Términos y Condiciones

Términos y condiciones generales

Terms & Conditions of Membership at Desk@theD

These are the terms and conditions of the agreement between you and Desk@theD. These terms and conditions regulate your membership and the use of our online portal. Please read these terms and conditions carefully before applying for membership or using our portal. Your application to become a member of Desk@theD indicates your acceptance of the terms and conditions. If you do not accept these terms and conditions, please do not apply to be a member.

By ticking the box next to the "I have read the terms and conditions and accept them." text on the Member Application Form, and clicking the 'Submit' button, you further accept and agree to the Terms and Conditions and, if accepted, you are entering into a contract.

MEMBERSHIP PACKAGE SPECIFIC TERMS

Fixed Desk

• Membership allowance runs from 1st to last day of each calendar month (can be pro rata for first month, if starting mid-month)
• Access during opening hours only
• Maximum four fixed desks per organisation
• One months’ minimum contract
• Four weeks’ notice to terminate agreement
• If start date is in the future, and a desk is available, we can reserve for a maximum period of one month, when a one month non-refundable deposit has been paid
• Fixed Desks can be used by the named member only, not shared with others
• Up to 10 guest hours free per month
• Each Fixed Desk comes with lockable storage
• At all times you are required to sign in/out of the coworking space both for yourself and any visitors.
• Business address and mailbox service: The address should be registered in the following format: YOUR BUSINESS NAME, Desk@theD, Bon Accord House, Riverside Drive, Aberdeen, AB11 7SL
• After your contract period has ended you must arrange for your own postal forwarding service from the termination date of your contract. All post thereafter received will be returned to the Post Office marked “not known at this address”.

Hot desking

• Membership allowance runs from 1st to last day of each calendar month, regardless of start date
• Changes – you may reduce your membership level by giving 4 weeks’ notice in writing. Subject to availability, you may upgrade your package at any time.
• Cancellation - you may cancel your membership by giving 4 weeks’ notice in writing.
• At all times you are required to sign in/out of the coworking space both for yourself and any visitors.
• Business address and mailbox service: The address should be registered in the following format: YOUR BUSINESS NAME, Desk@theD, Bon Accord House, Riverside Drive, Aberdeen, AB11 7SL
• After your contract period has ended you must arrange for your own postal forwarding service from the termination date of your contract. All post thereafter received will be returned to the Post Office marked “not known at this address”.

GENERAL TERMS (applicable to all membership packages)

Code of Conduct

Desk@theD expects all users and clients to adhere to our Code of Conduct Policy , which can be found alongside this document and on our website. This code of conduct outlines our expectations for everyone who uses the space, whether as a Member, casual coworker, drop-in visitor, guest, venue hire client or event delegate.

The code of conduct applies not only in our space, but also our online networks, at all related events, and in one-on-one communications carried out in the context of community business. It also states the consequences of violating these requirements, including suspension or immediate expulsion from the space.

The process for reporting and handling grievances or potential breaches of the code of conduct are outlined in our Code of Conduct Procedure, which can be found alongside this document and on our website.

Website/Portal Content

You alone are responsible for any content that you publish, display or distribute on our site, on your profile and in any communications with other members. No responsibility is assumed by Desk@theD for any content, including photos, published or transmitted by members. Desk@theD reserves the right to edit profile and photo content. Desk@theD does not guarantee the accuracy of any information published on the site and does neither endorse nor assume responsibility for the accuracy or reliability of any opinion, advice, or statements made by any subscriber to its services. Opinions, advice, statements, offers, or other information or content made available through the site are those of their respective authors and should not be relied upon without due enquiry.

You may not publish or transmit offensive content; this includes content that contains offensive language, sexually explicit content, and any content that is considered unlawful, threatening, abusive, racist, derogatory, harmful, obscene, harassing, discriminatory, or libellous. Further you may not publish any content that may violate or encourage violation of any applicable local, state, national or international law or regulation.

While Desk@theD reserves the right to edit, delete or remove content deemed offensive at our sole discretion within these Terms and Conditions, Desk@theD does not guarantee that offensive material will be removed or deleted.

Desk@theD reserves the right to read, censor and edit profiles. By creating a profile, you grant Desk@theD permission to publish your profile on our portal and members wall. If you upload a photo, your photo and profile content may be viewable by non-members and may be returned in search engine results.

Account and Password Details

You are solely responsible for ensuring that your account and password details are kept confidential and safe from unauthorised access. Do not give out your password to anyone.

Member Communications

You alone are responsible for the message content you transmit to other members. You Have a duty to ensure that it is appropriate and is not in breach of these Terms and Conditions.

