These Terms and Conditions (the “Terms”) describe your rights and obligations in connection with your receipt and use of the Services (as defined below) provided by Digital Jersey Limited (the “Provider”) in connection with your membership and use of associated services and facilities specified herein (the “Membership”).
Please read these Terms carefully. If you have any questions, please contact [email protected]. By using the Services, you are agreeing to abide by and be bound by these Terms.
a) Who we are.
We, Digital Jersey, aim to provide a collaborative, energetic environment, and a nurturing and supportive space for Jersey’s tech community to come together to learn, share skills, develop and innovate. The Provider is a company incorporated in the island of Jersey with company registration number 110982 and whose registered office address is at Block 3, Ground Floor The Forum Grenville Street, St Helier, Jersey, JE2 4UF.
The Provider shall also be known in these Terms as “we”, “our”, “us” or “Digital Jersey”. References to “Management” in these Terms refer to the management personnel of Digital Jersey from time to time.
b) Who you are.
References to “Member”, “you” or “your” and similar words in these Terms refer to the individual or entity registering for any Services and agreeing to be bound by these Terms. For avoidance of doubt a Member is an individual or entity obtaining a Membership by virtue of an Individual, Small Business or Enterprise Digital Jersey Membership. If you are entering these Terms on behalf of an entity, you represent and warrant that you have all necessary right, authority and consent to bind such entity to these Terms.
References to “Services” in these Terms refer to your access and use of our Digital Jersey locations and facilities (collectively known as, “Premises” and individually as The Hub, Block 3, Ground Floor, The Forum, Grenville Street, St. Helier, Jersey, JE2 4UF (“Hub”) and Digital Jersey Xchange, South Exchange, Red Houses, Route Orange, St. Brelade, Jersey, JE3 8JG (“DJX”)) and certain other related services we provide.
Services do not include, and we are not involved in or liable for the provision of products or services by third parties (“Third Party Services”) that you may elect to purchase in association with your Membership. Third Party Services are provided solely by the applicable third parties and pursuant to separate arrangements between you and the applicable Third-Party Service Providers.
The availability and scope of the Services, as well as the availability and scope of the benefits we offer are subject to change from time to time at our sole discretion. You acknowledge that our Premises and the Services we offer are also subject to change from time to time. We may also make modifications, deletions or additions to these Terms and will provide you with notice of changes to these Terms or Services that apply to you, by emailing the last email address provided by you or by posting a notice on the Digital Jersey website. Most changes will be effective immediately upon notice, except that pricing and fee changes will be effective upon commencement of your next subscription period. If you do not agree to the changes, you may cancel your Membership at any time but please note that there are no refunds for cancellation.
The Services are available to Members and Guests (as defined below) who are over the age of eighteen (18), unless the Management specify otherwise. Kindly be certain you qualify. You agree to provide us with accurate and complete information about yourself when you register with us as a Member and as you use the Services.
During the registration process, you may identify an entity (a “Company”) with which you, as an individual, are associated. You agree that you will not falsely represent your association with any company, impersonate any third party or otherwise submit or present any false or misleading information to us or the Digital Jersey community. In the event your relationship with a Company ends, you agree to notify the Management to update your data records. If your Membership is provided to you by a Company, you may lose access to the Services upon termination or change in status of your relationship with such Company. If you are an authorised representative of any Company receiving the Services, you hereby agree that you have the proper authority to create, terminate and maintain applicable Small Business or Enterprise Membership and to add and remove individual named Members to and from the account. In addition to this you agree you will obtain all necessary consent from any applicable individuals for the processing of their personal information.
5. Access Fobs and Security.
Access to the Hub is available during Normal Business Hours (“Normal Business Hours” are generally from 08:30 to 17:00, Monday to Friday, with the exception of local bank holidays). Outside of these hours access is only permitted to Small Business and Enterprise Members with a Digital Jersey issued fob (“Fob”).
Small Business and Enterprise members are able to access DJX 24/7 using a Fob, which must be issued in advance. You are responsible for maintaining the security of your Fob. You must promptly notify us if you suspect your Fob has been lost, stolen or otherwise compromised. Fobs remain our property and you must return them immediately upon termination or expiration of your Membership. You may be charged a fee for any lost or damaged Fobs.
