General Terms and Conditions

Kumpul Coworking Space Membership Agreement

Terms and Conditions

Acceptance of Terms

  1. This agreement is between Kumpul coworking space (Kumpul) and the Member (“You”) at the property known as Rumah Sanur - Jl. Danau Poso 51A, Sanur, Bali, Indonesia (Premises).

  2. The whole of Kumpul in the Premises remains in Kumpul’s possession and control at all times.

  3. The services Kumpul provides to you are subject to the following Terms and Conditions (T&C). Kumpul reserves the right to update the T&C at any time. Kumpul will put the notification of T&C changes to members via email and/or community chat forum. If you disagree on the changes and would like to stop being a member, the paid membership period is non-refundable.

  4. Kumpul membership application does not create a tenancy but a prepaid usage licence to use the provided amenities on a monthly or casual basis.

  5. Signing up to Kumpul membership means that you have read and agreed on the T&C

Description of Services

  1. Kumpul may provide you with access to workspace, workstations, internet access, office equipment, conference space, knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the T&C.

  2. You may not use the Premises address as your business address on the legal documents.

  3. You can use the services of Kumpul according to the benefits that is listed for the currently active membership.

No Unlawful or Prohibited Use

  1. 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 of Kumpul’s properties and Services, or interfere with any other party’s use and enjoyment of any Services.

  2. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Kumpul server or to any of the Services.

  3. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or that you have no rights to.

  4. You may not intentionally or systematically monitor, gather or make use of the traffic or data on Kumpul’s network in any way that is not intended as defined by Kumpul. This includes, but not limited to: IP scanning, port scanning, network sniffing. In case of doubt ask.

  5. 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 T&C 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.

Use of services

  1. The space is available during the announced opening hours, unless other agreements has been made with individual members.

  2. Kumpul does not make any representations as to the security of Kumpul network or the internet or of any information that the client places on it. You should adopt whatever security measures (e.g. encryption) you believe is appropriate to your circumstances. Kumpul cannot guarantee that a particular degree of availability will be attained in connection with your use of Kumpul network or internet. Your sole and exclusive remedy shall be the remedy of such failure by Kumpul within a reasonable time after written notice.

  3. You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Kumpul 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.

  4. You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Kumpul, or any of Kumpul representatives, directors, personnel, agents, policies, services or products, other than to comply with law.

Video Call Booth usage

  1. Members may use the room for reasonable usage in average of 1 hour, or maximum for 2 hours of the day. Usage for more than 2 hours will depend on the availability and need of other members.

  2. Booking is required minimum 24 hours before time of use, and you need to receive confirmation from Kumpul. Bookings are not recorded yet if you do not receive any confirmation. You can email booking@kumpul.co or contact our staff at the reception.

  3. You must not alter any part of the setup of the booth and must take good care of all parts of the Premises, its equipment, fixtures, fittings and furnishing inside the booth. You are liable for any damage caused you or those inside of the both with your permission or at your invitation whether express or implied, including but not limited to all employees, contractors, agents or other persons present inside the booth.

  4. You are responsible for your guest. The guest must be accompanied by all times while they are in Kumpul coworking space and the booth.

  5. You may extend the use of the booth, as long as there are no other enquiries. Extension needs to be communicated to Kumpul staff before the end of your initial booking

  6. You need to specify the need to use the Playstation 3 in your booking.

  7. You may not install or alter any software on the Playstation 3.

  8. Pick a game at a time, if you want to change the game you can contact our staff and choose a new one.

Compliance

  1. You must comply with all by-laws, rules and regulations which the owners corporation or the owner of the building may make from time to time especially in relation to the common areas.

  2. You must comply with all relevant laws and regulations in the conduct of your business. You must do nothing illegal in connection with your use of the Premises. You must not do anything that may interfere with the use of the Premises by Kumpul or by others, cause any nuisance or annoyance, increase the insurance premiums Kumpul has to pay, or cause loss or damage to Kumpul (including damage to reputation) or the owner of any interest in the Premises which you are using.

Working permit

  1. If you are not Indonesian citizen you are responsible for your own working permit if you work and/or run a business in Indonesia.

  2. Members are not employees of Kumpul and their work is not approved, supported, controlled or in any way related to Kumpul as an employer. Hence Kumpul will not in any circumstances have any liability for legal consequences resulting from member’s failure to prove valid permit that allows the member to work and/or run a business in Indonesia.

Employment

Membership does not create an employment or agency relationship between Kumpul and any Member. In addition, Kumpul does not guarantee or warrant that any member will receive any engagement arising from the use of the Kumpul facilities. Member agrees and understands that Kumpul does not make such warranties and resolve Kumpul from any reliance thereof. Member also agrees and understands that:

  • Kumpul does not engage in pre-screening of Members, the Members are provided on an “as is” basis. Kumpul does not warrant the ability, accuracy, completeness and/or availability of any Member to perform a job.

  • Use of the Kumpul facilities and services does not create an agency relationship with Kumpul. Kumpul is not Member’s agent and whatever projects you take on with other members are under your own responsibility.

  • Kumpul is not responsible for any materials posted by Members, including but not limited to Projects.

