General Terms and Conditions

Application of these Terms and Conditions

  1. Membership Agreement These Terms and Conditions are to be read in conjunction with the Membership Form and these together will constitute the agreement between the parties. Any variations stated in the Membership Form will take precedence over these standard Terms and Conditions. The Member acknowledges that by signing the Membership Form these Terms and Conditions have been read and are understood and accepted. Membership is not transferable and the Primary Contact may only be replaced with our written consent.

  2. Application of Names The Workshop Auckland Ltd trading as The Workshop Auckland will be referred to as “The Workshop”, “the Club”, “our” or “we” in these Terms and Conditions as appropriate. The individual or company named in the Membership Form is the member and will be referred to as “you” or “the Member”.

  3. Membership Categories and Services This agreement relates to membership of the type and for the term set out in the Membership Form. At our discretion, we may offer a range of membership categories and services, including at the date of these Terms and Conditions Permanent Desk and Hot Desk Membership. Any additional special terms and conditions which apply to any of those categories, are either stated in the Membership Form or will be separately notified to the Member.

  4. Membership Term and Renewal The membership term is as stated in the Membership Form. Membership continues until:
    In the case of monthly memberships, one month following the notice in writing by one party to the other of intention to terminate the membership. In the case of fixed term memberships, the End Date set out in the Membership Form. The Member must send written confirmation of non-renewal to The Workshop no later than 30 days before the End Date. If this notice is not given then the membership term will be automatically renewed for the same period as the initial term. Termination by The Workshop for non-payment in accordance with Clauses (8) or (10) below.
    Termination by The Workshop for breach in accordance with Clause (23) below. Any prepaid rent paid by the Member may be offset to unpaid rental invoiced for the notice period.

  5. Commencement of Membership Membership shall commence upon performance of ALL of the following:
    Membership Form completed for all sections. For individual members and Primary Contacts: Providing proof of identity in the form of either a valid driving licence or current passport.
    First invoice paid to The Workshop with confirmation that payment has been cleared.
    Direct Debit Authority completed, signed and lodged with The Workshop.
    Any additional specific terms as per Clause (3) accepted and acknowledged in writing or by email confirmation. Upon completion of all the foregoing to sole satisfaction of The Workshop, a key(s) or entry codes (as applicable) will be issued and membership will commence.

  6. Services The Workshop provides members with access to office and other services as specified in each Membership category, including but not restricted to, access to the internet, printers and staff support (Services). You acknowledge that some of these Services are provided to The Workshop and/or you by third parties, and, although The Workshop will use its reasonable endeavours to ensure that these services are available to members and/or are provided to a satisfactory standard, The Workshop cannot and does not give any warranty, representation or guarantee as to the availability or level of performance of any such service.

  7. Modifications to Membership and Services The Workshop reserves the right to modify or discontinue all or part of the membership or Services, temporarily or permanently, with or without notice to the Member, and is under no obligation to support or update the Services detailed in Clause (6) above. Any amendment to the Terms and Conditions shall be effective immediately following email notification to You. You acknowledge and agree that we shall not be liable to you or any third party if we exercise our right to modify or discontinue all or part of the Services. In the case of Monthly memberships, we reserve the right, in our sole discretion, to change The Workshop pricing upon 30 days' notice being given to members by email notification.

  8. Membership Payments and Credit Policy A Membership monthly fee is due and payable in advance on the 30th day of the preceding month, for which an auto-generated invoice will be issued by The Workshop. All amounts payable are exclusive of Goods and Services Tax (GST). Payment must be paid by Direct Debit from your nominated Bank Account. Standard monthly charges for other services provided as part of your membership may be included in the invoice issued. Where payment of any invoice is not made by the due date, a first payment default notice will be issued to the Member. The total outstanding (including default interest) must be paid within 7 days of receipt of the default notice. This notice will be issued by email or in writing and will be deemed to have been received by the member on the date it was sent. If payment is not received in full within 7 days of the default notice being sent then a second 48 hour default notice may be issued which may result in all membership privileges including access to the Club being revoked. The Workshop reserves the right in its sole discretion to terminate membership for non-payment. In the event of any default a Member on a fixed term membership will be immediately required to pay for the balance of the Term. This applies whether or not this agreement is terminated.

  9. Monthly charges for Ancillary Services provided by The Workshop All charges for Services used which are not included in the Membership fee will be invoiced to you by The Workshop normally on a monthly basis following month end. Payment for these ancillary charges must be paid on 30th of the month of invoice, or the 1st working day following the 30th month. Payment will be by Direct Debit from your nominated Bank Account.

