ESCRITOIRE TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT (THIS “CONTRACT”) BETWEEN YOU AND Escritoire. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND Escritoire ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 17 “AGREEMENT TO ARBITRATE”).
IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF SERVICE, THEN YOU ARE NOT AUTHORIZED TO USE, AND YOU MUST NOT USE, THIS WEBSITE OR ANY OF COMPANY’S SPACE OR SERVICES.
If you have any questions regarding this Contract, please contact us via our Website (www.escritoireinc.ca).
Company reserves the right to change the terms of this Contract, including the associated Schedules, from time to time. We will give notice of changes to Members in a timely manner. Unless we designate a different date for effectiveness, such changes will be effective with respect to the Website from and after the date the updated Contract is posted to the Website and with respect to Services provided to a Member from and after the earlier of the date that (i) the Member expressly accepts such revised version and (ii) the renewal of such Member’s Membership Plan
“Building Owner” means the owner of any building in which a Space is located.
“Company”, “Escritoire ”, “we” or “us” means Escritoire Coworking Space, Inc.
“Contract” means these Terms of Service and the Schedule(s) hereto, whether made available in print or electronically through Company’s Website. The Schedule(s) are an integral part of this Contract.
“Member” means a person registered as a Member for one of our Membership Plans. You are “Member” if You are registered as such under one of our Membership Plans.
“Membership Plan” means the membership plan selected and agreed by the Member via our Website, as such plan is described on the Website when selected and agreed, whether a trial offer or paid subscription.
“QR Code” means the quick response code issued by the Company to the Member for purposes of accessing the Space and utilizing services made available by the Company. The Company may update the QR Code on a daily or other basis.
“Rules” mean all the rules, regulations, guidelines or policies of Company related to a Member’s use of any Space or the Company services, whether set forth in this Contract, appearing elsewhere on Company’s Websites or otherwise issued from time to time, including the rules and regulations set forth on Schedule 1 attached hereto.
“Space” means the space(s) available for use by a Member under the terms of the Member’s Membership Plan.
“Schedules” mean all the schedules, rate plans and polices referenced in or incorporated into this Contract.
2.3 Login Credentials: Login credentials will be provided by Escritoire to Members (“Login Credentials”). You agree that You are solely responsible for protecting Your Login Credentials from unauthorized use, maintaining the confidentiality of Your Account and password, and You agree to accept responsibility for all activities that occur under Your Login Credentials. You agree to notify us immediately if You believe that any of Your Login Credentials has been or may be used without Your permission so that appropriate action may be taken. You may not (i) create more than one account to access the Website, (ii) share Your Login Credentials with any third party, or (iii) transfer Your account to any third party. Escritoire is not responsible for any loss or damage caused by, or expense incurred by You, as a result of Your failure to safeguard Your Login Credentials. If You cease to be a Member pursuant to the terms of this Contract, Your Login Credentials may be revoked.
3.1 For Members, this Contract is a space-sharing service subscription contract offered by the Company or one of its subsidiaries, but it does not in itself confer any right to use any Space. A Member may only use a Space, to the extent available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges.
3.2 Company is the owner or lessee of any item it provides to the Member or puts at the Member’s disposal during the term of this Contract, including specifically and without limitation, all furniture and equipment, mobile and web-based applications. The Member’s use of and rights in relation to any space or item provided by Company under this Contract are limited to those rights of use stated in this Contract.
4.1 To be eligible for our service, the Member must:
(a) Be at least 21 years of age; and
(b) Accurately, truthfully and fully complete the application process with Company and deliver all information and documents requested in the application or otherwise.
4.2 Satisfying the foregoing criteria does not automatically give an applicant the right to become a member of Escritoire Club. Acceptance of the applicant’s membership is subject to approval by the Company in its sole discretion, and, without limiting the foregoing, membership may be denied based upon additional criteria established from time to time by the Company. In addition, even if approved for membership, a Member may be restricted from using certain Spaces based upon the membership plan selected by the Member.
