General Terms and Conditions

 Application of these Terms and Conditions

 

1. Membership Agreement 

These Terms and Conditions are to be read in conjunction with the Membership Form and these together will constitute the agreement between the parties. Any variations stated in the Membership Form will take precedence over these standard Terms and Conditions. The Member acknowledges that by signing the Membership Form, these Terms and Conditions have been read and are understood and accepted. Membership is not transferable and the Primary Contact may only be replaced with our written consent.

2. Application of Names

High Street Offices, will be referred to as “we” in these Terms and Conditions as appropriate. The individual or company named in the Membership Form is the member and will be referred to as “you” or “the Member”.

3. Membership Categories and Services

This agreement relates to membership of the type and for the term set out in the Membership Form. At our discretion, we may offer a range of membership categories and services, including at the date of these Terms and Conditions, Permanent Desk and Hot Desk Membership. Any additional special terms and conditions which apply to any of those categories, are either stated in the Membership Form or will be separately notified to the Member. 

(a) Membership Term and Renewal

The membership term is as stated in the Membership Form. Membership continues until:

(i) In the case of monthly memberships, one month following the notice in writing by one party to the other of intention to terminate the membership.

(ii) In the case of fixed term memberships, the End Date set out in the Membership Form.

The Member must send written confirmation of non-renewal to High Street Offices no later than 30 days before the End Date. If this notice is not given then the membership term will be automatically renewed for the same period as the initial term.

(b) Termination by High Street Offices for non-payment

Termination by High Street Offices for breach in accordance with Clause 21 below. Any prepaid rent paid by the Member may be offset to unpaid rental invoiced for the notice period.

(c) Commencement of Membership

Membership shall commence upon performance of al of the following:

(i)        Membership Form completed for all sections.

(ii)      For individual members and Primary Contacts:

  • Providing proof of identity in the form of either a valid driving licence or current passport.

  • First invoice paid to High Street Offices with confirmation that payment has been cleared.

  • Direct Debit Authority completed, signed and lodged with High Street Offices.

  • Any additional specific terms as accepted and acknowledged in writing or by e-mail confirmation.  

4.  Services

High Street Offices provides members with access to office and other services, as specified in each Membership category, including but not restricted to, access to the internet, printers and reception support (Services). You acknowledge that some of these Services are provided to High Street Offices and/or you by third parties, and, although High Street Offices will use its reasonable endeavours to ensure that these services are available to members and/or are provided to a satisfactory standard, High Street Offices cannot and does not give any warranty, representation or guarantee as to the availability or level of performance of any such service. 

5. Modifications to Membership and Services

High Street Offices reserve the right to modify or discontinue all or part of the membership or Services, temporarily or permanently, with or without notice to the Member, and is under no obligation to support or update the Services detailed above. Any amendment to the Terms and Conditions shall be effective immediately following e-mail notification to You. You acknowledge and agree that we shall not be liable to you or any third party if we exercise our right to modify or discontinue all or part of the Services. In the case of monthly memberships, we reserve the right, in our sole discretion, to change High Street Offices’ pricing upon 30 days' notice being given to members by e-mail notification.

6.  Membership Payments and Credit Policy

A Membership monthly fee is due and payable in advance on the 30th day of the preceding month, for which an auto-generated invoice will be issued by High Street Offices.  All amounts payable are exclusive of Goods and Services Tax (GST). Payment must be paid by Direct Debit from your nominated Bank Account. Standard monthly charges for other services provided as part of your membership may be included in the invoice issued. Where payment of any invoice is not made by the due date, a first payment default notice will be issued to the Member. The total outstanding (including default interest) must be paid within seven days of receipt of the default notice. This notice will be issued by e-mail or in writing and will be deemed to have been received by the member on the date it was sent. If payment is not received in full within seven days of the default notice being sent, then a second 48 hour default notice may be issued which may result in all membership privileges including access to High Street Offices being revoked. High Street Offices reserve the right in its sole discretion to terminate membership for non-payment. In the event of any default, a Member on a fixed term membership will be immediately required to pay for the balance of the Term. This applies whether or not this agreement is terminated.

7.  Monthly charges for Ancillary Services provided by High Street Offices

(a) All charges for Services used which are not included in the Membership fee will be invoiced to you by High Street Offices normally on a monthly basis following month end. Payment for these ancillary charges must be paid on 30th of the month of invoice, or the first working day following the 30th of the month. Payment will be by Direct Debit from your nominated Bank Account. 

(b) Payment default for ancillary charges should payment of the ancillary charges not be honoured on the date they fall due, a first payment default notice will be issued to the member together with an invoice for a late payment fee. The total of the payment default and the fee must be paid within seven days of receipt of the default notice. This notice will be issued by e-mail or in writing and is deemed to have been received by the member on the date it was sent. If payment is not received in full within seven days of the default notice being sent, then a second 48 hour default notice may be issued which may result in all membership privileges, including access to High Street Offices being revoked.

