TERMS AND CONDITIONS OF SUBSCRIPTION
These Terms and Conditions apply to your membership of Avalanche Workspace, a range of services provided by Avalanche Designs Limited (‘ADL’). ‘Member’ and ‘Members’ refer to you and to other Avalanche Workspace Members. ADL ‘Services’ and ‘Service’ refer to the range of services including provision of temporary workspaces, internet facilities and ancillary services, or any one or some combination of them, offered by ADL and as are set out and described in these terms and conditions.
The Avalanche Workspace objectives are to provide flexible, shared office or working environment for individuals or small teams seeking a temporary venue in a congenial, professional business environment. Nothing in these terms and conditions confers any security of tenure or other right of exclusive possession or rights of occupation on a Member.
Avalanche Workspace membership entitles you to be issued with a Avalanche Workspace membership card. Access to most Avalanche Workspace areas is gained by the membership card. Wi Fi is activated by use of the membership card and the card must be returned to Avalanche at the expiration of member’s subscription.
Avalanche Workspace membership entitles you to use the areas within the Avalanche Workspace centre which have been specially designated for Members (‘Avalanche Workspace areas’).
B. Nature of this Agreement and relationship of the parties
ADL is by these terms and conditions granting anyone who becomes a Member and who abides by these terms and conditions of Membership the right to use the temporary, flexible office space provided at Avalanche Workspace locations for lawful purposes. The purpose of the agreement comprised in these terms and conditions is the provision by ADL of the Services to Members.
The whole of the office space occupied and used by Avalanche Workspace Members remains the property of ADL and remains in ADL’s possession and control. Nothing in these terms and conditions shall create as between ADL and any Member, or any Members, or any other person or entity (whether corporate or otherwise), the relationship of landlord-tenant or lessor-lessee. Nothing in these terms and conditions shall create or confer upon any Member or Members or any other person any security of tenure, any tenancy, any leasehold estate, or any other legal or beneficial real property interest. Nothing in these terms and conditions shall grant or be construed so as to grant to any Member, or any Members, or any other person, any title, easement, lien, right of possession or related rights in the business and undertaking of ADL, or in Avalanche Workspace, or in or related to the premises or office space used or occupied in the course of providing the Services.
Avalanche Workspace membership entitles you to use Avalanche Workspace areas between the hours of 8.00 am and 5.00 pm (opening hours) on any working day but opening hours may vary from location to location. Use of the designated Avalanche Workspace areas is subject to the terms of your membership package (including any terms as to reasonable use) and will be charged for on a monthly basis.D. Internet and refreshments
8 .Avalanche Workspace membership entitles you to the use of free internet access and refreshments facilities where they are available. Such facilities are available only during the opening hours of the Avalanche Workspace location. Any use of free facilities must be fair and reasonable. ADL requires Members to comply at all times with the relevant provisions of the Cybercrime Act (Prohibition Act) 2015, Advance Fee Fraud Act and other relevant Legislations when using the Avalanche Workspace free internet connection.
ADL provides internet access through its third-party service provider. To provide these services, ADL needs to share information including Members’ personal data such as name, email addresses and contact numbers with the third-party service provider. You acknowledge and consent to ADL sharing your personal data with the Workspace third-party service provider of internet access and service desk support solely for the provision of these services to you.
In the event that ADL experiences any issues with the provision of internet service (whether temporary suspension or otherwise) ADL will not accept any liability or be held responsible for any loss or damage whatsoever which may be occasioned to a Member as a result of the occurrence of such issues. This limitation and exclusion of liability and responsibility shall apply however such loss or damage may arise, whether directly or indirectly and the Member waives any right to make any claim whatsoever against ADL or any of the Workspace Group companies arising out of or in connection with of any such loss or damage.
E. Copying, printing and document scanning
Depending on your subscription plan, Avalanche Workspace membership entitles you to use copying, printing and document scanning facilities (“services”) at any of the Avalanche Workspace locations where such facilities are offered. The volume of use of services will be as prescribed by the management from time to time. Should the requirement for any of the services exceed management prescription, then payments must be made per service until subscription is renewed. Services unexhausted during the period of subscription will not be refunded neither can they be carried to the next Month.
In the event that ADL experiences any issues with the provision of the copying, printing and document scanning facilities (whether temporary suspension or otherwise) ADL will not accept any liability or be held responsible for any loss or damage whatsoever which may be occasioned to a Member as a result of the occurrence of such issues. This limitation and exclusion of liability and responsibility shall apply however such loss or damage may arise whether directly or indirectly and the Member expressly waives any right to make any claim whatsoever against ADL or any of the Workspace Group companies arising out of or in connection with of any such loss or damage.
