Digispace Claremorris, Clár Community Projects Limited Terms and Conditions
Definitions:
a) ‘Digispace Claremorris’ means Clár Community Projects, and or https://www.digispaceclaremorris.ie/
b) The ‘Premises’ means Unit 10, Lakeside Retail Park, Claremorris, Co. Mayo, F12 X9N1 or other premises added to our service in the future as applicable.
c) The ‘Agreement’ means you have agreed to the Terms and Conditions as laid out in this document at the time of making and confirming your telephone, email, in-person booking or online booking.
d) The ‘Provider’ means Digispace Claremorris where applicable.
e) The ‘Guest User’ means the signatory of the Agreement or the renter
f) The ‘Service(s)’ means any service/product selected by the Guest User or renter
g) ‘Additional Services fee(s)’ means the fees owed by the Guest User for the use of any Additional Equipment, Facilities and Services that they use including conferencing facilties, meeting rooms or any other extra charges that may apply.
Acknowledgment and Acceptance of Terms of Use
The Service(s) are offered to the Guest User conditional on their acceptance of the terms and conditions contained in the Service Agreement, without modification.
Digispace Claremorris – Use of The Provider Facilities
2.1 The Provider will supply the following accommodation services to the Guest User during business opening hours (which may change from time to time) Monday to Friday (other than Ireland public and bank holidays).
2.1.1 Hot Desk Guest Users will use a workstation (being the desk and chair), including Internet connection, for one day during the business opening hours up to the number of working days confirmed in their booking. The Provider may at any time, and in its absolute discretion, assign the Guest User to any workstation in any our desk spaces or location(s).
2.1.2 The heating, lighting, cleaning, and maintenance of the workstation and the Digispace Claremorris building.
2.1.3 The use in common with others of equipment and those parts of the Digispace Claremorris intended by the Provider for use by the Guest User and others including the kitchens, and communal and breakout areas.
2.2 Hot Desk+
2.2.1 The Provider entitles Guest Users to hire a Hot Desk and a meeting room for up to 2 hours in the same day.
2.2.2 Use of any Facilities will be subject to: (i) Access to meeting rooms entitlement of specified chosen Service Package; (ii) availability of the Facilities; (iii) payment of all fees and charges incurred in reserving and/or using the Facilities; and (iv) compliance with the terms and conditions and/or house rules from time to time applicable to Digispace Claremorris and the Premises.
2.2.3 Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the Facilities is to be made by the Guest User prior to use and shall not be considered guaranteed until written confirmation has been provided by the Guest User.
2.2.4 Cancellations or changes received within 24 hours prior to the reserved date will be charged 100% of the total cost. Any cost incurred to third party suppliers (e.g., caterers or equipment suppliers) as a result of the cancellation will be payable in full by the Guest User or Non-Guest User.
2.2.5 Reservations not made through the Provider are not guaranteed in any way and no pricing structure is guaranteed for reservations not made specifically with the Provider.
2.3 Use of The Provider Other Services
Any other services such as telephone, fax, printing, or copying will be charged as per the Provider’s current rates.
2.4 Modifications to The Service
2.4.1 Digispace Claremorris reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to the Guest User, and is under no obligation to support or update the Service. The Provider will endeavour to provide advanced notice of any alteration to Services in as far as is possible.
2.4.2 The Guest User acknowledges and agrees that the Provider shall not be liable to the Guest User or any third party in event that the Provider exercises its right to modify or discontinue all or part of the Service.
2.4.3 The Company reserves the right, in its sole discretion, to change User pricing upon 30 days’ notice.
3 Payment
3.1 Hot Desk reservations are payable fully in advance.
3.2 If the Guest User has any question regarding any charges that have been applied to his/her account, the Guest User must contact the Provider’s Business Manager within 30 days of the charge date.
3.3 Payment must be made by the valid credit/debit card designated by the Guest User. Digispace Claremorris can provide cash payments to made at the main office: Clar IRD, Ballyhaunis Road, Claremorris, Co Mayo, F12KV29, where a receipt of payment will be issued.
3.4 In the event of the Guest User failing to discharge his/her liability to the Provider for the Services provided by the Provider within 7 days of such payment becoming due, the Provider shall be entitled (i) to exclude the Guest User from further use of any services facilities and equipment until all outstanding sums are paid.
3.5 If the Guest User disputes any part of a payment, he/she must pay the amount not in dispute by the due date or be subject to a late payment compensation fee. The Provider reserves the right to withhold services while there are any outstanding fees and interest, or the Guest User is in breach of this Agreement.
3.6 Guest Users who cancel Digispace Claremorris bookings at least 2 days in advance of their bookings will receive a full refund. In relation to cancellations of booking with less than 2 working days’ notice the hire charges will be retained.
Provider’s Right & Responsibilities
4.1. The Provider may without notice suspend the provision of services (including access to the premises) for reasons of political unrest, strikes, or other events beyond our reasonable control.