8. Cancellation

(a) Both parties reserve the right to amend or cancel bookings.

(b) No fee shall be payable where a booking request has not been approved by High Street Offices.

(c) In the event that the reserved desk or meeting room is not utilised nor cancelled for the booked period, the full rate shall be payable.

(d) You/the Member are entitled to cancel the booking at any point prior to the booking start time, by either cancelling the booking using the online booking system or contacting High Street Offices by telephone or in person.  A booking is deemed cancelled once a cancellation confirmation has been received by you/the Member. 

(e) All cancellations are subject to the following cancellation policy. 

(i) For a cancellation less than 48 hours before the start time of the booking, 100% of the fee shall be payable. 

(ii) No fee shall be payable for a cancellation more than 48 hours before the start time of the booking. 

(iii) You/the Member shall be notified of the charge to be applied for the cancelled booking at the time the cancellation is made.

(f) It is the responsibility of you/the Member to ensure that any space booked on or over a public bank holiday is cancelled in accordance with clause 8(e) above. 

9. Penalty Interest and Collection Charges

High Street Offices reserve the right, in their sole discretion to charge penalty interest for overdue payments of 20%. In the event that any unpaid member account and charges as detailed above is referred to a collection agency or lawyer, all costs of collection will be payable by the Member. 

10. Disputed Charges

No disputes for charges invoiced by High Street Offices will be recognised by High Street Offices unless notification is made by e-mail to hello@highstreetoffices.co.nz within five working days of issue of invoice. The disputed amount will be set aside until the dispute is resolved. In the interim, the undisputed portion of the relevant invoice must be made in accordance with the payment procedure detailed in Clause (6) above.

11. Space – common areas

High Street Offices will provide a variety of workspaces with additional rights and obligations specific to the terms of each Membership category. We have designed the common spaces so that anyone visiting should be able to find a seat and, most of the time, we hope that members will be able to use the common space immediately around them; however, please avoid occupying more than one seating location at any one time and if you leave a common space, please do not try to reserve it.

12. Business Address and Mail

Depending on the Service(s) chosen by you, you may be entitled to use High Street Offices’ business address as your registered office, address for service or other business address. You will not in any way use or combine our name, in whole or in part, for the purpose of trading activities. Mail will be delivered to our resident mail tray unless we have agreed otherwise with you.

In such case:

(a) You will be responsible for all resulting forwarding and service charges;

(b) Neither we nor our agents shall be responsible for any delay or loss of mail during the forwarding process;

(c) We will not be liable for any loss sustained as a result of any mechanical breakdown, strike, delay or failure of any staff, manager or caretaker to perform their duties;

(d) We reserve the right not to accept any items that exceed a reasonable size;

(e) We are entitled in our absolute discretion to return uncollected items or refuse to accept any quantity of items we consider to be unreasonable or unlawful; and

(f) On termination of your membership, you agree that all mail thereafter will be marked by us as Return to Sender, and no further mail or deliveries will be made or accepted by us.

(g) If any parcel, chattel, packet or other object other than mail addressed to the Member is delivered to the premises, we have no responsibility or liability if you or the sender fail to remove the same within one month of receiving notice from us of receipt of such item.

13. Internet Connectivity and Security

High Street Offices’ broadband and/or High Street Offices’ services may only be used for lawful purposes in accordance with all laws, statutes and regulations in force from time to time in New Zealand. You may not use High Street Offices’ broadband and/or High Street Offices to send, receive, store, distribute, transmit, post, upload or download any materials or data which:

(a) violates any law;

(b) is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment;

(c) is or may be harmful to minors; promotes or encourages illegal or socially unacceptable or irresponsible behaviour;

(d) is in breach of any third party rights (including any third party intellectual property rights); has any fraudulent purpose or effect or involves you impersonating another person or otherwise misrepresenting yourself as the source of any communication;

(e) damages or may damage our name and/or reputation or the name and/or reputation of our sub-contractors or agents.

Finally, you must not to divulge the wireless password to guests under any circumstances, as this compromises the security of the network.

14. Usage

You agree that you will not use any of the business address for any obscene, illegal, immoral or defamatory purposes and will not in any way bring High Street Offices into disrepute. Although we aim to offer excellent business services, all services are offered on a reasonable use basis. Please be mindful of other members when using High Street Offices.  High Street Offices reserve the right to charge additional fees where usage is deemed to be excessive or unreasonable.

15. Code of Conduct

We may from time to time publish and update on the website a code of conduct (Code of Conduct). You must observe the Code of Conduct.

16. Guests

You can bring up to 3 guests at any one time, or more if you arrange it with us beforehand. You must let Reception know in advance of guests' names, and guests must sign in. You will be responsible for your guests' behaviour under all circumstances and we reserve the right to exclude a guest or ask them to leave at our sole discretion and without explanation.

17. Telephone Etiquette

High Street Offices allow members to make telephone calls within the premises on their mobile phones; however, members are asked to:

(a) set the phone's ring volume to silent, or the lowest effective ringing volume;

(b) answer phone calls promptly and not leave active phones unattended; and

(c) respect their fellow members' right to a civilised working environment by talking as quietly as possible.