For security purposes, CCTV is in operation in certain areas of our Premises. If we deem it reasonably necessary, we may disclose any information about you to satisfy applicable law, rules, regulations, legal process or government requests, or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your Guests about this policy.
By signing up for a Digital Jersey Membership you agree to pay us the recurring or nonrecurring fees associated with the particular Services you are purchasing, as displayed to you at the time you sign up for the relevant Services, or as updated by us from time to time upon notice to you.
Membership fees are recurring, payable in advance, non-transferrable and may not be resold. All recurring and nonrecurring fees are non-refundable.
You will be invoiced for all recurring and nonrecurring fees by us on a monthly basis. All fees are due within thirty (30) days of issue of such invoices.
If payment for your Membership Fee or any other accrued and outstanding fee is not made by the specified due date, we reserve the right to suspend your Membership and use of Services with immediate effect.
Should you wish to query any charges, you must contact the Management within thirty (30) days on receipt of invoice.
Failure to use the Services will not be deemed a basis for refusal to pay any fees due to us in accordance with this Agreement.
7. Using and Terminating the Services
The use of the Premises is subject to availability, the payment of any applicable fees and compliance with the Terms and all management rules that apply to the particular Premises from time to time (“Management Rules”). We reserve the right to terminate any Premises at any time.
We will allow you to use such work stations, internet, office equipment, conference space, toilet facilities, knowledge resources, and other facilities that may from time to time be available at the applicable Premises (“Facilities”) and that your Membership permits use of.
Subject to the Terms we will allow you to use the Premises on a shared, non-exclusive basis during Normal Business Opening Hours, which may change from time to time. Members who have been provided with fob access to the Hub or DJX are permitted to access the Premises outside these hours at their own discretion.
The Premises are to be used as or incidental to office space for conducting digital related work and for no other use.
You may, at our discretion, utilise the Premises to host events and must make a request to do so to the Management. You are liable for any costs incurred by you or reasonably incurred by us as a result of you hosting events at our Premises and we will not bear any costs unless agreed otherwise in writing.
All Members will be provided with an overview of the Premises at induction. You acknowledge that you will familiarise yourself with all relevant fire procedures and health and safety documentation that is provided.
You must comply with these Terms, the Management Rules and any terms and conditions imposed by us by our landlords or any recognised regulatory body. In particular, you must not cause us to breach any terms of our occupation agreement relating to the Premises.
We expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to us, our employees, other members, any Guests or any other third parties or any property of any of the former. Any unreasonable behaviour may result in the Management asking you to leave the premises and may result in the revocation of your Membership. If you have questions, please contact the Management.
The consumption of alcohol is not permitted except during events, which must be organised by Digital Jersey or pre-approved and registered with the Management team as a Member-run event.
Use of electronic, electrical engineering and prototyping equipment, and any other equipment supplied by Digital Jersey or the Member (“Equipment”) is only permitted in the designated workspace areas and, to the extent permissible by law, is used at the user’s own risk. Personal protective equipment (“PPE”) is provided (subject to availability) and where applicable, PPE must be worn. Members must demonstrate evidence of prior experience or adequate training in the correct use and maintenance of the Equipment. Consumed, single-use items or equipment that is broken by a Member or their Guest must be paid for by the relevant Member and an honesty box or alternative system will operate to facilitate this.
We do not control and are not responsible for the actions of other members or any other third parties. If a dispute arises between members or their invitees or Guests, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
Your Membership is specific to you. You can not add additional members to your Membership or share your Membership with any other individual. Furthermore, you must not use any Services or any space you occupy in any Premises in a ‘retail’ capacity or any other nature involving frequent use by or visits from members of the public.
You will not use the Premises for any purpose that is unlawful or prohibited by this agreement. You may not use the Premises or Facilities in any manner that could damage, disable, overburden or impair any of our network(s), Wi-Fi or interfere with any other persons use and enjoyment of the Premises. You may not attempt to gain unauthorised access to any Facilities, or accounts, computer systems or networks connected to any Digital Jersey 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 Premises.
You are entitled to invite people to visit you on an occasional basis (“Guests”) at the Premises for purposes connected with your work during Normal Business Hours. You must supervise your Guests at all time and accept that you are responsible for their conduct and for any damage to the Facilities or Premises that your Guests may cause.
