The following paragraphs outline the terms and conditions (Terms) on which Blocksidge & Ferguson Pty Ltd trading as Block Work of Suite 1, 5 Lamington Street, New Farm QLD 4005 (we, our, us) grants Membership to the Member (you, your).
1. Definitions In these Terms, the following definitions apply:
Business Hours are generally from 9:00 a.m. to 5:00 p.m. on Regular Business Days in Brisbane, Queensland, Australia.
Confidential Information means any information that would reasonably be deemed confidential, including information relating to either party’s business, employees, clients, products and business processes.
Deposit means the deposit equal to $100.00, payable to us prior to commencing your Membership when you are approved to bring a dog to the Space with you.
Email us/Emailing us means sending an email to [email protected]
Fees means the fees as set out on the Website as applicable to your Membership, as may be varied by us from time to time in accordance with clause 5.5, plus any one-off charges accrued by you from time to time, such as printing and meeting room charges.
Key Deposit means the key deposit equal to $100.00, payable to us when booking the Meeting Room outside of Business Hours on Regular Business Days. This is refundable on return of the keys.
Member means a person granted Membership by us.
Membership means the access we grant to Members to utilise our Space and Services, as determined by the membership type selected by you.
Notice means the period of notice required to terminate the membership.
Our Property means any furniture, equipment, documents or other property in the Space that is owned or controlled by us or our service providers.
Policies mean any of our codes of conduct, policies and procedures accessible on the Portal or otherwise made available to you, as added or amended by us from time to time.
Regular Business Days are all weekdays, except local, state and/or federal government holidays, any applicable public holidays to the Space’s location, and any other days of which we will inform you.
Services means the services included in your Membership as identified on the Website, as updated and amended by us from time to time.
Space means the buildings and facilities where Our Property is located at the addresses listed on the Website.
Your Property means any equipment, documents, property or possessions that you bring into the Space.
Website means our website located at either www.blockwork.net.au, or www.blockcowork.com.au, or www.block-work.com.au
2. The Membership
2.1. These Terms need to be agreed to by you before you can commence your Membership. If there is anything that you do not agree with or do not understand in these Terms please do not accept them and email us so we can try to address your concerns.
2.2. In consideration for you paying us the Fees, we will endeavour to provide the Services to the best of our ability, and in accordance with any of our Policies. We value your feedback, and if we are not meeting your expectations please let us know so that we can try to find a way of addressing this.
2.3. Your Membership is personal to you and unless approved in writing by us, you may not transfer your Membership to anyone else.
2.4. You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies.
2.5. You acknowledge and agree that:
a) Membership is subject to availability;
b) your Membership is a license to use the Space, it does not give you an exclusive right to any part of the Space and no relationship of landlord and tenant is created between us and you by these Terms;
c) we retain control, possession and management of the Space and you have no right to exclude us from your desk;
d) you are responsible for ensuring that the Space meets the needs of your business or enterprise. We make no warranties or representations that the Space is suitable for the purpose you intend to use it for;
e) we will be entitled, at any time on giving reasonable notice, to require you to transfer to a comparable desk elsewhere within the Space and you will comply with such requirement; and
f) you may not approach any of our staff, or entertain any approach from our staff, to enter into an employment arrangement (directly or indirectly) during the term of your Membership or for a period of 6 months after its cancellation, without our express written permission;
g) all desk reservations, whether for Hot Desks or Dedicated Desks, are subject to desk availability.
2.6. We are not responsible for any property you leave behind in the Space. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. Prior to the termination or expiration of your Membership, you must remove all of your property from the Space. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in the Space, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.
2.7. Access hours are dependent on your Membership:
a) Dedicated Desk members can access the Space 24 hours a day, 7 days a week.
b) Hot Desk members can access desks during Business Hours and Regular Business Days.
3. The Space
3.1. The Space is a shared office and we ask that you consider other Members and use the Space in a respectful way. Offensive language, threatening behaviour, abuse of our staff or other Members, and damage to Our Property, or the property of another Member, will not be tolerated. We reserve the right to remove offenders from the Space, and suspend or cancel their Membership.
3.2. Members working in the Space must respect the right of others to have “quiet enjoyment” of the Space and keep loud conversations and telephone conversations to a low level, and only listen to personal music via headphones. Private enclosed spaces are provided for personal telephone conversations and Members are encouraged to use these areas. If Members intend to use these areas for 30 minutes or more in one continuous period they will need to book them. Excessive noise that disturbs other Members will not be tolerated.
3.3. The Space is a collaborative workspace, and you may find that you are working in close proximity to individuals or organisations that compete with your business. It is your responsibility to ensure that any obligations you may have regarding proximity and/or confidentiality with respect to such competing organisations and other Members generally are adhered to.
