Terms and conditions
Terms of Membership
Nature of this agreement: This agreement is the commercial equivalent of an agreement for accommodation(s) in a hotel. The whole of the Centre remains in Hub83’ possession and control.
ACCEPTS THAT THIS AGREEMENT CREATES NO TENANCY INTEREST, LEASEHOLD ESTATE OR OTHER REAL PROPERTY INTEREST IN THE CLIENT’S FAVOUR WITH RESPECT TO THE ACCOMMODATION(S). Hub83 is giving the Client the right to share with Hub83 the use of the Centre on these terms and conditions, as supplemented by the Terms and Conditions, so that Hub83 can provide the services to the Client. This agreement is personal to the Client and cannot be transferred to anyone else. This agreement is composed of the front page describing the accommodation(s), the present terms and conditions and the Terms and Conditions.
Comply with Terms and Conditions: The Client must comply with any Terms and Conditions which Hub83 imposes generally on users of the Centre. The Terms and Conditions vary from country to country and from Centre to Centre and these can be requested locally.
Duration: This agreement lasts for the period stated in it and then will be extended automatically for successive periods equal to the current term but no less than 3 months (unless legal renewal term limits apply) until brought to an end by the Client or by Hub83. 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.
Bringing this agreement to an end: Either Hub83 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 three months written notice to the other. However, if this agreement, extension or renewal is for three months or less and either Hub83 or the Client wishes to terminate it, the notice period is two months or (if two months or shorter) one week less than the period stated in this agreement.
Ending this agreement immediately: To the maximum extent permitted by applicable law, Hub83 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 which Hub83 have given the Client notice to put right and which the Client has failed to put right within fourteen (14) days of that notice, or (c) its conduct, or that of someone at the Centre with its permission or invitation, is incompatible with ordinary office use. If Hub83 puts an end to this agreement for any of these reasons it does not put an end to any outstanding obligations, including additional services used and the monthly office fee for the remainder of the period for which this agreement would have lasted if Hub83 had not ended it.
If the Centre is no longer available: In the event that Hub83 is permanently unable to provide the services and accommodation(s) at the Centre stated in this agreement then this agreement will end and the Client will only have to pay monthly office fees up to the date it ends and for the additional services the Client has used. Hub83 will try to find suitable alternative accommodation(s) for the Client at another Hub83 Centre.
When this agreement ends the Client is to vacate the accommodation(s) immediately, leaving the accommodation(s) in the same condition as it was when the Client took it. Upon the Client’s departure or if the Client, at its option, chooses to relocate to different rooms within the Centre, Hub83 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 will differ by country and is listed in the Terms and Conditions. Hub83 reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. If the Client leaves any property in the Centre Hub83 may dispose of it at the Client’s cost in any way Hub83 chooses without owing the Client any responsibility for it or any proceeds of sale. When a Client vacates its accommodation(s) invariably Hub83 continues to receive the Client’s mail, faxes, telephone calls and visitors. In order to professionally manage the redirection of the Client’s calls, mail, faxes and visitors Hub83 charges a one-time Business Continuity Service. This service lasts for three months after the end of the date of this agreement. If in the event that there are no calls, mail, faxes or visitors this service will not be applied. This fee is located in the Terms and Conditions. If the Client continues to use the accommodation(s) when this agreement has ended the Client is responsible for any loss, claim or liability Hub83 incurs as a result of the Client’s failure to vacate on time. Hub83 may, at its discretion, permit the Client an extension subject to a surcharge on the monthly office fee.
Employees: While this agreement is in force and for a period of six months after it ends, neither Hub83 nor the Client may knowingly solicit or offer employment to any of the other’s staff employed in the Centre. This obligation applies to any employee employed at the Centre 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 one year’s 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.
Client Representation of Hub83 Employees: Throughout the duration of this agreement, Client agrees that neither Client, nor any of Client’s partners, members, officers or employees will represent, or otherwise provide legal counsel to, any of Hub83’ current or former employees in any dispute with, or legal proceeding against, Hub83, or any of Hub83’ affiliates, members, officers or employees.
Notices: All formal notices must be in writing to the address first written above.
Confidentiality: The terms of this agreement are confidential. Neither Hub83 nor the Client must disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues after this agreement ends.
Applicable law: This agreement is interpreted and enforced in accordance with the law of the place where the relevant Centre is located. Hub83 and the Client both accept the exclusive jurisdiction of the courts of such jurisdiction. If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.
