Terms & Conditions

1. 1. OFFICE ACCESS. As a Client you have a license to use the shared use common areas in the
Center. The Client has access to reserved conference room(s) during normal business hours only:
8:00am-5:00pm Monday thru Friday. The Center’s Building provides office cleaning, maintenance
services, electric heating and air conditioning to the Center during normal business hours as
determined by the landlord for the Building. The Center reserves the right to relocate Client
to conference room in the Center. If the Center exercises this right it will only be to an
conference room of equal or larger size and configuration. This relocation is at Center’s expense.

 

2. SERVICES. In addition to an office, Center provides Client with certain services on an as
requested basis. The fee schedule for these services is available upon request and may be
updated from time to time. The fees are charged to Client’s account and are payable on the
monthly billing date. Client agrees to pay all charges authorized by their employees.
The Center and vendors designated by Center are the only service providers authorized to
provide services in the Center. Client agrees that neither Client nor their employees will
solicit other Clients of the Center to provide any service provided by Center’s affiliates or its
designated vendors, or otherwise.
In the event Client defaults on their obligations under this agreement, Client agrees that
Center may cease to provide any and all services including telephone services without resort
to legal process.

 

3. PAYMENTS. Client and Personal Guarantor agree to pay the fixed and additional service
fees and all applicable sales or use taxes by the payment due date, which is on the 1st of every
month. Client and Personal Guarantor will be charged a late fee equivalent to 5% of the
balance due, if payment is not received by the 5th of every month. If Client disputes any
portion of the charges on their bill, Client agrees to pay the undisputed portion on the
designated payment date. Client and Personal Guarantor agree that charges must be disputed
within ninety (90) days or Client waives their right to dispute such charges.
When Client and Personal Guarantor signs this agreement they are required to pay their
fixed fees, set up fees and a refundable retainer. The refundable retainer will not be kept in a
separate account from other funds of Center and no interest will be paid to Client on this
amount. The refundable retainer may be applied to outstanding charges at any time at
Center’s discretion. Center has the right to require that Client replace retainer funds that
Center applies to their charges. At the end of the term of this agreement, if Client has satisfied
all of their payment obligations, Center will refund Client this retainer within sixty (60) days.

 

4. OUR LIMITATION OF LIABILITY. Client acknowledges that due to the imperfect nature
of verbal, written and electronic communications, neither Center nor Center’s affiliates,
landlord or any of their respective officers, directors, employees, partners, agents or
representatives shall be responsible for damages, direct or consequential, that may result from
the failure of Center to furnish any service, including but not limited to the service of
conveying messages, communications and other utility or services. Client’s sole remedy and
Center’s sole obligation for any failure to render any service, any error or omission, or any
delay or interruption of any service, is limited to an adjustment to Client’s bill in an amount
equal to the charge for such service for the period during which the failure, delay or
interruption continues.WITH THE SOLE EXCEPTION OF THE REMEDY DESCRIBED ABOVE,
CLIENT EXPRESSLY AND SPECIFICALLY AGREES TO WAIVE, AND AGREES
NOT TO MAKE, ANY CLAIM FOR DAMAGES, DIRECT OR CONSEQUENTIAL,
INCLUDING WITH RESPECT TO LOST BUSINESS OR PROFITS, ARISING OUT
OF ANY FAILURE TO FURNISH ANY SERVICE, ANY ERROR OR OMISSION
WITH RESPECT THERETO, OR ANY DELAY OR INTERRUPTION OF
SERVICES. CENTER DISCLAIMS ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.

 

5. LICENSE AGREEMENT. THIS AGREEMENT IS NOT A LEASE OR ANY OTHER
INTEREST IN REAL PROPERTY. IT IS A CONTRACTUAL ARRANGEMENT
THAT CREATES A REVOCABLE LICENSE. Center retains legal possession and control
of the Center and the office assigned to Client. Center’s obligation to provide Client space
and services is subject to the terms of Center’s lease with the Building. This agreement
terminates simultaneously with the termination of Center’s master lease or the termination of
the operation of Center for any reason. As Center’s Client, Client does not have any rights
under Center’s lease with Center’s landlord. When this agreement is terminated because the
term has expired or otherwise, Client’s license to occupy the Center is revoked. Client agrees
to remove their personal property and leave the office as of the date of termination. Center is
not responsible for property left in the office after termination.

 

6. DAMAGES AND INSURANCE. Client is responsible for any damage Client cause to the
Center or Client’s office(s) beyond normal wear and tear. Center has the right to inspect the
condition of the office from time to time and make any necessary repairs.
Client is responsible for insuring their personal property against all risks. Client has the
risk of loss with respect to any of their personal property. Client agrees to waive any right of
recovery against Center, its directors, officers and employees for any damage or loss to
Client’s property under their control. All property in Client’s office(s) is understood to be
under Client’s control.

 

7. PERSONAL GUARANTY. In the event of default, personal guarantor agrees to pay all
reasonable attorney fees and costs of collection. Each maker, surety, guarantor or
endorser of this note waives presentation of payment, notice of non-payment, protest and
notice of protest and agrees to all extensions, renewals, release, discharge or exchange of any
other party or collateral without notice.

 

8. DEFAULT. Client is in default under this agreement if; 1) Client fails to abide by the rules
and regulations of the Center, a copy which has been provided to Client; 2) Client does not
pay their fees on the designated payment date and after written notice of this failure to pay
Client does not pay within five (5) days; and 3) Client does not comply with the terms of this
agreement. If the default is unrelated to payment Client will be given written notice of the
default and Client will have ten (10) days to correct the default. Should Client continue in
default after notice, Center may, without any additional notice or demand to Client, forthwith
terminate this Agreement and the license to use any portion of the Center.

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