Workplace Terms and Conditions
for co-working facilities and associated services
Overview
At HQ we offer co-working and office facilities, along with associated services to Members (defined below). These services include, temporary office space, the hire of meeting rooms, hot desk hire in our coworking space, and virtual address mailbox services.
The different membership categories, the benefits included in each, and the associated rates are set out on our website, or can be given by enquiring at HQ.
As an alternative to membership, access to the coworking space can be purchased on a daily ‘pay as you go’ basis.
1. Definitions
- “Company” means Canolfan Limited – Company No: 05557933 (“Proprietor”), whose registered address is The Engine Room @HQ, Llys Glas, Alexandra Road, Swansea SA1 5AJ.
- “HQ” / “the building” is defined as the land and buildings located at Llys Glas, Alexandra Road, Swansea SA1 5AJ as defined in the lease between Canolfan Ltd. and Pobl Homes and Communities Ltd.
- “Contract” means the contract between you and us for workspace services, incorporating these Terms and Conditions.
- “Hire” or “hire” means the use of one or more rooms in the building for a limited time period – it does not convey any rights on use of the building to the hirer nor does it convey any Membership rights on the hirer.
- “House Rules” means the Company’s house rules with which a Member and their guests are to comply whilst at HQ to safeguard the use and enjoyment of HQ by its Members and their guests.
- “Member” means a Member of HQ. The term Member is used for convenience to describe a category of access to and engagement with the HQ building, it shall not convey any formal meaning of the term ‘Member’ in Company Law and/or the Memorandum and Articles of Association of Canolfan Ltd. HQ Members are not defined as Members of Canolfan Ltd. – they shall not have any voting rights or speaking rights or the right to attend any corporate meeting of Canolfan Ltd. The term “Membership” shall be construed accordingly.
- “Membership Application Form/Membership Nomination Form” means the forms used to apply or nominate an individual to join HQ.
- “Membership Benefits” means the Membership benefits which apply to a Member in relation to their Membership Category, as set out in the Overview section of the Document.
- “Membership Category” means the category of Membership a Member holds (see Overview for details).
- “Membership Fees” means the Membership Fees payable by a Member for their Membership with such Membership Fees reflecting the Membership Category of the Member, as communicated by us from time to time.
- “Non-Profit Worker” means an individual who works for a not-for-profit, works in the public sector, works for a Community Interest Company (CIC), or works for a social enterprise which pays in line with the public sector.
- “Services” means the workspace services and all ancillary office services, made available to Members, as varied from time to time, including but not limited to temporary office hire, meeting room hire, virtual address and mailbox services.
- “Terms and Conditions” means these terms and conditions for co-working facilities and associated services.
- “Virtual Member” a Membership Category where the Member only receives virtual address and mailbox services, and does not use the physical workspace facilities.
2. Membership
2.1. HQ has several Membership Categories with varying Membership Fees and Membership Benefits.
2.2. HQ Membership is open to anyone aged 18 or over who is able to demonstrate an active interest and engagement in our work.
2.3. Resident Memberships are a separate Membership Category to those described herein and are governed by separate licenses issued for use of office spaces. Such licences shall supersede these Terms and Conditions. For all other matters not addressed under such licences, these Terms and Conditions shall apply.
2.4. Resident Membership may be held corporately but all other forms of Membership are per individual.
2.5. Membership is non-transferable.
2.6. You may purchase additional Services outside of the scope of your Membership, and as offered by the Company from time to time.
3. Admission
3.1. The Company has the right to determine the maximum number of Members at any point in time.
3.2. The café and courtyard areas are open to anyone during stated opening times whether or not they are a Member. Access to the rest of the building is restricted at all times to staff and Members. On occasions when a Member has booked a meeting room, they can bring as many people as their booking allows. With the exception of the café/courtyard area, guests of Members are not permitted to be in HQ without the Member present.
3.3. Any of the following persons may apply or be nominated for Membership: (i) individuals who are 18 years of age or older or (ii) a corporate body or partner.
3.4. All applications for Membership shall be submitted using the Membership Application Form.
3.5. The Directors of Canolfan Ltd shall be responsible for considering and approving any application or nomination for Membership. Their decisions regarding applications or nominations for Membership shall be final – there is no right of appeal.
3.6. The Company requires that each Membership Application Form submitted shall provide full and honest disclosure about the person applying or nominated for Membership. Where the Company subsequently determines any application or nomination for Membership has been approved due to misrepresentation and/or the withholding of pertinent information, we may, upon written notice to the relevant Member: (i) decide not to approve their registration as a Member or (ii) revoke their Membership, as appropriate.
