Terms & Condtions – Mumbai Coworking

Terms & Conditions for Virtual Offices

Terms & Conditions from Virtual Office online signup:

  1. FACILITIES AND SERVICES

(a) In consideration of the payment by the Member of the Plan Fee specified overleaf, The Mumbai Co-Working permits the Member to use the Plan Inclusions and Services governed and defined by this Agreement from the Commencement Date until terminated in accordance with the provisions of this Agreement.

(b) Definition: Mumbai Co-Working Space is either a shared lounge or shared office space in a collaborative work environment. Workspaces are available on a first-come, first-serve basis.

(c) Mumbai Co-Working Space shall provide the Member with the subscribed Plans (“Plan Inclusions”) specified overleaf:

(i) Business Address Plan entitles the Member to the right to use Mumbai Co-Working’s business address under the Member’s name detailed on the front of this agreement for the Member’s company stationery and marketing collateral, collection of mail by Mumbai Co-Working Space to be held for Member’s collection and complimentary email notification of mail and courier.

(ii) Call Handling entitles the Member to a local mobile number provided by Mumbai Co-Working.

(d) A range of other pay-as-you-use services (“Services”) provided by Mumbai Co-Working or suppliers of Mumbai Co-Working shall be available to the Member at rates stipulated within Mumbai Co-Working’s price guides. In the event that Mumbai Co-Working or any business affiliate of Mumbai Co-Working provides the Member a Service, Mumbai Co-Working shall charge the Member at the stipulated rate detailed within Mumbai Co-Working’s price guides. Mumbai Co-Working reserves the right to review, add or change the prices within the price guides by giving 1 month notice to the Member.

 

  1. SIGN UP AND BILLING

(a) For all Virtual Office Plans, Mumbai Co-Working reserves the right to require the Member to submit the required points of Identification (“the Documentation”), and reserves the right, at its absolute discretion, to terminate the plan if the Documentation is not received.

(b) Mumbai Co-Working reserves the right to request up to two months security deposit (“the Deposit”). The Deposit shall not be deemed as an advanced payment. In the event of any withdrawal from the Deposit by Mumbai Co-Working due to default of the Member, the Member shall replace any such sum withdrawn within 14 days of being notified of such withdrawal. Such deduction shall not be deemed to have waived any breach by the Member of this Agreement. The Deposit shall be refunded to the Member within 60 days after termination of this Agreement subject to all outstanding invoices being settled in full and the Member providing sufficient information so that the refund can be executed by Mumbai Co-Working. If the Member fails to provide such information or demand the refund of the deposit within 360 days after the Termination Date the Deposit shall be deemed to be forfeited to Mumbai Co-Working.

(c) Where relevant, members who select to pay invoices by credit card irrevocably authorises Mumbai Co-Working, on the invoice due date, to deduct from the Member’s credit card the Plan Fee plus any relevant taxes payable in advance and all Services billed in arrears. In respect of any partial period, a pro-rata adjustment shall be made.

(i) The Member irrevocably authorises Mumbai Co-Working to deduct all amounts charged to the Member by Mumbai Co-Working on such credit card at any time during any billing period and subsequent renewal contract periods.

(ii) The authorisation will remain in effect until the Member cancels in writing of any changes in the account information provided or termination of this authorisation at least 15 days prior to the next billing date.

(ii) If a charge is declined or reversed by the credit card issuer or network, the Member agrees to pay Mumbai Co-Working a service charge and to reimburse Mumbai Co-Working for all reasonable costs of collection. The Member’s credit card issuer may also assess its customary charge for such transactions.

(d) Members who select to pay by cheque or bank transfer shall for the duration of this Agreement pay by the due date on the Invoice the Plan Fee payable in advance and all Services billed in arrears. In respect of any partial period, a pro-rata adjustment shall be made.

(e) Payment is due 7 days from the invoice issue date. Should payment not be received 14 days from the invoice issue date, an administrative fee of 3% referred to as “Penalties” per month will apply on the overdue balance until payment has been received by Mumbai Co-Working.

