Terms & Conditions

 

We are delighted to welcome you into the Flex Collective community. This service is operated by The Flex Collective Limited (us or we or the Company) and the following are the terms and conditions governing your use of and access to our Co-Working and Meeting Room Facilities and associated services.

  1. Definitions

          In these Conditions the following words have the following meanings:

  • Agreement: these Conditions together with your online booking and any associated order form from time to time.
  • Conditions: the standard terms and conditions set out in this document.
  • Customer or You: the person named in the Order as the Customer or customer.
  • FlexSpace: the office, co-working or meeting accommodation provided by Us to You from time to time.
  1. General Agreement
  • Nature of the Agreement: At all times, each FlexSpace remains in Our possession and YOU ACCEPT THAT AN AGREEMENT CREATES NO TENANCY INTEREST, LEASEHOLD ESTATE OR OTHER REAL PROPERTY INTEREST IN YOUR FAVOUR WITH RESPECT TO THE ACCOMMODATION. Occupation by You is the commercial equivalent of an agreement for accommodation in a hotel. We are giving You the right to share the use of the FlexSpace with Us and other clients.
  • Availability: If for any reason We cannot provide the services or accommodation in the FlexSpace stated in an agreement, We will have no liability to You for any loss or damage but You may either move to one of Our other FlexSpaces (subject to availability), delay the start of the Agreement or cancel
  • Services: We will provide services to you either on an ad hoc or membership subscription basis. The prices of each will be provided on Our website and updated from time to time.
  • Membership Terms: All membership agreements will renew automatically for successive periods equal to the current term until brought to an end by You or Us. All periods shall run to the last day of the month in which they would otherwise expire. The fees on any renewal will be at the then prevailing rate set out on Our website. If You do not wish for an Agreement to renew then you can cancel it easily by giving us 14 daysprior Notice must be given either through your online membership account or by email to jayne@theflexcollective.co.uk We may elect not to renew an Agreement. If so, We will inform You by email or Your online account, according to the same notice periods provided for in this clause 2.4. Any Flexspace booking made under a Membership Agreement is subject to clause 2.6
  • Ad Hoc Terms: Ad hoc bookings outside of a membership agreement are payable in advance and any such booking is subject to clause 6
  • Booking & Cancelling Your Flexspace: Bookings for Flexspace, whether You have a membership agreement or whether You are booking on an ad hoc basis, will be subject to the following conditions:
    • any desk booking must be made at least 48 hours in advance and can only be cancelled at least 24 hours prior to the booking taking place;
    • any private meeting room booking must be made 14 days in advance and can only be cancelled at least 7 days prior to the booking taking place;
    • any booking may only cancelled or varied (for any reason) and in accordance with clauses 6.1 and 2.6.2 by using Our website or contacting Us by email with a minimum of 7 days’ notice prior to the day of the booking;
    • bookings can be made outside of the notice periods specified in clauses 6.1 and 2.6.2 but acceptance of such bookings will be entirely at Our discretion and subject to availability; and
    • any desk booking or meeting room booking will not be deemed to be accepted until payment is received in full and You have received our confirmation of that booking.
  • If You or any of Your party are unwell: We regret that we are unable to accommodate any member of Your party that is unwell. If You or any of Your party have any symptoms of illness then please advise Us as soon as possible. The cancellation provisions and notice periods specified at clause 6 will still apply.
  • If the FlexSpace is no longer available: In the event that We are permanently unable to provide the services and accommodation at the FlexSpace stated in an Agreement, We may be able to offer You accommodation in one of Our other FlexSpaces. In the unlikely event we are unable to find an alternative accommodation that is acceptable to You, Your Agreement will end and You will only have to pay monthly fees up to that date and for any additional services You have
  • Ending an Agreement: We may terminate an Agreement immediately by giving You notice if (a) You take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with Your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of Your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or (b) You suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of Your business; or (c) Your financial position deteriorates to such an extent that in Our reasonable opinion Your capability to adequately fulfil Your obligations under the Agreement has been placed in jeopardy or (d) You breach one of your obligations which cannot be remedied, or which We have given You notice to remedy and which You have failed to remedy within 14 days of that notice; or (e) Your conduct, or that of someone at the FlexSpace with Your permission or invitation, is incompatible with ordinary office use and, (i) that conduct continues despite You having been given notice, or (ii) that conduct is material enough (in Our reasonable opinion) to warrant immediate termination; or (f) You are in breach of the “Compliance With Law” clause below. If We put an end to an agreement for any of the reasons referred to in this clause, it does not put an end to any of Your financial obligations, including, without limitation, for the remainder of the period for which Your agreement would have lasted if We had not terminated