1 Definitions

1.1 “Agreement” means these Terms and Conditions together with the terms of the Membership Agreement. 1.2 “Customer” means the organisation or person named on the Membership or Service Agreement who is purchasing services from Desk@theD. 1.3 “Membership” means the service package purchased by the organisation or person named on the Agreement who is entitled to all the membership benefits, such as access to coworking space, Community Building Events, and a monthly bulletin. 1.4 “Membership Agreement” means the electronic membership application form, submitted to and accepted by Desk@theD. 1.5 “Desk@theD” means Desk@theD a charity having its registered office at andersonbain LLP, 6-10 Thistle Street, Aberdeen, AB10 1XZ. 1.6 “Premises” means heritable subjects at Bon Accord House Riverside Drive, Aberdeen, AB11 7SL, which are occupied by Desk@theD. 1.7 “Building” means Bon Accord House, Riverside Drive, Aberdeen, AB11 7SL. 1.8 “Parties” means Desk@theD and the Customer. 1.9 “Landlord” means owner of the premises. 2.0 “Monthly Tariffs” means the prices per calendar month for the Member or Service Packages advertised on our website as currently available.

2 Application

2.1 These Terms and Conditions shall apply to all contracts for the supply of services by us to you. 2.2 Commencement of services shall take place either on (as appropriate): the date on which we receive payment for services to be provided, or the future date specified on your application; and will continue indefinitely unless (a) the applicable notice is given in writing by either party; or (b) we terminate the Membership or Service Agreement in accordance with clause 5.1. Where notice is not given as set out in the specific terms below, Desk@theD reserves the right to raise an invoice and seek payment. 2.3 This Agreement shall not be construed as a lease or as conferring any tenancy or occupancy rights on the Customer. 2.4 This Agreement does not confer any rights upon the Customer against the Landlord. This Agreement is subject to all rights reserved in favour of the Landlord in our lease of the Premises and is subject to the whole of the terms and conditions contained in that lease.

3 Fees and Payment

3.1 The fees for the provision of the services included in the service price are set out in the Membership Agreement. We shall invoice you for these services and for any additional chargeable services around the 1st day of the month in advance of the service period. 3.2 Payment for the provision of the service will be carried out through our chosen operative “Gocardless”. 3.3 Amounts shall be due within 7 days of the date of the invoice. Desk@theD shall be entitled to charge £10 administration fees on all overdue invoices for each day after payment becomes due. 3.4 Services such as telephone calls & mail forwarding will be charged in arrears. These invoiced amounts shall be due and payable within 7 days of receipt of invoice. 3.5 Fees will be reviewed in October of each year. We may increase or decrease fees at these times. We will give you at least 1 calendar months’ notice of any increases in the fees payable. You must continue to pay fees at the rate current immediately prior to any proposed increase until the end of the notice period.

4 Notice

4.1 Any notice to be given by either party to the other may be served by email or by post to the address of the other party given in the Membership Agreement or such other address as such party may from time to time have communicated to the other in writing. If sent by email the notice shall, be deemed to be received on the day it was sent. If given by letter the notice shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

5 Termination

5.1 Ending this Agreement immediately: To the maximum extent permitted by applicable law, Desk@theD may put an end to this Agreement immediately by giving the Customer notice and without need to follow any additional procedure if: (a) the Customer becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as they fall due, or (b) the Customer is in breach of one of its obligations which cannot be put right, or (c) its conduct, or that of someone from their organisation with its permission or invitation, is incompatible with ordinary office use or otherwise breaches our Code of Conduct Policy. If Desk@theD puts an end to this Agreement for any of these reasons, it does not put an end to any outstanding obligations, including the payment of any additional services used as well as the monthly fee for the remainder of the period for which this Agreement would have lasted if Desk@theD had not ended it.

6 Conditions of Use

6.1 You must comply with the following requirements as to the use of the Premises or any part of them, and you must not authorise or allow anyone else who is employed by you and uses the Premises, or who is otherwise authorised by you to use the Premises, to contravene them. You must:

