We are the workspace provider for services listed in the Purchase Summary provided. You are agreeing to subscribe to the membership access level and additional service packages listed in the Purchase Summary. We provide access to our facility (“Pastel”) pursuant to the following terms.
1. Access to Shared Workspace in Common Areas
Note: Pastel is currently not wheelchair accessible, however there are accessible restroom facilities.
(a) We will provide workspaces on a first-come, first-served basis, subject to prior reservation or membership based on level. This includes access to the common areas (Kitchen, Lounge and Cafe), and for a separate charge depending upon membership level, available Small Conference and Training Room, during the hours only applicable to your membership level. Your use of Pastel is at all times subject to this Agreement and our House Rules (see section 3 below). If you have purchased a Dedicated Workstation or Private Office Membership, you may become eligible for additional access rights for after-hours use of Pastel. (b) We may provide online account management credentials and offer you access to promote and register for events, as well as access to our online reservation system.
You will be eligible to host after-hours events in the common areas at member rates.
2. Additional Services
We will provide the services associated with the service packages you have subscribed to beginning on the Agreement Start Date. You will be responsible for payment for use of any other a la carte services, guest passes, meeting room charges and other services, if applicable, you consume in Pastel at our current member prices.
3. Comply with House Rules
You must comply with our House Rules for the use of Pastel by members, guests and invitees. We may set these rules at our sole discretion to promote health and safety, security, well-being, hospitality, membership harmony, or to otherwise improve the experience we are delivering. The House Rules are available at pastelplymouth.com/house-rules.
4. Upon Becoming a Member
Prior to receiving your online account management credentials and entry access, you must attend a new member orientation to receive instruction on use of Pastel accommodations and additional Pastel services.
5. Your Business Activity
You must only use the Pastel accommodation for legal business purposes. Retail or medical uses, involving frequent visits by members of the public are not permitted. You must not use the name Pastel in any way in connection to your business.
6. Your Name and Address
You must not post any signs anywhere in Pastel. You may not use the Pastel address as your business address or mailing address unless you have purchased an appropriate membership package, in which case we may include your name or business name in the Pastel directory.
7. Taking Care of Our Property
You must take good care of all parts of Pastel, its equipment, fittings and furnishings, which you use. You must not alter any part of it. You are liable for any damage caused by you or those in Pastel with your permission or at your invitation.
8. No Third-Party Furniture and Equipment
You must not install any furniture or workspace equipment, cabling, IT or telecom connections without our consent, which we may refuse at our absolute discretion for any reason or no reason.
9. Entry Access, Keys and Security
Any entry access, keys or passwords that we issue to you or let you use remain our property at all times. You must not make any copies of them or allow anyone else to use them without our consent. Any loss must be reported to us immediately and you must pay the cost of replacement cards or keys and or changing locks, if required in our discretion. If you are permitted to use Pastel outside normal working hours, it is your responsibility to lock the doors to your accommodation or desk and to Pastel when you leave. For your personal security, and for quality assurance purposes, we may maintain video surveillance in areas of Pastel and entryways and maintain a record of all entry and exits.
10. Comply with the Law
You must comply with all relevant laws and regulations in the conduct of your business. You must not do anything that may interfere with the use of Pastel by us or by others, cause any nuisance or annoyance, cause an increase in the insurance premiums we have to pay, or cause damage to us or to the owner of any interest in the building that leases to Pastel. You acknowledge that (a) the terms of the foregoing sentence are a material inducement to us for the execution of your Agreement and (b) any violation by you of the foregoing sentence shall constitute a material default by you hereunder, entitling us to terminate your Agreement.
It is your responsibility to arrange insurance for your own property and liability to your employees and to third parties. We are not responsible for loss or damage to any of your personal items or work product.
12. Our Access to Your Assigned Accommodations
We can access your workspace accommodation at any time unless this access is specifically restricted as a part of a separate agreement. However, unless there is an emergency, we will, as a matter of courtesy, try to inform you in advance when we need access to carry out testing, repairs other than routine inspection, cleaning and maintenance. We will also respect security procedures to protect the confidentiality of your business.
