COWORKYARD SPACE PROVIDER AGREEMENT LICENSE


This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of this Site.

The Site www.Coworkyard.com or any other sub domain is owned and operated by Redsite Enterprises Private Limited ( "Coworkyard" ).

By merely using the Site, the Space Provider shall be deemed to have contracted with Coworkyard and have agreed to be bound by the terms and conditions herein contained in this Agreement. Space Provider's use of the Site and the Work Space offered by him through the Site are subject to and governed by the following terms and conditions. Accessing or otherwise using the Site indicates Space Provider's to all the terms and conditions under these terms of use, so the space provider shall read the terms of use carefully before proceeding.

By impliedly or expressly accepting these Terms of use the Space Provider also accepts and agrees to be bound by Coworkyard Policies (including but not limited to Privacy Policy) as amended from time to time. When the Space Provider uses the Site or sends emails or other data, information or communication to Coworkyard, it agrees and understands that it is communicating with Coworkyard through electronic records and consents to receive communications via electronic records from Coworkyard as and when required. Coworkyard may communicate with the Space Provider by email or by such other mode of communication, electronic or otherwise.

SUMMARIZED TERMS AND CONDITIONS

  • The agreement will be entered into between You and Redsite Enterprises Pvt Ltd (Redsite) to use the listing, Referral and value added services provided by COWORKYARD.
  • COWORKYARD will take bookings from customers on following: MONTH, QUARTER, HALF-YEAR or ANNUAL Reservations / bookings will be notified to You by COWORKYARD. You receive 70% (ADVANCED PLAN) or 50% (STANDARD PLAN) of the total amount that is charged for bookings made for your VENUE through the platform.
  • All payments made to Redsite are non refundable at all instances.
  • All reservations / bookings by any Redsite Client will be made through COWORKYARD and the payment, after deduction of the Facilitation Fee will be processed to Your account within 10 working days. All monetary transactions, arising out of the subscription by Redsite Client, will be made between You and Redsite.
  • You give permission to COWORKYARD to list details about your services.
  • COWORKYARD provides and covers any and every type of coworking for your space(s) and you shall not enter into an agreement with any third party for coworking and work related use of your space(s).
  • You will not approach any Redsite Client directly or by your employees or any associates, to offer Your services, or for payment against any services, during the tenure of the Redsite Client at your co-working space, or till a period of minimum twelve months after termination of the indirect services, offered by You under Coworkyard brand, by Redsite Client. No direct monetary transactions between You and Redsite Client will be allowed. Failure to do so will imply material losses to Redsite, to the tune of twelve months of subscription amount per Redsite Client. You agree to bear any such losses.
  • Certain things are required to be assured by You for the agreement to work smoothly. This includes that no laws are being violated by the service provider, and that You are capable of entering into the agreement. Moreover, You give assurance that any promotions and coupons that You provide to COWORKYARD and are featured by COWORKYARD can be used, i.e. is operational.
  • COWORKYARD can feature advertisements, and You should not have problem with that.
  • The agreement can be ended by Redsite in cases of breach of contract (and the representations, warranties and the covenants made thereon) by You.
  • At any instance, a rate lower than the rate listed on Coworkyard's Site shall not be offered by Space Provider to users.
  • This Agreement shall be for a period of Four Years unless terminated earlier in accordance with the provisions of this Agreement. You can terminate this engagement after providing Redsite a minimum notice period of three months.
  • Redsite reserves the right to modify the terms and conditions of the agreement.

