Terms and conditions
General Terms and Conditions
HomeWork Workspace Ltd
Terms and Conditions
a. These Terms and Conditions ("Terms") describe your rights and obligations in connection with your receipt and use of the services provided by HomeWork Workspace Ltd to you (the "Services", as further described below). b. Please read these Terms carefully, as they affect your legal rights. By using the Services or by consenting to these Terms, you are agreeing to abide by and be bound by these Terms.
Who we are
Who we are for the purposes of these Terms is HomeWork Workspace Ltd, (Company No: 11674420) and we shall be referred to in these Terms as "we," "our" "us" or “HomeWork".
Who you are
a. These Terms apply to business clients only. By agreeing to these Terms or using our Services, you are confirming that you are using the Services for business purposes. These Terms do not apply to individual consumers purchasing Services for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).
b. If you are entering into these Terms on behalf of a company or organisation, you represent and warrant that you have the necessary rights, authority and consent to bind such company or organisation to these Terms.
c. References to "you," "your" and similar words in these Terms refer to you as our client registering for and using our Services.
How the contract is formed
a. Our contract with you comprises of:
i. these Terms;
ii. the online or offline order and registration form (“Registration Form”);
iii. our House Rules (as defined below); and
v. any applicable Additional Terms, as defined in condition 5b(iii) below. together (the “Contract”). b. We will guide you through our order and registration process via our website or via our communications with you.
c. Before submitting your Registration Form to us, please ensure that you have checked all the details.
d. The Contract is formed on the date that you consent to the Terms or indicate your agreement to the Terms by paying for the Services or receiving the Services.
a. For the avoidance of doubt, references to "Services" in these Terms refer to your membership, access to and use of our online network, WiFi access, member-only events, access to and use of our offerings, facilities, desks, meeting rooms and space in any of our locations (each, a "Premises") and certain other related services and features we provide.
b. The exact Services you receive will depend on:
i. the product or Services you have purchased;
ii. the Services available, which may vary by Premises; and
iii. additional features and services selected by you, such as through a "Service Package", which may be subject to additional guidelines, terms, conditions, policies and/or rules ("Additional Terms"), including additional payment obligations.
c. Some features of the Services may be subject to Additional Terms, which will be posted with those features or otherwise communicated to you. You acknowledge and agree that your use of those features constitutes your acceptance of the applicable Additional Terms, and those Additional Terms will be incorporated into these Terms by this reference.
- How we might change our Services or these Terms
a. The availability and scope of the Services are subject to change from time to time in our sole discretion. Without limiting the generality of the foregoing, you acknowledge that our Premises, and the Services we may offer at any of our Premises, are also subject to change from time to time.
b. From time to time, we may also make modifications, deletions or additions to these Terms and will provide you with notice of changes to these Terms or to Services that apply to you, by emailing the last email address provided by you. Most changes will be effective immediately upon notice. c. If you don't agree to the changes, you may cancel the Contract at any time in accordance with condition 21, but note that there are no refunds for early cancellation of the Contract.
- Fees and Payments
a. Our fees for our Services are displayed on our website or are provided to you when you enquire about our Services or we discuss our Services with you.
b. By signing up for any Services and providing your payment information, you agree to pay us the recurring or non-recurring fees associated with the particular Services you are purchasing, as displayed to you at the time you sign up for the relevant Services, or as updated by us from time to time upon notice to you.
c. We offer the following payment methods: (i) direct debit; (ii) card payment; and (iii) bank transfer (for invoices). You acknowledge and agree that the payment method provided by you will be automatically charged the fees and any other amounts you may incur or are liable for in connection with the Services.
d. You must keep your payment information up-to-date and accurate.
e. Recurring fees, which may include recurring membership fees ("Membership Fees") and any other recurring fees you have agreed to in connection with the Services will be charged on the first (1st) of each month unless we notify you otherwise. If payment of your Membership Fee is not made by the fifteenth (15th) of the month in which such payment is due, you will be liable for late payment interest in accordance with condition 7g.
f. Other . additional fees and other non-recurring fees (including fees for ‘flexi’ passes) are invoiced monthly on the first (1st) of the month after the fees have been incurred. If payment of such fees (including fees for ‘flexi’ passes) or any other accrued and outstanding fee is not made by the fifteenth (15th) of the month in which such payment is due, you will be liable for late payment interest in accordance with condition 7g.