3.7. The Company’s Directors shall notify successful applicants or nominees in writing that their application for Membership has been successful and invite them to register as a Member.
3.8. The Company shall not be required to give any reasons to an applicant in the event of their application for Membership being unsuccessful.
3.9. Details of opening times and holiday closures shall be available on the website and at HQ, as amended by the Company from time to time.
4. Membership terms and conditions
4.1. All admissions to the Membership are subject to a Member confirming their acceptance and continued compliance with these Terms and Conditions.
4.2. Whilst at HQ, a Member shall be required to comply with the House Rules at all times. This includes conduct inside or outside premises, which, in the opinion of the HQ team, might be detrimental to the character or interests of the Company or render them unfit to associate with Members.
4.3. Without affecting obligations under the House Rules, the following behaviours or offences will lead to expulsion of a Member from the Company’s premises and may lead to suspension or termination of membership: violent, abusive or intimidating conduct; discrimination, harassment or bullying on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability towards a Member, guest or HQ staff; rudeness or bad language towards a Member, guest or HQ staff; any action likely to prejudice the venue’s premises licence; serious insubordination under the influence of alcohol; deliberate or reckless damage to HQ or Member property; using or possessing illegal drugs; or any action, within or outside HQ, likely to cause an unreasonable disturbance to residents in neighbouring properties.
4.4. You agree that you will comply with all applicable laws, rules and regulations, and that you will not communicate with any Member, guest or HQ staff:
4.4.1. for any unlawful purpose;
4.4.2. to impersonate (or attempt to impersonate) any person or entity, whether actual or fictitious, including any employee or representative of the Company;
4.4.3. to transmit (a) any content or information that is unlawful, fraudulent, libellous, defamatory, or otherwise objectionable, or infringes the Company’s or any third party’s intellectual property or other rights; (b) any non-public information about companies or individuals without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
4.4.4. to transmit, or provide links to, any material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age or anyone over 18 who would be reasonably defined as a vulnerable person, or contains any personal contact information or other personal information identifying any third party;
4.4.5. to transmit, or provide links to, any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race,
ethnicity, sexual orientation, gender, age, or disability;
4.4.6. to harvest or collect information about HQ users.
4.5. The Company emphasises that each Membership Category may be subject to additional or special terms beyond the provisions of these Terms and Conditions. The Company will notify the Member of the Membership Category Terms which apply to their Membership Category as part of the Membership application or nomination process.
4.6. You accept and agree that as a Member, you shall not be entitled to the discounts that we offer to non-Members in our café from time to time, such as student discount or emergency services discount. Membership benefits are made available to members, to the exclusion of entitlement to any benefits offered to non-Members.
5. Membership terms and conditions
5.1. The Company shall determine the Membership Fees periodically at its sole discretion. Members will be notified of any increase to the Membership Fees before renewal of their Membership under clause 7.
5.2. All Membership Fees are to be paid in advance as indicated in the Membership Category Terms applicable to the Member – all fees are payable upon demand unless we have explicitly agreed otherwise in advance and in writing.
5.3. A Member acknowledges that their Membership shall only be confirmed by the Company on receipt of the portion of Membership Fees payable in advance upon becoming a Member (as indicated in the Membership Category Terms applicable to the Member).
5.4. A Member’s continued Membership is subject to payment of their Membership Fees in full and on time.
5.5. A Member may pay their Membership Fees to the Company by direct debit or via the point of sale in the café. The Company does not accept payment of Membership Fees in cash or in-kind.
6. Membership cards
6.1. Upon admission to HQ, Members will be provided with a Membership Card. This is not applicable to Virtual Members or Day Pass holders. Membership Cards remain the property of the Company.
6.2. If a Member loses their membership card, the Member should contact the Company (via the website) for a replacement. A replacement card will then be issued. If a Member loses their card more than once, any subsequent replacement Membership cards will be subject to payment of an administration fee.
6.3. Membership is not transferrable or assignable, unless the Company agrees otherwise in writing in advance. A Member providing their Membership card to non-Members to gain access to HQ may have their Membership terminated immediately and in such cases there will be no refund of any fees paid in advance.
6.4. Upon termination or expiry of their Membership, a Member must return their Membership card to the Company (it must be handed to a staff member who will provide a written receipt).
7. Membership term, renewal and cancellation
7.1. A regular Member’s initial Membership term shall run from the date the Company approves their registration as a Member (“Membership Registration Date”) for the duration specified in that member category. On the Membership Registration Date, the Contract is created.
7.2. Memberships must be manually renewed by Members upon expiry – there is no automatic renewal of membership.
7.3. Apart from Resident Members and Day Pass holders, Members must give one month notice of cancellation – there will be no refund of fees relating to the notice period. Any fees beyond that point will be refunded in full, less any amounts that may be owing to the Company.
