Coworking Terms and Conditions
Acceptance of Terms and Standards
The services Shift Work provides to you are subject to the following Terms and Conditions (T&C) and Shift Work Standards. Shift Work reserves the right to update the T&C and Standards at any time without notice to you though we will do our best to give notice of any changes should they happen.
Shift Work membership application does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis.
Description of Services
Shift Work 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 Shift Work’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 Shift Work 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:
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. Shift Work 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, Shift Work will refund any amounts paid for unused periods that remain after deducting any pending charges, on a pro-rata 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 Shift Work 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 copier 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 Shift Work.
Shift Work may disclose your participation in and use of the services
Your participation in and use of the Services as Shift Work 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 Shift Work 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 Shift Work or any participant of used 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 Shift Work, any analyses, compilations, studies or other documents prepared by Shift Work 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
All confidential information remains the sole and exclusive property of Shift Work 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 Shift Work 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 Shift Work 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,, Shift Work 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 Shift Work or its 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 Shift Work, and even if Shift Work 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 Shift Work or its 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 [enter amount]. 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.
Non-Disparagement
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Shift Work, or any of Shift Work officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
Indemnification
You release, and hereby agree to indemnify, defend and hold harmless Shift Work and Shift Work 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 Shift Work 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
Shift Work 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 Shift Work.
_____________________________________________
Shift Work Co(mmunity)-Working Standards:
We are happy to have you join us and start working together. We believe that You are a big part of what makes working here great; and when joined with a community of supportive and creative people, just imagine what We can accomplish together...!
Saxapahaw and Co-working are based on community- using shared spaces together in a productive and creative way- and we ask for a couple of general courtesies along the way so that we can all take pride in our work, environment, and relationships.
Shift Work a DBA under River Mill Works, LLC was created to provide creative and productive work space for people wanting to work in Saxapahaw. We provide members access to a work space - chairs, tables, internet, and printer/copier in exchange for a membership fee based on the level of usage. By joining Shift Work, you agree to these standards we have identified to make this relationship a positive and lasting one. In general, you agree to participate in taking care of this space, this working culture, and one another.
What you are agreeing to:
I agree to the Terms and Conditions and Shift Work Community Standards and do my best to take pride and ownership in this endeavor.
________________________________________ _____________________
Signature Date
________________________________________
Name (printed)
The services Shift Work provides to you are subject to the following Terms and Conditions (T&C) and Shift Work Standards. Shift Work reserves the right to update the T&C and Standards at any time without notice to you though we will do our best to give notice of any changes should they happen.
Shift Work membership application does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis.
Description of Services
Shift Work 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 Shift Work’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 Shift Work 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 Shift Work 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. Shift Work 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, Shift Work will refund any amounts paid for unused periods that remain after deducting any pending charges, on a pro-rata 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 Shift Work 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 copier 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 Shift Work.
Shift Work may disclose your participation in and use of the services
Your participation in and use of the Services as Shift Work 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 Shift Work 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 Shift Work or any participant of used 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 Shift Work, any analyses, compilations, studies or other documents prepared by Shift Work 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;
All confidential information remains the sole and exclusive property of Shift Work 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 Shift Work 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 Shift Work 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,, Shift Work 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 Shift Work or its 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 Shift Work, and even if Shift Work 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 Shift Work or its 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 [enter amount]. 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.
Non-Disparagement
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Shift Work, or any of Shift Work officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
Indemnification
You release, and hereby agree to indemnify, defend and hold harmless Shift Work and Shift Work 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 Shift Work 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
Shift Work 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 Shift Work.
_____________________________________________
Shift Work Co(mmunity)-Working Standards:
We are happy to have you join us and start working together. We believe that You are a big part of what makes working here great; and when joined with a community of supportive and creative people, just imagine what We can accomplish together...!
Saxapahaw and Co-working are based on community- using shared spaces together in a productive and creative way- and we ask for a couple of general courtesies along the way so that we can all take pride in our work, environment, and relationships.
Shift Work a DBA under River Mill Works, LLC was created to provide creative and productive work space for people wanting to work in Saxapahaw. We provide members access to a work space - chairs, tables, internet, and printer/copier in exchange for a membership fee based on the level of usage. By joining Shift Work, you agree to these standards we have identified to make this relationship a positive and lasting one. In general, you agree to participate in taking care of this space, this working culture, and one another.
What you are agreeing to:
- Working. Shift Work is, first and foremost, a place to work. While we want our community to be: a) open, fun, and collaborative, we also want it to be b) professional. Members are responsible for properly balancing a) and b).
- Courtesy. Being nice is good too. Always be aware that you have people working around you. If you need to be on the phone for a while, head to the copy room or coffee shop...if you need to eat a meal at your desk, just know that others may be strongly adverse to your food choices/odors/eating style...if you would like to have a conversation with another co-worker make sure they and others around you are not compromised (also might best take this longer conversation to the coffee shop)...if you work well with music, wear headphones that allow you (and not everyone around you) to enjoy your music happily.
- Connecting without creeping. We encourage Shift Work members to make connections, collaborate, share ideas, provide advice, and generally make cool stuff happen. It’s perfectly fine for Shift Work members to buy/sell goods and services from each other (except where prohibited under the Terms of Use). But members may NOT spend their days directly soliciting other members. It’s just annoying and may result in cancellation of your membership
- Owning your actions. We expect you to assume responsibility for the actions or inactions of yourself and any guest(s) you brought through the door that may have caused harm or damage. You agree to own up to it and cover any related costs.
- Honesty. Everyone at Shift Work is a paying member, whether that’s long term or a half day pass. The only exception to this rule is if a member is hosting a non-member for a meeting, and these members are most certainly responsible for their guests. Shift Work keys and memberships are non-transferrable. It would not be cool to allow someone access who hasn’t gone through the proper steps. Please do not make a copy of your key or try to sneak anyone in, otherwise we will revoke your membership.
- Collaboration. Access to a conference room or area whether it be in the Shift Work space (as space allows) or in the Art Lab ‘Meet Locker’ is on a reservation basis and several rules apply:
- You must reserve your time on the sign-up sheet when you would like private use of that space ahead of time, though, if it’s empty and no one has signed up for it, feel free to to use the space until a reservation arrives.
- Be especially considerate of the time you have while you have reserved the room...exceeding your time limit may communicate a message to others you are not wishing to convey.
- Conference or meeting room times are for members and their customers, clients, or teammates ONLY. Time in these spaces may not be transferred or donated to non-members.
- If you are looking to hold an event in one of these spaces, please schedule that with a Manager as we will need to coordinate schedule, guest policy, insurance requirements and fees. We are not establishing barriers, but we are wanting to make sure everything is safe and successful.
- Clean up after yourself. If you re-arrange furniture, please return it to it’s starting position. And if you have made a mess that requires cleaning implements, see them out in the cleaning supplies closet to best assist your clean-up process.
- Pets and children. Even though we love them, we can’t allow children, dogs or other pets in the work spaces, (except a service animal). They are just too distracting for everyone.
- Smoke-free. Shift Work and the building it resides in is a smoke-free facility. Please smoke 20 feet away from the building, and never near any doors, windows, or under awnings. This includes vapor cigarettes, e-cigarettes, and any other version of inhaling and exhaling a matter additional to air via your lungs. Also, please no chewing tobacco (see Courtesy section for reasoning).
- Hydration. Stay hydrated while working, it’ll improve your work quality. We provide a hot and cold water dispenser for your hydration convenience. Please respect it and note that hot water is HOT. Also, feel free to empty the overflow tray if you see it getting full, or wipe it down if you notice it getting dirty. This shared responsibility makes life easier for everyone.
- Printing/Copying Responsibly. If you do not know how to use it, please seek help. You will be charged for each page you print/copy and while errors and learning curves happen, we may be able to minimize them or make them less cumbersome respectively. Also, consider our environment and attempt to minimize unnecessary printing.
- Our environment matters to us. We ask that you make smart decisions when headed to the trash and recycle bins, are the last one out of a space and can turn off the lights, be understanding when our heat/ac might allow for a more layered clothing style, and being aware of printing paper in excess. We use cleaning materials that are more environmentally friendly, let us know if you see complications with this. Also, as we mentioned before, we are a working community within the Saxapahaw community, so if you see some trash or tidying feel free to help out with that...small actions like these go a long way in contributing to a great place.
- Respect the confidentiality. You might be privy to new and interesting information about Shift Work, Art Lab, or business information from any number of the fellow co-workers...it’s your job to keep any confidential info just that - confidential. So, when sharing valuable info with each other, also clearly state when a matter is confidential.
- Accountability. We provide you a service and you provide us with payments, it’s what allows us to buy paper and toilet paper, and electricity. If you cannot provide this payment by the first day of every month or term of service, whether it be declined or otherwise, we ask that it be paid within 48 hours. A lack of accountability will be cause for a cancelled membership.
- Insuring success. Shift Work and Art Lab will carry Liability and Business Personal Property insurance. As a user, 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 Shift Work or Art Lab.
I agree to the Terms and Conditions and Shift Work Community Standards and do my best to take pride and ownership in this endeavor.
________________________________________ _____________________
Signature Date
________________________________________
Name (printed)
