This Guidelines apply to all Members and Visitors to South Hive.
Use of the Premises
- Smoking, and the consumption illicit drugs are not permitted inside the Premises.
- Noise must be kept to a minimum and you must not affect the quiet enjoyment of the Premises for others. The phone room or board room must be used for loud or extended conversations.
- The Premises must be kept clean and tidy and all rubbish placed in designated bins.
- You must not obstruct or prevent the use of the common areas by others.
- All facilities on the Premises must only be used for their ordinary purpose.
- All the doors and windows on the Premises must be locked and secured when the Premises are not being used. Refer to our Closing Up Policy if you are the last one to leave.
- You acknowledge that we may have other Members in a competitive business to you. It is each Members’ responsibility to keep your business information secure and confidential while on the Premises. All ideas shared at South Hive are communicated at your own discretion. You must ensure that any electrical or other equipment that you bring into the Premises is safe, and fit for its purpose.
- After using common areas please ensure that the furniture configurations are returned to their original position, dishes are returned to the kitchen and the area is reinstated to a clean and tidy state as it was prior to your occupation.
- Damage. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to the South Hive premises and any South Hive items therein caused by you or your guests because of you or your guests use of the space.
Treatment of Others/Privacy
- You must treat others respectfully at all time and refrain from behaviour that:
- may be offensive or be a nuisance to any person in or around the Premises;
- is defamatory, fraudulent, threatening, intimidating, harassing, disrespectful, inappropriate, abusive, sexist, racist, homophobic, or violent;
- infringes the intellectual or other proprietary interests of others;
- damages Our property or the property of other Members;
- violates any law; or
- encourages or incites any other person to engage in any of the above behaviour.
- You agree to respect the Privacy and Confidentiality of other Members and agree to keep all information which you obtain about other Members while using the premises strictly private and confidential.
- If you find confidential, private or business material relating to another individual or business on the Premises, you agree to keep the information secure and either return it to its rightful owner or give the material to Us.
- All members Guests must sign in using the form located in the entry foyer. We have the right to refuse access to any Guests within our discretion.
- Members are responsible for the actions of their Guests. It is the Members’ responsibility to ensure any Guests brought into the Premises adhere to these Guidelines.
- We may limit the number of Guests attending the Premises at any time and Members agree to abide by those limits.
- Guests who require a desk will be provided a desk subject to availability. We cannot guarantee the location of the desk.
- The number of non-paying guests brought into the Premises must be limited to a maximum of 2 guests for 2.5 consecutive hours per month or a total of 5 collective guest hours per month (unless you have booked the board room). South Hive reserves the right to limit guest access during busy periods. If guests stay more than 5 collective hours per month they will be required to pay a daily rate of $40 per day they occupy a desk.
Health and Safety Requirements
- All health and safety policies must be followed at all times.
- You must inform our representatives of any accidents or faults that occur at the Premises as soon as possible.
- You must ensure that if an incident arises giving rise to safety concerns, that you take reasonable steps to avoid further loss, damage or injury including securing the area and notifying Us immediately.
- Where damage arises on the Premises that gives rise to an insurance claim by the Us you must comply with Our requests for additional information as reasonably requested so as to not prejudice the Our insurance claim. You must comply with all Guidelines or directions which We may make from time to time especially in relation to the common areas.
- You must comply with any insurance, sprinkler and fire alarm regulations.
- You must not engage in conduct that interferes with any drains, water supply, gas, electrical plumbing or any other services contained in the Premises.
Acceptable Usage Policy
- Internet: The internet may only be used for legitimate business purposes. Abuse of the internet may result in termination. The Internet must be used conservatively as bandwidths and storage are limited. Do not deliberately use the internet in a way that unfairly monopolises resources to the detriment of others.