7.4. Monthly Memberships run by calendar month. If a membership is purchased part way through the month, it is not possible to make pro rata adjustments to the price, and unused time cannot be carried forwards into the next month.
7.5. Day Passes last from the time of purchase to 5pm on the day on which the pass was purchased – a Day Pass is payable in full no matter what time during the day it is purchased. Day Passes can only be purchased on the day to which the pass relates. Day Passes cannot have any unused time carried forwards.
7.6. Notwithstanding a Member’s wish to renew their Membership, the Company may in its sole discretion decide:
7.6.1. not to renew any Membership, irrespective of whether the relevant Member is in breach of these Terms and Conditions or not; or
7.6.2. to propose a change in the Membership Category of the Member.
9. Expulsion or suspension
9.1. If a Member is in arrears on their Membership Fees, we will provide a reminder but we may refuse access to HQ until payment is made in full. We may terminate Membership for repeated late payment of fees.
9.2. Where a Member is in breach of these Terms and Conditions, we may expel or suspend a Member from the Membership, provided that the Member has been given the opportunity to put their case to us in writing or at a face-to-face meeting (such format being at our discretion).
10. Membership category change
10.1. A Member by written notice to the Company may request a change in their Membership Category. The Company shall at its sole discretion decide whether to approve or decline the request.
10.2. If a Member downgrades their Membership, than the prior Membership Category is still payable in full for the remainder of the term unless we agree otherwise in advance and in writing. Where a Member upgrades their Membership Category and this is done during their existing Membership term, the Membership Fees for the prior Membership Category shall apply up to and including the day prior to the date of Category change, and the new Category fees will be payable from the first day of the new Membership Category for the full period stated against that Membership Category. Any unused balance from the prior Membership Category will first be offset against any amount that may be owing by the Member to us, with any remaining balance applied as a discount against the new Membership Category fee.
11. Management
11.1. The Company retains control and responsibility for the conduct and operation of HQ and shall make all decisions related to the venue and its operations.
11.2. The Company at its discretion may delegate such responsibilities and powers to staff members or committees as it deems appropriate.
12. Liability
12.1. Nothing in these Terms and Condition limits or excludes the Company’s liability for death or personal injury caused by our negligence or any other liability that cannot be limited or excluded by applicable law.
12.2. Subject to clause 12.1, we are not responsible for any loss or damage that is not foreseeable.
12.3. Except as set out above in this clause 12, the Company’s liability to a Member arising or in connection to a Membership or use of the Services, in contract, tort or otherwise shall not exceed the sum of the annual Membership Fees paid by the Member.
12.4. All users of HQ, whether Members or not, are responsible for their personal property and belongings. The Company shall not be responsible for any loss or damage howsoever caused to a Member’s (or their guests’) personal property or belongings whilst at HQ. This includes bicycles, scooters left in the courtyard or anywhere else in the proximity of HQ.
12.5. We are not liable for business losses and in delivering the Services, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.6. You shall be responsible for any damage to HQ or its contents, that is caused by you or your guests.
13. Variation
14. Disputes
15. Data privacy
15.1. The Company shall handle personal information provided by a Member or prospective Member in accordance with our privacy policy, which is posted on our website.
15.2. CCTV operates throughout HQ. Signage is present to make people aware of this. Under GDPR rules you are not permitted to view our CCTV footage. Neither Members nor guests may object to, obscure, or require us to turn off any of our CCTV.
16. Force majeure
17. Transfer of rights
18. Third party rights
19. Entire agreement
20. Severance
21. Notices
21.1. Any notice given to a party under or in connection with these Terms and Conditions shall be in writing and shall be:
21.1.1. delivered by hand or by pre-paid first-class post or other next working day delivery service to the Company at the address stated above or to the Member at the address stated in their Membership Application Form (as may be updated on notice to the Company from time to time); or
21.1.2. sent by email to the Company at the email address that is posted on our website contact page, or to the Member to the email address specified in their Membership Application Form (as may be updated on notice to the Company from time to time).
21.2. Any notice shall be deemed to have been received:
21.2.1. if delivered by hand, on signature of a delivery receipt;
21.2.2. if sent by pre-paid first-class post or other next working day delivery service, at the time recorded by the delivery service; and
21.2.3. if sent by email, at the time of transmission.
21.3. This clause 21 does not apply to the service of any proceedings or other documents in any legal action or any method of dispute resolution.
22. Governing law
22.1. These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
22.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) relating to these Terms and Conditions or their subject matter or formation.
