Legal Agreement: Terms of Service

 

TERMS OF USE AGREEMENT DRIPPING SPRINGS

 

T-Werx Mission

T-Werx Coworking mission is to create an atmosphere of collaboration and growth among Entrepreneurs and Small Business Owners and the Community as a whole. Hosting events in the hopes to connect you with other like-minded individuals, which to learn from each other and share business ideas. We are committed to helping you on many levels!

 

Membership Levels

All Memberships Include:

  • High speed wired/wireless internet
  • Office Access: Mon – Fri, 8:30am – 5:30pm
  • Refreshments included: coffee, soft drinks, tea, snacks, and water
  • Networked printer, copier and scanner
  • Open seating

 

Specifics of Membership levels

  • Cowerx Day Pass - $25 a day per person; Includes all above 
  • 10 Day Community Member – ($30 One-Time Admin Fee) $170/Month; Open Seating: Mon -Fri, 8am-5pm, 10 Day Passes, 1 Hour of Conference Room Credit, Access to "Success-Werx" Team, Access to Member Perks
  • Cowerx – ($100 One-Time Admin Fee) $250 per month per person, Open Seating: Mon -Fri, 8am-5pm, 1 Hour of Conference Room Credit, Access to "Success-Werx" Team, Access to Member Perks, Educational Programs: Receive a 10% Discount
  • Road Warrior - ($30 One-Time Admin Fee) $175/Month; 10 Hours of Conference Room Credit, Access to "Success-Werx" Team, Access to Member Perks, Educational Programs: Receive a 10% Discount
  • Dedicated Desk – ($100 One-Time Admin Fee) 6 Month Membership $350/mth, Month to Month Membership $400/mth, Dedicated Desk to call your own, 24/7 Secured Access, 4 Hours of Conference Room Credit, Access to "Success-Werx" Team, Access to Member Perks, Educational Programs: Receive a 10% Discount
    • Additional person on your membership: $100 per month per person ($30 One-Time Admin Fee per person) with 1 Hour of Conference Room Credit
  • Private Office – ($100 One-Time Admin Fee) starting at $950 per month for a 1 year lease or $1075 for a month to month lease for 2 people, includes all above, 24/7 secure office access, 2 private office keys, 4 hours of conference room credit, Locking Office including desk, chair and locking file cabinet, access to “Success-Werx” (advisory board),
    • Additional person on your membership: $100 per month per person ($30 One-Time Admin Fee per person) with 1 Hour of Conference Room Credit

 

Payments & Dates

 

  • All membership payments are billed on the 1st and due by the 3rd of each month.
  • T-Werx reserves the right to charge a late fee of $50 and/or withhold services if payments are not received by the 3rd day of the month.
  • Lost key fee is $20 per key

 

Payment Methods

  • T-Werx accepts Checks and Credit Cards
  • Service fee of $30 will be charged for non-sufficient funds

 

Membership Cancellation Policy

 

T-Werx requires a 30-day written notice for all Dedicated Desk & Private Office Memberships.

  • Early termination of 6 Month or 1 Year Membership’s require a 30-day written notice & fees include half of the remainder of the membership.

 

Copier/Printer Policy

With your Membership, you receive at no additional fee per month 200 b/w copies.  Anything above those #'s is $.05 per b/w copy.  

 

Pet Policy

 

We do not allow pets in our facilities.  



Electric Heaters/Candles

 

We do not allow electric heaters or candles in our location because they can become a fire hazard.  

 

T-WERX CO-WORKING TERMS OF USE

  1. Acceptance of Terms

 The services TWT, LLC. (“T-WERX”) provides to you, the undersigned (including but not limited to use of office space, access to Internet, etc.), are subject to the following Terms of Use (“TOU”). T-WERX reserves the right to update the TOU at any time without notice to you.

 

  1. Description of Services

 T-WERX may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services as T-WERX may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.

 

  1. Limited Rights to Use of space
  1. I understand that my membership does not constitute a lease or sublease but is only a license to use The Space.
  2. I understand that membership is a privilege that may be revoked at T-WERX’s discretion. If my membership is revoked, I understand that T-WERX will return my membership dues for the remaining period of membership, and I agree to forfeit my membership, keys, and any other evidence of membership.
  3. I understand that all amenities provided by T-WERX, including but not limited to opening hours, availability of a particular working area, use of the printer, or availability of the Internet are to be deemed as additional privileges of membership not included in the cost of membership and subject to change.
  4. I understand that my use of The Space may on occasion be disrupted. This may include but is not limited to: (i) the offering of events or Services on the premises that are not included in the standard membership and that may require additional fees to attend or use, and (ii) the need to move to another work area and under rare circumstances to vacate the premises entirely.
  5. I understand that T-WERX will do its best to announce to the member community in advance of any known changes or disruptions to member access to The Space or to the use of the Services provided by T-WERX.
  6. I understand our membership, and building management, does not allow additional exterior signage on the building. Members with a private office are allowed to display their business logo on the interior window with a window decal.

 

  1. Terms of Payment
  1. Terms of Payment in this section (Section 4) do not apply IF a Legal Entity has been indicated as responsible for payment in the above Membership Agreement.

  2. Members are responsible to pay for the entire length of their selected Membership Period, as designated in the Membership Agreement.

  3. Memberships must be paid in monthly installments, with the first installment being made prior to the commencement of membership, and each subsequent installment being made at prior to or on the first of the month to which the Payment applies.

  4. Payments received after the 3rd of the month will be charged a Late Fee of $50 and the Member—owing such Payments for Membership or Late Fees—will be denied access to The Space and its Services until said Payments are up to date. For each additional week that Payments for Membership or Late Fees have not been received an additional $50 Late Fee will be assessed.

