TERMS AND CONDITIONS
1 TERMS & CONDITIONS
1.1 DEFINITIONS
1.1.1 “Agreement” means, collectively, these Terms & Conditions (the “Terms and Conditions”), the Office Code of Conduct (“Code of Conduct”), and any other attachments, exhibits, and/or supplements hereto,
1.1.2 “Associates” means all guests, invitees, agents, customers, third parties, and/or visitors of or associated with Member(s).
1.1.3 “Capacity” means the maximum number of Memberships allotted to your Office Space as determined by Primary Member and approved by MCS-Community upon Primary Member’s completion of Member List.
1.1.4 “Commitment Term” means the period of time from the Start Date to the last day of the Termination Effective Month as defined in Section 5.4.
1.1.5 “Member” means each person you authorize to receive the Services (defined below) (each Member granted a “Membership”).
1.1.6 “Member Company” or “you” means the company, entity, or individual entering into this Agreement.
1.1.7 “Office Space” means the actual office, workstation or workspace or Meeting Space including any Individual Office Number(s) as applicable, assigned to you by MCS-Community.
1.1.8 “Premises” means a building or portion of a building in which MCS-Community offers including without limitation Office Space and/or other services to Members.
1.1.9 “Primary Member” means the primary in-Premises Member contact for Company.
1.1.10 “Start Date” means the date that Membership to the MCS-Community will commence.
1.1.11 “MCS-Community,” “MyCorpSpace” “we” “our” or “us” means MyCorpSpace, Inc., the entity whom you are contracting with.
1.1.12 “Vendor” “Building” means the entity whom you are using the space from and whom MyCorpSpace has contracted with on your behalf.
1.1.13 “Affiliate” means the company that is engaged to bring in new customers and be paid a commission payment for such services
1.1.14 “MCS App” “MCS Platform” means the software that we used for billing, organizing and operating all aspects of the MCS business model.
2 THE BENEFITS OF MEMBERSHIP
2.1 Services. Subject to the terms and conditions as set forth herein, and any other policies we make available to you provided we give prior notice of the same, MCS-Community will use commercially reasonable efforts to provide you (and your Members, as applicable) the services described below, collectively (“Services”)
2.1.1 Non-exclusive access to and use of the Office Space.
2.1.2 Regular maintenance of the Office Space.
2.1.3 Furnishings for the Office Space of the quality and in the quantity typically provided to other member companies with similar office space, workstations, and/or other workspace, as applicable, in the Premises.
2.1.4 Access to and use of the shared Internet connection in accordance with the terms as set forth herein.
2.1.5 Use of the printers, copiers and/or scanners available to our members and member companies, in accordance with the terms described herein.
2.1.6 Use of the conference rooms in the MCS-Community Premises that is scheduled using the MCS App.
2.1.7 Heat and air-conditioning in the Office Space during Regular Business Hours.
2.1.8 Electricity for reasonably acceptable office use as determined by MCS-Community.
2.1.9 Use of kitchens and related appliances, as made available by MCS-Community to our members and member companies.
2.1.10 Acceptance of mail and deliveries on behalf of your business during Regular Business Hours
2.1.11 Opportunity to participate in members-only events, benefits and promotions as applicable
2.2 Our Reserved Rights. As a condition of your non-exclusive access to and use of the Office Space, we are entitled to access your Office Space, with or without notice, for any purpose in our sole discretion. We reserve the right to alter or relocate your Office Space, provided that we will not do so in a manner that substantially decreases the square footage of your assigned Office Space or related amenities. We may also modify, temporarily remove, or permanently reduce the list of Services or furnishings provided for your Office Space at any time. The Services may be provided by us, an affiliate or a third party.
3 YOUR MEMBERS (For Enterprise Plans Only)
3.1 Member List. Enterprise Plan Members are responsible for maintaining the accuracy of your list of Members (your “Member List”), and promptly notifying MCS-Community of the same. Only those individuals included on the Member List will be deemed to be “Members” and entitled to receive the Services described in this Agreement. To the extent permitted by law, all of your Members shall be required to provide valid government issued identification in order to receive access to the Office Space. If the number of Members or other individuals regularly using your Office Space exceeds those Members named on the Member List, you will be required to pay additional fees as determined by MCS-Community. We reserve the right to limit the number of Members allowed at any point.