• use the Premises or Building only for the permitted use specified in the Membership Agreement;
• not obstruct any part of the Premises or Building;
• not do anything which might invalidate any insurance policy covering any part of the Building or which might increase the premium for the Premises or Building;
• not use any part of the Building for any activities which are dangerous, offensive, noxious, illegal or immoral, or which are or may become a nuisance, annoyance or inconvenience to Desk@theD acting reasonably or to any other user of the Building or to any neighbouring property;
• not display any advertisements or signs on the outside of the Premises or Building or which are visible from outside the Premises or Building unless Desk@theD
• not overload the floors or walls of the Premises;
• participate actively in improving energy and water efficiency in the Building and any communal parts, and make use of the recycling facilities provided;
• not make copies of the keys, and report immediately to us the loss of any such keys;
• respect the business, rights and wishes of other users of the Premises and Building and generally contribute to the spirit of mutual co-operation and support in the Premises and Building;
• not alter or install any wiring, IT or telecommunications connections without permission from us;
• keep the Premises and any work area you use in a neat and tidy condition;
• take good care of all parts of the Premises, the work areas, equipment and furniture, and not alter any of it without our written permission;
• not bring animals or pets into the Premises or Building, with the exception of guide and/ or hearing dogs, and;
• comply with security procedures which we will notify to you at the commencement of your Agreement together with any changes to such procedures which we notify to members from time to time.

6.2 Where we provide facilities that give you access to the Internet you must use these facilities in a manner consistent with reasonable professional business conduct. In particular, accessing or importing any of the following material is strictly forbidden and doing so will be regarded as a disciplinary matter which may lead to your Agreement with Desk@theD being revoked without refund or notice:

• pornographic, obscene or other sexually explicit material; information which is or could reasonably be construed as indecent or offensive;
• illegal material or material for a criminal purpose;
• material intended or likely to incite racial or religious hatred;
• material which infringes another party's intellectual property rights;
• material to gain unauthorised access to or for the corruption of our systems, data,
• networks or computer equipment or of other individuals and organisations;
• or gambling or soliciting for personal gain or profit.

6.3 You must adequately insure any employees who enters or uses the premises and all items which you leave in the Premises. You are advised to insure against all potential loss, damage, expense and liability.

6.4 Should you activate the intruder alarm in the building, we reserve the right to recover from you any call-out charges thus incurred.

7 Confidentiality

7.1 Each party agrees and undertakes that during the term of this Agreement and thereafter it will not disclose or use for its own purposes any confidential information relating to the other party.

7.2 The provisions of this clause shall remain in full force and effect notwithstanding any termination of this Agreement.

8 Indemnities

8.1 Other than in respect of death or personal injury arising from our negligence, you will keep us indemnified against all and any liability, claims, demands, proceedings, losses, damages, costs or expenses which may be incurred by us or raised against us as a result directly or indirectly of your use of the services including, but not limited to, those arising from loss or damage to the property of your employees, your customers or any person in any way connected with you or your business.

9 Limitation of Liability

9.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of us to you in respect of any claim whatsoever or breach of this Agreement whether or not arising out of negligence shall be limited to the total fees paid by you.

9.2 To the maximum extent permitted by applicable law, Desk@theD will not be liable for any loss sustained as a result of Desk@theD’s failure to provide a service as a result of any mechanical breakdown, strike, or termination of Desk@theD’s interest in the Building. The Customer expressly and specifically agrees to waive, and agrees not to make any claim for damages (direct, indirect, punitive, special or consequential) including, but not limited to lost business, revenue, profits or data for any reason whatsoever arising out of or in connection with this agreement, any failure to furnish any service provided hereunder, any error or omission with respect thereto, from failure of any and all courier service to deliver on time or otherwise deliver any items (mail, packages, etc.) or any interruption of services.

9.3 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees, permitted agents or authorised subcontractors.

10 Assignment

10.1 You shall not be entitled to assign your rights or obligations or delegate your duties under this Agreement nor share the benefits of this Agreement with anybody else without the written consent of Desk@theD.

11 Severability

11.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

12 Changing to a new Membership Agreement

12.1 The parties may at any time mutually agree upon and execute a new Membership Agreement. Any alterations in the scope of services to be provided under this Agreement shall be set out in the new Membership Agreement, which shall reflect the changed services and any other terms agreed between the parties and shall supersede the previous Membership Agreement.

13 Independent Contractors

13.1 Desk@theD and the Customer are contractors independent of each other, and neither has the authority to bind the other or to hold the other out to any third party or act in any way as the representative of the other.

14 Force Majeure

14.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to:

• acts of God
• strikes
• lock outs
• accidents
• war
• fire
• terrorist attack
• the act or omission of government, highway authorities or any telecommunications carrier
• or the delay or failure in manufacture, production, or supply by third parties of equipment or services and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

15 Governing Law and Jurisdiction

15.1 This Agreement shall be governed by and construed in accordance with the Law of Scotland and the parties agree that the courts of Scotland shall have jurisdiction in relation to any matters arising out of, or in connection with, this Agreement and, for those purposes, the parties irrevocably submit to the exclusive jurisdiction of those courts.