5.1 Subject to the terms and conditions of this Contract, Company hereby grants Member a license to use the Spaces available under the Member’s Membership Plan, as posted on the Company’s Website. Company has the right to change the Spaces from time to time (including adding and deleting Spaces) upon notice to Members given in accordance with the terms and conditions of this Contract. Member shall not have the right to use any Space or any of the Company’s services except those included in the Member’s Membership Plan
5.2 Member shall have the right to access and use each Space during normal business hours and during other hours as the respective Building Owners shall determine. Member shall be provided with a QR Code for purposes of accessing each Space. Member shall not make his/her QR Code available to any other person without a prior written consent of the Company.
6.1 For general public users of the Website, this Contract shall be in effect for the duration of users’ access to the Website; provided that the Company may terminate this Contract, and access, at any time and for any or no reason.
6.2 For each Member, this Contract shall commence with respect to a membership upon the acceptance by the Company of the Member’s completed membership application and the payment by the Member of any applicable fees. The terms of this Contract shall continue until membership is canceled in accordance with this Section 6. A Member may terminate membership at any time via the membership termination option provided on our Website. No monthly, annual, application, verification or similar fee will be refunded in the event of termination by the Member, except as specifically provided in this Contract. In addition to the termination provisions set forth in Section 6.3 below, Company may terminate this Contract at any time upon no less than seven (7) days’ notice to the Member without cause, in which event, if the Member is on a monthly membership plan, the Company will refund a prorated portion of the Member’s monthly membership fee. With respect to any termination or cancellation of this Contract, the Member shall remain responsible for any fees, costs or expenses incurred prior to termination of this Contract.
6.3 Company may also, upon notice to the Member, immediately terminate this Contract if the Member (a) fails to pay any sum due under this Contract, (b) fails to comply with any term or condition specified in the Contract or any Rules, (c) is involved in an incident at, about or in connection with any Space that, in Company’s discretion, renders the Member ineligible or inappropriate for continued membership, (d) engages in any activities or conduct that Company, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or (e) is not paying the Member’s debts as such debts generally become due, becomes insolvent, files or has filed against the Member a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the Member’s property or business. No membership or other fees will be refunded in the event of termination pursuant to this Section 6.3.
6.4 Upon termination of a Member’s membership, all of the Member’s rights to use any Space or the Company’s services shall immediately terminate. The Member agrees to immediately return all company belongings that the Member has in possession. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Company)
7.1 Member shall use the Space for general office use only, in accordance with the terms and conditions of this Contract and any Rules therefor designated by the Company from time to time.
7.2 Member’s license to use any Space shall be subject to the terms of any lease or other agreement between the Company and the respective Building Owner. In the event of termination of any such lease or other agreement, the license granted herein to the Member shall terminate automatically with respect to such Space. Member agrees to abide by all rules and regulations of the Building Owner of each Space.
7.3 Member shall not be entitled to use of any particular space except for any particular seat/area reserved by Member in accordance with its Membership Plan. Member may also use any “walk-in area” in common with other Escritoire Members on a first-come, first-served basis.
7.4 Member shall not be entitled to (and shall not) host or conduct any meeting with any person other than another Escritoire Member at any time within any Space, unless Member has reserved a conference room for such meeting and paid the additional service charge in connection therewith, if any, pursuant to its Membership Plan.
8.1 The Member will pay Company all application and membership fees and additional charges associated with the Member’s Membership Plan. Application fees (if applicable) are not refundable, regardless of whether or not the application is accepted by Company or a Member’s membership terminates, and new application fees may be payable if a new membership application is resubmitted more than thirty (30) days after a Member’s account with Company is closed. If Membership Plan includes an annual or monthly fee, your initial membership fee will be due and payable upon membership approval, regardless of whether you utilize your QR Code, and is not refundable if you terminate your membership within the first thirty (30) days following membership approval. Certain restrictions may apply as provided on our Website.