F. Locker Service
Avalanche Workspace membership entitles you to the use of a locker (‘the Locker Service’) at those Avalanche Workspace locations where such facilities are offered and subject to availability. All Locker Service charges are payable in advance for an initial period of not less than one calendar month.
Unless otherwise terminated by ADL, the Locker Service will be terminated upon a Member giving notice to ADL. The Locker Service charges may be prescribed from time to time by the Management. In the event that a Member fails to remove property from the locker at the end of any Service period or allows Service charges to fall into arrears then ADL shall have the right to remove and dispose of any such property. ADL shall be under no obligation to notify a Member of any such removal and disposal and shall incur no liability to any Member or any other person for any loss or damage (however it may arise) which the Member or any other person may sustain as a result of such removal or disposal and the Member expressly waives any right to make any claim whatsoever arising out of or in connection with any such disposal whether for the value of the property disposed of or otherwise. Property removed from a locker in such circumstances will be stored and available for collection for a period of not less than ten working days after which period it will be disposed of.
Lockers are available to named individual members only and are not offered for corporate use. Lockers are not provided as a long term storage facility. Padlocks will be provided free of charge by ADL and only ADL padlocks may be used on lockers. Members will incur a charge for any replacement padlocks. Padlocks must be returned at the end of any Locker Service period and if not returned will incur a charge. Lockers must remain locked at all times apart from those occasions when property is being deposited or removed. ADL accepts no liability whatsoever for the safety or security or for the loss of (including by theft) or damage to any property stored in any locker. Members accept that when using such facilities their goods are stored at entirely their own risk and it shall be Members’ responsibility to insure against the risk of loss, theft or damage to their property. Lockers must be used in a manner consistent with the Avalanche Workspace objectives set out in these terms and conditions and ADL reserves the right to open (including by force) any locker and to inspect and/or remove the contents of any locker if or when it suspects it is being used in contravention of the same and shall have the right to draw the contents of any locker to the attention of any relevant authority should it deem it appropriate to do so.
G. Your Desk Membership
Dedicated Desks for a Member’s use only are available at certain Avalanche Workspace locations (‘the Your Desk Service’). Details of the Avalanche Workspace locations where the Your Desk Service is available may be found on the Website/Brochure. Your Desk may be booked by a Member at any one location where this Service is offered and is subject to availability. Your Desk Service charges are payable one calendar month in advance. The Your Desk Service charge is made for periods of not less than one calendar month. Any such dedicated desk will be for the exclusive use of the Avalanche Member who has booked it and will consist of a lockable desk or a pedestal.
In the event that a Member fails to remove property from the dedicated desk at the end of any “Your Desk Service period” or allows Your Desk Service charges to fall into arrears then ADL shall have the right to remove and dispose of any such property. ADL shall be under no obligation to notify a Member of any such removal and disposal and shall incur no liability to any Member for any loss or damage (however it may arise) which the Member may sustain as a result of such removal or disposal and the Member expressly waives any right to make any claim whatsoever arising out of or in connection with any such disposal whether for the value of the property disposed of or otherwise. Property removed from a dedicated desk will be stored and available for collection for a period of not less than ten working days after which period it will be disposed of.
In the event that the information supplied by a Member in an application form is discovered at any time to be inaccurate or incomplete or if the results of any background check are unsatisfactory for any reason then ADL will either: refuse to grant the application and refund any monies taken from the Member in relation to the same or immediately terminate the membership and refund any unused proportion of the Service fees or charges.
H. Limitation and exclusion of liability
ADL accepts no responsibility for any loss of or damage to Members’ property (or that of their visitors) while they are using the Avalanche Workspace areas or any of the Services offered at any of the Avalanche Workspace locations. Members will be entirely responsible for ensuring their property is safe and secure at all times whether stored in lockers, desks or otherwise and Members shall be entirely responsible for insuring the same. The limitation and exclusion of liability provided in this clause shall be in addition to and shall be read with and form part of the limitations and exclusions of liability set out elsewhere and these terms and conditions.
I. Availability and Conduct
Availability of Avalanche Workspace areas is subject to sufficient space being free to accommodate those Members wishing to have access at any one time. Avalanche Workspace will provide Your Desks and Team Rooms subject to availability. ADL has the right to determine appropriate capacity levels so as to ensure all Members receive an optimum experience of their use of the Avalanche Workspace areas. Access is always subject to sufficient space being available and to ensuring compatibility with the Avalanche Workspace objectives. Members may invite a reasonable number of other persons onto the premises (‘Members’ Visitors’).
