General Terms and Conditions

Membership Term and Conditions March 2018

The Stable Creative Hub (Hub Weston CIC)

A. Overview The Stable Creative Hub is a coworking space located at 3-6 Wadham Street, Weston-super-Mare, BS23 1JY. Our membership must comprise at least 90% tech, digital and creative businesses. This is very important for the future of our community, and also fulfils the Terms and Conditions of our funding agreement with the West of England Local Enterprise Partnership (LEP) as a Community Interest Company (CIC) i.e.: "the hub will offer a range of facilities, services and support to enable entrepreneurs in the tech, digital and creative industries to take their first steps in setting up their own businesses within a vibrant collaborative community".

It is for this reason, that members must certify that the business they represent falls into Section J or section M as defined in the UK Standard Classification of Economic Activities 2007 (download the Main Volume PDF and ask us if questions remain). As a rule of thumb, if you are a pure tech or digital creative then you will be fine; agencies or similar may or may not qualify.

B. Prices as shown on website All prices shown on the website are EXCLUSIVE OF VAT unless otherwise noted.

C. Non-creative enterprises We can house a limited number of members (10%) outside of these classifications but they must apply for a professional membership instead (annual membership), and be voted on for acceptance by our creative and tech members to ensure that they will be welcomed and accepted, and subscribe to the values we are trying to promote within our space.

The Stable's initial, core community members (who join during Phase One to end 2018) will be made up of digital, tech and creative people and businesses. Those who believe that they or their activities are a good fit for The Stable (but whose professions or activities fall outside of categories J or M) are welcome to apply for professional membership. Additional floor space will become available during Phase 2 of the project in late 2018 or into 2019. This might support some additional business uses depending on demand and also on the agreement of the initial hub user community.

By applying for membership of The Stable, you agree that you understand the above, and certify that you or your business operates under one of the above classifications (J or M). Contact The Stable if you have any questions around membership criteria or suitability.

D. Registered Business Addresses Members of The Stable may use it as their registered business address if certain criteria are met, as set by HMRC and its money laundering regulations. HUB Weston CIC reserves the right to refuse a given business address request at its discretion.

Please read these Terms and Conditions: they form the basis of our relationship.

  1. Acceptance of Terms

The services Hub Weston CIC provides to you are subject to the following Terms and Conditions (T&C). Hub Weston CIC reserves the right to update the T&C at any time without notice to you.

Hub Weston CIC membership does not create a tenancy but a prepaid usage licence to use the provided amenities on a calendar day, calendar month or casual basis. This covers both hour-based memberships and any room hire or private office use arrangements.

  1. Description of Services Hub Weston CIC may provide you with access to office space, 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. No Unlawful or Prohibited Use 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 Hub Weston CIC's server, or interfere with any other party's use and enjoyment of any Services.

You may not attempt to gain unauthorised access to any Services, accounts, computer systems or networks connected to any Hub Weston CIC 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, nor should you post or download files that you know or should know are illegal or that you have no rights to.

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 authorisation 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.

  1. Use of services You agree that when participating in or using the Services, you will not:

" use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or unsolicited messages (commercial or otherwise); " defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; " view, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Hub Weston CIC servers; " 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 a limitation, copyright, 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. " 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; " upload files that contain viruses, Trojan Horses, Worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker; " download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner. " restrict or inhibit any other user from using and enjoying the Services. " violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules); " harvest or otherwise collect information about other, including email addresses, without the authorisation or consent of the disclosing party; " violate any applicable laws or regulations; or " create false identity for the purpose of misleading others.

  1. Renewals and Terminations This Agreement is automatically renewed at the end of each period with consent of each party.

The T&C must be adhered to at all times. Failure to follow the T&C can result in non-renewal or even early termination of the usage licence. Hub Weston CIC 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, Hub Weston CIC may refund any amounts paid for unused periods that remain after deducting any pending charges, on a pro-rata basis.

Members may terminate this Agreement by notifying their termination request as established in this Agreement, via the Spaces system or in writing via an email to Hub staff. Termination shall be in effect as of the end of that billing period. Should a Member not provide timely notice of termination to Hub Weston CIC 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.

