Terms and Conditions

Please take the time to read these terms and conditions. By using our website and services, You are agreeing to these terms and conditions.

1. Definitions

Booking means the scheduling of an available date and time to enter our Facility, and the subsequent authority to access the Facility on the scheduled date and time with us.

Cancellation Policy refers only to the cancellation of any booking/s, regardless of whether the booking is made by a Day Pass Holder or Monthly Member, in accordance with Clause 9.

Consulting Room means the private room which can be used as a meeting room, private office or consulting room within the Facility.

Day Pass Holder means a person granted access to the Facility by way of one-off booking/s.

Day Pass means the purchase of a ‘day pass’ or ‘day pass pack’ with us.

Facility means the lounge common area (between main and side entrance), kitchen, bathroom and outdoor area, and any of the spaces available for licence under this Agreement, being: the Shared Desk Space/s, Private Office or Meeting Room.

Fees means the fees as set out on the Website as applicable to Your Membership, as may be varied by Us from time to time in accordance with Clause 4, and Schedules 1, 2 and 3.

Meeting Room means the private room which can be used as a meeting room, private office or consulting room within the Facility.

Member / Membership means the access We grant to Members to utilise our Facility and Services, as determined by the membership type, either by way of a Day Pass, Monthly Membership, or hire of a Meeting Room, Private Office, as booked by You from time to time, or other arrangement with Nest Workspace, at the sole discretion of Nest Workspace.

Monthly Membership means the access We grant by way of Your engaging in an ongoing month-to-month plan with us.

Our Property is inclusive of the Facility and means any furniture, equipment, documents or other fixtures and fittings in the Space or located at the property known as 83-87 Capper St, Tumut, being owned or controlled by Us or our service providers.

Private Office means the private room which can be used as a private office or consulting room within the Facility.

Room / Rooms means any one or combination of: Consulting Room, Meeting Room and/or Private Office.

Services means services included in Your Membership as identified on the Website, as updated and amended by Us from time to time.

Shared Desk Space/s means the shared coworking office spaces intended for individuals.

The Website means the website nestworkspace.com.au or booking platform powered by Hamlet.

Visitor means anyone who is authorised to attend the Facility, but does not have a booking for the Facility. Visitor includes Your employees, servants, agents, guests or invitees.

We / Us etc means Nest Workspace as licensor, and any subsidiaries, affiliates, employees, officers, agents or assigns.

You / Your means You in Your capacity as the licensee, engaging in our services

Your Property means any equipment, documents, property or possessions that You bring into the Facility, and includes the property of other individuals You authorise or invite to the Facility.

2. The Facility

2.1

Bookings within the facility are subject to the respective terms, expiry period (if applicable), fees and details regarding renewal options, which are contained in following respective schedules:

Schedule 1 – Day Passes
Schedule 2 – Monthly Memberships
Schedule 3 – Meeting Room

2.2

We ensure that Our Property is maintained in a good condition and complies with any applicable legal or other regulatory requirements. It is Your responsibility to ensure that Your Property or the property of any Visitor attending the Facility as a result of Your booking is fit for purpose and is used in a safe manner, and complies with any safety or certification requirements set out in our Policies.

2.3

You and any of Your Visitors must:

not use the Property for any illegal purpose;
not alter the Property, including bringing additional furniture, appliances, wall fixtures or similar to the Property unless agreed in writing prior; and
at all times keep the Facility in a clean and tidy condition.

2.4

You acknowledge that You will be liable for, and agree to make good immediately or indemnify Us (at our option) for any damage caused by You or Your Visitors to the Facility or Our Property, or for any claim brought against us, caused or contributed to by:

malfunctioning or incorrectly used equipment brought into the Facility by You, or Your visitors. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Australia; or
any of Your acts or omissions, or those of Your employees or visitors.

2.5

We take all reasonable measures to ensure the Facility is a safe and healthy working environment. You are responsible for Your own safety (and that of Your employees and visitors) whilst in the Space. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable amount of care.

2.6

You indemnify Us of any Loss of damage to or of any other goods or chattels, including personal belongings items brought into the Facility and assume full responsibility for any belongings, goods or chattels left or lost at or while in the use of the Facility.

2.7

We do not accept responsibility for any loss or damage to any of Your Property left unattended or unsecured in the Facility.

2.8

Depending on the Membership level, and at the discretion of Us, Members may be issued with either an access code or access swipe pass to enter the Facility. Any access codes and passes are not transferable and must be returned to Us at the end of Your Membership. You must not lend or share Your access code or pass to or with any other person, and must notify Us immediately if it is lost or stolen in which case We will issue You with a replacement at Your expense.