8.2 Certain Membership Plans renew every month. Following approval of the Member by Company for a monthly renewal plan, the Member’s credit or debit card will be automatically charged in accordance with his/her Membership Plan, even if the Member does not utilize his/her QR Code. Monthly payments associated with such plans are non-refundable
8.3 The Member is required to pay all fees and costs incurred when due, including, without limitation, application fees, membership fees (which are automatically charged when due), additional charges, sales and other taxes and levies, and other costs and fees as provided in the Rules and Regulations of the Member’s Membership Plan. Members are billed for amounts due via credit or debit card or other means as established by Company. Any Member account which is past due will be suspended; however, any reservations booked in advance shall still be charged to the Member if not timely cancelled by the Member. If payment of any due amount is rejected by the credit or debit card company provided by the Member, membership and the use of any Space of the Company, will be suspended. Member is responsible for providing and maintaining current credit card or debit card information on file with Company. Ongoing issues with credit or debit card billings may result in termination of membership. Under no circumstances will the Company be responsible for any overdraft or other fees charged by a Member’s credit card company. For past due accounts, Company may change when payment is due and/or terminate the Member’s account. In addition, Company may utilize third parties to collect amounts owed to Company by a Member and the Member will be responsible for any collection of fees associated with these collection activities.
8.4 Member is responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls, email correspondence and social media communications with Company may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails and social media communications.
8.5 Fees and charges assessed to Member hereunder shall not be subject to any setoff, abatement or deduction for any reason whatsoever, except for gross negligence or intentional misconduct of the Company.
9.1 Internet Service. The Company shall provide a Wi-Fi connection at each Space.
9.2 Other Utilities. Electricity for normal office use and hot and cold water in the lavatories appurtenant to each Space shall be made available by Company, subject to performance by Building Owner of its obligations under the Prime Agreement.
9.3 Interruption of Services. The Company shall not be liable for any interruption of Wi-Fi services, utilities or other services at any Space, and Member shall not be entitled to any refund or other abatement of fees or charges in the event of any such interruption of services.
10.1 No assignment of this Agreement or sublicensing of any Space or any part thereof shall be made by Member, and any purported assignment or sublicensing shall be null and void and of no force or effect.
10.2 Except as expressly provided in the Member’s Membership Plan, neither all nor any part of Member’s interest in any Space granted hereunder may be encumbered, assigned, or transferred, in whole or in part, either by any act of Member or by operation of law.
10.3 Member shall not permit or suffer any Space to be used by any person claiming by, through or under Member.
11.1 Website Content. All of the content on this Website, including without limitation the images, graphics, information, text, data, links, as well as the underlying software, networks and systems that support this Website and other material accessible through the Website or Services (“Content”) is owned by or under license to the Company and is protected by applicable trademark, copyright, or other rights. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. Escritoire reserves the right to make changes to document names and content, descriptions or specifications, or other information, without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this Website, subject to the following conditions: (i) You may only use the Content for internal informational purposes in compliance with all laws and regulations that apply to You; (ii) You may not reproduce or transmit any part of this Website or its Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose; (iii) You may not modify, alter, or prepare derivative works based on the Content, or distribute copies of or publicly perform or display the Content, including without limitation by posting the Content on any network computer or distributing the Content on or in any media; (iv) You may not remove copyright, trademark, and other proprietary notices from the Content. Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, except: (a) as expressly permitted by this Contract; or (b) with the Company’s prior written permission or the permission of the third party that owns the trademark or copyright of the Content displayed on this Website.
11.2 Copyright Infringement; Notice and Take Down Procedures. If You believe that any Content on this Website infringes Your copyright, you may request that such Content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (i) identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (ii) identification of the Content that You believe to be infringing and its location, including a description of the Content, and its Website location or other pertinent information that will help the Company to locate such Content; (iii) Your name, address, telephone number and email address; (iv) a statement that You have a good faith belief that the complained use of the material is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in Your claim is accurate; and (vi) a statement that “under penalty of perjury,” You declare that You are the lawful copyright owner or authorized to act on the owner’s behalf. The Company’s agent for copyright issues related to this Website is: Copyright Agent, Escritoire Coworking Space, Inc.
