Terms and conditions

General Terms and Conditions

THE INTRO

At The Livery CoWork, we strive to make the community the best possible place for every member. To make this possible, we ask that you read this entire contract, understand it thoroughly, and follow our very simple, ethical, and common standards.

The Livery CoWork is not just your everyday office, where you come in, sit alone, and go home. The Livery CoWork is a community-based workspace, which is a growing movement and, we believe, the future. At The Livery CoWork, collaboration and innovation are two very important aspects, and they are what keep our culture alive. Please understand that as you work here, you represent not only your company, but The Livery CoWork as well.

TERMS & CONDITIONS

Acceptance of Terms: The services The Livery CoWork provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms of Use (“TOU”). The Livery CoWork reserves the right to update the TOU at any time. The Livery CoWork will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement.

Description of Services: The Livery CoWork may provide you with access to work space, workstations, Internet access, office equipment, meeting space, knowledge resources, and other services as The Livery CoWork may provide from time to time (collectively, “Services”). The Services are subject to the TOU at all times.

No Unlawful or Prohibited Use: As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the network(s), or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any accounts, computer systems, or networks connected to any of The Livery CoWork systems or to any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation in or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party to.

Collaboration: Please understand that while working at The Livery CoWork, collaboration is one of our keys to success, and it can be yours as well. We highly encourage the collaboration of our members in the space and the community outside. However, The Livery CoWork is not a place to sell your service. During normal work hours, please respect the work of others. There will be a time and place for networking and the exchange of services.

Classes and Events: The Livery CoWork is more than just office space; it is also a place for networking, classes, and events to develop the entrepreneurial community. The Livery CoWork will host various classes and events in our space that may be open to both the public and our members. While some events may be open to Livery CoWork Members, some may be private and closed to Livery CoWork members.

Members will be notified before each event, so they have the opportunity to make adjustments. Members acknowledge that events and classes are a vital part of The Livery CoWork collaborative community and that they may be required to adjust their work schedule around these events. The Livery CoWork will minimize any disruptive events or classes to our members during normal business hours, 9am to 5pm Monday thru Friday.

Photo ID: A copy of a photo ID is required. For the safety of our community, we reserve the right to perform a background check on any prospective or existing Member and decline or terminate any membership based on the results of such check.

Disclaimer of Warranties: To the maximum extent permitted by applicable law, The Livery CoWork provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied, or statutory, including, but not limited to, any (if any) warranties, duties, or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.

Exclusion of Incidental, Consequential and Certain Other Damages: To the maximum extent permitted by applicable law, in no event shall The Livery CoWork or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential, or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The Livery CoWork, and even if The Livery CoWork has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.

Indemnification: You release, and hereby agree to indemnify, defend and hold harmless The Livery CoWork and The Livery CoWork’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines, and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by The Livery CoWork or its respective officers and agents in connection with the defense of such claim or lawsuit.

Insurance: The Livery CoWork will carry Liability and Business Personal Property insurance. As a user, it is strongly suggested that you carry a Renter’s Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of The Livery CoWork.

Severability: In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Participation In or Use of Services: You agree that when participating in or using the Services, you will not:

Use the Services in connection with contests, pyramid schemes, chain letters, junk email, or any duplicative or unsolicited message (commercial or otherwise);

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Livery CoWork internet access;

Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

Upload files that contain viruses, Trojan Horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

Restrict or inhibit any other user from using and enjoying the Services;

Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;

Violate any applicable laws or regulations; and create a false identity for the purpose of misleading others

HOUSE RULES

Respect: The Livery CoWork members must be highly respectful of the other Livery CoWorkers. We are a professional workspace, where many companies are developing private and secure work. In order to keep the culture trustworthy, we ask that if you see someone’s monitor, white/black board drawings, or copies to keep it to yourself, and erase it from your memory. Follow the simple golden rule – do unto others as you would have done to yourself.

Volume Control: At The Livery CoWork, the Open Area should be regarded as a Quiet Zone. We encourage all members to take calls and Zooms in Private Areas to avoid disrupting other CoWorkers. Private Areas include but are not limited to the Meeting & Focus Rooms (available to book by the hour), phone booths (available anytime for calls and Zooms up to 30 minutes), and outside seating (available anytime).

Pets: We love our furry friends! As of now, we do allow well-behaved dogs that do not cause disruption. If your dog causes a disruption, or if one of our members notifies us that they are allergic to dogs, we will ask that you leave your dog at home.

Internet Usage: No spamming, posting, or downloading of any files, software, programs, etc., that are illegal and/or inappropriate. Any use of hacking or misuse of one’s computer within The Livery CoWork’s workspace will not be tolerated and will result in termination of membership.