  10. Payment Default for Ancillary Charges Should payment of the ancillary charges not be honoured on the date they fall due, a first payment default notice will be issued to the member together with an invoice for a late payment fee. The total of the payment default and the fee must be paid within 7 days of receipt of the default notice. This notice will be issued by email or in writing and is deemed to have been received by the member on the date it was sent. If payment is not received in full within 7 days of the default notice being sent then a second 48 hour default notice may be issued which may result in all membership privileges, including access to the Club, being revoked.

  11. Penalty Interest and Collection Charges The Workshop reserves the right, in their sole discretion to charge penalty interest for overdue payments of 20%. In the event that any unpaid member account and charges as detailed above is referred to a collection agency or lawyer, all costs of collection will be payable by the Member.

  12. Disputed Charges No disputes for charges invoiced by The Workshop will be recognised by The Workshop unless notification is made by email to [email protected]hopauckland.co.nz within 5 working days of issue of invoice. The disputed amount will be set aside until the dispute is resolved. In the interim, the undisputed portion of the relevant invoice must be made in accordance with the payment procedure detailed in Clauses (7) and (8) above.

  13. Space – common areas The Workshop will provide a variety of workspaces with additional rights and obligations specific to the terms of each Membership category. We have designed the common spaces so that anyone visiting should be able to find a seat and, most of the time, we hope that members will be able to use the common space immediately around them. However, please avoid occupying more than one seating location at any one time and if you leave a common space, please do not try to “reserve” it. Please: respect the rule of not more than 4 guests at a time; avoid moving furniture around without checking with our staff first; and be prepared to share your sofa or table with another member if the Club is busy.

  14. Business Address and Mail Depending on the Service(s) chosen by you, you may be entitled to use the The Workshop business address as your registered office, address for service or other business address. You will not in any way use or combine our name, in whole or in part, for the purpose of trading activities. Mail will be delivered to our Resident mail tray unless we have agreed otherwise with you. In such case: You will be responsible for all resulting forwarding and service charges; neither we nor our agents shall be responsible for any delay or loss of mail during the forwarding process; we will not be liable for any loss sustained as a result of any mechanical breakdown, strike, delay or failure of any staff, manager or caretaker to perform their duties; we reserve the right not to accept any items that exceed a reasonable size; we are entitled in our absolute discretion to return uncollected items or refuse to accept any quantity of items we consider to be unreasonable or unlawful; and on termination of your membership, you agree that all mail thereafter will be marked by us as "Return to Sender," and no further mail or deliveries will be made or accepted by us. If any parcel, chattel, packet or other object other than mail addressed to the Member is delivered to the Premises, we have no responsibility or liability if you or the sender fail to remove the same within one month of receiving notice from us of receipt of such item.

  15. Internet Connectivity and security The Workshop broadband and/or the The Workshop services may only be used for lawful purposes in accordance with all laws, statutes and regulations in force from time to time in New Zealand. You may not use The Workshop broadband and/or the The Workshop to send, receive, store, distribute, transmit, post, upload or download any materials or data which: violates any Law; is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment; is or may be harmful to minors; promotes or encourages illegal or socially unacceptable or irresponsible behaviour; is in breach of any third party rights (including any third party intellectual property rights); has any fraudulent purpose or effect or involves you impersonating another person or otherwise misrepresenting yourself as the source of any communication; damages or may damage our name and/or reputation or the name and/or reputation of our sub-contractors or agents. Finally, you must not to divulge the wireless password to guests under any circumstances as this compromises the security of the network.

  16. Usage You agree that you will not use any of the business address for any obscene, illegal, immoral or defamatory purposes and will not in any way bring The Workshop into disrepute. Although we aim to offer excellent business services, we are a club, and therefore all services are offered on a reasonable use basis. Please be mindful of other members when using The Workshop. The Workshop reserves the right to charge additional fees where usage is deemed to be excessive or unreasonable.

  17. Keys and After Hours Access Keys will be issued to members who rent private office space. Lost or stolen keys should be reported to a member of staff and a replacement will be provided at a charge of $50 plus GST per key. We reserve the right to refuse entry to any member who fails to pay the replacement fee. If The Workshop suffers loss or damage arising from unauthorised after hours access as a result of a Member’s negligence that Member will be required to compensate The Workshop in full for that loss or damage.

  18. Code of Conduct We may from time to time publish and update on the website a code of conduct (Code of Conduct). You must observe the Code of Conduct.

  19. Grey Lynn Precinct and building rules We will from time to time publish and update on the website any Grey Lynn Precinct and building rules relevant to your membership. You must observe these rules.

  20. Guests You can bring up to 4 guests at any one time, or more if you arrange it with us beforehand. You must let Reception know in advance of guests' names, and guests must sign in. You will be responsible for your guests' behaviour under all circumstances and we reserve the right to exclude a guest or ask them to leave at our sole discretion and without explanation.