For security reasons, members inviting Guests to any of our Premises should disclose the names of Guests to the Management prior to planned visits. All members and visitors should also sign in when entering the Hub.
Members and their Guests are not permitted to allow pets to enter the Hubs. Guide dogs are permitted.
You are welcome to use the Hot Desks (“Hot Desk”) provided at the Premises on a regular basis. The fee for using the hot desks are £5 per day for individual members. As an extension of your Membership you may, subject to availability, purchase the exclusive use of a Dedicated Desk (“Dedicated Desk”) for a specified period of time.
Dedicated Desks are subject to availability at the applicable Premises. A Member purchasing the use of a Dedicated Desk cannot have a Dedicated Desk at both the Hub and DJX.
No Member other than a Member who has paid for a Dedicated Desk is entitled to habitually use any one Hot Desk at the Premises. If you routinely use the same Hot Desk, you may be required to use an alternative desk according to availability. This is intrinsic to the Services we provide to all Members.
d) Meeting Rooms
You may reserve to use any meeting rooms that are available at our Premises on a by the hour basis during Normal Business Hours. Meeting rooms are all subject to availability. You should keep the use of meeting rooms to a reasonable level in the interests of fairness to other Members. Any Member considered by the Management to be over utilising the meeting rooms, unless for a specific occasional event, may be asked to reduce their usage. Meeting Rooms are available to Small Business Members free of charge. Individual Members are required to pay an hourly rental fee of £10 per hour.
e) Additional Services
Additional Services may be available to you, either in connection with specific Premises or pursuant to additional Services. For more information about additional Services that may be available to you, please submit a request to the Management team at any of the Premises.
Only Small Business and Enterprise Members who have elected to have a Dedicated Desk (or are renting an office on the first floor of Forum 4) may elect to receive mail and packages at one of our Premises. If you have done so, we will accept mail and deliveries on your behalf during such Premises’ Normal Business Hours. We have no obligation to store such mail or packages for more than thirty (30) days of our receipt or if we receive mail or packages after you terminate your Membership. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages.
No Member may use the address of the Premises as a ‘registered office’ or ‘residential’ address. In the event that we discover that either of the Premises addresses are being used as a registered office or residential address, we shall be entitled to inform the Jersey Financial Services Commission that such use is not authorised.
We are not responsible for any property you bring onto or leave behind in any of our Premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. If we consider any items on the Premises to be dangerous, we are entitled to take reasonable action to dispose of any such item. Dedicated Desk users are permitted to leave items on their allocated desks at their own risk. Secure lockers are avaliable for use by Members upon request to the Management team.
Should your Membership expire or if you terminate your Membership, you must remove all of your property from the Premises and return any keys or fobs allocated to you. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in any of our Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.
h) Damage and Liability
If a Member notices any damage to the Premises or Facilities, we request that the Member notifies a member of the Management to ensure they are aware of such damage.
You are responsible for the actions of and all damage caused by all persons that you or your guests invite to enter any of the Premises. You may be held liable (and do hereby authorise us to invoice you) for the repair or replacement cost for all damage to our Premises, Facilities, Equipment and other items therein caused by you or your Guests or invitees.
Digital Jersey is not liable for any loss you or a Guest may incur as a result of our failure to provide Premises, Facilities or Services, as a result of purported advice, recommendations or representations we, our employees or business partners may make, as a result of mechanical breakdown / maintenance repair or shortage of fuel or materials or liability for other cause which is beyond our reasonable control unless our failure so to provide is deliberate.
We will not be held liable for the death of, or injury to Members, their employees, Guests or invitees to the Premises.
You shall also be responsible and indemnify Jersey Digital in relation to any claims, demands, actions, proceedings, liabilities, losses, damages and expenses (including legal expenses) suffered or incurred by the Provider from any third party claim arising in connection with you as a Member, your employees, customers, Guests or your invitees in connection with your or their use of the Premises, Facilities, Equipment or in any other way. We are not liable for any damage to or theft of your equipment or other personal property whilst it is on our Premises. Items being brought to the Premises are at your own risk. For the avoidance of doubt, this provision extends to the possessions of Dedicated Desk Members who choose to leave items on their desks. From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against Digital Jersey and agree to hold us harmless in connection with any claims relating to any action taken by us as part of our investigation.