3. Use

3.1

The Shared Desk Spaces

When using the Desk Space/s:

We ask that You consider other Members and users and refrain from acting in a manner that does not consider other Members and users. This may include being too loud, or taking frequent phone calls or video meetings. If Your line of work involves constant speaking throughout business hours, we encourage the booking of Private Rooms, rather than a desk in a Shared Desk Space. While the atmospheres of the Shared Desk Spaces are not intended to be that of a silent library, You must ensure you consider other users. In the event that your use of the Shared Desk Space/s becomes and continues to be disruptive, we reserve the right to decline Your booking and/or any Membership. You can contact us at hello@nestworkspace.com.au if You’d like to discuss this further.
You acknowledge that, by making any booking within the Shared Desk Spaces, that area, is suitable for Your needs and/or requirements.
Not limiting anything otherwise specified in this Agreement, You acknowledge that due to the open plan nature of the Shared Desk Spaces, You may occasionally overhear sensitive information and You agree to respect the right of privacy and confidentiality of other Members, users and licensees of the Facility in such circumstances.
Membership or bookings for the Shared Desk Space/s does not grant You to access to either the Private Rooms or Meeting Room. Access to these areas within the Facility will incur an additional cost and will require a separate booking.
Access to the Shared Desk Space/s does not entitle You to bringing visitors to the Shared Desk Space/s. This limitation does not apply to the Rooms.
You acknowledge and agree that:
- Any booking is a license to use the Shared Desk Space/s, it does not give You an exclusive right to any specific part of the Shared Desk Space/s and You may required to move desks within the Shared Desk Space/s on any given day;
- Any booking does not constitute a landlord and tenant relationship, and does not create any estate or interest in the Property.
- You have no right to exclude access to Your desk. We retain control, possession and management of the Shared Desk Space/s
We make no warranties that the Shared Desk Space/s are suitable for the purpose You intend to use it for. You must ensure that the Shared Desk Space/s desk you select meets Your individual requirements.
Any visitors you bring to the Shared Desk Space/s must conduct themselves in a manner which does not breach this Agreement.

3.2

Private Rooms

Membership or bookings for Private Rooms does not grant You or Your visitors access to either the Space or Meeting Room. Access to these areas within the Facility will incur an additional cost and will require a separate booking.
Private Room bookings entitle You to bring and invite visitors to the part of the facility booked by You.

3.3

Meeting Rooms

Membership or bookings for the Meeting Room does not grant You or Your visitors access to either the Space or Private Rooms. Access to these areas within the Facility will incur an additional cost and will require a separate booking.
Meeting Room bookings entitle You to bring and invite visitors to the part of the facility booked by You.

4. Fees

4.1

Payment of the Fees is by automatic direct debit from a credit card nominated by You (Visa, Mastercard) and there are no transaction fees added.

4.2

Fees and any other prices referenced on our Website or otherwise communicated to You include 10% GST component unless marked otherwise.

4.3

The Fees for Monthly Memberships will be debited monthly in advance from the account nominated by You under this Clause on the day of the month You signed up, or the next available business day, and will continue to be debited until Your Membership ends in accordance with Clauses 7 or 10.

4.4

Fees for Day Pass Holders and Room Bookings will be deducted at the time of purchase of Day Passes and/or Pass Packs, in accordance with 4.1 and 4.2. Once the purchase has been completed, you will be able to make the relevant bookings.

4.5

It is Your responsibility to ensure that there are sufficient funds in Your nominated account to enable the successful debit of the Fees each month, and that Your payment details are always kept up-to-date. If a transaction is declined for any reason You will be liable for any reasonable costs incurred by Us in recovering the debt, including but not limited to any legal, bank or collection agency fees.

4.6

It is Your responsibility to ensure that You return Your access code or pass and any other items of Our Property on termination or cancellation of Your Membership. If You lose Your access pass or fail to return it on cancellation, You will be required to reimburse Us for any reasonable costs incurred. These costs will be debited from the account nominated by You, in accordance with Clause 4.2.

4.7

The Fees are subject to change at our discretion. You will be notified in writing 3 months prior to any increase or change in the Fees taking effect.

4.8

Access to the Facility is subject to payment of the licence fee, as specified in the schedule relevant to the type of access You are entitled to, based on Your membership or booking type.

4.9

Failure to pay terminates this licence Agreement.

4.10

Failure to comply with booking length may result in a delay surcharge.

4.11

Failure to pay on time may result in a delay surcharge being incurred.

