Authorized Member – An individual designated to legally bind your organization to the Cospace membership agreement.
Main Coworking Area – The premises or area where the coworking office space is located.
Member/Party – Refers to “you”, the individual(s) being authorized to work within the Cospace office space, as per the scope of this Agreement.
Enterprise Member – Refers to organizations that require coworking desk space for 10 or more individuals.
You – Refers to an authorized member or company that has signed off the Cospace Membership Agreement.
Commitment Term – The duration for which the Agreement will remain in effect.
Premises – This refers to any area of the Cospace building or ‘premises’ where coworking space may be offered in future.
Start Date – The date on which your membership formally begins.
Cospace, “us” or “we” – This refers to any service-oriented project of Cospace. You are contracting a membership agreement with Cospace and we may use the name “Cospace” to describe the nature and/or name of any such project, which may also be subject to changes from time to time.
Agreement Term Acceptance
We reserve the right to update the TOU at any time as we deem appropriate. We will attempt to contact you in order to notify you of all such updates – within 30 days of their enactment – via the contact information you provide in the Membership Agreement form.
Cospace offers access to working desk space, internet access, knowledgebase, and other services which we may offer from time to time. These services, including any future services, are subject to the “TOU”.
Unlawful/Prohibited Use of Services
- When agreeing to take advantage of the services rendered by Cospace, you also agree that those services will not be used for any purpose which are unlawful or prohibited as per the scope of this Agreement, or otherwise go directly against the Terms and Conditions and any Notices issued.
- Furthermore, you may not use the services in a way that may damage, disable, overwhelm or impair a Cospace server or any networks connected to a Cospace server, or interfere with any other party’s use of such services.
- You are prohibited from making attempts to gain unauthorized access to any services, accounts, computer systems or networks connected to any of the Cospace servers – through hacking, password mining or any other means whatsoever.
- You may not obtain or attempt to gain access to any materials or information not made available on the Cospace servers.
- You hereby warrant that you have read, understood and abide by all the Terms and Conditions of this TOU, and that no further authorization is required. You also warrant that by using these services made available to you, the participation of which will not conflict with or lead to any breach in license, contract, agreement or other instrument/obligation to which you belong as an individual, party or enterprise member.
You also agree that as long as you use the services provided to you by Cospace, you will not:
- Use those services in connection with any contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through the Cospace services offered to you at any point in time;
- Restrict or inhibit any other user from using and enjoying the services according to the scope of the Cospace Membership Agreement;
- Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Create a false identity for the purpose of misleading others or to commit fraud of any kind.
General Terms and Conditions
- You are required to comply with all the laws, rules and regulations set out by Cospace for using the designated coworking area for the allotted term. In addition, you must comply with all government legislation, rules and regulations which revolve around coworking in Karachi as well as any laws, rules, and/or legislation set out by the Cospace management in future (all of which may be communicated to you from time to time).
- You must strictly follow all rules and regulations outlined by the Cospace and Homework management, which may change from time to time. Failure to comply with these rules and regulations will result in cancellation of your contractual agreement and desk space with immediate effect.
- You cannot under any circumstances use Cospace’s postal address for any purposes other than the one permitted in the Membership Agreement; these include registering your business or providing the address for banking purposes or any other purpose whatsoever. However, the Cospace postal address may be used as a mail forwarding address only as “[YOUR NAME] & [Cospace]”.
- You cannot register a landline number on this address using your name or your registered business/organizational name.
- Your security deposit for cancelling the workspace, without any liability owed to Cospace, will be refunded in full, if and as approved by the Cospace management.
- Cospace will process security deposit refunds within 30-60 days after you have vacated the shared desk space, and also after all clearances and approvals have taken place.
- Cospace shall not be held accountable for any liabilities owed to you by any third party.
- Cospace reserves the right to cancel this Agreement without any prior notice, and any notice served on behalf of Cospace to you shall be deemed appropriate and sufficient.
- The use of Cospace is restricted to the use of desk space only. You must seek prior approval from the management to use any other office areas other than your own allotted desk space.
- The desk space is only allocated to you after your approval from the management. It is not transferable to any other individual within or outside your business/company/organization. Additionally, you cannot allow or ‘designate’ anyone else to use your desk space in your absence or on your behalf.
