Please read these Terms of Service (‘Terms’, ‘Terms of Service’) carefully before using the airdeskers.com.au website (the ‘Service’) operated by AirDeskers (‘us’, ‘we’, or ‘our’). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. They contain important information about your legal rights, remedies and obligations. By accessing or using the AirDeskers Platform, you agree to comply with and be bound by these Terms.
(THE PARTY LISTED AS LICENSEE IN THE SCHEDULE)
LicensorBusiness Name: as per ‘Listing Name’ onlineUser Name: as per first part of email address prior to ‘@’ symbolPhone Number: as per ‘phone number’ onlineEmail: as per ‘contact email’ onlineAddress: as per ‘Location’ online
Licensee: as per ‘Billing details’, ‘First Name’, ‘Last Name’, ‘Street Address’, ‘Suburb’, ‘State’, ‘Postcode’, ‘Phone Number’ and ’email address’. ‘Company Name’ is optional and if entered will be included in this agreement..
Licensor Agent contact details
Business Name: Wilderness Properties Pty Ltd ACN 614 946 897 T/A AirDeskers Contact Person: Allesia Gardner
Premises: as per ‘Location’ online
Space inclusions: as per ‘Listing Labels’ and ‘Description’
Office Fee: as per the rate and frequency chosen in ‘Make an Online Reservation’.
Daily Rate (if applicable)
Term: as per the rate and frequency chosen in ‘Make an Online Reservation’.
Hours of access: as per the rate and frequency chosen in ‘Make an Online Reservation’.
Office Services provided: as per ‘Listing Labels’ and ‘Description’
Communal Items: as per ‘Listing Labels’ and ‘Description’
Termination notice period and method
Discounts, Promotions and Offers (if Applicable)
1. Defined Terms
1.1. Agreement means this Licence agreement between the Licensor and Licensee as of the date as executed by the parties subject to the terms and conditions contained herein;
1.2. Daily Booking means a booking expressed in a number of business days and renewed on a day to day basis and shall be four (4) business days or less;
1.3. Licensor’s Agent means the licensor agent as described in the Schedule;
1.4. Monthly Booking means a booking expressed in a number of months and renewed on a monthly by month basis;
1.5. Premises means the building identified on the Schedule of this Agreement;
1.6. Space means the workstation(s) and/or dedicated office(s) identified on the Schedule of this Agreement and located at the Premises;
1.7. Weekly Booking means a booking expressed in a number of weeks and renewed on a week by week basis and must be at least five (5) business days or more;
1.8. Writing or Written includes email or hard copy letters; and
1.9. Yearly Booking means a booking expressed in a number of years and renewed annually.
2.1. Headings are for ease of reference only and shall not affect the interpretation of this Agreement.
2.2. a reference to a party shall include that party’s executors administrators and assigns and where a party is a body corporate, its successors and assigns but shall not authorise devolution or assignment where the same is subject to a party’s permission or any other condition under this Agreement or otherwise;
2.3. words importing the singular number or plural number shall include the plural number and singular number respectively;
2.4. words importing the masculine gender only shall include the feminine and neuter genders and vice versa;
2.5. This Agreement includes all schedules attached, references to clauses are to clauses of this Agreement;
2.6. a reference to any statute shall include all statutes amending consolidating or replacing the statute referred to;
2.7. unless otherwise stated in the Agreement all references to dollar(s) or $ in the Agreement refer to Australian dollars;
2.8. if any act which must be done under this Agreement is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day;
2.9. a reference to a natural person includes a body corporate, partnership, joint venture;
2.10. “includes” and similar words mean includes without limitation; and
2.11. a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally.
3.1. Nature of this Agreement: This Agreement is personal and is not assignable by the Licensee and the Licensee shall not share or part with possession of the Space. The Licensor gives the Licensee no legal or equitable interest in the Space or Premises, just the non-exclusive right to share the Space and business Premises facilities with the Licensor and other Licensees and occupants.
3.2. The parties agree that this Agreement is a licence for the Space and not to be viewed, expressed or taken to be a lease under any legislation or law including but not limited to the Retail and Commercial Leases Act 1995 (SA) or any other similar legislation.
3.3. No warranty of representation: The Licensee confirms that it did not rely upon any warranty or representation made by Licensor or the Licensor’s Agent except those that are expressly set out in this Agreement.
3.4. All notices must be in writing: Notices to the Licensee will be considered served if handed personally or emailed to the Licensee or the legal representative or authorised representative of the Licensee. Notices to Licensor must be sent to the Licensor’s Agent and will be considered served if mailed by registered mail to the Licensor’s Agent registered address or by email as found on the Schedule at the front of the Agreement.
4.1. The Licensor or the Licensor’s Agent shall complete a tour with the Licensee.
4.2. If at the end of the tour the Licensor or Licensor’s Agent finds that the Licensee is (at their full discretion) finds that the Licensee is unsuitable the Licensor or Licensor’s Agent may immediately terminate the Licence;
4.3. If the Licensee at the end of the tour finds the description online does not accurately describe the Space then the Licensee may with written notice terminate the Licence.
5. Office Rules
5.1. Comply with Office Rules: The Licensee and its employees must comply with any office rules which the Licensor imposes on users within the Premises. (if applicable – ask for more details).
6. Time of Access
6.1. Unless otherwise agreed between the parties in writing the hours of access to the Premises and Space shall be Monday to Friday, during business hours of 9:00 am to 5:00 pm.
7. Extension Option or Holding Over
7.1. Duration: This Agreement lasts for the term stated on the Schedule to this Agreement.
7.2. This Agreement may be extended for a further fixed term by agreement between the Licensor and the Licensee.
7.3. The fees on any renewal will be at the then prevailing market rate as advertised online or as negotiated in Writing.
8. Terminating the Agreement
8.1. Bringing this Agreement to an end:
8.1.1. Prior to the commencement of the term a;
220.127.116.11. Daily Booking may be cancelled by either party with at least forty eight (48) hours prior written notice to the other party, where bookings are terminated with less than forty eight (48) hour notice only fifty (50%) percent will be refunded to the Licensee;
18.104.22.168. Weekly Bookings and Monthly Bookings may be cancelled by either party with at least two (2) weeks prior written notice to the other party, where bookings are terminated with less than two (2) weeks prior written notice only fifty (50%) percent will be refunded to the Licensee;
22.214.171.124. Yearly Bookings may be cancelled by either party with at least one (1) Months’ prior written notice to the other party, where bookings are terminated with less than one (1) wmonths’ prior written notice only fifty (50%) percent will be refunded to the Licensee;
8.1.2. During a booking the remainder of the booking period may be cancelled for a:
126.96.36.199. Daily Booking with at least twenty four (24) hours written notice to the Licensor;
188.8.131.52. Weekly Booking with at least forty eight (48) hours written notice to the Licensor;
184.108.40.206. Monthly Booking and Yearly Bookings with at least one (1) months’ written notice to the Licensor.
8.1.3. If an agreed extension has been applied the termination will be effective at the end of the term stipulated in the agreed extension provided that all payments have been received in relation to the booking .
8.2. Ending this Agreement immediately:
8.2.1. To the maximum extent permitted by law, one party may put an end to this Agreement immediately by giving the other party notice and without need to follow any additional procedure if:
220.127.116.11. the other party becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as they fall due; or
18.104.22.168. the other party is in breach of one of its obligations which cannot be put right or which a party has given the other party notice to put right and which the other party has failed to put right within five (5) days of that notice; or
22.214.171.124. the other party’s conduct, or that of someone at the Premises with the other party’s permission or invitation, is incompatible with ordinary office use; or
126.96.36.199. If a party damages the Space or Premises the Licence may be cancelled at the Licensor’s discretion; or
188.8.131.52. A tour is not completed to the satisfaction of the Licensor.
8.3. If the Premises is no longer available:
8.3.1. In the event that the Licensor is permanently unable to provide the services and accommodation(s) at the Premises stated in this Agreement, then this Agreement will end and the Licensee will only have to pay; monthly office fees up to the date the Space is available, any additional services the Licensee has used and any outstanding amounts.