(f) In the event that the Member does not pay within 14 day(s) from the invoice issue date the total amount as stated on an invoice Mumbai Co-Working shall be entitled to:

(i) Suspend partial or all services provided by Mumbai Co-Working to the Member including, but not limited to telephone and mail service.

(ii) Block Member access to the hot desk and any dedicated storage and change the lock without prior notice

(iii) Vacate any dedicated storage

(iv) Claim all costs including legal fees associated with recovering all monies owed to Mumbai Co-Working from the Member.

(v) Charge a reactivation fee

(g) The Member shall pay all sums due to Mumbai Co-Working under this Agreement without any deduction or set off.

(h) The Member shall pay for all bank charges, exchange rate differences, currency adjustments and other such charges related to Plan Fee and Penalties.

(i) Online specials are not valid for current Members of Mumbai Co-Working within the city being subscribed and new Members may only sign up for 1 online special per lifetime per city. In the event that the Member signs up on more than one occasion the Member shall be charged the full License Fee without discount. In addition, Mumbai Co-Working reserves the right to review and reject any online sign up at its sole discretion, under such rejection Mumbai Co-Working shall refund any monies paid in full.

 

  1. TAXES

Any amount payable by the Member under this Agreement will be exclusive of local taxes including, but not limited to goods and services tax. If any supply made by Mumbai Co-Working under this Agreement is a taxable supply, Mumbai Co-Working must provide the Member with a valid invoice usable for taxation purposes and the Member must pay an additional amount to Mumbai Co-Working which is equal to the consideration payable by the Member for relevant supply multiplied by the prevailing local tax rate. This includes taxes, stamp duties or other documentary fees.

 

  1. TERMINATION

Termination of this Agreement will be subject to the following terms:

(a) This Agreement is rolling, and shall automatically roll over for successive periods equal to the contract period specified overleaf unless either party gives written notice to terminate one (1) month prior to the scheduled end date of the current contract period for agreements of 1 month and two (2) month’s prior to the scheduled end date of the current contract period for agreements for agreements of over 3 months.

(b) The Member will be released from its obligations under this Agreement and allowed to terminate prior to the End Date of this Agreement subject to the Member paying Mumbai Co-Working the full Plan Fee for the unexpired term together with all other outstanding invoices and penalties (if any). Upon settlement of these terms received by Mumbai Co-Working, the Deposit will then directly be refunded to the Member.

(c) This Agreement may be terminated forthwith in the event of any breach of the obligations on the part of the Member. Mumbai Co-Working shall be entitled (but not obliged) to retain any personal effects or other belongings of the Member until all arrears owed to Mumbai Co-Working have been paid or other loss made good. In the event of non-payment within 14 days Mumbai Co-Working shall be entitled to dispose of any goods retained in settlement of any arrears and any cost of such disposal.

(d) If the Member terminates its Virtual Office subscription, the Member must cease to use Mumbai Co-Working’s address on all of its company documents, business registration, and marketing materials; and deregister the office address in the Government, Bureau and other government agencies. Mumbai Co-Working reserves the right to continue billing the Member at listed plan rates for each month that the Member continues to utilize Mumbai Co-Working’s information on said documents and materials beyond the termination date of this Agreement, and to litigate if it deems appropriate.

 

  1. REFUNDS

The Member shall have 14 days to dispute a charge from the invoice due date. Mumbai Co-Working will only provide a refund in the event that an incorrect amount has been charged to the Member. Mumbai Co-Working follows a strict no refund policy, so in any other situation. No refund shall be provided.

 

  1. MEMBER’S RIGHTS AND RESPONSIBILITIES

The Member shall not:

(a) Impede or interfere with Mumbai Co-Working’s right of possession and control of the Centre.

(b) Use the Centre otherwise than for the Member’s business and in any event shall not permit the Centre or Services provided to be used for any illegal activity.