- You cannot seize, suspend or carry forward the use of your desk space to any other time, other than the one specified in your Membership Agreement. Should you decide to terminate the contract, the money paid for the allotted time duration shall be non-refundable.
- Desk space access is given from 9 a.m. to 9 p.m., Monday to Saturday. The management reserves the right to change/alter these timings without any prior notice.
- You are not allowed to bring any equipment or items (work-related or personal) to the Cospace work area without prior approval from the management.
- You must take prior approval from Cospace before inviting any guests, visitors, clients or employees to the Cospace premises. However, if you would like to invite any of the above, their names along with CNIC copies, purpose of visit and arrival timings should be relayed to the management in writing, either via email or written note signed off by you, and approved by the Cospace management, at least 24 hours in advance. The management reserves the right to cancel access at any time or disapprove the visit.
- You will be provided unique identification cards by Cospace or Homework.pk, which must be worn within the premises at all times.
- No reserved parking area is allocated to Cospace members. Please park outside the building at your own risk.
- Cospace is a quiet work area where serious individuals get to work. We observe a strict ‘no noise’ policy. Please make sure all calls are received in the waiting area or as directed by the management. Even though Cospace may be a very interesting place to build your business contacts and network, where you can creatively work with people to hatch new ideas and collaborate strategically, it is also a place where people are hard at work. Furthermore, if you do not wish to communicate with anyone during your work for the sake of better focus, place a “do not disturb” sign next to your work desk area to let others know that you are unavailable for a conversation.
- Cospace does not take responsibility for any lost or stolen items within the premises. As a Cospace shared desk user, it is solely your responsibility to look after your personal belongings.
- All days off, public & religious holidays or any other days outside of these or during any unforeseen circumstances are liable to change as announced by the management must be followed. Cospace reserves the right to allow / cancel or change access during these days or any other ‘off’ days and religious as well as public holidays.
- Ramadan coworking timings will be announced by the management at-least 3 days before the month of Ramadan begins. Access to your coworking space will be limited to 6 hours each day during this month.
- While availing the services offered by Cospace, you shall be responsible for any damage done to Cospace property, in which case compensation may be deducted from your security deposit and you may be charged extra, should the security deposit amount prove to be insufficient to cover losses.
- You are strictly required to keep your working desk space and area neat, clean and tidy at all times. When cleaning up your work area, make it a regular goal and habit to leave your work space as if no one was there. Therefore, organizing things in an orderly fashion, wiping surfaces if you had snacks and other small measures can add up and make a very major and positive difference, at the end of the day.
- If you are the last one leaving, as a show of professional courtesy and good faith, please be kind enough to turn off all the lights, air conditioners or anything else that may not be needed.
- We would strongly suggest that you stick to using only your own allotted space, even if you see unoccupied space around you. When people use shared office space, they typically have permission to use certain areas only. Please respect this policy and do not use any space that you are not authorized to use. This ensures that other co-workers have access to their shared desks when they need them, and in the long run, it builds mutual respect among all the Cospace co-workers.
- In case of any disciplinary action that may be taken due to non-compliance with the terms of the Agreement, Cospace shall cancel the contract with immediate effect and also cancel access to the Cospace working area and adjoining areas indefinitely.
Additional Terms and Conditions
In order to help you utilize all the benefits, features and functionalities offered by Cospace, we may need to install a specialized software on your PC, laptop, tablet or other mobile device. Furthermore, from time to time and at your request, we or one of our affiliates and/or service providers may aid in troubleshooting issues you may have while trying to access certain features and functionalities, which may include, but not limited to, accessing the internet or printing documents.
Regarding the above, you agree that neither we nor our affiliates and/or service providers are responsible for:
- Any damage to your PC, laptop, tablet or other mobile device, in relation to the technical support provided or downloading of the specialized software
- Any liability and/or warranty if the result of such actions lead to the manufacturer’s warranty on your device being void
- Providing written or verbal warranty in regards to the success of any such technical support offered or the specialized software installed
According to what’s permitted by law, you – on your behalf as well as the behalf of other organizational members, guests, invites, agents, employees, etc. – waive off any claims and rights against Cospace and its respective landlords at the office premises, as well as all our affiliates, parent companies and successors, including all of their employees, officers, agents, assignees and directors (collectively, the “Cospace Parties”) that may result from destruction, damage, theft or loss if any property, individual or pet.