13. Availability and Reservation
Pastel contains certain workspaces and areas that may be reserved by members on a first-come, first-served basis at no additional charge. Pastel contains other reservable workspaces and meeting areas that may be booked by members at an additional cost. You must make all bookings for reservable workspaces and meeting spaces through a Pastel Host. If for any reason we cannot provide the accommodations at the time you request, we will have no liability to you for any loss or damages.
14. Suspension of Services
We may, by giving you notice, suspend the provision of services (including access to the workspace accommodation) for reasons of political unrest, strikes, or other events beyond our reasonable control, in which event payment of the standard fee will also be suspended for the same period.
15. Our Liability
We are not liable for any loss as a result of our failure to provide a service as a result of mechanical breakdown, strike, delay, failure of staff, termination of our interest in the building containing Pastel or otherwise unless we do so deliberately or are grossly negligent. We are also not liable for any failure until you have told us about it and given us reasonable time to get it right. You agree (a) that we will not have any liability for any loss, damage or claim which arises as a result of, or in connection with, this Agreement and/or your use of the services except to the extent that such loss, damage, expense or claim is directly attributable to our deliberate act or our gross negligence (our liability); and (b) that our liability will be subject to the limits set out in the next paragraph. We will not in any circumstance have any liability for loss business, loss of profits, loss of anticipated savings, loss of or damage to data, third-party claims or any consequential loss. We strongly advise you to insure against all such potential loss, damage expense or liability.
16. The Nature of the Agreement
This Agreement is the commercial equivalent of a club membership. The entire Pastel remains our property and in our possession and control. You acknowledge that this Agreement creates no tenancy interest, no leasehold estate, nor other real property interest in your favor with respect to the accommodation. We are licensing you only the right to share the use of Pastel so that we can provide the services to you. The Agreement is personal to you and cannot be transferred to anyone else. We may transfer the benefit of your Agreement and our obligation under it at any time.
17. Duration and Rate Guarantee
The standard access fee stated in the Purchase Summary is fixed for the length of the membership plan from the Agreement Start Date. Thereafter, the standard access fee shall be equal to the then current market price for your membership type.
18. Bringing Your Agreement to an End
You must give a 30-DAY NOTICE OF CANCELATION to terminate your membership — meaning that you will be responsible for ONE FINAL PAYMENT to occur in the 1 month subsequent to submission of notice. You are liable for the full term of your membership Agreement as provided in the Purchase Summary, even if you cancel earlier. There is no discount for early termination and you will be charged for the full amount of your remaining term upon termination. In addition, you must reimburse us for all discounts that were provided as an incentive for a multi-month or multi-year term, plus any other costs we may incur as a result of your cancellation prior to your agreed upon term, as well as any costs of collection including reasonable attorney’s fees. You agree that we may charge your credit card or bill you for the foregoing fees and costs.
18.A.1. Freezing (Pausing) Your Membership
The freeze policy allows you to temporarily suspend your membership in accordance with the following terms:
Part-Time and Full-Time Plan Members may freeze your membership once per contractual year for a minimum of one (1) month and a maximum of three (3) consecutive months in one-month increments for a fee of $20 per month, payable in advance. Monthly members within their first year of membership will be charged regular monthly dues until they meet their one year obligation, after which they will be charged the freeze fee in full.
18.A.2. I AM PREGNANT AND I WANT TO FREEZE MY MEMBERSHIP.
Congratulations! Pastel will waive the freeze fee for medical freezes.
19. Ending your Agreement Immediately
(a) Pastel may put an end to your Agreement by giving you notice for the following reasons:
• you become insolvent, go into liquidation or become unable to pay your debts as they fall due;
• you are in breach of one of your obligations which cannot be cured;
• we have given you notice to cure and you have failed to cure within fourteen days of that notice;
• your conduct—or that of your guests or invitees—is determined by us, in our sole and complete discretion, to be unsafe and potentially harmful to you, us, or any other members or guests, or is damaging to the reputation of Pastel.