  • Kumpul is not responsible for Member’s personal and/or companies’ taxation. You shall take full responsibility to pay and report your own taxes.

Renewals and Terminations

  1. This agreement lasts during the period of paid membership between you and Kumpul at the time of commencement, and automatically renewed at the end of each period with consent of each party.

  2. The T&C must be adhered to at all times. Failure to follow T&C can result in non renewal or even early termination of the usage license. Kumpul reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the space rules. If this happens, Kumpul will refund any amounts paid for unused periods that remain after deducting any pending charges, on a prorata basis.

  3. You understand that if you fail to comply with the T&C, your access to the premises and shared resources will be revoked. These include but are not limited to access to internet connection, access to shared live video-call or other shared internet forums, and access to meeting room bookings.

  4. Members may terminate this Agreement by giving a written notice of termination as established in this Agreement. Termination shall be in effect as of the end of that membership cycle. Should Member not provide timely notice of termination to Kumpul then the Membership Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.

Invoicing and Payment

  1. The member is automatically invoiced in advance based on their membership option.

  2. Payment is required at the beginning of each membership period, at the date specified in the invoice. The invoice will be delivered by email. Payment for casual usage is either paid on the day of use unless other arrangement have been made with Kumpul.

  3. You must pay your invoice by the due date as specified in the invoice. If you do not pay fees when due, a fee will be charged on all overdue balances. If you dispute any part of an invoice then you must pay the amount not in dispute by the due date or be subject to late fees. Kumpul reserves the right to withhold services (including for the avoidance of doubt, denying you access to the Premises) while there are any outstanding fees and/or interest or you are in breach of this agreement.

  4. You agree to make yourself familiar with the latest fees and reservation process.

Visitors

  1. Each member is personally responsible for visitors that are invited under the allowance of their membership benefits. And the member will be held accountable to any action performed by the visitor that is not compliant with this T&C.

  2. You are not allowed to bring in visitors to use the Services outside of the limits of the benefits applicable to your membership.

  3. You are not allowed to accept payments, goods or in any way sell your visitor allowance to other members nor any other person.

  4. You are not allowed to systematically or intentionally use the visitor allowance in a way that abuses or circumvents Kumpul’s intention with membership plans.

  5. Visitors cannot make use of the Services without being accompanied by the responsible member.

  6. Visitors should respect the code of conduct and culture within Kumpul during their stay. Kumpul reserves the right at all times to disclose any information about you Your participation in and use of the Services as Kumpul 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 Kumpul sole discretion. Although, it should be noted that Kumpul will not use this right in order to sell or in any other way disclose detailed information about individual members to any third party for commercial use.

Limitation of Liability and Remedies

  1. You release, and hereby agree to indemnify, defend and save harmless Kumpul and Kumpul 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.

  2. You further agree in the event that you bring a claim or lawsuit in violation of any chapter of this agreement, you shall be liable for any attorney fees and costs incurred by Kumpul or its respective officers and agents in connection with the defense of such claim or lawsuit.

  3. If Kumpul is liable for failing to provide you with any service under this agreement then subject to the exclusions and limits set out under this clause, Kumpul will pay any actual and reasonable expenses that you have incurred in obtaining that service from an alternative source. If you believe Kumpul has failed to deliver a service consistent with these terms and conditions you shall provide Kumpul written notice of such failure and give Kumpul reasonable period to put it right.

  4. Kumpul will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss unless Kumpul otherwise agrees in writing. Kumpul strongly advises you to insure against all such potential loss, damage, expense or liability.

  5. In all cases, Kumpul’s liability is limited to the total fees paid by you for the use of the services.

Severability

In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Miscellaneous

  1. You must not alter any part of the setup of the Premises and must take good care of all parts of the Premises, its equipment, fixtures, fittings and furnishings which you use. You are liable for any damage caused you or those of the Premises with your permission or at your invitation whether express or implied, including but not limited to all employees, contractors, agents or other persons present on the Premises.

  2. You must not install any cabling, IT or telecom connections without Kumpul’s consent, which Kumpul may refuse at its absolute discretion.

  3. You agree that from time to time your desk may be used for events. You will be emailed in advance of the dates and nature of these events. All due care will be made to protect your property from damage or theft but you are ultimately responsible for any such loss or damage.

  4. You agree to bind any guest you bring to the premises to these terms. You agree to accompany them at all times while they are on the premises.

  5. You agree that you are solely responsible for the security of your property on the premises. It is your responsibility to arrange insurance for your own property which you bring to the Premises and for your own liability to your employees and to third parties. Kumpul strongly recommends that you put such insurance in place.

  6. All formal notices must be in writing to the email address first registered and agreed with Kumpul, as the email address for all correspondences.

  7. This agreement is interpreted and enforced in accordance with the law of the Republic of Indonesia. Kumpul and you accept the exclusive jurisdiction of the courts of the Republic of Indonesia. If any provisions of these terms and conditions are held void or unenforceable under the applicable law, the other provisions shall remain in force.

Terms and conditions as on March 1st, 2015.

By signing up the membership plan, Member automatically declares that he/she has read and agreed on the Terms and Conditions.

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