This agreement is between Buildings Evolved Pty Ltd trading as Bello.HiVe (ABN 19 168 795 864) (“Bello.HiVe”, “we”, “us”) and each member (“You”, “Member”) at the property known as ’The Lodge” 121A Hyde Street, Bellingen, NSW, 2454, Australia (“Premises”).
1. Nature of this Agreement
a) The nature of this agreement is in relation to the provision of services, including permission to use part of the Premises. This agreement creates no tenancy interest, leasehold estate or other real property interest in your favour with respect to the Premises.
b) The whole of the Premises remains in the possession and control of Bello.HiVe for the duration of this agreement.
c) We give you the right to share in the use of the Premises with us and our other members, subject to your agreement and ongoing compliance with these terms and conditions, which include our Code of Conduct, Internet Policy, Cyber Security Policy and Workplace Health and Safety Policy and such other policies as we adopt and amend from time to time.
2. Your Use of the Premises
a) We permit you to use a desk or office space at the Premises in accordance with the membership package you have signed up for. You are permitted to access and use the Premises for ordinary business activities only, in accordance with the hours and rights of access set out in your membership package.
b) Your rights under this agreement are personal. You must not assign, sub-let or allow any other person to use your allocated desk or office space or entitlement to other services, or attempt to do any of those things, without our prior written consent, which may be withheld within our absolute discretion.
c) You agree that from time to time your desk may be used for events. You will be emailed in advance of the dates and nature of these events. All due care will be made to protect your property from damage or theft, but you are ultimately responsible for any such loss or damage that occurs by reason of your failure to remove property from your desk as requested or recommended by us.
d) You agree that you may be assigned to another desk or office space at any time with 1 week notice from us.
e) You may use the Premises address as your business address and/or registered office. Any other uses are prohibited without our prior written consent, which may be withheld in our absolute discretion.
f) Sleeping on the Premises is strictly prohibited.
g) The premises are open on business days between 8am and 6pm or by arrangement.
h) Members must log into the co-working space via the supplied Wi-Fi, or if using your own internet, for example tethered from your phone, manually checking in via the Bello.HiVe members website.
i) A smart-phone application is required by all members to access the Premises using an "e-key". These e-keys will be issued by us but will be tethered to your phone. For security reasons, you must not lend your phone to any other person for the purposes of gaining access to the Premises, and must notify us immediately if the phone is lost or stolen. You must not allow any other person to “tailgate” you on your way into the Premises. Re-issue of e-keys may be subject to additional fees.
3. Access to Services
a) Your membership entitles you to the services offered by us from time to time, as set out in your membership package (subject to availability and fair use limits).
b) Your membership package does not include printing unless you opted-in during the sign-up process, or after the fact via the member's dashboard (located at https://members.bellohive.com).
c) HVAC use is included through your time passes. Deemed excessive use, for example leaving doors and windows open with HVAC on, or, bypassing member check-ins, will incur a surcharge of $6 for 2 hours of operation (the default duration of operation of the HVAC system).
d) If your membership package includes printing, fair use limits apply, being 100x B&W pages and 10x colour pages per month. Where your use of any of the services exceeds fair use limits, we reserve the right to charge fees for additional usage, including as set out below:
i. B&W printing at 15c/side; and
ii. Colour printing at 75c/side.
e) We may also make available discretionary services from time to time (which may vary, do not form part of your membership services and which you have no contractual right to receive), including workshops, events and discounts and perks from various providers.
f) We do not make any representations as to the security of the Bello.HiVe network, internet or any information that you place on it. You should adopt whatever security measures (such as encryption) you believe is appropriate to your circumstances. See our Cyber Security Policy for more information.
g) We do not make any guarantee as to the availability (or degree thereof) of our network and internet at the Premises. Your sole and exclusive remedy for a lack of availability with be the remedy of such failure by us within a reasonable time after written notice.
h) Your network activity may be monitored from time to time to improve performance.
i) All due care will be taken to ensure personal communications are not interrupted.
j) Your use of the internet provided is subject to fair use limits. See our Internet Policy for more information. Without limiting the above, the following activities are strictly forbidden:
i. hosting email and web servers;
ii. any purpose considered to be illegal in Australia;
iii. the use of any torrent client software; and
iv. mining bitcoin or other cryptocurrencies.
