DesqWorx Service Agreement Terms & Conditions

The services DesqWorx provides to you are subject to the following terms and conditions (T&C). DesqWorx reserves the right to update the terms & conditions at any time without notice to you. DesqWorx membership application does not create a tenancy, but a prepaid usage license to use the provided amenities on a monthly or casual basis. This contractual agreement is a mere authorization for the guests to utilize the premises and other facilities of the Centre. The whole of the Centre remains in DesqWorx’s possession and control, in its entirety. By agreeing to this document, you understand that you are forming a legal contract with DesqWorx and are agreeing to its terms & conditions.

1. Description of Services

DesqWorx may provide you with access to office space, office equipment, conference space, workstations, knowledge resources, internet access, and other services (collectively, "Services").

2. Workspace Use and Access

You agree not to exceed the maximum occupancy of the space.You shall not make any alterations, additions, subtractions, or improvements to the space, servers, or services, including either the installation or removal of lighting or any data and phone lines. You agree that DesqWorx has the right, to require that you relocate to another space of equal or larger size and similar configuration for the remainder of the term, provided that the fees for such new workspace are no greater than the fees for your current space.

DesqWorx or its authorized personnel and representatives may enter the space at any day or time. Unless there is an emergency, the host will, as a matter of courtesy, try to inform you in advance when the host needs access to the space to carry out testing, repair or any other work other than the routine inspection, cleaning and maintenance.

3. Good Care

You must take good care of and not damage, cause impairment, waste or make any alterations to the space leased or owned by DesqWorx or the building. You shall not change, alter, exchange, replace, remove, add, disable, impair, or damage any equipment, servers, furnishings, or other personal property located in, on, or around the space, the Common Areas, or the Shared Spaces, which are not owned by you. At the end of the term, you must deliver the space and all of DesqWorx’s property & equipment to DesqWorx in the same condition as when the term started. If any damage (Beyond normal wear & tear) to the space or DesqWorx’s personal property or servers should occur while in your care, custody, or control, you agree to pay reasonable repair/replacement costs and to notify the host immediately upon discovery of such damage occurring, but no later than 8 hours later. You are liable for any damage caused by you or your invitees to the space, DesqWorx’s personaly property, equipment, the Shared Facilities, the Common Areas, or the building.

4. Shared Facilities

If available at the space, you may also have access to the non-exclusive use of any shared office equipment and kitchenettes (the “Shared Facilities”) located in the space on a first-come, first-served basis. DesqWorx may make changes to the Shared Facilities from time to time during the term including (Without limitation) removal of all or portions of the Shared Facilities without your consent or notice to you.

5. Keys and Security

Any keys or entry cards for the building or the space, which DesqWorx allows you to make use of, remain DesqWorx’s property at all times. You shall not allow anyone else to make use of them without DesqWorx’s consent. You shall also not make any copies of them. Any loss of entry cards or keys must be reported to DesqWorx immediately. You will be liable to pay the cost of replacement cards or keys and will also be liable to cover the cost of changing any locks.

You shall not place any additional locks or bolts of any kind upon any of the lockers, cupboards, windows or doors of the space or building nor make any changes to existing locks or the mechanisms thereof.

6. Name and Address

You may only conduct business in your name. You shall not put up any signs on the doors to the space or building or anywhere else near the property or on it, which are visible from outside the space you are using, or the building.

7. Mail and Packages

Mail and packages may not be delivered to you at the space or building unless permitted by DesqWorx.

The shipper or the receiver/client shall not hold DesqWorx responsible for the loss or damage of any of its mail or packages by the courier company/mailman.

8. Conduct

You acknowledge that the DesqWorx is and will continue to be an equal opportunity employer and that DesqWorx prohibits any form of discrimination in employment, against any of its employees (Whether by its employees, its clients, including you, or others), including, on the basis of race, creed, age, religion, color, gender, sexual orientation, marital status, national origin, or disability, or other characteristics protected by law. In recognition of this policy, you and your officers, employees, members, shareholders, directors, agents, partners, contractors, representatives, invitees, or customers shall be prohibited from participating in any type of harassing or abusive behavior to the employees of DesqWorx or its affiliates, other clients, or invitees, verbal or physical in the space for any reason. You further agree, upon the request of DesqWorx, to cooperate with DesqWorx in its efforts to enforce and maintain its equal employment opportunity, non-discrimination and anti-harassment policies. DesqWorx may immediately terminate this agreement without cost or penalty if the client or any of the client’s staff engage in any behavior that DesqWorx deems is contrary to such policies.

9. No Unlawful or Prohibited Use

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 impair, disable, overburden, or any of DesqWorx’s servers, or interfere with any other party’s use and enjoyment of any services.

You may not attempt to gain unauthorized access to any servers, services, accounts, computer systems or networks connected to any DesqWorx server or to any of the services, through password mining, hacking, 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, nor should you post or download files that you know or should know are illegal or that you have no rights to.

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 T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the servers and services will not conflict with or result in any breach of any contract, agreement, license, or obligation or instrument to which you are a party.

10. Participation in or Use of Services

You acknowledge that you are participating in or using the services at your own free will and decision. You acknowledge that DesqWorx 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.You agree that when participating in or using the services, you will not:

• Use the services in connection with contests, pyramid schemes, chain letters, junk email, spamming, scamming, phising, or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, harass, stalk, threaten, abuse, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Post, publish, distribute, upload, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through DesqWorx servers.
• Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, 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.
• 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; Upload files that contain viruses, trojan horses, worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
• Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
• Restrict or inhibit any other user from using and enjoying the services.
• Violate any code of conduct or other guidelines, which may be applicable for any particular service (Including the building rules).
• Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party.
• Use any Virtual Private Networks (VPNs) to gain access to the Internet Protocol (IP) addresses of any other country.
• Access any illegal websites, tools, or programs.
• Use DesqWorx systems, internet facility, space for any illegal activities like betting, gambling etc.
• Violate any applicable laws or regulations; or
• Create false or catfish identity for the purpose of misleading others.

11. Renewals and Terminations

This agreement is automatically renewed at the end of each period with consent of each party. The T&C must be adhered to at all times. Failure to follow T&C can result in non-renewal or even early termination of the usage license. DesqWorx reserves the right to terminate any service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the space rules. If this happens, DesqWorx will refund any amounts paid for unused periods that remain after deducting any pending charges, on a pro-rata basis.

Members may terminate this Agreement by giving a written notice of termination as established in this agreement. Termination shall be in effect as of the end of that calendar month. Should members not provide timely notice of termination to DesqWorx, then the membership period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable as per the terms & conditions.

12. Invoicing and Payment

Fees for pay-as-you-use services in accordance with our published rates may change from time to time. The fees & taxes for the use of the space during the term shall be paid to DesqWorx. The Fees and Taxes are due before the start of the term.

If payment is not received before the start of the term, DesqWorx may, at its discretion, terminate this agreement without cost or penalty to DesqWorx.

DesqWorx reserves the right at all times to disclose any information about you. Your participation in and use of the services as DesqWorx 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 DesqWorx sole discretion.