4.12

In consideration for You paying Us the Fees, We are committed to providing the Services to the best of our ability, and in accordance with any of our Policies. Contact Us at hello@nestworkspace.com.au if We are not meeting Your expectations – We value Your feedback.

5. Transfer

Bookings and memberships are personal to You. They are not transferable by any means, or in any circumstances except at our sole discretion.

6. Refunds

6.1

Monthly Memberships

Cancellation or termination of Your Membership under clauses 7.2, or 7.3 or 10 will not entitle You to a refund for any portion of the Fees or any surcharge, and You will remain liable for any amounts which have become due but remain unpaid.

6.2

Day Pass Holders and Room Bookings

Any person cancelling a booking within 48 hours of the booking start time shall not be entitled to any refund/s, discount/s or rescheduling of the booking/s.
Any reductions in booking length made on the day of use will not be refunded.
If You do not show up, You will not be entitled to a refund, discount or rescheduling of Your booking.
Termination of Your Day Pass or Room Booking under clause 10 will not entitle You to a refund for any portion of the Fees or any surcharge, and You will remain liable for any amounts which have become due but remain unpaid.

7. Monthly Memberships

7.1

Your Membership will be automatically renewed for the next month if it has not been ended in accordance with clauses 7.2, 7.3 or 10.

7.2

You may request to end Your Monthly Membership by notifying staff in writing at hello@nestworkspace.com.au. Cancellation will take effect on the last day of that month’s membership.

7.3

We reserve the right to end Your Membership at any time for any reason by providing You with written notice. Such cancellation will take effect on the last day of that month’s membership in which We notify You of our intention to cancel Your Membership.

7.4

Membership for the first month, in the event Your Membership commences partway through the billing cycle will be pro-rata.

7.5

These Terms may change at any time, provided We give You 1 months’ written notice of the changes. You may contact Us at hello@nestworkspace.com.au if You are unhappy with any proposed changes to these Terms.

7.6

To avoid confusion, any bookings made within the Membership must comply with the Cancellation Policy at clause 9.

8. Bookings

8.1

All bookings are subject to availability; bookings shall be prioritised on a first come, first served basis.

8.2

Any requests to change a booking, regardless of the nature of the will be accommodated subject availability, excepting in

8.3

No changes will be accommodated within 48 hours before the booking start time, except at our sole discretion.

8.4

In the event that You have exceeded a booking time, We reserve the right to charge a delay surcharge.

8.5

In the event that You exceed a booking time, We reserve the right to ask You to leave. If You do not leave, You will be considered to be trespassing, and we may take any lawful action available to us to remove you and/or any other persons trespassing.

9. Cancellation Policy

9.1

You must notify us as soon as possible of any change or cancellation. Making a change online to your booking will be deemed notice for the purpose of this clause.

9.2

Any cancellation of a booking shall be final.

9.3

In the event that You cancel Your booking, We reserve the right to make the booking available to others.

9.4

If You cancel a booking more than 48 hours before the start time of the booking, You shall be entitled to a refund if You have made the booking as a Day Pass Holder or if the booking is for a Private Room.

9.5

If You wish to make a cancellation as a Monthly Member, You shall not be entitled to a refund, but You may be entitled to reschedule the booking at our discretion and subject to availability.

10. Termination

10.1

We may terminate this Agreement, at any time without prior notice and with immediate effect, if You:

fail to pay the Fees, and such failure is not remedied within 7 days of being notified by us; or
Engage in misconduct at our facility; or
Commit any breach of Your obligations under this Agreement; or
Engage in conduct which, in Our opinion, brings our Facility into disrepute; or
Engage in wilful or deliberate behaviour that is not consistent with an ongoing licence Agreement including but not limited to trespassing; or
You engage in conduct that causes imminent and serious risk to the health, or safety of a person at our Property, or to the reputation, viability, profitability of Our business, or any business that operates at our Property; or
Engage in theft, fraud or assault; or
Are intoxicated or under the influence at our Property; or
Fail to comply with any lawful and reasonable instruction; and

10.2

If this Agreement is terminated under this clause, You will no longer be entitled to access our Facility.

10.3

If this Agreement is terminated, whether under this clause or cancelled by other means, You must return any items belonging to us, including but not limited to any access card, and provide Us with any relevant passwords that have been in Your control during Your Membership.

11. Internet Service

11.1

We provide premium NBN connection to our Members, and will endeavour to maintain the best internet access possible at our physical address as part of Your Membership. You understand that outages or decreased service levels that are out of our control may occur from time to time, and that You are responsible for any backup internet measures (i.e. phone hotspot or dongle connection) as are necessary for Your business.