For the avoidance of doubt, nothing in these Terms will exclude our liability for death or personal injury or damage to property caused by our negligence or any matter in respect of which it would be unlawful to exclude or restrict liability.,
We may need to install software onto your computer, tablet, mobile device or other electronic equipment to provide you with the Services. You acknowledge that your refusal to install such software may affect your ability to properly receive the Services you have purchased e.g. access to multifunction printers. We may also provide you with technical support at your request. You agree that we (a) are not responsible for any damage to any of your electronic equipment or systems related to such technical support or software installation; (b) do not assume any liability or warranty in the event that any manufacturer warranties are voided; and (c) do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support.
Members acknowledge and accept that we cannot guarantee privacy with respect our internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages). Furthermore, where necessary in order to comply with our legal obligations, your activity and any files or messages on or using any devices or systems (whether owned by you or us) may be monitored at any time without notice.
j) Intellectual Property
You must not directly or indirectly take, copy or use any information or intellectual property belonging to other Members or member companies or any of their Guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, or at any other time when we in our reasonable discretion see ﬁt to do so, we may, at our sole discretion, restrict or prohibit your access to the Premises and/or terminate your Membership with immediate effect by giving you notice if:
i. You become insolvent, go into liquidation or become unable to pay invoices when due;
ii. If you are in breach of any of your obligations under this Agreement and have failed to rectify such breach within seven (7) days of notice; or
iii. Your conduct is incompatible with ordinary office use or does not comply with this Agreement;
iv. If we are no longer able to provide Services, then the agreement will end and you will only have to pay fees up to the date of agreement end and for any additional Services used.
In addition, we may decline to renew your Membership at the end of your subscription period for any reason or no reason by giving you notice.
We may also at any time terminate your Membership if we discontinue the Membership and/or at a particular Premises or at all our Premises. You can cancel your account at any time, by submitting a request to the Management. Please note that if your individual account was created by a Company, (a) an authorised representative of such Company may at any time terminate your individual account by contacting us, and (b) we may terminate your account, even if the Company’s account remains active, and even if you continue to be employed or engaged by such Company. Cancellation will be effective immediately upon our receipt of notice of cancellation.
We do not provide refunds upon termination or cancellation of your Membership with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your Membership.
8. Advertisements, Endorsements and Testimonials
In using the Services, you may encounter advertisements from Third Party Service Providers and our other business partners, which may be targeted to you based on certain information you provide to us or that we collect based on your use of the Services. The types and extent of advertising are subject to change. In consideration for us granting you access to and use of the Services, you agree that we, such Third Party Service Providers and our other business partners may provide you with such advertising from time to time.
From time to time, we may also publish testimonials by users and members related to their experiences with the Services. These testimonials are the users’ subjective opinions, and they represent individual results. We neither verify them nor claim that they are typical results that others will generally achieve. Names, locations, dates and other information may have been changed to protect the privacy of the individuals involved. All other testimonials and endorsements of any type, format or nature posted by users are not verified by us, and we make no warranty or representation as to their accuracy. You should be cautious when relying on any testimonials or endorsements, and you should assume the results described therein are not typical.
You may not take, copy or use for any purpose the name Digital Jersey or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of any Digital Jersey properties, without our prior consent.
9. Hold Harmless
You will indemnify and hold harmless Digital Jersey against any and all claims, liabilities, damages and expenses (“Claims”) including reasonable attorneys’ fees, resulting from any breach of these Terms by you or your employees or Guests, or you or their invitees or any of your or their actions or omissions, and Digital Jersey will have sole control over the defense of any such Claims. You are responsible for the actions of and all damages caused by all persons that you or your Guests invite to enter any of the Premises. You shall not make any settlement that requires a material act or admission by any of the Parties, imposes any obligation upon any of the Parties or does not contain a full and unconditional release of the Parties, without our written consent. None of the Digital Jersey Parties shall be liable for any settlement made without its prior written consent.
10. Data Protection
We comply with the Data Protection (Jersey) Law 2018.
11. Governing Law
Each party irrevocably agrees that the courts of Jersey shall have jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
By signing up for membership and ticking the box to say that you have read these terms, you are agreeing to abide by them.