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Terms & Conditions of Membership

There are many benefits of becoming a Digital Jersey member and membership is free for individuals working in the digital and technology sector.

Before you sign up to join Jersey’s vibrant digital community, please read the Ts & Cs below carefully and if you have any questions please contact us.

Parties

A          DIGITAL JERSEY LIMITED 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”); and

B          [[NAME OF INDIVIDUAL] of [.], Jersey [JE[.] [.] (“the Member”).

  1. Members & Membership
    1. References to “Members” and to “a Member” in this agreement are to both the Member and to the other individuals and businesses that may be members of the Hub from time to time.
    2. The Member is obtaining membership by virtue of Corporate or Small Business Membership to the Hub ( “Corporate Membership”, “Small Business Membership”).
    3. [The Member will be an individual Member of the Club rather than a member obtaining membership by virtue of a corporate or small business Membership (a “Corporate Membership”, “Small Business Membership”).]
    4. By entering into this agreement and adhering to its terms, the Member will receive a membership to the hub which will allow them to access the Services and Facilities (“Membership”).
  2. Services
    1. Facilities at the Hub
      1. The Provider shall allow the Member to use the work stations, internet access, office equipment, conference space, toilet facilities, knowledge resources, and other facilities (the “Facilities”) that the Provider may have from time to time at Block 3, The Forum, Grenville Street or such alternative premises occupied by the Provider from time to time that is known as the Digital Jersey Hub (the “Hub”).
      2. Subject to the terms of this Agreement, the Provider will allow the Member to use the Facilities on a shared, non-exclusive basis during the Hub’s normal business opening hours (which may change from time to time) and are currently [Monday to Friday (other than Jersey public and bank holidays) from 8.30am-6pm for individual members and at any time for small business members and fob carrying corporate members.]
      3. The Facilities are to be used as or incidental to office space for the carrying out of digital business related work, and for no other use.
      4. Members shall conduct themselves in a quiet, well mannered, fashion at all times.
      5. Behaviour by a Member that is reasonably considered by the Management to be offensive, abusive or dangerous may result in the offending member being required to leave the premises and to the immediate revocation of the relevant Member’s membership.
      6. Use of the Facilities is subject to:
        1. (a) the availability of the Facilities;
        2. (b) the payment of any applicable fees and charges incurred in order to maintain Membership; and
        3. (c) compliance with the terms and conditions and any house rules that apply to the Facilities and the Hub from time to time.
      7. The Provider reserves the right to terminate any Facility at any time.
      8. The Provider may provide services that incur fees that are in addition to any basic Membership fee. By way of example, in the event that the Provider makes such services available to the Member, the Provider may choose to charge the Member for making telephone calls, sending faxes or for printing or copying documents (the “Services”).
      9. The Provider shall be entitled to host events within the Hub without prior notice to the Member, though of course, the Provider will attempt to notify the Member of such events and to minimise any inconvenience caused to the Member.
      10. If a Member notices any damage to the Hub or the Facilities, the Provider requests that the Member notifies a member of the Management to ensure that they are aware of such damage.
      11. Members and their Guests are not permitted to allow pets to enter the Hub without advance permission from the Management save that the Provider is pleased to welcome registered assistance dogs to the Hub.
      12. If the Provider considers any item within the Hub to be dangerous, then it shall be entitled to take such reasonable action, as it considers necessary, including the removal and disposal of any such item. Any items left in the Hub shall be disposed of as the Provider sees fit.
      13. Members must not leave personal possessions that they bring to the Hub unattended save that Dedicated Desk Members may (as defined at clause 2) may, unless directed otherwise by the Management, leave items on their allocated desks at their own risk.
      14. Members will not use the Facilities for any purpose that is unlawful or prohibited by this agreement. Members may not use the Facilities in any manner that could damage, disable, overburden, or impair any of the Provider’s network(s) or Wi-Fi, or interfere with any other party’s use and enjoyment of any Facilities. You may not attempt to gain unauthorised access to any Facilities, or accounts, computer systems or networks connected to any Digital Jersey Hub server or to any of the Facilities, 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 Facilities.
      15. Digital Jersey reserves the right at all times to disclose any information about Users, including their participation in and use of the Facilities, as Digital Jersey deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
      16. Members must comply with any terms and conditions imposed upon the Provider by its Landlord or any recognised regulatory body. In particular, Members must not cause the Provider to breach any term of any lease relating to the Hub.
    2. Desks
      1. Whilst Members are welcome to use desks provided for them at the Hub on a regular basis, no member, other than a Dedicated Desk Member (as defined at clause 2.3) shall be entitled to use any particular desk at the Hub.
