Who We Are. We create online and physical communities for technology companies. Who we are for the purposes of these terms and conditions will depend on where you are based: (i) if you are based in the United States (US Based) we are Spark Labs International Inc. and (ii) if you are based in Europe (European Based) we are Spark Labs Europe SA.. The relevant entity that you enter into this agreement with shall be known in these terms and conditions as “we,” “our” or “us,”.
By agreeing to these terms of service you are entering into an agreement that describes your rights and obligations in connection with your receipt and use of the services provided through the Spark Labs services, comprising services provided through our website, spark-labs.co, and our mobile site (known as our “online services”) and access to and use of certain space in certain Spark Labs locations. Please read these terms carefully, as they affect your legal rights. Among other things, these terms include your agreement with us to arbitrate certain claims instead of going to court and, if applicable, to not participate in class action claims. If you have any questions about these terms, please contact us at firstname.lastname@example.org. By using our services, you are agreeing to abide by and be bound by these terms of service. Some features of our services may be subject to additional guidelines, terms, or rules, which will be posted with those features or otherwise communicated to you.
For the avoidance of doubt, references to “services” in these terms applies solely to access to and use of our locations and the online services we directly provide. “Services” do not include, and we are not involved in or liable for, the provision of services by third parties which you may elect to purchase in connection with your Spark Labs membership, such as group health insurance, gym memberships or payroll services. All such third party services are provided solely by the applicable third party pursuant to an agreement between you and the third party. You agree that our making available access to or discounts for these third party services does not constitute provision of such third party services by us, and you will look solely to the applicable third party for provision of the applicable third party services and for compensation for any claims, damages, liabilities or losses you may incur in connection therewith.
The availability and scope of the services, as well as the availability and scope of benefits we offer in relation to third party services, is subject to change from time to time in our discretion. Without limiting the generality of the foregoing, you acknowledge that our locations are subject to change from time to time.
How we might change these terms. We may make modifications, deletions or additions to these terms from time to time. Such changes will be effective: (i) thirty (30) days after we provide notice of the changes, whether such notice is provided through the user interface of our online services, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the changes or a version of these terms incorporating the changes, whichever comes first.
By signing up for an account and providing your payment information, you agree to pay us the recurring or nonrecurring fees as displayed to you at the time you create your account. You acknowledge and agree that the payment instrument provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our locations or property) in connection with your Spark Labs membership. Your use of the services may be immediately suspended if we are unable to charge such payment instrument for any reason. Recurring fees shall be charged on each applicable anniversary (e.g., monthly, quarterly, etc.) of the first date of the applicable period. The fees applicable to your account may be subject to modification from time to time pursuant to notice provided by us at least fifteen (15) days in advance of the payment date for which the modification would be effective. Your continued use of the services following such notice and through the payment date constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees.
SECURITY DEPOSIT FEE
If you signup for a physical membership, you will be charged a deposit fee, due prior to occupancy being taken. This amount is equal to one month rent, which shall be refunded to you within sixty days of vacating the premises unless it is being used as the last last month of rent, less any outstanding fees or charges due to us.
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these terms, we may, at our sole discretion and possibly without prior notice to you, restrict your access to your account and our services and/or terminate your account with immediate effect. In addition, we may decline to renew your subscription at the end of your subscription period for any reason or for no reason. Furthermore, we may at any time terminate your account in the event we elect to discontinue the Spark Labs membership. You can cancel your account at any time, by submitting a request to email@example.com. If your individual account was created by an authorized representative of your employer, an authorized representative of your employer may at any time terminate your individual account by contacting us. Cancellation will be effective upon receipt of a 30 days notice of cancellation. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid.
If your membership is in default it shall without notice, forfeit your deposit, surrender your right to enter or use the office(s) and common areas, cease using all Services including the online services, return all keys and pay all monies due to us.
You acknowledge that this agreement is a conditional membership to use the offices and Services herein referred to and that this membership is not a lease; and therefore, the landlord - tenant laws do not govern this agreement nor can the Licensee invoke tenant rights or privileges. In any legal proceedings between the parties, we shall be entitled to recover our reasonable legal fees incurred in prosecuting or defending such action.
INTERNET AND TELECOMMUNICATIONS
You may not install or use any telecommunications, other than the one provided by us, without prior knowledge and written consent from us or be considered in default. All components of the phone system software or hardware provided by us and used by you will remain at all times our property.
You may not install or use any internet provider, except for the one provided by us, without prior knowledge and written consent from Management, or be considered in default. All components of the DSL software or hardware provided by us and used by you will remain at all times our property.
You may not use or install any type of server without prior knowledge and written approval from Management or be considered in default.
You acknowledge that due to the imperfect nature of verbal, written and electronic communications, as well as service rendered by Utilities such as electric, phone and internet companies, you shall hold us harmless from any failures or malfunctions relating to these factors, nor will you pursue any claims against us to recover damages as a result of service interruptions. You also accept that once this agreement is signed and executed, it will hold harmless the individual agent(s) or parties that were involved in the referral, negotiation and contracting of our space to be occupied as part of this agreement in the event that it is engaged in any issues, legal or otherwise with us.
RULES AND REGULATIONS
Management shall have the right to declare you in default if you violate any of the following rules and regulations:
A. Compromising of security locked doors or any other security features.
B. Entry into another member's office, or restricted areas, such as the server room, without the permission of Management.
C. Intentional damage of our property, equipment or furniture or another member's.
D. Any misrepresentation of our business intent or practice, or any illegal or illicit activity including smoking on the premises. (Please note smoking on site will result in immediate default of this agreement. You will be asked to vacate within 24 hours, in addition you will be responsible for 30 days of payment from the first of the following month.)
E. Any physical alterations to the offices and / or common areas without prior knowledge and written permission from Management.
F. Members located at offices with a balcony may not go out on the window onto the balcony. Access to the balcony is strictly prohibited due to building codes.
G. You agree to conduct business in a non-intrusive professional manner that does not disturb surrounding tenants in any way.
NATURE OF THESE TERMS
Notwithstanding anything in these Terms to the contrary, these Terms in no way shall be construed as to grant you any title, lease, easement, lien, possession or related rights in our business, Premises or anything contained in our Premises. These Terms create no tenancy interest (including any security of tenure), leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship.
OFAC. You hereby represent and warrant that you are not, nor will you be at any time while you are a member, an entity or individual listed on the Specially Designated Nationals and Blocked Persons List published by the U.S. Department of Treasury, as updated from time to time.
Contacting us. If you have any questions relating to these Terms, please contact us at firstname.lastname@example.org.
Dated: March 21, 2016