Conditions of entry & terms of use

  1. This Agreement

    1. This agreement is between Enterprize Tasmania Limited ABN 29 615 732 315 (Enterprize) and the desk licensee (You) at the properties known as Enterprize Launceston at 22-24 Paterson St, Launceston; and Enterprize Hobart at Level 5, 24 Davey St, Hobart (Premises).

    2. The whole of the Premises remains in Enterprize’s possession and control at all times.

    3. You accept that this agreement creates no tenancy interest, leasehold estate or other real property interest in your favour with respect to the Premises.

    4. Enterprize is giving you the right to share with Enterprize the use of the Premises on these terms and conditions, as supplemented by the Code of Conduct, so that Enterprize can provide the services to you.

  2. General conduct

    1. You must not live or permit anyone to live in the Premises;

    2. You must not conduct any auction, fire or bankruptcy sale on the Premises;

    3. You must not bring anything or do anything that may increase insurance premiums for the Premises;

    4. You must not interfere with any drains, water supply, gas, electrical plumbing or any other services contained in the Premises or the toilets;

    5. You must not bring upon any explosive or flammable or corrosive fluids or chemicals onto the Premises;

    6. You must not erect or place any equipment that is likely to provide a noise level which may be seen as unreasonable by other licensees in the Premises or occupiers of adjourning premises;

    7. You must not do anything upon the Premises that may be offensive or be a nuisance to any person in or near the building;

    8. You must not accumulate or allow any accumulation of useless rubbish or property on the Premises;

    9. You must not put up any partitions or alterations or make any alterations or additions to the Premises without first obtaining our written consent;

    10. You must not use trolleys or vehicles which may cause injury to floors in the building and the Premises;

    11. You must not install or connect any electrical equipment, including heaters, hot water systems, computers, air-conditioners, telephones, electronic surveillance equipment and communication equipment on the Premises that may overload the cables, switchboards or sub-board;

    12. You must ensure that the floors and walls and pillars are not broken or strained by overloading of floors;

    13. You must not obstruct or prevent the use by others of any of the common areas including not placing any goods for a long period of time in common areas and loading docks;

    14. You must use the toilets and conveniences on the Premises only for the purpose they were built for;

    15. You must inform us of any accidents or defects in the water pipes, electrical wiring or any of the fittings;

    16. You must keep and maintain in good and substantial working order all personal machinery, plants, equipments and furnishings;

    17. You must ensure that all the doors and windows on the Premises are locked and fastened when the Premises are not being used;

    18. You must comply with all by-laws, rules and regulations which the owners corporation or the owner of the building may make from time to time especially in relation to the common areas; and

    19. You must comply with any insurance, sprinkler and fire alarm regulations.

    20. Any breach of these terms constitutes cause to end your licence term and remove access to the premises.

    21. You agree that from time to time your desk may be used for events. You will be contacted via email or Slack in advance of the dates and nature of these events. All due care will be made to protect your property from damage or theft but you are ultimately responsible for any such loss or damage.

    22. You agree that your network activity may be monitored from time to time to improve performance. All due care will be taken to ensure personal communications are not interfered with.

    23. You agree that Enterprize may re-assign you to another desk at any time with one week notice.

    24. You agree not to sleep in the office. Brief naps (less than an hour) outside of office hours are acceptable.

  3. Purpose

    1. The Premises are to be used solely for office purposes only.

    2. You may use the Premises address as your business address. Any other uses are prohibited without Enterprize’s prior written consent.

  4. Service

    1. Enterprize is to provide the number of desks for which you have agreed to pay for the use at the Premises as stated in this agreement.

    2. As a regular monthly or permanent space user, Enterprize will initially allocate a desk for your use. You will have a non-exclusive right to the desk allocated to you.

    3. As a regular monthly or permanent space user, you agree that you may be assigned to another desk at any time with one week’s notice by Enterprize via email.

    4. As a neither a regular monthly or permanent space user, Enterprize will allocate a desk for your use at the beginning of each visit to the Premises.

    5. Enterprize is to provide during normal opening hours the services.

    6. Enterprize does not make any representations as to the security of the Enterprize network or the internet or of any information that the client places on it. You should adopt whatever security measures (e.g. encryption) you believe is appropriate to your circumstances. Enterprize cannot guarantee that a particular degree of availability will be attained in connection with your use of the Enterprize network or internet. Your sole and exclusive remedy shall be the remedy of such failure by Enterprize within a reasonable time after written notice.

  5. Compliance

    1. You agree to comply with any Code of Conduct which Enterprize imposes generally on users of the Premises, the Code of Conduct may change at anytime by Enterprize and without any notice to you.

    2. The Code of Conduct will be displayed at You agree to check the Code of Conduct regularly.

    3. You must comply with all by-laws, rules and regulations which the owners corporation or the owner of the building may make from time to time especially in relation to the common areas.

    4. You must comply with any insurance, sprinkler and fire alarm regulations.

    5. You must comply with all relevant laws and regulations in the conduct of your business. You must do nothing illegal in connection with your use of the Premises. You must not do anything that may interfere with the use of the Premises by Enterprize or by others, cause any nuisance or annoyance, increase the insurance premiums Enterprize has to pay, or cause loss or damage to Enterprize (including damage to reputation) or the owner of any interest in the Premises which you are using.

