Terms and Conditions
General Terms and Conditions
1.Introduction. These Terms and Conditions (Conditions) govern the membership services (Services) which you are entitled to receive from The Home Office (THO) as an THO community member (Member). The Services you receive are based on the type of membership you wish to take out. We offer Platinum (private office), Gold (dedicated desk), Bronze (hot-desk) and Home from Home (hot-desk) memberships. The Services are more fully described in the information we will provide you with when you join, based on your selection. This information incudes additional rights and obligations on your part and ours in relation to the type of membership you select (Membership Terms). By using the Services, you are agreeing with THO to comply with:
- these Conditions and
- your Membership Terms (e.g. Platinum, Gold or Bronze) and
- our rules or requirements (Club Rules) which we may notify you of from time to time in the that relate to our Premises and use of other shared facilities, including our technology platform (Member Portal), telephone and IT services. (our Membership Agreement) 2.About THO. The Home Office is a trading name of The HO Tring Ltd (Co. No. 11207935). THO provides a club for Members to work, network and grow in a shared work space. Members can do all this at Pennyroyal Court, Station Road, Tring, HP23 5QY (the Premises). 3.Our Members. You are agreeing to use the Services for your business purposes and not as a consumer (as defined in Regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your Membership Agreement does not grant you a tenancy over any part of the Premises.
- Member Portal. To use the Services, you will need first to become a Member/log in via the Member Portal at: thehomeoffice.spaces.nexudus.com.
- Our right to make changes to the Services these Conditions, the Membership Terms or the Club Rules.
Terms. You acknowledge and agree that the payment method provided by you will be automatically charged for the Membership Fees and any other amounts you may incur or be liable for (including for damages caused to our Premises or property) in connection with the Services. You must keep your payment information up-to-date and accurate. Your Membership Fees will be charged on the first (1st) of each month unless we notify you otherwise. Your use of the Services and/or membership may be immediately suspended, and eventually terminated, if your Membership Fees are unpaid for more than 7 days after they are payable. The Membership Fees may be subject to modification from time to time, and such modifications will become effective upon your next subscription period. Your continued use of the Services following notice of any such modifications, and through the next payment date, constitutes your agreement to such modified fees. You may at any time cancel your membership from the end of your current subscription period if you do not agree to any modified fees. Membership Fees are non-refundable. 10. Club Rules. These are our rules governing your use of the Premises and how you receive the Services, which you can find at the Premises and which you must comply with while using the Services. In general, we expect that you will not do anything that is reasonably likely to be disruptive, damaging or dangerous to us, our employees or agents, other members, any guests or any other third parties or to any anyone else’s property. If you have questions about the Club Rules please submit a request to email@example.com. 11. Service Restrictions. Your membership is specific to you and your Company’s Associated Persons. You cannot add additional members to your account or share your account credentials or Access Device with any other individuals. Furthermore, you must not use any Services or any space you reserve or occupy in the Premises in a way which involves frequent use by or visits from members of the public. 12. Access to Desks & any Designated Space. -a. If under your selected membership you have purchased a ‘Hot Desk’ or ‘Designated Space’ arrangement, you can access desks or your Designated Space in the Premises during our Regular Business Hours and Regular Business Days. -b. Use of our desks, are subject to desk availability in the Premises. -c. “Regular Business Hours” are generally from 8:00 a.m. to 6:00 p.m. on Regular Business Days. -d. “Regular Business Days” are all weekdays, except public and bank holidays.
- Security. You may be required to present suitable photo identification in order to gain access to our Premises (e.g. a driving licence or passport). For security purposes, we may regularly record via video certain areas of our Premises. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable laws, rules or regulations, legal process or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your guests about this policy.