3.4. You acknowledge that due to the shared nature of the Space, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other Members in such circumstances.
3.5. We ensure that Our Property is maintained in a good condition and complies with any applicable legal or other regulatory requirements. It is your responsibility to ensure that Your Property is fit for purpose and is used in a safe manner, and complies with any safety or certification requirements.
3.6. You acknowledge that you will be liable for, and agree to make good or indemnify us (at our option) for any damage caused to the Space or Our Property, or for any claim brought against us, caused or contributed to by:
- malfunctioning or incorrectly used equipment brought into the Space by you, your employees or your visitors. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Australia; or
- any of your acts or omissions, or those of your employees or visitors.
3.7. We take all reasonable measures to ensure the Space is a safe and healthy working environment. You are responsible for your own safety (and that of your visitors) whilst in the Space. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable amount of care.
3.8. You must:
- not use the Space for any illegal or noxious purpose;
- not deface any walls or other surfaces in the Space;
- not smoke anywhere in the Space;
- not bring any explosive or flammable or corrosive fluids or chemicals into the Space; and
- only use the Space for office purposes unless you have obtained prior written consent from us.
3.9. Unless approved by us in writing, you may not alter the Space, bring any additional furniture or appliances into the Space or affix any wall hangings or fixtures to the Space walls or windows.
3.10. Where applicable, each Member is issued with an access pass/key to access the Space. These access passes/keys are not, under any circumstance, to be copied by any Member. Access passes/keys are not transferable and must be returned to us at the end of your Membership. You must not lend your access pass/key to any other person, and you must take sufficient care in ensuring the security of your access pass/key. You must notify us immediately if it is lost or stolen. In the event that your access pass/key is lost, we will issue you with a replacement at your expense.
4. Making Changes, Cancelling or Renewing
4.1. We may amend these Terms at any time by providing you with 1 months’ written notice of the changes. If you are unhappy with any proposed changes to these Terms please contact us and we will reasonably endeavour to address your concerns.
4.2. You may change your personal and billing information by emailing us. Any changes you make will come into effect within 72 hours and any subsequent invoices will reflect the updated billing information.
4.3. You may request to cancel your Membership by emailing us. Such cancellation will take effect on the last day of the month after the month we receive your cancellation request (for example, if you provide notice to us on 30 June, your membership will end on 31 July. Or, if you provide notice on 8 July, your License will end on 30 August).
4.4. We reserve the right to cancel your Membership at any time for any reason by providing you with written notice. Such cancellation will take effect on the last day of the month after we notify you of our intention to cancel your Membership.
4.5. We may cancel your Membership with immediate effect if you:
- breach your obligations in clause 2.5(e);
- breach your obligations in clause 3.1;
- breach any of your other obligations in these Terms and, if such breach is capable of remedy, you do not remedy your breach within 7 days of being notified by us;
- fail to pay the Fees, and such failure is not remedied within 7 days of being notified by us; or
- fail to comply with our Policies, provided that we have given you written notice of such failure and our required remedy, and a reasonable time to rectify the failure and implement the required remedy.
4.6. Cancellation of your Membership under clauses 4.3, 4.4 or 4.5 will not entitle you to a refund for any portion of the Fees, and you will remain liable for any amounts which have become due but remain unpaid.
4.7. If your Membership has not been cancelled in accordance with clauses 4.3, 4.4 or 4.5, your Membership will automatically be renewed for the next month.
4.8. Where applicable, we will refund to you the Deposit within 7 days of termination of your Membership for any reason. We reserve the right to deduct from the Deposit any amounts owed to use by you, including but not limited to cleaning fees and any outstanding Fees.
4.9. Cancellations for the meeting room are fully refundable up to 72 hours prior to the booking date. Cancellations made after this time forfeit a 50% booking fee.
5. Membership Fees
5.1. We will provide you with the Services in consideration for you paying the Fees, including any one-off charges accrued by you, in the manner identified in clause 5.2 and 5.3 below.
5.2. Unless otherwise agreed between us, we only accept payment of the Fees by EFT from a bank account, or BPAY, or by a debit card or credit card nominated by you (Visa, MasterCard or AMEX). At present, we use a third party provider (MYOB) to facilitate these payment options and they do not currently charge customers a transaction fee. If this changes we will notify you in writing 1 month prior to these fees taking effect. Should you choose to pay us via EFT from your bank account, you must also provide us with a valid credit card and authorise us to debit any amounts payable in accordance with these Terms from this credit card in the event that your EFT payment fails for any reason.
5.3. Fees will be billed monthly in advance until your Membership ends in accordance with clause 4. One-off charges accrued by you will be billed weekly in arrears. You will have seven (7) days to pay your bill before your Fees and/or One-off charges become overdue.