3.2 Replacement of Primary Member. A Primary Member will generally serve as MCS-Community’s primary contact regarding matters that involve your Members, the physical Office Space or the Premises. We will be entitled to rely on communications to the Primary Member as notice to or from the applicable Member Company. If the individual designated as the Primary Member ceases to comply with the obligations to the Member Company as set forth herein to the Member Company or ceases using the Office Space regularly, we will use our reasonable judgment in designating a replacement Primary Member.
4 MEMBERSHIP FEES; PAYMENTS
4.1 Payments Due Upon Signing. Upon signing up for a membership plan, you will be obligated to deliver to us, in the amount(s) set forth herein (i) the Sign Up Fee, and (ii) your Membership Fee.
4.2 Membership Fee.
4.2.1 During the Term (defined below) of this Agreement, your Membership Fee will be due monthly on the anniversary date of every given month of your membership. You are obligated to make payment of all Membership Fees owed throughout the Commitment Term and this obligation is absolute notwithstanding any early termination of the Agreement by you (“Membership Fee Obligations”). You agree to pay promptly: (i) all sales, use, excise, value added, and any other taxes which you are required to pay to any other governmental authority (and, at our request, will provide to us evidence of such payment) and (ii) all sales, use, excise, value added and any other taxes attributable to your Membership as shown on your invoice. The Membership Fee set forth herein, covers the Services for only the number of Members specified in this Agreement. Additional Members will result in additional fees as determined by MCS-Community.
4.2.2 Change of Membership Fees (including during any Commitment Term) the Membership Fee will be subject to a potential increase over the then current Membership Fee. Following any Commitment Term, we reserve the right to further increase or decrease the Membership Fee at our sole discretion upon thirty (30) days’ prior notice to you in advance of and in accordance with the Termination Notice Period described below in Section 5.
4.3 Invoices; Financial Information. MCS-Community will send or otherwise provide invoices and other billing-related documents, information and notices to the Primary Member. Change of the Billing Contact will require notice from the Authorized Signatory in accordance with this Agreement.
4.4 Form of Payment. We accept credit card and ACH Bank Transfer through the MCS App. Credit Card payment methods will result in a service charge based on the credit card used. There is no charge for paying through ACH.
4.5 No Refunds. Except as otherwise provided herein, there are no refunds of any fees or other amounts paid by you or your Members in connection with the Services.
5 TERM AND TERMINATION
5.1 Term. This Agreement will be effective when paid by you and have accepted during the payment process the Terms of the Agreement (“Effective Date”); provided that we have no obligations to provide you with the Services until the later of (i) the date on which payment of your Service Retainer, and first month’s Membership Fee has been received by us. This Agreement will continue until terminated in accordance with this Agreement.
5.2 Termination by You. You may terminate this Agreement by according to the terms of your particular membership plan as follows;
- Enterprise Plan Subscription Cancellations can be cancelled at anytime by logging into Member Company account and going to the applicable subscription. MCS will use the date you request cancellation to begin the Member Company 30 day notice period. The Member Company subscription will remain active until the next renewal date after the notice period ends.
- By way of Example: if your subscription renews on the seventh of every month and you provide cancelation notice on the 15th of January than you will still be responsible for the 7th of February renewal payment and your subscription will end on the 7th of March.
- Startup and Professional Plan Subscriptions can canceled at anytime by logging into Member Company account and going to the applicable subscription. The Member Company subscription will remain active until the next renewal date.
- By way of Example: if your subscription renews on the seventh of every month and you provide cancelation notice on the 15th of January then your subscription will end on the 7th of February.
5.3 Termination After the Start Date by Us. MCS can may immediately terminate this Agreement: (a) for any reason at which such time we will return any money that may be due based on the date of cancellation or (b) upon breach of this Agreement by you or any Member; at which point you will remain liable for past due amounts and we may exercise our rights to collect such payments due despite termination of this Agreement. Upon any such breach, MCS-Community, in its sole discretion, may apply Member’s Service Retainer as set forth in this Agreement to any outstanding amounts owed by Member, in addition to any damage to the Premises caused by you and/or any Member of your Member List, including without limitation any Associates of Member, for damage above normal wear and tear.
5.4 Return of Service Retainer Fee. Upon termination of Membership, If applicable, Service Retainer Fee will be returned to Member on behalf of Company in full, provided there were no deductions for damages to the Premises, late fees, additional member fees and/or any other charges incurred pursuant to the terms as set forth herein or incorporated by reference.