g/Time of payment is of the essence. Where sums due under these Terms are not paid in full by the due date:
i. we may, without limiting our other rights, charge interest on such sums at 8% a year above the base rate of The Bank of England from time to time in force, and ii. interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment. h. Your use of the Services may be immediately suspended, and eventually terminated, if we are unable to charge your payment method for any reason. When we receive funds from you, we will ﬁrst apply the funds to any balances which are in arrears and to the earliest month due ﬁrst. Once past balances are satisﬁed, any remaining portion of the funds will be applied to current fees due.
i. The fees applicable to your account may be subject to modification from time to time, and such modifications will become effective upon your next subscription period. Your continued use of the Services following notice of any such modifications, and through the next payment date, constitutes your agreement to such modified fees.
j. You may at any time cancel your account as set forth below if you do not agree to any modified fees.
k. If you sign up to one of our offers or promotions where we offer, for example, a longer subscription/membership period but with discounted or reduced fees, you acknowledge and agree that you will require to pay fees for the entire duration of that subscription/membership period.
l. Our payment processors are:
i. Stripe (for online card payments); and
ii. GoCardless (for direct debit payments),
and such payments will be subject to the terms and conditions and privacy policies of such payment processors.
- No refunds
All fees are non-refundable.
- House Rules
a. Each Premises has its own house rules governing the expected behaviour in such Premises (the “House Rules”), which you can find at each of our Premises and which you must comply with while using the Services in such Premises.
b. The House Rules of any Premises at which you receive or use the Services are hereby incorporated into these Terms. House Rules may be revised from time to time.
c. In general, we expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to us, our employees or agents, other members, any guests or any other third parties or any pets (dogs) or property of any of the foregoing.
- Membership and Membership Restrictions
a. You may apply to become a member by completing the Registration Form (“Membership”).
b. You will be asked to select the level of Membership required and then after completing the Registration Form, you are provided with the opportunity to view and read the Terms. If you accept the Terms and are happy to proceed to become a member, you should check the box to confirm that you accept and consent to the Terms.
c. The details that you provide and confirm in the Registration Form must be complete, accurate and correct, including your confirmation that you agree to these Terms.
d. Your Membership is specific to you. You cannot add additional members to your account or share your account credentials with any other individual except as agreed with us in advance. Furthermore, you must not use any Services or any space you reserve or occupy in any Premises in a "retail," "medical," or other nature involving frequent use by or visits from members of the public.
a. You will be provided with a key fob or a key card which will give you access through the barrier at the Premises. Your use of the key fob or key card is subject to the House Rules.
b. For security purposes, we may regularly record via CCTV certain areas of our Premises. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rules, regulations, legal process or government requests, 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 about this policy.
- Pay as you Go (“PAYG”), Flexi Passes and Meeting Rooms
a. PAYG desks and meeting rooms:
i. are subject to availability;
ii. may be pre-booked in advance at the relevant email addresses stated on our website and payment is due on use; and
iii. are subject to a 24-hour cancellation policy. The full fee will be payable if the booking is cancelled within 24 hours of the booking.
b. Booking a meeting room is subject to our booking fees which are payable in accordance with condition 7.
c. Flexi pass desks are also subject to availability and may be pre-booked using the PAYG booking system. Invoices for flexi passes will be issued on or around the first (1st) of each month for the previous month’s usage, once known.
a. Subject to availability, you may elect to receive mail and packages at one of our Premises. If you have done so, we will accept mail and deliveries on your behalf during the regular business hours and on the regular business days of such Premises.
b. We have no obligation to store such mail or packages for more than thirty (30) days of receipt or if we receive mail or packages after you terminate your Membership.
c. This service is offered to allow ease of delivery of business correspondence from time to time. It is not meant to be an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept large, bulky or oversized mail or packages.
d. The service we offer for accepting mail outlined in this condition may be subject to a fee or additional fees, which you will pay in accordance with condition 7.
- Property and Personal Items
a. We are not responsible for any property you leave behind in any of our Premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving.
b. Prior to the termination or expiration of your Membership, you must remove all of your property from all Premises.
c. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in any of our Premises (including your mail and packages), 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.
d/Any property or personal items that you leave unattended on your desk or near your desk, are left at your own risk. We are not responsible or liable for supervising any such property or items nor will we be responsible or liable if such property or items are lost, damaged or stolen.
e. There are lockers available for use by our Members and such use is subject to our House Rules.
