Legal Agreement: Terms of Service

  1. The following paragraphs outline the terms upon which Finley Chamber of Commerce, Industry and Agriculture (Finley Chamber, Finley Work Space, Us) ABN 13 172 929 537 will grant the Licence to Members(The Licensee, You).

  2. Definitions

    • ‘Commencement Date’ means the date specified in Schedule A.
    • ‘Licence Fee’ means the fee set out in Schedule A.
    • ‘Services’ means those set out in Schedule A and provided by Our Community House.
    • ‘Space’ means your assigned desk and other common areas of the buildings and facilities of Finley Chamber at 223-229 Murray St, Finley, NSW, 2713 and other Spaces added at our discretion from time-to-time.
    • ‘Term’ means the period commencing on the Commencement Date and ending upon termination in accordance with clause 7.


  3. Licence

    • Finley Work Space agrees to supply the Member with the Services and a licence to occupy the Space during the Term for the Licence Fee.

     The Member acknowledges that:

  • It shall occupy the Space as a licensee and that no relationship of landlord and tenant is created between Finley Work Space and The Licensee by this agreement;
    1. b) Finley Work Space retains control, possession and management of the Space and you have no right to exclude us from the Space; and
    2. c) The Licence granted by this agreement is personal to The Licensee and is not assignable to anyone else. The rights given in this licence may only be exercised by The Licensee.


    2.3   Finley Work Space acknowledges that:

    1. a) It is under an obligation to obey any Head Lease for the premises and to notify The Licensee if we receive a breach notice.


    1. The Relationship
    • 1. We agree to communicate if either party feels that they would like to make changes to how the relationship works. Any changes must be in writing and agreed to by both parties.


    • 2. Finley Work Space will use reasonable endeavours to provide the Services to the best of our ability. If we are not meeting your expectations, please let us know so that we can find a way of addressing this.


    • 3. This relationship is between You and Us. It is built on respect, trust and understanding. You cannot assign your membership or use of your desk, office space or any Space to someone else without us agreeing to it first.


    • 4. If Finley Work Space is unhappy with your response to a request proposed in accordance with clauses 3.1, and this difference cannot be resolved within a reasonable time period, Finley Work Space may end the Licence in accordance with clause 7.


    • 5. Finley Work Space reserves the right to relocate your desk position to accommodate the needs of the Space. We will endeavour to keep you where you want to be and to accommodate any moving around that you’d like to do.


    1. Using the Space


    • 1. We ask that you use the Space in a respectful way and:
    1. a) not use the Space for any illegal or noxious purpose;
    2. b) not deface any walls of the Space;
    3. c) not smoke or permit smoking in the building;
    4. d) maintain the Space in good condition (fair wear and tear excepted);
    5. e) fair use of the Space is expected.


    • 2. You are expected to register all visitors in the Finley Work Space portal. This is so we can warmly welcome your visitors to the space and for our own records. Visitors are welcome in meeting rooms and your offices. If your visitors would like to work from the Space for the day, please let us know. Fair use is expected with respect to all public areas, common areas and shared spaces.


    1. Privacy


    • 1. Any confidential information you give us, or we give you, remains confidential. We will not sell or give details about you to other organisations or marketing companies and ask that you do not share our information or the information of other members without their consent. For more information please read: Finley Work Space Privacy Policy.


    • 2. We’re pleased to have you here and we’d like to tell the world! While you are a member with us, we reserve the right to include your organisation’s name and logo on our public facing, signage, website, internal member portal, in digital and physical mail-outs, on social media and in printed material. If, for any reason, you wish for us not to do so, please discuss it with us.


    1. Liability and Insurance


    • 1. We maintain a public liability insurance policy ($20 million limit) that covers the Space and we carry our own contents insurance. You should not assume that our public liability insurance covers your needs.


    • 2. Our contents insurance does not extend to your property.


    • 3. You shall make your own insurance arrangements for your property and employee and shall obtain public liability insurance sufficient to cover your liabilities under this Licence. 