    6. You acknowledge that:

      1. The terms of clause 5(e) are a material inducement in Enterprize’s execution of this agreement, and

      2. any violation by you of clause 5(e) will constitute a material default by you under this agreement, entitling Enterprize to terminate this agreement, without further notice or procedure.

  6. Term

    1. This agreement lasts for the period as agreed between you and Enterprize at the time of commencement.

    2. You agree that you are not automatically entitled to a desk after the period for which you have licensed the desks and you understand that renewal terms and any extensions are at the discretion of Enterprize.

    3. You understand that if you do not continue to licence a desk on the premises, your access to the premises and shared resources will be revoked. These include but are not limited to swipe card/key, access to Slack or other shared internet forums, and access to meeting room bookings.

  7. License Fees

    1. You agree to pay the licence fees at least one full month in advance each month.

    2. You agree to make yourself familiar with the latest fees and reservation process that will be posted on the website.

    3. If you pay license fees and don’t take up the desk reserved for you, you understand that will not be entitled to a refund on these fees.

    4. You must pay your invoice by the due date as specified in the invoice. The invoice will be delivered by email.

    5. If you do not pay fees when due, a fee will be charged on all overdue balances. If you dispute any part of an invoice then you must pay the amount not in dispute by the due date or be subject to late fees. Enterprize reserves the right to withhold services (including for the avoidance of doubt, denying you access to the Premises) while there are any outstanding fees and/or interest or you are in breach of this agreement.

  8. Termination

    1. To the maximum extent permitted by applicable law, Enterprize may put an end to this agreement immediately by giving you notice to end your licence term and remove access to the Premises and without need to follow any additional procedure if:

      1. You become insolvent, bankrupt, go into liquidation or become unable to pay your debts as they fall do, or

      2. you are in breach of one of your obligations under this agreement which cannot be put right or Enterprize has given you notice to put right and which you have failed to put right within 14 days of that notice, or

      3. your conduct, or that of someone at the Premises with your permission or invitation, is incompatible with ordinary use.

    2. In the event that Enterprize is permanently unable to provide the services at the Premises stated in this agreement then this agreement will end and you will only have to pay monthly fees up to the date it ends and for any additional services you have used.

    3. When this agreement ends you are to vacate the Premises immediately, leaving the place in the same condition as it was when you took it. Enterprize reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. If you leave any property in the Premises Enterprize may dispose of it at your cost in any way Enterprize chooses without owing you any responsibility for it or any proceeds of sale.

  9. Enterprize’s Liability

    1. You agree to indemnify and hold harmless Enterprize from any and all liabilities arising out of your use of services under this agreement.

    2. To the maximum extent permitted by applicable law, Enterprize is not liable to you in respect of any loss or damage you suffer in connection with this agreement, with the services or with the use of the Premises unless Enterprize has acted deliberately or negligently in causing that loss or damage. Enterprize is not liable for any loss as a result of Enterprize’s failure to provide a service as a result of mechanical breakdown, strike, termination of Enterprize’s interest in the building containing the Premises or otherwise unless Enterprize does so deliberately or is negligent.

    3. In no event shall Enterprize be liable for any loss or damage until you provide Enterprize written notice and give Enterprize a reasonable time to put it right. If Enterprize is liable for failing to provide you with any service under this agreement then subject to the exclusions and limits set out under this clause, Enterprize will pay any actual and reasonable expenses that you have incurred in obtaining that service from an alternative source. If you believe Enterprize has failed to deliver a service consistent with these terms and conditions you shall provide Enterprize written notice of such failure and give Enterprize reasonable period to put it right.

    4. Enterprize will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss unless Enterprize otherwise agrees in writing. Enterprize strongly advises you to insure against all such potential loss, damage, expense or liability.

    5. In all cases, Enterprize’s liability is limited to the total fees paid by you for the use of the services.

  10. Miscellaneous

    1. You must not alter any part of the setup of the Premises and must take good care of all parts of the Premises, its equipment, fixtures, fittings and furnishings which you use. You are liable for any damage caused you or those of the Premises with your permission or at your invitation whether express or implied, including but not limited to all employees, contractors, agents or other persons present on the Premises.

    2. You must not install any cabling, IT or telecom connections without Enterprize’s consent, which Enterprize may refuse at its absolute discretion.

    3. You agree to bind any guest you bring to the premises to these terms. You agree to accompany them at all times while they are on the premises.

    4. You agree that you are solely responsible for the security of your property on the premises. It is your responsibility to arrange insurance for your own property which you bring to the Premises and for your own liability to your employees and to third parties. Enterprize strongly recommends that you put such insurance in place.

    5. All formal notices must be in writing to the email address first registered and agreed with Enterprize, as the email address for all correspondences.

    6. This agreement is interpreted and enforced in accordance with the law of the state of Tasmania. Enterprize and you accept the exclusive jurisdiction of the courts of Tasmania. If any provisions of these terms and conditions are held void or unenforceable under the applicable law, the other provisions shall remain in force.