Fishburners Desk Licensee Terms

This Agreement

    1. This agreement is between Fishburners Limited ABN 32 152 773 647(Fishburners) and the desk licensee(“You”) at the property known as 608 Harris St, Ultimo NSW (Premises).

    2. The whole of the Premises remains in Fishburners’ 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. Fishburners is giving you the right to share with Fishburners the use of the Premises on these terms and conditions, as supplemented by the Code of Conduct, so that Fishburners can provide the services to you.

  1. 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 Fishburners prior written consent.

  2. Services

    1. Fishburners 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. Fishburners will initially allocate a desk for your use. You will have a non-exclusive right to the desk allocated to you.

    3. You agree that you may be assigned to another desk at any time with one week’s notice by Fishburners via email.

    4. Fishburners is to provide during normal opening hours the services.

    5. Fishburners does not make any representations as to the security of Fishburners 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. Fishburners cannot guarantee that a particular degree of availability will be attained in connection with your use of Fishburners network or internet. Your sole and exclusive remedy shall be the remedy of such failure by Fishburners within a reasonable time after written notice.

  3. Compliance

    1. You agree to comply with any Code of Conduct which Fishburners imposes generally on users of the Premises, the Code of Conduct may change at anytime by Fishburners and without any notice to you.

    2. The Code of Conduct will be displayed http://fishburners.org/desk-conduct/. 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 Fishburners or by others, cause any nuisance or annoyance, increase the insurance premiums Fishburners has to pay, or cause loss or damage to Fishburners (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 3.5 are a material inducement in Fishburners’ execution of this agreement, and

      2. any violation by you of clause 3.5 will constitute a material default by you under this agreement, entitling Fishburners to terminate this agreement, without further notice or procedure.

  4. Term

    1. This agreement lasts for the period as agreed between you and Fishburners 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 Fishburners 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.

  5. Licence Fees

    1. You agree to pay the desk licence fees at least one full month in advance each month.

    2. You agree to make yourself familiar with the latest fees and reservation process that will be posted on the internal wiki.

    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. Fishburners 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.

  6. Employee Engagement

    1. At any time during your licence term, and for a period of 6 months after your licence term ends, you must not approach any person, who is an employee of or contractor to Fishburners, for the purpose of persuading that person to terminate his or her employment or contract, or otherwise in any way solicit, employ or contract such persons.
    2. You may employ a person who was previously an employee of or contractor to Fishburners if that person ceased employment with Fishburners more than 6 months before commencing employment with you.
    3. A person who was previously an employee of or contractor to Fishburners may not commence employment with you if less than 6 months has elapsed since that person ceased employment with Fishburners, unless:
      1. you pay Fishburners compensation for its reasonable expenses in recruiting and training a new employee and all other expenses that may be incurred by Fishburners in relation to the employee leaving Fishburners; and
      2. Fishburners provides its written consent prior to the person commencing employment with you (which it maywithhold in its absolute discretion).
  7. Termination

    1. To the maximum extent permitted by applicable law, Fishburners 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 or to reimburse you for any licence fees paid in advance if:

      1. you become insolvent, bankrupt, go into liquidation or become unable to pay your 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 Fishburners 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.

      4. you breach your obligations under clause 6.
    2. In the event that Fishburners 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. Fishburners 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 Fishburners may dispose of it at your cost in any way Fishburners chooses without owning you any responsibility for it or any proceeds of sale.

  8. Fishburners’ Liability

    1. You agree to indemnify and hold harmless Fishburners Limited from any and all liabilities arising out of your use of services under this agreement.

    2. To the maximum extent permitted by applicable law, Fishburners 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 Fishburners has acted deliberately or negligently in causing that loss or damage. Fishburners is not liable for any loss as a result of Fishburners’ failure to provide a service as a result of mechanical breakdown, strike, termination of Fishburners interest in the building containing the Premises or otherwise unless Fishburners does so deliberately or is negligent.

    3. In no event shall Fishburners be liable for any loss or damage until you provide Fishburners written notice and give Fishburners a reasonable time to put it right. If Fishburners 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, Fishburners will pay any actual and reasonable expenses that you have incurred in obtaining that service from an alternative source. If you believe Fishburners has failed to deliver a service consistent with these terms and conditions you shall provide Fishburners written notice of such failure and give Fishburners reasonable period to put it right.

    4. Fishburners 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 Fishburners otherwise agrees in writing. Fishburners strongly advises you to insure against all such potential loss, damage, expense or liability.

    5. In all cases, Fishburners’ 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 Fishburners’ consent, which Fishburners 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. Fishburners 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 Fishburners, as the email address for all correspondences.

    7. This agreement is interpreted and enforced in accordance with the law of the state of New South Wales. Fishburners and you accept the exclusive jurisdiction of the courts of New South Wales. If any provisions of these terms and conditions are held void or unenforceable under the applicable law, the other provisions shall remain in force.

Terms and conditions as at 01 October 2011.