DETAILED TERMS AND CONDITIONS


  1. DESCRIPTION OF THE SERVICE
    1. Coworkyard is involved inter alia in the Business of providing work space solutions including shared work space, co-working space, business centers, office space, personal workstations, meeting rooms, conference halls etc. (basic, standard, premium and deluxe categories) in the form of ready to move in and / or use office spaces, desks, cubicles with provisions of basic office equipment, furniture, infrastructure, essential services, security etc. under various formats, for users to book and use through Coworkyard Site.
    2. Coworkyard is willing to expand its business through Space Provider who are already having work spaces, co-working workspaces, business centers, office solutions, personal workstations, meeting rooms, conference halls etc. which are operated, managed, controlled by such Space Provider and the Space Provider consents to the same being used by Coworkyard for the benefit of its users by making bookings in respect thereof for its users in accordance with the Terms and Conditions of the Coworkyard User Agreement.
    3. Space Provider is in possession / owner of the premises hereinafter referred to as “Space / space”, which he or she is desiring to offer for use as work space which includes and is not limited to all buildings and erections, fixtures and fittings, amenities and facilities to be provided by it for use in business.
    4. In consideration of the amount hereinafter reserved and of the other conditions herein contained, the Space Provider desires to provide its space/Space, Provide food and beverage offering for the user of space and such other amenities and facilities as required to run the day to day Space and Coworkyard agrees to utilize the Space provided by the Space Provider on its premises upon the terms and conditions set out herein below.

  2. TERM
    This Agreement shall be for a period of Four Years unless terminated earlier in accordance with the provisions of this Agreement.
    1. In order to offer or otherwise schedule time in a workspace, the Space Provider agrees to register with Coworkyard.
    2. Space Provider is entirely responsible for maintaining the confidentiality. Coworkyard reserves the right to immediately terminate Space Provider in his sole discretion and without prior notice to Space Provider wherever there is any material breach on the part of Space Provider under this Agreement.
    3. In connection with registration, use or participation in the web Service provided by Coworkyard, Space Provider agrees
      • to provide accurate, current and complete information about him, his organization and/or Space as requested by Coworkyard
      • to maintain and promptly update the Booking Data and any other information which he provides to Coworkyard, to keep such information accurate, current and complete
      • to be fully responsible for all use of his account and for any actions that take place through his account.
    4. Space Provider agrees to respond promptly and completely to requests from Coworkyard for additional information that Coworkyard deems necessary to determine the level and quality of facilities, amenities, services etc to be provided.
    5. Space Provider undertakes to keep Coworkyard updated all the times regarding the availability and status of space including space availability for selected date / time range and allied services thereby enabling users of Coworkyard to make booking of such Space through Coworkyard Site.
    6. Coworkyard reserves the right of verification of facilities by Space Provider before it is listed on Coworkyard Site.
    7. Coworkyard reserves the right to verify the accuracy or authenticity of any Space Provider Content, including any Space descriptions or Space availability information provided by Space Provider and/or allied amenities, or facilities in respect of business, before it is listed on Coworkyard Site.
    8. Coworkyard is entitled to charge verification fee for an amount of sum of Rs.6000/- (SIX THOUSAND ONLY) for each such agreement.
    9. Verification Charges, in any instance, will be non- refundable.

  3. PAYMENT TERMS AND BILLING
    1. Coworkyard reserves the right to collect and process payment in respect of bookings carried out through space / Space provided by the Space Provider.
    2. All reservations / bookings by any Redsite Client will be made through COWORKYARD and the payment, after deduction of the Facilitation Fee will be processed to Your account within 10 working days. All monetary transactions, arising out of the subscription by Redsite Client, will be made between You and Redsite.
    3. You will not approach any Redsite Client directly or by your employees or any associates, to offer Your services, or for payment against any services, during the tenure of the Redsite Client at your co-working space, or till a period of minimum twelve months after termination of the indirect services, offered by You under Coworkyard brand, by Redsite Client. No direct monetary transactions between You and Redsite Client will be allowed. Failure to do so will imply material losses to Redsite, to the tune of twelve months of subscription amount per Redsite Client. You agree to bear any such losses.
    4. Coworkyard works on the same facilitation fee as initially agreed each time Coworkyard user rebooks the Space of Space Provider.
    5. Coworkyard reserves the right to withhold payment to the account of Space Provider any amounts due as a result of a breach of any Terms and conditions of this Agreement by Space Provider, pending investigation/inquiry of such breach by Coworkyard.
    6. In case Space Provider disputes any payment made hereunder, he shall notify Coworkyard in writing within 15 days of any such payment; failure to so notify Coworkyard shall result in the waiver by Space Provider of any claim relating to any such payment.