- The aggregate financial liability of any of Cospace’s Parties to you or your organizational members, agents, guests, invitees and employees for any reason whatsoever and for all causes of action, shall not exceed the monthly fee for membership paid by you as per the Membership Agreement during the 01 month prior to the claim being made.
- None of our Parties shall be liable with respect to any cause of action for any incidental, indirect, consequential or punitive damages, which includes business interruption or profit loss.
- You acknowledge and agree that you will not proceed with any legal action against any of our Parties, whether in contract, tort, or otherwise – with the only exception being that the legal proceeding is commenced within 06 months of the accrual of the cause of action.
- You hereby indemnify Cospace Parties against all claims, expenses and liabilities, which includes appropriate attorney’s fees, resulting from a breach of the Membership Agreement by you or your organizational members, or your guests and invitees, as well as pets or, by any action/omissions of yours or theirs.
- You are solely responsible for any damages caused either due to deliberate or non-deliberate actions of the pets or guests that you or your organizational members invite to enter any part of Cospace’s premises.
- You shall not claim any settlement which requires admission by us or a materially adverse act on our part. Neither shall you impose any obligation whatsoever on any of the Cospace Parties, unless we provide written consent.
- If the office space designated to you as the work area allows pets, and if you or any one of your organizational members plan on regularly bringing a pet, either to the designated work area or the premises in general, we might require you or your member to show us proof of vaccination in a form that we may find satisfactory.
- All pets are to remain within the Cospace premises, unless accompanied by one of your organizational members. Should any of your members bring a pet into the Cospace premises, only you shall bear responsibility for injury or damage caused by the pet to: other organizational members, your guests and invitees, the property of Cospace, or any of its members, guests and employees.
- None of Cospace’s Parties shall be held responsible for any injury to pets. The management also reserves the right to disallow you, or any/all of your organizational members from bringing pets into the office premises, at their sole discretion.
We neither control nor bear responsibility for any actions of other members in the coworking area or any third parties that may be affiliated with them. Should a dispute arise between any of the Cospace workers, their respective organizational members, including their guests and invitees, we bear no responsibility whatsoever, including any participation, mediation or indemnification to resolve all such disputes.
Arbitration & Class Action Waiver
This Membership Agreement along with the transactions contemplated herewith are subject to governance and interpretation under Pakistani laws. In the event of any differences that may arise regarding services offered by Cospace or fees due which may not be resolved through mutual agreement, both parties, i.e. Cospace and the paying member, agree to intervention by local courts who will have sole jurisdiction over resolving any dispute or differences arising as a result of the Agreement.
Dispute Handling and Venue
- In case of any dispute or difference from either party, both are at liberty to give the other a notice in writing of all such differences or dispute, exclusively highlighting the nature and extent of the differences/dispute in question. At this point, both parties shall expeditiously proceed in good faith so that the differences may be resolved amicably through formal consultation.
- Should the parties be unable to resolve differences this way within 15 days, the differences and/or dispute shall be settled through arbitration where both parties shall mutually appoint an arbitrator, or; if required, the designated Court shall appoint one.
- The arbitration venue shall be Karachi, wherein the language for communication during the proceedings shall be English. Both parties agree to bear their arbitration costs individually.
Legal Proceedings and Judgement
- All legal proceedings shall remain 100% confidential, while judgement on the outcome to follow shall be final and deemed acceptable by both parties. The judgement may be entered in any Pakistani court within Karachi.
- In case any action is taken or proceedings that follow to enforce the rights exercised under this Membership Agreement, the prevailing party is entitled to recovering (in addition to any relief awarded) their reasonable attorney’s charges and other charges, as well as all expenses and costs associated with the action and/or proceedings; any appeal for the review; collection of any further awards or enforcement of a legal order – as and when determined by the court or attributor(s).
Class Action Waiver
- Any proceedings which require resolution or litigation in regards to a dispute within any forum shall be conducted on an individual basis only. Neither Cospace nor its active members shall seek to have any dispute overseen as a class action, or take part in a proceeding where either party attempts or proposes to act as a representative. Furthermore, multiple proceedings shall not take place without the written consent of all parties that may be affected by such proceedings.
- You, the member, and Cospace both agree not to take part in any claims registered through a private attorney general or someone with representative powers, or take part in any consolidated claims that involve another individual’s personal account, if Cospace is a party to the proceeding.