4. Guests
a) You are entitled to invite guests onto the Premises during business hours for business purposes only and for a maximum of 3 hours. If your guests’ stay is longer than 3 hours they will need to purchase a day pass from us, unless your guest is on Premises to attend a meeting with you in a meeting room booked and paid for by you for the duration of their visit.
b) You agree that any guest you bring to the Premises is subject to these terms. You must inform your guests about these terms and all policies and take all steps to ensure that your guests comply with them. If your guest breaches any of these terms and conditions, you will be deemed to be in breach of these terms and conditions.
c) You are responsible for your guests. You must accompany them while they are on our Premises.
5. Membership Fees
a) The fees charged by us for membership are those shown on our website. We reserve the right to adjust these fees, within reason. We will give you at least 1 months’ notice of any increase in our fees.
b) You agree to pay the membership fees in advance by the start of the month, or otherwise at our direction, by direct debit or such other payment method as we accept from time to time.
c) Unless required by law, we do not offer refunds, including if you pay membership fees and don’t take up the desk or office space reserved for you or utilise any other services.
d) If you wish to change your membership (including downgrading or upgrading), you must give us at least 7 days’ notice in writing before the start of the new month. Requests to change membership are subject to our approval and may be subject to further conditions (such as a requirement to remove certain materials or notice by a particular date).
e) If you do not pay fees when due, a $25 fee will be charged on all overdue balances.
f) If you dispute any part of an invoice, then you must pay the amount not in dispute by the due date or be subject to late fees as set out above.
g) We reserve the right to withhold services (including for the avoidance of doubt, denying you access to the Premises) while there are any outstanding fees or if you are otherwise in breach of this agreement.
6. Compliance
a) You agree to comply with any Code of Conduct and other policies which Bello.HiVe imposes generally on users of the Premises, which we may change at any time. If we change our terms, Code of Conduct or other binding Policy, we will give you notice of the change by posting the updated document on our website. Changes are effective immediately on such posting.
b) You must comply with our Code of Conduct. Without limiting this obligation, you must:
i. not behave in an offensive manner to us, our staff, other members or their guests;
ii. keep your desk(s) or office space and the adjacent area clean and free of rubbish;
iii. clean the kitchen after use, ensuring the area is free of rubbish and benchtops wiped down;
iv. use the facilities available at the Premises for the intended purpose only;
v. not alter any part of the setup of the Premises;
vi. take good care of all parts of the Premises;
vii. not put up any partitions or make any alterations or additions to the Premises;
viii. not prop open security doors;
ix. not bring any explosive or flammable or corrosive fluids or chemicals into the Premises;
x. not smoke on the Premises;
xi. not participate in cryptocurrency mining;
xii. not obstruct or prevent the use of the Premises by other members of their guests; and
xiii. not touch or remove anything from another member’s desk without their express permission.
c) You must comply with all by-laws, rules and regulations which the owner’s corporation or the owner of the building may make from time to time, especially in relation to the common areas. You must comply with any insurance, sprinkler and fire alarm regulations.
d) You must comply with all relevant laws and regulations in the conduct of your business. You must do nothing illegal in connection with your use of the Premises.
e) You must not do anything that may interfere with the use of the Premises by Bello.HiVe or by others, cause any nuisance or annoyance, increase the insurance premiums we have to pay, or cause loss or damage to Bello.HiVe (including damage to reputation) or the owner of any interest in the Premises which you are using, including by unsolicited advertisement or promotion of your products or services to other members, which is subject to our consent, which may be withheld in our absolute discretion.
f) You acknowledge that:
i. We have relied on your agreement to comply with your obligations set out in this clause in entering into this agreement with you, and
ii. If you breach this clause, we will be entitled to immediately terminate this agreement, without further notice or procedure.
7. Term
a) This agreement commences on the date that it is accepted by you and expires on the effective date of termination, unless a fixed term has been agreed between you and Bello.HiVe in writing, in which case the agreement expires on the date set out in that communication.
b) If you do not continue with your membership, your access to the premises and shared resources will be revoked.
c) You are not automatically entitled to any services after your membership has ended and you understand that renewal terms and any extensions are at our sole discretion. If you subsequently wish to re-join as a member, additional fees may be payable to restore your access to services and/or the Premises (such as swipe card coding fees).
