General Terms and Conditions

Membership Term and Conditions November 2017

Hub Weston CIC (The Stable)

Our membership must comprise at least 90% tech, digital and creative businesses. This is very important for the future of our community, and also fulfils the Terms and Conditions of our funding agreement with the West of England Local Enterprise Partnership (LEP) i.e.: “the hub will offer a range of facilities, services and support to enable entrepreneurs in the digital and creative industries to take their first steps in setting up their own businesses within a vibrant collaborative community”.

It is for this reason, that members must certify that the business they represent falls into Section J or section M as defined in the UK Standard Classification of Economic Activities 2007 (download the Main Volume PDF and ask us if questions remain). As a rule of thumb, if you are a pure tech or digital creative then you will be fine; agencies or similar may or may not qualify.

Non-creative enterprises

We can house a limited number of members (10%) outside of these classifications but they must apply for a professional membership instead (annual membership), and be voted on for acceptance by our creative and tech members to ensure that they will be welcomed and accepted, and subscribe to the values we are trying to promote within our space.

The Stable’s initial, core community members (who join during Phase One to end 2018) will be made up of digital, tech and creative people and businesses. Those who believe that they or their activities are right for The Stable (but whose professions or activities fall outside of categories J or M) are welcome to apply for professional membership from 2019 onwards. Additional floor space will become available during Phase 2 of the project in 2019. This might support some additional business uses depending on demand and also on the agreement of the initial hub user community.

By applying for membership of The Stable, you agree that you understand the above, and certify that you or your business operates under one of the above classifications (J or M). Contact The Stable if you have any questions around membership criteria or suitability.

Registered Business Address use only

If you are solely using The Stable as a Registered Business Address, the above restrictions do not apply to you. Businesses of all types are welcome to apply for a Registered Business Address at The Stable. HUB Weston CIC reserves the right to refuse a given business address request at its discretion.

All prices shown are EXCLUSIVE of VAT

Please read these terms: they form the basis of our relationship

Acceptance of Terms

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

Hub Weston CIC membership does not create a tenancy but a prepaid usage licence to use the provided amenities on a calendar day, calendar month or casual basis. This covers both hour-based memberships and any room hire or private office use arrangements.

Description of Services Hub Weston CIC 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 Hub Weston CIC’s server, or interfere with any other party’s use and enjoyment of any Services.

You may not attempt to gain unauthorised access to any Services, accounts, computer systems or networks connected to any Hub Weston CIC 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 authorisation 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, 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;
  • view, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Hub Weston CIC servers;
  • upload, or otherwise make available, files 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, 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 authorisation 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 the T&C can result in non-renewal or even early termination of the usage licence. Hub Weston CIC 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, Hub Weston CIC may 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 notifying their termination request as established in this Agreement, via the Spaces system or in writing via an email to Hub staff. Termination shall be in effect as of the end of that billing period. Should a Member not provide timely notice of termination to Hub Weston CIC 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 are any variable charges such as telephony usage that may have been incurred during the previous period if such services are available. Card 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 arrangements have been made with Hub Weston CIC. Payment must be made by Direct Debit/ GoCardless unless otherwise agreed. Hub Weston CIC reserves the right to charge a £20 non-Direct Debit fee per transaction if payment is made in any other way.

Members’ card details will be securely retained by our system and in agreeing to these Membership T&C, you understand and agree that any outstanding payments will be taken automatically at the end of the month.

Hub Weston CIC reserves the right at all times to disclose any information about you, your participation in and use of the Services as Hub Weston CIC 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 at Hub Weston CIC’s sole discretion.

Confidentiality

You acknowledge and agree that during your participation in and use of the Services you may be exposed to confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Hub Weston CIC or any participant or user 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 Hub Weston CIC, any analyses, compilations, studies or other documents prepared by Hub Weston CIC or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.

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

  • maintain all Confidential Information in strict confidence;
  • not to disclose Confidential Information to any third parties;
  • not to use the Confidential Information in any way directly or indirectly determined to Hub Weston CIC or any participant or user of the Services.

All confidential information remains the sole and exclusive property of Hub Weston CIC 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 Hub Weston CIC or any participant or user of the Services.

CCTV

Closed-circuit television cameras are located throughout the building and are recording 24-7. This is for staff safety and security and to help staff monitor a large building from reception or elsewhere. Only The Stable staff have access to the data, which is stored for up to six weeks. This data may be shared with bodies such as the police in the event of a crime.

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 Hub Weston CIC 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, Hub Weston CIC provides the Services “as is” and with all faults, and hereby disclaims 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 Hub Weston CIC 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/or 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 Hub Weston CIC, and even if Hub Weston CIC 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 Hub Weston CIC 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 [tbc]. The foregoing limitations, exclusions and disclaimers, including the previous sections, shall apply to the maximum extent permitted 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 Hub Weston CIC, or any of Hub Weston CIC 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 save harmless Hub Weston CIC and Hub Weston CIC 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, judgements, 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 Hub Weston CIC or its respective officers and agents in connection with the defence 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

Hub Weston CIC 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 Hub Weston CIC. Lockers are available to rent to those on some monthly and annually rolling agreements.

Policies at The Stable for monthly/ annual members

If using space at The Stable on a monthly or annual basis, you will be issued with various policies including fire, health and safety, lone working and more. It is your responsibility to read and understand all policies and procedures and you will be required to sign confirming your understanding and adherence to all policies in order to continuing using The Stable. Following an initial period of use of not more than two weeks, you will have a more in-depth one-on-one induction with a member of The Stable staff to complete this procedure and as an opportunity for you to ask any questions.

Policies at The Stable for Postal Address and Registered Business Address users

If your mail is received at, or your business is officially registered at, The Stable, policies surrounding this will apply and must be adhered to. Mail received at The Stable by any person or business that has not set up the correct arrangements with The Stable’s in-house staff in advance of receiving any mail (or with a third party carrying out similar official functions on behalf of The Stable) will be returned to sender or shredded on receipt, without exception. This is due to HMRC money-laundering regulations, checks and measures which must be in place prior to the receipt of mail.

What you can expect from The Stable/ what The Stable can expect from you

You should only be receiving this email or reading this text if you have shown an interest in using the services of The Stable, for example by submitting or preparing to submit an application form to join as a member or following an enquiry concerning same. If you have any additional questions concerning any element of this document or of visiting or using The Stable, contact [email protected] at any time.

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