General Agreement
CEO dewSprout Pvt Ltd
1. Furnished Office Accommodation:
We are to provide the number of serviced and fully furnished accommodations for which you have agreed to pay in the business centre stated in your Agreement (also referred to in this Agreement as “Accommodation(s)”). Your Agreement lists the accommodations we have initially allocated for your use. Occasionally, we may need to allocate different accommodations, but these will be of equivalent size and we will attempt to obtain your approval with respect to such different accommodations in advance.
2. Office Services:
We are to provide the services described in the Business Services Order, the dewSpace Workstation and, if requested, the Business Services offer, and the dewSpace IT Connectivity Order during normal operating hours Monday to Saturday. (Connectivity is available 24/7).We are happy to discuss special arrangements for use of these services outside our normal operating hours. All services are subject to the availability of our centre team at the time of any service request. We will endeavour to deal with a service request at the earliest opportunity, but will not be held responsible for any delay. If in our opinion, we decide that a request for any particular Business Service is excessive, we reserve the right to charge an additional fee at our usual published rates based on the time taken to complete the service.
3. dewSpace:
You must comply with any copyright notices, license terms or other notices appearing on screen or as part of any material on the Internet or our network. You must not copy, use or exploit such software or other material in any way, unless we have explicitly given you permission to do so. You must strictly comply with the terms of any permission that we give. We do not make any representations as to the security of our network (or the Internet) or of any information that you place on it. You should adopt whatever security measures (such as encryption) you believe are appropriate to your circumstances. We cannot guarantee that a particular degree of availability will be attained in connection with your use of the services. You hereby warrant to us that our provision of these services to you will not infringe the rights of any third party. We warrant that the services shall be provided and performed in a professional and workmanlike manner and shall conform to the description of the services set out in the offers for “dewSpace Connectivity Services” and in the dewSpace IT connectivity Order. If we fail to provide the services as warranted, your sole and exclusive remedy shall be the remedy of such failure by us within a reasonable time after written notice. The above warranty is in lieu of all other terms, conditions and warranties, whether express or implied by usage, custom, statute or otherwise, appertaining to the services and manner in which we perform our obligations and exercise our rights including, but without prejudice to the generality of the foregoing, such as relate to the description, performance, quality, suitability or fitness for any particular purposes
4. Comply with the Law:
You must comply with all relevant laws and regulations in the conduct of your business. You must do nothing illegal. You must not do anything that may interfere with the use of the business centre by us or by others, because any nuisance or annoyance, increase the insurance premiums we have to pay or cause loss or damage to us or to the owner of any interest in the building which contains the business centre. You acknowledge that (a) the terms of the foregoing sentence are a material inducement to us for the execution of your Agreement and (b) any violation by you of the foregoing sentence shall constitute a material default by you here under, entitling us to terminate your Agreement. All cyber securities laws within India must be followed.
5. Comply With House Rules:
You must comply with any house rules which we impose generally on users of the business centre whether for reasons of health and safety, fire precautions or otherwise.
6. Insurance:
It is your responsibility to arrange insurance for your own property which you bring into the business centre and for your own liability to your employees and to third parties.
7. The Nature of Your Agreement:
Your Agreement is the commercial equivalent of an Agreement for accommodation in a hotel. The whole of the business centre remains our property and in our possession and control. You acknowledge that your Agreement creates no tenancy interest, leasehold estate or other real property interest in your favour with respect to the accommodation. We are giving you just the right to share with us the use of the business centre so that we can provide the services to you. The Agreement is personal to you and cannot be transferred to anyone else. We may transfer the benefit of your Agreement and our obligations under it at any time.
8. Duration:
Your Agreement lasts for the period stated in it and will then automatically be extended for successive periods equal to the current term but no less than 3 months until brought to an end by you or by us. All periods shall run to the last day of the month in which they would otherwise expire. The fees on any renewal will be the market price listed on the front of the service Agreement. In all other respects your Agreement will renew on the same terms and conditions.
9. Bringing Your Agreement to an End:
Either of us can terminate your Agreement at the end date stated in it, or at the end of any extension or renewal period, by giving at least 1 (one) months written notice to the other.
