The Precinct Membership Agreement
The Terms and Conditions of this Membership Agreement apply to participation in the Precinct.
In this agreement, We, Us, Our or UBT means UBT MARKETING PTY LTD ACN 162 091 796 as trustee for the UBT Marketing Trust ABN 84 296 716 805 and You, Your or Member means you, an individual who is specified to be a member in accordance with a Membership Agreement.
- Memberships and Access Cards
- To become a Member of The Precinct You must be a UBT Client.
- You will be provided a limited right to use and to access the services in the Precinct in accordance with the terms of this Agreement.
- If You are in default of any of the terms of this agreement, then Your right to access the Precinct may be suspended or terminated in Our sole discretion.
- Apart from Your rights to access the Precinct set out in this document, no term of this document creates in Your favour any tenancy interest, leasehold estate or other real property interest with respect to the Precinct.
- Membership Inclusions
- You will be provided with the Membership Inclusions set out in your Membership Agreement.
- You may access the Precinct during Business Hours, or such other additional hours as specified in Your Membership Agreement.
- Additional Inclusions can be purchased as part of a Membership Level or individually on a Pay As You Go basis.
- Use of access to the Precinct is measured in whole days.
- Membership Inclusions are non-accumulative and do not carry over to the following period.
- Where Your use of the Membership Inclusions is in excess of the use specified in Your Membership Agreement, You will be charged for Your additional use on a Pay As You Go basis.
- Unless Your membership level is Platinum (where You have a dedicated workspace), workspaces must be cleared at the end of each day, and You are solely responsible for Your belongings.
- Additional Terms
- Business Address
- Where a Membership Agreement provides for the inclusion of a Business Address, a Member may use Level 6, 10 Herb Elliott Avenue, SYDNEY OLYMPIC PARK, NSW 2127 as Your business address.
- Where mail is sent to the Business Address, UBT will receive and hold or forward mail for You while you are compliant with the terms of this Agreement.
- Mail will be forwarded at the postage cost plus a reasonable handling charge at UBT's Published Rates.
- UBT reserves the right to not accept any excessively large, unreasonable or unlawful packages.
- At the conclusion or termination of a Membership Agreement, UBT can either forward mail (as descried above) or will otherwise mark mail with 'Return to Sender' and return the mail.
- Receptionist Services
- Where a Membership Agreement provides for the inclusion of Reception Services, You will be entitled to a local telephone number assigned to You by UBT.
- UBT will provide a personalised call answering by a receptionist during normal business hours, and voicemail service after business hours.
- UBT's Receptionist Services will be available as set out in Your Membership Agreement.
- Business Address
- Locker Storage
- Where a Membership Agreement provides for the inclusion of Locker Storage, You will be provided a designated locker to store personal belongings. You must keep Your locker clean and tidy and must not store any illegal, flammable or dangerous items in Your locker. You must follow all UBT polices regarding locker usage at all times.
- Lockers will not be accessed by UBT unless you are in default of this Membership Agreement or unless there are health or welfare issues caused by contents of locker (such as smells or other reasonable issues to cause UBT to access).
UBT will provide Members the ability to use printers which will be billed on a Pay As You Go basis at the UBT Published Rates.
- Car Parking
- Where a Membership Agreement provides for the inclusion of Car Parking, You may park Your car in car parking spots designated by UBT
- UBT is not responsible for any loss or damage to a Your car or any personal belongings contained within it.
- Dedicated Workspace
- Where a Membership Agreement provides for the inclusion of a Dedicated Workspace, You will be provided a designated workspace which You can use on an ongoing basis.
- The Dedicated Workspace may be located in an open plan or public area.
- All Dedicated Workspaces are allocated by UBT in its absolute discretion.
- UBT may re-assign Dedicated Workspaces by giving You 5 Business Days' notice.