- Acceptable printing usage: Printers must be used only for business purposes. Members are prohibited from using any South Hive printer for personal use or for illegal activities
- Included in each membership is up to a maximum of 100 black and white printed single sided pages per month. Members who print colour or more than 100 black and white single sided prints per month will be considered to have printed excessively and will be charged by South Hive at our sole discretion.
- Avoid print wastage. You must:
- Use Print Selection to select and print only what you want printed.
- Preview before you print.
- Retrieve your printed items. Don’t let prints just sit at the printer.
- Condiments: Barista style coffee machines, milk, coffee and tea are provided for use for you and your guests during business hours only.
- We are a dog friendly co-working space. This is restricted to one dog per level per day booked in on a first in best dressed basis. Refer to our Pooch Policy for more information.
- We have the right to refuse your dog entry or request that your dog leave within our discretion.
- Members are responsible for the behaviour and actions of their dog. It is the Members’ responsibility to ensure any dog brought into the Premises is social, well behaved, not causing nuisance to other members and their guests and adheres to the guidelines as detailed in our Pooch Policy.
Membership Terms and Conditions
These Membership Terms will form an agreement between You and South Hive Pty Ltd (ABN 38 164 526 774) (Us, Our, We) for the use of Our co-working space at 133 Market Street South Melbourne 3205 (“the Premises”).
- This document, together with our Co-Working Guidelines form the agreement between the Member (You, Your,) and Us.
- The Agreement will commence on the Commencement Date and will continue until Cessation Date (if one is nominated) or the date that this Agreement is otherwise terminated in accordance with these terms and conditions.
- Memberships cannot be transferred to third parties, without our prior written consent.
- Your Membership entitles you to an exclusive license to use the Designated Space, as well as use of the common areas in the Premises.
License to You
- Silver Dawn Investments Pty Ltd is the owner of the Premises and has leased the premises to South Hive who has been given the authority to grant this license to you.
- You agree to pay the Membership Fee in return for this license.
- The Membership Fee includes reasonable use of all building outgoings such as electricity, water, internet, weekly cleaning, and office supplies such as ink, paper, coffee, tea and milk. South Hive has the right to request additional payment be made if you are deemed to have excessively used any of the Membership inclusions in our sole discretion. This clause is subject to the acceptable usage policy as detailed in our co-working guidelines.
- This License will commence on the Commencement Date and will terminate automatically upon the Cessation Date, unless otherwise terminated.
- Membership Fees may be increased at any time, and will take effect only upon renewal of your Membership for any additional period.
- Memberships will renew automatically each month on the same date of this Agreement, unless 28 days’ notice of termination is given.
- The rights granted to You exist only in this Agreement, and this License does not grant You any tenancy, estate or interest in the Premises whatsoever.
- Depending upon the nature of the Designated Space, South Hive may provide facilities for storage of business and personal belongings (“the Goods”).
- You may store Goods in the Designated Space in accordance with this Agreement, the Co-Working Guidelines and any other policies of South Hive as they exist from time to time.
- Storage of Goods in the Designated Space or goods left on your desk is at Your own risk. South Hive will not be deemed to have knowledge or possession of the Goods stored by You.
- We can only provide the Services for the Fees quoted if Members use the Premises fairly in accordance with this clause. You agree that you will:
- only use the Premises for the number of days per month and during the times allocated to your Membership;
- limit the number of guests you bring into the Premises to a maximum of 2 guests for 2.5 consecutive hours per month or a total of 5 collective guest hours per month (unless you have booked the Board Room). South Hive reserves the right to further limit guest access during peak periods.
- You agree to abide by the fair use policies set out in the co-working guidelines.
- Membership Fees are payable by way of automatic direct debit from your nominated debit/credit card.
- Membership Fees are debited monthly in advance on your commencement date and the anniversary of your commencement date thereafter each calendar month or the next available business day.
- By signing this Agreement, you authorize South Hive to debit your nominated debit/credit card to pay your Membership Fees and or any additional costs payable to South Hive in accordance with this Agreement.