      2. Members routinely using the same desk may be required to use an alternative desk according to availability. This is intrinsic to the Facilities we provide to all Members.
      3. The Provider may, from time to time allow Members to enhance their membership by purchasing a membership which entitles them to reserve a particular desk. Such members shall be known as “Dedicated Desk Members”.
    3. Mailing and Registered Office Addresses
      1. Only Dedicated Desk Members may arrange for Mail to be delivered to the Hub.
      2. No Member may use the address of the Hub as a “registered office” or “residential” address. In the event that the Provider discovers that the Hub’s address is being used as a registered office or residential address, the Provider shall be entitled to inform the Jersey Financial Services Commission that such use is not authorised.
    4. Guests
      1. Members shall be entitled to invite people to visit them at the Hub for purposes connected with digital business.  Such persons shall be known as “Guests”.
      2. Members must supervise their Guests at all times and, by inviting them to the Hub, accept that they are responsible for their Guests conduct and for any damage to the Facilities or the Hub that their Guests might cause.
      3. Guests are expected to conduct themselves in a quiet, well mannered fashion at all times. Behaviour by a Guest that is reasonably considered by the Management to be offensive, abusive or dangerous may result in the offending member being asked to leave the Hub. In such event, such Guest or Guests shall automatically become an “Excluded Person”.
      4. No Member shall cause or allow anExcluded Person to enter the Hub.
    5. Meeting rooms
      1. Members may reserve meeting rooms at the Hub by the hour.
      2. As with all terms of the Membership, the terms relating to the use of meeting rooms within the Hub may be altered by the Provider from time to time.
      3. Members should keep use of meeting rooms to a reasonable level of frequency in the interests of fairness to other Members and any Member considered by the Management to be booking out rooms for extended periods (presently considered to be blocks of more than two hours) unless for occasional specific events, or blocking other members from using Facilities, may be asked to reduce their usage.
  3. Payment
    1. Any Member registration and set up fees and recurring monthly fees are payable in advance and are non-refundable.
    2. Membership is non-refundable and non-transferable and may not be resold.
    3. Membership fees shall be invoiced to the Member or, in the case of a Member deriving membership through Corporate Membership, to the corporate Member by the Provider on a [monthly] [quarterly] [annual] basis with a due date of 30 days (the “Due Date”). If Members do not settle fees by the Due Date, the Provider reserves the right to cancel the Member’s Membership and to withdraw member benefits with immediate effect.
    4. If the Member wishes to query any charges that have been applied to their account, the Member must contact the Management within 30 days of the charge date
    5. Failure to use the Hub or its Facilities will not be deemed a basis for refusing to pay any charges submitted by the Provider in accordance with this Agreement.
    6. Any payment received after the Due Date canbe charged interest at the rate of 4 per cent per annum above the base rate of National Westminster Bank plc from time to time calculated on a daily basis from the due date until payment.
  4. Duration and Termination
    1. Membership of any individual who is a member by virtue of a Corporate Membership will terminate upon termination of employment of such individual by such corporate Member.
    2. Membership shall terminate on non-payment of fees in accordance with clause 3.
    3. Subject to earlier termination in accordance with the provisions of this Agreement, either party shall be entitled to terminate this Agreement for any reason and at any time on giving not less than 1 month’s prior written notice to the other party. For the avoidance of doubt the month’s notice shall begin from the date of receipt of the written notice.
    4. Subject always to the Provider’s discretion, Members whose Membership has been terminated by either party will not be eligible for Membership of the Hub for six months from termination provided that in the event of termination by the Member good reason can be given for termination and re-application within a shorter timeframe.
    5. If the Provider properly terminates this agreement as a result of a breach of this agreement by the Member, it reserves the right to retain any membership monies paid to it by the Member in order to recover any costs that the Provider may have reasonably incurred as a result of the Member’s default.Standard Duration and
  5. Termination Terms and Conditions
    1. The Provider may terminate this Agreement immediately by giving notice to the Member if:
      1. The Member becomes insolvent, goes into liquidation or becomes unable to pay the outstanding debts to the Provider when due;
      2. The Member is in breach of one of his/her obligations under this Agreement which cannot be put right or which the Provider has given notice to put right and which the Member has failed to put right within 7 days of that notice; or
      3. The Member’s conduct or that of someone at the Hot-desking Space with the Member’s permission or at his/her invitation, is incompatible with ordinary office use or does not comply with the Agreement.
      4. If the Provider is no longer able to provide workstation facilities at the Hub, then the Agreement will end and the Member will only have to pay fees up to the date it ends and for the additional Services used.
    2. If the Provider ends this Agreement for any of the reasons in 1 (the standard termination terms and conditions), it does not put an end to any outstanding obligation the Member may have and the Member must: pay for additional services used and pay the service fees for the remainder of the period for which the Agreement would have lasted had the Provider not ended it and indemnify the Provider against all costs and losses incurred as a result of the termination.
    3. Modifications to this agreement
      1. The Provider reserves the right to modify or discontinue all or part of the Services or Membership.
      2. Any amended terms and conditions relating to Membership, the Services or the Facilities shall be effective immediately after publication on the Provider’s website, https://www.digital.je/membership-terms-conditions and shall, at the request of the Member, be sent by the Provider to the Member by email to the email address provided to the Provider for such purposes by the Member. The Member’s continued use of the Services after the posting of the amended Terms on the aforementioned website constitutes (a) acknowledgment of the Terms and its modifications by the Member; and (b) agreement to abide and be bound by the Terms, as amended.
      3. The Member acknowledges and agrees that the Provider shall not be liable to the Member or any third party in event that the Provider exercises its right to modify or discontinue all or part of the Service.
      4. The Company reserves the right, in its sole discretion, to change the cost of membership upon [30] days’ prior notice.
  6. Liability
    1. Subject to clause 2 , the Provider is not liable for:
      1. any damage to or theft of members’ equipment whilst it is in the Hub, such items being brought to the Hub at the Member’s own risk. For the avoidance of doubt, this provision extends to the possessions of Dedicated Desk Members who choose to leave items on their desk;
      2. any loss as a result of its failure to provide a Facility or other service or as a result of mechanical breakdown / maintenance repair of or a shortage of fuel or to materials or liability for other cause which is beyond the Licensor’s reasonable control unless the Licensor’s failure to provide is deliberate;
      3. the death of, or injury to the Member, its employees, customers or invitees to the Building damage to any property of the Member or that of the Member’s employees, customers or other invitees to the Hub;
      4. any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Member’s employees, Guests, customers or other invitees to the Hub; and
      5. any liability whatsoever arising from any representations or purported advice or recommendations given by it or its agents or employees to a Member. This shall include any mentor scheme administered by the Provider.
    2. Nothing in clause 6 shall limit or exclude the Provider’s liability for death or personal injury or damage to property caused by negligence on the part of the Provider or its employees or agents; or any matter in respect of which it would be unlawful for the Provider to exclude or restrict liability.
    3. The Member hereby indemnifies the Provider against all claims actions, liabilities, losses, damages and expenses (including legal expenses) suffered or incurred by the Provider from:
      1. any damage to the Hub or the Facilities caused by the Member or its Guests.
      2. any third party claim arising in connection with the Member or its Guest, in connection with their use of the Hub or the Facilities.
  7. GST
    Any amounts payable by a Member to the Provider are exclusive of any applicable GST.
  8. Damage and Insurance
    1. The Member is responsible for any damage the Member causes to the Provider or Member’s facilities beyond normal wear and tear. The provider has the right to inspect the condition of the facility from time to time and make any necessary repairs.
    2. The Member is responsible for insuring their personal property against all risks. The Member has the risk of loss with respect to any of their personal property.  The Member agrees to waive any right of recovery against the Provider, its directors, officers and employees for any damage or loss to the Member’s property under their control.
  9. Notices
    1. In writing
      1. (a) Any communication in connection with this Agreement must be in writing and, unless otherwise stated, may be given in person, by post or email.
      2. (b) For the purpose of this Agreement, an electronic communication will be treated as being in writing.
      3. (c) Unless it is agreed to the contrary, any consent or agreement required under this Agreement must be given in writing.
    2. Effectiveness
      1. (a) Except as provided below, any communication in connection with this Agreement will be deemed to be given as follows:
        1. if delivered in person, at the time of delivery;
        2. if posted, five Business Days after being deposited in the post, postage prepaid, in a correctly addressed envelope; and
        3. if by email, when received in legible form.
      2. (b) A communication given under paragraph (a) but received on a non-working day or after business hours in the place of receipt will only be deemed to be given on the next working day in that place.
  10. Governing Law and Jurisdiction
    This agreement and any non contractual obligations arising out of or in connection with it shall be governed by Jersey Law and the parties hereby irrevocably that the courts of Jersey are to have jurisdiction to settle any disputes which arise out of or in connection with this agreement and that accordingly any suit, action or proceeding arising out of or in connection with this agreement may be brought in such court.

    1. The Member agrees to pay any costs, including legal fees, which the Provider reasonably incurs in enforcing the provisions of this agreement.

By signing up for membership and ticking the box to say that you have read these terms, you are agreeing to abide by them.

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