Terms and conditions
General Terms and Conditions
Dated 11th October 2021
Terms and Condition
Level 10, 440 Collins Street, Melbourne
Procurement Australia trading as Space Station ABN 45 058 335 363
Space Level 10, 440 Collins Street, Melbourne in its entirety.
Member means a member of Space Station or Procurement Australia.
Licence Agreement /Agreement means the agreement between the Member and Space Station with respect to the Member’s use of the Space.
Virtual Address Member means a Member who has entered into an agreement with Space Station to use the Space only as a virtual address.
Ancillary Services means any services the Member and Space Station may agree to and which are to be provided for the fees set by Space Station and on the terms set by Space Station.
- Access to Space Station is subject to a Membership Application Form being completed and accepted by Space Station.
- Use of Space Station is subject to these Terms and Conditions of use.
- Bookings are required and can be made via the online booking system at spacestation.net.au or via email email@example.com.
- Bookings are subject to availability and must be paid for in advance, along with any required refundable security deposit in the form required by Space Station. Exceptions may apply.
- Long term rates are available upon negotiation and are subject to availability of space and the usual credit terms and conditions.
- Proof of identity may be required prior to bookings being accepted.
- Membership is personal and is not assignable or transferrable to other parties or individuals.
- All notices must be in writing or email. Notices to either party will be considered served if mailed by registered post or by email to the addresses or emails specified overleaf.
- The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other provision. No waiver by Space Station of any default by the Member shall be implied from any failure by Space Station to take action with respect to such default.
- 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.
- This Agreement supersedes any prior agreements and embodies the entire Agreement between the Member and Space Station 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 Space is located.
Space Station Rights & Responsibilities
Space Station shall:
- Keep the facilities in the Space clean and in good working order.
- Have the ultimate right to remove the Member from the Space.
Provide reception services during normal opening hours of 9am to 5pm, Monday to Friday (excluding official public holidays). Normal opening hours are subject to Space Station’s discretion, and any changes Space Station intends to make will be communicated to the Member with no less than seven (7) days’ notice.
Member Rights & Responsibilities
The Member shall not:
- Impede or interfere with Space Station’s right of possession and control of the Space.
- Use the Space other than for the Member’s business as stated in their application for Membership.
- Conduct any illegal activity in the Space.
- Interfere with the conduct of Space Station’s business during the term of its Membership and for six (6) months thereafter shall not offer employment to or hire directly or indirectly any staff of Space Station. Without prejudice to any rights or remedies that Space Station may have for any breach of the foregoing, if the Member shall employ directly or indirectly any member of Space Station staff during such period the Member shall pay to Space Station within seven (7) days of the said member of staff commencing his or her new employment or hire a recruitment fee equal to 25% of the said first year gross salary or hire costs including guaranteed bonuses or benefits.
- Without restricting, excluding or modifying any condition or warranty implied by any statute or law into the relationship between Space Station and the Member, be entitled to any compensation as a result of any failure of data security or computer systems or as a result of Space Station failing to provide any of the services in accordance with this Agreement as a result of any breakdown, strike, delay or failure of any staff, manager or caretaker to perform their duties.
The Member shall:
- By way of commission payable to Space Station by the Member, agree that, in the event the Member solicits, entices, convinces or otherwise causes, an existing Member of Space Station to vacate the Premises; to pay to Space Station a commission equal to 12-month’s rental of the company that has been enticed or convinced to vacate the premises.
- Observe and adhere to all the rules and regulations updated from time to time made by Space Station for the management of the Space.
- Indemnify Space Station and its respective officers, employees and agents, from all claims, liability, or loss.
- Acknowledge that Space Station is not responsible for the theft of or damage to any equipment, chattels or goods.
- On or before the expiry of a Licence Agreement, return to Space Station all keys and other means of access to the Space that have been provided by Space Station, and whenever any key or other means of access is lost, report such loss forthwith to Space Station and to pay on demand the cost of replacing such key or other means of centre access.
- Without limiting any other provision of these Terms and Conditions, give written notice to Space Station in the event that there are material changes in the address, name, trade name, ownership, directors or other matters registered on the commercial registry, etc., or any other matters relating to the status of the Member and other important changes.
- Be required to formally check in and check out of the Space upon entry or departure using the SINE portal.
In the event the Member damages any of the decorations, fixtures and fittings or other equipment in the Space, indemnify Space Station for the cost of repairing such damage.
- Members of Space Station may make use of the Space Station Member’s Lounge.
- Procurement Australia Members are employees of those entities currently using Procurement Australia contracts or services or as are otherwise designated as a member of Procurement Australia from time to time.
- Proof of identity or proof of membership may be required at any time and upon request.
- Members are eligible to gain entry into Space Station Member’s Lounge during times when it is open for members.
- Space Station Member’s Lounge access is available with one guest only (additional guests by agreement), who must be at all times be accompanied by a Member. Where appropriate a reference to a Member in these Terms and Conditions includes a reference to that Member’s guest (or guests) where applicable.
- Each Member is responsible for complying, and ensuring that their guests comply, with these Terms and Conditions.
- Entry into the Space Station Member’s Lounge for any person (including Members) is at the sole and unfettered discretion of the Space Station management
- Should two guests or more be invited, Members may be required to book a small meeting room at an additional cost to the Member.
- Members and their guests are eligible to use the free WIFI, complimentary tea, coffee, and other benefits that may be provided from time to time.
- Members using the Space Station facilities, the internet or meeting rooms assume responsibility for all loss, damage or consequences resulting directly or indirectly from such use.
- Members and their guests must be over 18 years of age.