Kitchen Etiquette: You are responsible for cleaning up after yourself. Please put your dirty dishes in the dishwasher. If unavailable, please rinse your dishes and leave them in the sink. All food in the refrigerator must be labeled with your name and the date you put it in there. Food left in the refrigerator will be discarded after 5 days. Snacks and drinks that are provided for members are to be enjoyed while working at the cowork and must not be taken "for the road."

Liability: Every member is liable for his or her own belongings, actions, and materials, whether a physical product or computer-based software. Should any action cause damage to The Livery CoWork, that member or members would be held liable for the repair. If anything happens such as your computer gets hacked, blog goes down, Wi-Fi goes out, or if someone steals from you, it’s not on us. We are truly sorry for this, but we are not held legally responsible for these actions.

Guests: Any guest brought by a member must first sign in at the reception desk. All guests must remain with the member whom they came with. Guests may stay in a member’s private office without any additional charge. The inviting member will be responsible for all of their guest’s actions.

24/7 Access: At The Livery CoWork, we provide most of our members with 24/7 access so they have the ability to come in and work whenever they need. The 24/7 access is a secured entry to allow members to come in before or after business hours to get work complete. 24/7 access is not to be used for other purposes such as sleeping, hosting parties or events, or any other purposes besides working.

Mailing: Any mail and/or packages will be placed inside your office or in a secure location. We have no obligation to store mail and/or packages after your Membership at The Livery CoWork has ended for any reason. To avoid having your mail returned to sender, please schedule a change of address through USPS prior to the end of your membership contract.

Access Card and Keys: Do not reveal your account password or transfer your keycard or other access device or credentials to anyone else (or let them use your account). Do not make any copies of any keys, keycards, or other means of entry to our Premises (each, an “Access Device”). You are responsible for maintaining the confidentiality of your password and security of your Access Device.

The Livery CoWork Name: The Livery CoWork owns rights to its name, logo, slogan, and all other property relating to The Livery CoWork. The use of this name and property of The Livery CoWork without permission will result in legal actions taken by The Livery CoWork.

Other Members: We do not control and are not responsible for the actions of other members. If a dispute arises between members or their invitees or guests, we shall have no responsibility or obligation to participate, mediate or indemnify any party.

Holiday Closings: Regular business hours are 9am to 5pm Monday thru Friday with exception to certain holidays. Members will be notified of closings prior to that day(s). 24/7 members will continue to have access to the space.

MEMBERSHIP FEES AND FINANCIALS

Payments: All Memberships are due and automatically renewed on the first of the month. For The Drifter, Homesteader, Lone Star and Private Office members, the first month will be prorated through the end of the month. Billable Meeting and Focus Room Hours and other services will be added to your next months’ invoice.

Late Payments: If payment is not received within five (5) days of the renewal date, a late fee of $50 plus $5 per day until payment is received, starting on the sixth (6th) day, will be charged. If a payment is not received after fifteen (15) days, your membership will be automatically terminated, your personal belongings will be cleared from any dedicated spaces and any mail addressed to you and/or your company will be returned to sender. We would not like that to happen, so please keep us up to date with any changes to your membership and billing information.

Form of Payment: We accept payment by direct withdrawal from your bank account or credit card. Only a single checking account, savings account or credit card account may be used at any given time to make payments under this agreement. If payment via credit card fails on two occasions, we may require you to make payments via direct withdrawal.

ACH / Bank Account: If you elect to pay via direct withdrawal, you are required to deliver to us a voided check from this account, maintain sufficient money in your bank account to pay the fees described in this agreement and to inform us promptly of any changes to this account.

Credit Card: You are required to inform us promptly of any changes to such credit card and ensure that you replace such credit card prior to its expiration date.

Participation In or Use of Services: You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Livery CoWork does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

Outstanding Fees: We may withhold services or terminate this agreement if any outstanding fees are due or if you or any Member does not comply with the terms and conditions of this agreement. Should your membership be cancelled due to unpaid invoices and a reinstatement is granted, any balances which are in arrears must be paid first before reactivation of a membership.

Changes to Membership and Overage Fees: Fee for membership or other Services are subject to price increases, but no more than once per year. We will notify you at least thirty (30) days prior to these increases.

Refund Policy: The Livery CoWork does not issue refunds on current or past month payments as service in exchange of the payment has already or is currently being accrued. In limited circumstances, when there is an error, The Livery CoWork will issue credits. See section VII for details on “TERMINATION AND CANCELLATION”.

The Livery CoWork will not return funds for unused prepaid/discounted days or meeting hours. Allotted monthly membership services such as Meeting/Focus Room hours or work days do not roll over to the following month(s).