Enforcing this agreement: The Client must pay any reasonable and proper costs including legal fees that Hub83 incurs in enforcing this agreement.
2. Services and Obligations
Furnished office accommodation(s): Hub83 is to provide the number of serviced and furnished office accommodation(s) for which the Client has agreed to pay in the Centre stated in this agreement. This agreement lists the accommodation(s) Hub83 has initially allocated for the Client’s use. The Client will have a non-exclusive right to the rooms allocated to it, unless otherwise outlined. Occasionally Hub83 may need to allocate different accommodation(s), but these accommodation(s) will be of reasonably equivalent size and Hub83 will notify the Client with respect to such different accommodation(s) in advance.
Office Services: Hub83 is to provide during normal opening hours the services, if requested, described in the relevant service description (which is available on request). If Hub83 decides that a request for any particular service is excessive, it reserves the right to charge an additional fee.
All monthly services will be on a reoccurring pay schedule on the anniversary date of the first month of becoming an official member. Your credit card on file will be charged the appropriate fees every month thereafter until a written, 30-day notice of cancellation is received by Hub Management.
HUB83 DOES NOT MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF HUB83 NETWORK
(OR THE INTERNET) OR OF ANY INFORMATION THAT THE CLIENT PLACES ON IT. The Client should adopt whatever security measures (such as encryption) it believes are appropriate to its circumstances. Hub83 cannot guarantee that a particular degree of availability will be attained in connection with the Client’s use of Hub83’ network (or the internet). The Client’s sole and exclusive remedy shall be the remedy of such failure by Hub83 within a reasonable time after written notice.
3. Providing the Services
Access to the accommodation(s): Hub83 may need to enter the Client’s accommodation(s) and may do so at any time. However, unless there is an emergency or the Client has given notice to terminate, Hub83 will attempt to notify the Client verbally or electronically in advance when Hub83 needs access to carry out testing, repair or works other than routine inspection, cleaning and maintenance. Hub83 will also endeavor to respect reasonable security procedures to protect the confidentiality of the Client’s business.
Availability at the start of this agreement: If for any reason Hub83 cannot provide the accommodation(s) stated in this agreement by the date when this agreement is due to start it has no liability to the Client for any loss or damages but the Client may cancel this agreement without penalty. Hub83 will not charge the Client the monthly office fee for accommodation(s) the Client cannot use until it becomes available. Hub83 may delay the start date of this agreement provided it provides to the Client alternative accommodation(s) that shall be at least of equivalent size to the accommodation(s) stated in this agreement.
The Client must not alter any part of its accommodation and must take good care of all parts of the centre, its equipment, fixtures, fittings and furnishings which the Client uses. The Client is liable for any damage caused by it or those in the Centre with the Client’s permission or at the Client’s invitation whether express or implied, including but not limited to all employees, contractors, agents or other persons present on the premises.
Office furniture and equipment: The Client must not install any cabling, IT or telecom connections without Hub83's consent, which Hub83 may refuse at its absolute discretion. As a condition to Hub83’s consent, the Client must permit Hub83 to oversee any installations (for example IT or electrical systems) and to verify that such installations do not interfere with the use of the accommodation(s) by other Clients or Hub83 or any landlord of the building.
Insurance: It is the Client’s responsibility to arrange insurance for its own property which it brings in to the Centre and for its own liability to its employees and to third parties. Hub83 strongly recommends that the Client put such insurance in place.
The Client 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 Client must not carry on a business that competes with Hub83’ business of providing serviced office accommodation(s).
The Client’s name and address: The Client may only carry on that business in its name or some other name that Hub83 previously agrees.
Use of the Centre Address: The Client may use the Centre address as its business address. Any other uses are prohibited without Hub83’s prior written consent.
Comply 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 Centre. The Client must not do anything that may interfere with the use of the Centre by Hub83 or by others, cause any nuisance or annoyance, increase the insurance premiums Hub83 has to pay, or cause loss or damage to Hub83 (including damage to reputation) or to the owner of any interest in the building which contains the Centre the Client is using. The Client acknowledges that (a) the terms of the foregoing sentence are a material inducement in Hub83’ execution of this agreement and (b) any violation by the Client of the foregoing sentence shall constitute a material default by the Client hereunder, entitling Hub83 to terminate this agreement, without further notice or procedure.
