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Legal Agreement: Terms of Service

In consideration of the mutual agreements and covenants contained below, the Parties, intending to be legally bound, agree as follows:

 

  1. Subject to Member’s timely payment of any and all fees due under this Agreement (as described below) and Member’s adherence to the Terms and Conditions of Use (as amended from time to time), Company grants Member a revocable, non-exclusive, non-transferable membership to make use of the Premises during Operating Hours (as defined in the Terms and Conditions of Use) for one calendar year from the date of this Agreement, subject to the termination provisions included below. Invoices are generated on the first of the month. A member can terminate this agreement by giving the director 5 days notice in writing.

 

  1. Company shall provide a copy of the Terms and Conditions of Use to Member upon the date of this Agreement. Member agrees and acknowledges that the Terms and Conditions of Use may change from time to time without warning or notice to Member. The Terms and Conditions of Use will be posted at the Premises.

 

  1. Agreement - The Member shall pay the Company the membership sum per month for a membership (hereinafter “Membership”) payable on the first day of the Lease Term and the same Membership fee payable on or before the first day of each Renewal Term. This membership includes access for one employee plus ten free hours of conference room use per month. Member agrees to an additional rent of ten percent (10%) of the payment due if the payment due is not paid in full within five (5) days of its due date. Further additional rent shall accrue at the rate of three and one half of one percent (3.5%) of the payment due per day thereafter. Tenant agrees to pay forty dollars ($40.00) for any check returned by the bank. This fee shall be in addition to any additional rent due to late payment, even if the payment is late due to the return of the check.

 

 

  1. Company shall use its best efforts to provide wireless internet service to Member at no additional fee. Company makes no representation or warranty as to the availability or speed of such service.

 

  1. Company shall use its best efforts to provide access to a copier / printer / scanner to Member at no additional fee, subject to the Terms and Conditions of Use.

 

  1. Company shall provide a mailbox to a coworking Member  for an additional fifteen dollars ($15.00) per month, subject to the Terms and Conditions of Use. Virtual office only members can have a mailbox for fifty dollars ($50.00) per month.

 

  1. Member agrees and acknowledges that violation of this Agreement, or of the Terms and Conditions of Use, shall result in termination of the Member’s license to use the Premises without refund of any fee paid. 

 

  1. Member agrees and acknowledges that Company is not responsible for the loss of or damage to any property of Member’s, including any property placed into a mailbox, and including any property parked on a parking lot owned by Company, its parent, subsidiaries, or affiliates. 

 

  1. Member acknowledges that other members will have use of the Premises. 

 

  1. Member agrees that if any of the Services require an additional fee (which fee will be posted and Member will be informed of prior to engaging the Service), Member shall make prompt payment of that fee.

 

  1. Member may bring a reasonable number of guests to the Premises. All guests must be checked in with the manager of the Premises. Member agrees and acknowledges that Member is responsible and liable for all acts and omissions of its guests. Such permission will only be granted for a particular date and time, and not in general. No pets are permitted on the Premises, excepting service animals.

 

  1. Member indemnifies, defends and holds harmless Company and its members, agents, owners, managers, licensees, successors, officers and representatives from and against any and all costs, expenses, liabilities and damages, including, without limitation, reasonable attorneys’ fees, arising out of any third-party claim based upon (i) a breach by the Member of any of its representations or warranties set forth in this Agreement or in the Terms and Conditions of Use; (ii) any relationship between Member and the third-party; (iii) any act or omission of Member or a guest of the Member; or (iv) a loss of property which Member or a guest of Member brings to the Premises, or which is placed in a mailbox.  In the event of a claim that is subject to indemnification by a party under this Agreement, the other party shall give prompt written notice of such claim to the party and give to the party full control over the defense of such claim, provided that the other party shall reasonably cooperate (at the party’s expense) in the defense of such claim.  The other party shall have the right to participate in the defense of any such claim at its own expense with counsel of its own choice.  The party shall not settle any claim that is subject to indemnification by the party hereunder without the other party’s prior written consent, which consent shall not be unreasonably withheld or delayed.

 

  1. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR THE COMPLETENESS OR ACCURACY OF THE SERVICES AND/OR PREMISES. IN NO EVENT SHALL COMPANY BE LIABLE TO MEMBER OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA OR LOSS OR REDUCTION IN SERVICES, ARISING BY WAY OF CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES.  IN NO EVENT SHALL COMPANY’S MAXIMUM LIABILITY HEREUNDER EXCEED THE AMOUNT PAID OR PAYABLE BY MEMBER TO CLIENT UNDER THIS AGREEMENT.  

 

  1. This Agreement is made in Indianapolis, Indiana. This Agreement and the parties’ respective rights and obligations shall be governed by and construed and enforced in accordance with the laws of the State of Indiana, excluding its conflicts of laws principals. The parties, with respect to themselves and their property, consent to the exclusive jurisdiction and venue of the courts sitting in Marion County, Indiana in regard to any claim or dispute regarding this Agreement, the Premises, or the Terms and Conditions of Use.