Terms and conditions

General Terms and Conditions

S³PACE Terms and Condition-

Below are the Terms and Conditions of the S³PACE Membership Agreement, which may change from time to time and apply to all facilities operating under different brands.

Accommodation(s):

1. Access: S³PACE Private Office and Designated Desk Members will have extended access to their respective spaces (Monday-Sunday 8 am-10pm). This does not extend to Day Pass and Day Pass Package holders. Virtual Office and Day Pass members have access to S³PACE during manned hours (Monday-Friday 9:00 a.m. to 5:30 p.m.) unless otherwise arranged with the Community Manager. S³PACE shall provide use of Meeting Rooms subject to availability and upon reservation only, and will deduct hours from allotted hours extended with Membership. We shall also provide business and administrative support services based on Members contracts, however use of these services may be subject to additional fees. All members must check in at reception. Checking in will constitute a day’s usage against the Member’s allocated days per month.

2. Upon Move-In: We will ask You to sign an inventory of all accommodation, furniture and equipment You are permitted to use, together with a note of its condition, and details of the keys or entry cards issued to You.

3. Signage: You may not put up any signs on the doors of Your accommodation or anywhere else visible from outside the room(s) You are using without written approval from the S³PACE team. We reserve the right to charge a fee for any signage and to specify its design to ensure it remains in keeping with the S³PACE’s design.


4. Our Property: You must take good care of all parts of the S³PACE Space, its equipment, fittings and furnishings You use. You must not alter any part of it. No Member may alter any part of it. Depending on Members' contracts, the assigned furniture as part of their arrangement may vary. Additional furniture requests can be proposed and must be approved by S³PACE in writing.

5. Keys and Security: Any keys which We let You use remain Our property at all times. You must not make any copies of the keys and/or entry cards or allow anyone else to use them without Our consent. Any loss must be reported to Us immediately and You must pay a reasonable fee for replacement keys or cards and for changing locks, if required. Additional devices may be purchased for a one-time activation fee, which is available upon request. No additional locks or bolts of any kind shall be placed upon any of the doors or windows of S³PACE by you nor shall any changes be made to existing locks or the mechanisms thereof. Where applicable, all persons receiving access devices must complete the ID verification process, including a form of photo ID. This rule improves security levels of S³PACE. If Members are permitted to use S³PACE outside normal working hours, it is the Members responsibility to lock the doors to their Office (if applicable) and ensure that the main entrance to S³PACE is firmly closed and the KISI door system is registering doors as closed when leaving. This is to ensure the safety of individuals and property at S³PACE.

6. Inclusive Visits: Any Private Office usage included in the Membership agreement is not cumulative, cannot be transferred in any way, and cannot be carried over to future months, or used for Meeting Rooms. Private office assignment is at S³PACE discretion and all usage is subject to the Membership Agreement.

Use of S³PACE:

1. Entrances and Exits: Members shall not leave open any corridor doors, exit doors or door connecting corridors during or after business hours for security purposes. All corridors, halls, elevators and stairways shall not be obstructed by Members or used for any purpose other than entering and exiting. Members can only use public areas with the consent of S³PACE and those areas must always be kept neat and attractive.

2. Cameras: S³PACE uses camera recording for security purposes, only in common areas. By signing their contract, Members consent to being recorded in common areas of S³PACE. Recordings will only be reviewed at the discretion of S³PACE.

3. Name and Address: At Members request, S³PACE will happily include Members' names in the house directory at S³PACE, where available. Members must not use the S³PACE name in any way in connection with their business outside of their registered business address, if applicable.

4. Employees and Guests: All Members and guest of Members shall conduct themselves in a professional and courteous manner; the noise level will be kept to a level so as not to interfere with or annoy other Members and Members will abide by S³PACE directives regarding security, keys, parking and other such matters common to all occupants. No part of S³PACE may be used for overnight accommodation.You may be accompanied by one visitor/guest during days of included office usage. There is no charge for the day office guest, who may access and use Internet services free of charge. If the nature of the business requires frequent client facing activities (more than one guest a day), members will have to get prior written consent from S³PACE and additional fees may be applied at the discretion of S³PACE.