7. Hub83 Liability
The extent of Hub83’s liability: To the maximum extent permitted by applicable law, Hub83 is not liable to the Client in respect of any loss or damage the Client suffers in connection with this agreement, with the services or with the Client’s accommodation(s) unless Hub83 has acted deliberately or negligently in causing that loss or damage. Hub83 is not liable for any loss as a result of Hub83’ failure to provide a service as a result of mechanical breakdown, strike, termination of Hub83’s interest in the building containing the Centre or otherwise unless Hub83 does so deliberately or is negligent. In no event shall Hub83 be liable for any loss or damage until the Client provides Hub83 written notice and gives Hub83 a reasonable time to put it right. If Hub83 is liable for failing to provide the Client with any service under this agreement then subject to the exclusions and limits set out immediately below Hub83 will pay any actual and reasonable expenses the Client has incurred in obtaining that service from an alternative source. If the Client believes Hub83 has failed to deliver a service consistent with these terms and conditions the Client shall provide Hub83 written notice of such failure and give Hub83 a reasonable period to put it right.
EXCLUSION OF CONSEQUENTIAL LOSSES, ETC.:
HUB83 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 HUB83 OTHERWISE AGREES IN WRITING. HUB83 STRONGLY ADVISES THE CLIENT TO INSURE AGAINST ALL SUCH POTENTIAL LOSS, DAMAGE, EXPENSE OR LIABILITY.
Financial limits to Hub83’s liability: In all cases, Hub83’ liability to the Client is subject to the following limits:
• Up to a maximum equal to 125% of the total fees paid under your Agreement up to the date on which the claim in question arises or $50,000 (whichever is the higher), in respect of all other losses, damages expenses or claims.
Taxes and duty charges: The Client agrees to pay promptly (i) all sales, use, excise, consumption and any other taxes and license fees which it is required to pay to any governmental authority (and, at Hub83’ request, will provide to Hub83 evidence of such payment) and (ii) any taxes paid by Hub83 to any governmental authority that are attributable to the accommodation(s), including, without limitation, any gross receipts, rent and occupancy taxes, tangible personal property taxes, stamp tax or other documentary taxes and fees.
Service Retainer/Deposit: The Client will be required to pay a service retainer/deposit equivalent to one months' of the monthly office 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 Hub83 without generating interest as security for performance of all the Client’s obligations under this agreement. The service retainer/deposit or any balance after deducting outstanding fees, the Business Continuity and Office Restoration Service and other costs due to Hub83, will be returned to the Client after the Client has settled its account with Hub83 and funds have been cleared.
Hub83 may require the Client to pay an increased retainer if outstanding fees exceed the service retainer/deposit held and/or the Client frequently fails to pay Hub83 when due.
The Client will be charged an office set up fee per occupant. Fee amounts are located in the Terms and Conditions which can be requested at any time. Hub83 reserves the right to change it service fees and offering at any time.
Payment: Hub83 is continually striving to reduce its environmental impact and supports its clients in doing the same. Therefore Hub83 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.
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 Terms and Conditions. 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. Hub83 also reserves the right to withhold services (including for the avoidance of doubt, denying the Client access to its accommodation(s)) while there are any outstanding fees and/or interest or the Client is in breach of this agreement.
Insufficient Funds: The Client will pay a fee for any returned cheque or any other declined payments due to insufficient funds. This fee will differ by country and is listed in the Terms and Conditions.
Hub83 will increase the monthly office fee each and every anniversary of the start date of this agreement as specified in the Terms and Conditions. This will only apply to agreements that have an original start and end date constituting more than a 12 month term. Renewals will be renewed as per clause 1.3 above and only those renewals with a start and end date constituting a term of over 12 months will have the same increase applied.
Standard services: The monthly office 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 Hub83 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 Terms and Conditions. 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.
If Hub83 receives the Client’s mail, faxes, and telephone calls and the Client has not signed up for such services, Hub83 reserves the right to automatically bill the Client for such services as per outlined fees in the Terms and Conditions.
Background & Credit Check: Hub83 reserves the right to conduct a background and credit check as part of the membership agreement and can terminate this member agreement based upon the results of such check.
Pay-as-you-use and Additional Variable Services: Fees for pay-as-you-use services, plus applicable taxes, in accordance with Hub83’ 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 Terms and Conditions.
Discounts, Promotions and Offers: If the Client benefited from a special discount, promotion or offer, Hub83 may discontinue that discount, promotion or offer without notice if the Client breaches these terms and conditions or becomes past due on two or more occasions.