  21. Telephone Etiquette The Workshop allows members to make telephone calls within the Club on their mobile phones.. However members are asked to: set the phone's ring volume to silent, or the lowest effective ringing volume; answer phone calls promptly and not leave active phones unattended; and respect their fellow members' right to a civilised working environment by talking as quietly as possible. Any member persistently ignoring these guidelines may be immediately barred from The Workshop.

  22. Lobby Terms The Workshop will operate its own version of 'lobby terms'. 'Lobby terms' is an expression describing the code of honour between Members of Parliament and journalists accredited to Parliament. It is a 'gentleman's agreement' that, unless agreed otherwise, matters raised in conversation between members and guests, or overheard by another member, are not to be used for commercial or journalistic purposes. Any member breaching lobby terms may be liable to expulsion with immediate effect.

  23. Images and Video - Release Members consent to The Workshop using their names, likeness, image and/or voice in any legitimate form of promotion/update/notices. Sources will be used by The Workshop alone and not be used or sold by a third party. Images include those taken at any function or event held or hosted by The Workshop. Members also consent to The Workshop allowing filming on the premises from time to time.

  24. Club or Member Property Any member who wilfully removes, damages, or destroys any article or property belonging to the Club, or to its members, or to guests on the premises will be liable to immediate expulsion. Any destruction, damage or theft shall be paid by the member, and will be debited from the member's bank account by Direct Debit, subject to a 30 day period during which a member may present an explanation or dispute the claim.

  25. Disciplinary Procedure and our termination of your membership If you do any of the following then we can, at our sole discretion, terminate your membership in writing or by email notification with immediate effect: infringe these Terms and Conditions or breach the Code of Conduct; be obnoxious to another member; be considered guilty of misconduct; or bring the Club into disrepute. Conduct warranting immediate membership termination may include, but is not limited to: disruptive behaviour, including loud and intrusive meetings or use of phones; violent or abusive behaviour; and the communication of information concerning the Club, members or their guests' affairs in The Workshop to the media. We may evict or exclude any member or guest whose behaviour we consider to amount to misconduct. The Workshop reserves the right to exclude any member or guest whether for a fixed period of time or permanently without stating a reason. Any member that is permanently barred from The Workshop as a result of a breach of these rules will be liable for payment of monthly fees until the End Date as stated in the Membership Form. Such fees and any other costs relating to termination or non-payment will be payable on demand to The Workshop following issue of termination notice and Invoice in accordance with clause (8).

  26. Complaints Members' complaints shall be put in writing to us and will be fully considered, if necessary, by us.

  27. Suggestions We welcome all suggestions which can be made by writing to [email protected]

  28. Disclaimer The Workshop shall not be liable for any damage to or loss or theft of any member's personal property while on the premises. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded. Also, we cannot accept and hereby exclude any liability for any indirect or consequential losses or for any of the following types of loss (in each case whether direct or indirect) suffered or incurred by a member arising out of any failure by The Workshop to comply with these rules or in relation to the operation of the Club, including without limitation any unavailability or poor performance of any of the office services: loss of profit; loss of revenue; loss of anticipated savings; loss of business, opportunity or contract; loss of goodwill; and loss of or corruption to data. If, notwithstanding the foregoing, The Workshop is liable to any member whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any reason arising out of the operation of The Workshop, our liability shall be limited in any calendar year to an amount equal to the annual membership fees paid by such member in such year.

  29. General Our facilities are available to some members 24 hours 7 days a week. However, business hours are defined as 9:00 am to 5:30 pm Monday to Friday, excluding bank and public holidays. Any notice required to be given under this agreement can be given by email.

  30. Governing Law This agreement shall be governed by the law of New Zealand and New Zealand Courts shall have exclusive jurisdiction in respect of any dispute between a member and The Workshop arising out of or in relation to it.

  31. Privacy Act and Privacy Policy All information that you give us will be kept confidential and only used for purposes which you have agreed to or in respect of which you have otherwise given us permission. We will use the information you provide to us to: arrange and provide the Services; keep in contact with you; invoice and arrange payment of the price for the Services; with your permission, keep you up to date with information about services provided by us and our partners and providers; with your permission, send you information we think you may find useful, including information about new products and services we may be offering, or plan to offer. We may disclose aggregate statistics about our members in order to describe our services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifying information. We may disclose personal information if required to do so by law or if we believes that such action is necessary to protect and defend the rights, property or personal safety of The Workshop or any member. We place great importance on the security of all personally identifiable information associated with our clients, partners and providers. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information data under our control. While we cannot ensure or guarantee that loss, misuse or alteration of data will not occur, we use our best efforts to prevent this. You have a legal right to a copy of all the personal information we hold about you. You also have a right to correct any errors in that information. You have a right to prevent us using your personal information for direct marketing purposes.

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