  4. DUTIES, RESPONSIBILITIES AND OBLIGATIONS OF SPACE PROVIDER
    1. Space Provider is solely responsible for maintaining the Space in safe condition and in compliance with law and any applicable building requirements, is clean and hygienic all the time.
    2. Space Provider ensures abiding by its commitments towards amenities and facilities to be provided by him for use in the business e.g. office equipment, furniture, infrastructure, housekeeping, cleanliness, food & beverage service, Wi-Fi, security etc.
    3. All interior designing, fit outs builds, house keeping, facilities management etc. of the Work Space of the business shall be carried out by the Space Provider.
    4. The Space Provider admits to pay any and/or all costs including but not limited to, telephone, electricity, water, bandwidth, insurance and other fixed and variable expenses in pursuance of such Work Space being offered by him.
    5. All operating expenses related to salaries of the staff dedicated to the work space will be borne by Space Provider.
    6. Space Provider will ensure and will be responsible for making all the arrangements committed by him under this Agreement.
    7. Space Provider shall maintain space/Space and as may be reasonably required by Coworkyard from time to time in accordance with its image and reputation.
    8. Space Provider is solely responsible for ensuring that its Space/space does not violate any lease or other agreements relating to Space or any municipal law/ policies, and it shall be solely responsible for and shall indemnify Coworkyard against any fines, losses or other liability arising from such violations.
    9. Space Provider shall comply strictly with stipulations, if, any, regarding Time.
    10. The said Space/space shall contain the fixtures and fittings existing thereon in good condition as committed by Space Provider. Provided always that such installations or other works, fittings and fixtures, shall remain the property of the Space Provider. The Coworkyard's user shall be entitled to use the said Space for any office purpose whatsoever during the continuance of the Agreement in accordance with the terms and condition of the Coworkyard Customer Terms and Conditions as well as the present Space Provider Agreement.
    11. The Space Provider shall pay all charges in respect of electric power, light and water used on its premises during the continuance of these presents.
    12. Any user grievance including theft, violence etc.at the Space/space provided by the Space Provider shall be the sole and absolute responsibility of Space Provider.

  5. GENERAL
    1. All existing and future rates, taxes including property taxes, assessment charges and other out-goings whatsoever of description in respect of the said Space payable by the owner thereof , shall be paid by the Space Provider.
    2. Space Provider shall comply with all applicable laws and regulations concerning the operation of its Space/space and shall obtain all permits, certificates, or license and shall pay when due, all national and local licensing and permit fees concerning the Space/space offered to Coworkyard. The Space Provider shall comply with all laws and statutes and shall not do anything illegal or immoral or which may become a nuisance to any user of Coworkyard.
    3. Space Provider agrees to have an exclusive arrangement with Coworkyard during the life of this Agreement and will not directly or indirectly be engaged, concerned or participate or enter into an agreement of similar nature as that of Coworkyard, with any third party during the Term of this Agreement, and for 120 days after the termination of this Agreement.
    4. The Space Provider shall take all steps necessary to preserve and protect the Confidential Information related to business operations, Coworkyard processes, customer information, transaction information, pricing structure etc. of Coworkyard from publication, communication or other unauthorized disclosure to third parties.

  6. SIGNAGE AND SPACE PROVIDER'S OBLIGATIONS CONCERNING THE TRADEMARKS
    1. Space Provider shall place directional signage with Coworkyard's name or any trademark or logo of Coworkyard at its Space.
    2. Coworkyard authorizes Space Provider to use the Trademark only with prior written approval and consent solely for the purpose of promoting the Business and any usage will be in accordance with the reasonable directions of the Coworkyard.
    3. The Space Provider undertakes not to do anything to prejudice or damage the goodwill in the Trademarks or the reputation of the Coworkyard.
    4. The Space Provider shall comply with all reasonable requirements from time to time laid down by Coworkyard as regards the use and presentation of the Trademarks.