  • When an Office Agreement ends: When an agreement ends You must vacate Your accommodation immediately, leaving it in the same state and condition as it was when You took Upon Your departure or if You choose to relocate to a different room within a FlexSpace, We will charge a reasonable (and we will determine what is reasonable at our sole discretion) office restoration service fee to cover normal cleaning and any costs incurred to return the accommodation to its original condition and state. We reserve the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. If You leave any property in the FlexSpace, We will store it in with our lost property and make reasonable attempts to return it to You are Your cost. If the item remains unclaimed in our lost property for a prolonged period We may, at Our discretion, dispose of it at Your cost in any way We choose without owing You any responsibility for it or any proceeds of sale. If You continue to use the accommodation when an agreement has ended, You are responsible for any loss, claim or liability We may incur as a result of Your failure to vacate on time.
  1. Fees
    • Payment: We will send all invoices electronically and You will make payments via an automated method such as Direct Debit, Bank Transfer or Credit Card.
    • Taxes and duty charges: All amounts payable by You under Your Agreement are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Agreement You shall, pay such additional amounts in respect of VAT as are chargeable on the supply of the services at the same time as payment is due for the supply of the services
    • Late payment: If You do not pay fees when due, interest will be charged on all overdue balances at a rate of 5% above the rate of the Bank of England from time to time. If You dispute any part of an invoice, You must pay the amount not in dispute by the due date or be subject to late We reserve the right to withhold services (including for the avoidance of doubt, denying You access to the FlexSpace where applicable) while there are any outstanding fees and/or interest, or You are in breach of an agreement.
    • Insufficient Funds: Due to the additional administration We incur, You will pay any reasonable fees for any returned or declined payments due to insufficient funds.
    • Indexation: If an agreement is for a term of more than 12 months, We will increase (but never decrease) the monthly fee on each anniversary of the start date in line with the change in retail prices index for the equivalent period.
    • Membership Fees: Monthly fees, plus applicable VAT, and any other services requested by You are payable monthly in advance. Where a daily rate applies, the charge for any such month will be 30 times the daily fee. For a period of less than one month, the fee will be applied on a daily
    • Ad Hoc Services: Fees for pay-as-you-use services, plus applicable VAT, are payable on or before the time of use at our standard rates which may change from time to time and are available on request or on our website.
  • Use of the FlexSpaces:
    • Business Operations: You may not carry on a business that competes with Our business of providing serviced offices and flexible working. You may not use Our name (or that of Our affiliates) in any way in connection with Your business. You are only permitted to use the address of a FlexSpace as Your registered office address if it is permitted by both law and if We have given You prior written consent (given the administration there is an additional fee chargeable for this service). You must only use the accommodation for office business purposes. If We decide that a request for any particular service is excessive, We reserve the right to charge an additional fee. In order to ensure that the FlexSpace provides a great working environment for all, We kindly ask you to limit any excessive visits by members of the
  • Care of the FlexSpaces
    • Alterations or Damage: You are liable for any damage caused by You or those in the FlexSpace with Your permission, whether express or implied, including but not limited to all employees, contractors and/or agents.
    • IT Installations: You must not install any cabling, IT or telecom connections without Our consent, which We may refuse at our absolute discretion. As a condition to Our consent, You must permit Us to oversee any installations (for example, IT or electrical systems) and to verify that such installations do not interfere with the use of the accommodation by other clients or Us or any landlord of the building. Fees for installation and de-installation will be at Your cost.
    • Use of the Accommodation: An Agreement will list the accommodation We initially allocate for Your use. You will have a non-exclusive right to the rooms allocated to Where the accommodation is a Coworking desk, this can only be used by one individual, it cannot be shared amongst multiple individuals. Occasionally to ensure the efficient running of the FlexSpace, We may need to allocate different accommodation to You, but it will be of reasonably equivalent size and We will notify You with respect to such different accommodation in advance.
    • Access to the Accommodation: We may need to enter Your accommodation and may do so at any time, including and without limitation, in an emergency, for cleaning and inspection or in order to resell the space if You have given notice to We will always endeavor to respect any of Your reasonable security procedures to protect the confidentiality of Your business.