  1. Invoicing and Payment Members are automatically invoiced monthly in advance for space/ lockers, based on their membership option/ locker choice. Members are then invoiced monthly in arrears for other costs incurred over the course of that month such as printing costs, meeting room or venue hire, and any telephony usage that may have been incurred during the previous period if such services are available. Card Payment is required at the beginning of the month for the period ahead, at the date specified in the invoice. Payment for casual usage is either paid on the day of use using a card payment only, unless other arrangements have been made with Hub Weston CIC (payment must be made by Card/ Direct Debit/ GoCardless unless otherwise agreed). Hub Weston CIC reserves the right to charge a £20 non-Direct Debit fee per transaction if payment is made in any other way. Cash or cheques are not accepted or processed at The Stable.

Members' card details will be securely retained by our system and in agreeing to these Membership T&C, you understand and agree that any outstanding payments will be taken automatically at the end of the month. Monthly memberships in advance will be taken from the card as agreed until a contract is terminated. A contract must be terminated 72 hours in advance of the next payment going out.

Hub Weston CIC reserves the right at all times to disclose any information about you, your participation in and use of the Services as Hub Weston CIC 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 at Hub Weston CIC's sole discretion.

  1. 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 Hub Weston CIC or any participant or user of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Hub Weston CIC, any analyses, compilations, studies or other documents prepared by Hub Weston CIC or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.

  2. Your participation in and/or use of the Services obligates you to: " maintain all Confidential Information in strict confidence; " not to disclose Confidential Information to any third parties; " not to use the Confidential Information in any way directly or indirectly determined to Hub Weston CIC or any participant or user of the Services.

All confidential information remains the sole and exclusive property of Hub Weston CIC or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of Hub Weston CIC or any participant or user of the Services.

  1. CCTV Closed-circuit television cameras are located throughout the building and are recording 24-7. This is for staff safety and security and to help staff monitor a large building from reception or elsewhere. Under normal circumstance, only The Stable staff and the board of Hub Weston CIC have access to the data, which is stored for up to six weeks. This data may be shared with official or other bodies such as the police in the event of a crime having happened/ to investigate a possible crime.

  2. 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 Hub Weston CIC 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.

  3. Disclaimer of Warranties To the maximum extent permitted by the applicable law, Hub Weston CIC 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: 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, 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.

  4. Exclusion of Incidental, Consequential and Certain Other Damages To the maximum extent permitted by the applicable law, in no event shall Hub Weston CIC 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, jointly and/or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the 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 the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Hub Weston CIC, and even if Hub Weston CIC has been advised of the possibility of such damages.

  5. 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 Hub Weston CIC 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 T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to [tbc]. The foregoing limitations, exclusions and disclaimers, including the previous sections, shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

  6. Non-Disparagement 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 Hub Weston CIC, or any of Hub Weston CIC officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

  7. Indemnification You release, and hereby agree to indemnify, defend and save harmless Hub Weston CIC and Hub Weston CIC 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, judgements, 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. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by Hub Weston CIC or its respective officers and agents in connection with the defence of such claim or lawsuit.

  8. 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.

  9. Insurance Hub Weston CIC carries Liability and Business Personal Property insurance. As a Hub user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space (ie contents insurance for your goods while out of your home). That policy may cover your current residence/office, as well as the premises of Hub Weston CIC. Lockers are available to rent to those on some monthly and annually rolling agreements and will be charged monthly in advance.

  10. Policies at The Stable for monthly/ annual members If using space at The Stable on a monthly or annual basis, you will be issued with various policies including fire, health and safety, lone working and more. It is your responsibility to read and understand all policies and procedures and you will be required to sign confirming your understanding and adherence to all policies in order to continuing using The Stable. Following an initial period of use of not more than two weeks, you will have a more in-depth one-on-one induction with a member of The Stable staff to complete this procedure and as an opportunity for you to ask any questions.

  11. Policies at The Stable for Postal Address and Registered Business Address users If your mail is received at, or your business is officially registered at, The Stable, policies surrounding this will apply and must be adhered to. Mail received at The Stable by any person or business that has not set up the correct arrangements with The Stable's in-house staff in advance of receiving any mail (or with a third party carrying out similar official functions on behalf of The Stable) will be returned to sender or shredded on receipt, without exception. This is due to HMRC money-laundering regulations, checks and measures which must be in place prior to the receipt of mail. Original proof of both photographic ID and of home address will be required.

  12. What you can expect from The Stable/ what The Stable can expect from you You should only be receiving this email or reading this text if you have shown an interest in using the services of The Stable, for example by submitting or preparing to submit an application form to join as a member or following an enquiry concerning same. If you have any additional questions concerning any element of this document or of visiting or using The Stable, contact [email protected] at any time.

