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Our Terms of Service

These are our terms of service, which apply to the Membership.  If two or more of you have signed this Agreement your liabilities are joint and several.  This Agreement supersedes any previous agreement you may have had with us for the same services and contains all the terms agreed.

DEFINITIONS

In this document unless expressed or implied to the contrary:

 

Additional Services means the services referred to under the clause of this Agreement headed ‘CoWork Plus (additional fee)’.

Agreement means this Membership, including the Proposal, Terms & Conditions and any applicable addendums executed by the Parties.

Business Name means the business name referred to in Item 1

Space means the Spaces and Premises referred to in Item 2.

Christie Spaces means any of the below:

Christie CoWork Pty Ltd, ABN: 91 616 283 884

Remco Properties Pty Ltd ABN 93 223 818 265

Christie System Services Pty Ltd ABN 91 216 872 161

N E Christie Pty Ltd ABN 11 151 154 476

Commencement Date means the commencement date of the Term as detailed in Item 2.

Common Area means any area which is not in a Private Office or Open Office.

GST means goods and services tax payable by any party pursuant to the provisions of A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).

Interest Rate means the interest rate which the Federal Court of Australia uses for Post-Judgement default. This is the Reserve Bank of Australia cash rate plus 6% - http://www.fedcourt.gov.au/forms-and-fees/interest-rates

Make Good means restoring the Premises to the condition they were in prior to the Commencement Date (including the reinstatement of any works undertaken by Christie Spaces or the Member), cleaning and removing all rubbish from the Premises, painting the walls with two coats of premium quality paint in a colour nominated by Christie Spaces, putting the carpet or other floor coverings in good repair (including where directed by Christie Spaces steam cleaning any carpets and staining, varnishing or polishing any flooring) and making good any damage caused to the Premises by the Member.

Member means the party referred to in Item 1.

Membership Allowances means the membership allowance, fee concession or the like, if any, specified in the Monthly Meeting Room Points and Printing Allowances Addendum.

Membership Fee means Membership fee and any other fees specified in Item 2 and in the Agreement.

Normal Business Hours means 8.30am to 5.30pm Monday to Friday, excluding public holidays.

Notice means written notice.

Parties means Christie Spaces and the Member.

Premises means the premises referred to in Item 2.

Primary Representative means the authorised on premises member contact between Christie Spaces and the Member.

Proposal means the document sent to the Member by the Christie Spaces employee detailing the proposed terms of this agreement.

Security Deposit means the security deposit referred to in Item 2.

Services means Standard Services and Additional Services.

Off Peak Period means all times outside the standard meeting room times.

Spaces means Private Office, Open Office (Dedicated Desk) or Hot Desk or any other Space or Accommodation referred to in Item 2.

Term means the period of time which the agreement is enacted which is listed in Item 2.

Provision of Services

Christie Spaces employees may enter the Private Office or Open Office area at any time.  However, unless there is an emergency Christie Spaces will as a matter of courtesy, try to inform the Member in advance when access is required to carry out testing, repairs or works other than routine inspection, cleaning and maintenance.  Christie will also respect security procedures to protect the confidentiality of the Member’s business.

If for any reason Christie cannot provide the number of Private Office, Open Office or Hot Desk specified in Item 2 by the Commencement date, Christie will have no liability to the Member for any loss or damages but the Member may cancel this Agreement without penalty.

In the unlikely event that Christie are no longer able to provide the Services and the Private Office, Open Office or Hot Desk at the Premises, then this Agreement will end and the Member will only have to pay the Membership Fee up to the date this Agreement ends and for the Additional Services used.  Christie will be under no obligation to pay the Member any amount in compensation for the cessation of operation of the Space.

To the extent permitted by law Christie will not be liable for any loss as a result of failure to provide Services as a result of mechanical breakdown, strike, delay, failure of staff, termination of Christie’s interest in the space or otherwise. Christie have no liability whatsoever for any consequential loss as a result of anything Christie or their staff do or fail to do.

Christie Spaces may by notice suspend the provision of Services (including access to the Space) for reasons of war, political unrest, strikes, earthquakes or other events beyond Christie's reasonable control, in which event payment of the Membership Fee will also be suspended for the same period.

Christie Spaces may withhold Services (including for the avoidance of doubt, denying the Member access to the space) while there are any outstanding fees and interest or the Member is in breach of this Agreement.

The Member's details may be provided by Christie to any third party unless the Member advises that these details are not to be disclosed.