MEMBERSHIP ADD-ONS

Monthly Add-ons (Not Available to Renegades or Rustlers): USB Hub, Monitor, Keyboard & Mouse: $25/month Mail Box: $50/month Locking Filing Cabinet: $30/month

Per Use Add-ons: Extra Meeting/Focus Room Hours in addition to any booking credits included in your membership: $5 to $15/hour (50% off retail)

Day Pass: $30 (for guests) Add-On Hour (for Renegades & Rustlers): $10/hour Private Events: ask us

PHONE BOOTHS, MEETING & FOCUS ROOMS

Phone Booths, Meeting & Focus Rooms: Phone Booths are available to coworkers on a first come first serve basis for calls and meetings that are 30 minutes or less only. Staying in a Phone Booth beyond 30 minutes is prohibited and will be considered a breach of the TOU. If you need a private space for longer than 30 minutes, you must book a Meeting or Focus Room. Meeting & Focus Rooms are only available to book upon request or reservation. Room reservation time includes setup and breakdown time. To make a reservation simply download the Passport by Nexudus app onto your smartphone (preferred) or login to the member portal at http://cowork.livery135.com. Your login and password will be sent to you in a “Welcome email” once we create your account online.

Any cancellations of a Meeting/Focus Room must be made at least twenty four (24) hours in advance of the meeting. Any reservation cancelled within twenty four (24) hours will be charged at the full rate of the Meeting/Focus Room rental.

For weekly reservations, we must be notified at least forty eight (48) hours in advance prior to the scheduled date. Any weekly reservation cancelled within forty eight (48) hours will be charged at the full rate of the Meeting/Focus Room rental.

Please note that it may sometimes be possible to extend use of the room if your meeting runs longer than expected. To extend your reservation please first confirm availability with the Livery CoWork team members or book on the app or online. Remaining in a Focus Room or Meeting Room beyond the end of your booked time without extending your booking is prohibited and will be considered a breach of the TOU.

Meeting/Focus Room hourly credits allotted to Drifter memberships expire at the end of each billing cycle per membership and do not roll over into the following month. Exception: Purchased Meeting/Focus Room Packages. They expire 1 year from the date of purchase.

Aside from clear drinks in spill-proof containers, food and drinks are not allowed in the Phone Booths or Focus Rooms. Space heaters are NOT allowed in Phone Booths or Focus Rooms. You will be held responsible for any damages caused by your actions.

TERMINATION & CANCELLATION

Term: This agreement will be effective when signed by both parties. Each membership will begin on the Start Date specified in this Membership Agreement. Each membership will routinely renew with the same terms until you provide an exit notice thirty (30) days prior to the last month. If you decided to leave before end of term, you are responsible for the remaining monthly payments in that term.

The Livery CoWork can also terminate the agreement if the Member(s) violated these Terms and Conditions. If the start date is a business day, the members will be entitled to move into the office space on the start date. If the start date is not a business day, the members will be entitled to move into the office space on the first business day after the start date no earlier than 9 a.m.

Termination After the Start Date by Us: We may immediately terminate this agreement: upon breach of this agreement by you or any Member from your company; upon termination of our rights in the Premises; or at any other time, when we, in our reasonable discretion, see fit to do so. You will remain liable for past due amounts and we may exercise our rights to collect due payment despite termination of this agreement.

Termination After the Start Date by You: For month-to-month memberships, you may terminate this agreement by delivering to us written notice executed by the Primary Member at least thirty (30) days prior to the termination month. You expressly agree that you may specify only the last business day of the calendar month as the termination date and you will not be entitled to pro ration with respect to such last month’s membership fee. On such last business day, you must vacate the office space no later than 4:00 p.m., and return all keys you might have in your possession (Mail box, File cabinet and 24/7 Access card). For memberships with a minimum initial term that exceeds thirty (30) days, cancellation prior to the end of the initial term will incur cancellation fees, per the Membership Plan Summary, below.

Removal of Property upon Termination: Prior to the termination of this agreement, you will remove all of your, team members’, and your guests’ property from The Livery CoWork. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in or on the office space after the termination of this agreement without any obligation to store such property, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible to pay any fees reasonably incurred by us regarding such removal. Following the termination of this agreement, we will not forward or hold mail or other packages delivered to us. Deposit minus any outstanding The Livery CoWork fees for Services or damages will be returned to you.

IX. MISCELLANEOUS

Updates to the Agreement: We may from time to time update this agreement and will provide notice to you of these updates. You will be deemed to have accepted the new terms of the agreement following the completion of one (1) full calendar month after the date of notice of the update(s). Continued use of the office space or Services beyond this time will constitute acceptance of the new terms.

Public Profile: As default, your profile is set up as visible within the Livery CoWork online network. If you wish to change the settings, please log into your account at http://cowork.livery135.com