Terms of Service

Code of Conduct

  1. You must not live or permit anyone to live in the Premises;
  2. You must not conduct any auction, fire or bankruptcy sale on the Premises;
  3. You must not bring anything or do anything that may increase insurance premiums for the Premises;
  4. You must not interfere with any drains, water supply, gas, electrical plumbing or any other services contained in the Premises or the toilets;
  5. You must not bring upon any explosive or flammable or corrosive fluids or chemicals onto the Premises;
  6. You must not erect or place any equipment that is likely to provide a noise level which may be seen as unreasonable by other licensees in the Premises or occupiers of adjourning premises;
  7. You must not do anything upon the Premises that may be offensive or be a nuisance to any person in or near the building;
  8. You must not accumulate or allow any accumulation of useless rubbish or property on the Premises;
  9. You must not put up any partitions or alterations or make any alterations or additions to the Premises without first obtaining our written consent;
  10. You must not use trolleys or vehicles which may cause injury to floors in the building and the Premises;
  11. You must not install or connect any electrical equipment, including heaters, hot water systems, computers, air-conditioners, telephones, electronic surveillance equipment and communication equipment on the Premises that may overload the cables, switchboards or sub-board;
  12. You must ensure that the floors and walls and pillars are not broken or strained by overloading of floors;
  13. You must not obstruct or prevent the use by others of any of the common areas including not placing any goods for a long period of time in common areas and loading docks;
  14. You must use the toilets and conveniences on the Premises only for the purpose they were built for;
  15. You must inform us of any accidents or defects in the water pipes, electrical wiring or any of the fittings;
  16. You must keep and maintain in good and substantial working order all personal machinery, plants, equipments and furnishings;
  17. You must ensure that all the doors and windows on the Premises are locked and fastened when the Premises are not being used;
  18. You must comply with all by-laws, rules and regulations which the owners corporation or the owner of the building may make from time to time especially in relation to the common areas; and
  19. You must comply with any insurance, sprinkler and fire alarm regulations.
  20. Any breach of these terms constitutes cause to end your licence term and remove access to the premises.
  21. You agree that from time to time your desk may be used for events. You will be emailed in advance of the dates and nature of these events. All due care will be made to protect your property from damage or theft but you are ultimately responsible for any such loss or damage.
  22. You agree that your network activity may be monitored from time to time to improve performance. All due care will be taken to ensure personal communications are not interfered with.
  23. You agree that The Factory Floor may re-assign you to another desk at any time with one week notice.
  24. You agree not to sleep in the office. Brief naps (less than an hour) outside of office hours are acceptable.

Conditions of entry

1. This Agreement

  1. This agreement is between Cobart Pty Ltd ABN 68 161 120 314 (The Factory Floor) and the desk licensee (“You”) at the property known as 91 - 93 Macquarie Street, Hobart (Premises).
  2. The whole of the Premises remains in The Factory Floor’s possession and control at all times.
  3. You accept that this agreement creates no tenancy interest, leasehold estate or other real property interest in your favour with respect to the Premises.
  4. The Factory Floor is giving you the right to share with The Factory Floor the use of the Premises on these terms and conditions, as supplemented by the Code of Conduct, so that The Factory Floor can provide the services to you.

2. Purpose

  1. The Premises are to be used solely for office purposes only.
  2. You may use the Premises address as your business address. Any other uses are prohibited without The Factory Floor prior written consent.

3. Service

  1. The Factory Floor is to provide the number of desks for which you have agreed to pay for the use at the Premises as stated in this agreement.
  2. As a full-time member, The Factory Floor will initially allocate a desk for your use. You will have a non-exclusive right to the desk allocated to you.
  3. As a full-time member, you agree that you may be assigned to another desk at any time with one week’s notice by The Factory Floor via email.
  4. As a non-full-time member, The Factory Floor with allocate a desk for your use at the beginning of each visit to The Factory Floor.
  5. The Factory Floor is to provide during normal opening hours the services.
  6. The Factory Floor does not make any representations as to the security of The Factory Floor network or the internet or of any information that the client places on it. You should adopt whatever security measures (e.g. encryption) you believe is appropriate to your circumstances. The Factory Floor cannot guarantee that a particular degree of availability will be attained in connection with your use of The Factory Floor network or internet. Your sole and exclusive remedy shall be the remedy of such failure by The Factory Floor within a reasonable time after written notice.

4. Compliance

  1. You agree to comply with any Code of Conduct which The Factory Floor imposes generally on users of the Premises, the Code of Conduct may change at anytime by The Factory Floor and without any notice to you.
  2. The Code of Conduct will be displayed http:/factoryfloor.io/terms/. You agree to check the Code of Conduct regularly.
  3. You must comply with all by-laws, rules and regulations which the owners corporation or the owner of the building may make from time to time especially in relation to the common areas.
  4. You must comply with any insurance, sprinkler and fire alarm regulations.
  5. You must comply with all relevant laws and regulations in the conduct of your business. You must do nothing illegal in connection with your use of the Premises. You must not do anything that may interfere with the use of the Premises by The Factory Floor or by others, cause any nuisance or annoyance, increase the insurance premiums The Factory Floor has to pay, or cause loss or damage to The Factory Floor (including damage to reputation) or the owner of any interest in the Premises which you are using.

