Terms and conditions

General Terms and Conditions

STUDIO 42 WORKSPACES CASUAL HIRE AGREEMENT

ACCEPTANCE OF THE STUDIO 42 WORKSPACES TERMS AND CONDITIONS

Your access and use of Studio 42 Workspaces and Services is subject exclusively to the Terms and Conditions stipulated in this Agreement and other documents we provide to you. You must not use the Services for any purpose that is unlawful or prohibited (which we shall prohibit) by these Terms and Conditions. By using the Services, you are fully accepting the terms, conditions and disclaimers contained in this Agreement. You acknowledge that Studio 42 Workspaces reserves the right to change these Terms and Conditions at any time and your continued use of the services following any changes shall be deemed to be your acceptance of such change. If you do not accept these Terms and Conditions, you must immediately notify Studio 42 Workspaces to terminate the Agreement.

DEFINITIONS

Agreement means this agreement, (including the recitals, the Schedules, appendices and exhibits to it), as it may later be amended or supplemented by the parties in writing.

Business Hours means 9am – 5pm, Monday to Friday not including any public holidays in Queensland.

Premises means the space of Studio 42 Workspaces, office space, any parking spaces, common areas and Studio 42 Rooms.

Studio 42 Room(s) means the office professional meeting room(s) being hired in accordance with this Agreement.

Services means the services being offered by Studio 42 Workspaces at the Premises.

Term (“booking” or “hire”) means as defined by the booking confirmation through Studio 42 Workspaces booking system powered by Nexudus.

TERMS AND CONDITIONS

You acknowledge that Studio 42 Workspaces is operated by Cadre Alarm Exchange Pty Ltd ABN 33156646203 trading as Studio 42 Workspaces (“Studio 42 Workspaces”). You acknowledge and agree that these Terms and Conditions apply for the duration of the Agreement/Term and apply to any future temporary hire conducted with Studio 42 Workspaces.

Hire Confirmation. A temporary room hire is not confirmed until these Terms and Conditions have been agreed to, you have a written confirmation and the room hire rates are paid in full. At our discretion, a 50% deposit may be taken to confirm the hire with the remaining 50% due before the start of the hire. Studio 42 Workspaces will not be required to provide access to any room if full payment has not been received prior to the start of the hire.

Cancellation. You may cancel this Agreement prior to the Start Date upon delivery of notice to us. If you terminate more than 7 days prior to the start date, you may, at our discretion be refunded up to the full amount of the cost. If you terminate a hire within 7 days of the start date a credit note for the full amount may be applied to your account for future use with us but no refund will be issued. If a credit note is approved, please note that this expires within 90 days.

No show. In the event you do not show up to the Premises on the start date of your hire having not notified Studio 42 Workspaces you will receive no refund and no credit note.

Visitors. You must ensure that you and any visitors you invite to the space are checked in and checked out at the reception desk upon arrival and departure. You are responsible for ensuring their behaviour is orderly and are responsible for any damage caused to the premises by them.

Room Availability. We reserve the right to assign another room of similar quality at no additional cost if the room booked is not available at the start time of the hire. Should circumstances arise beyond our control and we are unable to provide for your hire, Studio 42 Workspaces is not responsible for any costs, damage or expenses you incur or suffer.

Belongings. You are responsible for all your belongings and equipment both during and after the duration of the hire. Studio 42 Workspaces will dispose of any possessions or items left at the Premises and not collected within 14 days.

Medical Conditions. You acknowledge that unless otherwise disclosed, you/your guests do not have any conditions medical or otherwise that need to be disclosed to Studio 42 Workspaces in the case of emergency.

Hire Rates. Hire charges will be according to the rates shown at https://studio42workspaces.com/info/ or otherwise displayed on the Studio 42 Workspaces Website or Booking Site. Hire outside of business hours incurs a 25% loading.

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Additional Charges. Room hire usage exceeding the booking will be directly invoiced to you as per the Hire Rates, as well as any additional charges such as printing or administration services as listed here https://studio42workspaces.com/info/. All additional charges incurred must be paid within 14 days of receiving the invoice.

Account Suspension. In the event of overdue invoices, Studio 42 Workspaces reserves the right to suspend Services provided to you.

Overdue Invoices. Overdue invoices will incur an interest rate of 2% per annum and you may incur the costs associated with recovering the overdue fees and charges incurred by Studio 42 Workspaces.

Stripe. You acknowledge that Studio 42 Workspaces uses a third-party payment gateway, “Stripe”, to process online payments and consent to the “Stripe” servers storing your payment details subject to the terms and conditions outlined on its relevant website. You consent to Studio 42 Workspaces automatically processing outstanding fees and charges through the “Stripe” payment gateway when they become due.

Parking. Temporary parking is available in bays marked “Visitor Parking” for a maximum of 20 minutes during business hours. It is for use while at the Premises only and pending availability. On-site parking beyond this duration must be booked and paid in advance according to the parking rates detailed here https://studio42workspaces.com/info/.

Internet Access. Wifi internet access will be granted for the duration of the hire. We do not make any representation or warranty as to the security or performance of our network.

Kitchenette Usage. Usage of the kitchenette area as well as consumption of tea, coffee and filtered water is available free of charge (pending availability) for the duration of the hire.

Copy Centre. Use of the copy centre for printing, faxing and scanning is available for the duration of the hire. Faxing and printing charges will be invoiced in according to the rates outlined here: https://studio42workspaces.com/info/.

Copyright. All copyright, trademarks and all other intellectual property rights on the Studio 42 Workspaces website and its content (including without limitation, the website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Studio 42 Workspaces or otherwise used by Studio 42 Workspaces as permitted by law. In accessing the website, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Studio 42 Workspaces. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.

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Disclaimers and Limitation of Liability. To the extent permitted by law, Studio 42 Workspaces will not be liable for any indirect or consequential loss or damage (including but not limited to loss of business, opportunity, data and profits) arising out of or in connection with the use of the Services or the Premises including but not limited to the mistake, failure or omission in respect of the onward transmission to you of oral messages, physical documents or electronic communications. We do not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974, the Privacy Act 1988 or the Telecommunications Act 1997) where to do so would contravene that statute or cause any part of this clause to be void. Except to the extent prohibited by law, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services provided to you by Studio 42 Workspaces and any failure to supply or delay in supplying the Services arising out of or relating to this Agreement. Studio 42 Workspaces will not be responsible for or liable to you for, and you indemnify Studio 42 Workspaces, against any direct, indirect, consequential or economic loss or damages you may sustain including, without limitation, loss of income or profit or loss of actual potential business opportunities arising from any of the Services offered. Studio 42 Workspaces will not be responsible for or liable to you for any delay in the connection or failure in the operation of the Services in any circumstance including technological issues or failures.

Indemnity. You agree to indemnify and hold Studio 42 Workspaces and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Studio 42 Workspaces arising out of or in connection with any breach by you of these Terms and Conditions or other liabilities arising out of your use of the Services.

Severance. If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed, and the remaining Terms and Conditions shall continue and remain in effect and continue to be binding and enforceable. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the law of Queensland, Australia and you hereby submit to the exclusive jurisdiction of the Queensland courts.

Each party by executing this Agreement is deemed to unconditionally sign, seal and deliver this Agreement as a deed with the intention of being immediately bound by this Agreement.