- Additional Services. Additional Services may be available to you in connection with the Premises, as notified to you from time to time. For more information about additional Services that may be available to you, visit the online Members portal or please submit a request
to firstname.lastname@example.org or contact our Premises management team. Additional Terms may apply to the additional Services, and to the extent you are receiving any additional Services, those Additional Terms are hereby incorporated into these Terms. 15. Meeting Rooms and Workspaces. You may use credits (if available) for workspace or meeting rooms or other Services in our Premises during Regular Business Hours on Regular Business Days, subject to availability of such workspaces or conference rooms and your Membership Terms. Use of our workspaces and meeting rooms in excess of any credits would be subject to the standard fees for such Services. Such Fees are subject to change from time to time. 16. Post. Subject to our approval, you may decide to receive post and packages at our Premises. If approved, we will accept mail and deliveries on your behalf during Regular Business Hours on Regular Business Days. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if after termination of your Membership. This facility is to allow you to accept business correspondence from time to time. You may not use it to receive merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages. 17. Property. We are not responsible for any property you leave behind in any our Premises. It is your responsibility to ensure that you have retrieved all your personal items prior to leaving. Prior to the termination of your Membership you must remove all your property from the Premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in any our Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal. 18. Damage. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our Premises and items therein caused by you or your guests or invitees. 19. Common areas. Common spaces in our Premises are to be accessed by you, and to the extent we permit, your guests, for temporary use and not as a place for continuous, everyday work. 20. Intellectual Property or information of others. You must not copy or use any information or intellectual property belonging to other members or member companies or any of their guests or invitees, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, or other intellectual property, or their business information or personal data nor allow anyone else to do so. 21. Software, applications and internet use. We may need, or request you, to install software onto your computer, tablet, mobile device or other electronic equipment (Device) to enable you to properly receive the Services you have purchased and subject to compatibility with your Device(s). You acknowledge that whilst we will use reasonable endeavours to enable use of the Services between our Services and your Device(s) we cannot guarantee compatibility. You agree that we (a) are not responsible for any damage to any of your Device(s) or electronic equipment or systems related to such technical support or software installation; (b) do no assume any liability or warranty in the event that any product or service warranties are voided; and (c) do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support. Furthermore, you acknowledge that you have no expectation of privacy with respects to THO’s internet connection, networks, telecommunications systems or information processing systems (including but not limited to any stored computer files, email messages and voice messages), and your activity and any files or messages on or using any of those devices or systems may be monitored at any time without notice, including for security reasons and to ensure compliance with our policies, regardless of whether such activity occurs on any Device(s) or equipment owned by you or us. Our fair usage policy is intended to ensure all Members receive a quick and reliable service. Should a Members use be considered by THO to be beyond that which is normal and responsible, or the quality of service for other Members is being impacted by a Members use of the resources, THO reserves the right to control or limit access to those resources. 22. Pets. You may only bring pets into the Premises. If, in writing, we approve your doing so, and we may require you to produce proof of vaccination for such pet in a form satisfactory to us. You must accompany your pet at all times, unless it is in an enclosed space that you have reserved. You will be responsible for any injury or damage caused by any pet you or any of your employees, invitees or guests bring into any Premises. We will not be responsible for any injury to any pets. We reserve the right to restrict any member’s or other individual’s right to bring a pet into the Premises at any time, at our sole discretion. 23. You and other members. We do not control and are not responsible for the actions of other members or any other third parties (including their pets). If a dispute arises between members or their invitees, guests or pets, we shall have no responsibility or obligation to participate, mediate or indemnify any party. 24. Membership termination. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Conditions, or at any other time when we in our reasonable discretion see ﬁt to do so, we may, at our sole discretion, restrict your access to the Members Portal account and all or any part of the Services and/or suspend or terminate your membership with immediate effect and without prior notice to you. In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason including our commercial convenience as we see fit at our sole discretion. You can cancel your membership at any time, by submitting a request at The Home Officecm.zendesk.com. Please note that if your membership was created by a Company, (a) an authorised representative of that Company may at any time terminate your membership or status as an Associated Person by contacting us, and (b) we may terminate your membership or status as an Associated Person, even if the Company’s account remains active. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your membership with respect to amounts already paid. You will remain liable for any outstanding Membership Fees and we may exercise our rights to collect any outstanding sums , despite termination or expiration of your Membership or status as an Associated Person. Using the Mobile App 25. License. If you download any THO mobile device application (the “Application”), then, subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on a compatible mobile device that you own or control for your use, in each case in the manner enabled by us, for so long as you remain in good standing with your Membership. .
- Other Application Terms. You acknowledge and agree that we own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to (a) the Application; (b) all related software and technology used by us to provide Application features and functionality and (c) all usage and other data generated or collected in connection with the use thereof. Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of any of the foregoing. In addition, you agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas, algorithms or trade secrets of the Application or any other software or technology of ours, except to the extent expressly required by applicable statutory law.