6 INDEMNITY AND CLAIMS:
6.1 Waiver of Claims. To the maximum extent permitted under law, Member, on its own behalf and on behalf of its Associates, waives any and all claims and rights against MCS Community, its subsidiaries and affiliates, and each of its and principals, associates, assignees, managers, directors, officers, employees, agents, successors, and assigns resulting from injury or damage to, or destruction, theft, or loss of, tangible or intangible property. MCS-Community and such related parties shall not be liable for damages, liabilities, or expenses of any kind resulting from such matters regardless of whether such damages, liabilities, or expenses result from any active or passive act, error, omission or negligence of MCS-Community or any such related parties. Member acknowledges and agrees that Member shall be responsible to maintain appropriate insurance providing coverage for Member’s property as provided in this Agreement.
6.2 Disclaimer of Warranties. MCS-COMMUNITY MAKES NO WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS, OR SECURITY OF ANY SERVICES PROVIDED BY OR ON BEHALF OF MCS-COMMUNITY OR THAT ANY SUCH SERVICES WILL BE UNINTERRUPTED OR OPERATE ERROR FREE. THE PREMISES AND ANY SERVICES PROVIDED BY OR ON BEHALF OF MCS-COMMUNITY ARE PROVIDED “AS IS,” “WHERE AS,” AND “WITH ALL FAULTS.”
6.3 Limitation of Liability. THE AGGREGATE MONETARY LIABILITY OF MCS-COMMUNITY, MCS- COMMUNITY’S SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR PAST, PRESENT, AND FUTURE PRINCIPALS, ASSOCIATES, ASSIGNEES, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS AND ITS INVITEES FOR ANY REASON AND FOR ANY AND ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES THAT MEMBER HAS PAID MCS-COMMUNITY UNDER THIS AGREEMENT DURING THE TWO-MONTH PERIOD BEFORE THE CAUSE OF ACTION ACCRUED. MCS-COMMUNITY, MCS-COMMUNITY’S SUBSIDIARIES AND AFFILIATES, AND EACH OF ITS AND THEIR PAST, PRESENT, AND FUTURE PRINCIPALS, ASSOCIATES, ASSIGNEES, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE UNDER ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS INTERRUPTION, EVEN IF MCS-COMMUNITY OR SUCH RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MCS-COMMUNITY’S PRICE FOR THE DESK(S) AND SERVICES CONTEMPLATED BY THIS AGREEMENT AND MCS-COMMUNITY OBLIGATIONS UNDER THIS AGREEMENT ARE CONSIDERATION FOR LIMITING MCS-COMMUNITY AND SUCH RELATED PARTIES’ LIABILITY HEREUNDER. THE LIMITATIONS, DISCLAIMERS, AND EXCLUSIONS SET FORTH IN THIS PARAGRAPH SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
6.4 Limitation of Actions and Suits. MEMBER (AND ITS ASSOCIATES) MAY NOT COMMENCE ANY ACTION, SUIT, OR PROCEEDING AGAINST MCS-COMMUNITY, MCS-COMMUNITY SUBSIDIARIES OR AFFILIATES, OR ANY OF ITS OR THEIR PAST, PRESENT, OR FUTURE PRINCIPALS, ASSOCIATES, ASSIGNEES, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, UNLESS THE ACTION, SUIT, OR PROCEEDING IS COMMENCED WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES.
6.5 Indemnification. Member will defend and indemnify MCS-Community, MyCorpSpace-Community’s subsidiaries and affiliates, and each of its principals, associates, assignees, managers, directors, officers, employees, agents, successors, and assigns for, from, and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, whether known or unknown, including, but not limited to, reasonable attorney’s fees, resulting from or arising out of any breach by Member or its Associates of this Agreement, or the negligent actions, errors, or omissions, willful misconduct, and/or fraud of Member or Members Associates or related to the nature of Member’s business. If any such claim, action, or proceeding is brought against Perry Space-Community, MyCorpSpace-Community’s subsidiaries and affiliates, or any of its or their past, present, and future principals, associates, assignees, managers, directors, officers, employees, agents, successors, or assigns, Member, upon written notice from MCS-Community, will, at Member’s expense, resist or defend such action or proceeding by counsel approved by MCS-Community in writing, such approval not to be unreasonably withheld. You are responsible for the actions of and all damages caused by all persons that you, your Associates or their guests invite to enter the Premises.
