It's about Respect, Trust and Fairness
Like all things these days, we need to be legally responsible. So below is the small print for your consideration. While this is all important, what you should discover from reading these "Terms and Conditions", it's about a level of mutual respect, trust and a fair use of the facilities / services on offer. We want you to benefit and value your membership, so please let me know if we are not measuring up to your expectations.
CEO - Adelaide Hills Business Centre
Table Of Contents
The Adelaide Hills Business Centre is a private entity not funded or backed by Federal, State or Local Government.
These Terms and Conditions apply to all dealings with the Adelaide Hills Business Centre and supersedes, replaces and extinguish all other terms or conditions that you, a corporate or incorporated body may wish to apply in writing or verbally on the Adelaide Hills Business Centre.
The Adelaide Hills Business Centre provides its Services on its terms and conditions as set out below. For the purpose of clarity, this also applies to Federal, State and Local Government departments and / or educational providers both private and government in that any purchase orders stating replacement terms including any counter terms are not accepted by the Adelaide Hills Business Centre and as such all Services shall solely be provided on the terms as set out below without further notice.
1. Definitions and Meanings
- Italicised text is for readability purposes and does not form part of these Terms.
- ‘AHBC’ means the Adelaide Hills Business Centre, 82 Onkaparinga Valley Road Woodside, South Australia 5244.
- ‘Terms’ means the following paragraphs that describes the agreement between the User and the AHBC.
- ‘Member’ means a person of legal age (18 years or older) and who has applied, obtain and maintains Membership with the AHBC.
- 'Non Member' means a person that is not a Member and not entitled to Member's benefits and Fees.
- 'Membership' means a person that has access to Services at Member's rates.
- 'User' is any person that has access to the AHBC and uses the Services.
- 'Visitor' means any person invited by a Member to attend a Centre with the inviting Member. (Sometimes referred to as "Guest" with Facility Bookings)
- 'Plan' means a level of Fair Use associated with a type of plan that the Member maintains. (Memberships may include addition services such as access to Cowork facilities)
- ‘Centre’ means the buildings and contained Facilities maintained by AHBC.
- 'Facilities' or 'Spaces' means specified spaces at the Centres that can be hired.
- 'Provisions' means supply of food, drinks, computer access, printer consumables, Internet use and other items as outlined in these Terms.
- 'Equipment' means AHBC property made available to Users.
- 'Services' means the provision of business related services or products including Events, Programs, Credit Accounts, Cowork Access etc. It does not include SaaS services.
- 'Online Services' mean Services that are offered online by the AHBC.
- 'SaaS' are services associated with "Software as a Service" that Members and Non Members may obtain from the AHBC. SaaS normally include such services as Domain registrations, Hosting, and Google services but are not limited to such SaaS.
- 'Notice' or 'Notification' means the Member informing the AHBC of a change by way of an email sent to firstname.lastname@example.org with confirmation of receipt from the AHBC or were instructed by appropriate online form located on the AHBC's website, www.adelaidehillsbc.com.au.
- 'Booking', 'Booked' or 'Book' means the hiring of certain Facilities at a Centre by a User.
- 'Fee' or 'Rate' means the cost associated with Membership and Services including SaaS. Most fees are published on the AHBC's web site, www.AdelaideHillsBC.com.au.
- 'Invoice' means a "Tax Invoice" that is payable for Services and SaaS provided by the AHBC to the User.
- '24/7' means access to the inside areas of the Centres is 24 hours per day, 7 days a week unless the Centre is closed for maintenance, special events, private booking etc. External grounds are only accessible between 7am to 9pm.
- 'Event' or 'Program' means a scheduled event whereby User and Members can book and attend.
- 'Good Order' means to return Facilities to a clean and orderly state for other to use and enjoy.
- 'Fair Use' means a level of access and usage of the Facilities as outlined in these Terms.
- 'Noise' means a level noise that respects others using the Centre and the community at large. No Public Address or Music systems are permitted in any areas unless prior approval has been granted by the AHBC.
- 'Activities' means Members actions that are legal in nature and associated with business or community activities.
- 'Fob' or 'Access Fob' means a small key ring type device that enables a Member to access the Centres. The Fob will at all times remain the sole property of the AHBC. (You are required to take care of the Fob and you can not issue the Fob to others to use on your behalf. )
- 'Access Code' means the secret code maintained and used by the Member to access Online Services. (Please keep your access code secret at all times and avoid others from accessing your Emails from the AHBC.)
- 'Email' means the email address used by the Member to maintain their Membership. (Your Email address is the one submitted when applying for Membership and should not be used by others on your behalf. You can change your Email address at anytime via the Online Services.)
- 'Credit Account' means an account managed by the AHBC for each Member whereby funds are provided to Member normally associated with grants or government programs.