- Members and their guests must at all times be dressed in appropriate business attire. Business attire includes jacket and specifically no open toe shoes, shorts, caps and sporting attire.
- Offensive, drunken, lewd or otherwise unacceptable behaviour in any form will not be tolerated at any time.
- Space Station is a smoke free zone, including the use of ‘e-cigarettes’ and/or ‘vaporisers.
- To the extent permitted by applicable law, all representations, warranties and other terms are excluded other than as required by law.
Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of the facilities, including rights arising from any statutory guarantee, nothing in these Terms and Conditions operates to exclude them. Subject to the preceding sentence, you acknowledge that your use of the facilities, is entirely at your own risk and are provided without warranty, either expressed or implied.
Virtual Address Member
- For all Virtual Address Plans, Space Station reserves the right to require the Member to submit the required points of Identification (“the Documentation”), and reserves the right, at its absolute discretion, to terminate the plan if the Documentation is not received.
- Where relevant, Members who select to pay invoices by credit card irrevocably authorises Space Station, on the invoice due date, to deduct from the Member’s credit card the Plan Fee plus any relevant taxes payable in advance and all services billed in arrears. In respect of any partial period, a pro-rata adjustment shall be made.
- The Member irrevocably authorises Space Station to deduct all amounts charged to the Member by Space Station on such credit card at any time during any billing period and subsequent renewal contract periods.
- The authorisation will remain in effect until the Member cancels in writing of any changes in the account information provided or termination of this authorisation at least 15 days prior to the next billing date.
- If a charge is declined or reversed by the credit card issuer or network, the Member agrees to pay Space Station a service charge and to reimburse Space Station for all reasonable costs of collection. The Member’s credit card issuer may also assess its customary charge for such transactions.
- Members who select to pay by cheque or bank transfer shall for the duration of the Agreement pay by the due date 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.
- Payment is due 3 days from the invoice issue date. Should payment not be received 14 days from the invoice issue date, an administrative fee of 3% referred to as “Penalties" per month will apply on the overdue balance until payment has been received by Space Station.
- In the event that the Member does not pay within 14 day(s) from the invoice issue date the total amount as stated on an invoice Space Station shall be entitled to:
- Suspend partial or all services provided by Space Station to the Member including, but not limited to telephone and mail service.
- Claim all costs including legal fees associated with recovering all monies owed to Space Station from the Member.
- Charge a reactivation fee.
- The Member shall pay all sums due to Space Station under the Agreement without any deduction or set off.
- The Member shall pay for all bank charges, exchange rate differences, currency adjustments and other such charges related to Plan Fee and Penalties.
- A Virtual Address Member is entitled to the right to use the Space Station business address under the Member’s name for the Member’s company stationery and marketing collateral, collection of mail by Space Station to be held for Member’s collection and complimentary email notification of mail and courier.
A range of other pay-as-you-use services (“Services") provided by Space Station or suppliers of Space Station shall be available to the Member at rates stipulated within Space Station price guides. In the event that Space Station or any business affiliate of Space Station provides the Member a Service, Space Station shall charge the Member at the stipulated rate detailed within Space Station’s price guides. Space Station reserves the right to review, add or change the prices within the price guides by giving 1 month notice to the Member.
Virtual Address Member may agree for further Services to be provided for the fees set by Space Station on the terms set by Space Station. These Services may include access to the Ground Floor Lobby directory board; telephony services; administrative services; catering; meeting room hire; photocopy and scanning services and short-term office hire.
- Cancelling any bookings within 24 business hours of the commencement time, will incur a 100% hire charge.
- Cancellations made between 24 hours and 48 business hours will incur a 50% hire charge.
Cancellations for catering must be received 48 hours prior to the event, otherwise, full charges will be incurred.
Rights of Revocation
Space Station may revoke, cancel or terminate any rights that a Member or Virtual Address Member may have under their terms of Membership of Space Station or pursuant to any Licence Agreement or Agreement to use the Space or Virtual Address in the event that a Member or Virtual Address Member:
- fails to comply with any of these Terms and Conditions;
- is disruptive, unruly or otherwise acting in a way inconsistent with a professional working environment (including by any of its directors);
- creates a material reputational, brand, legal or regulatory risk to Space Station or to Space Station’s related bodies corporate (including by any of its directors);
- makes any representation, warranty or statement in connection with an application to become a Member, Virtual Address Member or in respect of a Licence Agreement or Agreement which is untrue or misleading (whether by omission or otherwise) in any material respect when so made;
- commits an act of insolvency or bankruptcy (including by any subsidiaries);
- without Space Station’s consent (which will not be unreasonably withheld), becomes subject to a change of control, including a change in more than one director;
- is involved in any fraud, forgery or misrepresentation (including by any of its directors); or
does not supply on request, or withholds any reasonable request, by Space Station for information in respect of any audit undertaken by Space Station.
Indemnity & Release
Space Station shall be expressly indemnified by the Member against any loss or damage which is caused by corruption of data or any loss of information from hardware, software, mechanical, Internet damage or any errors by Space Station team members. Use of the Space Station services and facilities is entirely at the risk of the Hirer and the Hirer releases Space Station from any and all liability of whatever kind and however causes.
Compliance with Policies & Direction
The Member must comply with all Terms and Conditions and any direction of Space Station and all codes and policies relating to the Space and their use that may be displayed or made available from time to time.
All prices quoted are exclusive to any government taxes where applicable and allowable by law.
Changes to these Terms & Conditions Space Station may change the Terms and Conditions from time to time. Please periodically review the Terms and Conditions for any changes.