Dedicated Desk Terms and Conditions

Deep Space Coworking Service Agreement

Terms & Conditions

Acceptance of Terms

The services Deep Space provides to you are subject to the following Terms and Conditions (T&C). Deep Space reserves the right to update the T&C at any time without notice to you.

Deep Space membership application does not create a tenancy but a prepaid usage licence to use the provided amenities on a monthly or casual basis.

Description of Services

Deep Space may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the T&C.

No Unlawful or Prohibited Use

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 any Deep Space’s server or interfere with any other party’s use and enjoyment of any Services.

You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Deep Space server 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, nor should you post or download files that you know or should know are illegal or that you have no rights to.

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 T&C and no further authorization or approval is necessary. You further represent and warrant that your participation 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.

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, spamming, spimming or any duplicative or unsolicited messages (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 Deep Space servers.
  • Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, 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, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
  • Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
  • Restrict or inhibit any other user from using and enjoying the Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules).
  • Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party.
  • Violate any applicable laws or regulations; or
  • Create false identity for the purpose of misleading others.

Renewals and Terminations

This Agreement is automatically renewed at the end of each period with consent of each party.

The T&C must be adhered to at all times. Failure to follow T&C can result in non renewal or even early termination of the usage license. Deep Space reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the space rules. If this happens, Deep Space may, at its sole discretion, refund any amounts paid for unused periods that remain after deducting any pending charges, on a prorata basis.

Members may terminate this Agreement by giving a written notice of termination as established in this Agreement. Termination shall be in effect as of the end of that calendar month. Should Member not provide timely notice of termination to Deep Space then the Membership Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.

Invoicing and Payment

The member is automatically invoiced monthly in advance based on their membership option. Also included is any variable charges such as telephony usage that may have been incurred during the pervious period. Payment is required at the beginning of the month for that period, at the date specified in the invoice. Payment for casual usage is either paid on the day of use unless other arrangement have been made with Deep Space.

Information Disclosure

Deep Space reserves the right at all times to disclose any information about you Your participation in and use of the Services as Deep Space deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part in Deep Space’s sole discretion.

Confidentiality

You acknowledge and agree that during your participation in and use of the Services you may exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Deep Space or any participant of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Deep Space, any analyses, compilations, studies or other documents prepared by Deep Space or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.

Your participation in and/or use of the Services obligates you to

  • maintain all Confidential Information in strict confidence;
  • not to disclose Confidential Information to any third parties;
  • not to use the Confidential Information in any way directly or indirectly.

All confidential information remains the sole and exclusive property of Deep Space or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of Deep Space or any participant or user of the Services.

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 Deep Space 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.

Disclaimer of Warranties

To the maximum extent permitted by the applicable law, Deep Space 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: 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 the applicable law, in no event shall Deep Space or its parent companies, 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 and 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 Deep Space, and even if Deep Space has been advised of the possibility of such damages.

Limitation of Liability and Remedies

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Deep Space or its parent companies, subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to $100. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent premitted by applicable law, even if any remedy fails its essential purpose.

Indemnification

You release, and hereby agree to indemnify, defend and save harmless Deep Space and Deep Space parent companies, 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 attorney fees and costs incurred by Deep Space or its respective officers and agents in connection with the defense of such claim or lawsuit.

Severability

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

Insurance

Deep Space carries Liability and Business Personal Property insurance. As a user, you are not required but it is strongly suggested that you carry a Renters 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 Deep Space.

Office Rules

Successful coworking is a community effort. Deep Space and it’s community members have set forth these office rules. Members, guests or visitors that can not adhere to these rules may be asked to leave.

  • If you need to speak on the phone or audio/video chat, occasional short conversations in a quiet voice can be taken from your seat. If you have longer conversations or can not speak quietly, you should take your conversation outside of the office or in a location that does not disrupt other community members. Do not use speakers or speakerphone when working among other members.
  • Deep Space is to be used for business purposes during business hours.
  • Use your own stuff. Do not take or use anything that is not yours without permission.
  • Respect privacy. We are sharing a workspace, but we all need some privacy in our work. Do not read others screens, papers, whiteboards or other notes without being invited to do so.
  • Keep Deep Space clean. If you make a mess, clean it up immediately. Do not leave dirty dishes or trash laying around. If you find trash in or around Deep Space, please pick it up to help keep our workplace clean.
  • Internet Use. Deep Space provides a fast, multi-provider Internet connection to members. Do not abuse the internet bandwidth by performing frequent large uploads or downloads. Also, minimize the use of VoIP and streaming services. Do not host web server, FTP, torrent, bulk E-mailing(Spamming) or other hosted service from the Deep Space network. Any abuse of the network will result in your access being terminated.
  • Do not use the network or workspace for any illegal, immoral or elicit activities.
  • Respect other member’s time. Deep Space benefits from having a wide variety of experts that can help answer questions of deal with issues related to their area of expertise. If you are an expert, please participate in the community and contribute your expertise to the maximum extent possible. What comes around goes around. If you are seeking help, remember that time is money. If your request requires actual expense or more than a quick response, expect to compensate the member for their time.
  • Do not touch the thermostats. We try to keep the space comfortable. If you are uncomfortable please speak directly to a Deep Space manager. Unauthorized adjustments to any of the thermostats will result in a $100 fine.
  • No smoking is allowed on the Deep Space property. If you must smoke, go outside and away from the building entrances. Do not discard your used cigarettes, cigars, etc. on the ground. Extinguish it and put it in the trash. Keep our building and our town clean.
  • Keep the bathrooms clean. We clean the sink, toilets, walls and floors in the bathroom, so wipe up any mess you make. Don’t leave it for someone else to clean up.