8.4. End of Agreement:
8.4.1. When this Agreement ends the Licensee is to vacate the Space immediately, leaving the Space in the same condition as it was when the Licensee entered the Space (fair wear and tear excepted). Upon the Licensee’s departure or if the Licensee, at its option, chooses to relocate to a different Space within the Premises, the Licensor may charge a reasonable office restoration service fee to cover normal cleaning and to return the Space to its original state, fair wear and tear excepted. This fee will differ for each Premises and is determined by the Licensor acting reasonably on a case by case basis.
8.4.2. The Licensor reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear.
8.4.3. If the Licensee leaves any property in the Premises the Licensor may dispose of it at the Licensee’s cost in any way the Licensor chooses without owing the Licensee any responsibility for it or any proceeds of sale.
8.4.4. If the Licensee continues to receive mail at the Premises address after this Agreement has ended, the Licensor will not be responsible for any loss, claim or liability incurred as a result of the Licensee’s failure to redirect their mail.
8.4.5. All correspondence received after a Licensee has vacated the Space will be disposed of within twenty four (24) hours of it being received at the Premises.
8.5. Keys and Passes:
8.5.1. On or before the expiry of this Agreement the Licensee must return to the Licensor all keys and other means of access to the Space and Premises.
8.5.2. Whenever any key(s) or other means of access is lost the Licensee is to report such loss forthwith to the Licensor and incur the cost to replace such key(s) or other means of access as well as the cost of replacing any lock/keys changed by the Licensor for other tenants.
8.6. Prepaid Rent:
8.6.1. The Licensor shall refund to the Licensee any prepaid rent less any amounts owing by the Licensee to the Licensor under this agreement.
9. Communication with Employees and Licensor
9.1. Employees: While this Agreement is in force and for a period of six (6) months after it ends, neither the Licensor nor the Licensee may knowingly solicit or offer employment to any of the other’s staff employed in the Premises or by the Licensor. This obligation applies to any employee employed at the Premises up to that employee’s termination of employment, and for three (3) months thereafter. Nothing in this clause shall prevent
either party from employing an individual who responds in good faith and independently to an advertisement, which is made to the public at large.
9.2. Anti-competitive behaviour: By way of commission payable to the Licensor by the Licensee, the Licensee agrees that, in the event that the Licensee entices, convinces or otherwise causes an existing Licensee to vacate the Premises to pay to the Licensor a commission equal to two (2) weeks rental of the vacating licensee’s existing workspace licence fee.
10. Confidentiality and Enforcing the Agreement.
10.1. Confidentiality: The terms of this Agreement are confidential. Neither the Licensor nor the Licensee may disclose them without the other’s prior written consent unless required to do so by law or an official authority. A party may disclose this Agreement to its officers, employees, professional advisors, consultants or agents (to the extent they need to know) and must use best endeavours to ensure such persons keep the information confidential. This obligation continues after this Agreement ends.
10.2. Applicable law: This Agreement is interpreted and enforced in accordance with the local laws applicable to the country and region the workspace is located in. If any provision of these terms and conditions is held void or unenforceable under the local applicable law, the other provisions shall remain in force.
10.3. Enforcing this Agreement: The Licensee must pay any reasonable and proper costs including legal fees that the Licensor incurs in enforcing this Agreement.
11. Services and Obligations
11.1. Furnished office accommodation(s):
11.1.1. The Licensor will provide the number of serviced and furnished office accommodation(s) as described in the Schedule as stated as “Space”. For which the Licensee has agreed to pay Office Fees and other amounts as stated on the Schedule of this Agreement.
11.1.2. This Agreement lists the areas/accommodation(s) the Licensor has initially allocated for the Licensee’s use. Where a Licensee takes less than 100% of a Premises the Licensee will have a non-exclusive right to the rooms allocated to it. Occasionally Licensor may need to allocate different accommodation(s), but these accommodation(s) will be of reasonably equivalent size and the Licensor will notify the Licensee with respect to such different accommodation(s) in advance.
