Membership terms and conditions
INTRODUCTION:
- Plexal(City) Ltd ("Plexal") is a company incorporated in England and Wales, with principal place of business at 14 East Bay Lane, The Press Centre, Here East, Queen Elizabeth Olympic Park, Stratford, London E15 2GW and with registered number 10012478.
- Plexal administers an innovation centre with various services and facilities for technology companies to accelerate innovation based at Here East, Queen Elizabeth Olympic Park, Stratford, London E15 2GW ("PlexalCity").
- These membership terms as amended from time to time (the "Terms") govern your relationship, as an individual, in your professional capacity, as a member of PlexalCity (a "Member") with Plexal on the other hand. Nothing in these Terms represents any agreement or arrangement between you and any other Member.
- The words and expressions used in these Terms have the meanings set out in Schedule 1 and these Terms shall be interpreted in accordance with the other provisions set out in Schedule 1.
1. MEMBERSHIP OF PLEXALCITY
1.1 In order to enjoy full access to the facilities of PlexalCity (including access to the Premises and Systems) you must create an account on the Plexal IT Portal. A full range of the available benefits are listed under ‘membership’ on the Plexal IT Portal. You acknowledge that these benefits are granted to you personally and are not transferable to any individual or other third party.
1.2 When you create an account you confirm that:
1.2.1 you are over 16;
1.2.2 your membership to PlexalCity is granted on the condition that you use the facilities and receive the services of PlexalCity in a business or professional capacity;
1.2.3 all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects;
1.2.4 you will comply with the Code of Conduct and any additional Plexal policies that are applicable to you and your use of the facilities and services made available to you by Plexal (on Plexal's behalf); and
1.2.5 you will comply with the provisions set out in: (i) these Terms; and (ii) any other agreement you enter into with Plexal and/or any Plexal Partner.
2. CONDITIONS OF MEMBERSHIP
2.1 As a condition of your membership of PlexalCity, you agree that you will:
2.1.1 abide by the rules set down for engaging with mentors and professional services companies;
2.1.2 not impersonate any third party or misrepresent any relationship that you may have with any third party;
2.1.3 not defame, harass or threaten any employee or contractor of Plexal, any Member, or any other third party within the Premises or in the course of your use of the Systems;
2.1.4 not restrict any member from using any services made available by Plexal or any Plexal Partner;
2.1.5 not create a false identity to mislead others;
2.1.6 not use mobile devices in a manner disruptive to other guests or members;
2.1.7 not cause any damage to Plexal property, otherwise cause damage to Plexal or Here East, or bring the names of Plexal or Here East into disrepute in any way;
2.1.8 not interfere with any third party's access to or use of the facilities of PlexalCity;
2.1.9 not play music through speakers;
2.1.10 not breach any applicable law; or
2.1.11 not infringe the rights of Plexal, any of its group companies, any Plexal Partner, any Member or any other third-party.
2.2 If you access the Premises as a Hot Desk Member, you agree that you will comply with the Hot Desk Terms.
2.3 If you access the Premises as a Fixed Desk Member, you agree that you will comply with the Fixed Desk Terms.
2.4 You agree to indemnify and hold harmless Plexal in respect of any loss suffered by Plexal, any Plexal Partner or any Member as a result of:
2.4.1 any damage to the Premises, the Systems, or any other facilities or property caused by you and/or any of your guests; and
2.4.2 any claims or legal proceedings brought against Plexal, any Plexal Partner or any other Member by any other person as a result of your breach of these Terms.
3. ACCESS TO PLEXALCITY
3.1 As a Member, you shall receive:
3.1.1 a membership card which will permit you to access the PlexalCity premises (the "Premises"); and
3.1.2 login details, which will permit you to access the Plexal IT Portal.
3.2 Your membership card and login details are personal to you and may not be transferred to or shared with others. You are responsible for keeping your membership card and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. Plexal will not be responsible for any losses suffered by you in circumstances where your membership card or login details are used by someone else, unless this is caused by Plexal's negligence. If you lose your membership card, you acknowledge that you will be liable for the cost of a replacement.
3.3 You must present your membership card at the main reception area each time you arrive at, and depart from PlexalCity.
3.4 You are entitled to receive guests at PlexalCity, provided that:
3.4.1 you ensure that your guests are registered in accordance with Plexal's current guest protocol;
3.4.2 you ensure that your guests comply with these Terms; and
3.4.3 you are accountable for the conduct of your guests.
4. CATEGORIES OF MEMBERSHIP
4.1 When you register as a Member, you will be granted access to the Premises as a Hot Desk Member unless you specifically opt in to access the Premises as a Fixed Desk Member.
4.2 You agree that you will only access those areas of the Premises and exercise those rights which are applicable to your category of membership and which are expressly allocated to you.
4.3 In terms of access to specific areas within PlexalCity, you acknowledge that:
4.3.1 access to community areas within the PlexalCity and the area known as the "Park" is available to you, provided that access to the area known as the "Park" may be restricted during the running of private events; and
4.3.2 the snugs and phone booths are for temporary use (up to a maximum of 1 hour of continuous use) and not for continuous, everyday work.
4.4 You acknowledge that, even where you are a Fixed Desk Member, Plexal may move you, on either a temporary or permanent basis, from the work station you are currently at, provided that such alternative space shall be at least as commodious as the work station previously allocated to you. In such cases, Plexal shall endeavour to give you as much notice as reasonably practicable, except in an emergency when no notice is required.
5. SECURITY
5.1 When entering the Premises, you shall take reasonable steps to ensure that you are not followed into the Premises by any unauthorised person.
