SPOD provides you (a) landlords and other providers of commercial office space (“ Office Providers”); and (b) individuals or businesses (each, a “Client”) seeking to rent or otherwise use office space (collectively the “ Service”).
The Service allows (a) Office Providers to advertise available commercial office space (“Space”) by creating and posting listings for such Space on the Site (“ Listings”); and (b) Clients to search for and enter into agreements to occupy the available Space directly with the Office Providers (a “Space Agreement ”).
Terms which apply to our relationship with you
These terms govern the relationship between SPOD and Office Providers, and between SPOD and Clients (Office Providers and Clients collectively referred to in these Terms of Business as “you ”). It does not govern the relationship between Office Providers and Clients which shall be subject to the Space Agreement entered into by the relevant Client and Office Provider.
Your use of the Service is subject to these Terms of Business and by using the Service you agree to be bound by them. You should print a copy of these terms and conditions for future reference. These Terms of Business contain the only terms and conditions that apply to our relationship with you. We intend to rely on these Terms of Business as setting out the written terms of our agreement with you for the provision of the Service. Unless we expressly agree with you otherwise, this means that any standard terms which you might use will not apply to our relationship.
We reserve the right to change these Terms of Business from time to time, but the most current version of the Terms of Business will always be at Spod . Any changes will take effect on the date that we publish the new Terms of Business on the Site. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something. They will not affect any existing relationships between Office Providers and their Clients, it will affect any new Clients or Office Providers that subscribe to our Service, or any Listings posted or Space Agreements entered into after the changes take effect. Normally, we will try to give you some warning before the new terms become effective; however, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
We may, at our discretion, offer incentives to Clients to use the Service. If and when we do, such incentives may be subject to additional terms and conditions
Making Bookings
You may request to use Workplace Facilities by submitting a Booking to SPOD
Each Booking shall be deemed to be a separate offer by you.
SPOD shall notify you if it accepts a Booking on behalf of the Host and shall confirm to you the applicable Price(s). No Booking shall be binding on SPOD or a Host unless and until SPOD notifies you, on behalf of the Host, that it accepts the Booking.
SPOD shall have no obligation to process a Booking unless the Booking is submitted not later than the Cut-off Time on the working day before the date on which you request to use the Workplace Facilities as specified in the Booking Data, and either:
there are more unused SPOD Credits in your Organisation's Account than the value of the applicable Price(s); or the Booking is a Free Booking submitted during a Free Trial Period. You must promptly, and in any event no later than the Cut-off Time on the working day before the date on which you or a Member are due to use the Workplace Facilities in accordance with the Booking Data, notify SPODVof any request to cancel a Booking.
SPOD shall promptly notify you if a Host cancels a Booking for any reason.
You shall be responsible for your use of the Workplace Facilities, including (without limitation) for complying with the Host Terms and Conditions applicable to any Workplace Facilities that you use. You shall indemnify SPOD and its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer's fees) arising out of any non-compliance by you with the Host Terms and Conditions.
SPOD does not give any representations, warranties or conditions of any kind, and shall not be responsible to you, with respect to your use of the Workplace Facilities, including (without limitation) with respect to:
the quality, availability, suitability or fitness for a particular purpose of the Workplace Facilities; conformance of the Workplace Facilities with any description provided to you by SPOD or otherwise.
Privacy
Please see our Privacy and Cookies Policy to understand how we collect, use and share information that relates to you.
General obligations
You must comply with all applicable laws and regulations with respect to your use of the SPOD Service and your activities under these SPOD Terms; must use the SPOD Service in accordance with the terms of these SPOD Terms; must notify SPOD in writing if there are any changes to any of your contact details; are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems in order to use the SPOD Service; and must not do, or allow other persons to do, any of the following: access, store, distribute, or transmit any Virus in connection with your use of the SPOD Service; use the SPOD Service to access, store, distribute, or transmit any material that is unlawful, harmful, threatening, defamatory, inflammatory, violent, obscene, infringing, harassing, or racially or ethnically offensive; use the SPOD Service in a manner that is illegal or causes damage or injury to any person or property; use any automated system, including without limitation "robots", "spiders", or "offline readers", to access or use the SPOD Service in a manner that sends more request messages to SPOD than a human can reasonably produce in the same period of time by using a conventional online web browser; attempt to interfere with or compromise the integrity or security of the SPOD Service, and Hubble reserves the right, without liability or prejudice to its other rights under these SPOD Terms, to disable your access to all or any part of the SPOD Service, for any breach.
SPOD may monitor your use of the SPOD Service to ensure the quality of, and improve, the SPOD Service, and verify your compliance with these SPOD Terms.
Confidential information:
Each party may be given access to Confidential Information from the other party in order to perform its obligations under these SPOD Terms. A party's Confidential Information shall not be deemed to include information that: is or becomes publicly known other than through any act or omission of the receiving party; was in the other party's lawful possession before the disclosure; is lawfully disclosed to the receiving party by a third party without restriction on disclosure; is independently developed by the receiving party, which independent development can be shown by written evidence; or is required to be disclosed by law, by any court of competent jurisdiction, or by any regulatory or administrative body.
Each party shall hold the other party's Confidential Information in confidence and, unless required by law, shall not make the other party's Confidential Information available for use for any purpose other than as needed to perform the terms of these SPOD Pass Terms.
Each party shall hold the other party's Confidential Information in confidence and, unless required by law, shall not make the other party's Confidential Information available for use for any purpose other than as needed to perform the terms of these SPOD Terms.
Each party shall take all reasonable steps to ensure that the other party's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms.
Each party shall take a backup of its own Confidential Information and shall not be responsible to the other party for any loss, destruction, alteration, or disclosure of Confidential Information.
Availability and Support
SPOD will use commercially reasonable endeavours to make the SPOD Service available with an uptime rate of 99%, except for: planned maintenance; and unscheduled maintenance during normal business hours or otherwise, for which SPOD will use reasonable endeavours to give you advance notice. SPOD will use reasonable endeavours to provide a level of support and advice on the use of the SPOD Pass Service that is appropriate to the nature of any issues requiring support or advice during normal working hours.
You must provide all support reasonably required by SPOD to perform its obligations including providing reasonably detailed descriptions of issues and updates on the performance of the SPOD Pass Service.