    • 4. We do not provide insurance against your loss of business, loss of income or loss of opportunity. With the exception of injury or death, our liability for any loss, damage, expense or claim is limited to the amount of fees paid by you in the 12 months preceding the date on which the claim in question arises.


    • 5. In the event that you breach the terms of this Licence you will be required to compensate us for any financial losses that we incur.


    1. Termination and Monies Owed


    • 1. Prior to the End of Term
      • 1.1. The Licensee is liable for all monies owed up until the end of the Term.
      • 1.2. In the event The Licensee vacates prior to the end of the Term, they are still liable for all monies owed up until the end of the term.
      • 1.3. In the event The Licensee decides to vacate at the end of the Term, they are required to give one month notice of intention to vacate.


    • 2. After the End of Term
      • 2.1. In the event that The Licensee still occupies the Space after the end of the term and a new licence agreement is not signed, they are required to give one month notice of intention to vacate.
      • 2.2. For example, if on 1st February 2020, The Licensee occupies the Space and a new licence agreement is not signed, they are required to give one month notice of intention to vacate. In this instance The Licensee is required to pay the Licence Fee up to 1st March 2020 before vacating the Space.


    • 3. We may terminate this agreement immediately if any monies due to us remain unpaid for 7 days after you have received an overdue notice in writing from us.


    • 4. We may terminate this Licence if any breach of this Agreement capable of being remedied, is not remedied within seven days of you being given written notice of such breach.


    • 5. When this Licence ends, you must:
      • 5.1. Return the Space to Finley Work Space clean, without damage and in the condition as at the Commencement Date and required by this agreement, having regard to fair wear and tear; and
      • 5.2. Remove your installations, furniture or other property on the premises and make good any damage caused in installing or removing them.


    • 6. If you leave any installations, furniture or other property on the premises after the end of the agreement, unless Finley Work Space and the Member agree otherwise, we reserve the right to recover the costs of removal and making good as a liquidated debt payable on demand.


    • 7. Finley Work Space reserves the right to charge you a reasonable cost of rectifying your failure to make good the Space and comply with this clause 7.



    1. Security Deposit


    • 1. The Licensee must pay a security deposit to the Finley Work Space of the amount stated in Schedule A and must maintain the deposit at that amount.


    • 2. Finley Work Space may use the deposit to make good the cost of remedying breaches of The Licensee’s obligations under this agreement (or any of the events specified in clause 7) and The Licensee must pay whatever further amount is required to bring the deposit back to the required level.


    • 3. As soon as practicable after this agreement has ended and The Licensee has vacated the premises and performed all of its obligations under the agreement, Finley Work Space must refund the unused part of the deposit.


    1. Printing


    • 1. Finley Work Space printing policy allows for the amount set out in Schedule A as inclusive of the licence fee at no extra cost to The Licensee.


    • 2. Colour printing is charged at 10 cents per page. Black and White printing is charged at 5 cents per page for any printing above the allowance specified in clause 9.1 and Schedule A.


    • 3. Finley Work Space will invoice The Licensee for any printing charges at the earlier of:
    • (a) printing charges exceeding $100; OR
    • (b) it has been 6 months; OR
    • (c) The Licensee moves out and the agreement is terminated.


    1. Car Parking


    • 1. Finley Work Space has shared access to the car park at the back of the Finley Arts Network Building at the rear of the building. The Library car park is not available to Finley Work Space members on the days that the Finley Library is open.


    1. Things Out of Our Control


    We understand that sometimes events happen that are out of our control and that such events could stop either party from meeting the terms of the Licence. These include things like strikes, lockouts, accidents, war, fire or the delay or failure in manufacture, production, or supply by third parties of equipment or services. In such cases both parties agree that the other party will not be liable for any delay or failure to comply with the terms of the Licence. We both agree that we will use reasonable endeavours to rectify any failure to comply as soon as possible following the event occurring.