- Amendment to Membership Inclusions
- UBT may at any time amend the Fees or Membership Inclusions in accordance with the following process:
- UBT must give 30 days' written notice to all Members who will be impacted by material amendment(s) to the Membership Inclusions (Affected Members);
- Upon receiving written notice, Affected Members may cancel their Memberships at any time up until the expiry of the 30 day notice period;
- Members who do not elect to cancel their Memberships prior to the expiry of the 30 day notice period will be deemed to have accepted UBT's amendment(s) to the Membership Inclusions and will continue to be bound by their Membership Agreement (with the inclusion of the amendment(s) made by UBT).
- The notice period and process specified in clause 2.3(a) applies to only material amendment(s) to the Membership Inclusions, and not withstanding clause 2.3(a) UBT may make non-material changes to the Fees (including without limitation CPI Fee increases) or Membership Inclusions at any time.
- Access Cards
- You will be provided with an Access Card which must be kept on You at all times while in the Precinct.
- Any Access Cards issued remain the property of UBT and must be returned upon request.
- Membership and Access Cards are personal and cannot be transferred, assigned or used by other persons, unless authorised by UBT in writing.
- You are required to present Your Access Card along with a valid photo identification, when You check in and access the Precinct.
- Should You lose Your Access Card, You must report the loss to UBT immediately, and You will be charged a reasonable fee for any replacement required.
- You are liable for any loss or damage caused to UBT due to a lost Access Card.
- In consideration for being provided the Membership Inclusions, You agree to pay the Fees. Generally, all Fees are charged monthly in advance to either Your nominated credit card or bank account. Some Fees (for example Fees in respect of hiring a Meeting Room) are charged in advance before the service is provided. Fees for the first month of a Membership will be charged on a pro-rata basis.
- All Pay As You Go Products and Services will be charged monthly in arrears on the first day of each month. By providing credit card or bank account details, You agree to UBT's Direct Debit Terms and Conditions and any terms and conditions which are imposed by the bank or merchant responsible for processing payments.
- Fees will be fixed for the Term, however they may be increased at the expiry of the Term and thereafter. Fees for Pay As You Go Products and Services may change from time to time, in accordance with UBT's Published Rates. One month’s written notice will be given of any change to Membership Fees or UBT's Published Rates.
- You must pay the Fees when they are due. Fees are due on the date specified on a tax invoice provided by UBT, and if not specified 14 days after the date You incurred the Fees. In the event that You do not pay the Fees when they are due or if Your payment is declined due to insufficient funds in Your account, You may be charged a payment decline fee of Thirty Dollars ($30.00). Interest at the rate of Fifteen Percent (15%) per annum calculated and compounded daily is payable on all outstanding amounts. Where amounts are outstanding, UBT may suspend any of the Members Inclusions or a Member’s Membership. Where amounts are outstanding for a period greater than 20 Business Days, UBT may terminate Your Membership and claim all loss arising from the termination. You are responsible for all interest, debt collection costs and legal costs on an indemnity basis which UBT incurs to collect Fees owing.
- If You dispute any part of an invoice then You must pay the undisputed amount by the due date, and any correctly disputed amount will be credited or refunded by UBT (in its sole discretion).
- All Fees are non-cancellable and non-refundable, except as expressly set out in these Terms and Conditions or otherwise agreed to by UBT in writing. If You pay a Fee and then fail to make use of the Membership Inclusions, You will have no entitlement to any refund from UBT.
- All fees exclude GST and other taxes unless expressly stated otherwise.
- Membership Renewal, Suspension or Termination
- Memberships will be for the Term specified in the Membership Agreement. Memberships will be automatically renewed on a month by month basis at the expiry of the Term, until terminated. You may terminate Your membership by giving 30 days’ written notice prior to the end of the Term or thereafter. All month to month Memberships will continue to the last day of the month. You acknowledge that renewal terms and any extensions of access are at the discretion of UBT.
- If You breach these terms and conditions (including a breach for non-payment of Fee's), UBT may suspend or terminate Your Membership with immediate effect and without the need to give formal written notice. If UBT suspends or terminates Your Membership for any of these reasons it does not put an end to Your outstanding obligations.
