TERMS 0F USE

Please find below the TERMS OF USE for MIX Coworking. Mix Coworking may be referred to as ‘We’ and ‘Us’. Please read these terms before booking a desk or joining as a regular user/member. You are deemed to have accepted these Terms of Use once your booking is processed.

 

Mix Coworking is a Limited Liability Company registered in the Republic of Ireland under CRO number 719472 and with a registered office at 8 Wolfe Tone Street, Clonakilty, P85 Y243.

 

1. Acceptance of Terms

The services MIX Coworking provides to you are strictly subject to the following Terms of Use. We reserve the right to update the Terms of Use at any time. We will endeavour to communicate significant changes to all users of the Service.

 

2. Description of Services

MIX Coworking provides you with the use of an office address, the use of an office desk, internet access, office equipment, phone booths, meeting spaces, knowledge resources, and other services that we may provide from time to time (collectively, “Services”). The Services at all times are subject to the Terms of Use.

 

No landlord tenant relationship is created by these Terms of Use.

 

3. No Unlawful or Prohibited Use

As a condition of your use of the Services, 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 the Mix

Coworking network, or interfere with any other party’s use and enjoyment of the

Services. You may not attempt to gain unauthorized access to any Services, or accounts,

computer systems or networks connected to the MIX Coworking network 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. You represent and warrant that you

have all requisite legal power and authority to enter into and abide by the terms and

conditions of this Terms of Use and no further authorization or approval is necessary.

You 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.

 

4. Use of Services

You agree that when participating in or using the Services, you will not:

a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);

b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through the Mix Coworking network and Mix Coworking spaces;

d. 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 limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights or have received all necessary consent to do the same;

e. 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 rights of any party;

f. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

h. Restrict or inhibit any other user from using and enjoying the Services;

i. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.

 

5. Security

a. You agree that you will observe the quiet enjoyment and normal use of MIX Coworking at all times and not damage or deface the building or its fixtures fittings, decor and furnishings.

b. You will not compromise the building security or the security of the spaces and will ensure that all reasonable measures are taken to safeguard MIX Coworking, occupants and the occupant’s possessions.

c. Under no circumstances should keys, access codes, alarm codes or any other means of access be shared with third parties. Any such request must be referred to MIX Coworking and can only be carried out by Us.

d. You will be invoiced for any damage caused by you if any such accidental damage occurs.

 

6. Key-holder Responsibilities and Last to Leave

a. A key-holder is deemed to be any person who takes possession of a fob or smartphone access to the MIX Coworking building. Key-holders acknowledge and accept responsibility for the security of the doors and spaces accessed.

b. The key-holder agrees to secure the premises and turn off the lights when either they believe they are the last person on the premises or any time outside of normal office hours (8.30 am – 8pm).

c. Full-time and part-time members who are fob holders may need to pay €16 if the fob / card they are using is lost or damaged.

d. Pay-as-you-go users who use a fob must return the fob at the end of their use and may need to pay €16 if the fob is lost and not found in the 7 day period after using MIX Coworking.

 

 

7. Confidentiality

a. 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 MIX Coworking or any participant or user of the Services or any employee, affiliate, or agent thereof that is non-public, confidential or proprietary in nature. b. Your participation in and/or use of the Services obligates you to

I. maintain all Confidential Information in strict confidence;

II. not to disclose Confidential Information to any third parties;

III. not to use the Confidential Information in any way directly or indirectly detrimental

to MIX Coworking or any participant or user of the Services.

 

8. Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by applicable law, in no event shall MIX Coworking or its subsidiaries (whether or not whollyowned), affiliates, divisions, and their past, present and future officers, shareholders, members, representatives, employees, successors and assigns, jointly 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 MIX Coworking, and even if MIX Coworking has been advised of the possibility of such damages.

 

10. Indemnity

You agree to indemnify MIX Coworking and MIX Coworkingʼs 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, wilful misconduct and fraud in connection with the participation in or use of the Services by you or any invitee or client of yours who attends at our premises.

 

Furthermore as our Insurance clause herein states, your contents and personal possessions are not at any time covered for loss whilst on our premises. We accept no liability for  losses to your contents or personal equipment whilst on the premises. Note that we provide security lockers for your use at any time.

 

11. Terms of Payment

Payment may be by credit card, bank transfer or cash.

a. The payment provider that we use for credit and debit card payments is Stripe. The security pages of Stripe offer additional details around the processing of payments and security at https://stripe.com/docs/security.

b. We use Quickbooks to send invoices and for the request of any outstanding balances. Payment must be made within 14 days of receiving an invoice.

 

12. Termination Clause

Should you breach any of the Terms of Use noted herein or fail to pay the payment fees we can suspend your use of the services.

It is noted and accepted that membership is not a rent and no rental agreement exists by the acceptance by us of monthly fees.

 

13. Insurance

MIX Coworking carries Public Liability insurance. The MIX Coworking insurance policy does not include coverage for your equipment whilst on site and whilst you are using the Services at MIX Coworking. Whilst not required, we advise that you carry an insurance policy to cover your own equipment whilst using the Services at MIX Coworking. That policy may cover your residence, office, as well as the premises of MIX Coworking.

 

14. Severability

In the event that any provision or portion of this Terms of Use is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Terms of Use shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

15. Agreement

This is an agreement to use the Services provided by MIX Coworking. This agreement is not a Lease or Sub-Lease and does not confer any rights to property or buildings used by MIX Coworking. It is agreed by both parties that no landlord tenant relationship whatsoever exists by you entering into this agreement with us.

 

16. Force Majeure

Force Majeure being circumstances beyond a Party’s control, including acts of God, pandemics, terrorism, war, civil unrest, strike, lock out or other industrial action (other than strikes, lock outs and labour disputes caused by the delaying Party, its employees or sub-contractors for which the delaying Party shall be responsible).

 

Neither you nor us shall be liable for any delay or failure in the performance of its obligations under these Terms of Use if such delay or failure is due to an event of Force Majeure. If an event of Force Majeure occurs, the delaying Party shall be entitled to an extension of time for so long as the Force Majeure persists on condition that: it promptly notifies the other Party (“Unaffected Party”) of the occurrence of the Force Majeure event; it discusses with the Unaffected Party possible action to be taken to overcome the effect of the Force Majeure; and it uses all reasonable endeavours to overcome the Force Majeure event. If the Force Majeure event persists for a period of thirty (30) days or more, the Unaffected Party may give notice to the other Party to terminate this Agreement with effect from a date specified in the notice without penalty or other liability.

 

18. Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with laws of the Republic of Ireland. The Parties irrevocably agree that the Irish courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

 

19. Contact Us

If you have any questions or would like further information, please contact us by any of the following means. Email: hello@mixcoworking.ie

Post: MIX Coworking, 8 Wolfe Tone Street, Clonakilty, P85 Y243, Cork, Ireland

 

Please note that the Terms of Use are agreed to with a tick box when you create your booking system account and also when you create a pay-as-you-go booking.