- Members must notify Us of any changes to your nominated payment method immediately. It is your responsibility to ensure that your payment details are kept up to date and that there are sufficient funds in your nominated account to enable the successful debit of the Fees each month. If a direct debit payment is declined, You agree to pay any associated fees incurred by Us as a result.
- We will make 2 attempts to deduct your Membership Fees. If there are 2 consecutive payment defaults your Membership will be terminated immediately.
- You agree to pay South Hive any costs (including legal fees) incurred by Us in connection with exercising, enforcing or preserving or attempting to exercise, enforce or preserve rights under this Agreement, including in connection with any payment default or loss or damage to the Premises by You.
- All payments payable by You under this Agreement must be made as and when they fall due and without set-off or deduction.
- Membership Fees are reviewed on a six-monthly basis and may vary in Our sole discretion. Members will be given 3 months written notice of any proposed Membership Fee increase.
- Membership Fees are GST exclusive unless stated otherwise.
Access and Use of the Premises
- A swipe card is needed by all Members to access the Premises and must be purchased for a refundable deposit. Swipe cards are not transferrable and must be returned to us at the end of your Membership. To ensure security in the Premises you must not lend your swipe card to any other person, and must notify us immediately if it is lost or stolen.
- The Meeting room and phone call room are available in the Premises for use by Members subject to our meeting room policy, as may be implemented or amended from time to time.
- You may access the Premises during the access hours set by South Hive from time to time in accordance with your membership level. Each member will be provided a FOB access pass with standard access hours 8am to 6pm Monday to Friday. Full after hours’ access will be granted to full time members with a dedicated desk or private studio.
- You may only use the Premises, including any Designated Space and Common Areas, for business purposes.
- You are solely responsible for securing the Designated Space and must properly secure the Designated Space at all times when You are not on the Premises (including in accordance with any directions by Us).
- You agree not to use the Premises for any purpose that is unlawful or prohibited.
- The following is prohibited on the Premises:
(a) any use that will interfere with, overburden or impair our Server;
(b) any interference with another Members use of the Premises; and
(c) any activity that is reasonably likely to be disruptive, damaging or dangerous to others or their property.
- South Hive will at all times maintain public liability insurance for the Premises.
- You agree to:
(a) not attach nails, screws, fittings or fixtures to any part of the Premises or the Designated Space without first obtaining Our consent;
(b) not affix shelving, cabinets or other storage units to the walls;
(c) maintain the Premises (including the Designated Space) in a clean, safe and good state of repair;
(d) to abide by the Co-Working Guidelines at all times while on the Premises;
(e) permit South Hive, Our agents or workmen to enter or access to the Designated Space during normal business hours, after giving reasonable notice to carry out any repairs or alterations, and you agree to do anything necessary to comply with notices or orders of any relevant authority; and
(f) provide immediate access to the Designated Space if We deem access is required due to an emergency, an obligation by law, or any threat to property, or the safety of others.
- South Hive may refuse You access to the Designated Space and/or the Premises if any amount is outstanding under this Agreement, regardless of whether or not a formal demand for payment has been made.
- You acknowledge and agree that South Hive will not be liable for any claim for any cost, loss or damage suffered as a result of Your being unable to access the Premises, the Designated Space or Your Goods if We refuse access in accordance with this Agreement.
- We may in Our absolute discretion require You to transfer Your Goods to another Designated Space within the Premises, on the condition that We provide You with one month(s) prior written notice.
Risk and Responsibility
- You are solely responsible for having insurance that covers all Goods brought on to the Premises.
- Goods are stored at the sole risk and responsibility of You, including in relation to the risk of theft of the Goods and/or damage to or deterioration of the Goods for any reason.
- If You leave Goods unattended anywhere on the Premises (including in a Designated Space), You do so at your own risk.
- You must not store any Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person.
- You also must not store any Goods which are irreplaceable, such as cash, money, deeds, or items of personal sentimental value.