- In the event that UBT is no longer able to provide the Membership Inclusions stated in the Membership Agreement, then the Membership Agreement will end and You will only have to pay monthly fees up to the date of termination and for any additional services You have used. UBT will have no further liability to You for terminating this Membership Agreement.
- At the end of the Term or when a Membership Agreement is cancelled or terminated, You must:
- vacate the Precinct immediately,
- remove all property brought onto the Precinct or into the Building by You or Your Guests, including personal belongings and any property stored in a Your locker; and
- rectify, to UBT’s satisfaction (acting reasonably), any damage caused to the Building by You or any of Your Guests.
- UBT reserves the right to charge You additional reasonable fees for any repairs needed to return the Precinct to its condition when it was provided to You. If You leave any property in the Precinct UBT may charge a storage fee, and/or dispose of that property in any way it sees fit at Your cost.
- Once Your Membership Agreement has ended, access to the Precinct and the Membership Inclusions (including but not limited to Access Card, networks, internet and meeting room reservations) will be cancelled.
- UBT may, by written notice terminate Membership Agreements with immediate effect and remove access to the Precinct if You become insolvent, bankrupt, go into liquidation or become unable to pay Your debts as they fall due.
- Assignment and Change of Membership Details
- UBT may assign all or any of its rights under or in respect of this document,
- You must not assign any right under or in respect of this document without the prior written consent of UBT.
- You may request UBT to change the name of Your company or the individual(s) on Your membership. Requests must be made by email. Any prior invoices will be as issued and cannot be changed.
- No guests are permitted in the Co-Working area.
- You may bring one (or two?) guest(s) into the Lounge for up to 2 hours. If a longer visit is required a Lounge Day Pass may be purchased. For more than one (two) guest(s), meeting rooms are available for rent.
- Your obligations extend to Your guests, employees, contractors and assignees (Guests). In using the facilities, Guest are to comply with these Terms and Conditions and in particular the House Rules.
- You are liable for any damage caused by Your Guests.
- Availability of space
- Meeting rooms can be booked in advance via the The Precinct Website.
- Co-Working and Lounge space cannot be booked in advance.
- The availability of all Co-Working, Lounge and Meeting Room space is subject to availability. Should the space You are entitled to not be available, UBT reserves the right to upgrade You to space of higher value.
- You must provide more than 2 Business Days' notice in advance for all cancelations. Where You provide more than 2 Business Days' notice in advance, there will be no cancelation fees.
- Where You do not provide more than 2 Business Days' notice in advance, cancellation fees (a 100% cancellation fee or a deduction from Membership Inclusions) will apply.
- House Rules
You must comply with UBT's house rules which UBT may alter or amend at any time:
You (and Your guests) must:
- acknowledge that You are using a shared working space. You agree that You and Your Guests will, at all times when on the Precinct or in the Building, respect the rights and needs of other occupants and not do anything to offend them (including, without limitation, by creating unwanted noise or smells or by conduct generally).
- use the Precinct solely for the purposes of administering Your business (the Purpose). Any other use is prohibited unless UBT has given its prior written consent;
- comply with all relevant laws and regulations in the conduct of Your business and do nothing illegal or fraudulent in connection with Your use of The Precinct;
- take good care of the The Precinct, its equipment, fittings and furnishings that You use;
- not make alterations or additions, display anything in the windows or doorways or install any equipment to the Precinct without UBT's prior written consent;
- not install any cabling, IT or telecom connections or any other fixed or semi fixed material without UBT’s written consent, which UBT may refuse in its absolute discretion;
- not bring any animals into the Building other than certified assistance animals which are being used for that purpose;
- conduct Yourselves in a businesslike manner and dress in appropriate business attire;
- respect other persons’ confidentiality and privacy;
- not harass or interfere other persons;
- not cause any nuisance or annoyance to, or interfere with the use of the Precinct or Building by, UBT, its tenants or any other occupiers;
- not keep in The Precinct any substances of a dangerous, corrosive, combustible, explosive, radioactive or offensive nature or which might damage any Precinct, buildings or conducting media;
- comply with:
- all by-laws, rules and regulations made or established by the owner of the Building or a relevant body corporate from time to time, especially in relation to the common areas;
- all laws relating to work health and safety; and
- all reasonable directions of UBT and its employees and agents in relation to use of the Precinct and Building.