642 De Courcelle ; Suite 303; Montreal, Quebec, H4C 3C5. In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of Users of this Website who repeat infringers.
burden on the network, software or hardware infrastructure of the Website. You are prohibited from manipulating, by any means, the price of any Services offered on the Website (including without limitation through the use of an alias or decoys or by placing false offers for the sale or purchase of Services). Furthermore, you shall not disrupt or otherwise interfere in any way with another User’s participation on the Website. By accessing the Website, or Escritoire’s online messaging service, Rating system, or any other Service provided through the Website, you shall abide by the following standards of conduct. You shall not, and will not authorize or facilitate any attempt by another person, to use the Website or any of the Services to: (i) transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Escritoire; (ii) circumvent or manipulate Escritoire’s fee structure, the billing process, or fees owed to Escritoire; (iii) use a name or language that Escritoire, in its sole discretion, deems offensive; (iv) post false, inaccurate, misleading, defamatory, or libelous content (including without limitation personal information); (v) post hateful or racially or ethnically objectionable Content; (vi) post Content which infringes another’s copyright, trademark or trade secret; (vii) post unsolicited advertising or unlawfully promote products or services; (viii) take any action that may interfere with other members use of the Website or other members use of the Services; (ix) harass, threaten or intentionally embarrass or cause distress to another person or entity; (x) impersonate another user or member; (xi) exploit or solicit personal information from children under 18 years of age; (xii) introduce viruses, worms, Trojan horses and/or harmful code into the Website; (xiii) obtain unauthorized access to any computer system or Confidential Information through the Website; (xiv) harvest or otherwise collect information about Users, including email addresses, without their consent; (xv) invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age); (xvi) violate any federal, state, local, or international law or regulation; or (xvii) encourage conduct that would constitute a criminal or civil offense.
13.1 To the fullest extent permitted by law, Company shall not be liable or responsible to You for:
(a) any injury or damage resulting from the acts or omissions of Company or any of Company’s employees, other persons licensing space or services from Company, or other persons (including, without limitation, any Escritoire Member) using or occupying any part of any Space;
(b) any failure of any services to be provided, including, without limitation, water, gas, electricity or telephone service or any cleaning or security service;
(c) any consequential, exemplary, punitive or other indirect damages or any loss of profits, loss of data or loss of business damages; or
(d) any injury or damage to person or property caused by any person.
13.2 All personal property of Member in any Space shall be at the sole risk and hazard of Member and if the whole or any part thereof shall be lost, destroyed or damaged by fire, theft or otherwise, no part of said loss or damage is to be charged to or borne by Company, and Member agrees to indemnify, defend and hold Company harmless from and against any and all liabilities, obligations, penalties, claims, costs, charges and expenses, including, but not limited to, attorneys’ fees, based upon or arising out of the foregoing.
13.3 In no event shall any member partner, employee or agent of Company have any liability hereunder, and Member shall not seek personal recourse against any such parties or their personal assets.
14. Your Liability. You shall indemnify, defend, indemnify and hold harmless Company and Company’s member partners, agents and employees from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, but not limited to, attorneys’ fees, which may be incurred by Company or such other indemnified parties by reason of, or arising directly or indirectly from, out of, or in connection with, any negligent or otherwise wrongful act or omission of or by You, Your agents, employees or invitees in or about any Space or Building, or any failure on Your part to perform or comply with any of the terms, conditions or provisions of this Contract.
(i) any change with respect to any Space or any Rules shall be deemed to have been given if posted on our Website; and
(ii) any other matters pertaining to this Contract shall be deemed to have been given if sent to Member at the email address provided by Member to the Company pursuant to our Website.
(iii) Any notice from the Member to the Company shall be deemed to have been given if sent pursuant to the email address for the Company provided on our Website.
You may opt out of this Agreement to Arbitrate. If You do so, neither You nor Escritoire can require the other to participate in an arbitration proceeding. To opt out, you must notify Escritoire in writing within 30 days of the date that You first became subject to this arbitration provision. The opt-out notice must state that You do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your Escritoire account to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way You can opt out of the Agreement to Arbitrate. You must use this address to opt out:
Escritoire coworking space, Inc. ATTN: 642 De Courcelle ; Suite 303; Montreal, Quebec, H4C 3C5. This Arbitration section will survive the termination of Your relationship with Escritoire.
18.1 Jurisdictional Issues. Escritoire makes no representations that information on this Website is appropriate or available for use outside Canada. If You choose to access this Website from outside Canada, you do so on Your own initiative and at Your own risk and You agree and acknowledge that You are responsible for complying with all applicable Canada laws as well as Your local laws and regulations. If You transact business through this Website with a party that is located outside Canada, you agree and acknowledge that You do so voluntarily, that You are responsible for complying with all applicable Canada laws as well as any local laws and regulations that may impact Your transaction, and You understand that Escritoire disclaims all responsibility related to such transaction.