6.6 Member Property. At no time shall MCS-Community be responsible for maintaining or safeguarding the property of Member, its Associates or invited guests. As set forth below, Member is solely responsible for insuring such property.
6.7 Insurance. Member acknowledges and agrees that no portion of their membership fee will be credited towards insurance for Member. Member, at its sole expense, shall maintain at all times during the term of this Membership, personal property insurance, workers compensation insurance to the extent that Member maintains employees working on or having access to the Premises as well as commercial general liability insurance covering Member for property damage, injury to Member or its Associates, business interruption, prevention of or denial of use of or access to, all or part of the Premises, personal injury, and any other type of insurance as required by the state of New York as well as any insurance that may cover any foreseeable problems which may arise due to the Member’s use or its Associates’ use of the Membership and/or Premises all in form and amount appropriate to Member’s business and acceptable to MCS-Community. MCS-Community shall be named as an additional insured on any such policies of insurance. Member shall provide proof of insurance upon MCS-Community’s request within three days of an existing and valid policy, which meets these requirements. MCS-Community and the landlord of the Premises shall not be liable in any manner. Member represents that MCS-Community has informed Member that insurance must be maintained at all times. MCS-Community shall retain the right to purchase required insurance on the behalf of the Member at the Member’s expense, including management fees. MCS-Community is not responsible for carrying insurance on behalf of Member or its Associates and has no responsibility and shall not be liable in any manner.
7 MISCELLANEOUS:
7.1 Pets. Neither Members nor its Associates are allowed to bring pets to the Premises.
7.2 Other Members and Their Associates. We do not control and are not responsible for the actions of other Members and their Associates. If a dispute arises between Members or their Associates, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
7.3 Nature of the Agreement. Notwithstanding anything in this Agreement to the contrary, you agree that our relationship is not that of landlord-tenant, lessor-lessee or licensor-licensee and this Agreement in no way shall be construed to grant you or any Associate any title, easement, lien, possession or related rights in our business, the Premises or anything contained in the Premises. This Agreement creates no tenancy interest, leasehold estate, or other real property interest.
7.4 Updates to the Agreement. We may from time to time update this Agreement and will provide notice to you of these updates. You will be deemed to have accepted the new terms of the Agreement following the completion of one (1) full calendar month after the date of notice of the update(s). Continued use of the Desk(s) or Services beyond this time will constitute acceptance of the new terms.
7.5 Governing Law. This Agreement is governed by the laws of the State of New York without regard to its choice of law principles.
7.6 Waiver of Trial by Jury. THE PARTIES HEREBY IRREVOCABLY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL REGARDING ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT.
7.7 Waiver. Neither party shall be deemed by any act or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and then only to the extent specifically set forth in writing.
7.8 Separable Provisions. Each provision of this Agreement shall be considered separable. To the extent that any provision of this Agreement is prohibited, this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under applicable law.
7.9 Brokers. Unless otherwise provided in an addendum to this Agreement, the parties hereto warrant and represent to each other that they have not dealt with any broker or finder in connection with this Agreement. Each party agrees to indemnify and hold harmless the other party from any damage or loss that party may suffer as a result of any violation or breach of this representation and warranty. The foregoing shall survive the consummation of the transactions contemplated in this Agreement.
7.10 No Assignment. You may not transfer or otherwise assign any of your rights or obligations under this Agreement without the prior consent of MCS-Community.
7.11 Guest Responsibility. Member is responsible for the actions of all persons that Member allows or invites to enter the Premises, including, but not limited to, its Associates, agents, assigns or invitees. Member acknowledges and confirms that at no time will its Associates, its agents, assigns, and invitees allow a party unknown to them to enter the Premises and that such action shall result in the immediate termination of this Agreement.
7.12 Responsibility for Damages. Member acknowledges that MCS-Community and its employees, agents, successors, and/or assigns shall not be responsible or liable for any damages suffered by Member, its Associates or any other third party in connection with promotions, events, offers, referrals, Services, or collaborations which may occur and/or which may be facilitated by MCS-Community or any third party.