- accept responsible for the security of Your property and that of Your guests. It is Your Responsibility to arrange insurance covering the property which they bring into the Building and Your liability to employees and third parties.
- UBT's Warranties
- UBT does not make any representations as to the security of (i) UBT’s telecommunications network, (ii) the internet connection it provides to You, or (iii) any information that You place on any network available on the Precinct or in the Building. You should adopt whatever security measures (e.g. encryption) You believe appropriate.
- UBT gives no warranty or guarantee that Your use of any network or internet connection supplied by UBT will be uninterrupted or error free. UBT gives no guarantee as to any particular level of availability or “up time” in relation to any network or internet connection it supplies to You.
- Your telecommunications network activity may be monitored from time to time by UBT or its contractors, agents or suppliers in order to improve performance. UBT will use its reasonable efforts to ensure personal communications are not interfered with during any such period of monitoring.
- Liability and Indemnity
- We shall not be liable for
- damages, loss or theft of any property belonging to You or any employee, agent or guest occurring at The Precinct.
- any loss, damage, corruption of data or any loss of information whether from hardware, software, internet, voice or communication system failure
- any damage or loss incurred in connection with any mail or packages received and sent on your behalf.
- You agree to pay us any additional reasonable fees to cover any damage caused by You or your guests beyond normal wear and tear.
- We shall not be liable for
- General Provisions
Subject to clause 2.3, UBT reserves its right to amend this Membership Agreement from time to time with such changes being effective on the earlier of the date on which UBT provides notice to You of the updated Membership Agreement, or displays the updated Membership Agreement on The Precinct Website.
- Entire Agreement
This Agreement contains the entire agreement between the parties about its subject matter and supersedes all prior discussions, representations, agreements and understandings between the parties in connection with the subject matter.
If a party by reason of Force Majeure is unable to perform or carry out any obligation under this Agreement, then that obligation is suspended for so long and to the extent that it is affected by the Force Majeure.
This Agreement is governed by and is to be interpreted according to the laws in force in New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts operating in New South Wales, Australia.
Each communication (including each notice, consent, approval, request and demand) under or in connection with this agreement may be given by personal service, post or email sent in writing to the parties address set out in this agreement or as otherwise notified to the party in writing during the Term. The Notice will be deemed received on confirmed delivery to the other party.
In this document the following words and expressions have the meaning shown unless the context requires otherwise:
|Access Card||Means an Access Card provided by UBT and used by a Member to access the Precinct, or areas therein.|
|Additional Inclusions||Means the goods or services provided to certain Members by UBT depending on a Members, Membership Level and in accordance with a Membership Agreement.|
|Building||Means the building located at 10 Herb Elliott Avenue, SYDNEY OLYMPIC PARK, NSW 2127which the Precinct is located in.|
|Business Address||Level 6, 10 Herb Elliott Avenue, SYDNEY OLYMPIC PARK, NSW 2127|
|Business Day||Any day other than a Saturday, Sunday, or a bank holiday or a public holiday in New South Wales, Australia.|
|Board, Meeting or Training Room||Means rooms in the Precinct designated (from time to time) by UBT to be board, meeting or training room(s).|
|Business Hours||7:30 AM to 6 PM inclusive on any Business Day.|
|Co-working space||Means an area in the Precinct designated (from time to time) by UBT to be Co-working space(s).|
|Fees||Includes all fees in respect of Your Membership, any Pay As You Go Products or Services incurred, or any other Fees incurred under this Membership Agreement or Your use of The Precinct.|
|Force Majeure||Any event or circumstance not within the control of the party claiming Force Majeure, and which, by exercise of reasonable diligence, that party was and is not reasonably able to prevent or overcome, including:
(a) an act of God;
(b) a transport interruption;
(c) a strike, lock out or other industrial disturbance;
(d) an act of an enemy or terrorist, including war, blockade or insurrection;
(e) an act of any third party, including any accidental or malicious act, or vandalism;
(f) a riot or civil disturbance; or
(g) an authority's delay in giving any necessary approval.
