Terms and conditions
TERMS OF USE (TOU)
Our ToU is long and boring, but it’s important that you read it carefully to understand your rights and protections, as well as ours. Please contact us at admin@victopia.co if you have any questions regarding the ToU.
Victopia hereby grants to the Coworking Client the privilege to use, in common with other Members and parties that Victopia may designate, certain amenities located in the Premises; the use of all of which are subject to such reasonable rules and regulations as Victopia currently has in place and may adopt from time to time.
Term:
a. The term of this Agreement shall be access to Victopia Coworking Space during regular business hours (Monday – Friday, 9:00 am – 5:00 pm, excluding all Statutory Holidays).
b. In the event at least 50% of the premises is damaged, destroyed, or taken by eminent domain or acquired by private purchase in lieu of eminent domain so as to render the Premises fully un-tenantable and un-restorable in Victopia’s sole judgment, then within 30 days of such damage, destruction, or taking by eminent domain, by written notice to the other party, either party may terminate this Agreement effective the date of the written notice.
c. Victopia reserves the right to update the ToU at any time. Victopia will attempt to contact the Coworking Client to notify the Coworking Client of any updates within 30 days of their enactment using the contract information provided in this Agreement.Services:
a. So long as the Coworking Client is in good standing, Victopia shall make available to the Coworking Client only the services more particularly described in Schedule A.Waiver of Claims:
a. Victopia shall not be liable for any interruption or error in the provision of services to the Coworking Client under this Agreement. The Coworking Client waives any recourse against Victopia for any claimed liability arising from the provision of telecommunications services including, but not limited to, loss, damage, expense or injuries to persons or property arising out of mistakes, omissions, interruptions, delays, errors, or defects in transmission occurring in the course of furnishing telecommunications services and/or access to the premises provided the same are not caused by the willful acts of Victopia, as well as any claim for business interruption and for consequential damages.
b. The Coworking Client hereby agrees to defend, indemnify and hold Victopia harmless from and against any and all claims, damages, injury, loss, and expenses to or of any person or property resulting from the willful/negligent action, omission, or negligence of the Member, its agents, employees, invitees, and/or licensees while in the premises.Operating Standards:
The Operating Standards attached to this Agreement as Schedule B are hereby made an integral part of this Agreement. The Coworking Client, its employees, agents, guests, invitees, visitors, and/or any other persons caused to be present in and around the premises by the Coworking Client shall perform and abide by the rules and regulations and any amendments or additions to said rules and regulations as Victopia may make. In addition, the Coworking Client, its employees, and agents shall abide by all applicable governmental rules, regulations, statutes, and ordinances relating in any way to the Premises or the Coworking Client’s use of the Premises; failing which the Coworking Client shall be in default hereunder and shall pay any fines or penalties imposed for such violation(s) directly to the appropriate governmental authority or to Victopia if Victopia has paid such an amount on behalf of the Coworking Client. Such remedy shall not be exclusive. It is hereby further explicitly agreed and understood that full compliance with the Operating Standards as set forth constitutes a material obligation of this Agreement and that failure to comply shall constitute a violation of this Agreement entitling Victopia to exercise any of its remedies pursuant to this Agreement or otherwise.Notices: Any notice under this Agreement to Victopia shall be in writing by certified or registered mail, return receipt requested, to the party at the address set forth below or via email:
Victopia, 2nd floor – 1824 Store Street, Victoria, BC V8T 4R4
admin@victopia.co
Any notice to the Coworking Client shall be delivered to the premises by hand or via email. If such mail or email is properly addressed and delivered, mailed, or emailed, as required above, it shall be deemed notice for all purposes, given when sent or delivered, even if returned as undelivered.Time of Essence:
Time is of the essence as to the performance by the Coworking Client of all covenants, terms, and provisions of this Agreement.Severability:
The invalidity of any one or more of the sections, subsections, sentences, clauses, or words contained in this Agreement or the application thereof to any particular set of circumstances, shall not affect the validity of the remaining portions of this Agreement or of their valid application to any other set of circumstances. All of said sections, subsections, sentences, clauses, and words are inserted conditionally on being valid in law; and in the event that one or more of the sections, subsections, sentences, clauses, or words contained herein shall be deemed invalid, this Agreement shall be construed as if such invalid sections, subsections, sentences, clauses, or words had not been inserted. In the event that any part of this Agreement shall be held to be unenforceable or invalid, the remaining parts of this Agreement shall nevertheless continue to be valid and enforceable as though the invalid portions had not been a part thereof. In addition, the parties acknowledge (i) that this Agreement has been fully negotiated by and between the parties in good faith and is the result of the joint efforts of both parties; (ii) that both parties have been provided with the opportunity to consult with legal counsel regarding its terms, conditions, and provisions and (iii) that regardless of whether or not either party has elected to consult with legal counsel, it is the intent of the parties that in no event shall the terms, conditions, or provisions of this Agreement be construed against either party as the drafter of this Agreement.Execution by Coworking Client:
The party or parties executing this Agreement on behalf of the Coworking Client warrant(s) and represent(s): (i) that such executing party (or parties) has (or have) complete and full authority to execute this Agreement on behalf of the Coworking Client; (ii) that the Coworking Client shall fully perform its obligations hereunder; (iii) the Coworking Client is at least 19 years of age.Covenant and Conditions: Each term, provision, and obligation of this Agreement to be performed by the Coworking Client shall be construed as both a covenant and condition.
Entire Agreement: This Agreement embodies the entire understandings between the parties relative to its subject matter and shall not be modified, changed, or altered in any respect except in writing signed by all parties.
Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
Insurance: Victopia will carry General Liability insurance. As a user, it is strongly suggested that the Coworking Client carry a Renter’s Insurance policy to cover its own equipment while using the premises. That policy may cover the Coworking Client’s current residence/office, as well as the premises of Victopia.
Confidentiality: As a Victopia member it is understood that the business of other businesses is to be respected and therefore what is heard and what is seen at the Victopia Co-working space is not to be shared with anyone neither outside nor inside the Victopia Co-working community.