- Damage and Fit-Outs
a. You may be held liable for the repair cost for all damage to our Premises and items therein caused by you or your guests, invitees or where permitted, pets (dogs).
b. If you install any corporate branding or signage and/or the desk area is tailored for your corporate requirements, you agree and acknowledge that you shall be responsible and liable for taking down or removing any corporate branding, signage and returning the desk area to its original condition. You further acknowledge and agree that you shall be responsible and liable for the costs associated with this condition 15b/
- Common areas
a. If you are accessing our Premises pursuant to these Terms, you will (and, where permitted, your guests, invitees and pets (dogs) will) have access to our common spaces in our Premises.
b. Your access to our common spaces in our Premises, starts from the time immediately prior to your reserved time in the Premises and ends at the time immediately following your reserved time in the Premises.
c. You acknowledge and agree that common spaces are for temporary use only and are not a place for continuous, everyday work.
- Intellectual Property of others
a. We own (or are licensors of) all intellectual property rights in connection with the Contract and the Services. For the avoidance of doubt, no intellectual property rights are transferred or licensed as a result of the Services or the Contract.
b. You must not directly or indirectly take, copy or use any information or intellectual property belonging to other members or member companies or any of their guests, including without limitation personal names, likenesses, voices, business names, trade marks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.
- Use of Technology
You acknowledge that you have no expectation of privacy with respect to the Premises' internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages), and your activity and any files or messages on or using any of those devices or systems may be monitored at any time without notice, including for security reasons and to ensure compliance with our Policies, regardless of whether such activity occurs on equipment owned by you or us.
- Pets (Dogs)
a. You may only bring pet dogs into Premises where we expressly allow pet dogs, and we may require you to produce proof of vaccination for such pet dog in a form satisfactory to us.
b. You must accompany your pet dog at all times, unless it is in an enclosed space that you have reserved.
c. You will be responsible for any mess, injury or damage caused by any pet dog you or any of your employees, invitees or guests bring into any Premises. We will not be responsible or liable for any injury to any pet dogs.
d. You may bring Guide Dogs onto the Premises without restriction.
e. With the exception of Guide Dogs, we reserve the right to restrict any member's or other individual's right to bring a pet into the Premises at any time in our sole discretion.
- You and other members
a. We do not control and are not responsible for the actions of other members or any other third parties (including any pet dogs).
b. If a dispute arises between members or their invitees, guests or pets, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
- Account termination
a. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms or any other terms of the Contract, or at any other time when we in our reasonable discretion see ﬁt to do so, we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your account with immediate effect and possibly without prior notice to you.
b. In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or for no reason.
c. We may also at any time terminate your account, or Membership if we discontinue the Membership program at a particular Premises or at all Premises.
d. You can cancel your account at any time, by submitting a request at the email address for the relevant Premises, as displayed on our website
e. Please note that if your individual account was created by a Company, (a) an authorised representative of such Company may at any time terminate your individual account by contacting us, and (b) we may terminate your account, even if the Company's account remains active, and even if you continue to be employed or engaged by such Company.
f. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your Membership.
g. Conditions 7 (to the extent any payment amounts are outstanding), 15, 17, 24 to 29, 32 to 34 shall survive any termination or expiration of these Terms.
h. Termination or expiry of the Contract or Services shall not affect any accrued rights and liabilities of HomeWork at any time up to the date of termination.
- Endorsements and Testimonials
a. From time to time, we may also publish testimonials by users and members related to their experiences with the Services. These testimonials are the users' and members’ subjective opinions, and they represent individual results. We neither verify them nor claim that they are typical results that others will generally achieve. Names, locations, dates and other information may have been changed to protect the privacy of the individuals involved.
b. All other testimonials and endorsements of any type, format or nature posted by users are not verified by us, and we make no warranty or representation as to their accuracy. You should be cautious when relying on any testimonials or endorsements, and you should assume the results described therein are not typical.
- Use of the HomeWork Name and Photos of the Premises
You may not take, copy or use for any purpose the name “HomeWork" or any of our other business names, trade marks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of any HomeWork properties, without our prior consent.
- Waiver and Release of claims
To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against us and our landlords at the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the "HomeWork Parties") resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet and you release the HomeWork Parties from any such claims.
