Terms of Business

Using Scarborough Business Centre – Business Lounge
  1. We are Scarborough Business Centre hereafter referred to as “SBC”. These are our terms of They apply to the Membership Agreement which you the Client have signed (Agreement). Execution of the Agreement and payment of the Membership Fee provides you the Client with access to the Business Lounge Office Services (Office Services) at Member Rates.
  2. Security Deposit

Should you require 24 hours, 7 days per week access, a Security Deposit is held for the period of the Membership to cover the cost of the Electronic Access Key-Tag to the Building and Lounge. This Deposit is refunded upon return of the Key-Tag.

  1. Office Services

We provide office services including Furnished Office Accommodation by way of “Cube” workstations and “Private Offices”, Meeting Rooms, Virtual Office address, Internet access, Printing and Scanning, Telephone and Mail Forwarding Service. You agree to pay a fee for the services you choose at a rate described in the Offering. Furnished Office Accommodations and Meeting Room Clients have complimentary access to the Business Lounge Kitchen, tea and coffee facilities, “Scarborough Business Centre” Wi-Fi network, and reception foyer area for meeting guests. We are to provide the services during Normal Operating Hours Monday to Friday, 9:00am through to 6:00pm. 24 hours, 7 days per week access is available to Clients with an Electronic Access Key-Tag. All services are subject to the availability at the time of any service request. We will endeavor to deal with a service request at the earliest opportunity but will not be held responsible for any delay.

  1. Scarborough Business Centre – Internet, Telephone and Wi-Fi

We do not make any representations as to the security of our network (or the Internet) or of any information that you place on it. You should adopt whatever security measures (such as encryption) you believe are appropriate to your circumstances. We cannot guarantee that a particular degree of availability will be attained in connection with your use of the services. You hereby warrant to us that our provision of these services to you will not infringe the rights of any third party. We warrant that the services shall be provided and performed in a professional and workmanlike manner and shall conform to the description of the services set out in the Scarborough Business Centre, Business Lounge Offer. If we fail to provide the services as warranted, your sole and exclusive remedy shall be the remedy of such failure by us within a reasonable time after written notice. The above warranty is in lieu of all other terms, conditions and warranties, whether express or implied by usage, custom, statute or otherwise, appertaining to the services and manner in which we perform our obligations and exercise our rights including, but without prejudice to the generality of the foregoing, such as relate to the description, performance, quality, suitability or fitness for any particular purposes, of the services. We do not warrant that the services will be uninterrupted or error free.

  1. Using the Business Lounge

You must only use the accommodation for office purposes, and only for the business stated in your Agreement or subsequently agreed with us. Office/Accommodation use of a “retail” nature, involving frequent visits by members of the public, is not permitted. You must not carry on a business which competes with our business of providing a serviced office accommodation.

  1. General

Entry will be refused or a person requested to leave the Lounge if the person:

  • is abusive or uses offensive language or behaves in an unprofessional or discriminatory manner; or
  • is under the influence of drugs or alcohol.
  • No smoking is permitted in the Lounge and no pets are permitted in the building.
  1. Signage

You must not put up any signs on the doors to your accommodation or anywhere else which is visible from outside the accommodation you are using.

  1. Virtual Office Clients may use the Business Centre address as the business address and postal address.
  2. Taking Care of Our Property

You must take good care of all parts of the Business Centre, its equipment, and the 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 the Business Centre with your permission or at your invitation.

  1. Office Furniture and Equipment

You must not install any furniture or office equipment, cabling, IT or telecom connections without our consent, which we may refuse at our absolute discretion.

  1. Keys and Security

Any keys or entry cards which we 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 keys or cards and / or changing locks, if required. If you use the Business Centre outside normal working hours it is your responsibility to lock the doors to the Business Centre and to the building when you leave.

  1. Comply with The Law

You must comply with all relevant laws and regulations in the conduct of your business. You must do nothing illegal. You must not do anything that may interfere with the use of the Business Centre by us or by others, cause any nuisance or annoyance, increase the insurance premiums we have to pay or cause loss or damage to us or to the owner of any interest in the building which contains the Business Centre. 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.

  1. Comply with House Rules

You must comply with any house rules which we impose generally on users of the Business Centre whether for reasons of health and safety, fire precautions or otherwise.