  7. DUTIES, RESPONSIBILITIES AND OBLIGATIONS OF COWORKYARD
    1. Coworkyard ensures that it shall process the payment to Space Provider in the manner as more particularly described under Payment Procedure Clause under this Agreement.
    2. Coworkyard acknowledges that the policies of Space Provider shall be applicable to its users.
    3. Notwithstanding anything contained in this Agreement, Coworkyard hereby undertakes, covenants, agrees and warrants to Space Provider that it shall not do anything or cause anything to be done which may adversely affect, or threaten to damage, tarnish or cause ill-repute to Space Provider, including its business reputation, interests and goodwill, at any time during the Term of this Agreement.

  8. TERMINATION
    Subject to the other provisions of this Agreement, neither Party shall have the right to terminate this Agreement except, if any of the following events occur:
    1. If the other Party makes an arrangement or composition with or for the benefit of its creditors.
    2. If the other Party ceases to carry on business (other than temporarily by reason of a strike or lockout) for more than ninety (90) days.
    3. If an order is passed by a competent court or tribunal for winding up or dissolution of the other Party (other than for the purposes of reconstruction or amalgamation), or a resolution is passed for the voluntary winding up or dissolution of the other Party.
    4. If a receiver, liquidator or other similar officer is appointed by a competent court or tribunal in respect of the other Party and such appointment is not stayed or vacated for one hundred and twenty (120) days after the date of such appointment.
    Notwithstanding any other provision of this Agreement Coworkyard shall have the right to terminate this Agreement if Space Provider is found not to be abiding by its commitments and not providing the Services in accordance with its commitments.
    1. Coworkyard shall have the right to immediately terminate Space Provider listing or the account of Space Provider or its ability to use the Service, in whole or in part, without notice in the event that
      • Space Provider violates the Terms of this Agreement.
      • Space Provider's conduct may harm Coworkyard or others or cause Coworkyard or others to incur liability.
      • Coworkyard receives negative feedback from its users
      • And/or as otherwise determined by Coworkyard in its sole discretion.
    2. Coworkyard may terminate the account of Space Provider at its sole discretion if there is a material breach or persistent breach of the terms of this Agreement (if the breach is capable of remedy, Space Provider fails to remedy the breach on reasonable notice), there is frequent complaints from user or in case of serious nature of complaints, or in the event of any conduct by Space Provider which Coworkyard in its sole discretion considers to be unacceptable.
    3. At any instance if a rate lower than the rate listed on Coworkyard's Site is being offered by Space Provider to users, Coworkyard may at its sole discretion and without any notice being served delist Space Provider.
    4. The seriousness of complaints and its implications shall be determined by Coworkyard in its sole discretion and Coworkyard shall have absolute rights to either completely or partly withhold payment till the dispute is resolved. Coworkyard reserves the right to withhold payment of any amounts due as a result of a breach of the Terms and conditions of this Agreement by Space Provider, pending Coworkyard's investigation/inquiry of such breach depending on the nature of complaint.
    5. You can terminate this engagement after providing Redsite a minimum notice period of three months.
    6. Space Provider access to, use of, or participation in the Service, including any content therein, may be prevented by Coworkyard at any time after his termination of this Agreement. Notwithstanding anything herein to the contrary, upon termination of Agreement, Coworkyard shall remove the Space Provider and cease displaying respective Profile Content, including his Space listings and other allied services from its Site.