  • Membership:
    • Access: If You have subscribed to a Membership Agreement, You will have access to [all participating FlexSpaces during standard business working hours and subject to availability].
    • Membership Usage: Usage is measured in whole days and unused days cannot be carried over to the following month. A membership is not intended to be a replacement for a full-time workspace and all workspaces must be cleared at the end of each day. You are solely responsible for Your belongings at the centre at all times. We are not responsible for any property that is left unattended. Should You use more than Your membership entitlement, We will charge You an additional usage
    • Compliance with Law: You must comply with all relevant laws and regulations in the conduct of Your business. You must not do anything that may interfere with the use of the FlexSpace by Us or by others (including but not limited to political campaigning or immoral activity), cause any nuisance or annoyance, or cause loss or damage to Us (including damage to reputation) or to the owner of any interest in the If We have been advised by any government authority or other legislative body that it has reasonable suspicion that You are conducting criminal activities from the FlexSpace, or You are or will become subject to any government sanctions, then We shall be entitled to terminate any and all of Your Agreements with immediate effect. You acknowledge that any breach by You of this clause shall constitute a material default, entitling Us to terminate Your Agreement(s) without further notice.
    • Ethical Trading: Both We and You shall comply at all times with all relevant anti-slavery, anti-bribery and anti- corruption
    • Data Protection:
      • Each party shall comply with all applicable data protection legislation. The basis on which we will process Your personal data is set out in our privacy policies (available on our website at www.theflexcollective.co.uk.
      • You acknowledge and accept that we may collect and process personal data concerning You and/or your personnel in the course of our agreement for services with you. Such personal data will be processed in accordance with our privacy policy.
    • Employees: Neither of us may knowingly solicit or offer employment to the other’s staff employed in the FlexSpace (or for 3 months after they have left their employment). To recompense the other for staff training and investment costs, if either of us breaches this clause the breaching party will pay upon demand to the other the equivalent of 6 months’ salary of any employee concerned.
    • Confidentiality: The terms of an agreement are confidential. Neither of us may disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues for a period of 3 years after an agreement
    • Assignment: An agreement is personal to You and cannot be transferred to anyone else without prior consent from Us unless such transfer is required by However, We will not unreasonably withhold our consent to assignment to an affiliate provided that You execute our standard form of assignment. We may transfer any agreement and any and all amounts payable by You under an agreement to any other member of Our group.
    • Applicable law: An agreement is interpreted and enforced in accordance with the law of England and Wales. We and You both accept the exclusive jurisdiction of the courts of England and Wales. If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in
  • Limitations and Exclusions of Liability
    • Our maximum liability: To the maximum extent permitted by applicable law, We are not liable to You in respect of any loss or damage You suffer in connection with an agreement, including without limitation any loss or damage arising as a result of our failure to provide a service as a result of mechanical breakdown, strike or other event outside of Our reasonable control otherwise unless We have acted deliberately or have been negligent. In no event shall We be liable for any loss or damage until You provide written notice and give Us a reasonable time to remedy If We are liable for failing to provide You with any service under an Agreement then, subject to the exclusions and limits set out immediately below, We will pay any actual and reasonable additional expense You have incurred in obtaining the same or similar service from elsewhere.
    • Insurance: It is Your responsibility to arrange insurance for property which You bring in to the FlexSpace, and for Your own liability to your employees and to third parties.
    • IT Services and Obligations: WE DO NOT MAKE ANY REPRESENTATION AND CANNOT GUARANTEE ANY MAINTAINED LEVEL OF CONNECTIVITY TO OUR NETWORK OR TO THE INTERNET, NOR THE LEVEL OF SECURITY OF IT INFORMATION AND DATA THAT YOU PLACE ON IT. You should adopt whatever security measures (such as encryption) You believe are appropriate to Your business. Your sole and exclusive remedy in relation to issues of reduced connectivity which are within Our reasonable control shall be for Us to rectify the issue within a reasonable time following notice from You to
    • Exclusion of consequential losses: We will not in any circumstances have any liability to You for:
      • loss of profits;
      • loss of sales or business;
      • loss of agreements or contracts;
      • loss of anticipated savings;
      • loss of use or corruption of software, data or information;
      • loss of damage to goodwill; and
      • any indirect or consequential loss.
      • loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential