ON DEMAND Office Access and Meeting Room Service Agreement
"You" or "Your" refers to the person booking the resource, and "We" or "Us" or "Our" refers to Symphony Workplaces, it's employees, affiliates, and vendors.
1. We agree to provide to You the facilities, services, equipment on Our Premises that You may request from time to time and You agree to pay for the same in advance and in accordance with our then current price lists and applicable Local Rules.
2. In addition to Your access and use of Our facilities, We may provide You upon request with additional services including but not limited to catering, support services, audio-visual aids and equipment, communications services, special furnishings, and any other services or equipment which We offer on our premises. We are the only service providers authorized to provide such services in Our offices and facilities.
3. You agree to pay Us in advance for pre booked services. We will bill variable charges for other services and payment for such is due within 10 days of the invoice date.
4. All of Your payments to Us must be made in United States currency by funds drawn on United States banks or by credit card. Returned checks and rejected credit cards will be subject to a fee of $25 per incident.
5. You agree to pay a 5% late charge on any outstanding balance which We receive later than the 10th of the month in which it is due. Further if You fail to pay Us before the 20th of the month in which a payment is due, You agree to pay interest charges at 1.25% per month until We receive payment. We are not limited to just requiring and receiving from You these interest and late payment charges and may resort to such remedies and actions as the law and/or this Agreement gives Us.
6. You are responsible for payment of all applicable sales taxes and fees on the services received under this Agreement.
7. If You dispute any portion of Our charges, You agree to timely and fully pay to Us the portion of Our charges You do not dispute; and You further agree to advise Us in writing, within 30 days after You receive Our bill, of the portion of said bill You dispute. If You do not advise Us in writing within this 30 day period that You dispute all or some of Our charges on said bill, You will have waived Your right to dispute Our charges.
8. We may also provide You with access to our common area amenities on the Premises along with our other Clients and visitors. You agree that for a period beginning with Your first use and ending one year after Your last use, neither You nor Your representatives will solicit any of Our other Clients to provide or provide to them, any of the services We are able or available to provide.
9. If You wish to cancel any or all of the requested services reserved prior to use You must do so in writing through the on-line portal with a confirmation received. Cancellation terms for each transaction will be stated at the time of confirmation. For bookings ordered as PREPAID, the Prepayment Amount is non-refundable. For bookings without PREPAID prices, refunds will be issued within 30 days provided the cancellation was confirmed within the free cancellation period which is published for each room or booking type
10. You agree to use Our offices, services, and facilities in accordance with the provisions of this Agreement for general office or meeting purposes only and You may not use the Premises to carry out any illegal activities or use the Premises (a) in violation of law, the House Rules, or any other regulations or rules promulgated during the Term, or (b) for any immoral, unlawful, or objectionable purposes. Further, You shall not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Premises or Building. You shall not commit, or suffer to be committed any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other occupants in the Premises or Building. General office or meeting purposes shall not include uses of a “medical or treatment” nature involving physical treatments of any type.
11. You agree that the on demand services requested under this Agreement do not include Your use of the Premises or Building address in commerce or for deliveries including mail. For individual meetings, where materials must be delivered, they may be addressed to Us with Your name appended.
12. You must take good care of and not damage, waste, or make any changes to the Premises, offices, facilities, furnishings, equipment or Building. You shall not alter, add, replace, remove or damage any furnishings, equipment or other personal property located in, on or around the Premises which is not owned by you or your Invitees. You are liable for any damage or loss caused by You or Your Invitees to the Premises, offices, facilities, furnishings, equipment, or Building. You agree to pay Us reasonable repair/replacement costs and to notify Us immediately upon discovery of such damage occurring. Only We are authorized to make repairs to Our property.
13. You have the risk of damage, loss, theft or misappropriation with respect to any of Your personal property and /or the personal property of Your Group. You agree to waive any right of recovery against the Our Group for any damage, loss, theft, or misappropriation of Your property. All property within in your licensed area as well as all common property in use by you is understood to be under your control.
14. We will endeavor to make available to You those requested services and facilities during Our regular business hours unless other arrangements have been confirmed by Us to You in writing. However, We will have no liability or obligation to You under this Agreement if We are prevented from, or delayed in, performing Our obligations under this Agreement or from carrying on Our business by acts, events, omissions or accidents beyond Our reasonable control, including (without limitation) strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, disease or quarantine restrictions compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or subcontractors.
15. We cannot guarantee the services or facilities We provide to You. We are not liable for any loss or damage (direct or consequential) resulting from Our failure to properly provide a service, office access, or facility to You. We also are not liable, in any way for any failure under Our control until You have told Us about it in writing and have given Us a reasonable time to correct that failure. Our only obligation to You for any failure to render any service under Our control, or for error or omission by Us, or for any delay or interruption of service under Our control, is to make an adjustment to Your bill in an amount equal to the charge for such service for the period during which the failure, delay or interruption continues
16. We and/or Our Landlord are not liable to You, or to anyone You invite or permit into Our offices or areas, for any injury (including death), loss or damage resulting from the actions or omissions of Our employees, Clients, their guests, or anyone else, or resulting from any condition or failure of the offices access, facilities and/or areas provided by Us. You waive all claims You may come to have against Us and/or Our Landlord for damage or loss to Your property arising from fire, theft, or other occurrences. However, You may exercise Your lawful rights to the extent there has occurred willful misconduct or gross negligence by Us or Our employees while under Our control, and such willful misconduct or gross negligence has caused You injury, loss or damages.
17. You agree to defend, reimburse and protect Us, Our officers, directors, employees, Landlord, agents and affiliates (hereinafter called "Our Group") from and against all obligations, liabilities, claims, damages, costs and fees (including reasonable attorney's fees) which may be imposed upon, or asserted against, Our Group because of Your actions or omissions or those of Your employees, agents, representatives, contractors, visitors or of those You permit to occupy or use Our services, offices, facilities and/or areas (called "Your Group"), or which arise out of Your failure to fully and timely pay, perform or comply with any provision or requirement contained in this Agreement.
18. You will have breached this Agreement if You do not fully and timely make the payments, perform the acts, and comply with the House Rules and requirements, for which You are responsible under this Agreement. If You breach this Agreement, We have the right to cease to provide to You the designated services or facilities access, as well as some or all of Our other services. and to exclude You, Your employees, agents, representatives, contractors, customers and visitors from Our premises. Our termination of this Agreement under this Paragraph does not end Your obligations to Us. You will still be liable to Us for all unpaid and overdue fees for office access, facilities and service applicable at the time of termination. All costs, expenses, losses and damages, including legal costs and reasonable attorney’s fees, We suffer or incur because of Your failure to fully and timely satisfy Your obligations under this Agreement, and/or in connection with Our efforts to enforce Your satisfaction and/or compliance with these obligations.
19. This Agreement is the entire Agreement between You and Us; and it supersedes any and all previous Agreements, arrangements and understandings We may have had (if any). The laws and courts of the state of New Jersey shall be used to resolve all disputes and to interpret this Agreement. You and We agree to waive all rights to a trial by jury in all disputes. If a portion of this Agreement is determined to be invalid or unenforceable, that determination shall not affect the validity or enforceability of the other provisions.