10. Ending Your Agreement Immediately:
We may put an end to your Agreement immediately by giving you notice if:
• You become insolvent, go into liquidation or become unable to pay your debts as they fall due,
• you are in breach of one of your obligations which cannot be put right or which we have given you notice to put right and which you have failed to put right within seven days of that notice, or
• Your conduct, or that of someone at the business centre with your permission or at your invitation, is incompatible with ordinary office use.
If we put an end to the Agreement for any of these reasons it does not put an end to any then outstanding obligations you may have and you must:
• pay for additional services you have used
• pay the standard fee for the remainder of the period for which your Agreement would have lasted had we not ended it, or (if longer) for a further period of three months, and
• indemnify us against all costs and losses we incur as a result of the termination.
11. Notice Period
General Notice period is one month for termination of services. Your seat allotted will be converted to flexi seat and will not be the same for the notice period.
*flexi seat – is not a fixed seat and you will be allotted whichever seat is available at the time during which you need to use the facility. There will not be any free 2hr meeting space available.
12. Rent Payment
You agree to make rent payment on or before 10th of every month or the date you have agreed upon with dewSpace. Failing which you will be put on notice period automatically.
13. CONDUCT
You acknowledges that the furniture, equipment, and amenities provided by Dewspace Coworking ("Dewspace") within the shared workspace are valuable assets and shall be used with care and responsibility.
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You agrees that your employees or students will use the furniture and equipment provided by Dewspace in a reasonable and proper manner, following any instructions or guidelines provided by Dewspace regarding their usage.
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Any damage caused to the furniture, equipment, or amenities of Dewspace due to the negligence, misuse, or intentional act of an employee or student working to studying under you shall be your responsibility.
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In the event of any damage caused to the furniture, equipment, or amenities of Dewspace, you agrees to promptly notify Dewspace and undertake all necessary steps to rectify or compensate for the damage.
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Compensation for damage shall be determined based on the actual cost of repair, replacement, or restoration of the affected item(s), as determined by Dewspace.
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Dewspace reserves the right to invoice you for the cost of repair, replacement, or restoration, and you agrees to make the payment within 4 days upon receipt of the invoice.
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You shall be liable for any damage caused to the furniture, equipment, or amenities of Dewspace by your employees or students, whether such damage occurs during regular working hours or outside of them, within the shared workspace premises.
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All damages will be compensated within 4 days after it is notified.
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Both dewSpace and you agree to promote a professional and respectful environment within the shared workspace premises.
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Employees or students under you utilizing the coworking space provided by Dewspace are expected to adhere to the highest standards of conduct and behavior.
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All individuals associated with the you shall conduct themselves in a manner that is considerate and respectful towards other members of the coworking space, including Dewspace staff and other coworking tenants.
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Harassment, discrimination, or any form of offensive behavior based on race, gender, religion, nationality, age, or any other protected characteristic will not be tolerated within the shared workspace environment.
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You shall take responsibility for the conduct and behavior of your employees or students while utilizing the Dewspace coworking facilities, ensuring that they are aware of and abide by the rules and regulations set forth by Dewspace.
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Dewspace reserves the right to address any violations of conduct promptly and appropriately, which may include issuing warnings, temporary or permanent suspension of access to the coworking space, or termination of the agreement, depending on the severity and recurrence of the misconduct.
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Both parties agree to promptly communicate any concerns regarding conduct or behavior within the shared workspace to the respective representatives of Dewspace and you, in order to facilitate resolution and maintain a harmonious working environment for all.
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Any disputes arising from violations of this conduct and behavior clause shall be resolved in accordance with the dispute resolution provisions as outlined in the overall agreement between you and dewSpace.
14. DISPUTE RESOLUTION
All disputes arising in connection with this Deed shall be resolved through arbitration. Both the Parties shall appoint one Arbitrator each, and the two Arbitrators, so appointed,
Shall jointly appoint the third Arbitrator. The arbitration shall be conducted in accordance with the previsions of the Arbitration and Conciliation Act, 1996, as amended from time, and the venue of arbitration shall be Ernakulam.