4.2. The Provider is not liable for any loss as a result of failure to provide a service or because of any electrical or mechanical breakdown, strike, delay, failure of staff, termination of its interest in the building containing the Desking facilities or otherwise, unless it does so deliberately or through gross negligence.
4.3 The Provider is also not liable for any failure until the Guest User has informed the Provider and given reasonable time for rectification. The Guest User agrees that the Provider will not be liable for any loss, damage or claim which arises as a result of, or in connection with, this agreement and/or the use of the services except to the extent that such loss, damage, expense, or claim is directly attributable to its deliberate act or its gross negligence.
4.4 The Provider will not in any circumstances be liable for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss.
4.5 The Provider Strongly Advises the Guest User to insure against all such potential loss, damage, expense, or liability.
4.6 Unless there is an emergency, the Provider will as a matter of courtesy try to inform the Guest User in advance when it needs to carry out testing, repair or works other than routine inspection, cleaning, and maintenance.
4.7 The Provider will use all reasonable endeavours to ensure accurate and expeditious handling of communications for the Guest User, but no responsibility shall attach to the Provider or its staff or agents for any injuries, damage or loss howsoever arising or to whomsoever caused.
4.8 The Provider shall have no liability to the Guest User in respect of any act, omission, neglect, delay, or default by any of the Provider’s staff or agents whether in contract or in tort.
5 Guest User’s Rights and Responsibilities
5.1 The Guest User shall be entitled to receive the Services subject to these Terms and Conditions.
5.2 The Guest User must only carry-on business in the name specified on the Agreement unless Guest User applies to Digispace Claremorris prior.
5.3 The Digispace Claremorris brand and logo are registered Trademarks of the Provider. Guest Users may not use the Digispace Claremorris logo, brand or images in any document or publication, including the internet and in any way in connection with his/her business, unless previously agreed in writing with the Provider.
5.4 The Guest User must only use the Digispace Claremorris building for office purposes, and only for the business stated in the Agreement or subsequently agreed with the Provider.
5.5 The Guest User will not carry on any business which could be construed by the Provider as illegal, defamatory, immoral, or obscene and will not use Digispace Claremorris whether directly or indirectly for any such purpose.
5.6 The Guest User must not carry on a business which involves frequent visits by Guest Users of the public or which competes with the Provider business.
5.7 The Guest User must not put up any signs on any part of the workstations or in the Digispace Claremorris building unless previously agreed with the Provider.
5.8 The Guest User may not use the address of Digispace Claremorris or the Premises as his/her business address.
5.9 The Guest User will not be allowed to use the Digispace Claremorris premises outside of normal business hours unless there is prior agreement in place with Digispace Claremorris.
5.10 The Guest User’s obligations are to pay the stipulated fee and the costs of all other services provided on the due dates and to perform all the obligations on the part of the Guest User contained in the Agreement.
5.11 The Guest User will fully indemnify the Provider against any expenses, costs, claims, damages, or penalties incurred by the Provider in connection with this Agreement howsoever occasioned.
5.12 The Guest User will not send or deliver or cause to be sent or delivered to the Premises any noxious, harmful, dangerous, live, perishable, illegal or bulky objects.
5.13 It is the Guest User’s responsibility to arrange insurance for his/her own property, brought into the Digispace Claremorris premises and for his/her own liability for employees and to third parties. The Guest User’s must arrange before a booking that Digispace Claremorris( Clár Community Projects Ltd.) is indemnified on their insurance policy.
5.14 When the Guest User makes use of the Provider’s premises and meeting room facilities the Guest User agrees that:
5.14.1 Such hot desk facilities and meeting rooms shall be used for general office purposes only.
5.14.2 The Guest User shall maintain the Hot Desk facilities and meeting rooms in their existing condition and shall notify the Provider immediately of any damage caused by the Guest User and the Guest User’s employees and visitors.
5.14.3 The Guest User shall be liable for all damage caused by the Guest User and the Guest User’s employees and visitors.
5.15 The common areas of the Premises will only be used in such a way as to have regard to the rights and interests of other users.
5.16 The Guest User must take good care of all parts of the Digispace Claremorris premises, its equipment, fittings, and furnishings. The Guest User must not alter any part of it. The Guest User is liable for any damage caused by the Guest User or those in the Digispace Claremorris premises with his/her permission or invitation.
5.17 The Guest User must not install any furniture or office equipment, cabling, IT, or telecoms connections without the Provider consent, which it may withhold at its absolute discretion.
5.18 Any access passes issued to the Guest User always remain the Provider’s property. The Guest User must not allow anyone else to use them without the Provider consent. Any loss must be reported to the Provider immediately and the Guest User must pay the cost of replacement access pass.
5.19 The Guest User agrees to comply with the Code of Conduct procedures and regulations which the Provider imposes generally on users of the Digispace Claremorris premises for health and safety and other reasons. It is the Guest User’s responsibility to ensure that everyone in the Digispace Claremorris premises with his/her permission or invitation also complies with the Code of Conduct and Premises rules.
