1. Overview
a. You may only use a Coworking Space for business offices, personal offices, professional studios, Flexi-Desk, Virtual Office, Dedicated Desk, Business Lounge, meeting rooms or other uses we authorise in writing (Permitted Uses).
b. We retain full control and unrestricted access to all areas of our Coworking Spaces, but will take all steps to respect privacy of our Members.
c. We are not granting you exclusive possession to any part of a Coworking Space and can relocate you to an office or desk at a different area of a Coworking Space at any time.
d. You use our Coworking Spaces entirely at your own risk.
e. We can terminate, suspend or vary your Membership or access, if you breach any term of this licence agreement or our Code of Conduct .
2. Non-solicitation
a. In consideration for the rights granted to you in this licence agreement and to protect the CreativeCubes.Co’s goodwill, you will not during the Term induce, encourage or solicit any of CreativeCubes.Co’s employees to resign and accept an offer of employment with you.
b. If a CreativeCubes.Co employee accepts an offer of employment with you, CreativeCubes.Co may waive any rights it has under clause 2.a above in return for a flat fee of an amount equal to 35% of the annual salary contained in that offer of employment.
3. Term, termination and overholding
a. Memberships begin from the Start Date described above and continue until the End Date described above, subject to any period of overholding (Term).
b. A member may terminate their Membership at the end of their current agreement term by giving at least 60 days notice (Notice Period) in writing to your home location via email (and we must acknowledge receipt of your email in writing) before the 1st day of the month in order to finish up at the end of your current agreement term in order not to receive the holding over cost set out in clause f. below. You acknowledge that a longer notice period may be required for a member to terminate (for example, 90 days) where this is set out in the special terms.
c. You must pay the following fees during the Term: the monthly licence fee described above; other charges (for example, locker fees, bike storage fees, Meeting Room Booking fees).
d. Fees are invoiced monthly and must be paid before the 1st day of each month during the Term (or earlier if the 1st day of each month is a weekend or public holiday).
e. All pricing is exclusive of GST. You must also pay us the applicable GST amounts that apply to the above fees.
f. If you remain in the Coworking Space after the expiration of the Term, or have not provided us with adequate notice or notice of your intention to renew, the Term automatically continues on a month-to-month basis, with a monthly Licence fee equal to 115% of the monthly fee instalment payable during the Term.
g. You will indemnify us and will be liable for, all loss and damage, out-of-pocket expenses and all other reasonable expenses and disbursements incurred by us for unpaid Licence fees, including but not limited to legal costs on a solicitor/own basis, search fees and debt collection costs (as if the debt had been collected) and any other contingent expenses incurred by us for the enforcement of any obligations we are at liberty to take against you, for the recovery of monies owed by you to us.
h. Any discount, promotions, credits, benefits or other special terms or Minimum Terms are deemed to be confidential between us and the relevant Member. You must not disclose this confidential information to any other person without our consent, unless for the purpose of obtaining legal advice or where required to be disclosed by law. You acknowledge that discounts, promotions, credits or benefits may vary or change from time to time at our discretion by email to you.
i. We reserve the right to charge interest on any and all overdue payments due to us at a rate of 15% per annum, in addition to a dishonour fee of $35.00+GST and late payment fee of $35.00+GST
4. Security deposit
a. Before the Commencement Date, you must pay a security deposit payment equal to two months Licence fee (exclusive of GST) (Security Deposit).
b. We can use your Security Deposit to pay (in whole or in part) for any loss or damage we may suffer or incur as a result of your breach or non-compliance with any part of this licence agreement (for example, any make good requirements). On termination of your Membership, we will refund any unused portion of the Security Deposit to you.
c. Subject to our rights at clause b. above, if you validly terminate this agreement we will return the Security Deposit to you 60 days after receipt of full payment of your final invoice.
d. For the avoidance of doubt, CreativeCubes.Co reserves the right to invoice the Member the remaining due Membership fees and apply the Security Deposit as a credit on the account towards any unpaid amounts if sufficient notice is not provided and/or the Minimum Term has not been completed as stipulated above.
5. Memberships
a. You must be 18 years of age or over to obtain a Membership.
b. Members will be provided with an online Membership Account to use in relation to their Membership.
c. You must ensure you maintain the security and confidentiality of any information relating to your Membership Account (including your password and user credentials). You are solely responsible for all activity associated with your Membership Account, including activity that occurs because you haven’t kept information secure and confidential. If you believe the security of your Membership Account has been in anyway compromised, you must contact the Happiness Team at hello@creativecubes.co
d. Memberships are granted at our sole discretion and are non-transferable.