The Member acknowledges that Christie and/or the owner of the Space may receive commissions from service providers in relation to the provision of Services, Christie Spaces will have no liability whatsoever for any loss of any items owned by a Member or their guests.

Member Covenants

The Member may be asked to sign an inventory of all Private Office, Open Office or Hot Desk, furniture and equipment permitted to use, together with a note of its condition and details of the keys or entry cards issued.

The Member has a limited number of memberships allocated to the Spaces and Premises as referred to in Item 2 and only for Private Offices. A fee for Additional Memberships is applicable to any new employees and or regular users. The maximum number of memberships will not exceed 1.5 times the number of desks within the Space referred to in the Proposal. Refer to christiespaces.com.au/faq for applicable fees.

The member must only use the Space for office purposes and only for the operation of the business specified in Item 2 or as otherwise agreed by Christie Spaces.  Office use of a retail or commercial trading nature (including auctions), involving frequent visits by members of the public is not permitted.  The member must not carry on a business which competes with Christie’s businesses of providing accommodation.  The Member must not use the name Christie, Christie CoWork, Christie Spaces or Christie Offices in any way in connection with the Member's business.

The Member may only carry on their business in the Business Name specified in Item 2 or some other name that Christie have previously agreed.  The Member must not put up any signs on the doors or walls of the Space or anywhere else visible from outside the Space.  The cost of affixing the Member’s name on the front door of the Premises, which is compulsory, and on any directory of the Premises, although undertaken by Christie on the Member's behalf shall be at the cost of the Member.

The Member may use the building as a business address but not as their registered office address.

The Member must take good care of all parts of the Spaces including equipment, fittings and furnishings.  The Member must not alter any part.  The Member is liable for any damage caused by the Member or those persons in the Space with the Members permission or at the Member’s invitation.

The Member cannot install any furniture or office equipment, cabling, IT or ISP connections in the Spaces, without prior written consent from Christie Spaces.

Any keys or entry cards which Christie has issued to the Member remain the property of Christie at all times.  The Member must not take any copies of any keys or entry cards or allow any other person to use them without Christie’s consent.  Any loss must be reported to Christie immediately and the Member must pay the cost of replacement keys or cards and of changing of locks, if required.  The Member is permitted to use the Space outside Normal Business Hours, if approved by Christie, and the Member is responsible to ensure all doors to the  building are locked on departure. During Normal Business Hours the Member must lock the doors to their Office at all times left unattended.

The Member shall indemnify Christie Spaces in respect of all liability, claims, damages, loss and expenses which may arise (i) if someone dies or is injured whilst in the Space the Member is using; (ii) from a third party in respect of the Member’s use of the Space and its Services; (iii) from a third party in respect of the provision of Services to the Member; (iv) if the Member does not comply with the terms of this Agreement.

The Member must comply with all relevant laws and regulations in the conduct of the Member’s business.  The Member must not do anything illegal.  The Member must not do anything that may interfere with the use of the Space by Christie Spaces or by others, cause any nuisance or annoyance, increase the insurance premiums Christie have to pay or cause loss or damage to Christie or to the owner of any interest in the Space.

The Member must comply with any rules of the Space which are imposed on users of the Space by Christie, whether for reasons of health and safety, fire precautions or otherwise, and as displayed in the Space from time to time.

Christie Spaces has adopted a ‘Dog Friendly’ policy. The Member or owner of the Dog must be responsible for the Dogs behavior at all times. The Dog may only be off leash if the Member has a Private Office and has the door to the Premises closed. At all other times the Dog must be on lead. The member or owner of the Dog are responsible for cleaning of any mess created by the Dog. Christie Spaces reserves the right to exclude or ban Dogs at its sole discretion.

The following locations are Dog friendly:

  • 320 Adelaide Street, Brisbane
  • 100 Walker Street, North Sydney

Please note the Christie Spaces location at 240 Queen Street in Brisbane, 454 Collins Street in Melbourne, 3 Spring Street in Sydney and 56 Berry Street in North Sydney are not Dog friendly.

No other pets are permitted in any Christie Spaces locations unless prior written consent is gained by Christie Spaces.

The Member must not play music or use amplification equipment in a way that can be heard outside the Premises.

The Member is responsible for insurance of their own property within the Space and all liability of their employees and third parties. The Member indemnifies Christie Spaces against any loss arising from theft, or any other malicious act arising within the Space.

While the Member’s Agreement is in force and for a period of twelve (12) months after the end of the Agreement, the Member must not solicit or offer, either directly or indirectly through any business or affiliate, to provide any of the Services provided by Christie or any company affiliated with Christie to any of the members of the Space (current or past).