Landlord Rules and Regulations

The Deep Space Lease Agreement contains the following Rules and Regulations. Deep Space members and visitors are subject to these Rules and Regulations.

  1. Do not place anything in/on sidewalks, entries, passages, corridors, stairways and elevators of Deep Space or Victorian Peaks property. If the landlord removes something you place on the property, you will be responsible for any related fees.
  2. Moving of furniture, equipment or supplies in or out of Deep Space requires prior approval. Any damage caused by moving items in or out of Deep Space are the responsibility of the Member.
  3. Roller skates, roller blades, skateboards, bicycles or other vehicles are not permitted inside the building. Please use the provided outdoor bicycle rack and carry skateboards, roller blades, etc. while inside the building.
  4. Except for animals assisting disabled persons, no animals shall be allowed.
  5. When leaving, please make sure doors are closed and securely locked.
  6. Water is precious and expensive. Do not leave faucets running for any reason
  7. No drilling of holes, cutting/adding wires or attaching objects to Deep Space or the Building Complex.
  8. Do not bring or carry guns, weapons, firearms, or the like (including concealed weapons), into Deep Space or the Building Complex.
  9. Do not obstruct or interfere with the rights of other tenants of the Building Complex, or of persons having business in the Premises, or in any way injure or annoy such tenants or persons.
  10. Tenant shall not commit any act or permit anything in or about Deep Space or Building Complex which may cause injury to any person or property.
  11. Tenant shall not use the Premises for lodging, sleeping, or for any immoral or illegal purpose or for any purpose that will damage Deep Space or the Building Complex, or the reputation thereof, or for any purposes other than those specified in the Member Agreement.
  12. Do not go canvassing, soliciting, or peddling to other tenants outside the Deep Space office.
  13. Do not leave any trash, refuse, cigarettes, or other substances of any kind within or out of Deep Space except in the refuse containers provided.
  14. The Common Areas outside of Deep Space are used by all tenants of the building and should be used respectfully. The landlord has the authority over the use of these spaces. Do not enter the mechanical rooms, air conditioning rooms, electrical closets, or similar areas or go upon the roof of the building.
  15. Washrooms, restrooms and plumbing fixtures should not be used for any other purpose than the purposes for which they were constructed. Do not put any sweepings, rubbish, rags or other improper substances down any drain. All drain water is pumped out of the office. If you cause damage to the drain pump, you will be liable for the repair costs.

Cobot Terms and Conditions

Cobot is the web platform used by Deep Space to provide this website.

Terms of Service Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. Cobot may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Cobot service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

Description of Service Cobot is an application to manage coworking spaces (the "Service") from Upstream - Agile GmbH ("upstream). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. upstream disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. upstream also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

Personal Use The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. upstream reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by upstream; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. upstream reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Content of the Service upstream takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does upstream have any obligation to monitor such third party content. upstream reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. upstream also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of upstream, its users and the public. upstream will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Intellectual Property Rights upstream’s Intellectual Property Rights. You acknowledge that upstream owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "upstream Rights"), and such upstream Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The upstream Rights include rights to (i) the Service developed and provided by upstream; and (ii) all software associated with the Service.

Your Intellectual Property Rights upstream does not claim any ownership in any of the content that you upload, transmit or store in your Cobot account. We will not use any of your content for any purpose except to provide you with the Service.

Representations and Warranties You represent and warrant that (a) all of the information provided by you to upstream to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Privacy As a condition to using the Service, you agree to the terms of the Cobot Privacy Policy as it may be updated from time to time. upstream understands that privacy is important to you. You do, however, agree that upstream may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Cobot Privacy Policy.

Account Inactivity After a period of inactivity, whereby a user fails to log in to an account for a period of nine months, Cobot reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.

Privacy As a condition to using the Service, you agree to the terms of the Cobot Privacy Policy as it may be updated from time to time. upstream understands that privacy is important to you. You do, however, agree that upstream may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Cobot Privacy Policy.

Termination; Cancellation You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to upstream at https://Cobot.me/pages/imprint; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Cobot may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless upstream has previously canceled or terminated your use of the Services (in which case subsequent notice by upstream shall not be required), upstream will notify you via email of any such termination or cancellation, which shall be effective immediately upon upstream’s delivery of such notice. Sections 3, 4, 5, 7, and 9 – 11 of the Agreement shall survive expiration or termination.

Indemnification You agree to hold harmless and indemnify upstream, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, upstream will provide you with written notice of such claim, suit or action.

Choice of Law; Jurisdiction These Terms of Use will be governed by and construed in accordance with the laws of the State of Germany, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Germany, and you consent to the jurisdiction of such courts.

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