(c) Interfere with the conduct of Mumbai Co-Working’s business and during the term of this Agreement and for six (6) months thereafter shall not offer employment to or hire directly or indirectly any staff of Mumbai Co-Working. Without prejudice to any rights or remedies that Mumbai Co-Working may have for any breach of the foregoing if the Member shall employ directly or indirectly any member of Mumbai Co-Working’s staff during such period the Member shall pay to Mumbai Co-Working within seven (7) days of the said member of staff commencing his or her new employment or hire a recruitment fee equal to 25% of the said first year gross salary or hire costs including guaranteed bonuses or benefits.

(d) By way of commission payable to Mumbai Co-Working by the Member, the Member agrees that, in the event that the Member entices, convinces or otherwise causes an existing Member of Mumbai Co-Working to vacate the Premises to pay to Mumbai Co-Working a commission equal to 12-month’s rental of the company that has been enticed or convinced to vacate the premises.

(e) In the event the Member damage any of the decorations, fixtures and fittings or other equipment in the Centre. Mumbai Co-Working shall have the right to claim from the Member the cost of repairing such damage.

(f) Be entitled to any compensation as a result of any failure of data security or computer systems or as a result of Mumbai Co-Working failing to provide any of the services in accordance with this Agreement as a result of any breakdown or strike or delay or failure of any staff, manager or caretaker to perform their duties.

The Member shall:

(a) Observe and adhere to all the rules and regulations updated from time to time made by Mumbai Co-Working for the management of the Centre.

(b) Indemnify Mumbai Co-Working and its respective officers, employees and agents, from all claims, liability, or loss, and all damages and costs incurred by Mumbai Co-Working which arise out of the use of the Unit. The Member shall be required to maintain sufficient public liability insurance and maintain adequate insurance to cover all fixtures and equipment belonging to Mumbai Co-Working within the Unit.

(c) Acknowledge that Mumbai Co-Working is not responsible for the theft of or damage to any equipment, chattels or goods.

(d) On or before the expiry of this Agreement, return to Mumbai Co-Working all keys and other means of access to the Centre that have been provided by Mumbai Co-Working, and whenever any key or other means of access is lost, report such loss forthwith to Mumbai Co-Working and to pay on demand the cost of replacing such key or other means of centre access

(e) Give written notice to Mumbai Co-Working in the event that there are material changes in the address, name, trade name, representative directors or other matters registered on the commercial registry, etc., or any other matters relating to the status of the Member and other important changes related to this Agreement.

(f) Be required to formally check in and check out of the Centre upon entry or departure.

 

  1. OWNER’S RIGHTS AND RESPONSIBILITIES

Mumbai Co-Working shall:

(a) Keep the facilities in the Centre in working order and proper cleaned and equipped

(b) Have the ultimate right to remove the Member from the Centre

(c) Provide the Member with an alternative centre should Mumbai Co-Working require the Member to move during the term of subsequent terms of this Agreement.

(d) Provide reception and switchboard services during normal opening hours, Monday to Friday (excluding official public holidays). Subject to Mumbai Co-Working’s discretion, which will be communicated to all members well in advance.

(e) Reserve the right to allocate a full business day of co-working usage to the Member’s account should the Member not check in or check out of the Centre when Mumbai Co-Working has reasonable belief that the Member accessed the premises. Mumbai Co-Working Team will openly communicate this with the Member before any final allocation is made.

 

  1. GENERAL

(a) This Agreement is personal and is not assignable.

(b) All notices must be in writing or email. Notices to either party will be considered served if mailed by registered post or by email to the addresses or emails specified overleaf.

(c) The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other provision. No waiver of any default of the Member shall be implied from any failure by Mumbai Co-Working to take action with respect to such default.

(d) Where the Member comprises more than one individual, such individuals shall be jointly and severally liable to observe and perform the Member’s obligations under this Agreement.

(e) This Agreement supersedes any prior agreements and embodies the entire Agreement between the Member and Mumbai Co-Working and may not be modified, changed or altered in any way except as agreed by both parties in writing. This Agreement shall be interpreted and enforced in accordance with the national and local laws in which the Centre is located.

(f) Membership is non-transferrable to other parties or individuals, without the express permission of The Executive Centre.