- 'Credit' means a sum of money that will be held on behalf of the User by the AHBC until it can be credited against a new Invoiced Service for the User.
- 'Refund' means a payment sent to the User using the same method and account details as the payment was received by the AHBC.
- 'Special Conditions' mean a set of special terms that will form part of these Terms as and when implemented by the AHBC or when enforced by law by Council, State of South Australia or the Commonwealth governments.
- All references to the plural shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires.
- Where a clause does not reference a Member or Non Member, then the clause applies to Members and Non Members.
- Irrespective of the Plan held by a Member, access to the Centres may be restricted due to other Events.
- Non Members are normally limited to working days and working hours. (Monday to Friday 10am to 5pm and excluding public holidays)
- Access is restricted for the sole purpose of conducting Activities inline with these Terms.
- Availability of a particular Space or the Centre is not guaranteed. (Please read the section on "Fair Use" for further details and how you can help.)
- AHBC may restrict access to particular User resulting from outstanding payment, elapsed Membership or breach of these Terms.
- Special Conditions of entry may apply due to a natural disaster, epidemic or pandemic. Those that do not follow these Special Condition shall be refused entry or asked to leave.
3. Use of Access Fob, Access Code & Online Services
- Members that have been issues an Access Fob are required to used their Fob to register time of entry and exit of a Centre.
- A Member must not issue their assigned Fob or Access Code to any other Member or person to access the Centre or Online Services using their identity.
- A Member shall NOT mark the Fob or place on a key tag that associates the Fob with the AHBC. (This is in case the Fob is loss.)
- Members must secure and keep safe their Fob and Access Code at all times. Members accept all Invoices initiated by the use of the Fob when accessing a Centre or the Access Code when using Online Services. (Consider your Fob and Access Code as a credit card or the password to a bank account.)
- On losing a Fob, the Member must immediately notify the AHBC to cancel the Fob's access capability. (You can cancel and order a replacement Fob using the Online Services. Click here)
- Users are to respect the right of others at Centre. This includes but not limited to:
- Non smoking including electronic devices inside or outside of a Centre.
- Remove rubbish to a suitable bins provided at the Centre.
- Return any space to Good Order before leaving.
- Clean up any spills or food from table tops, chairs and floor. (Cleaning items are available in the Centre's kitchen.)
- Return cups, plates, cutlery etc to the kitchen and place used items into dishwasher if available otherwise leave items neatly stacked at kitchen sink .
- Noise, music and sounds shall be kept to a suitable level and playing of music shall be restricted to personal headsets.
- Food odours to be minimised. (Those curries do smell great, however not to everyone, particularly when focusing on other things.)
- Be of washed, groomed, neat and clean appearance. (The Centres have shower facilities should you need to neaten up soon after arriving.)
- Remove muddy boats and shoes before entering.
- Other people's personal property must not be touched, moved, relocated, taken or interfered with unless permission is gained from that person.
- Occupancy of Facilities, chairs, table surfaces etc shall be restricted to a personal area as not to intrude or interfere with others.
- Personal food and drinks brought in to a Centre must be removed on leaving the Centre.
- Fuels, dangerous substances or dangerous devices can not be brought to or used at a Centre.
- The use of phones and online communication applications (eg. Skype, Hangout etc) may be used so long as it does not disturb others. (Recommend that long and frequent calls are conducted outside or in another Space not used by others).
- Respectful treatment, language and discussions shall be maintained at all times.
- AHBC supplied consumables such as stationery shall used at the Centre and shared with others.
- Notify the AHBC of any Facilities and / or Equipment damaged. (You can do this online. Click here)
- Users that fail to observe the above conditions and / or Special Conditions will be asked to leave the Centre by the AHBC management or be removed from the Centre. Such actions may result in removing User's Access and Membership termination.
5. Facilities and Equipment
- The AHBC provides and maintain certain Facilities for Users to share. (If we are not meeting your expectations please let us know so that we may address promptly. Click here to send us a message.)
- Some Facilities are only available by Booking. Bookings are secured once the booking appears on the AHBC facility calendar. (Refer to the online booking website pages)
- Cowork and other Spaces are normally available to Users unless otherwise Booked.
- Facilities and Equipment are to be used as intended and not mishandled, abuse or damage. Any User found to deliberately damaged Facilities and/or Equipment will be required to repair or replaced at their cost.
- The AHBC may at various times make access to certain Provisions to Users.
- Users may partake in consuming such Provisions while attending a Centre.
- Provisions must not be hoarded, restricted from others or removed from the Centre without prior consumption or permission by the AHBC.
7. Fair Use
- The AHBC limits the number of Users based on Facilities capacity and a Fair Use by Users.
- Members are to observe their level of Plan access.