Where any employee of Christie or any related person to Christie, commences employment with the Member or any company, business, partnership or other undertaking in which the Member is interested or is a party of or where the Member is a company, any related person to the Member, during the period of six (6) months from the date on which the employee of Christie or any related person to Christie ceases employment with Christie or any related person to Christie, or within six (6) months after the expiration of this Agreement or its sooner determination, the Member shall pay to Christie the higher of the sum of $10,000 or 30% of the first years’ salary payable by the Member to the employee.

TERM

This Agreement commences on the Commencement date specified in Item 2 of the schedule. After the expiry of the term specified in Item 2, The Member will continue as a monthly client on the same basis as during the original term.

On each annual anniversary of the commencement date in Item 2 of the schedule, this agreement will be subject to an automatic four percent (4%) increase of the previous year’s membership fee as specified in the Agreement.

Termination

One (1) FULL calendar months’ notice is required to terminate this Agreement prior to and after the expiry of the Membership specified in Item 2. For example, if the Member submits notice on the 15th June, the one (1) FULL calendar months' notice period will commence from 1st July and terminate 31st July. Should the Member vacate prior to the Termination date, the Member will not be entitled to any pro rata of fees owed to Christie Spaces.

The Member must by the earlier of the expiry date and date on which this Agreement is terminated (Vacate Date) vacate the Premises and Make Good. If the Tenant does not Make Good by the Vacate Date, then Christie Spaces may Make Good and the Member must pay Christie Spaces on demand all costs and expenses incurred by Christie Spaces in doing so. The Member must continue to pay the Membership Fee to Christie Spaces until the Make Good is completed.

The Member must ensure that all furniture and fittings are returned in the same condition as when the Member took occupation of Premises and that all of the Member’s property has been removed from the Premises by the Vacate Date. If the Member leaves any of its property in the Premises after the Vacate Date, Christie Spaces may dispose of it in any way without any liability to the Member for it or the proceeds of sale.

Christie Spaces may terminate this Agreement immediately by giving the Member Notice if Christie have reason to suspect that the Member may not be able to pay fees on time; is in breach of one of its obligations under this Agreement which cannot be put right or where Notice has been given to the Member to put a breach right and 14 days after Notice the breach not been remedied; or the conduct of the Member, or that of a person at the Space with the Member’s permission and/or at the Member’s invitation, is incompatible with ordinary Space use. Or if the Member does not follow by the Christie Spaces  Community guidelines.

If Christie Spaces terminates this Agreement for any of the above named reasons all outstanding obligations the Member may have under this Agreement survive and the Member must indemnify Christie Spaces against all costs and losses incurred as a result of the termination of this Agreement.

Should the Member use the Private office, Open office or Hot Desk after expiration of this Agreement, it is the Member’s responsibility for any loss, claim or liability Christie Spaces incur as a result of the Member’s failure to vacate on time.  Christie Spaces may recover from the Member, in addition to any other claim, payment equal to the Membership Fee as compensation for the Member’s use and occupation of the Private office, Open office or Hot Desk and Christie, at their discretion, may permit the Member an extension subject to a surcharge on the Standard Fee.

Notwithstanding any provision in this agreement to the contrary, the Client acknowledges that this Agreement:

  • Is dependent on the existence and continuance of Christie Space’s lease of the Business Centre (the Christie Lease); and
  • This Agreement will automatically terminate if the Christie Lease is terminated. If the Christie Lease is terminated for any reason prior to the last day of the Term other than due to Christie’s default, the Client must not raise any claim or objection in respect to the early termination of this Agreement.

Relocation within the Space

At any time during the Term the Member may make request to Christie Spaces to surrender the Agreement, which Christie Spaces may accept or refuse in Christie Spaces absolute discretion, and in any event only if:

  • the Member is not in breach of this Agreement and has at all times during the agreement term observed, performed and fulfilled all of the Member’s obligations and conditions under this Agreement;
  • the Member simultaneously enters in a new agreement for another space in the Premises;
  • the Member gives Christie Spaces a minimum of two (2) FULL calendar months’ Notice making the request as set out in this clause; and
  • The Commitment Term of the new agreement for the new Space must not be less than the Commitment Term under this Agreement.

Where the Member received a Membership Allowance, Christie may as a condition of accepting the Client’s surrender pursuant to this clause require the Member to repay any Membership Allowance to Christie.