- We are not liable for actions of other individuals
a. We do not control and are not responsible for the actions of other individuals or pets using the Services or at our Premises. You should be aware that other users or members may not be who they claim to be.
b. We do not perform background checks on our users or members nor do we guarantee that our users' or members' profiles are accurate.
c. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.
- Limitation of Liability
a. To the extent permitted by law, the aggregate liability of any of the HomeWork Parties to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort (including negligence), breach of statutory duty, or otherwise 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.
b. None of the HomeWork Parties will be liable under any cause of action, for any indirect, special, incidental, or consequential, losses, including loss of profits or business interruption, or for the cost of any suc. bstitute goods, services or technology.
For the avoidance of doubt, nothing in these Terms will exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any breach of any implied terms which cannot lawfully be excluded.
- Disclaimer of warranties and implied terms
To the extent permitted by applicable law, we exclude all warranties and terms, express or implied, with respect to the Services, including warranties, terms or representations as to the availability, operation, performance and/or use of our Services, or any other materials on or accessed via the Services, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing, course of performance or usage in trade.
- You agree to hold us harmless
a. You will indemnify and hold harmless the HomeWork Parties from and against any and all claims, liabilities, damages and expenses including reasonable legal fees and expenses ("Claims") resulting from any breach of these Terms by you or your employees or guests, or your or their invitees or pets or any of your or their actions or omissions. HomeWork will have sole control over the defence of any such Claims.
b. You are responsible for the actions of and all damages caused by all persons and pets that you or your guests invite to enter any of the Premises. You shall not make any settlement that requires a material act or admission by any of the HomeWork Parties, imposes any obligation upon any of the HomeWork Parties or does not contain a full and unconditional release of the HomeWork Parties, without our written consent. None of the HomeWork Parties shall be liable for any settlement made without its prior written consent.
- You agree to cooperate with us
a. From time to time, we may investigate any actual, alleged or potential breaches of these Terms. You agree to cooperate fully in any of these inquiries.
b. You waive any and all rights against the HomeWork Parties, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
- What if some of these Terms are not enforceable?
a. These Terms as well as our House Rules and any feature-specific guidelines, terms or rules that may be posted or provided to you constitute the entire agreement between us regarding the Services and supersede and merge any prior proposals, understandings and contemporaneous communications.
b. If any provision of these Terms and/or any feature-specific guidelines, terms or rules that may be posted or provided to you are held to be unenforceable, then that provision is to be interpreted either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not).
c. If an unenforceable provision is modified or disregarded in accordance with this paragraph, the rest of these Terms and/or any feature-specific guidelines, terms or rules that may be posted or provided to you are to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.
d. The failure of either party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.
- Nature of these Terms
Notwithstanding anything in these Terms to the contrary, these Terms in no way shall be construed as to grant you any title, lease, easement, lien, possession or related rights in our business, Premises or anything contained in our Premises. These Terms create no tenancy interest (including any security of tenure), leasehold estate, or other real property interest.
- Force Majeure
a. We shall not be liable under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract or access to/performance of the Services which result from an event beyond our reasonable control (“Force Majeure Event”). We shall notify you in writing when such Force Majeure Event causes a delay or failure in performance/access and when it ceases to do so.
b. If, due to the Covid-19 pandemic, for legal reasons or Government restrictions, the Services require to be postponed or delayed:
i. we may delay or suspend availability or performance of the Services until such time that the Services can recommence;
ii. we shall not be liable for any losses, damages, costs and expenses incurred by you as a result of such delay or suspension; and
iii. we may consider extending the duration of the Membership period, or Services, as applicable.
- Dispute Resolution
a. The dispute resolution process may be initiated at any time by you or us by serving a notice in writing on the other party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute.
b. The parties shall use all reasonable endeavours to reach a negotiated resolution through the following procedure:
i. within 10 days of service of the notice, representatives of each of the parties shall meet to discuss the dispute and attempt to resolve it;
ii. if the dispute has not been resolved within 10 days of the first meeting of the representatives, then the matter shall be referred to the directors or founders (or persons of equivalent seniority) of each of the parties. The directors or founders (or equivalent) shall meet within five days to discuss the dispute and attempt to resolve it.
c. Until the parties have completed the steps referred to in this condition 32, and have failed to resolve the dispute, neither party shall commence formal legal proceedings except that either party may at any time seek urgent interim relief from the courts.
- Governing Law and Jurisdiction
a. The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales. b. Subject to condition 33, the parties irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
House rules are available to view here
Dated: September 2021