6. You acknowledge that:

  1. The terms of clause 4.5 are a material inducement in The Factory Floor’s execution of this agreement, and
  2. any violation by you of clause 4.5 will constitute a material default by you under this agreement, entitling The Factory Floor to terminate this agreement, without further notice or procedure.

5. Term

  1. This agreement lasts for the period as agreed between you and The Factory Floor at the time of commencement.
  2. You agree that you are not automatically entitled to a desk after the period for which you have licensed the desks and you understand that renewal terms and any extensions are at the discretion of The Factory Floor Limited.
  3. You understand that if you do not continue to licence a desk on the premises, your access to the premises and shared resources will be revoked. These include but are not limited to swipe card/key, access to shared live skype or other shared internet forums, and access to meeting room bookings.

6. License Fees

  1. You agree to pay the desk licence fees at least one full month in advance eachmonth.
  2. You agree to make yourself familiar with the latest fees and reservation processthat will be posted on the website.
  3. If you pay licensee fees and don’t take up the desk reserved for you, you understand that will not be entitled to a refund on these fees.
  4. You must pay your invoice by the due date as specified in the invoice. The invoice will be delivered by email.
  5. If you do not pay fees when due, a fee will be charged on all overdue balances. If you dispute any part of an invoice then you must pay the amount not in dispute by the due date or be subject to late fees. The Factory Floor reserves the right to withhold services (including for the avoidance of doubt, denying you access to the Premises) while there are any outstanding fees and/or interest or you are in breach of this agreement.

7. Termination

1. To the maximum extent permitted by applicable law, The Factory Floor may put an end to this agreement immediately by giving you notice to end your licence term and remove access to the Premises and without need to follow any additional procedure if:

  1. You become insolvent, bankrupt, go into liquidation or become unable to payyour debts as they fall do, or
  2. you are in breach of one of your obligations under this agreement which cannot be put right or The Factory Floor has given you notice to put right and which you have failed to put right within 14 days of that notice, or
  3. your conduct, or that of someone at the Premises with your permission or invitation, is incompatible with ordinary office use.

2. In the event that The Factory Floor is permanently unable to provide the services at the Premises stated in this agreement then this agreement will end and you will only have to pay monthly fees up to the date it ends and for any additional services you have used.

3. When this agreement ends you are to vacate the Premises immediately, leaving the place in the same condition as it was when you took it. The Factory Floor reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. If you leave any property in the Premises The Factory Floor may dispose of it at your cost in any way The Factory Floor chooses without owing you any responsibility for it or any proceeds of sale.

8. The Factory Floor’s Liability

  1. You agree to indemnify and hold harmless The Factory Floor from any and all liabilities arising out of your use of services under this agreement.
  2. To the maximum extent permitted by applicable law, The Factory Floor is not liable to you in respect of any loss or damage you suffer in connection with this agreement, with the services or with the use of the Premises unless The Factory Floor has acted deliberately or negligently in causing that loss or damage. The Factory Floor is not liable for any loss as a result of The Factory Floor’s failure to provide a service as a result of mechanical breakdown, strike, termination of The Factory Floor interest in the building containing the Premises or otherwise unless The Factory Floor does so deliberately or is negligent.
  3. In no event shall The Factory Floor be liable for any loss or damage until you provide The Factory Floor written notice and give The Factory Floor a reasonable time to put it right. If The Factory Floor is liable for failing to provide you with any service under this agreement then subject to the exclusions and limits set out under this clause, The Factory Floor will pay any actual and reasonable expenses that you have incurred in obtaining that service from an alternative source. If you believe The Factory Floor has failed to deliver a service consistent with these terms and conditions you shall provide The Factory Floor written notice of such failure and give The Factory Floor reasonable period to put it right.
  4. The Factory Floor 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 Factory Floor otherwise agrees in writing. The Factory Floor strongly advises you to insure against all such potential loss, damage, expense or liability.
  5. In all cases, The Factory Floor’s liability is limited to the total fees paid by you for the use of the services.

9. Miscellaneous

  1. You must not alter any part of the setup of the Premises and must take good care of all parts of the Premises, its equipment, fixtures, fittings and furnishings which you use. You are liable for any damage caused you or those of the Premises with your permission or at your invitation whether express or implied, including but not limited to all employees, contractors, agents or other persons present on the Premises.
  2. You must not install any cabling, IT or telecom connections without The Factory Floor’s consent, which The Factory Floor may refuse at its absolute discretion.
  3. You agree that from time to time your desk may be used for events. You will be emailed in advance of the dates and nature of these events. All due care will be made to protect your property from damage or theft but you are ultimately responsible for any such loss or damage.
  4. You agree to bind any guest you bring to the premises to these terms. You agree to accompany them at all times while they are on the premises.
  5. You agree that you are solely responsible for the security of your property on the premises. It is your responsibility to arrange insurance for your own property which you bring to the Premises and for your own liability to your employees and to third parties. The Factory Floor strongly recommends that you put such insurance in place.
  6. All formal notices must be in writing to the email address first registered and agreed with The Factory Floor, as the email address for all correspondences.
  7. This agreement is interpreted and enforced in accordance with the law of the state of Tasmania. The Factory Floor and you accept the exclusive jurisdiction of the courts of Tasmania. If any provisions of these terms and conditions are held void or unenforceable under the applicable law, the other provisions shall remain in force.