- You agree that you surrender your right to take part as a class representative or member in any class claim that you may have against us. This includes the right to take part in class arbitration or any individual arbitrary consolidation.
Agreement Nature & Party Relationships
- Your Agreement with Cospace is the commercial equivalent of an agreement signed between a hotel and paying guest. The entire Cospace office premises is to remain our property, and in our control and possession only. We are offering you shared office space in order that you may avail the coworking space services we provide.
- Notwithstanding anything in this Membership Agreement to the above, you and we mutually agree that our relationship is not to be confused with that of a lessor-lessee or landlord-tenant. This Agreement in no way shall be used to grant you or your organizational members any entitlement or rights to a share of our business, or any assets and items within our office space.
- This Agreement also does not aim to create any real estate, leasehold estate or tenancy interest whatsoever. Both parties, i.e. registered members and Cospace, shall be seen as ‘independent contractors’ in order to fulfil their obligation and duties under the Agreement. Furthermore, the Agreement cannot be used for the purposes of forming an agency relationship, joint venture or partnership, or for that matter, any other purpose other than what is defined as permissible and legal in the Agreement. Both parties agree not to misrepresent this relationship in any way.
We may update the Agreement from time to time, in which case you will be notified via email. You are expected to comply with the updated terms within a month after which the email notification has been sent. We do not bear any responsibility for members not checking their email on a regular basis and/or not acknowledging receipt of the updated Terms and Conditions of the Agreement. Continued use of coworking office space beyond the 30-day period constitutes acceptance of the terms on your part.
Neither party, through any act or omission, shall waive any rights or remedies, unless such a waiver is presented in writing and signed off by the waiving party.
Cospace cannot be held responsible for or termed ‘in breach of contract’ in regards to any delay and/or failure to play its part in the Agreement as a direct result of circumstances that are beyond its reasonable control. This may include, without limitation:
- Delays and/or changes in the construction or procurement of the work space, and;
- Delays and/or failure to perform or offer services as per the Agreement as a result of specific conditions brought about by Cospace’s landlord
Every provision of the Agreement is to be considered ‘separable’. If any provision within this Agreement is prohibited, then it shall be amended in a minimal way so that the Agreement can remain effective under the current and applicable law.
Every provision within this Agreement which will likely not undergo termination or expiration will remain as-is.
All notices in regards to this Agreement shall be sent via email and will go into effect on the first business day, once they have been sent to the recipient. Notices will be emailed to the email address mentioned in the Membership details form.
With the only exception being in case of a corporate reorganization, acquisition, merger or sale of all or partial assets of your company or your parent company – you are prohibited from transferring or assigning any or all of your rights/obligations under the Agreement – unless we give prior consent. However, we may not require your prior consent before assigning this Agreement.
You hereby warrant that you, including all your organizational members, are not and will not at any point during the course of the Agreement, be listed on the (Exit Control List). Furthermore, you, including your organizational members, will also not engage in any activity in connection with the Agreement that violates Pakistani laws or causes Cospace to inadvertently violate Pakistani laws.
Scope of Entire Agreement
This entire Agreement, including the Membership Details, constitutes the sum total of the agreement between both parties. It shall not be changed or altered in any way, except in writing executed by each party, or as deemed permissible according to the Agreement.
All prior agreements between both parties regarding every matter explained herein shall merge with the current Agreement.
- In the event that Cospace must take any disciplinary action against you, it reserves the right to cancel the Agreement with immediate effect, which includes barring access to the coworking area indefinitely.
- Cospace also reserves the right to cancel any service at any point in time, as well as the right to terminate your participation and any services you may be using, which will go into effect immediately – should you fail to comply with any of the TOU or Terms and Conditions explained in the Agreement.
- After termination or this Agreement, we may or may not return any Service Retainer balance to you. However, after expiration of the Agreement, the full balance of your Service Retainer will be returned to you.
- Prior to termination or expiration of the Agreement, you, your organizational members and guests, are required to remove all your respective property from the Cospace premises. After we have given you reasonable notice, we shall remove and/or dispose of any property left behind by you, your organizational members or guests.
- You shall waive any claims/demands to taking possession of such property in case of failure to respond to the reasonable notice given to you, and you shall also be responsible for paying charges incurred as a result of disposing such property.
- Following termination or completion of the Agreement, Cospace shall not hold or forward any of your mails and/or packages delivered to us via courier, neither shall we receive them as such.