  9. RESTRICTIVE COVENANTS, REPRESENTATIONS, WARRANTIES AND DECLARATIONS
    1. You acknowledge and agree that in order for Redsite to maintain the integrity of the Referral Services, You are subject to this Merchant Agreement and the such other terms and conditions as may be applicable.
    2. Redsite may, in its sole discretion, reject, cancel, or remove, at any time, information in realtion to the Referral Services for any reason without prior notice to You. Redsite will not be liable in any way for any rejection, cancellation or removal of any information.
    3. You specifically covenant, represent and warrant that
      1. You have all necessary authority to enter into this Agreement
      2. You have the competence and are authorised to post information on the platform. For clarification of doubt, you specifically represent and warrant that no information that you advertise, promote and/or share with Redsite infringes, misappropriates or otherwise violates any right, title and/or interest of any other person in any manner whatsoever.
      3. The offers and promotions that are provided by you shall be made available to the Redsite Client, who avails the instant offer/promotion
      4. You will comply with all applicable laws.
      5. That all text, data and information submitted by You for use and display is true, accurate, and complete. and that
      6. Any use and display of the information shall not:
        1. Infringe or violate any patent, copyright, trademark, service mark, trade secret, or other intellectual property right of a third party, including any right of privacy or publicity.
        2. Violate any central, state or foreign laws.
        3. Contain material that is pornographic, obscene, vulgar, defamatory, libellous, fraudulent, threatening, hateful, or racially or ethnically objectionable at the sole opinion of Redsite.
      7. None of the material, including but not limited to the Headings, the captions and pictures, shall be misleading and/or otherwise inaccurately reflect the product/service that is made available.
      8. Condone or participate in any activities designed to harm minors in any way.
      9. Condone or participate in activities designed to impersonate the identity of a third party.
      10. Be likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
      11. Shall not contain third party advertisements, unless specifically allowed in writing by Redsite.
    4. You understand, acknowledge, affirm and declare that you agree to any terms that Redsite may impose during the tenure of this contract, without. Redsite Enterprises has entered into this transaction relying on the due performance of this clause.
    5. You acknowledge, understand and affirm that responsibility and liability for any and all claims related to any information provided by you in relation to the Referral Services.
    6. You acknowledge, understand and affirm that Redsite shall have no liability for any and all claims that relate to any information, copy, data or text that is submitted.
    7. Redsite does not make any representation, warranty, covenant and/or guarantee with regard to any effects, benefits and/or consequences that You may derive and/or suffer from any information provided by you and/or the Referral Service.
    8. The guidelines laid down in this clause 4 hereinabove shall apply even in cases any alterations, amendments or modification to any information provided by You.
    9. Notwithstanding anything contained in this Merchant Agreement, the conditions which are specific to You in the Terms of Use are applicable mutatis mutandis to this Agreement. In cases of conflict between this Agreement and the Terms of Use, the clauses of this Agreement shall prevail.

  10. REPRESENTATIONS AND WARRANTIES BY THE PARTIES
    Each of the Parties hereby represents warrants and undertakes that:
    1. It is duly organised and validly existing under the laws of India, and has full power and authority to enter into this Agreement and to perform its obligations under this Agreement.
    2. The execution and delivery of this Agreement and the performance by it of its obligations under this Agreement have been duly and validly authorised by all necessary corpora

  11. DISPUTE RESOLUTION
    1. The Parties shall attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Merchant Agreement including the documents it incorporates by reference, your use of Redsite's website, your information, your violation of any law or the rights of a third party.
    2. In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be referred for Mediation
    3. If the matter is not resolved under Mediation, the matter shall be resolved under arbitration through an arbitrator.
    4. The seat of Arbitration shall be Delhi, India and the arbitration shall be governed by the tenets of the Arbitration and Conciliation Act, 1996.
    5. Nonetheless, legal action taken by Redsite Enterprises to collect any fees and / or recover damages for, or obtain an injunction relating to, our operations, management and/or intellectual property, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by Redsite Enterprises.
    6. In addition, either you or Redsite Enterprises may seek any interim or preliminary relief only from a Court of competent jurisdiction located in Kolkata pending the completion of arbitration.
    7. The governing law of this Agreement shall be the laws of India.
    8. Only at the instance that all the abovementioned avenues of dispute resolution have been exhausted, the matter shall be subject matter to a court proceeding. The courts of Kolkata, India shall have exclusive jurisdiction in all disputes arising out of this Agreement.

COWORKYARD SPACE PROVIDER AGREEMENT is hereby agreed by you.