 

  1. Respect for Community Interests

  1. I understand that T-WERX Workspace has been created for the benefit of the entire community of members and that my own membership should not interfere with the interests of the community.

  2. I understand that no member, including myself, has rights to permanent use of any given space except under written agreement with T-WERX.

  3. I agree not to maintain or store any inventory of goods in common areas of the premises that have not been expressly designed for such purpose.

  4. I understand that I must clean up after myself or my guests.

  5. I understand that I must receive permission from T-WERX to post signs, host events, or otherwise use The Space in ways that may impose on the interests of the membership community.

  6. I agree not to act in a manner that in T-WERX’s sole discretion does or is likely to adversely affect the peaceful operation or enjoyment of The Space, the building in which The Space is located, or the building’s occupants, guests, or contractors.

 

  1. Unlawful or Prohibited Use 

  As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any T-WERX server, or the network(s) connected to any T-WERX server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any T-WERX server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

 You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.

 

  1. Use of Service

You agree that when participating in or using the Services, you will not:

    1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited message (commercial or otherwise);
    2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through T-WERX servers;
    4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
    5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
    6. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
    7. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
    8. Restrict or inhibit any other user from using and enjoying the Services;
    9. Violate any code of conduct of other guidelines which may be applicable for any particular Service.;
    10. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
    11. Violate any applicable laws or regulations; and
    12. Create a false identity for the purpose of misleading others.

 

  1. T-WERX reserves the right at all times to disclose any information about you

 Your participation in and use of the Services as T-WERX deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in T-WERX’s sole discretion.

 

  1. Confidentiality

    1. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by T-WERX or any participant or user of the Services or any employee, affiliate, or agent thereof that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of T-WERX, any analyses, compilations, studies or other documents prepared by T-WERX or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
    2. Your participation in and/or use of the Services obligates you to
      1. maintain all Confidential Information in strict confidence;
      2. not to disclose Confidential Information to any third parties;
      3. not to use the Confidential Information in any way directly or indirectly detrimental to T-WERX or any participant or user of the Services.
    3. All Confidential Information remains the sole and exclusive property of T-WERX or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of T-WERX or any participant or user of the Services.

 

  1. Participation in Use of Services

 You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that T-WERX does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

 

  1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, T-WERX PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM WITH RESPECT TO THE SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF PARTICIPATION IN OR THE USE OF THE SERVICES, REMAINS WITH YOU.

  1. Exclusion of Incidental, Consequential and Certain Other Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL T-WERX OR  ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY AND INDIVIDUALLY BE LIABLE FOR ANY DIRECT,  SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF T-WERX, AND EVEN IF T-WERX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. Limitation of Liability and Remedies

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF T-WERX OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY- OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS UNDER ANY PROVISION OF THIS TOU AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO TEN DOLLARS (USD$10.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 11 AND 12 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

  1. Termination

 T-WERX reserves the right to terminate any Service at any time. T-WERX further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.

 

  1. Non-Disparagement

 You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding T-WERX, or any of T-WERX’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

 

  1. Indemnification

 You release, and hereby agree to indemnify, defend and save harmless T-WERX and T-WERX’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree if you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by T-WERX or its respective officers and agents about the defense of such claim or lawsuit.

 

  1. Severability

 If any provision or portion of this TOU is determined to be invalid, illegal, or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect fully permitted by applicable law.

 

 I hereby acknowledge that I have read and understood all the terms and conditions contained in this TOU and further agree to be bound to the TOU regarding my participation in and use of the Services.

 

OFFICE KEY ADDENDUM

The following terms and conditions are made a part of the T-Werx Coworking Membership Agreement between the Member and T-Werx Coworking:

  1. The Member has been provided with the following keys by T-Werx:
    1. ____ Private Office Key(s) Issued on ____________
    2. ____ File Cabinet Key(s)                        Issued on ____________
  1. The Member will return all key(s) to T-Werx Coworking on or before the Member’s last day of membership.  If the keys are not returned to T-Werx on or before the end of the membership, the following fees will be billed directly to the Client: $20 per key.

  

  1. If the key(s) are misplaced the Member will pay T-Werx for replacement(s).  The replacement cost is $20 per key.

 

  1. Upon any breach or default by the Member under the T-Werx Coworking Membership Agreement, the Member’s rights under this Key Addendum will automatically be deemed null and void.  If the Membership is terminated, the Member will immediately return the key(s) to T-Werx. If they are not returned to the Management immediately the following fees will be billed directly to the Member: $20 per key. 

I have read and understand the terms of the Key  Addendum.

 

 

DRIPPING SPRINGS MEMBERSHIP FEE AGREEMENT

Membership Details (Select Membership Level)

  • 10 Day Community Member: $170/mo. 
  • Road Warrior: $175/mo.
  • Cowerx Member: $250/mo.
  • Dedicated Desk: 6 Month Membership - $350/mo.
  • Dedicated Desk: MTM Membership - $400/mo.
  • Private Office: 1 Year Membership - $950/mo.
  • Private Office: Month to Month Membership - $1075/mo.

Additional Fee(s) (select)

  • Additional Individual Membership: $100/per person per month
  • Mail Service: $25/mo. 
  • Private Office – IP Address: $25/mo. 

Administration Fee(s) (select)

  • One-Time Initial Non-Refundable Fee: $100 (Cowerx, Dedicated Desk & Private Office)
  • Additional Individual Non-Refundable Fee (Dedicated Desk & Private Office Only): $30
  • One-Time Initial Non-Refundable Fee: $30 (10 Day Community, Road Warrior

 

Authorization

I authorize T-Werx Coworking to charge my credit card monthly for my membership fee, as well as any other unpaid fees.  Additionally, it is ok to publish my profile on the T-werx Membership Directory. This authorization is to remain in effect until my 30-day written notice expires.