Terms and Conditions
The subsequent paragraphs outline the terms and conditions on which Qabila Cowork grants Membership to it’s Members.
In these Terms, the following definitions apply:-
Qabila Cowork. It refers to the establishment and authorised representatives as directed by Qabila Cowork & Spaces Pvt Ltd.
Member. It means a person/firm granted Membership by Qabila Cowork.
Membership Charges. The monthly charges levied from each member, to include various subheads like Spaces charges, Parking Charges, Licensing Charges, Al la carte Services etc as defined in the Membership Agreement, which may be revised annually.
Security Deposit. It means the deposit equal to one month’s membership charges fees, payable to Qabila Cowork prior to commencing Membership.
Minimum Notice. It means the minimum period of notice to terminate your Membership which would be two months if not specified in the agreement.
Cowork Property. It means any furniture, equipment, documents or other property in the premises that is owned or controlled by Qabila Cowork & Spaces Pvt Ltd.
Coworking Policy. It means any of codes of conduct, policies and procedures made available to members as enacted by Qabila Cowork.
Ala carte Services. These mean the services that are not included in the Membership however, would be available on payable basis.
Coworking Space. The cabin/desk/parking lot as defined in the agreement allot for use to the member.
Premises. Premises means the buildings and facilities where the Coworking Space is located.
Member Property. It means any equipment, documents, property or possessions that member will bring into the Coworking Space and isn’t a cowork property.
These Terms need to be agreed by the member before commencement of Membership.
Membership is not transferable.
Sharing a key / security code with a non-member is strictly prohibited and is grounds for immediate cancellation membership. Temporary access codes for guests would be provided on request.
Key and access codes are personal to the member and member shall be responsible for its safe keep. In case of loss, it must be intimated to Qabila Cowork immediately.
RESPONSIBILITIES & SERVICES OF QABILA COWORK
Qabila Cowork shall allow the use of the Coworking Space during 09:00(IST) to 21:00(IST) on Monday To Saturday from the day this agreement comes into effect on calendar monthly basis.
It shall allow the use of Air Conditioner during 09:00(IST) to 21:00(IST) on Monday To Saturday under Fair Usage Policy of the Company.
Qabila Cowork shall allow the utilisation of Electricity points allotted to the cabin as per Space Allotment Circular subject to Fair Usage Policy of the Company.
It shall allow use of dedicated lockers/storage specifically allotted for the Coworking Space as per Space Allotment Circular of the Company.
Qabila Cowork shall provision the receipt and handover of any postal/courier documents/parcels for the Member at the designated address.
It shall levy hourly/daily/monthly charges for its services provided to the member and shall be collecting these on a mutually agreeable terms within 10 days of generation on invoice.
Qabila Cowork shall refund any security deposit after deducting any pending service charges if liable by the Member.
Qabila Cowork shall maintain the Co-Working Space in good repair and working order and shall be remedy any maintenance needs in respect of the Coworking Space promptly.
Qabila Cowork shall provide the co-working services on an “as is” basis as a service and not as a lease of real property, and disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law.
RIGHTS OF QABILA COWORK
Qabila Cowork shall not be responsible for any loss life/data/valuables/assets or any injury of/to the member in the office at any time.
Qabila Cowork shall not allow for branding display of any events at any time.
Qabila Cowork reserves a right to modify the Membership Charges annually.
Qabila Cowork reserves the right to restrict entry of the Member or his staff or it's guests without assigning any reason.
Qabila Cowork reserves the right to cancel this agreement with immediate effect in case of any misbehaviour, misuse or abuse by the Member or its employees of the Coworking Space or any other facility owned/operated by the Company.
Qabila Cowork reserves a right to cancel this agreement in case of any non-compliance of any provisions of this agreement with an intimation of non-compliance maximum 10 days of the occurrence of the same. It may terminate the agreement within 5 days from the issue of the said notification.
Qabila Cowork reserves the right to change the allotment and / or arrangement of tables and the other facilities provided as per its policy.
It reserves the right to change the rules and policies of the Coworking Space but shall be liable to will notify the Member of the same.
Members agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies.
Qabila Cowork shall not be responsible for any Member Property left behind in the Premises. It is member’s responsibility to ensure that retrieval of personal items prior to leaving.
Prior to the termination or expiration of Membership, Member must remove all of Member Property from the Premises.
MEMBER’S RIGHTS AND RESPONSIBILITIES
The Member hereby understands, agrees and warrants that he/she/it is not a tenant and the Qabila Cowork is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by law on the subject.
The Member shall pay Membership Charges plus taxes as applicable per calendar month for the Coworking Space before 5th day of every month along with the applicable taxes. In case of delay a late fee per day of delay will be levied.
The Member takes full responsibility and liability of himself and the Qabila Cowork will not be held responsible for any and all wrong doings of the Member or the Visitors.
