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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.

13. Cancellation and Refund Policy

For Hourly and Daily use of premises:

10% of the Rental charge will be levied on the User if booking is cancelled up to 1 calendar day (24 hours) prior to commencement of reservation of premises booking start date and start time.

For reservations that fall outside the refundable cancellation window stated above, the same can still be cancelled but ‘without’ any refund and DesqWorx shall have the right to charge you for the entire booking period.

For Weekly use of premises:

10% of the Rental charge will be levied if booking is cancelled up to 2 calendar days (48 hours) prior to commencement of reservation of premises booking start date and start time.

For reservations that fall outside the refundable cancellation window stated above, the same can still be cancelled but ‘without’ any refund and DesqWorx shall have the right to charge you for the entire booking period.

For Hourly and Daily use of premises:

10% of the Rental charge will be levied if booking is cancelled up to 7 calendar days (168 hours) prior to commencement of reservation of premises booking start date and start time.

For reservations that fall outside the refundable cancellation window stated above, the same can still be cancelled but ‘without’ any refund and DesqWorx shall have the right to charge you for the entire booking period.

14. Suspension of Services

DesqWorx may by notice suspend the provision of services (including access to the space) for reasons of political unrest, strikes, terrorism, acts of god, or other events beyond DesqWorx’s reasonable and unforeseen control. This agreement shall automatically terminate if the space is rendered unusable as a result of a fire, other casualty or a condemnation. As between DesqWorx and client, all proceeds of any condemnation award shall belong to DesqWorx and all insurance proceeds of DesqWorx shall be retained by and belong to DesqWorx. DesqWorx may also suspend the provision of services (Including access to the space) in the event the space or the building is being renovated or repaired, in which event you will be relocated to another space within the building (If possible), or if necessary, to another building.

15. Confidentiality

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 DesqWorx or any participant of used services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of DesqWorx, any analysis, compilations, studies or other documents prepared by DesqWorx or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.

Your participation in and/or use of the Services obligates you to:

  • Maintain all Confidential Information in strict confidence;
  • Not to disclose Confidential Information to any third parties;
  • Not to use the Confidential Information in any way directly or indirectly determined to DesqWorx or any participant or user of the services.

All confidential information remains the sole and exclusive property of DesqWorx or the respective disclosing party. You acknowledge and agree that nothing in this T&C 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 proprietary rights of DesqWorx or any participant or user of the services.

16. Disclaimer of Warranties

To the maximum extent permitted by the applicable law, DesqWorx 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: 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.

17. Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by the applicable law, in no event shall DesqWorx 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, illness, 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 DesqWorx, and even if DesqWorx has been advised of the possibility of such damages.

18. 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 DesqWorx 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 T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

19. 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 (Via word of mouth, electronic means, social media, or any other way) regarding DesqWorx, or any of DesqWorx officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

20. Indemnification

You release, and hereby agree to indemnify, defend and save harmless DesqWorx and DesqWorx 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 in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by DesqWorx or its respective officers and agents in connection with the defense of such claim or lawsuit.

21. Severability

In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

22. Insurance

DesqWorx carries Liability and Business Personal Property insurance. As a user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of DesqWorx.

23. No Lease

YOU ACKNOWLEDGE THAT THIS AGREEMENT IS NOT A LEASE OR ANY OTHER INTEREST IN REAL PROPERTY. IT IS A CONTRACTUAL ARRANGEMENT THAT CREATES A REVOCABLE LICENSE. DesqWorx does not intend to create a lease or any other interest in real property for the benefit of client through this agreement. DesqWorx retains legal possession and control of the space assigned to client. DesqWorx’s obligation to provide space and services to client is subject, in all respects, to the terms of DesqWorx’s lease with DesqWorx’s landlord, if applicable. This agreement and the license granted hereunder shall terminate simultaneously with the termination of DesqWorx’s master lease or the termination of the operation of the DesqWorx area for any reason at no cost or penalty to DesqWorx. You do not have any rights under DesqWorx’s lease with its landlord, if applicable. When this agreement expires or is earlier terminated, your license to occupy the space shall automatically be revoked. You agree to remove your personal property and leave the space as of the date of such expiration or termination. DesqWorx is not responsible for your personal property left in the space after expiration or termination. If you fail to remove your personal property, at Desq worx’s option, such personal property shall (a) be deemed conveyed to DesqWorx and shall become the property of DesqWorx, or (b) be removed from the Space by DesqWorx at the client’s expense.

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