5.4. It is your responsibility to ensure that your payment details are kept up to date and that there are sufficient funds in your nominated account to enable the successful debit of the Fees each month. If the transaction is rejected for any reason you will be liable for any reasonable costs incurred by us in recovering the debt, including but not limited to any legal, bank or collection agency fees.
5.5. The Fees are subject to review and may be increased at our discretion. You will be notified in writing 3 months’ prior to any increase in the Fees taking effect.
5.6. Unless you are notified otherwise, the Fees and any other prices referenced on our Website or otherwise communicated to you are quoted exclusive of GST.
5.7. On termination or cancellation of your Membership you must make good, and will be liable for all associated costs of making good, any damage caused by you to the Space or Our Property which requires repairs. Any repairs must be arranged in consultation with us, and performed by contractors approved by us.
5.8. It is your responsibility to ensure that you return your access pass/key, locker keys and any other items of Our Property on termination or cancellation of your Membership. If you lose such items or fail to return them on cancellation, you will be required to reimburse us for any reasonable costs incurred. These costs will be debited from the account nominated by you under clause 5.2.
5.9. Prior to your Membership commencing, unless otherwise agreed between us in writing, we will deduct the applicable Deposit from the account or card nominated by you under clause 5.2.
6. Meeting Room
6.1. The meeting room in the Space is available for both Members and external parties to book based on availability. A credit card must be left on file for all meeting room bookings and the room must be returned to the original condition it was in prior to the booking. Any damage to the fixtures and fittings, walls, doors or AV system will be charged back to the client. Please note that we do not allow paper or other items to be stuck on the walls in the meeting rooms.
6.2. The meeting room must be booked by emailing us or such other booking tool made available to you by us. We reserve the right to vary your booking or amend or suspend access to the meeting room as may be reasonably necessary from time to time.
6.3. Dedicated Desk Memberships entitle you to a discount for meeting room bookings. Meeting room discounts are not transferable and are subject to change.
6.4. Any fees associated with your meeting room bookings will be debited from the account or card nominated by you under clause 5.2. The meeting room is charged for the time booked. Where you stay longer than your allotted time slots, it will be up to the discretion of us to charge you for your extra time and for any extra hours incurred by our staff.
6.5. If you book the meeting room to use outside of Business Hours on Regular Business Days you may incur an extra hourly charge. You will also be required to pay a key deposit for the access keys we will provide you. This will be confirmed upon your booking the meeting room.
7. Fair Use of the Space
7.1. We can only provide the Services for the Fees quoted if Members use the Space fairly. We believe that using the Space fairly means that you:
- only use the Space for the number of days per month and during the times allocated to your Membership;
- limit printing to a reasonable amount, in accordance with any policies introduced from time to time by us and communicated to you;
- must not use the internet access for excessive downloads, streaming purposes or for any illegal purpose;
- familiarise yourself with and observe any policies introduced from time to time by us and communicated to you.
7.2. If your employees, friends or visitors who are not Members (non-members) would like to work in the Space for all or part of the day, they are welcome to purchase a day pass, or discuss membership options by contacting our staff. Non-members are only permitted to visit the Space for one hour or less during opening hours (9am – 5pm Monday to Friday, excluding public holidays) and this is at the discretion of our staff. All non-members must sign in with our staff prior to entering the Space. For security reasons, we reserve the right to refuse entry to any non-member that does not sign in.
7.3. If your Membership allows you 24/7 access this does not allow you to sleep in the Space.
7.4. Printing is included in each Membership on a reasonable and fair use basis. It is subject to you providing your own paper. If we feel that you have not used the printer fairly we will ask you to discontinue use for a time specified by us and may charge you a fee.
7.5. As a shared workspace we cannot accommodate signage for Members. You may submit a request for signage to us but approval will be at our discretion.
7.6. Common spaces are for temporary use and not as a place for continuous work.
7.7. Continued abuse of the fair use requirements in this clause 7 may result in the cancellation of your Membership.
8. Security and Confidential Information
8.1. Any Confidential Information you give us, or we give you, remains confidential. We have adequate policies and procedures in place to protect Confidential Information you disclose to us and you agree to take reasonable care to protect any Confidential Information we may disclose to you and not disclose it to any third party.
8.2. The Space is a collaborative workspace, and you may find that you are working in close proximity to individuals or organisations that compete with your business. It is your responsibility to adequately protect your Confidential Information, and to ensure that you comply with any obligations of confidence you owe to any third party. We will not be liable for any unauthorised disclosure of your Confidential Information, unless such disclosure occurs as a result of a breach of our confidentiality obligations to you.
8.3. We make no representations about the security of our internet connections, and you must take reasonable security measures (i.e. encryption) as are necessary for your business or enterprise.