5. Equipment: Members shall not, without prior written consent from S³PACE, store or operate in Members office(s), any computer (except a personal computer) or any other large business machine, reproduction equipment, heating equipment, stove, radio, stereo equipment or other mechanical amplification equipment, vending or coin operated machine, refrigerator, boiler or coffee equipment. Additionally, Members must not conduct a mechanical business therein, do any cooking therein, or use or allow to be used in the building where S³PACE is located, oil burning fluids, gasoline, kerosene for heating, warming or lighting. No articles deemed hazardous on account of fire or any explosives shall be brought into S³PACE. No offensive gases, odours or liquids shall be permitted. No weapons concealed or otherwise, shall be permitted. S³PACE is intended to be used solely for office use.

6. Electrical: The electrical current shall be used for ordinary lighting, powering personal computers and small appliances only, unless written permission to do otherwise was first obtained from S³PACE at an agreed upon cost. If any special installation or wiring is required for electrical use, telephone equipment or otherwise, such wiring shall be done at Members expense, with written consent of S³PACE.

7. Common Areas: Members may not conduct business in the hallways, reception area, or any other area except at Members designated offices or areas without prior written consent from S³PACE.

8. Shared Space: Members shall not use the Lounge space for large meetings. Offices or meeting rooms should be used to accommodate these needs, charged at the standard rates or using allotted hours as part of Membership. No Member will use or occupy more space than what is included in their Membership agreement. Any abused of this use will be subjected to a fine and/or right to terminate the contract at any point.

Space Access:

a. Access: Members will have access to the S³PACE Lounge between 9:00 a.m. to 5:30 pm Monday to Friday or such time as is agreed with S³PACE. We are however entitled to reserve parts of the Lounge at any time.

b. Fair usage: The Lounge is designed to be enjoyed by Members and guests for temporary use. No furnitures or setup in the lounge can be moved or maneuvered at any point without prior approval from S³PACE's staff. If S³PACE feels use of the space is impeding other Members from having fair use of the space, Members might be asked to adjust Membership or moderate use. A fine and/or violation will be imposed if found the space has been misused by any member. If Members are leaving a seat for any length of time, please take all belongings. S³PACE reserves the right to move belongings if left too long and are taking up required seats.

c. Events: Events can be hosted in various areas within the Lounge. If a Member is interested in holding an event, please ask S³PACE staff for further details. Any request will have to be made at least 2 weeks in advance and there will be additional fees applied. Setting up and dismantling an area of the Lounge for an evening event should only take place after 3pm in order to prevent noise disturbing other Members. Event Space rental will be subjected to its own terms of conditions for signing prior.

9. Smoking: Smoking of any type i.e. nicotine or electronic or any other form, shall be prohibited in all public areas, including conference and training rooms. No smoking shall be permitted at any time in any area of S³PACE (including open or closed offices).

10. Harassment: You and your officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers, or invitees shall be prohibited from participating in any type of harassing, discriminatory or abusive behavior to our team members, other customers or invitees, verbal or physical in S³PACE for any reason. Any breach of this rule is a material breach of your agreement (not capable of remedy) and your agreement may be terminated immediately, and services will be suspended without further notice.

11. Free relocation: If you would like to relocate to any of the other spaces in S³PACE, we will do our utmost to accommodate the relocation (subject to availability), free of charge. Any change to deal terms, which includes but is not limited to office type, price and terms of agreement are at our discretion. Moving costs are the sole responsibility of you and will not be reimbursed by us.

12. Health and Safety: In order to ensure all users have a safe and secure working environment, you, your employees and visitors must comply with all health and safety requirements set out by we, by law and as are otherwise applicable to the Space.

13. Animals: You shall bring no animals into the Building other than service animals covered under the Canadians with Disabilities Act (CDA). Service animals are defined as animals who have been trained to perform a specific job or task. If a service animal becomes disruptive and you do not take effective action to control it, we may request the animal to be removed from the premises.

14. Soliciting: You may only solicit other customers for business or any other purpose through S³PACE approved channels (e.g. notice-boards, networking events, community forum...).

15. Your Property: All property belonging to You or any of Your employees, agents or invitees shall be at the risk of such person only and We shall not be liable for damages thereto or for theft or misappropriation thereof.

16. Know Your Customer (KYC) Requirements: For some services We provide, local regulation may require that We obtain confirmation of personal and business identification/documentation from You. Where this is a requirement, We will only be able to commence those services You have contracted for once You have provided the requested information.

Services and Obligations:

1. Furnished Office Accommodation: Members shall not affix anything to the windows, walls or any other part of LOCO SPACE or Members' offices or make alterations or additions to the office without prior written consent from the S³PACE team.

2. Pay-As-You-Use Services: All of the pay-as-you-use services are subject to the availability of the S³PACE staff at the time of any service request. We will endeavour to deal with a service request at the earliest opportunity and provide the additional service you require, but we will not be held responsible for any delay. If in Our opinion, We decide a request for any pay-as-You-use service is excessive; We reserve the right to charge an additional fee at Our usual published rates based on the time taken to complete the service. This will be discussed and agreed between Us and You at the time You make such a request.


3. Service Availability: Services will be available during standard business opening hours. Internet access and phone lines are available after hours and weekends.

4. Meeting & Training Rooms: Your use of the Meeting & Training room is subject to availability. It can only be booked online, through your account, on the day of use, on a first come, first served basis. The rooms must be returned to the state in which it was originally found following the meeting. Cancellation of usage is at our discretion if any one your use is deemed to be excessive.

5. Mail Acceptance Policy: S³PACE will not accept any items exceeding 4.5 kg (10 lbs.) in weight, 46 cm (18”) in any dimension, 0.03 cubic meters (1 cubic foot) in volume or if it contains any dangerous, live or perishable goods and shall be entitled in absolute discretion to return any uncollected items or refuse to accept any quantity of items it considers unreasonable or unlawful. Items of larger size will only be accepted upon mutual prior agreement. We do not guarantee or assume responsibility for any of the services hereunder. We reserve the right to immediately suspend services and/or terminate the agreement if it is determined the facility or address is being used in connection with possible fraudulent activity or activity potentially in violation of laws or governmental regulations. We will not forward mail received on Members' behalf outside of the US or Canada to prevent S³PACE or address from being used in connection with possible fraudulent activity or activity potentially in violation of laws or governmental regulations, We may charge an administrative fee if there is an excessive volume of mail received and processed by the S³PACE team on a Member's behalf.


Our Services Agreement

1.Cross Default: Members agree that a default by Members under this agreement is a default by Members under all other agreements between S³PACE and Members (“Other Agreements”) and a default under Other Agreements by Members are a default under this agreement by Members. Members agree that S³PACE may recover any unpaid sums due under Other Agreements from Members under this agreement and that S³PACE may, in particular (but not limited to), withhold services under this agreement. Members agree that the retainer held by S³PACE under this agreement secures the obligations of Members under Other Agreements and is available for use by S³PACE to satisfy unfulfilled obligations of Members under those Other Agreements.

2.Online Account/App: All Day Office and Meeting Room bookings, copies of Your agreement, correspondence and a downloadable statement of account are available via Your online account or on the app. These are accessible at Your convenience to actively manage Your account. All administration of Your agreement can be managed online through Our website or mobile app. You can log into Your online account simply by going to the website and clicking ‘Log in’ at the top of the screen. The app is also available in both the Apple and Android stores.

3. Company and Contact Information: It is your responsibility to keep the information and key contact details we use to communicate with you up to date through the app or online account. This includes but is not limited to email addresses, phone numbers, and company address.

4. Subordination: This agreement is subordinate to Our lease with Our landlord and to any other agreements to which Our lease with the landlord is subordinate.

5. Termination: We reserve the right to immediately restrict services, cancel renewal, and/or terminate the agreement if We determine Our facility or address is being used in connection with possible fraudulent activity or activity that may be a violation of laws or governmental regulations.

Fees:

1. Activation Fees: There will be a one-time, non-refundable per-occupant fee for Private Office, Dedicated Desk, Hot Desk Members. This fee will cover all aspects of onboarding, administration and setup. For Private Office Members, there will be a fee for each new occupant. If there is a move to a different office in the same location no fees will be assessed if the occupants do not increase. If Members switch plans or products (e.g. change from Virtual Office to Private Office) they will be charged the relevant activation fee for the new plans or products.

2. Standard Services: The standard fee and any fixed, recurring services requested by Members are billed in advance. Where a daily rate applies, the charge for any such month will be 30 times the standard fee. For a period of less than a month the standard fee will be applied on a daily basis. All services will renew automatically at the prevailing market rate. If Members would like to stop a recurring service, please speak with the LOCO SPACE team directly; they will be able to remove the service starting from the next calendar month.

3.Printing Integration: There will be a one time, nonrefundable printing setup fee for members. This will cover the cost of linking and integrating the printing system to the individual membership, allowing for pay as you use printing services.

4. Pay-As-You-Use (One-Off) Services: Fees for Pay-As-You-Use services, plus applicable taxes, in accordance with published rates which may change from time to time, are billed in arrears.

5. Mainline Activation & Answering: Activation of a designated mainline will be subjected to extra fees. The ‘main line answering’ service for any of the Office and Virtual Office products is not intended for main sales lines, large marketing campaigns, call centres and/or main customer support lines. We reserve the right to charge an additional fee of $1.00 per call, should your business exceed 80 calls in a month.

6. Unlimited Coffee & Tea/Kitchen Amenity Service: Allows you and your visitor access to unlimited self-service coffee and hot beverages and is charged per office occupant. We obtain the power to restrict your use if found that the machine is excessively misused.

7. Late Payment: Late fee dates will vary based on the type of service/invoice provided. If You do not pay fees when due, a service fee and an administration fee equal to 3% of the overdue balance amount (the monthly fee amounting to an annualized rate of 55.9%). If You dispute any part of an invoice, You must pay the amount not in dispute by the due date or be subject to such late fee.

8. Insufficient Funds: You will pay a fee of $50 or the maximum amount permitted by law for failed payments due to declined credit cards, insufficient funds from direct debit payments, or returned checks.


9.Credit Requests: If you believe you have an incorrect charge on your invoice you must bring the dispute to our attention for correction (if valid) within 90-days of receiving your invoice

10. Business Continuity Service: Business Continuity is a service provided for 3 months following your departure (agreement end date) from S³PACE to cover the management of mail, fax, calls and visitors. Prices can be obtained upon request.

We will provide a pre-recorded message on your existing phone confirming your new number. Should any visitors come to S³PACE, our professional receptionist team will give them the new office address. We will continue to collect mail and faxes to ensure correspondence is not missed. If you choose to have them forwarded to the new address, we will do so at the preferred customer rates and a credit card must be on file.

If the Business Continuity package is not purchased: − Phones will be disabled with no forwarding message. − Mail will be returned to the sender. − No information will be given to your guests other than you no longer have space there

11. Deposit: For Virtual Office, Private Office, Dedicated Desk and Hot Desk Members, retainers are calculated as the first and last month, unless otherwise agreed in writing.

Liability

1. Mail: You release Us from any liability arising out of or incurred in connection with any mail or packages sent or received on Your behalf. We hold no liability over loss or damage of delivered or any transit goods.

2. Services: You are liable for all fees and any other amounts for which services are requested or rendered regardless of whether a payment made by any particular medium is declined or rejected in whole or in part. If requested by Us, You will immediately pay by an alternate form of payment accepted by Us.

3. The extent of liability: To the maximum extent permitted by applicable law, S³PACE is not liable to any Member in respect of any loss or damage a Member suffers in connection with an agreement, including without limitation any loss or damage arising as a result of S³PACE failure to provide a service as a result of mechanical breakdown, strike or other event outside of S³PACE reasonable control otherwise unless S³PACE have acted deliberately or have been negligent. In no event shall S³PACE be liable for any loss or damage until a Member provides written notice and gives S³PACE a reasonable time to remedy it.

4. Member Insurance: It is our Members responsibility to arrange insurance for property which the Member brings into S³PACE, for any mail Members send or receive and for Members own liability to their employees and to third parties. We strongly recommend that Members put such insurance in place.

5. IT Services and Obligations: Whilst S³PACE have security internet protocols in place and strive to provide seamless internet connectivity, S³PACE DOES NOT MAKE ANY REPRESENTATION AND CANNOT GUARANTEE ANY MAINTAINED LEVEL OF CONNECTIVITY TO OUR NETWORK OR TO THE INTERNET, NOR THE LEVEL OF SECURITY OF IT INFORMATION AND DATA THAT MEMBERS PLACE ON IT. Members should adopt whatever security measures(such as encryption) believed appropriate to the Members business. Members sole and exclusive remedy in relation to issues of reduced connectivity which are within S³PACE reasonable control shall be for S³PACEto rectify the issue within a reasonable time following notice from a Member to S³PACE

6. EXCLUSION OF CONSEQUENTIAL LOSSES: S³PACE WILL NOT IN ANY CIRCUMSTANCES HAVE ANY LIABILITY TO A MEMBER FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO DATA, THIRD PARTY CLAIMS OR ANY CONSEQUENTIAL LOSS. WE STRONGLY RECOMMENDS THAT ALL MEMBERS INSURE AGAINST ALL SUCH POTENTIAL LOSS, DAMAGE, EXPENSE OR LIABILITY.

Force Majeure

1. Force Majeure: We shall have no liability to you under this agreement if we are prevented from, or delayed in, performing our obligations under this agreement or from carrying on our business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, disease or quarantine restrictions compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or subcontractors. S³PACE obligation to perform our obligations shall be suspended during the period required to remove such force majeure event. We shall notify you as soon as reasonably possible of the force majeure event and propose a suitable alternative accommodation (if any).