11.2. Office Services:
11.2.1. The Licensor is to provide services during normal opening hours or where permitted by the Premises and law, twenty four (24) hours a day, seven (7) days a week (unless stated otherwise on the Schedule of this Agreement). The services provided are as listed in the Schedule as “Office Services”. Provided for communal use will be those as listed in the Schedule as “Communal Items”. For the removal of doubt the Licensor has no responsibility for the replacement of damaged or faulty item provided as Communal Items.
11.2.2. The Licensee may request further services to the Licensor in writing. If the Licensor decides that a request for any particular service is excessive, it
reserves the right to charge an additional fee determined at the time of request.
11.2.3. Reception and cleaning services may not be provided in the Licensor’s business Premises unless specifically stipulated in this Agreement.
11.2.4. The Licensee may only utilise the address that is reflected in their current Agreement and each Licensee is responsible for the collection of mail from the communal letterbox supplied by the Premises.
11.3. Licensor IT: THE LICENSOR DOES NOT MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF LICENSOR’S NETWORK (OR THE INTERNET) OR OF ANY INFORMATION THAT THE LICENSEE PLACES ON IT. The Licensee should adopt whatever security measures (such as encryption) it believes are appropriate to its circumstances. The Licensor cannot guarantee that a particular degree of availability will be attained in connection with the Licensee’s use of the Licensor’ network (or the internet) or other services to the Premises that may be beyond the control of the Licensor. The Licensee’s sole and exclusive remedy shall be the remedy any network failures by the Licensor within a reasonable time after written notice is provided of a fault.
12. Providing the Services
12.1. Access to the Space and Premises: The Licensor and its employees may need to enter the Space and may do so at any time. However, unless there is an emergency or the Licensee has given notice to terminate, the Licensor will attempt to notify the Licensee(s) verbally or electronically in advance when Licensor needs access to carry out Premises tours, testing, repair or works other than routine inspection, cleaning and maintenance. The Licensor will also endeavour to respect reasonable security procedures to protect the confidentiality of the Licensee’s business.
12.2. Availability at the start of this Agreement: If for any reason the Licensor cannot provide the Space stated in this Agreement by the date when this Agreement is due to start it has no liability to the Licensee for any loss or damages but the Licensee may cancel this Agreement without penalty. The Licensor will not charge the Licensee the monthly office fee for Space the Licensee cannot use until it becomes available. The Office Fees and other fees will be charged on a pro-rata basis.
12.3. The Licensee has the option to install telecommunication lines providing it is requested in writing and pre-approved by Licensor – Refer 13.2
13.1. Repair and damage: The Licensee must not alter any part of the Premises or Space and must keep all parts of the Space, Premises, its equipment, fixtures, fittings and furnishings which the Licensee uses in good repair and condition, fair wear and tear excepted. The Licensee is liable for any damage caused by its employees, contractors, agents or other persons invited to the Space by the Licensee. In the event of any damages to the Space or Premises the Licensee must fix the damages to the satisfaction of the Licensor or pay for the repair of the damages within five (5) days.
13.2. Office furniture and equipment: The Licensee must not install any cabling, IT or telecom connections without the Licensor’s prior written consent, which Licensor may give or refuse at its absolute discretion. As a condition to the Licensor’ consent, the Licensee must permit the Licensor to oversee any installations (for example IT or electrical systems) and to verify that such installations do not interfere with the use of the
accommodation(s) by other occupants or the Licensor or any landlord of the Premises. Prior to vacating the Space, the Licensee must reinstate the Space to the original condition, fair wear and tear excepted it was in prior to the works being undertaken
13.3. Insurance: It is the Licensee’s responsibility to arrange insurance for its own property which it brings in to the Premises and for its own liability to its employees and to third parties including but not limited to public liability insurance of not less than $20 million, workers compensation and plate glass replacement.
13.4. Security: The Premises is not patrolled by security and the Licensee must securely lock the access doors upon exiting the Premises. It is the sole responsibility of the last person exiting the Premises each day to securely turn off the lights and lock all windows and doors. The Licensee is responsible for any liability, loss, damage or costs incurred by the Licensor arising from a failure of the Licensee to comply by this clause.