7.13 Network and Shared Devices. Member acknowledges and agrees that in order to access and/or use MCS-Community’s network and to use MCS-Community’s printers and other shared devices, Member must install drivers and software to be provided by MCS-Community to Member. Member agrees that MCS-Community shall not be held liable for any damage resulting to the computer systems, hardware, software, files, and business of Member, its Associates due to use and/or installation of said software and/or drivers, irrespective of negligence on the part of MCS-Community or a third-party vendor or agent of MCS-Community. Member shall release MCS-Community from any claim of or liability to Member or its agents, assigns, employees, affiliates, invitees or customers arising from and in conjunction with the use of said software and/or drivers and shall have access and use of said software and/or drivers as valuable consideration for said release.
7.14 Rules and Regulations. All Members and its Associates, shall abide by the terms of this Agreement, all House Rules (attached hereto) as may from time to time be adopted by MCS-Community and made available to Member and its Associates, in using and conducting business in and around the Premises and any other rules or code of conduct that MCS-Community may provide to Member and its Associates from time to time.
7.15 Confidentiality. All terms and conditions of the Membership (including, without limitation, pricing related information) as well as any other MCS-Community information disclosed to Member or its Associates but not generally known to the public, will be deemed Confidential Information, except as otherwise provided herein or unless required to be disclosed by law or an official authority. Member and its Associates agree to hold all Confidential Information in strict confidence and to take all reasonable precautions to protect such Confidential Information (including, without limitation, all precautions Member and its Associates employ with respect to its most confidential materials). Member acknowledges that any disclosure or unauthorized use of Confidential Information will constitute a material breach of this Membership and cause substantial harm to MCS-Community for which damages would not be a fully adequate remedy.
7.16 Non-Disparagement. Member shall not be involved in any conduct or activity that may reasonably be anticipated to harm MCS-Community (or any affiliate or principal thereof) or their respective names or reputation, nor shall Member make any statements that are disparaging to or about MCS-Community (or any affiliate or principal thereof), either during or after the Term of this Agreement.
7.17 Counterparts and Electronic Signature. This Agreement may be executed in any number of counterparts by either handwritten or electronic signature, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement, and each of which counterparts may be delivered by emailing the other party to this Agreement signed scanned document or electronically signed portable document format (pdf) version of the contract (as applicable). Each party agrees to the execution of this Agreement in this manner, and the parties acknowledge that execution in this manner creates a binding contract between the parties on the Effective Date.
8 HOUSE RULES
8.1 You agree that:
8.1.1 You will provide a copy of two governmental identifications to MCS-Community of all Members for security purposes;
8.1.2 You shall promptly notify us of any change to your contact and payment information;
8.1.3 We will provide notice to you and/or the Primary Member of any changes to services, fees, or other updates to the email addresses provided by you. It is Your responsibility to read such emails.
8.1.4 carts, dollies, and other freight items which may be made available may not be used in the passenger elevator. There are no exceptions.
8.1.5 For security reasons, we may record via video certain areas in the Premises at our discretion although we are under no obligation to do so;
8.1.6 We may disclose information about you or the Members as necessary to satisfy any applicable law, regulation, legal process government request or reasonable inquiry;
8.1.7 Members will abide by other rules and regulations as determined by us which are communicated to you by email. We may add, delete or amend the rules and regulations at our reasonable discretion and with notice to you.
8.1.8 You acknowledge that the Desk(s) has a limited capacity.
8.1.9 Common spaces are to be enjoyed for temporary use and not as a place for continuous, everyday work.
8.1.10 Members will conduct itself with full regard for the rights, convenience, and welfare of all other Members in the Office Space.
8.2 No Member will:
8.2.1 Perform any activity that is reasonably likely to be disruptive or dangerous to other Members, MCS-Community their guests, or their property and the Premises;
8.2.2 Use the Services to conduct pursue or permit anything to be done in or about the Premises in that in any ways conflicts with any law, statute, ordinance, code, rule, regulation, requirement, license, permit, certificate, judgment, decree, order or direction of any governmental or quasi-governmental authority, agency, department, board, panel or court, collectively (“Laws”).