6. Guests
a. Members are permitted to invite Guests to meetings held at the Coworking Spaces within the Meeting Rooms. To keep our Coworking Spaces spacious and productive, Guests are not permitted to visit, hang out at or otherwise use a Coworking Space, unless prior consent has been obtained from the Happiness Team or for Special Events.
b. Members are vicariously liable to CreativeCubes.Co and its Representatives for any loss and damage caused by their Guests.
7. Payment processing and refunds
a. We use a third-party payment processing services provider to facilitate all Licence fee subscription payments. We may change the third-party payment processing service at our discretion. By making Licence fee payments to us via our Website, you agree that you are subject to the Payment Facilitator’s User Terms of Service for using their third-party payment processing services.
b. You acknowledge and agree we do not provide refunds for ‘change of mind’, our fees, charges and payment terms are subject to change at any time.
c. We will provide 7 – 14 days’ written notice before varying fees and charges of existing Members.
8. Australian Consumer Law
a. Where you acquire our Services as a Consumer, our Services come with Consumer Guarantees under the ACL (as those terms are described in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
b. Nothing in this licence agreement overrides, excludes, limits or restricts your rights under the ACL in relation to our Services.
c. If you don’t use our Services as a Consumer, we don’t make any guarantees or warranties that the Services will be suitable or fit for any particular purpose and we exclude any term, condition or warranty that could be implied into this licence agreement.
d. You acknowledge and agree:
i. If you are a Consumer, our liability to you for any Loss or Claim suffered from us failing to comply with any Consumer Guarantees in any period of the Term (Affected Period), is limited (at our election) to supplying the Services again or paying the cost of having the Services supplied again, for any period equivalent to the Affected Period.
ii. If you aren’t a Consumer, CreativeCubes.Co and its Representatives will not be liable and exclude all liability (whether arising under this licence agreement, in tort, negligence, statute or in any other way) for all Loss and Claims of any kind whatsoever directly or indirectly sustained by you in relation to a Membership, the Services or access and use of a Coworking Space.
iii. You release CreativeCubes.Co and Representatives from all Claims you may have against CreativeCubes.Co and Representatives in connection with this licence agreement, the Services, your Membership or access and use of a Coworking Space.
e. If clause 8.d.iii. is not enforceable, then our maximum aggregate liability arising from or relating to any Claim by you will not exceed the total Licence fee paid by you to us during the past 12 months from the date you notified us in writing of the Claim.
9. Insurance
a. We recommend you have appropriate insurances to cover your use of the Coworking Space including, but not limited to, public liability, contents and workers’ compensation insurance.
10. Code of Conduct and Community Guidelines
a. CreativeCubes.Co’s mission is to create a community of passionate, respectful, productive, supportive and positive people. All Users must comply with our community values and standards which are found here
http://creativecubes.co/conduct (our “Code of Conduct”). You can read more about our values here www.creativecubes.co/mission.
b. You must also comply with our Fair Use Policy (found at https://creativecubes.co/fairuse/), Code of Conduct (found at https://creativecubes.co/conduct/) and Internet Policy (found at https://creativecubes.co/internet-policy/).
11. Common Areas
a. Members have the right to access and use the Common Areas during the Term. Guests can use the Common Areas immediately prior to or after a Meeting.
12. Meeting Rooms
a. The following terms apply to Meeting Rooms:
i. All Members have the right during their Term to book appointments or to book and use the Meeting Rooms (Meeting Room Bookings). Meeting Room Bookings must be made in your Membership Account and are subject to availability. Some Members may have allocated ‘credits’ per month to book and use Meeting Rooms. Members will be required to pay for Meeting Room Bookings at the end of each month should their credit allocation be exhausted if/where applicable.
ii. Members who change their mind or cancel less than 24 hours prior to a Meeting Room Booking are not entitled to a refund. All cancellations need to be made in writing in line with the cancellation period and acknowledged by the Happiness Team member.
13. Lockers, Car Spaces and Bike Storage
a. Members can purchase the right to use a locker, or hire a car space and bike storage by purchasing a pass (Additional Pass).
b. Members with an Additional Pass are granted an additional licence to access and use a car space, bike storage or locker as directed by us, and must comply with any conditions of entry displayed at the entrance and the relevant areas of the car park or bike storage.
14. Our Services and The Happiness Team
a. We have a team of amazing staff to work at our Coworking Spaces (Happiness Team). There will be a Happiness Team based at each Location and onsite during Trading Hours and after hours for Special Events (where applicable). If you have any questions or concerns regarding your use of a Coworking Space, you should contact the Happiness Team at reception or by emailing hello@creativecubes.co.