  1. Insurance

We have liability insurance cover which is subject to the terms and conditions of the policy that we hold from time to time. We make no promise and give no warranty in respect of the extent to which our insurance cover may benefit you, if at all. It is your responsibility to arrange insurance cover for all and any of the risks that arise in respect of your use of the Scarborough Business Centre and its facilities including but not limited to your own liability in respect of your property, the premises, any visitors that you may have at the premises, your employees and any third parties. We may ask you to provide evidence of the insurance cover that you have in place and confirmation that your insurance cover extends and applies to your use of the Scarborough Business Centre. We may limit your access to the Scarborough Business Centre or preclude you from being at the premises or using any of the facilities unless and until you have provided satisfactory evidence of insurance.

  1. Fair Use

All Clients must comply with the principle of ‘Fair Use.’ We believe ‘Fair Use’ means that our Services are not used in a way that is ‘unreasonable’ in the circumstances. While this is not an exhaustive list, examples showing what will/will not constitute ‘Fair Use’ or what will be considered ‘unreasonable’ use are: please limit the number of guests the Client brings into the Lounge. Excluding meeting room bookings, we consider that two guests for up to two hours is reasonable. Please understand that to be fair to other Clients we may need to limit guest access in peak times. Please limit printing to a reasonable amount in accordance with any policies introduced from time to time by SBC. Unless otherwise notified by SBC, we consider 10 black and white A4 pages per user per day to be reasonable. Fees will apply for additional pages. The client must not use the internet access provided for excessive downloads, especially for personal use (i.e. not for ordinary business or commercial purposes). This includes, but is not limited to, the use of any torrent client software. Use of mailing services should be limited to ordinary business or commercial purposes and not used excessively or predominately for personal use. Repeated or continual abuse of the fair use requirements may result in the suspension or termination of the client’s Membership.

  1. Providing the Services

If for any reason, we cannot provide the Accommodation(s) stated in your Agreement by the date when your Agreement is due to start we have no liability to you for any loss or damages but you may cancel the Agreement without penalty. We will not charge you the standard fee for accommodations you cannot use until they become available.

  1. Suspension of Services

We may by notice suspend the provision of services (including access to the Business Centre) 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.

  1. 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 team, termination of our interest in the building containing the Business Centre or otherwise unless we do so deliberately or are grossly negligent. We are also not liable for any failure until you have informed us about it in writing and given us a reasonable time to put right. In addition, client releases SBC from any liability arising out of or incurred in connection with any Client Mail. 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, your 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 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. We strongly advise you to insure against all such potential loss, damage expense or liability.

  1. The Nature of Your Agreement

The whole of the Business Centre remains our property and in our possession and control. You acknowledge that your Agreement creates no tenancy interest, leasehold estate or other real property interest in your favor with respect to the accommodation. We are only giving you the right to share the use of the Business Centre with us, 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 obligations under it at any time.

  1. Duration

Your Agreement commences on the date of the Agreement and remains current until either you wish to suspend the service or the Agreement is ended under clause 21.

  1. Ending Your Agreement Immediately

We may put an end to your Agreement immediately by giving you notice if:

  • 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 put right, or if we have given you notice to put right and you have failed to put right within fourteen days of that notice, or
  • your conduct, or that of someone at the Business Centre with your permission or at your invitation, is incompatible with ordinary office use.

          If we put an end to the Agreement for any of the above reasons, it does not put an end to any outstanding obligations you may have, and you

          must:

  • pay for any additional services you have used
  • indemnify us against all costs and losses we incur as a result of the termination.
  1. If The Business Centre is Not Available

In the unlikely event that we are no longer able to provide the services and accommodation at the Business Centre stated in your Agreement then your Agreement will end and we will refund the value of any credits you have with us.

  1. When Your Agreement Ends

We ask you to return the Building Key and Business Lounge Tag. Upon receipt, we shall refund the Security Deposit.

  1. Notices

All formal notices must be in writing. The Client is responsible for keeping an updated address record at the Centre.

 

  1. Confidentiality

The terms of your Agreement are confidential. Neither of us may disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues after your Agreement ends.

  1. Indemnities

You must indemnify us in respect of all liability, claims, damages, loss and expenses which 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
  • From a third party in respect of your use of the Business Centre 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.
  1. Applicable Law:

Your Agreement is interpreted and enforced in accordance with the laws of the state Queensland.

  1. Optional Services & Fees

Fees for Optional Services, plus applicable taxes, in accordance with our published rates which may change from time to time, are invoiced in arrears on or around the 10th of the month and are due and payable within 7 days of Invoice.