11.2

We make no statements or guarantees about the security of our NBN internet connection. You must take any security measures (i.e. encryption) or backup internet measures (i.e. phone hotspot or dongle) as are necessary for Your business.

12. Insurance

12.1

We hold a public liability insurance policy that covers the Facility, as well as our own contents insurance. Our contents insurance does not extend to Your Property or the property of Your visitors. You should make Your own insurance arrangements to ensure that Your Property and any other liabilities are covered, including public liability and any State or Territory workers compensation insurance requirements.

12.2

You will indemnify Us for any loss incurred by Us or any claim brought against Us resulting from a breach by You of these Terms or any action of visitors You bring into the Facility.

13. Confidentiality

13.1

We ensure that any information including Confidential Information You provide Us remains confidential. You agree that any Confidential Information You provide to Us also remains confidential.

13.2

You acknowledge that it is Your responsibility to maintain any confidentiality or privacy requirements associated with any activity You may engage in within the Shared Desk Space/s or any other area within the Facility, You further acknowledge that the spaces within the Facility are shared, and that We cannot guarantee any work conducted within the Facility, including within the Shared Desk Space/s will remain confidential and private.

13.3

You agree that We are not liable and hereby indemnify Us from and against all suits, actions, claims, demands, losses, damages, costs and expenses arising from Your use of the premises, of Your employees, servants, agents, guests or invitees. For any breaches associated with confidentiality, privacy or other similar obligations You may owe, or requirements and responsibilities You or Your visitors.

13.4

Without reducing Your responsibility under 13.1, 13.2, 13.3, or any other part of this Agreement, as the Shared Desk Spaces are open plan shared workspace, You may find that You are working alongside competitors in Your field of business. It is Your responsibility to protect Your Confidential Information (including but not limited to: intellectual property, trade secrets, information governed by the Privacy Act, etc) and any obligations of confidence You owe to any third party. We will not be liable for any unauthorised disclosure of Your Confidential Information by You or other Members.

14. Things Out of Our Control

14.1

Sometimes events happen that are out of our control. These include things like strikes, lockouts, lockdowns, accidents, war, fire or the delay or failure in manufacture, production, or supply by third parties of equipment or services. Such events may prevent Us from providing You with access to the Facility, providing the Services in whole or in part, or may prevent Us from performing our obligations under these Terms. In such cases You agree that We will not be liable for any delay or failure in You performing Your business obligations.

14.2

If You are unable to access the Facility in accordance with any booking due to our unforeseen circumstances, You may receive a full refund, at our sole discretion. You agree that there is no obligation for Us to provide You a refund in such circumstances.

15. Privacy

15.1

We are committed to maintaining the confidentiality and security of Your personal information and managing it in an open and transparent way. We take our obligations under the Privacy Act 1988 and the Australia Privacy Principles very seriously and have implemented practices, procedures and systems to ensure We comply with those laws. Refer to our full Privacy Policy

15.2

You may change Your personal and billing information by contacting Us at hello@nestworkspace.com.au

16. Accuracy of Content

16.1

We have taken proper care and precautions to ensure that the information We provide on this Website is accurate. However, We cannot guarantee, nor do We accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site. The information contained on this Website should not take the place of professional advice.

17. Notices

17.1

A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:

17.2

Delivered personally; or

17.3

Posted to their address when it will be treated as having been received on the second business day after posting; or

17.4

Sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

18. Other

18.1

Nothing in these Terms will exclude or limit any rights or remedies You may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010.

18.2

Do not proceed with any booking if there is anything that You do not agree with or do not understand in these Terms. By using our website and services, You are agreeing that You have read, understand and agree to these terms and conditions. If You are unsure, or have any questions, please contact Us at hello@nestworkspace.com.au.

SCHEDULE 1 – DAY PASS OR DAY PASS 10 PACK

Period	Each and every pass shall be valid when a booking is made. The period is limited to the time frame of the booking.
Expiry	Day passes shall expire six months from the date of purchase, and will not be able to be used therafter.
Licence fee	As per website and booking software
Option to renew	From time to time, as purchased by You

SCHEDULE 2 – MONTHLY MEMBERSHIP

Period	From the date of purchase for a period of one month.
Expiry	On termination of the monthly plan, or on cancellation by Us or You, in accordance with clause 6.
Licence fee	As per website and booking software (1st month pro rata if start date is after the commencement of the current billing cycle)
Option to renew	Renewal will be automatic and will be billed monthly on the 1st day of the month

SCHEDULE 3 – MEETING ROOM

Period	Limited to the time frame of the booking.
Licence fee	As per website and booking software
Option to renew	From time to time, as booked by You.