- Excluding Facility Bookings, Members may Book up to two Visitors. (If you need to invite additional Visitors consider a room booking)
- The AHBC may limit the number of Visitors, Non Members and Members attending a Centre. (Please respect our decision if we need to make this call)
- Members may adjust their Plan at any time to increased or decrease Fair Use allowance. (You can adjust your Plan by the Member's Online Services. Click here)
- Members that exceed the Fair Use, may be Invoiced the difference between Member's current Plan and the next higher Plan.
- Non Members Fair Use is restricted to the Booking term and Space.
- Fair Use applies to use of WiFi, Printing, Computers, Smart Boards and consumable.
- WiFi / Internet - Emailing, website viewing and online services are considered reasonable use but NOT online gaming, downloading of large files, ongoing streaming of audio or video files.
- Printing - A few pages per visit is reasonable however printing of full coloured photos or large documents is not reasonable. A paid printing, faxing, scanning and binding service is available.
- Computers - Computers are available for Users to hire. See Rates.
- Smart Boards / White Boards - Boards may be used by members so long as they do not limit, interfere or restrict others Users.
- Consumables - Pens, paper etc are for use while at the centre and not intended to be removed unless consumed. Eg, Pens and unused portions of pads should be returned for others to access and use.
8. AHBC, Members & Membership
- The relationship between AHBC and Users shall be maintained on a basis of respect, trust and understanding.
- AHBC will endeavour to provide Services as promoted to its best ability for its Users. (If we are not meeting your expectations please let us know so that we may address promptly. Click here to send us a message.)
- A Member cannot re-assign their Membership to another person. (The membership must be cancelled and a new membership created.)
- A Member can cease their Membership at any time before the next renewal date via the Online Service.
- Members must provide Notice regarding any change or request to avoid any misunderstanding. (If provided, use the online forms via the AHBC website otherwise send an email to email@example.com)
9. Membership Renewal, Cancellation & Termination
- Membership is offered based on the applicant's legal age (18 years or older), you are of good character / reputation and connection with the Adelaide Hills and / or neighbouring regions.
- Membership renewal notice are emailed to the Member as to providing the Member with ample opportunity to adjust Plan and / or to cancel their Membership.
- Membership renewals occur on the membership anniversary whereby an invoice is emailed to the member for payment.
- Membership not renewed occurs when member fails to pay the renewal invoice by the due date. Membership is cancelled and all Services are terminated excluding current SaaS.
- Membership Fees are paid in advance and continue until the Member cancels their Membership using the online form or non-payment. (You must change your plan online. Click here)
- Members can cancel their Membership and associated Plan at any time during the billing cycle.
- Cancellation of membership takes immediate effect and all Services provided by the AHBC will terminate immediately excluding current SaaS services. (To cancel your membership. Click here)
- Member's details must be maintained by the member particularly the contact Email address. Click here to update details.
- Member's Plan can be updated at any time. An adjustment or new Invoice may be supply subject to the change request. (To change your Plan, Click here)
- Suspending Plan is achieved by moving to a lower Plan or removing the Plan from the Membership. Any payment adjustment will occur in the next billing cycle. See Change Plan for further details.
- Credit Accounts with residual funds are not paid out to Members on cancellation or termination of Members.
- No Refunds or Credits are provided due to an early cancellation or change of a Plan.
- Members without a Plan are required to purchase Visitor's Passes to access the Centre for Coworking.
- The AHBC may terminate a Member's Membership and SaaS immediately at its sole discretion. The person associated with the terminated Membership has no claim on the AHBC. (If the respect is lost or your actions are treated as interruption to others we will terminate our relationship with you.)
- Termination of Membership held by a Member or Members shall occur if AHBC determines that the Members has not complied with these Terms or Special Terms, exceed 30 days on any outstanding Invoice payment, acted with malicious intent or physically attacked / assaulted others connected with the Centre including but not limited to Members, Visitors and User.
SaaS services such as Google G Suite, Domains registrations, Domain Hosting etc is managed separately by the User (Account Owner) via the appropriate online dashboard for the online services. Addition terms apply for the provision of Domain registrations, hosting services and Google G Suite. Refer to FAQ for SaaS terms on Domains, Hosting and G Suite.
- Personal, business or bank cheques are not an acceptable form of payment.
- Overdue accounts (Non payment on or before the Due Date) may be charged a $20 account processing fee for every month overdue with any discounts (Member's rate or special offers) removed and adjusted to the full rate.
- The "Due Date" for payment is within 7 days of the Invoice date or as specified on the Invoice.
- On Termination of Membership and as outlined in section 9, all Invoiced services after the Termination date shall revert to Non Member's fees and payable in full within 7 days of Termination including any deferred and extended payment periods as outlined in section 10.8.
- All cost to recover unpaid Invoices or other fees will be at the User's or Customers expense.
- Funds in the member's Credit Account may be applied in full or in part to Credit a Services Fee acquired by the Member. The allocation of any Credits are determined by the AHBC.
