1. FACILITIES AND SERVICES
a) In consideration of the payment by the Member of the Plan Fee specified overleaf, Brainify Coworking (BC) permits the Member to use the Plan Inclusions and Services governed and defined by this Agreement from the Commencement Date until terminated in accordance with the provisions of this Agreement.
b) Definition: Brainify Coworking Space is either a shared lounge or shared office space in a collaborative work environment. Workspaces are available on a first-come, first-serve basis.
c) BC shall provide the Member with the subscribed Service Plans as per member subscribes/schedules.
d) Service Plans are subject to the following conditions:
I. Subscriptions are for designated users only, and are non-transferrable and cannot be shared by any third party.
II. Coworking Space usage is only limited to the subscribed/scheduled user.
III. Space/desk rent is subject to an automatic annual rate review of 25% increase from the initial start date indicated overleaf.
IV. Access to other BC is allowed only during operating hours for all relevantly subscribed plan users. Use of the coworking space outside of entitlements will be charged at adhoc rates stated in services price guide.
V. BC reserves the right to provide alternative facilities should any Coworking Space be not available, and the right to impose charges on the usage of non-subscribed services.
e) The following additional Business Services are available in accordance with BC’s published rates updated from time to time. It is clarified that these Services are available to all Members on an optional basis and may subject to additional charges during non-operating hours:
I Dedicated secretarial, accounting, errands or other business services
II Snack and beverage services
III Courier services
IV Photocopying and scanning
V Translations
VI Office supplies
VII Video conferencing
VIII Meeting and conference rooms
IX Other services (i.e Phone use)
f) BC is not accountable for car parking space and responsible for any vehicle parking. Members must have own responsibility to park out side of office premises.
g) BC has the full right to decline an application any time for rental without cause.
2. SIGN UP AND BILLING
a) All sign up for booking is pre-requisite of -schedule plan along with
- Copy of photo ID considered as National -Identity Card (NID) or valid passport.
- Passport with valid visa necessitate to the -foreign nationals to avail the BC booking plans.
b) For all Coworking Plans, BC reserves the right to require the client to submit the required the Documentation and reserves the right, at its absolute discretion to terminate the booking or plan if the Documentation is not received.
c) The Member irrevocably authorizes BC to deduct all amounts charged to the Member by BC on such credit card at any time during any billing period and subsequent renewal contract periods.
d) The authorization will remain in effect until the Member cancels in writing of any changes in the account information provided or termination of this authorization at least 72 hours prior to the scheduled date.
e) If a charge is declined or reversed by the credit card issuer or network, the Member agrees to pay BC a service charge of 25% if it is less than 72 hours and to reimburse BC for all reasonable costs of collection.
f) Members who select to pay by bank transfer shall for the duration of this Agreement pay by the due date of schedule on the Invoice the Plan Fee payable in advance and all Services billed in arrears. In respect of any partial period, a pro-rata adjustment shall be made.
g) Claim all costs including legal fees associated with recovering all monies owed to BC from the Member
h) The Member shall pay all sums due to BC under this Agreement without any deduction or set off.
i) The Member shall pay for all bank charges, exchange rate differences, currency adjustments and other such charges related to rental and services.
j) BC reserves the right to review and reject any online sign up at its sole discretion, under such rejection BC shall refund any monies paid in full.
k) Any amount payable by the Member under this Agreement will be exclusive of local taxes including, but not limited to goods and services tax.
3. TERMINATION
Termination of this Agreement will be subject to the following terms:
a) This agreement shall automatically roll over for successive periods equal to the first period unless either party gives written notice to terminate the agreement 24 hours prior to scheduled and end date of the current scheduled period.
b) The Member will be released from its obligations under this Agreement and allowed to terminate prior to the End Date of this Agreement subject to the Member paying BC the full Plan Fee for the unexpired term together with all other outstanding invoices and Penalties (if any). Upon settlement of these terms received by BC, any Deposit will then directly be refunded to the Member.
c) This Agreement may be terminated forthwith in the event of any breach of the obligations on the part of the Member. BC shall be entitled (but not obliged) to retain any personal effects or other belongings of the Member until all arrears owed to BC have been paid or other loss made good. In the event of non-payment within 14 days BC shall be entitled to dispose of any goods retained in settlement of any arrears and any cost of such disposal without prior notice or approval.
d) The Executive Office reserves the right to terminate this agreement if there is inappropriate activity or incident caused by the Member.
e) Upon termination of this Agreement, a cleaning fee will be charged per subscriber/workspace/plan to the Member to cover the routine cost of cleaning and repainting the accommodation to return it to its original condition in addition to general maintenance to the common areas of the Premise in which the Member have had access. This fee only applies to Dedicated Desk plan, Day Office (05 days).