(b) If we put an end to the Agreement for any of these reasons, it does not put an end to any outstanding obligations you may have and you must:
• pay for additional services you have used;
• pay the standard fee for the remainder of the period for which your Agreement may have lasted had we not ended it;
• and indemnify us against all costs and losses we incur as a result of the termination.
20. If Pastel Is Not Available
In the event that we are no longer able to provide the accommodations at Pastel stated in this Agreement, then the Agreement will end, and you will only have to pay the agreed access fees up to the date it ends and for the additional services you have used.
21. When Your Agreement Ends
When this Agreement ends, you must return all keys. If you leave any of your own property at Pastel, we may dispose of it in any way we choose without owing you any responsibility for it or any proceeds of sale.
While your Agreement is in force and for a period of six months after it ends, you must not solicit or offer employment to any of our staff. If you or an entity affiliated with you hire our staff, we estimate our loss at the equivalent of one year’s salary for each of the employees concerned and you must pay us damages equal to that amount.
All formal notices must be in writing.
The terms of your Agreement are confidential. Neither party will disclose them without the other’s consent unless required by law or an official authority.
You agree to indemnify us with respect to all liability, claims, damages, losses and expenses that may arise (except to the extent caused by our gross negligence or willful misconduct) if someone dies or is injured while in the accommodation you are using or with respect to your use of Pastel and the services. If you do not comply with the terms of your Agreement, you must also pay any cost, including reasonable legal fees, which we incur in enforcing your Agreement.
26. Data Protection
You agree that we may process, disclose or transfer any personal data, which we hold or in relation to you, provided that in doing so we take such steps as we consider reasonable to ensure that it is used in accordance with our privacy agreement and local laws governing personally identifiable data, but only:
• to fulfill our obligations under your Agreement;
• for work assessment and fraud prevention;
• or to make available information about new or beneficial products and services offered by us and other organizations, which we consider may be of interest to you.
27. Applicable Law
Your Agreement is interpreted and enforced in accordance with the laws of the state in which Pastel identified in the Purchase Summary. We both accept the exclusive jurisdiction of the courts where Pastel is located.
28. Payment of Membership Fees
The membership access fees and service packages are payable in advance, in full, on the 1st day (or such other day we designate) of each month. Pastel bills for the coming month so you are always one month ahead in payment. For monthly recurring charges, you must authorize us to take payment via credit card on the 1st day of each month. You agree to pay promptly (a) all sales, use excise and any other taxes we are required to collect from you to pay to any governmental authority and (b) and local taxes we are required to collect that are attributable to the accommodation.
29. Payment of Additional Service Fees
Fees for additional a la carte services are invoiced at the point of sale or in arrears in accordance with our published rates from time to time and payable on the 1st day (or such other day as we designate) of the month following the calendar month in which the additional services were provided. The standard fee is payable for every day that your Agreement is in existence, including Saturdays, Sundays and public holidays.
30. Late Payment
If you do not pay fees when within 5 days of the due date, we may charge a late fee equal to 10% of the outstanding balance and interest at 18% per annum on uncollected balances thereafter. If you dispute any part of an invoice, you must do so in writing no later than 10 days from the due date. You must pay any amount not in dispute by the due date. You will pay a fee of $35.00 for the return of any payment for insufficient funds. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
Your Agreement is subordinate to our lease with our landlord and to any other Agreements to which our lease with our landlord is subordinate.
We may allow you to use a Pastel storage locker on a space-available basis. You assume all risk of loss associated with use of a locker. Pastel shall have no liability for lost, stolen or damaged items stored in any locker. For security reasons, Pastel retains the right to access lockers at any time. If your membership is cancelled or terminated or you otherwise stop using Pastel and you leave any of your own property in a Pastel locker, we may dispose of it in any way we choose without owing you any responsibility for it or any proceeds of sale.
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