- Deferred and extended payment terms may be applied for by Members with limited cash flow and funds to cover the full Invoice value. Approval of deferred and extended payments terms must be approved by the AHBC.
11. Credit Accounts
- Credit Account funds offset certain specified Invoiced Services as outline on the AHBC website when engaged by Members.
- Credit Account funds may result from external funding bodies, industry groups, government grants or as an incentive by the AHBC for its members.
- Credit Account funds may be supplied to certain members and in varying amounts and at the sole discretion of the AHBC.
- Supplied Credit Account funding may have a 'use by date' and if not used by that date, funds may be removed from the Member's Credit Account.
- The Credit Account fund has no cash out value and may only be applied to specified Services as outline on the AHBC website. (For specified services - Click here)
- There is no requirement for the AHBC to retain Members Credit Account funds.
- Funds in a Credit Funds are surrendered on membership termination, cancellation, non participation, or non renewal as outlined in section 9.
12. Bookings, Programs, Events, Access and Services
- A Fee applies at time of booking an Event, Program or Service and payable on issued Invoice.
- Credits for cancelled Facility Bookings are only provided when the specified notice period is provided as outline on the AHBC website.
- Rescheduling of Facility Bookings are only provided when the specified notice period is provided as outline on the AHBC website.
- All Facility bookings, cancellations and rescheduling must be complete online by the User otherwise a non-refundable fee may apply to requested changes.
- A fee may apply if an area is not returned to Good Order after a Facility booking. (Fee covers the cost of cleaning, repairs and impact on other bookings)
- No Refunds or Credits are provided after an Event Booking or Program enrols unless the Event or Program is cancelled by the AHBC.
- Visitor's fees apply to all Non Members and Members that do not have a Cowork Plan or for Members that exceed their Cowork Plan Visitor quota as outline on the AHBC website.
- Members may invite others to join them at specified times and durations as outline on the AHBC website. (Visitor's Passes are purchased online.)
- Access to external areas of the Centre are restricted between as outline on the AHBC website with noise levels restricted to normal talking voice level.
- Public Address Systems and other sound equipment are not permitted unless prior approval is granted by the AHBC.
13. Software As A Service (SaaS)
- Payment associated with renewals of SaaS services such as Google G Suite, Domains registrations, Domain Host etc are due by the renewal date as stated on the AHBC invoice.
- If payment are not received by the renewal date, the SaaS service will be terminated.
- The User and owner of such SaaS services assumes full responsibility for any lost or damage associated with their failure to maintain the SaaS services
- It is the User's responsibility to ensure all SaaS profiles, contact details and billing details are maintained and current to avoid lost or closure of service.
- The AHBC will not assume responsibility for the User's failure to maintain their SaaS services in accordance to the providers terms. Links to Domain and Google G Suite Terms are located on the FAQ web page.
If you have forgotten your username and / or password, refer to our FAQ section on recovery methods.
14. Liability and Insurance
- The AHBC contents insurance does NOT extend to Members or Users property. (If you hire a locker, be aware that the Centre do not cover the contents of your locker for loss or damage)
- At no time or for any reason will the AHBC be liable for User's loss of business, loss of income or loss of opportunity.
- The level of quality and availability of internet services and other supplied services is not guaranteed by the AHBC.
- Any discussions or shared information provided between Users at Events, Programs and other services are considered to be of a general nature and should not be taken as advice to act upon. User agrees that the AHBC and its third parties are not able to fully assess the Users personal situation or business needs and as such the AHBC and its third parties will not be liable for the Users actions. Users are therefore recommended seeking professional advice before taking any action in regard to any discussions or shared information.
- The AHBC will only be liable to Refund or Credit payment in relationship to the services or items being claimed. Claims for Membership fees exceeding the preceding 3 months from date of Notice will not be considered by the AHBC.
- The AHBC will not be liable for any action of any type including cancellation and closures associated with Special Conditions.
15. Out of AHBC's Control
- User agrees when events happen outside the AHBC's control such as Force Majeure, Fire, Strike, Accident, Natural Disaster, Epidemics, Pandemics, Special Conditions or the inability to supply due to third parties failure then the User relieves the AHBC of its obligations and is not liable for any delay or failure to meet its obligations. The User and the AHBC agree that it will endeavour to meet such obligations as soon as possible after such an event occurring.
- The User agrees that the AHBC may elect to cancel Events, Programs or other scheduled services as a result of a few enrolments or the inability to facilitate. In such situations, Users will be Refunded or Credited the amount paid by the User for the set service.
- The User acknowledges that the ABHC reserves the right to change, modify or update these Terms, Fees and services as the AHBC sees fit.
- Any such changes will be made with reasonable notice via email or the AHBC's website www.adelaidehillsbc.com.au.