8. Termination
a) We may terminate this agreement and remove access to the Premises immediately by giving you notice without the need to follow any additional procedure or to reimburse you for any fees paid in advance if:
i. you become insolvent, bankrupt, go into liquidation or become unable to pay your debts as they fall do; or
ii. you are in breach of one of your obligations under this agreement which cannot be put right, or we have given you notice to put right and which you have failed to put right within 14 days of that notice; or
iii. your conduct, or that of someone at the Premises with your permission or invitation, is incompatible with ordinary office use; or
iv. you breach your obligations under the compliance clause.
b) You may terminate your membership:
i. for convenience, by giving us written notice at least:
1. 7 days’ (for memberships other than “Zero”); or
2. 0 days’ (for “Zero” memberships),
before the start of the next month.
ii. If we are in material breach of these terms and conditions, by giving us at least 2 months’ written notice, provided that where the breach is capable of being remedied you have given us written notice to remedy the breach and we have failed to do so within 14 days of receiving that notice.
c) In the event that we are permanently unable to provide the services at the Premises then this agreement will end and you will only have to pay monthly fees up to the date it ends and for any additional services you have used.
d) Termination by you for convenience will only be effective once:
i. you have vacated the Premises, leaving your space clean and free of any rubbish and in the same condition as it was when you took it (fair wear and tear excluded; we reserve the right to charge additional reasonable fees for any repairs needed to your space above and beyond normal wear and tear);
ii. you have provided us with documentary proof that your use of the Premises address as your business, registered or other address (including but not limited to your company website, Google My Business, social media sites and ASIC registered office) has ceased;
iii. you have returned all keys, swipe cards and other property belonging to us; and
iv. you have paid all outstanding amounts owing to us in full.
e) Until you have complied with all requirements set out above, we will be entitled to charge you an amount up to the monthly fee for your most recent membership package on a continuing basis.
f) If you leave any property in the Premises, we may dispose of it as we see fit and without any obligation to account to you.
9. Our Liability
a) Our services do not include providing advice or recommendations. You represent that you and your business will not rely upon any advice or recommendations given to you by us or any of our officers, employees, contractors, agents or visitors (including during any events or workshops), and we disclaim all responsibility for any such advice. You acknowledge that we are not licensed to give professional advice, including financial services advice, and you must rely upon your own enquiries and seek your own professional advice.
b) You may have rights in relation to membership benefits as a “consumer” under the Australian Consumer Law, which forms Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these terms and conditions excludes or is intended to exclude those rights. Where it is lawful to do so, we exclude all guarantees, conditions, warranties and other rights imposed by law or implied by custom or other circumstance which relate to membership benefits.
c) Where is it not lawful to exclude guarantees, conditions, warranties or other rights imposed by law which relate to membership benefits, including under the Australian Consumer Law, our liability to you for any breach of such guarantees, conditions, warranties or other rights will (but only the extent allowed by law) be limited (at our option) to:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
d) Notwithstanding any other clause in these terms and conditions except as set out above, to the maximum extent permissible by law we limit our liability to you, howsoever arising (including liability for negligence), for any loss or damage suffered by you (or any other person claiming through you) in connection with these terms and conditions is limited to an amount equal to 1 month’s membership fees.
10. Your Liability
a) You are liable for any damage caused you or those of the Premises with your permission or at your invitation whether express or implied, including but not limited to all employees, contractors, agents or other persons present on the Premises.
b) You must indemnify us against and pay on demand any and all loss, liability or costs (including third party claims for personal injury, death or tangible property damage) suffered or incurred by us or our officers, employees, contractors, agents and visitors arising out of or in connection with your actions or omissions or those of the staff of your business or your guests, including:
i. negligence;
ii. fraud, unlawful conduct or wilful misconduct;
iii. fraudulent or innocent misrepresentation;
iv. breach of these terms and conditions or any Policy; and
v. breach of any laws.
c) In the event of any loss or damage to the Premises or property on the Premises (including equipment of other members) caused by you, the staff of your business or your guests, you must pay invoices provided by Bello.HiVe to replace or repair the lost or damaged property within 30 days of issue.