5.2 You acknowledge that Plexal may monitor the Premises with CCTV up to 24 hours per day.
5.3 You acknowledge that it is your responsibility to protect your own property and to control access to any storage facilities that are made available to you by Plexal within the Premises. You acknowledge that Plexal bears no responsibility for any lost, stolen or damaged items.
5.4 You acknowledge that it is your responsibility to maintain effective controls over any rights in or title to any intellectual property rights in any materials that you may have.
6. USE OF THE PREMISES
6.1 You acknowledge that the cost of repair of any damage, beyond reasonable wear and tear, to any property within the Premises caused by you or any of your guests (including where such damage is recovered upon expiry or termination of your membership), or the cost of removal of any property left by you within the Premises, shall be debited from any deposit or other monies held by Plexal.
6.2 You shall not obstruct the doors, exits, entrances, elevators, stairways, corridors or walkways within the Premises.
6.3 You agree and acknowledge that you shall comply with any regulations or policies of any third party which govern the use of the Premises and are made reasonably available to you.
6.4 You agree to cooperate with Plexal by notifying Plexal as soon as reasonably practicable in the event that you become aware of any accidents to or defects in plumbing, electrical fixtures, heating apparatus, IT facilities, structural defects, damage to furniture or any incidents requiring cleaning.
6.5 Plexal shall accept mail deliveries of business correspondence on your behalf during the Premises' regular business hours on its regular business days. You acknowledge that Plexal shall have no obligation to store any mail or packages delivered to you for more than 15 days after the date of receipt or for any period after your membership period has expired or been terminated. You further acknowledge that your use of Plexal's mail delivery service is not intended for personal goods, merchandise or any oversized or bulk packages. You acknowledge that Plexal shall under no circumstances be liable in the event of any lost mail deliveries and that you use Plexal's mail delivery service entirely at your own risk.
6.6 You or your Member Organisation may not use the Premises as a registered address.
6.7 You agree that you shall not permit pets to access the Premises, save where you require the pet to provide you with visual or medical assistance, or where you have received the prior consent of Plexal.
7. USE OF THE SYSTEMS
7.1 As a condition of your use of the Systems, you agree that you will not:
7.1.1 breach Plexal's internet fair usage policy;
7.1.2 access, download or post any pornographic, obscene or indecent material;
7.1.3 post or otherwise communicate any fraudulent, threatening, abusive, false or misleading material or message of any kind;
7.1.4 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Plexal's systems or software;
7.1.5 introduce any virus or any other similar harmful contaminant technology (including any bug, worm, logic bomb, trojan horse or any self-propagating or other program) into the Systems (a "Virus");
7.1.6 copy, modify, or distribute any other person’s content (including the content of any other Member) without their consent;
7.1.7 use any robot, spider, scraper or other automated means to access and/or collect content which is not intended to be made available to you; and
7.1.8 harvest or otherwise collect information about other Members or monitor their use of the Systems, without their consent.
7.2 You agree that you shall use up to date anti-virus software on your devices when accessing the Systems and, in the event that you become aware of any Virus having been introduced into the Systems, you shall notify Plexal immediately.
7.3 You acknowledge that when accessing the internet or any web-based functionality through the Systems:
7.3.1 you shall not be provided with a consistent IP address by Plexal; and
7.3.2 you may be required to install particular software provided by Plexal onto the device through which you access the Systems.
7.4 In the event that particular software is so provided by Plexal for download by you, Plexal shall not be liable for any damage caused to your device or any loss of data.
7.5 You acknowledge that Plexal cannot guarantee continuous, error-free or secure access to the Systems or that defects in the Systems will be corrected. While Plexal will use reasonable efforts to maintain uninterrupted access to the systems, Plexal cannot guarantee this and does not give any assurances or warranties (whether express or implied) about the operation and availability of the Systems.
7.6 You acknowledge that as a Member, you use the Systems at your own risk and on an "as is" basis. You acknowledge that Plexal shall not be responsible for any loss of availability of the Systems or any loss or corruption of data which you may suffer as a result of use of the Systems (or any outage thereof).
8. TRANSFER OF MEMBERSHIP RIGHTS
8.1 You acknowledge that neither your membership of Plexal nor any of the rights or benefits that are available to you pursuant to your membership is transferable to any third party under any circumstances.
9. MEMBERSHIP FEES
9.1 As a condition of your membership of PlexalCity, you agree to pay or procure that your Member Organisation pays, on your behalf, all membership fees and additional service fees due by the relevant due dates in accordance with the fees set out in the offer document provided to you by Plexal. For the avoidance of doubt, Plexal accepts payment of fees by your Membership Organisation on your behalf.
9.2 If you are a Hot Desk Member, the following fees are due:
9.2.1 Hot Desk Membership Fee; and
9.2.2 Monthly Hot Desk Fees.
9.3 If you are a Fixed Desk Member, the following fees are due:
9.3.1 Fixed Desk Member Deposit; and
9.3.2 Monthly Fixed Desk Fees.
9.4 Where Monthly Fees are due, such fees shall be paid monthly in advance by direct debit. In the event that any direct debit payment fails, any charge levied on Plexal in relation to the resubmission of a failed direct debit payment shall be reimbursed by you or your Member Organisation.
9.5 In the event that you request to receive certain Additional Services, you agree and acknowledge that you may be required by Plexal to pay the applicable Service Fees.
9.6 You acknowledge that Plexal may amend the Monthly Fees from time to time provided that Plexal notifies you in writing at least one month prior to the relevant amendment becoming effective.
10. VAT
All amounts and fees stated or referred to in this agreement are exclusive of VAT.
- interest