- South Hive has no liability for loss or damage caused to goods of others while on the Premises.
- You agree that you occupy the Premises at your own risk and You agree to indemnify and keep South Hive indemnified from any damage, destruction, loss to property or injury to or death of any person resulting from Your use of the Premises or the use of any person You bring on to the Premises.
- Costs do not have to be incurred for this indemnity to take effect.
Limitation of Liability
- We make no representations about the security of our internet, and we recommend that you take adequate security precautions to protect your information as necessary for your requirements.
- Neither Us or You will be liable for any non-compliance with this Agreement that arises from factors outside of our control such including but not limited to those arising from weather, third party providers, war, or accidents.
- To the extent permitted by law, the Premises are made available to you on an ‘As Is’ basis and to the extent permitted by law, all warranties and conditions whether in statute or implied are disclaimed.
- There is no warranty for quite enjoyment of the Premises and Your use of the Premises or that any information that you bring into the Premises will remain confidential. Your use of the Premises is entirely at your own risk.
- To the extent permitted by law, South Hive shall not be liable to You under this Agreement for loss of business opportunity, loss of profit, loss of goodwill, loss of contracts, or damages payable by You arising from your Use of the Premises.
- To the extent permitted by law, any damages that South Hive is liable to pay You under or in respect of this Agreement are limited to the further supply or cost of further supply of access to the Premises equivalent to that (and on the terms) provided under this Agreement.
- We require 28 days’ notice to cancel your membership. If less notice is received, your next monthly payment will be processed, and you will have access to the Premises until the end of your monthly cycle.
- For non-ongoing memberships, this Agreement will terminate automatically on the cessation date.
- Upon termination, You must:
(a) Ensure all amounts owing to South Hive under this Agreement are paid in full.
(b) Remove all Goods and other items belonging to You from the Premises before the close of business on the date termination.
(c) Leave the Premises (including the Designated Space) in a clean condition and good state of repair to Our satisfaction.
- Any Goods that remain on the Premises 14 days after termination will be deemed abandoned by You and may be sold or disposed us by Us within our sole discretion.
- We may terminate this Agreement without notice to You if:
(a) You fail to pay money owing to Us under this Agreement within 7 days of a formal demand, during which time your access will be suspended?
(b) You commit a breach of this Agreement or the Co-Working Guidelines.
- The obligation to pay any money owing to Us and Indemnities provided in this Agreement survive termination.
- We may cancel your Membership with immediate effect if you:
(a) breach your obligations;
(b) breach any of your other obligations in these Terms and, if such breach is capable of remedy, you do not remedy your breach within 7 days of being notified by us.
- Either party may cancel your Membership at any time by providing the other party with at least the Minimum Notice in writing. If you fail to give us the Minimum Notice, or if your Membership is terminated, you shall remain liable for all Fees for the Minimum Notice period.
- We will refund to you the Deposit within 7 days of termination of your Membership for any reason. We reserve the right to deduct from the Deposit any amounts owed to us by you, including, but not limited to, any outstanding Fees.
- We may amend these Terms at any time by providing 3 months’ written notice. If we choose to do so, we will inform you in writing. If you are unhappy with any proposed changes contact any of our staff members and we will use reasonable endeavors to address your concerns.
- You may change your personal and billing information and change or cancel your Membership via the Portal. You must do this at least 30 days prior to the day you require the change or cancellation to take effect.
- A failure or delay by a Party to exercise any rights under this Agreement will not operate as a waiver of those rights.
- If any clause, term or provision of this Agreement is legally unenforceable, inapplicable or in its application would breach any law, that clause, term or provision will be severed or read down so as to maintain (as far as possible) all other terms of the Agreement.
- You acknowledge that the terms of this document together with the Co-Working Guidelines constitute the entire agreement between the South Hive and You.
- This Agreement is governed by the laws of Victoria, Australia and the Parties submit to the jurisdiction of the Victorian Courts.