11. Insurance
a) Our insurance does not provide cover to anyone other than Bello.HiVe and our staff.
b) Notwithstanding that we may operate a CCTV system n entry access system or otherwise take steps to maintain the Premises in a safe or secure manner, we do not give any representations that the Premises are safe or secure for your equipment or other property, nor that the electricity supply will not damage your equipment. You agree that you are solely responsible for the security of your property on the premises. We are not liable for any theft, loss or damage to your equipment or other property. It is your responsibility to arrange insurance for your own property which you bring to the Premises. We strongly recommend that you put such insurance in place.
c) We require you to take out and maintain, or ensure that your business takes out and maintains, during your membership:
i. a comprehensive public liability insurance policy, for an insured sum of not less than $10 million, covering amounts which you or your business may become legally liable to pay consequent upon:
1. injury to a person; and
2. loss of, or damage to, real or personal property (including the loss of use thereof); and
ii. if applicable, a worker’s compensation insurance policy that is effective in the Premises in respect of all claims and liabilities, whether at common law or under statute, relating to your liability or the liability of your business as an employer in respect of any accident or injury to any person employed by you or your business for such amount that is required under the applicable workers compensation legislation.
d) You must comply with, and ensure that your business complies with, all of the terms and conditions of any insurance policy taken out under this Insurance clause.
e) You must on request being made by us, promptly provide to us copies of any insurance policy taken out under this Insurance clause together with a certificate of currency for that insurance policy.
12. Equipment
a) Except for computers, displays, peripherals, chargers and printers (subject to approval), you must not install any electrical or electronic equipment (including cabling, IT or telecom connections) without our prior written consent, which we may withhold in our absolute discretion.
b) Additional equipment or furnishings you wish to bring into the space are subject to approval, including:
i. Non-artificial plants;
ii. Sideboards, cupboards or other storage solutions; and
iii. Wall hangings.
c) We reserve the right to inspect and test any equipment you bring onto the Premises. We may prevent you from using the equipment and require you to remove it from the Premises if we decide it is necessary. The following pieces of equipment are specifically prohibited:
i. any equipment that is likely to create a noise level that is unreasonable for other members;
ii. any electrical equipment that may overload the available electricity supply or the facilities through which that supply is made available to you;
iii. surveillance equipment;
iv. heaters;
v. any equipment that might interfere with other members’ safe use and enjoyment of the Premises; and
vi. rubbish bins and waste paper baskets.
d) It is your responsibility to check that any equipment you bring onto the Premises is not faulty and is not a safety risk to other members.
13. Notices
a) Any notice under these terms and conditions must be in legible writing and in English and given:
i. to you, by sending it to the email address first registered and agreed with Bello.HiVe, as the email address for all correspondences; and
ii. to us, by sending it to the most recent email address provided by us to you.
b) Any notice under these terms and conditions is regarded as being given by the sender and received by the addressee on the business day after the day on which the notice was sent, provided that the sender has not received an automated message to the effect that delivery of the email failed.
14. Governing Law
a) This agreement is interpreted and enforced in accordance with the law of the state of New South Wales. Bello.HiVe and you accept the exclusive jurisdiction of the courts of New South Wales. If any provisions of these terms and conditions are held void or unenforceable under the applicable law, the other provisions shall remain in force.
15. General
a) These terms and conditions supersede all prior arrangements, understandings or agreements between us and you.
b) A right in favour of a party under these terms and conditions can only be waived by a document signed by that party. No other act, omission or delay of that party constitutes a waiver binding, or estoppel against, the Investor.
c) A single or partial exercise or waiver by a party of a right relating to these terms and conditions does not prevent any other exercise of that right or the exercise of any other right.
16. Acceptance
a) You will be deemed to have accepted these terms and will be bound by them on the happening of:
i. Receipt by us of a copy of these terms signed by you;
ii. Receipt by us of payment or proof of payment pursuant to these terms, after you have received a copy of these terms; or
iii. Acceptance by you of any service offered by us under these terms, after you have received a copy of these terms,
whichever occurs first.
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