8.2.3 Use the Services to conduct any activity that is generally regarded as offensive;
8.2.4 Make any alterations, additions, or improvements to the Premises without the prior written consent of MCS-Community in each instance including without limitation affixing any items to the walls, install antennas, or telecommunication lines or devices in the Desk(s) or bring additional furniture into the Desk(s);
8.2.5 Misrepresent himself or herself to the MCS-Community or create a false identity, which may mislead others;
8.2.6 Take or copy information belonging to other members or their guests or to gain unauthorized access to servers or any content of any other person at the Premises;
8.2.7 Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
8.2.8 Download/upload any files that you know, or reasonably should know, cannot be legally produced, displayed, performed, and/or distributed in such manner. You shall refrain from using any file sharing application that will disrupt the local network;
8.2.9 Download/upload any files which should reasonably have been known to contain a virus, worm, time bomb, candlebot or corrupted file that may damage or disrupt the local network or others;
8.2.10 Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messaging commercial or otherwise;
8.2.11 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
8.2.12 Use the name “MCS-Community” or use pictures or illustrations of the Premises in any advertising, publicity or other purpose, without our prior written consent;
8.2.13 Use the Premises in a “retail,” “medical,” or other nature involving frequent visits by members of the public
8.2.14 At no point sleep, nap, and/or rest on the Premises, nor shall Members cause or permit its Affiliates to do the same;
8.2.15 Make any copies of any keys or other means of entry to the Premises or lend, share or transfer any keys or keycards to any third party;
8.2.16 Allow any non-Members to enter the building without registering such guest(s) according to our policies;
8.2.17 Be permitted to use the Premises or permit them to be used in any manner that results in waste of the Premises or constitutes a nuisance;
8.2.18 Have direct access to or contact the landlord of the Premises.
Code of Conduct
POLICY BRIEF & PURPOSE:
Our member code of conduct policy refers to MyCorpSpace Inc., (“Company”) expectations regarding its members’ (“Member(s)”) behavior towards colleagues and business conduct in the space (including the outdoor areas).
Members are obliged to behave in a respectful manner towards their colleagues, other Members, guest of Members’, and any individual who enters the space. Members must refrain from any kind of discriminatory, harassing, or victimization behavior both physical and verbal. Violations of said behavioral protocols are grounds for immediate termination of membership.
Although we promote freedom of expression and open communication practices, Members are still obliged to follow this Code of Conduct at all times. It is essential to avoid any offensive behavior, serious disputes, and disruptions in the workplace. It is also important to be well organized, respectful and to contribute to the collaborative environment.
PROTECTION OF COMPANY PROPERTY:
Members should treat Company’s property, whether material or intangible, with respect and care.
Company equipment must not be misused, used frivolously, nor taken out of the space without prior approval from Company.
COLLABORATION:
Members are expected to maintain a climate of friendliness and harmony and endeavor not to disrupt the workplace in the execution of their work. It is important to respect others’ work and efforts.
MYCORPSPACE & FRIENDS:
Just as you are careful not to disclose confidential information about Company and Members, it is equally important not to disclose any confidential information about our partners and friends. At times there will be high profile individuals in the space and it is essential that you respect their privacy and allow them to work undisturbed.
INTELLECTUAL PROPERTY:
All content and activities done within the confines of this space or pertaining to activities done by a member outside of this space that fall under the definition of Intellectual Property. Intellectual property hereinafter “IP” is defined as any content whether or not patentable and whether or not copyrightable, which enables a person to earn recognition or financial benefit from anything that they invent or create. No Member is allowed to share any IP with any party without written allowance from the IP holder. If written allowance is granted the IP Holder inventory assumes all risks resulting from the sharing of their IP. Violations of said IP protocols are grounds for immediate termination of membership.
CONFIDENTIAL INFORMATION:
Members, any visitors and/or associates thereof shall not, directly or indirectly, at any time for any reason whatsoever, make any use of, exploit, disclose, or divulge to any other person, firm or corporation, any information including, but not limited to, proprietary information, trade secrets, business secrets, documents, practices, process procedures, know-how, data, sales information, marketing information, marketing method, marketing means, software information, intellectual property, special arrangement, or any other information concerning the business or intellectual property of or concerning Company, collectively (“Confidential Information”) whether or not copyrightable, and whether or not patentable which Member, visitor, and/or any Associate has learned as a result of, in connection with or through their affiliation, engagement with Company and/or access to the Office Space.
NOISE CONTROL:
Members are expected to be respectful of the fact that this is a shared space for all Members and that a level of noise control is required to maximize the efficiency of Members. DO NOT TURN ON THE RADIO, USE LOUD SPEAKERS, OR PLAY MUSIC WITHOUT HEADSETS/HEADPHONES without allowance from the Company. If you need to make a phone call, be sure to monitor your volume so as to not be disruptive to other Members and MCS-Community or take a walk outdoors. During group or team work, remember to keep noise to a respectful level because other people are using the same space for individual work. Use headphones to play music instead of blaring it from speakers. Everyone understands that some level of background noise is acceptable in coworking spaces, but be reasonable about the amount of noise you create. All noise violations will be immediately address and continual violations are grounds for immediate termination of membership.