5.20 The Guest User must at all times respect the privacy and convenience of others using the Premises. The Guest User agrees not to do anything that will cause any nuisance or annoyance, that will interfere in any way with the use of the Digispace Claremorris premises, or that of its customers, that will increase the insurance premiums that the Provider must pay, or cause loss or damage to the Provider or to the owner of any interest in the building which contains the facilities and/or services.
Duration and Termination
6.1 Standard Duration and Termination Terms and Conditions applicable for Hot Desk and/or any other Digispace Claremorris Services.
6.1.1 The Provider may terminate this Agreement immediately by giving notice to the Guest User if:
6.1.1.1 The Guest User becomes insolvent, goes into liquidation, or becomes unable to pay the outstanding debts to the Provider when due.
6.1.2 The Guest User is in breach of one of his/her obligations under this Agreement which cannot be put right or which the Provider has given notice to put right and which the Guest User has failed to put right within 7 days of that notice: or
6.1.2.1 The Guest User’s conduct or that of someone at Digispace Claremorris with the Guest User’s permission or at his/her invitation, is incompatible with ordinary office use or does not comply with the Premises rules.
6.3 If the Provider is no longer able to provide business accommodation and services at Digispace Claremorris in the Agreement, then the Agreement will end, and the Guest User will only have to pay fees up to the date it ends and for the additional services used.
6.4 If the Provider ends this Agreement for any of the reasons in 6.1.1. (the standard termination terms and conditions), it does not put an end to any outstanding obligation the Guest User may have and the Guest User must: pay for additional services used and pay the service fees for the remainder of the period for which the Agreement would have lasted had the Provider not ended it, or, if longer, for the period of one month; and indemnify the Provider against all costs and losses incurred as a result of the termination.
6.5 The Provider may dispose of any property the Guest User leaves in the premises in any way it chooses without owing the Guest User any responsibility for it or any proceeds of sale.
6.6 Duration and Termination Terms and Conditions applicable to Clár Community Projects Limited
6.6.1 The Agreement will terminate immediately upon full usage of the hot desk day allowance.
6.6.2 More than 2 working Days’ Notice: 100% refund.
6.6.3 Less than 24 hours’ Notice: No refund.
6.7 Duration and Termination Terms and Conditions applicable to Meeting Rooms as part of the Digispace Claremorris
6.7.1 The Agreement will terminate immediately upon full usage of the Digispace Claremorris day allowance.
6.7.2 More than 2 Working Days’ Notice: 100% hire charges refunded.
6.7.3 Less than 24 hours’ Notice: No refund.
7 Provider’s Limitation of Liability
7.1 The Provider is not responsible for the negligence and/or failure to furnish any service, including but not limited to the service of conveying messages, communication and other utility or services or any of its Affiliates, Suppliers and any of their respective Officers, Directors, Employee, Partners, Agents and Representatives. The Guest User’s sole remedy and Provider’s sole obligation for any failure to render any service, any error or omission, or any delay or interruption of any service, is limited to an adjustment to the Guest User’s bill in an amount equal to the charge for such service for the period during which the failure, delay or interruption continues.
7.2 With the sole exception of the remedy described above, the client expressly and specifically agrees to waive, and agrees not to make, any claim for damages, direct or consequential, including with respect to lost business or profits, arising out of any failure to furnish any service, any error or omission with respect there to, or any delay or interruption of services. Digispace Claremorris disclaim any warranty of merchantability or fitness for a particular purpose.
8 Damage and Insurance
8.1 The Guest User is responsible for any damage the Guest User causes to the Provider or Guest User’s office(s) beyond normal wear and tear. The provider has the right to inspect the condition of the office from time to time and make any necessary repairs.
8.2 The Guest User is responsible for insuring their personal property against all risks. The Guest User has the risk of loss with respect to any of their personal property. The Guest User agrees to waive any right of recovery against the Provider, its directors, officers and employees for any damage or loss to the Guest User’s property under their control. All property in the Guest User’s office(s) is understood to be under the Guest User’s control.
9 General
9.1 All formal notices must be in writing and will be considered given to the Provider if delivered personally to the Provider at the Digispace Claremorris where the booking is due to take place or sent by courier or first-class post to the Head Office at Digispace Claremorris.
9.2 Except where we are grossly negligent, you must indemnify Clár Community Projects Limited in respect of all liability, claims, damages, losses, and expenses which may arise.
9.2.1 if someone dies or is injured in the workstations in use.
9.2.2 from a third party in respect of the use of Digispace Claremorris and the services.
9.2.3 if the Guest User does not comply with the terms of the Agreement.
9.3 The Guest User must also pay any costs, including reasonable legal fees, which the Provider incurs in enforcing the Agreement.
9.4 The Agreement is personal to the Guest User and is not capable of assignment.
If you as a client have any queries or questions that you might have, please let a member of Digispace Claremorris staff know and we will be happy to answer them in a timely fashion