Workspace Rental Terms and Conditions
1. These Terms and Conditions apply to customers booking office workspaces at Workspace22, 22 Coles Crescent, Units 1 and 2, Mono, Ontario, Canada. Office workspace services refer to a range of services or any one or some combination of services offered by Workspace22 to customers booking office workspaces as set out in the description of the particular space on the website.
2. In these terms and conditions ‘we’, ‘are’ or ‘us’ refers to Workspace22 and ‘you’ refers to customers(s).
3. In order to book a workspace you must register on our website. All bookings are subject to availability and to payment in advance of the booking fee. Completion of registration on our website and payment of the booking fee constitutes an offer to us to secure a workspace and any equipment. We will send formal confirmation of your booking to you by email and only then will any contract between us be formed. Such contract will only apply to those services which we have confirmed in our confirmation email. The booking is confirmed [by email] once payment in full is received. Access will be denied if you have not paid in advance. All payments are to be made by debit or credit card. We do not accept payments in cash or by cheque.
Extending your booking
4. If your meeting is likely to overrun the time booked you can amend your booking online subject to availability. Bookings cannot be extended beyond our normal opening hours of 8:00am to 5:00pm on working days.
5. Agents booking a meeting for a customer must disclose the identity of the customer and confirm that they are duly authorized by the customer to make the booking in the absence of which we will not be obliged to honour the booking.
6. Agents booking on their own account must disclose the identity of the customer, firm or company that the booking corresponds to.
7. In either case, agents will remain liable for the total booking fee in the event that the client declines to pay.
8. If you cancel or fail to use the booking you will remain liable for the total booking fee. Refunds will only be given for cancellation 24 or more hours in advance to the start time of the rental period. Refunds will not be given for a cancellation less than 24 hours in advance or failure to use the booking. However with at least 12 hours’ notice before the start of the rental, we can amend the dates if you need to rearrange so long as the booking duration remains the same and is not split up into multiple bookings.
9. The rental of an office workspace includes the rental of all tables and chairs and equipment within the room as detailed in the room specification on the website.
10. If you plan to use your own computer/laptop during the room hire it must conform with legal requirements and not pose any risk to the property or occupants of Workspace22.
11. Any additional technical equipment you may wish to bring to the office workspace must be agreed with us prior to the event and all such equipment must demonstrate it conforms with legal requirements and does not pose any risk to the property or occupants of Workspace22.
12. You are liable for any damage to or loss of our furniture, the office workspace or equipment (whether yours or ours). In the event of any damage or loss to our furniture, the office workspace or our equipment we will send you an invoice for the cost of repair and/or replacement which must be paid within seven days.
13. You must not disconnect, change or tamper with any cabling or connections in the office workspace. In the event of any technical issues our staff will endeavour to rectify the same for you.
14. You must not move furniture from the office workspace to any other part of our premises without our consent.
15. We do not hold adaptors or chargers and so please bring your own should they be required.
16. You are entitled to the use of free internet access subject to you complying at all times with the relevant provisions of Canada’s internet laws and regulations when using the free internet connection.
17. Workspace22 provides internet access through its third-party service provider. Additionally, Workspace22’s third-party service provider also supplies WiFi and service desk support. To provide these services, Workspace22 needs to share information including your personal data such as name, email address and contact numbers with the third-party service provider. You acknowledge and consent to Workspace22 sharing your personal data with the third-party service provider of internet access and service desk support solely for the provision of these services to you.
18. In the event that Workspace22 experiences any issues with the provision of internet service (whether temporary suspension or otherwise) Workspace22 will not accept any liability or be held responsible for any loss or damage whatsoever which may be occasioned to a customer as a result of the occurrence of such issues. This limitation and exclusion of liability and responsibility shall apply however such loss or damage may arise whether directly or indirectly and you waive any right to make any claim whatsoever against Workspace22 or any of Workspace22 companies arising out of or in connection with any such loss or damage.
19. These terms and conditions (“Agreement”) are the legal terms and conditions on which Provider (“Provider”) provides IT services as defined further below (the “Services”) to you (the “Client”). This Agreement governs your use of the Services and will apply to any provision of any Services by Provider to you.
20. Unlimited dedicated telephone and remote work support for customers relating to access and connectivity requirements.
21. Client acknowledges and agrees:
that the Client shall pay no fee in respect of the Services provided by Provider; and that the essential purpose of this Agreement is to limit the liability of Provider in respect of the provision of Services, and that the charging of fees would be required if Provider were to assume any further liability other than as set forth herein.
22. Nothing in this Agreement shall limit or exclude Provider’s liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by the Sale of Goods Act R.S.O. 1990; defective products under the Consumer Protection Act S.O. 2002; or any matter in respect of which it would be unlawful for Provider to exclude or restrict liability.
23. Subject to Clause 22:
Provider shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or revenue, loss or inaccuracy of data, equipment downtime, business interruption or any indirect, incidental, punitive, exemplary, special or consequential loss or damages however arising under or in connection with this Agreement or the Services; and Provider’s total liability to the Client in respect of all other losses arising under or in connection with this Agreement and the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed $1.
THE SERVICES ARE BEING PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY AND NON INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Restrictions on use
24. You are responsible for ensuring your own behaviour and that of others attending your meeting is at all times appropriate and in accordance with our principles and values. We reserve the right to cancel any bookings for meetings that we in our sole discretion deem inappropriate.
25. You must declare when booking the room the purpose of the room hire and the office workspace and equipment must be used for that purpose only.
26. You must not use the rooms or equipment in any way which results in annoyance or disturbance to us or any of our employees Club Workspace members or visitors or which may bring our name into disrepute.
27. Any equipment or IT services provided by us are subject to the terms and conditions set out under the technical support provisions of the general terms and conditions.
28. Persons attending our premises to use office workspaces and/or equipment must keep their personal belongings with them at all times and we accept no liability for damage to or loss of personal belongings. We do not accept any liability for any loss (including without limitation theft) of any property from our premises save for any damage caused by our negligence in which circumstances our liability shall be limited to the amount of our insurance for such losses.
29. We will not be liable to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or good will) or any other loss or damage which does not result directly from our actions or omissions or the actions or omissions of our employees, contractors or agents is consequential or is not reasonably foreseeable to both you and us when the contract between us was formed.
30. Nothing in these terms and conditions excludes our liability to you for personal injury or death caused by our negligence.
31. You must leave the office workspace clean, tidy and arranged as you found it. Any failure to comply will result in us issuing an invoice to you for cleaning charges.
32. Neither of us shall be liable or responsible to the other for any failure to perform or delay the performance of any obligations under these terms and conditions that is as a result of force majeure. Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the party claiming force majeure including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labour strikes and other similar events that are beyond our reasonable anticipation and control despite such parties’ reasonable efforts to prevent, avoid, delay or mitigate the effect of such acts, events or occurrences and which events or the effects thereof are not attributable to a party’s failure to perform its obligations under this agreement.
33. As per the Occupational Health and Safety Act, an employer will assess the risks to health and safety of its workers. You will accordingly be required to carry out a risk assessment for your booking.
34. You must make yourself aware of our risk assessment and fire safety procedures and how your activity impacts on it and how our risk assessment impacts upon your activity.
Other terms and conditions
The subletting of office workspaces or equipment or facilities is not permitted. Any complaint about any services provided for a meeting or about the office workspace or any equipment provided must be notified in writing to us within fourteen days of your meeting. Smoking is not permitted in any of our premises. Permission to film or video events must be obtained in advance from us. Food and drink must not be brought onto our premises for resale on the premises. You are permitted to serve and consume alcohol provided you have our prior written consent and you have notified us when booking the office workspace.
Data Protection and Privacy
35. Workspace22 undertakes that, in performing its obligations, it shall comply with the provisions of all applicable laws relating to the processing of Personal Data and, it shall only process personal data in accordance with, and as anticipated in, this Agreement.
36. Workspace22 collects and processes customers’ personal data to tailor our range of Services to meet the needs of individual customers and to undertake administrative activities in relation to the Services. We will share relevant personal data with the Workspace third-party service provider of internet access and service desk support to facilitate your use of our Services. We will only use your personal information for marketing if you have provided us with specific consent by opt-in to receive marketing from us or from our preferred third-party suppliers.
Changes to these terms and conditions
38. We reserve the right to change these terms and conditions from time to time. Where possible we will give you reasonable notice of changes and the date they take effect.
39. Contracts for the booking of office workspaces and/or equipment will be governed by the laws of Canada and Ontario. Any dispute arising from or relating to such contract shall be subject to the exclusive jurisdiction of the courts.