15. Opening Hours, Access and Special Events
a. Coworking Spaces are open between the hours of 9am and 5pm weekdays (Trading Hours). The offices will be closed on public holidays as well as the days between the end of year and New Year period.
b. Members will be provided with access cards, fobs, or such other means of access as we may determine from time to time, to access a Coworking Space (including their desks, offices and car spaces where applicable) for a setup fee (where applicable), which we may vary any time (Access Cards). If you lose an Access Card, these may be purchased for an additional fee.
c. Sometimes we hold MicDrop or other events at a Coworking Space (Special Events) meaning certain parts of the Coworking Space will not be available for use during that event. This could also include, but not limited to unforeseen circumstances such as repairs and/or renovations that may be required. We may be required to temporarily remove or reposition furniture or ask you to temporarily relocate.
16. Furniture, Personal Belongings and Equipment
a. If you wish to bring personal belongings or equipment to a Coworking Space, or to park any vehicle at a Coworking Space, you do so ‘at your own risk’ and you accept that CreativeCubes.Co will not be responsible for loss or damage to those items, however that loss or damage is caused.
b. You are not permitted to take any of our property from a Coworking Space. Furthermore, you are not permitted to remodel or redecorate any workspace unless you have our prior written consent. Additionally, we reserve the right to charge an administration fee at any time if an office or workspace is not left in its original state or condition.
c. At the end of the Term, you must remove all property from a Coworking Space and leave the Coworking Space in a clean and tidy condition. We can use your Security Deposit to rectify your non-compliance with Clause 16. You agree that we may charge a minimum of $500.00+GST or otherwise $45.00+GST per square metre for cleaning to ensure your compliance with this clause (subject to fair wear and tear). This is subject to change at any time and without prior notice.
d. The Licensor reserves the right to access the Member’s designated space for the purposes of maintenance, mail delivery, inspections, ensuring compliance with safety regulations, or addressing any urgent matters. The Provider will endeavour to give the Member prior notice, except in the case of emergencies, where immediate access may be necessary to protect the health, safety, or security of the premises, its occupants, or its property.
Any access will be conducted with respect for the Member’s privacy and belongings, and any disruption will be minimised to the extent possible.
17. Promotion and Marketing
a. By accessing or using a Coworking Space, you consent to us and our Representatives taking photographs and videos of you (Media Content) and to us reproducing, adapting, distributing, publicly performing, sub-licensing, assigning and otherwise exploiting the Media Content throughout the world, in all media and in perpetuity for marketing, promotional and other commercial purposes in our sole discretion and on an
irrevocable basis.
b. You consent for us to carry out any or all acts or omissions in relation to the exploitation of the Media Content, which would infringe your Moral Rights and/or otherwise infringe any rights you may have as a performer under Part X1A of the Copyright Act 1968 (Cth).
18. IP and Confidential Information
a. We are the exclusive owners of or otherwise have a licence to use the CreativeCubes.Co IP which includes the Media Content. You must not copy, reproduce, sell, distribute, licence or otherwise use the CreativeCubes.Co IP without our written consent.
19. Privacy
We take the protection of your personal information seriously. We handle the personal information of Users in accordance with our Users Privacy Policy. For information about how we handle the personal information of general users of our Website, please refer to our general website privacy policy found at https://creativecubes.co/privacy/.
20. Termination of Membership
a. CreativeCubes.Co can terminate any Membership and associated licence as follows:
i. Immediately in person or by written notice (email to suffice), if the relevant Member commits a serious, material or repeated breach of this licence agreement.
ii. ‘For convenience’ by providing the relevant Member with 30 days’ written notice, where that Member’s Membership will expire at the end of the calendar month after the 30 days is complete.
b. This licence agreement and any licences granted in this licence agreement will automatically terminate if a lease relating to a Location terminates for any reason.
21. Member Liability
a. All Members must ensure that its employees, agents, contractors, clients, customers, invitees, and any person the Member allows in the Coworking Space comply with this licence agreement.
b. Each Member indemnifies CreativeCubes.Co and its Representatives, from all direct, reasonable and quantifiable Loss suffered by CreativeCubes.Co or its Representatives (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of the Member or its employees, agents, contractors, clients, customers, invitees, and any person the Member allows in the Coworking Space breaching these Terms & Conditions.
22. Restrictions on Sub-Licensing & Assignments
a. You are not permitted to novate, assign, sublicence, sublease or transfer your rights and obligations under this licence agreement without our prior written consent.
b. We can novate, assign, sub-licence, sublease or otherwise transfer our rights and obligations under this licence agreement to a third party nominated by us. If this occurs, you will release us from those rights and conditions under this licence agreement.