DRUGS AND ALCOHOL:
Our position on substance abuse is simple: It is incompatible with the health and safety of our Members, and we do not permit it. Consumption of alcohol is not banned at our offices, but use good judgment and never drink in a way that leads to impaired performance, inappropriate behavior, nor in a way that endangers the safety of others or violates the law.
PLEASE NOTE
· Illegal drugs in our offices and or at sponsored events are strictly prohibited.
· Good judgment will be at the discretion of the Company.
· Smoking of any kind is NOT permitted in our INDOOR nor OUTDOOR spaces.
ü No marijuana
ü No cigarettes
ü No e-cigarettes
OUTDOOR SPACES:
Please be respectful of offices in buildings above and next door to our building.
· No lounging or sunbathing.
· No glass.
· No loud music: Music must be pre-approved if it is being shared.
PICTURES & VIDEO:
As stated above the space will have high profile individuals, IP and/or otherwise confidential or nonpublic information or products in the space and we expect their privacy to respected and no photographs to be taken.
SOCIAL MEDIA POLICY:
At absolutely no time is a member allowed to post any content relating to another Member or any activity in the space (i.e. the appearance of a guest) without written allowance from said Member or the Company. If written allowance is granted; the owner of the content assumes all risks resulting from said allowance. Violations of said policy will result in an immediate request to remove said content and will be grounds for immediate termination of membership.
PITCHING:
No pitching of products and or ideas unless approached by a Member or visitor, who requests information on your business/product. This also includes Company friends.
POACHING/NON-SOLICITATION:
Members will not attempt to solicit, divert or hire employees of existing Members’ companies.
CHILDREN:
Please note that a short visit from children is acceptable and they may tour the space with a Member.
However, no visitors or children should be seated in the work area. Children should be signed in by Member.
VISITORS/GUESTS:
All visitors/guest are required to sign in at the reception desk to receive a visitor’s badge. Visitors must be escorted in and out of the space and must return badges as applicable at the end of their visit.
No visitors are to be left unattended for an extended period of time in meeting rooms, café or outside areas.
PETS:
No pets are allowed in the space at any time.
EVENTS:
Member only events are for Members only no guest is permitted unless stated in the invitation. If Members are interested in holding events to invite outside guests, please see Company for special pricing, or email sales@perryspacenyc.com .
CONFERENCE ROOMS:
By prolonging your client meeting or taking too long to wrap up a call, you’re probably causing a delay for everyone else who needs to use that rented space. Conference rooms are to be booked for no longer than two hours at a time. If you need a full day conference room please email sales@perryspacenyc.com request/ charges.
CARD KEYS AND DESK USAGE:
Your card key can only be used by the name and photo attached to the card. Please do not share cards within your company. Open floor seating is available on the 23 Floor in addition to assigned desks and offices. Desks are assigned to dedicated Members only. Visitors are not to sit at desks nor be in designated work area unless consent has been obtained by Company
CAFÉ AREA:
The refrigerator will be cleaned, and all food left will be removed each Friday evening at 6:00 PM.
INTERNS:
If you are interested in having an intern work with you for a project (time allotted TBD) and you need desk availability (TBD), a fee will be applied. Please speak to Company for fees related to interns.
PROFESSIONALISM:
Members must abide by certain rules that show integrity and high-quality professionalism while executing their business in the workplace. As there is no set dress code, we do expect Members to adhere to a standard of a creative professional environment, including but not limited to hanging your jackets in the coat room.
Please keep shoes and shirts on and no tank tops—for men— are to be worn interior and exterior. Shorts should be Bermuda length for both male and females.
HYGIENE:
Hygiene is essential in a community space. It is essential that members maintain personal cleanliness to ensure the comfort of all community members. Members are expected to meet hygiene requirements during regular business hours for the duration of their membership. This includes:
· Maintain personal cleanliness by bathing daily.
· Oral hygiene (brushing of teeth) required.
· Use deodorant / anti-perspirant to minimize body odors.
· No heavily scented perfumes, colognes and lotions. These can cause allergic reactions, migraines and respiratory difficulty for some employees.
· Wash hands after eating or using the restrooms.