- Device and Application Terms. In the event you are accessing the Services via the Application, the following shall apply: -a. Both you and THO acknowledge that these Terms are concluded between you and THO only, and that no third party provider is responsible for the Application or any content made available through the Application; -b. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; -c. You will only use the Application in connection with a device that you own or control; -d. You acknowledge and agree that no third party provider has any obligation whatsoever to furnish any maintenance and support services with respect to the Application; -e. You acknowledge and agree that THO, and not any third party provider, is responsible for addressing any claims you or any third party may have in relation to the Application; -f. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, THO, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim; -g. You represent and warrant that you are not located in a country subject to any Government embargo, or that has been designated by any Government as a “terrorist supporting” country, and that you are not listed on any Government list of prohibited or restricted parties; -h. Both you and THO acknowledge and agree that, in your use of the Application, you will comply with any applicable third party provider terms of agreement which may affect or be affected by such use; and -i. Both you and THO acknowledge and agree that any third party Application provider and its subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, such provider will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary.
- Use of the THE HOME OFFICE Name; Photos of the Premises. You may not take, copy or use for any purpose the name “The Home Office” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of any THO properties, without our prior written approval. Limitations of Liability
- We are not liable for actions of other individuals. We do not control and are not responsible for the actions of other individuals using the Services or at our Premises. We do not perform background checks on our users or members nor do we guarantee that our users’ or members’ membership details are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.
- Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of THO to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under these Conditions for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. THO will not be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits, loss of contracts, damage to reputation or business interruption, or for the cost of any substitute goods, services or technology.
- For the avoidance of doubt, nothing in these Conditions will exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation or (c) any breach of any implied terms of the Membership Agreement which cannot lawfully be excluded.
- Disclaimer of warranties and implied terms. The Services are provided “AS IS”. To the extent permitted by law, we disclaim all warranties and terms, express or implied, with respect to the Services, including warranties, terms or representations as to the availability, operation, performance and/or use of our Services, or any other materials on or accessed via the Services, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing, course of performance or usage in trade. Indemnification 32.You agree to indemnify us. You will indemnify and hold us harmless from and against any and all claims, liabilities, damages and expenses (“Claims”) including reasonable legal fees, resulting from any breach of your Membership Agreement by you or your Associated Persons, employees or guests, or your or their invitees or pets or any of your or their actions or omissions, and THO will have sole control over the defence of any such Claims. You are responsible for the actions of and all damages caused by all persons and pets that you or your guests invite to enter any of the Premises. You shall not make any settlement that requires a material act or admission by THO, imposes any obligation upon THO or does not contain a full and unconditional release of THO, without our written consent. THO shall not be liable for any settlement made without its prior written consent. 33.You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of your Membership Agreement. You agree to cooperate fully in any of these inquiries. You waive any and all rights against THO, and agree to hold THO harmless in connection with any claims relating to any action taken by us as part of our investigation. General Provisions 34.Governing Law. Your Membership Agreement and all issues touching or concerning the Services (including non-contractual claims) shall be governed by English law the English Courts shall have exclusive jurisdiction to determine any disputes or differences between us concerning them.
- Entire Agreement. Your Membership Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Enforceability. If any provision or part-provision of your Membership Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the other provisions in the agreement.
- No Tenancy or Lease. Your Membership Agreement shall not be construed as the grant to you of any title, lease, easement, lien, exclusive possession or related rights in any part of our Premises or anything contained in our Premises. Your Membership Agreement is not intended to create any tenancy or lease (including any security of tenure), leasehold estate, or other real property interest. even if (depending on the type of membership you have selected) you are the user of a designated space within the Premises for your business during all Regular Business Hours on Regular Business Days (Designated Space Member). We reserve the right to require you (even if you are a Designated Space Member) to occupy such other alternative space as we may designate from time to time. If you are a Designated Space Member any alternative space shall so far as we can reasonably procure be a comparable space to that previously designated to you.
- Force Majeure: We shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control (including but not limited to acts or omissions of third parties such as suppliers or subcontractors). In such circumstances the time for performance shall be extended by period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. 39.Contacting us. If you have any questions relating to your Membership Agreement, please contact us at email@example.com. If you agree with these Terms & Conditions please click on the ‘Accept & Continue’ box below.