|Lounge||Means an area in the Precinct designated (from time to time) by UBT to be the lounge(s).|
|Member, You or Your||Means an individual who is specified to be a member in accordance with a Membership Agreement.|
|Membership||Means membership of the Precinct in accordance with a Membership Agreement.|
|Membership Agreement||Means a membership agreement entered into between UBT and a Member.|
|Membership Inclusions||Means the Standard Inclusions and the Additional Inclusions (if applicable) as specified in Schedule 1 of these Terms and Conditions.|
|Membership Level||Means the level of membership specified in a Membership Agreement.|
|Pay As You Go Products and Services||Means products and services offered by UBT which are not included in the Membership Inclusions and which are charged on a pay as you go basis in accordance with UBT's Published Rates.|
|Standard Inclusions||Means the goods or services provided to all Members by UBT in accordance with a Membership Agreement.|
|Term||Means the term as specified in a Membership Agreement.|
|The Precinct||Means the area owned or leased by UBT in the Building, known as 'the Precinct' being a business workspace used by numerous organisations in accordance with their Memberships.|
|UBT, We, Our or Us||UBT MARKETING PTY LTD ACN 162 091 796 as trustee for UBT Marketing Trust ABN 84 296 716 805|
|UBT Client||Means a person or entity who is provided with goods or services (other than access to the Precinct) by UBT. UBT may decide in its sole discretion whether it wants to provide individuals or entities with goods or services.|
|UBT's Published Rates||Means the cost or fees charged by UBT for products and services (including the Pay As You Go Products and Services) which are not included in the Membership Inclusions and which are published by UBT from time to time and if not published, such amount as determined by UBT in its sole discretion.|
This Schedule forms part of The Precinct Membership Terms & Conditions.
ITEM 1 - Standard Membership Inclusions for all Membership Levels
- Access to the Co-Working Area and Lounge (limited to the maximum number of days as specified in a Membership Agreement);
- Food and beverage, including morning and afternoon refreshments, lunch and self-serve tea and coffee;
- High speed Wi-Fi Internet;
- Access to high speed printers and copiers (charged additionally on a pay per page basis);
- Concierge services as amended from time to time which may include transport and hotel booking, online check-in and ticket printing and/or local information;
- Bathroom, shower and change room facilities;
- Access to The Precinct Website to book Meeting Rooms;
- Other amenities including cleaning, electricity, water and air-conditioning during business hours;
ITEM 2 - Additional Membership Inclusions
- Business Address
- Reception Services
- Locker Storage
- Included Meeting or Board Room hours
- Printing allowance
- Car Parking
- Increased access hours
- Dedicated workspace
Additional Membership Inclusions will be provided depending on the Membership Level selected in the Membership Agreement
|Additional Membership Inclusion||Meetings Only||Bronze||Silver||Silver Corporate||Gold||Platinum|
|Business Address||Not Included||Included||Included||Included||Included||Included|
|Reception Services||Not Included||Included||Included||Included||Included||Included|
|Locker Storage||Not Included||Included||Included||Included||Included||Included|
|Included Meeting or Board Room hours||Pay per use||Pay per use||Pay per use||4 Hours per Month||8 Hours per Month||8 Hours per Month|
|Printing allowance||Pay per page||Pay per page||Pay per page||Pay per page||100 A4 Pages per Month||100 A4 Pages per Month|
|Car Parking||Not included||Not included||Not included||Not included||Included||Included|
|Increased access hours||Access only during meeting times||Standard business hours only||Standard business hours only||Standard business hours only||Early access from 6AM||Early access from 6AM|
|Included Training Room Hours||Pay per use||Pay per use||Pay per use||Pay per use||Pay per use||8 Hours per Month|
|Dedicated workspace||Not Included||Shared workspace only||Shared workspace only||Shared workspace only||Shared workspace only||Included|