The Member shall provide all legal documents of each of the employees for record keeping purposes/ appropriate clearance as need be.
Member shall not create hindrance or disturbance to any other Members/Company.
The Member shall change office address in all legal documents within 15 days of ceasing to use the facility.
The Member agrees to pay two months of Membership charges as security deposit to the Company, the same will be returned on completion / cancellation of this agreement deducing any penal/services charges as may apply at the time.
In case of early termination, the entire security deposit shall be retained by the Company.
The Member shall not cause any loss or damage to any property of the Company.
Member shall be personally responsible for upkeep and safety of his property, data, assets and life.
Member shall provide correct emergency contact numbers, residential address and health hazards; if any to the facility provider.
The Member agrees that use of tobacco products, alcohol or any kind of intoxicants or narcotic drugs is strictly prohibited in and around the premises of the Coworking Space.
The Member agrees to use internet access under fair usage policy for its own official purposes and comply with information Technology Act and rules thereunder. It also, agrees that internet access provided depends upon external sources and hence there is no assurance about quality or speed of the internet access.
The Member shall preserve keys of the dedicated locker storage and return the same immediately at the time of ceasing to use the facility.
Member shall use the Coworking Space provided only for legally permitted official purposes and not for any purpose that is unlawful, prohibited, or that could damage, disable or impair the property of the Qabila Cowork or of other members, or prevents other members from enjoying the Co-Working Space, or that would damage the reputation or business of the Qabila Cowork and the premises of the Coworking Space.
Member also agrees not to use the Co-Working Space in connection with the following businesses: -
Lottery contests, pyramid schemes, chain letters, junk email, spamming or similar behaviour.
Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others.
Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent or unlawful material or information.
Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights, or is protected by intellectual property laws where you don’t own or license such rights.
Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of the any person, The Qabila Cowork or any other member.
The Member agrees that the Coworking Space is a commercial facility, using the location or the membership for the purpose of establishing a personal residence is not permitted and understand, agree and warrant that the Member or their employees are not a residential tenant at the Coworking Space.
The Member agrees that due to their presence at the Coworking Space they or their employees may learn of confidential information of the Qabila Cowork or of its members. Such confidential information may include business information, trade secrets, technology, processes, customers and prospects that is intended to be confidential and proprietary. The Member hereby agree and consent to not disclose information so obtained that was intended to remain confidential.
The Member hereby waives and holds harmless the Company, its members, officers, directors, shareholders, contractors and employees (the “Releasees”) from any claims, liability, actions, or suits with respect to any damages, injuries or losses you suffer to your person or property, whatsoever, including as a result of negligence or gross negligence on the part of the Releasees, including but not limited to any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for lost profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other loss) arising out of or in any way related to the Company’s services or otherwise.
The Member shall not apply for government/private license for the conduct of the subject business of the same without prior No Objection Certificate by the Qabila Cowork and also shall be liable to change office address in all legal documents/license within 15 days of ceasing to use the Coworking Space or cancel the subject license.
In case of termination/cancelation/completion of this agreement the member agrees to vacant the premises and the Coworking Space within 10 days and also understands that any possession of the Member/Member Property within the premises/Coworking Space remaining after 10 days may not be claimed by the Member and the Qabila Cowork shall not hold any responsibility of the same.And Qabila Cowork be entitled to dispose of any property remaining in the Premises, member shall be responsible for paying any fees reasonably incurred regarding such removal.
The member agrees that this is a non-transferrable arrangement wherein the member may not enter into agreement with a third party with regards to the said premises without the written consent of the Company.
The legal charges for this agreement will be shared by both parties equally.
This agreement may not be assigned without the prior written consent of the Company.
The laws of India shall govern the terms of this agreement any disputes between the Parties hereby to the courts in the City of Pune.
In the event that a provision in this agreement is determined to be invalid or unenforceable, the remaining provisions of this agreement shall be unaffected and shall remain in full force and effect.
FAIR USE POLICY
The Services for the Fees quoted if Members use the Space fairly.
Members shall only use the Coworking Space for the number of days per month and during the times allocated to your Membership
Members limit the number of guests you bring into the Space (Guest access in peak times may be restricted)
Printing maybe carried to the amount allotted, in accordance with any policies introduced from time to time and communicated to member.
Internet access is for business/professional access only.
Internet access provided shall not be used for excessive downloads, streaming purposes or for any illegal purpose.
Continued abuse of the Fair Use Policy may result in the suspension or termination of Membership.
Common spaces are for temporary use and not as a place for continuous, everyday work.
Time Restricted Spaces maybe utilised on prior booking only and for the time allotted.
Air-conditioning maybe shall be controlled centrally based on occupancy at the time.
Private offices/cabins may utilise air conditioning subject to occupation of the same by the members or their employees.
The fair use policy will be revised periodically for based on Qabila Cowork management decisions and requirements.