4. REFUNDS
The Member shall have 14 days to dispute a charge from the invoice due date. BC will only provide a refund in the event that an incorrect amount has been charged to the client.
5. MEMBER’S RIGHTS AND RESPONSIBILITIES
The Member shall not:
a) Conduct himself/herself in an unprofessional and irresponsible manner or act in any way that may cause nuisance, annoyance or injury to the other Members/users of BC Offices.
b) Occupy space for commercial display, product display, storage, lodging, sleeping, or for immoral or illegal purposes.
c) BC is not responsible for any loss or damage of personal belongings. Unattended personal belongings might be removed by on-duty BC team members.
d) Impede or interfere with BC’s right of possession, control of the office and operations.
e) Use the Office otherwise than for the Member’s business and in any event shall not permit the Office, Plan Inclusions or Services provided, to be used for any illegal activity. BC shall have the right to proceed with legal action according to Bangladesh law.
f) Alter, install, remove nor damage any furniture, fixtures, decorative materials, office equipment, IT cabling and telecommunications tools from within BC’s Coworking Space, allocated desks, dedicated workspaces and common areas, in which the Members have had access. BC shall have the right to claim compensation from the Member for repairs, replacement, loss or damages.
g) Prohibited Use – Any use of services that are unlawful or otherwise detrimental to the operator, property, or community extends to both the physical and digital space, abuse of data and network, forbidding things like hacking, data theft, or anything else that damages, disables, or impairs anyone else’s use of the service or quiet enjoyment of it and not limited to carrying firearms, drugs, abuse and harassment.
h) For dedicated office room, member must not lose the door key (penalty applies) and upon scheduled closing day the member must return it to BC authority.
The Member shall:
i) Observe and adhere to all the rules and regulations updated from time to time made by BC for the management of the Office.
j) Agree that BC’s Coworking Space, allocated desks, dedicated workspaces and the building primases (building owner’s) are under 24-hour CCTV surveillance. BC will only provide CCTV footage based on the request of local law enforcer, complying to local enforcement law.
k) Be required to formally check in and check out of the Office upon both entry and departure.
l) Vacate the daily allocated office unit along with all personal belongings prior or at the end of every business day. These both applies to Office Members and employees.
m) Tenants must use the space for professional purposes:
- Respect for Shared Spaces and Amenities: Tenants are expected to treat common areas and amenities with respect.
- Noise Management: Guidelines for maintaining a quiet and productive environment.
- Meeting Room Etiquette: Best practices for using meeting rooms.
- Network and Data Security: Ensuring data privacy and security.
- Community Engagement: Encouraging networking and collaboration.
- Professional Conduct: Expectations for behavior within the coworking community.
- Sustainability: Promoting environmental responsibility
n) Respect shared areas, including kitchens, lounges, meeting rooms and washrooms.
o) Foster a collaborative atmosphere
6. OWNER’S RIGHTS AND RESPONSIBILITIES
BC shall:
a) Keep the facilities in the Office in working order and proper cleaned and equipped.
b) Have the ultimate right to remove the Member from the Office.
c) Provide the Member with an alternative desk/office room should BC require the Member to move during the term of subsequent terms of this Agreement.
d) Provide reception and switchboard services during normal opening hours, Monday to Friday (excluding official public holidays). Subject to BC’s discretion, which will be communicated to all members well in advance.
e) Reserve the right to allocate a full business day of coworking usage to the Member’s account should the Member not check in or check out of the Office when BC has reasonable belief that the Member accessed the premises. BC Team will openly communicate this with the Member before any final allocation is made.
7. GENERAL
a) This Agreement is personal and is not assignable.
b) All notices must be in writing or email and not limited to other digital services.
c) The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other provision. No waiver of any default of the Member shall be implied from any failure by BC to take action with respect to such default.
d) Where the Member comprises more than one individual, such individuals shall be jointly and severally liable to observe and perform the Member’s obligations under this Agreement.
e) This Agreement supersedes any prior agreements and embodies the entire Agreement between the Member and BC and may not be modified, changed or altered in any way except as agreed by both parties in writing. This Agreement shall be interpreted and enforced in accordance with the national and local laws in which the Office is located.
f) Membership is non-transferrable to other parties or individuals, without the express permission of The Executive Office.