully vacated and handed your keys back to the host.

The host reserves the right to immediately terminate any membership if you fail to comply with our terms and conditions, to those whose actions cause a disruption, or for gross misconduct.

Changes to the Agreement The host reserves the right to make any changes to this Agreement without notice to Member. However, the host will endeavour to ensure that Members are notified of any changes.

No Unlawful or Prohibited Use The space's services may not be used for any purpose that is unlawful or prohibited by these terms, conditions and notices. Member cannot use the space's services in any manner that can damage, disable or impair any server or network connected to Good Work Canberra.

General House Keeping

Fridge: As part of your membership you get access to our fridge. Please respect others food and drinks by not helping yourself to items that are not yours. The shelf labelled “Good Work” is food provided by the host for everyone to share. Please keep your food covered and clean up after yourself. Don’t leave perishables in the fridge over the weekend. These items will be thrown out every Friday. Let the host know if communal items are getting low so we can restock.

Bathroom: We share common restrooms with LSR 07. If facilities require attention please inform the Duty Manager at the café. Otherwise please alert the host if the bathroom or any of the facilities need attention.

Use your common sense: Be respectful of others, clean up after yourself, wash your dirty dishes, replace things from where you got them, sharing is caring but don’t borrow other members things without seeking permission.

Use of Services Our services are not to be used in connection with the following: Pyramids schemes, chain letters, junk email, spamming or any related activity. Defaming, abusing, harassing, stalking, threatening or otherwise violating legal rights of others. Publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, obscene or unlawful material. Uploading files that contain material protected by intellectual property laws or use of any material that infringes any copyright, trademark, patent or any proprietary right of any party without that party's permission. Uploading any files that contain viruses, corrupted files, or any other similar software or programs with the intention to damage the operation of another's computer or property.

As a Member it is strongly suggested that you carry a Contents Insurance Policy to cover your own equipment while using our space.

Privacy Policy This following sets forth the Privacy Policy for the Hutt Pty Ltd trading as Good Work Canberra website, https://the-studio-braddon.cobot.me

Good Work Canberra is committed to providing you with the best possible customer service experience. Good Work Canberra is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information There are many aspects of the website which can be viewed without providing personal information, however, for access to future Good Work Canberra customer support features you are required to submit personally identifiable information. This may include but is not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.

Sharing of your personal information We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Good Work takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Changes to this Privacy Policy GooD Work reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

Accessing Your Personal Information You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Good Work reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

Contacting us Good Work welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us by any of the following means during business hours Monday to Friday. Call: (02) 8035 3486 Post: Attn: Privacy Policy, Good Work Canberra, Level 1, Unit 2/7 Lonsdale Street Braddon, ACT 2612, AUSTRALIA E-mail: host@goodworkcanberra.com

Cobot Terms and Conditions

Cobot is the web platform used by Good Work Canberra to provide this website.

1. General

1.1. Upstream-Agile GmbH, Adalbertstraße 7-8, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 110149 B (“upstream”) provides an application to manage coworking spaces via its website www.cobot.me (the “Service” or “Services” or “Cobot”) as further specified on www.cobot.me (the “Website”).

1.2. All contractual relationships between upstream and any customer of upstream using Cobot (“Customer”, together with upstream the “Parties”, each a “Party”) shall be governed by these terms of service (“Terms of Service”). By registering on the Website or using Cobot, the Customer agrees to be bound by these Terms of Service.

1.3. Standard business conditions and/or general terms and conditions of the Customer do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.

2. Registration

2.1. Any use of Cobot requires prior registration on the Website by creating an account (“Account”) and the acceptance of these Terms of Service. Customer must provide accurate and complete information and keep the Account information updated.

2.2. Customer is solely responsible for the activity that occurs on their Account. Customer shall keep their login data (password) confidential and prevent any unauthorized use by third parties. He shall immediately inform upstream if there are indications that any third party is misusing their account.

3. Use of Services

3.1. Offers published by upstream on the Website are non-binding.

3.2. The Customer may use Cobot for a trial run after registering. The Customer may only register for a trial run once. If a Customer registers for more than one trial run, upstream will have the right to delete these additional Accounts.

3.3. By registering on the Website according to section 2 hereof and subscribing to a subscription plan, the Customer makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by upstream by making available the respective Service. Upon the acceptance of a subscription a contract governed by these Terms of Service between the Customer and upstream is concluded (the “Contract”).

4. Prices and Payment

4.1. The price for using Cobot depends on the number of members which are using the coworking space of the respective Customer (each a “Member”).

4.2. The Customer will be required to provide upstream with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the Customer is authorized to approve charges to allow upstream to collect payment from the Customer for their subscription plan. The Customer authorizes upstream to automatically and immediately bill the Payment Source when payments for subscription plans are due. The Customer shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the Customer.

4.3. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and then on a monthly or, as applicable, annual basis.

4.4. The prices stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the Customer.

5. Contract Period, Termination of Contract, Cancellation of account

5.1. The Contract runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with the Terms of Service.

5.2. The Parties may terminate this Contract for any or no reason at their convenience to the end of each month.

5.3. The Customer having used the trial run may unsubscribe from Cobot anytime without giving reason and without notice by using the respective button in their account.

5.4. The right of termination for cause and without notice remains unaffected for both Parties. A good cause for termination shall include, but shall not be limited to, any of the following events:

5.4.1. the Customer fails to comply with any applicable legal provisions;

5.4.2. a serious breach of the Customer of obligations arising from these Terms of Service by the Customer;

5.4.3. an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;

5.4.4. the Customer fails to pay the fees for the ordered Services;

5.4.5. a proceeding to wind-up the Customer or similar is brought against, or by the Customer (especially including insolvency and creditor protection scenarios and similar).

5.5. Any termination declaration shall be made via the “termination” button within the Account.

5.6. In the event of termination,

5.6.1. the Account of the Customer will be disabled and the Customer may not be granted access to their Account or any files or other content contained in the Account although residual copies of information may remain in upstream’s system;

5.6.2. any rights of use granted to Customer for using Cobot shall expire immediately and Customer shall cease to use the Services;

5.6.3. upstream will not refund any prepaid fees to Customer.

5.7. After a period of inactivity, whereby a user fails to log in to an Account for a period of nine months, upstream reserves the right to disable or terminate the Account. If an Account has been deactivated for inactivity, the subdomain associated with that Account may be given to another Customer without further notice.

6. Intellectual Property Rights

6.1. Subject to these Terms of Service, and for the duration of the Contract, upstream grants the Customer a non-exclusive license to use the Services, which non-exclusive license is hereby accepted by Customer (the “License”). The License shall be granted as non-exclusive, non-assignable, non- transferable, with no right to sub-license, worldwide limited right to use the Services. Customer is responsible for its staff’s compliance with the Terms of Service.

6.2. The scope of the License shall be subject to and limited by the number of Members as agreed between upstream and the Customer.

6.3. upstream does not claim any ownership in any of the content uploaded, transmitted or stored by the Customer in its Account. upstream will not use any of such content for any purpose except to provide the Customer with the Services.

7. Proper use

7.1. The Customer agrees that they are responsible for their own communications and for any consequences thereof. The Customer shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. In particular, the Customer shall, shall not agree to, and shall not authorize or encourage any third party to:

7.1.1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware or is otherwise objectionable as reasonably determined by upstream;

7.1.2. upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

7.1.3. prevent others from using the Service; or

7.1.4. use the Service for any fraudulent or inappropriate purpose.

7.2. upstream reserves the right to delete any infringing content according to this section 7, terminate the Services and/or suspend Accounts of a Customer that is violating any of these Terms of Service, in particular this section 7.

8. Representations and Warranties

The Customer represents and warrants that (i) all information provided by them to upstream to participate in the Services is correct and current; and (ii) the Customer has all necessary right, power and authority to enter into the Contract and to perform the acts required of Customer hereunder.

9. Indemnification

9.1. The Customer will indemnify, defend, and hold harmless upstream and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Customer’s use of the Website and/or Services; (ii) any breach by the Customer of any warranty defined in section 8; (iii) any claim that the Customer’s content distributed via the Services caused damage to a third party.

9.2. In cases of an aforementioned enforcement of claims by third parties, the Customer will provide upstream with all their information that is needed for the examination of the claim and for the defense against it. The Customer provides the information immediately, truthfully, and completely.

9.3. The regulation of liability of the Customer or their obligation of indemnification shall apply to the same extent in the event of an act of a Member of the Customer.

10. Limitation of Liability

10.1. upstream’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover

10.1.1. damage from injury to life, body or health caused by upstream;

10.1.2. damages caused by upstream that are a result of willful intent or gross negligence;

10.1.3. damages caused by upstream as a result of slight negligence in the event of upstream’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;

10.1.4. upstream’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers upstream’s liability.

10.2. Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

10.3. The limitations and/or restrictions of upstream’s liability shall also apply to the personal liability of its legal representatives and vicarious agents.

10.4. upstream will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.

11. Use for reference

The Customer agrees that upstream may use information of the Customer provided by them (i.e. the name/trademark) for marketing purposes as reference on the Website. The Customer may withdraw such consent by writing an email to upstream to support@cobot.me.

12. Privacy Policy

upstream provides the Customer with information on how data is collected and processed in Upstream’s Privacy Policy.

13. Miscellaneous

13.1. These Terms of Service shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the courts of Berlin.

13.2. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.

13.3. upstream reserves the right to change these Terms of Service at any time without indicating the reasons. upstream will notify Customer of the changed Terms of Service on the Website or via email no later than two (2) weeks before the refined terms will take effect. In case Customer objects the new Terms of Service they may terminate the Contract with a period of two (2) weeks upon receipt of the information about the changes by upstream via the “termination” button within the Account.

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