1. FACILITIES AND SERVICES

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(a) In consideration of the payment by the Member of the Plan Fee specified overleaf, Apex Space 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: Apex 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) Apex 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 Apex Space'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 Apex Space to be held for Member’s collection and complimentary email notification of mail and courier.

(i) Under the Business Address Plan, the Member is entitled to use of Apex Space business address for company registration.

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

 

2. SIGN UP AND BILLING

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(a) For all Virtual Office Plans, Apex Space 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) Where relevant, members who select to pay invoices by credit card irrevocably authorises Apex Space, 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.

(c) 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.

(d) 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 Apex Space.

(e) 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 Apex Space shall be entitled to:

(i) Suspend partial or all services provided by Apex Space 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 Apex Space from the Member.

(v) Charge a reactivation fee

(f) The Member shall pay all sums due to Apex Space 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.

 

3. REFUNDS

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No refunds available.

 

4. MEMBER’S RIGHTS AND RESPONSIBILITIES

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The Member shall not:

(a) Impede or interfere with Apex Space’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 Apex Space’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 Apex Space. Without prejudice to any rights or remedies that Apex Space may have for any breach of the foregoing if the Member shall employ directly or indirectly any member of Apex Space’s staff during such period the Member shall pay to Apex Space 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) In the event the Member damage any of the decorations, fixtures and fittings or other equipment in the Centre. Apex Space shall have the right to claim from the Member the cost of repairing such damage.

(e) Be entitled to any compensation as a result of any failure of data security or computer systems or as a result of Apex Space 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 Apex Space for the management of the Centre.

(b) Indemnify Apex Space and its respective officers, employees and agents, from all claims, liability, or loss, and all damages and costs incurred by Apex Space 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 Apex Space within the Unit.

(c) Acknowledge that Apex Space is not responsible for the theft of or damage to any equipment, chattels or goods.

(d) Give written notice to Apex Space 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.

 

5. GENERAL

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(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 Apex Space 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 Apex Space 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 Apex Space.​