23. Dispute Resolution
a. If a difference or dispute between a Member and CreativeCubes.Co arises in connection with these Terms & Conditions, then either party may give the other a written notice of dispute adequately identifying and providing details of the dispute.
b. Notwithstanding the existence of a dispute both CreativeCubes.Co and the Member will continue to perform their obligations under this licence agreement.
c. Within ten business days after receiving a notice of dispute, the relevant Member must meet with us at least once to resolve the dispute or to attempt to agree on methods of doing so.
d. A party must not commence or maintain an action by way of legal proceedings relating to the dispute until it has been dealt with in accordance with this clause 23.
24. General
a. If any one or more of the provisions (or part thereof) contained in this licence agreement is for any reason, held to be invalid, illegal or unenforceable, this will not affect any other provisions of this licence agreement.
b. This licence agreement is governed by the laws of Victoria, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in Victoria, Australia and the Federal Court of Australia, where applicable.
25. Definitions and Interpretation
In this licence agreement, we use the following definitions:
- AccelerateX Location means a Location associated with the ‘AccelerateX’ brand, including but not limited to CreativeCubes.Co & Workspace by CreativeCubes.Co and Clubhouse.
- Business Lounge means an open plan office area dedicated as a ‘Business Lounge’ at an AccelerateX Location.
- Claims means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
- Start Date means the Start Date listed above, the date that CreativeCubes.Co sends a “welcome” email and first invoice to the Member, whichever is earlier (unless another commencement date is agreed).
- Common Areas means designated parts of a Coworking Space that can be used by multiple Users including kitchens, waiting rooms and reception areas.
- Coworking Space means a co-working space at any Location (and includes car spaces and bike storage if applicable).
- CreativeCubes.Co, us, we, our, means jointly and severally the Licensor.
- CreativeCubes.Co IP means all of CreativeCubes.Co’s intellectual property rights (past, present and future) conferred by law (whether registered or unregistered), the Media Content, business names, trade marks, patents, designs, trade secrets, computer programs, databases, inventions, copyright, circuit layout and moral rights.
- Guest means a person that enters a Coworking Space as an invited guest of a Representative or Member.
- GST means GST within the meaning of the GST Act and GST Act means A New Tax System Goods and Services Tax 1999 (Cth).
- Location means the leased premises in which a Coworking Space is located.
- Loss means loss, damage, liability, charge,
expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs. - Meeting Rooms means designated rooms and areas of a Coworking Space that can be booked and used by Users for meetings.
- Member means a person with a Membership.
- Membership means a membership required for a person to have access to a Coworking Space as a Member.
- Membership Account means each Member’s online membership account located on our Website.
- MicDrop is a full turnkey event solution for businesses and individuals to host or operate events at a Coworking Space.
- Licensor / Home Location means the entities, their successors and permitted assignees, that operate and control each Coworking Space and lease a Location, and their relevant related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth).)
- Representatives means CreativeCubes.Co’s directors, officers, contractors, employees, consultants, partners, advisors or other affiliates.
- Services means our services to provide you with access and use of Coworking Space and ancillary products (such as providing of lockers, Parking Passes and Meeting Rooms).
- Website means www.creativecubes.co.
26. ID Verification
To formalise the service, CreativeCubes.Co requires you to complete a 100-point check – i.e. copy of a current photo identification (passport or driver’s license), and a Medicare or credit card, bank statement or utilities bill, a fully refundable security deposit and a signed copy of the CreativeCubes.Co License Agreement continue to apply. Credit cards and direct debits will be debited in advance on the 1st day of the preceding month automatically.
27. Booking Conditions
A 24-hour cancellation policy is in place for all meeting room, day office, and hot desk bookings. Should clients cancel within less than 24 hours notice (applicable during business hours only) from the time of booking, CreativeCubes.Co reserves the right to charge the full amount of the booking. Booking cancellations must be received in writing and acknowledged by the Happiness Team.
The expectation is that professional business services will be conducted within the CreativeCubes.Co premises.
CreativeCubes.Co has the right to cancel the booking and advise the appropriate authorities if professional business conduct is not observed.
If the client exceeds the booking time, the client will be charged the prevailing hourly rates.
Please kindly remove all your paper/office products, wipe the boards down and leave the office and/or booked facility in its original state otherwise an admin/cleaning fee will be charged. Please note the common areas, business lounge as well as entry to and from the lobby doors are monitored via cameras.