18.2 Severability. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
18.3 Remedies Cumulative. All rights and remedies which Company may have under this Contract, and at law or in equity, shall be cumulative and shall not be deemed in consistent with each other, and any two or more such rights and remedies may be exercised at the same time and so far as permitted by law.
18.4 Entire Agreement. These Terms of Service constitute the entire agreement between, or, as appropriate, among, the Parties relating to the subject matter herein. Escritoire may, at Escritoire’s sole discretion, revise these Terms of Service at any time by updating this posting and providing reasonable notice to You.
18.5 Additional Information. If You have any questions about this Contract, please contact info@Escritoireinc.ca
Copyright © 2018, Escritoire Coworking Space, Inc. All Rights Reserved.
SCHEDULE 1 RULES AND REGULATIONS
Escritoire LOCKER SUPPLEMENTAL TERMS
Thank you for participating in the Escritoire Locker Program, a service offered by Escritoire that allows Members to rent a locker (“Locker”) at Space, using the Space address. These Escritoire Locker Services Supplemental Terms (“Locker Services Terms”) for the Escritoire Locker Program (“Service” or “Services”) supplement the Escritoire Terms of Service located at https:// Escritoireinc.ca/terms.pdf (the “Terms”). The Locker Services Terms, along with such Terms, constitute a binding, contractual agreement between you, an individual user (and/or the organization with which you are affiliated) and Escritoire Coworking Space, Inc. (“Company”, “we”, “us”) regarding your use of the Service. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Terms.
THESE LOCKER SERVICES TERMS AND THE TERMS GOVERN YOUR USE OF ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE BY US OR OBTAINED BY YOU AS PART OF THE SERVICE. EVERY TIME YOU USE THE SERVICE, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS. BY USING THE SERVICE, YOU AGREE TO THESE TERMS.
We may at its sole discretion modify these Locker Services Terms on a going-forward basis. We will post notice of date of the most recent update above.Locker Services. Subject to payment by Member of the applicable Services fees, Company grants Member the right to access and use one (1) or more locker(s), as applicable, and as designated by Company, for Member’s storage purposes, at a location designated by the Member (“Primary Location”) during the sign-up process (“Locker”). Member shall only have access to the Locker during the normal business hours (both staffed and unstaffed) of the Primary Location. As part of the Services, provided Member has subscribed to at least one (1) Locker, Member shall have the right to access and use, subject to availability, a locker, on a short-term basis (less than one day) at any other Company location during their normal business hours (“Secondary Locations”). Member’s use of its Locker and any locker at a Secondary Location shall be subject to these Locker Services Terms. Member shall not store any perishable contents in the Locker, or otherwise use the Services for any purpose which, in Company’s opinion, may be deemed to be illegal, illegitimate, fraudulent, obscene, or dangerous. Company shall have the right, at its discretion, to access and/or search and/or clear the contents of the Locker in the event Company believes that Member is in breach of these Locker Services Terms
ESCRITOIRE MAILING SERVICES SUPPLEMENTAL TERMS
Thank you for participating in the Escritoire Mailing Services Program, a service offered by Escritoire that allows Members to send and receive mail, letters or packages (“Mail”) at Space, using the Space address. These Escritoire Mailing Services Program Supplemental Terms (“Mailing Services Terms”) for the Escritoire Mailing Services Program (“Service” or “Services”) supplement the Escritoire Terms of Service located at https:// Escritoireinc.ca/terms.pdf (the “Terms”). The Mailing Services Terms, along with such Terms, constitute a binding, contractual agreement between you, an individual user (and/or the organization with which you are affiliated) and Escritoire Coworking Space, Inc. (“Company”, “we”, “us”) regarding your use of the Service. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Terms.
THESE MAILING SERVICES TERMS AND THE TERMS GOVERN YOUR USE OF ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE BY US OR OBTAINED BY YOU AS PART OF THE SERVICE. EVERY TIME YOU USE THE SERVICE, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS AND THE TERMS. BY USING THE SERVICE, YOU AGREE TO THESE TERMS.
We may at its sole discretion modify these Mailing Services Terms on a going-forward basis. We will post notice of date of the most recent update above.