Any member persistently ignoring these guidelines may be immediately barred from High Street Offices.

18. Lobby Terms

High Street Offices will operate its own version of lobby terms. 'Lobby terms is an expression describing the code of honour between Members of Parliament and journalists accredited to Parliament. It is a gentleman's agreement that, unless agreed otherwise, matters raised in conversation between members and guests, or overheard by another member, are not to be used for commercial or journalistic purposes. Any member breaching lobby terms may be liable to expulsion with immediate effect.

19. Images and Video - Release

Members consent to High Street Offices using their names, likeness, image and/or voice in any legitimate form of promotion/update/notices. Sources will be used by High Street Offices alone and not be used or sold by a third party. Images include those taken at any function or event held or hosted by High Street Offices.  Members also consent to High Street Offices allowing filming on the premises from time to time.

20. Member Property

Any member who wilfully removes, damages, or destroys any article or property belonging to High Street Offices, to its members or to guests on the premises will be liable to immediate expulsion. Any destruction, damage or theft shall be paid by the member, and will be debited from the member's bank account by Direct Debit, subject to a 30 day period during which a member may present an explanation or dispute the claim.

21.  Disciplinary Procedure and Termination of Membership

(a) If you do any of the following, then we can, at our sole discretion, terminate your membership in writing or by e-mail notification with immediate effect:

(i) infringe these Terms and Conditions or breach the Code of Conduct;

(ii) be obnoxious to another member;

(iii) be considered guilty of misconduct; or

(iv) bring High Street Offices into disrepute.

(b) Conduct warranting immediate membership termination may include, but is not limited to:

(i) disruptive behaviour, including loud and intrusive meetings or use of phones;

(j) violent or abusive behaviour; and

(k) the communication of information concerning High Street Offices’ members or their guests' affairs in High Street Offices to the media.

(c) We may evict or exclude any member or guest whose behaviour we consider to amount to misconduct. High Street Offices reserve the right to exclude any member or guest whether for a fixed period of time or permanently without stating a reason.

(d) Any member that is permanently barred from High Street Offices as a result of a breach of these rules will be liable for payment of monthly fees until the End Date as stated in the Membership Form. Such fees and any other costs relating to termination or non-payment will be payable on demand to High Street Offices following issue of termination notice and invoice in accordance with clause (6). 

22. Complaints

Members' complaints shall be put in writing to us and will be fully considered, if necessary, by us.

23. Suggestions

We welcome all suggestions, which can be made by writing to hello@highstreetoffices.co.nz.

24. Disclaimer

High Street Offices shall not be liable for any damage to or loss or theft of any member's personal property while on the premises. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded. Also, we cannot accept and hereby exclude any liability for any indirect or consequential losses or for any of the following types of loss (in each case whether direct or indirect) suffered or incurred by a member arising out of any failure by High Street Offices to comply with these rules or in relation to the operation of High Street Offices, including without limitation any unavailability or poor performance of any of the office services:

(a) loss of profit;

(b) loss of revenue;

(c) loss of anticipated savings;

(d) loss of business, opportunity or contract;

(e) loss of goodwill; and

(f) loss of or corruption to data.

If, notwithstanding the foregoing, High Street Offices are liable to any member whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any reason arising out of the operation of High Street Offices, our liability shall be limited in any calendar year to an amount equal to the annual membership fees paid by such member in such year.

25. General

Our facilities are available to some members 24 hours, seven days a week; however business hours are defined as 8.30 am to 5  pm Monday to Friday, excluding bank and public holidays. Any notice required to be given under this agreement can be given by e-mail.

26. Governing Law

This agreement shall be governed by the law of New Zealand and New Zealand Courts shall have exclusive jurisdiction in respect of any dispute between a member and High Street Offices arising out of or in relation to it.

27. Privacy Act and Privacy Policy

All information that you give us will be kept confidential and only used for purposes which you have agreed to or in respect of which you have otherwise given us permission. We will use the information you provide to us to:

(a) arrange and provide the Services;

(b) keep in contact with you;

(c) invoice and arrange payment of the price for the Services;

(d) with your permission, keep you up to date with information about services provided by us and our partners and providers;

(e) with your permission, send you information we think you may find useful, including information about new products and services we may be offering, or plan to offer.

We may disclose aggregate statistics about our members in order to describe our services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifying information. We may disclose personal information if required to do so by law or if we believes that such action is necessary to protect and defend the rights, property or personal safety of High Street Offices or any member. We place great importance on the security of all personally identifiable information associated with our clients, partners and providers. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information data under our control. While we cannot ensure or guarantee that loss, misuse or alteration of data will not occur, we use our best efforts to prevent this. You have a legal right to a copy of all the personal information we hold about you. You also have a right to correct any errors in that information. You have a right to prevent us using your personal information for direct marketing purposes.