14.1. Permitted use: The Licensee must only use the Space for office purposes or purposes as consented to by the Licensor in writing. Office use of a “retail” or “medical” nature, involving frequent visits by members of the public, is not permitted. Residing overnight in the Space is also not permitted.
14.2. Restriction: The Licensee must not carry on a business that competes with the Licensor’ business of providing serviced office accommodation(s) or its ancillary services (unless with prior written approval of the Licensor).
14.3. The Licensee’s name and address: The Licensee may only carry on its business in the business name specified on the Schedule of this Agreement, or other name with the prior written consent of the Licensor.
14.4. Use of the Premises Address: The Licensee may use the Premises address as its business address. Any other uses of the Premises address are prohibited without the Licensor prior written consent.
15.1. Comply with the law: Each party must comply with all relevant laws and regulations in the conduct of its business. The Licensee must not do anything illegal in connection with its use of the Premises. The Licensee must not do anything that may interfere with the use of the Premises by the Licensor or by others, cause any nuisance or annoyance, increase the insurance premiums the Licensor has to pay, or cause loss or damage to Licensor (including damage to reputation) or to the owner of any interest in the building which contains the Premises. The Licensee acknowledges that:
15.1.1. the terms of the foregoing sentence are a material inducement in the Licensor’ execution of this Agreement and
15.1.2. any violation by the Licensee of the foregoing sentence shall constitute a material default by the Licensee hereunder, entitling Licensor to immediately terminate this Agreement, without further notice or procedure.
15.2. The Licensee acknowledges, accepts and consents that its personal data may be transferred or made accessible to all entities of the Licensor’s corporate group or associated entities, wherever located, for the purposes of providing the services.
16. Licensor’ Liability
16.1. The extent of Licensor’ liability: To the maximum extent permitted by law, the Licensor is not liable to the Licensee in respect of any loss or damage the Licensee suffers in connection with this Agreement, with the services or with the Space, except to the extent the Licensor has acted negligently in causing that loss or damage. The Licensor is not liable for any loss as a result of the Licensor’ failure to provide a service as a result of mechanical breakdown, strike, termination of the Licensor’ interest in the building containing the Premises or otherwise. In no event shall the Licensor be liable for any loss or damage for a breach of this Agreement until the Licensee provides the Licensor written notice of such breach and a reasonable time in which to remedy such breach. If the Licensor is liable for failing to provide the Licensee with any service under this Agreement then subject to the exclusions and limits set out immediately below the Licensor will pay any actual and reasonable expenses the Licensee has incurred in obtaining that service from an alternative source. If the Licensee believes the Licensor has failed to deliver a service consistent with these terms and conditions the Licensee shall provide Licensor written notice of such failure and give Licensor a reasonable period in which to remedy such failure.
16.2. Indemnity: One party indemnifies the other party against any liability, loss or damage arising in connection with:
16.2.1. any injury or death of any person caused or contributed to by the other party;
16.2.2. any loss or damage to any property caused or contributed to by the other party;
16.2.3. any claim by any third party against one party as a result of any act or omission of the other party;
16.2.4. the use of the Space by the other party.
16.3. Exclusion of consequential losses, etc.: the Licensor will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss unless the Licensor otherwise agrees in writing. The Licensee will be responsible for maintaining its own insurance in respect of all such potential loss, damage, expense or liability.
17. Special Terms
17.1. In the event that those items entered in the Special Terms of the Schedule conflict with the terms and conditions of this Agreement, then those Special Terms shall prevail.
18.1. Taxes and miscellaneous charges: Any words capitalised in this clause and not already defined in this Agreement have the meaning given to those words in A New Tax System (Goods and Services Tax) Act 1999 (Cth). If a Supply made under or in connection with this Agreement is a Taxable Supply, then at or before the time the consideration for the Supply is payable the Supplier must give the Recipient a Tax Invoice for the Supply. Where a Tax Invoice is given by the Supplier, the Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (if applicable) (as stated on the Tax Invoice) to the Australian Taxation Office.