Security Deposit

A Security Deposit equal to One (1) month's Gross Membership Fee must be paid prior to the Commencement Date specified in the Proposal, and shall at all times be equivalent to One (1) month Membership Fee where any Annual increase applicable, and will be refunded to the Member sixty (60) days after the latter of the termination of this Agreement, the vacation of the Private office, Open office or Hot Desk by the Member, the completion of the Make Good and the handing up to Christie of all keys, security cards for the Coworking Space or parking or otherwise and all other property relating to the Coworking Space. Christie shall be entitled to apply the said sum towards the satisfaction of any amount whatsoever that may be payable by the Member to Christie.

If the Member's liability for the Additional Services for a month exceeds 50% of the Security Deposit lodged, the Member shall within seven days after the receipt of the account increase the Security Deposit to a sum equal to such excess.

The Security Deposit shall not be deemed as advance payment.

Membership Fee

The Membership Fee is payable in advance on the first day of every month.

The Member shall pay all services charges incurred, subsequent to the previous invoicing period, on the first day of every month. If the Membership commenced during the month where the instalment is less than a month, the first invoice will include a prorated membership fee for that month, in addition, the first full month’s membership fee including any incurred service charges.

The Member shall provide Christie details of a credit card to be billed on a monthly basis or organise an automatic direct debit facility for Christie. Payment by credit card will incur an administration fee on the amount so paid and will be payable immediately.
On signing of the Agreement, the Member will be liable to pay a one-off $100 per desk Membership set up fee.

The administration fees are as follows:
Visa, Bankcard, MasterCard, American Express - 1.50% (incl GST)

Diners Club not accepted

These rates are subject to change on Notice from Christie Spaces to the Member.

All payments are to be in Australian dollars and the Member must pay all bank fees, exchange rate differences and any other charges incurred by Christie if the Member does not pay in cleared Australian dollars.

Christie Spaces reserves the right at any time to withhold any Services (with or without notice) or to terminate this

Agreement if fees are not paid by the end of the day they are due or the funds due from any payments have not been cleared.

Late Fee

The Membership fee is due in full, in advance on the 1st of each month. Christie Spaces will automatically charge interest on arrears after 7 days. Interest shall be charged at the Interest Rate compounding daily on the unpaid Arrears until which time they are remitted.

GST and other Taxes and Duties

All payments made under this Agreement are GST exclusive unless otherwise specified and must be accompanied by an additional amount equal to the amount of any goods and services tax, consumption tax or value added or other similar tax applicable in respect of that payment.

The Member must pay all other taxes and duties assessed or assessable in connection with this Agreement and the transaction evidenced by this Agreement from time to time (including fines and penalties other than fines and penalties due to our default) other than those taxes and duties which Christie are obliged to pay by law.

Christie's costs, charges and expenses including but not limited to all legal fees and disbursements (as between solicitor and Member) incurred by Christie in consequence of any default by the Client in the performance or observance of any covenants, conditions, agreements or provisions under this Agreement and to be performed or observed by the Member or under or in exercise or enforcement or attempted exercise or enforcement of any power or authority under this Agreement, will be paid by the Member in full (on an indemnity basis) upon demand.

Notices

All notices must be in writing, either via Email or on Letterhead.

Agents and Partners

A member must not engage the use of an Agent or Partner with the connection or transaction of this agreement unless agreed to by Christie, its approved Agents and or Partners. The Member indemnifies Christie from any claims arising from misrepresentation of this agreement. In the event that this Agreement was referred to Christie via The Member Referral program the Member and the Member’s referrer are subjected to the rules set forth in The Member Referral Program. Refer to christiespaces.com.au/faq.

Confidentiality

The terms of this Agreement are confidential.  The Parties are not to disclose any details of the terms and conditions of this Agreement without the other's consent, unless required to do so by law or government requirement.  This obligation continues after this Agreement has ended.

Australian Law

The laws of the jurisdiction in which the Space is located applies to this Agreement.  The Parties accept the non-exclusive jurisdiction of the courts.

Addendum 1: Meeting Room Points and Printing Allowances

HOT DESK 14 120 20
OPEN OFFICE 18 120 20
1 DESK 24 120 20
2 DESKS 28 240 40
3 DESKS 32 360 60
4 DESKS 36 480 80
5 DESKS 40 600 100
6 DESKS 44 720 120
8 DESKS 52 960 160
10 DESKS 60 1200 200
11 - 20 DESKS POA POA POA
25-50 DESKS POA POA POA
50+ DESKS POA POA POA

Meeting Room Points and Printing Allowances do not carry forward

1 Point $30.00 $15.00 $0.15 PER PAGE $0.30 PER PAGE
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