Members’ Visitors may only access Avalanche Workspace areas when accompanied by a Member.
Avalanche Workspace membership requires that Members will be responsible for ensuring their own behaviour and that of their Members’ Visitors is at all times appropriate to the shared business environment of Avalanche Workspace areas and is in accordance with the Avalanche Workspace objectives set out in these terms and conditions. Membership and access are at ADL’s discretion and will be reviewed if ADL concludes a Member’s or Members’ Visitors’ use of Avalanche Workspace areas and facilities is or may be inconsistent with the Avalanche Workspace objectives and these terms and conditions.
J. Minimum membership periods and termination
Avalanche Workspace membership on joining will be for a minimum initial period of one calendar month (‘the Initial Period’). After the Initial Period Members’ Avalanche Workspace membership will be renewed automatically and will continue to be renewed each calendar month afterwards unless the Member terminates their Avalanche Workspace Membership or if ADL terminates their membership. Members who do not have an online account must terminate their membership by giving notice to the Avalanche Workspace email address: firstname.lastname@example.org
Subject to any Service eligibility criteria provided elsewhere in these terms and conditions Members may terminate their membership at any time. Unless a different minimum term has been agreed in writing with the Member, the notice period shall be one calendar month from the date of any notice being received by ADL.
K. Payment and terms of membership
Avalanche Workspace membership charges are payable in advance by transfer or bank deposit on Avalanche’s Bank Account No: GTBank 0451130841; Avalanche Designs Limited. Current membership charges may be found on the Website/Brochure in the dedicated Avalanche Workspace section under ‘Membership Packages’ or as may be communicated. Failure to pay or late payment of membership charges or other charges may result in ADL terminating membership. ADL reserves the right to take appropriate steps to recover arrears.
Payment for any other Service(s) provided to Members will be in advance by transfer or by bank transfer as advised at the point of ordering or booking the Service(s).
ADL is not obliged to refund any amounts for a period when membership is unused except if ADL elects to terminate a Member’s membership for any reason or if there has been payment in advance for a Service which is withdrawn prior to use by a Member.
Membership cards will be replaced if lost or stolen. There will be a charge for all replacements. If a Member’s membership is terminated or if it expires, the Member must return the Membership card to ADL which at all times retains ownership all Membership cards.
Avalanche Workspace membership may not be transferred or assigned.
L. Alterations to these terms and conditions
ADL may at any time alter these terms and conditions and the packages of Services offered and may also alter the level of membership charges and Service charges applicable to Avalanche Workspace membership and the Services. Prior notice to Members of any such alterations will be provided to the Member not less than 14 days before any such alterations, including alterations to membership charges, come into effect.By agreeing to these terms and conditions and by continuing to use the Services or any of them, Members accept that it is their obligation to check the Avalanche Website for alterations and agree to be bound by them.
M. Data Protection
ADL collects and processes Members’ personal data to tailor our range of Services to meet the needs of individual customers and to undertake administrative activities in relation to the Services. We will share relevant personal data with the Workspace third-party service provider of internet access and service desk support to facilitate your use of our Services. We will only use your personal information for marketing if you have provided us with specific consent by opt-in to receive marketing from us or from our preferred third-party suppliers.
N. Liability for Criminal Activity
Avalanche, ADL and its partners and associates shall not be responsible for any criminal activity carried out by any Member or Member’s guest in the Workspace. Furthermore, ADL reserves the right to terminate the membership of any Member who it reasonably suspects of using the Workspace for fraudulent, illegal or malicious activity. Culpable Members shall be solely responsible for any criminal activity by them within the Workspace or its premises
O. Technical Support
These terms and conditions (“Agreement”) are the legal terms and conditions on which Provider (“Provider”) provides IT services as defined further below (the “Services”) to you (the “Client”). This Agreement governs your use of the Services and will apply to any provision of any Services by Provider to you.
Unlimited dedicated internet services for customers relating to access and connectivity requirements.
Client acknowledges and agrees:
that the Client shall pay no fee in respect of the Services provided by Provider; and
that the essential purpose of this Agreement is to limit the liability of Provider in respect of the provision of Services, and that the charging of fees would be required if Provider were to assume any further liability other than as set forth herein.
Provider shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or revenue, loss or inaccuracy of data, equipment downtime, business interruption or any indirect, incidental, punitive, exemplary, special or consequential loss or damages however arising under or in connection with this Agreement or the Services; and
Provider’s total liability to the Client in respect of all other losses arising under or in connection with this Agreement and the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed One Thousand Naira only.
THE SERVICES ARE BEING PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY AND NON INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
I CONSENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN.