1. Acceptance of Terms
The services Createscape Coworking, LLC (“Createscape”) provides to you, the undersigned, are subject to the following Terms and Conditions (“TAC”). Createscape reserves the right to update the TAC at any time (“Revised TAC”). Your continued Createscape membership and use of the Services (defined below) after the issuance of any Revised TAC will constitute your agreement to the Revised TAC. Createscape memberships do not create a leasehold, tenancy, or any other right in property, real or personal, but rather, a prepaid license to use the provided Services.
2. Description of Services
Under your license Createscape may provide you with access to office space, work stations, Internet access, office equipment, meeting room space, and other services and amenities from time to time (collectively, “Services”). The Services at all times are subject to the TAC.
3. No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the TAC. You may not use the Services in any manner that could damage, disable, overburden, or impair any Createscape server, or the network(s) connected to any Createscape server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, accounts, computer systems or networks connected to any Createscape 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 Services.
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 these TAC 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.
4. Use of Services
You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with pyramid schemes, chain letters, junk email, junk postal mail, spamming, or any duplicative or unsolicited message (commercial or otherwise);
b. Defame, abuse, harass, injure, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Createscape servers, notice boards, events or Createscape spaces;
d. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
e. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
f. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
h. Restrict or inhibit any other user from using and enjoying the Services;
i. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
j. Violate any applicable laws or regulations;
k. Create a false identity for the purpose of misleading others.
5. Door Code & Key Responsibilities
Anyone provided a door code and/or key acknowledges and accepts responsibility for the security of the doors and spaces they access. They are expected to secure locking doors and be diligent about properly closing and locking doors behind them and that unverified visitors do not enter with them. Keys must be returned to staff upon termination of Createscape membership.
6. Confidentiality
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Createscape or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. You agree to respect and maintain this confidentiality and not to disclose any Confidential Information to any other party except as may be required by law.
7. Invoicing and Payment
Invoices are issued in advance, based on chosen membership options. Payment for the first month at the beginning of a membership is due upon invoice date and covers the prorated period beginning from the invoice date through the remainder of the first month. Payment for the next full month then is due on the 1st day of the new month. Payment subsequently auto-recurs on the 1st date of each month to cover that month unless specified otherwise. Payment for walk-in usage is to be made on the same day of use. Payment for a day pass or a meeting room booking is to be made on or before the day of use. Late fee of $15 applies for payments received 5 days after invoice date for Open Desk Membership, Dedicated Desk Membership, Flex Plan membership, Community Membership, Team Plan Membership, and Office Pod Membership. Late fee of $50 applied for payments received 5 days after invoice date for Private Office Membership.
Minimum term is 30 days and there is a one-time sign-up fee of $15. First month invoice will be a pro-rated calculated rate if the start date is after the 1st of the month, meaning that if you want to cancel after just 1 month there can be a second prorated invoice and billing for the remaining days left. Invoice billing is automatically drafted from the credit/debit card or bank on file the 1st day of each month with additional attempts in the following days if it is unsuccessful.
8. Renewals and Terminations
Once a paid period of time is fulfilled, we will not offer refunds. In case of renewal of a membership for the Services, these TAC are automatically renewed with agreement of each party upon the renewal. Createscape reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with or otherwise breach the TAC. Members may terminate this Agreement by giving a written notice via email, or in the member portal software, of termination as established in this Agreement. In addition, Createscape may terminate this agreement without cause at any time by the same method and any unused membership fee will be prorated and refunded provided you have not breached the TAC. Upon the termination date, the TAC will be of no further force and effect except for any claims, rights, damages and indemnities that may have arisen before or at such termination.
9. Participation In or Use of Services
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Createscape does not have any liability with respect to your access, participation in and use of the Services, or any loss of information, loss from theft, or damage of personal property on its premises resulting from such participation or use. You are liable for the full cost of any damages caused by you to any property in the space, owned either by Createscape or its members. All liability for children and pets is assumed by the member.
10. Severability
In the event that any provision or portion of this TAC is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TAC shall be unaffected and shall remain in full force and effect to the fullest extent permitted by applicable law.
11. Insurance
As a member, you are not required, but are strongly suggested, to carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Createscape.
12. Building Rules
It is expected that you will observe normal use of the building at all times and not damage or deface the building or its fixtures, fittings, decor and furnishings or compromise its security or protection from fire, flood, gas, electricity or weather. Members will not compromise the building security or the security of the spaces therein and will ensure that all reasonable measures are taken to safeguard the Createscape office, occupants and the occupants’ possessions. At no time should security locks be bypassed and external doors should never be propped open while unattended. Sleeping in, squatting in, or otherwise inhabiting the space for longer than 24 hours at a time is not permitted.
13. Facilities and Services
Createscape reserves the right at any time to delete, discontinue, repair or replace the equipment without any effect on this agreement. Createscape also reserves the right to make changes to the type or quantity of equipment or Services offered and to alter the hours of operation at Createscape’s discretion. Createscape might close its facilities on a temporary basis (or portions of its facilities) for maintenance, selected holidays, etc. Such temporary closures will have no effect on the validity of this agreement.
14. Rules and Regulations
You agree to follow Createscape’s membership policies and office rules. Createscape may, in its sole discretion, modify the policies and any community rules, without prior notice, at any time. Members will be notified via email any time rules are changed. The most current community rules will always be posted on the Createscape website.
15. Disclaimer of Warranties. To the maximum extent permitted by applicable law, Createscape provides the Services “as is” and with all faults, and hereby disclaims with respect to the Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, and correspondence to description or non- infringement. The entire risk as to the quality, or arising out of participation in or the use of the Services, remains with you.
16. Exclusion of Incidental, Consequential and Certain Other Damages. In no event shall Createscape or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, landlords, successors and assigns (together, “Createscape Indemnified Parties”), jointly or individually, be liable for any special, incidental, indirect, punitive, exemplary, consequential, or other similar damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, loss of privacy, failure to meet any duty, including any of good faith or of reasonable care (together, “Released Damages”) arising out of or in any way related to the performance of this agreement and the TAC, participation in or inability to participate in or use of the Services, the provision of or failure to provide Services, or otherwise under or in connection with any provision of this agreement, even in the event of (or caused by) the fault, tort (including negligence and gross negligence), strict liability, breach of contract or breach of warranty of Createscape or you. You hereby RELEASE the Createscape Indemnified Parties from any such Released Damages and WAIVE same. Createscape hereby RELEASES you from any such Released Damages and WAIVES same.
17. Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF CREATESCAPE OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS UNDER ANY PROVISION OF THIS TAC AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU (other than any Released Damages defined above to be released and waived). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 9, 15, and 16 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
18. Indemnity. You agree to indemnify, defend and hold harmless Createscape Indemnified Parties from and against any and all actions, claims for damages, and other remedies arising from any personal injury or wrongful death of you and your guests and any loss of or damage to your or your guests’ property arising out of your use of the Services or your or their presence on Createscape premises, regardless of whether caused by (and including) any negligence (sole, joint or concurrent), gross negligence, strict liability or other legal fault of Createscape Indemnified Parties, and hereby RELEASE Createscape Indemnified Parties from same. By agreeing to these terms, you understand and expressly agree that use of any Createscape facility, involves the risk of injury to the user and guests whether caused by negligence or not. It is understood that there are unanticipated risks ranging from minor to serious injuries. In consideration of participation in the activities and use of the facilities and equipment offered by Createscape, you understand and voluntarily assume full responsibility for any and all risks to which you and your guests are exposed, and you and they willingly accept all risks including injury or death. Users agree that Createscape Indemnified Parties shall not be liable for any injury or damages, including but not limited to death, personal injury, including physical or emotional, property damage, economic loss or any other injuries or damages to the user, spouse, domestic partner, guest, children, unborn children or relatives, EVEN IF resulting from any negligence, gross negligence, strict liability or other legal fault of Createscape Indemnified Parties. You and your guests assume the risk of injury associated with any and all activities on the premises specifically including but not limited to use of any equipment. All users, including you and your guests, understand that they are liable for all damages caused to Createscape’s facility, its members, and their property caused by the user or their guests. You acknowledge and understand that by agreeing to these TAC, you are waiving the right to assert any claim against Createscape Indemnified Parties for any of your or their future injuries or damages as waived, released and indemnified above. Users expressly waive the right to sue Createscape for any such damages, injuries or death, waived, released and indemnified above, arising from the membership or participation in any activity at any Createscape facility.
19. Applicable Law. The TAC and agreements embodied therein shall be subject to and interpreted in accordance with the laws of the state of Texas without regard to conflicts of law. Venue for any dispute shall be the state courts of Travis County, Texas, or any federal court having jurisdiction sitting in Travis County, Texas. To the extent permitted by law, you and Createscape waive trial by jury.
OUR PROMISE TO YOU
We value having you as part of our community and are committed to doing all we can to make sure that you and your guests have:
A productive and enjoyable place to work
Workspace, power, fast internet, coffee and tea
Hassle-free use of our meeting rooms
An incredible community of smart, friendly and helpful independent coworkers to connect with in Austin
A personal login to the Createscape Member Portal and access to our online community
All information you need to participate in Createscape community events and activities
Opportunities to host events of your own, including classes, social gatherings, and workshops
A vibrant, uplifting space to call your professional home, even if it’s just to stop by and say hello
Advance notice of any changes to services, fees or other updates, sent to the email address(es) you’ve provided us
An honest commitment to serve you to the very best of our ability. That said, we are human and fallible. Should something go wrong, Createscape can’t be held legally responsible. If you’re hacked while on our network, if our WiFi goes down, or if someone steals something from you, we cannot be held liable. We will, however, do whatever we can to help you resolve the issue.
An always-open line of communication and confidence that you can share with us any and all questions, concerns, and ideas. (info@createscapework.co or 512-356-9814)
YOUR RESPONSIBILITIES
Createscape is a workplace. The space and your neighbors must be treated with respect and consideration. When you leave the premises, make sure the space is in the same condition (or better!) as it was when you arrived.
Your personal items are your responsibility. It’s your job to make sure that you do not leave anything at Createscape when you depart, unless it’s A) in your private office, B) on your personal desk, or C) in your paid locker. If you do leave item(s) behind we will keep the item in our lost & found for up to 1 week. After 1 week has passed, we may consider the item abandoned property and are free to decide what to do with it. If you do need something, please let us know. We’re here to help.
Should you purposely, or accidentally, damage or lose any property of Createscape or another member, it is your responsibility to replace the property or otherwise make the situation right.
Respect your neighbor. When you see something on somebody’s monitor, left at the printer, or on a whiteboard, keep in mind that it may be confidential information and do not share or discuss the contents with anyone without explicit permission.
Practice kindness. We have zero tolerance for harassment. Every Createscape member and guest should feel welcome, comfortable, and productive in our space regardless of race, gender, sexual orientation, gender identity, religion or other personal attributes or beliefs.
Think before you click. Torrents, pornography, or anything else which may be illegal or otherwise hog internet bandwidth is not allowed. Createscape cannot be responsible for third-party data, websites, links or services. Please make sure that you’ve read and understood the “Use of Services” section of our Terms & Conditions.
Keep it legal. We have zero tolerance for anyone using the Createscape space or resources to conduct or pursue any illegal activities, or any activity that is generally regarded as offensive.
We have a zero-tolerance policy for behavior that is deemed to be discriminatory or harassment of any kind.
Provide us with advance notice prior to hosting any event at Createscape.
Keep the space secure. If we’ve entrusted you with keys or door codes to get into the building and/or Createscape, do not share them with anyone else without permission from Createscape’s staff. Do not allow any guest(s) to enter the space without making sure they have signed in on the visitor tablet at the admin desk.
Communication is a two-way street. You’re responsible for letting us know right away if there are any changes to your contact and payment information. It’s also on you to read the emails we send you with changes to our services, fees and other updates.
ADDITIONAL RESPONSIBILITIES IF YOU HAVE A PRIVATE OFFICE, OFFICE POD, OR DEDICATED DESK
Make your space your own. Personalize things all you want—we love that. Just remember that you’re responsible for the full cost and expense if we have to replace or repair anything when you move out.
Your private office comes furnished with a door lock provided by Createscape. Should you decide to install any additional locks within the private office, please remove them on or before the last day of your membership. You agree to be held responsible for any locksmith costs if locks are left in the space after your membership is terminated.
Cobot is the web platform used by Createscape Coworking to provide this website.
See Cobot Terms