8.4. An access pass/key is needed by all Members to access the Space and will be issued with your eligible Membership. To ensure security in the Space you must not lend your access pass/key to any other person, and must notify us immediately if it is lost or stolen.
8.5. An access pass/key is needed to access the Space outside of Business Hours on Regular Business Days. Members who are eligible for 24/7 access will be issued with an access pass/key upon commencement of their eligible Membership term. To ensure security in the Space you must not lend your access pass/key to any other person, and must notify us immediately if it is lost or stolen.
8.6. You may be required to present a valid, government-issued photo identification in order to gain access to our Space. For security purposes, we may regularly record via video certain areas of our Space. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your guests or agents about this policy.
9. Liability and Insurance
9.1. We maintain a public liability insurance policy that covers the Space and we carry our own contents insurance. Our contents insurance does not extend to Your Property or the property of your employees or visitors. You should make your own insurance arrangements to ensure that Your Property and any other liabilities are covered, including public liability and any State workers compensation insurance requirements.
9.2. We do not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in the Space.
9.3. Our liability to you for breach of these Terms will be capped at an amount equal to the Fees paid or payable 1 month prior to the claim arising. We will not be liable for any indirect or consequential loss, including, but not limited to, any loss of actual or anticipated business, income or loss of opportunity.
9.4. You will indemnify us for any loss incurred by us or any claim brought against us resulting from a breach by you of these Terms or any action of your employees or visitors you bring into the Space.
9.5. We are not liable for actions of other individuals. We do not control and are not responsible for the actions of other individuals using the Services in our Space. You should be aware that other users or members may not be who they claim to be. We do not perform background checks on our users or members nor do we guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.
9.6. From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against Block Work, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
9.7. To the extent permitted by law, the aggregate monetary liability of any of the Block Work to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under these Terms for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. Block Work will not be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree that you may not commence any action or proceeding against Block Work, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
9.8. Nothing in these Terms will exclude or limit any rights or remedies you may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010.
10. Things Out of Our Control
Sometimes events happen that are out of our control. These include things like strikes, lockouts, accidents, war, flood, fire, or the delay or failure in manufacture, production, or supply by third parties of equipment or services. Such events may prevent us from providing you with access to the Space, providing the Services in whole or in part, or may prevent you from performing your obligations under these Terms. In such cases both parties agree that the other party will not be liable for any delay or failure in performing their obligations. Either party may cancel the Membership if the delay or failure continues for a period of 30 days or more.
11. Third Party Products or Services
We do not have liability for third party products or services. The Services may provide you with access to third party products or services. The Services may also provide you with access to advertisements from our other third party business partners. We are not responsible for the content of these advertisements or any links, products, services or other materials relating to any third party products, services, advertisements or other materials. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use of, or reliance on, any advertisement on the Services or any products, services or other materials relating to any advertisement. You agree that our making available access to or discounts for these third party services does not constitute provision of such third party services by us, and you will look solely to the applicable third party for provision of the applicable third party services and for compensation for any claims, damages, liabilities or losses you may incur in connection with such third party services.
13. Dog Membership
13.1. Dog memberships are solely at the discretion of management. Any member bringing a dog into the Space without prior consent will be asked to remove the animal immediately.
13.2. As the owner of a dog member at Block Work, you agree that:
- You will bring your dog on a lead. While in the Space your dog will remain on their lead and you will secure the lead to your desk.
- You will provide a copy of your dog’s up-to-date vaccination records.
- Your dog is capable of being a good colleague and that they are well socialised and will be clean and calm at work.
- Your dog is toilet trained and you agree to take them outside at regular intervals to avoid accidents. In the event of an accident, you are responsible for cleaning the affected areas to an acceptable standard as determined by Block Work staff. If you fail to clean you may be charged a fee. Ongoing accidents will result in your dog being banned.
- If any dog growls, nips, bites or lunges at any other dog or human member they will be asked to go home and will not be allowed back without our consent.
- Excessive barking or disturbances and/or aggressive dogs will not be tolerated. Block Work reserves the right to ban any dog that demonstrates anti-social behaviour.
- You will control your dog while he/she is in the Space and ensure that they do not interact with another dog unless the other owner OKs it.
- You will ensure that all human members are comfortable with your dog working in the Space, and that you will work to rectify any situations where another member says they are not comfortable. For example, if another Member says your dog has an offending odour it is up to you to rectify this. If you cannot rectify the situation your dog membership will be cancelled.
- Your dog will not damage, deface or negatively impact on the Space, Our Property or other members’ property while he/she is in the Space. If your dog does any of the above, you will compensate us or the other member for the damage done.
- The common areas are off limits to dogs (e.g. the kitchen, bathrooms, and meeting room). Under no circumstances should crockery from the kitchens be used for your dog.