Terms and Conditions
Access code means the code or swipe card provided to the Licensee to utilise the booking
Boardroom means any of the rooms 1,2,3 or 4 on the ground floor of the building
Booking means the time that the Licensee is able to use the Space
Building means Hive Orange 25-27 McNamara Street, Orange
Car parking means any car parking areas associated with the building
Common areas mean’s the break out area and the kitchen
Conduct Rules means the conduct rules for the Building provided within the Hive App at the time of the Booking
Co-working space means the southern ground floor room in the building
Fee means the fee detailed and charged via the Hive App for the Booking
Hive App means the app utilised for the purposed of this agreement
Hive Orange means Hive Orange Pty Ltd ACN 633 900 197
Licensee means the person that applies and is accepted via Hive App to utilise the co-working space or a boardroom
Lockers means the lockers adjacent to the reception area on the ground floor of the building
Printing means the printing service provided by Hive Orange
Privacy booths means the telephone booths on the ground floor of the building
Provided facilities means data connection and data, electrical power points, air conditioning heating and cooling, toilets and rest rooms, desks, chairs, lounges and kitchen facilities and supplies
Shower facilities means the showers on the first floor of the building
Space means the co-working space or boardroom as specifically booked by the Licensee on the Hive App
- Nature of this agreement: This agreement is personal and is not assignable by the Licensee and the Licensee to use the Co-working space or the Boardroom as the case may be, in accordance with the Booking.
- Fee: The Licensee must pay the Fee when the Booking is made.
- Subject to this agreement, the Licensee has a non–exclusive right to use the relevant Space and the Provided facilities for the period on the Booking for the purposes of use as an office. The Licensee must not seek to reside in the Building beyond its Booking.
- Nature of the Licence: If the Booking is for the Co-working space, the Licensee must not allow any other person to access the Building. If the Booking is for a Boardroom, then the number of invitees per the Booking are able to utilise the Space and Provided facilities.
- The Licensee must not alter or damage any part of the Building or the Provided facilities. The Licensee is responsible for any damage caused by its invitees.
- No warranty of representation: The Licensee confirms that it did not rely upon any warranty or representation made by Hive Orange except those that are expressly set out in this agreement.
- Communication: If the Licensee wishes to communicate with Hive Orange it must be via the Hive App.
- Conduct Rules: The Licensee must comply with the Conduct Rules when in the Building.
- Hive Orange reserve the right to direct a Licensee to manage their conduct in the Building in a particular way and the Licensee must comply.
- Joint and several liability: Where the Licensee comprises more than one individual such individuals shall be jointly and severally liable to observe and perform the Licensee’s obligations under this agreement.
- Hive Orange will use its reasonable endeavours to maintain a wi fi network for use during the Booking however the Licensee will not have any claim or right to terminate this agreement if the wi fi network is not available.
- Hive Orange is not responsible for any computer malfunction, computer virus or other IT problem that may occur during the Booking.
- All bookings can be rescheduled or cancelled up until 24hrs before the scheduled booking time.
- All bookings cancelled or changed within 24hrs of the booking time will not be eligible for a refund and additional booking fees will apply if rescheduling.
- Bookings can be rescheduled or cancelled via our Client Portal if booked on online, or by calling Prue on 0408 611 807.
- All bookings that run over the allocated booking time will incur a $100 additional booking charge.
- Use: The Access Code is only to be used during the Booking for the purpose of accessing the Building and the Space.
- A Licensee must not disclose the Access Code to any person and must not provide any Access Code swipe cards to any other person.
- Any meetings in a Boardroom must be conducted in a way so as not to disturb any other use of the Building.
- Hive Orange reserves the right to ask any invitee of a Boardroom Booking to leave the Building.
- Showers: A Booking of a Boardroom entitles the Licensee (individually) to use the Showers. Any invitee is not permitted to use the Showers.
- Communal space: The Co-working space is a communal use space and is a low volume noise area such that a Licensee using the Co-working space must not disturb other users.
- Telephone calls: A Licensee is not to take or receive calls in the Co-working space and any telephone calls (including video) are to be conducted in the designated area in the Provided facilities.
- If the Booking includes Car parking then the Licensee may park one motor vehicle in the nominated Carpark.
- If the Booking does not include Car parking then the Licensee must not park motor vehicles in the Car parking area and must not access this area of the Building.
- The Licensee must pay for Printing
- Food and beverage: The Licensee is entitled to reasonable access to the Provided Facilities and reasonable sustenance from provided tea, coffee, but not as meals. Hive Orange reserves the right to withdraw access to the food and beverages. For example, the provided sustenance is not to be used by a Licensee as a substituted for a meal.
- The Provided facilities are shared with others and a Licensee must be respectful of the space and convenience of others and not interfere or disturb other users of the Building.
- Hive Orange reserves the right to give a Licensee a directive curtailing their use of the Provided Facilities.
- The Provided Facilities are not to be used as a substitute for a meeting place or the Boardroom.
- Hive Orange may redirect a Booking to an alternate area in the Building at its sole discretion.
Termination of Licence
- Hive Orange may terminate the licence under this agreement without cause and immediately. If more than half of the Booking time has passed then the Licensee is not entitled to a refund. If less than half of the Booking time has passed at termination, then Hive Orange will provide a proportionate refund of the Fee.
- At the end of the Booking, the Licensee must return the Access Code (if provided via separate card) to Hive Orange.
- Hive Orange has no responsibility for the property and possessions of the Licensee during the Booking, whether such items are in the Lockers, Co-working space, Boardrooms or Provided facilities.
- This agreement is governed by the laws of NSW.
- The extent of Hive Orange’ liability: To the maximum extent permitted by law, the Hive Orange 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 Building, except to the extent the Hive Orange has acted negligently in causing that loss or damage. The Hive Orange is not liable for any loss as a result of the Hive Orange’ failure to provide a service as a result of mechanical breakdown, strike or otherwise. In no event shall the Hive Orange be liable for any loss or damage for a breach of this agreement until the Licensee provides the Hive Orange written notice of such breach and a reasonable time in which to remedy such breach. If the Hive Orange 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 Hive Orange will pay any actual and reasonable expenses the Licensee has incurred in obtaining that service from an alternative source. If the Licensee believes the Hive Orange has failed to deliver a service consistent with these terms and conditions the Licensee shall provide Hive Orange written notice of such failure and give Hive Orange a reasonable period in which to remedy such failure.
- The Licensee indemnifies Hive Orange against any liability, loss or damage arising in connection with: (a) any injury or death of any person caused or contributed to by the Licensee; (b) any loss or damage to any property caused or contributed to by the Licensee; (c) any claim by any third party against Hive Orange as a result of any act or omission of the Licensee; (d) the use of the Premises by the Licensee.
Exclusion of consequential losses, etc.:
- The Hive Orange 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 Hive Orange otherwise agrees in writing.
- 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 (as stated on the Tax Invoice) to the Australian Taxation Office.