The following agreement govern all use of the hellodesk.org, hellodesk.com websites (referred to as the Website) and all content, services, access to office space, work stations, internet access, office equipment, conference space, knowledge resources, and other services as Hellodesk may provide from time to time (collectively, Services).
Hellodesk is owned and operated by Hellodesk, Inc, a Delaware Corporation (referred to as Hellodesk). The Website and the Services Hellodesk offers are subjected to your acceptance of this agreement (henceforth called, the Agreement), without any modifications of all of the terms and conditions contained herein, all other operating rules, policies and procedures that may be published from time to time on this Website.
Please read this Agreement carefully before accessing or using the Website or joining as a member. By accessing or using any part of the Website or by signing up as a member, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any membership services. If these terms and conditions are considered an offer by Hellodesk, acceptance is expressly limited to these terms. The Website and the membership are available only to individuals who are at least 13 years old.
Terms of Use
1. Acceptance of Terms
The services Hellodesk provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms of Use ("TOU").
Hellodesk reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Website, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of Hellodesk Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
2. Membership Details
You are subscribing to the membership plan at Hellodesk shared workspace as mentioned in Appendix A of this agreement. All memberships, except for Dedicated Office membership, are month-to-month and require a minimum of two-month commitment unless a different minimum term is explicitly specified in Appendix A. Dedicated Office memberships require a minimum of 12 months commitment unless a different minimum term is specified in Appendix A.
All memberships, and add-on require you to pay the first & last month of membership dues at the time of signup. If you indicated to us that you would like to get a Virtual Office membership add-on, our team would add it to your membership, and a new invoice totaling the first and last month of add-on value will get charged to your card on file. Subsequently, the credit or debit card you have on file with Hellodesk will get charged for the total monthly amount (the membership + the add-ons) on the eve of the billing day each month as an automatic recurring invoice until a membership is cancelled.
Membership fee is due on the billing date and is automatically collected by our payment processing system by charging the credit or debit card on file in your account. If the card gets a decline, our payment processing system automatically tries it 3 times within certain period until the charge is successful. Your account is past due if a payment is not received by the billing date in a month. Account that are more than 20 days past due are at a risk of cancellation of the membership any time. Once a past due membership is cancelled due to non payment, it cannot be reinstated for the next two billing cycles.
3. Cancellation: All memberships require a minimum of one month's notice for cancellation. This notice period month starts on your next billing date from the date when you make us aware, in writing, of your intentions to cancel your Hellodesk membership. If your membership agreement has a minimum term, you are required to pay your membership dues for each month of the specified minimum term, even if you choose to cancel your membership on a date before your minimum term is over. Hellodesk reserves the right to cancel your coworking membership at any time with or without notice if it is found necessary for any reasons.
We are a membership-based business, and all of our monthly expenses are paid from membership dues that we receive on members billing dates. Due to this, we cannot offer any refunds for the membership dues that are already processed. We reserve the right to make an exception to this rule in specific circumstances to be fair to our members.
4. No Tenancy
Hellodesk provides co-working services on an "as is" basis as a service and not as a lease of real property, and disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law. Additionally, Hellodesk operates the coworking space under a lease agreement with the building landlord, and this membership agreement and the associated terms are subjected to change based on any situation that may arise due to the commitment governed by the lease agreement.
You hereby understand, agree and warrant that you are not a tenant and the Company is not a landlord, and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by any authority. You also understand that this agreement and terms and conditions also depend on a master lease agreement between Hellodesk and the building owners.
5. No Residency
The Co-Working Space is a commercial facility. Using the location or your membership for the purpose of establishing a personal residence is not permitted. You hereby understand, agree and warrant that you are not a residential tenant at the Co-Working Space.
6. No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Hellodesk server, or the network(s) connected to any Hellodesk server, or interfere with any other partys use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Hellodesk server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
7. Use of services
You agree that when participating in or using the Services, you will not:
Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Hellodesk Services;
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of anothers computer or property of another;
Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
Restrict or inhibit any other user from using and enjoying the Services;
Violate any code of conduct of other guidelines which may be applicable for any particular Service (including the Building Rules for 419 Webster St. building);
Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
Violate any applicable laws or regulations; and
Create a false identity for the purpose of misleading others.
8. Hellodesk reserves the right at all times to disclose any information about you, your participation in and use of the Services as Hellodesk deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hellodesks sole discretion.
9. Confidentiality
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. Confidential Information shall mean all information, in whole or in part, that is disclosed by Hellodesk, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. ??Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Hellodesk, any analyses, compilations, studies or other documents prepared by Hellodesk or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential. Your participation in and/or use of the Services obligates you to maintain all Confidential Information in strict confidence; not to disclose Confidential Information to any third parties; not to use the Confidential Information in any way directly or indirectly detrimental to Hellodesk, or any participant or user of the Services.
All Confidential Information remains the sole and exclusive property of Hellodesk or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Hellodesk, or any participant or user of the Services.
10. Participation In or Use of Services
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Hellodesk does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
11. Virtual Office Service
Hellodesk provides a virtual office service to its members as an add-on package. If you use the Hellodesk Virtual Office service, you should see an add-on addendum at the end of this agreement once it is added. If you have opted to get a Virtual office add-on, you agree to use the service responsibly and not misuse it. As a part of this service, you can use the address for your business. You agree to pick up your incoming mails at regular intervals from the designated incoming mail area.
12. Disclaimer of Warranties
To the maximum extent permitted by applicable law, Hellodesk provides the services as is and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
13. Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall Hellodesk or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Hellodesk, and even if Hellodesk has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
14. Limitation of Liability and Remedies
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Hellodesk or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. Termination
Hellodesk reserves the right to terminate any Service at any time. Hellodesk further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.
16. Indemnification
You release, and hereby agree to indemnify, defend and save harmless Hellodesk and Hellodesks subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys fees and costs incurred by Hellodesk or its respective officers and agents in connection with the defense of such claim or lawsuit.
17. Severability.
In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
18. Insurance.
Hellodesk will carry General Liability insurance. As a member user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Hellodesk.