(SSL): When Credit Card details are collected, we simply pass them on to be processed as required. We never permanently store complete Credit Card details. We follow accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
28. Orders
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide proof of identity and contact information (such as name, email, and postal address) and financial information (such as credit card number, expiration date and CCV number). We use this information for billing purposes and to fulfill your orders. If we have trouble processing an order, we will use this information to contact you.
29. Membership Types (Not limited to)
2. Virtual – Business Address Membership
The Virtual – Business Address Membership includes mail handling which will be processed as per your instructions provided to the Happiness Team. Items are to be sent and held at your mailing address home centre (charges may apply).
You will be notified via email when parcels arrive. Collection must be made within 24 hours otherwise parcel storage charges apply.
Forwarded/redirected mail/deliveries incur a handling and stationery charge. Postage fees are at local postage rates. With written authority, mail can also be screened and forwarded via scan/email – charges apply.
The Virtual – Business Address Membership also includes up to a total of 2 days Business Lounge access per calendar month per Membership at your home location. These are non-cumulative or transferable.
Meeting room bookings will be at member rates.
Invitations to member events and access to member specials are included.
3. Virtual – Phone Answering Membership
Virtual – Phone Answering Membership includes a dedicated telephone number, and messages emailed to a maximum of 4 contacts within the client’s organisation.
Additional contacts can be added to your organisation for an additional fee per month.
Changes to your initial phone set up requirements may also incur a fee per amendment. This membership includes up to 100 incoming calls per calendar month, per membership and are non-cumulative or transferrable. Over 100 calls per calendar month per membership may incur additional charges.
Meeting room bookings will be at member rates.
Invitations to member events and access to member specials included. The Virtual – Phone Answering Membership does not include the use of the business address at your nominated location where your phone answering services will take place.
4. Virtual – Gold Membership
In addition to the products, inclusions and services within the Virtual – Business Address Membership and Virtual – Phone Answering Membership, this Virtual – Gold Membership also includes 2 days per calendar month per membership of Hot Desk usage across any of our locations within the network as long as more than 51% of usage is at your home location.
Note that the Business Lounge access and Hot Desk usage included, is limited to 2 days, per calendar month, per Membership. These are non-cumulative or transferable and are to be used at least 51% at your home location.
Meeting room bookings will be at member rates.
Invitations to member events and access to member specials included.
5. Virtual – Platinum Membership
In addition to the products, services and inclusions offered within the Virtual – Gold Membership, the Virtual – Platinum Membership also includes an additional 2 days per calendar month per membership access to a Private Office at your home centre only.
Should there no be availability in your home centre, availability may be offered at a neighbouring location. Bookings are required.
The Business Lounge and Hot Desk access is limited to 2 days, per calendar month, as per the Virtual – Gold Membership. These are non-cumulative or transferable.
Meeting room bookings will be at member rates.
Invitations to member events and access to member specials included.
6. Business Lounge Membership
The Business Lounge Membership includes Business Lounge access within the standard operating hours (Monday to Friday 9am – 5pm), or, the number of days relevant to your Membership per calendar month which are non cumulative. A Day Pass may be purchased at the standard rate should you exceed your allocated days. Days not used are forfeited and usage is subject to availability. It is the client’s responsibility to check in with the Happiness Team upon arrival, and track days used within the Membership. Should the client’s usage extend beyond the membership’s allocated days, the client will be charged the relevant daily rate. Please note business lounge member access is provided during the location’s business hours and on the above terms and may be cancelled by an authorised CreativeCubes.Co staff at any time. Guest passes are available upon request for a daily fee. Should an unauthorised guest access the lounge without observing proper check-in procedures, CreativeCubes.Co reserves the right to charge the non-member the standard daily rate. Invitations to Member events and access to Member specials included.
7. Hot Desk Membership
The Hot Desk Membership includes Business Lounge access within the standard operating hours (Monday to Friday 9am – 5pm), or, the number of days relevant to your Membership per calendar month which are non cumulative. More than 51% of your booked days must be at your home location.
A Hot Desk Day Pass may be purchased at the standard rate should you exceed your allocated days. Days not used are forfeited and usage is subject to availability. It is the client’s responsibility to check in with the Happiness Team upon arrival, and track days used within the Membership. Should the client’s usage extend beyond the membership’s allocated days, the client will be charged the relevant daily rate. Please note Hot Desk member access is provided during the location’s business hours and on the above terms and may be cancelled by an authorised CreativeCubes.Co staff at any time. Guest passes are available upon request for a daily fee. Should an unauthorised guest access the lounge without observing proper check-in procedures, CreativeCubes.Co reserves the right to charge the non-member the standard daily rate. Invitations to Member events and access to Member specials included.