IT and Technology Policy

1. Content: You acknowledge we do not monitor the content of information transmitted through our telecommunications lines or equipment, which includes, but is not limited to, Internet access, telephone, fax lines and data lines (“Telecommunications Lines”). You further acknowledge we are merely providing a conduit for your Internet transmissions, similar to a telephone company, and we accept no liability for the content of transmissions by you.

2.Restrictions: Our Internet service may be used only for lawful purposes and shall not be used in connection with any criminal or civil violations of state, federal, or international laws, regulations, or other government requirements. Such violations include without limitation theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; violation of export control laws or regulations; libel or defamation; threats of physical harm or harassment; or any conduct constituting a criminal offence or gives rise to civil liability. You are responsible for maintaining the basic security and virus protection of your systems to prevent your use by others in a manner which violates the Service Agreement. You are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

3. Our Internet Access - Per User Basis: We grant you access to our Internet service on a per user access basis. In the event of you increasing the number of users by utilizing a proxy server or by other means, you agree to pay us a fee for each user who accesses the Internet, either directly or through a proxy server.

4. Unauthorized Access: In no event may you increase your authorized access points to the Telecommunications/Data lines by means of wire splitting or any other method including wireless devices. In the event of you breaching paragraph 47.c (Our Internet Access - Per User Basis), above, or this paragraph, we may disconnect all of your access to the Telecommunications/Data lines upon three (3) business days prior written notice to you. You shall pay all fees for any unauthorized Telecommunications/Data Lines use upon invoice from us. We shall have no obligation to reconnect you to the Telecommunications/Data Lines until such fees have been paid in full and you have ceased to make unauthorized access.

5. Interference: Members cannot interfere or install equipment that interferes with or disrupts the functioning of S³PACE equipment or the equipment of other Members. This will be considered as a breach to these house rules.

6. Your Installed Telecommunications Lines: It is part of our business model to provide Telecommunications Lines to our customers. You may not bypass the use of our Telecommunications Lines by installing your own direct Telecommunications Lines. On a case by case basis, we may grant you authorisation to install direct Telecommunications Lines upon written request by you. This permission will only be granted on the agreement of you, to make a monthly payment of a direct access fee as set by us which will be equal to the monthly our Internet fee, the Telecoms package fee or both.

7. Security Violations: You are prohibited from engaging in any violations of system or network security. Our Internet service may not be used in connection with attempts - whether or not successful - to violate the security of a network, service, or other system. Examples of prohibited activities include, without limitation, hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software. We reserve the right to suspend the Internet access upon notification from a recognized Internet authority or ISP regarding such abuse. We may disconnect your equipment and withhold services if we consider your hardware or software is, or has become, inappropriate for connection to our network. You are responsible for your own virus protection on your systems and hardware.

8. Revisions to this Policy: We may modify this Policy at any time, with or without notice.

9. DISCLAIMER OF LIABILITY FOR THIRD PARTY PRODUCTS: As part of our services to you, we may provide third party Internet access and computer hardware and software (“Third Party Services”). WE DISCLAIM ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD-PARTY SERVICES. YOU ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY US AS TO THE FITNESS OF THE THIRD-PARTY SERVICES FOR YOUR INTENDED PURPOSE.

10. DISCLAIMER OF LIABILITY FOR YOUR EQUIPMENT: ALL YOUR EQUIPMENT STORED IN OUR TELECOMMUNICATIONS ROOM IS STORED AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL LIABILITY FOR SUCH EQUIPMENT AND SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE TO SUCH EQUIPMENT.

11. DISCLAIMER OF INDIRECT DAMAGES FROM LOSS OF SERVICE: We do not provide any service level agreement to you in regard to provision or loss of service for its Internet services. We shall not be liable for any indirect damages, including lost profits, arising out or resulting from any loss of service or degradation of connectivity/access to the Internet with the Service Agreement, even if the other party has been advised of the possibility of such damages. The foregoing shall apply, to the fullest extent permitted by law, regardless of the negligence or other fault of either party.

12. DISCLAIMER OF INDIRECT DAMAGES: We shall not be liable for any indirect damages, including lost profits, arising out or resulting from the Service Agreement even if the other party has been advised of the possibility of such damages. The foregoing shall apply, to the fullest extent permitted by law, regardless of the negligence or other fault of either party.