18.2. Payment: :
18.2.1. The Licensee shall, for the duration of this Agreement prior to the first working day of each month, pay to the Licensor whether demanded or not the Office Fee, Service Package (If applicable) identified on the Schedule of this Agreement and any other associated costs as agreed by both parties.
18.2.2. In the event that the Licensee does not pay the total amount as stated on an invoice issued by the Licensor, the Licensor shall be entitled to:
184.108.40.206. require the Licensee to vacate the Space within three (3) days; immediately withdraw and stop partial or all services provided by Licensor including, but not limited to internet, telephone and electricity services;
220.127.116.11. on the 4th day of the start of a new month enter the office and change the locks/keys without prior notice;
18.104.22.168. claim all costs including legal fees, any amounts in relation to damages associated with recovering all monies owed to Licensor from the Licensee on a full indemnity bases; and/or
22.214.171.124. register the Licensee or it’s company name and its directors with credit rating agencies if monies remain outstanding for more than thirty (30) days.
18.3. Late payment Fee:
18.3.1. If by the 5th day of the start of a new month the Licensee has not paid their account in full with cleared funds, a late payment fee will be charged on the account. This fee will be $27.50 incl. GST (if applicable). If the Licensee disputes any part of an invoice the Licensee must pay the amount not in dispute by the due date or be subject to late fees. The Licensor also reserves the right to withhold services (including for the avoidance of doubt, denying the Licensee access to the Space) while there are any outstanding fees and/or interest or the Licensee is in breach of this Agreement.
18.4. Insufficient Funds:
18.4.1. The Licensee will pay a fee for any returned cheque or any other declined payments due to insufficient funds. This fee will be $27.50 incl. GST (if applicable).
18.5. Annual Increase:
18.5.1. The Licensor may give the Licensee notice at least one (1) month before each 12‐month anniversary of the start of this Agreement of an increase in the monthly/office workstation fee. If not stipulated in the original Agreement the increase will be no more than the current market rate as advertised online or as negotiated in writing. If the Licensee does not agree with the increase, then either party may terminate this Agreement on one (1) months’ notice and the increase shall not take effect.
18.6. Standard services: The Office Fee and any recurring services requested by the Licensee are payable in advance. Unless otherwise agreed in writing, these recurring services will be provided by the Licensor at the specified rates (as amended from time to time) for the duration of this Agreement (including any renewal). Where a daily rate applies, the charge for any such month will be thirty (30) times the daily fee. For a period of less than a month the fee will be applied on a daily basis.
18.7. Pay-as-you-use and additional variable services: Fees for pay-as-you-use services, plus applicable taxes, in accordance with the Licensor’ published rates online or as agreed in writing which may change from time to time, are invoiced in arrears and payable the month following the calendar month in which the additional services were provided.
18.8. Discounts, Promotions and Offers: If the Licensee benefited from a special discount, promotion or offer, the Licensor may discontinue that discount, promotion or offer without notice if the Licensee breaches these terms and conditions or becomes past due on two or more occasions. On the renewal of an Agreement these benefits will expire.
19. Complaint Process
19.1. Either party may by written notice to the other party advise of a complaint;
19.2. The other party shall review the complaint and respond within a reasonable time, with regards to the original booking and any differences and have an opportunity to resolve the complaint;
19.3. If the complaint is unable to be resolved the Licensor may with full discretion apply no refund, partial or full refund and/or terminate the Licence.
1) Keep your computer and phone muted or on silent, so that every time you get an email or message it does not alert everyone on your floor.
2) Please keep the common areas including the toilet and kitchen clean and tidy after use.
3) Please keep loud conversation to a minimum.
4) Try to avoid foods that splatter or slurp or have a lingering smell, as much as you may love steamed fish, the rest of your team will probably won’t.
5) If you:
a. Take it out, please return it to the place you found it;
b. If you dirty it please clean it;
c. If you break it, please replace it.
6) If you are sick please be considerate of the others in the shared space.
7) Please leave your space in a better condition than when you found it.
8) Please only use the food in the fridge that you have brought.
9) Avoid overuse of perfume.
10) Only view or print appropriate material in the shared space.