  13. Privacy policy

21.1 Introduction 1.1 We are committed to safeguarding the privacy of visitors to our website, www.thestableweston.com. In this policy we explain how we will treat your personal information. 1.2 By using our website and agreeing to this policy and our cookie policy, you consent to our use of cookies in accordance with the terms of this policy. 21.2 Collecting personal information 1.1 We may collect, store and use the following kinds of personal information: (a) Information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths; (b) Information that you provide to us when registering with our website (including your email address); (c) Information that you provide when completing your profile on our website (including your name, profile pictures, gender, date of birth, interests and hobbies, educational details and employment details); (d) Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address); (e) Information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use); (f) Information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address and card details); (g) Information that you post to our website for publication on the internet (including your user name; your profile pictures; your work style, type and history; the content of your posts); (h) Information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication); and (i) Any other personal information that you choose to send to us. Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy. 21.3 Using personal information 2. 1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website. 21.4 We may use your personal information to: (a) administer our website and business; (b) personalise our website for you; (c) enable your use of the services available on our website; (d) send you goods purchased through our website; (e) supply to you services purchased through our website; (f) send statements, invoices and payment reminders to you, and collect payments from you; (g) send you non-marketing commercial communications; (h) send you email notifications that you have specifically requested; (i) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter); (j) send you marketing communications relating to our business (or the businesses of carefully-selected third parties) which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications); (k) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information); (l) deal with enquiries and complaints made by or about you relating to our website; (m) keep our website secure and prevent fraud; and (n) verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through any website private messaging service we might introduce). 3.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us. 3.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website. 3.5 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing. 21.5 All our website financial transactions are handled through our payment services provider, Stripe. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds. 22 Disclosing personal information

  1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
  2. We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
  3. We may disclose your personal information: (a) to the extent that we are required to do so by law; (b) in connection with any ongoing or prospective legal proceedings; (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); (d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and (e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
  4. Except as provided in this policy, we will not provide your personal information to third parties. 23 International data transfers The Stable purely operates in the UK at present. Should this expand, our policy relating to international data transfers is outlined below.

23.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. 23.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India. 23.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others. 23.4 You expressly agree to the transfers of personal information described in this Section 5. 24 Retaining personal information 24.2 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information. 24.3 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. 24.4 Without prejudice to Section 6.2, we will usually delete personal data falling within the categories set out below at the date/time set out below: (a) personal data will be deleted 18 months after your last visit or communication with The Stable. 24.5 Notwithstanding the other provisions of this Section, we will retain documents (including electronic documents) containing personal data: (a) to the extent that we are required to do so by law; (b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk). 25 Security of personal information 25.2 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. 25.3 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. 25.4 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website). 26 Amendments 26.2 We may update this policy from time to time by publishing a new version on our website. 26.3 You should check this page occasionally to ensure you are happy with any changes to this policy. 26.4 We may notify you of changes to this policy by email or through any private messaging system on our website. 27 Your rights 27.2 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to: (a) the payment of a fee (currently fixed at GBP 10); and (b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a passport, a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address). 27.3 We may withhold personal information that you request to the extent permitted by law. 27.4 You may instruct us at any time not to process your personal information for marketing purposes. 27.5 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes. 28 Third party websites 28.2 Our website may include hyperlinks to, and details of, third party websites. 28.3 We have no control over, and are not responsible for, the privacy policies and practices of third parties. 29 Updating information 29.2 Please let us know if the personal information that we hold about you needs to be corrected or updated. 30 Cookies 30.2 Our website uses cookies. 30.3 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. 30.4 Cookies may be either 'persistent' cookies or 'session' cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie will expire at the end of the user session, when the web browser is closed. 30.5 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. 30.6 We may use both session and persistent cookies on our website. 30.7 Most browsers allow you to refuse to accept cookies; for example: (a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced"; (b) in Firefox (version 47) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and (c) in Chrome (version 52), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading. 30.7 Blocking all cookies will have a negative impact upon the usability of many websites. 30.8 If you block cookies, you may not be able to use all the features on our website. 30.9 You can delete cookies already stored on your computer; for example: (a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11); (b) in Firefox (version 47), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history" from the drop-down menu, clicking "Show Cookies", and then clicking "Remove All Cookies"; and (c) in Chrome (version 52), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Cookies and other site and plug-in data" before clicking "Clear browsing data". 30.9 Deleting cookies will have a negative impact on the usability of many websites. 31 Data protection registration 31.1 We are registered as a Data Controller with the UK Information Commissioner's Office. 31.2 Our data protection registration number is ZA281736. 32 Our details 32.1 This website is owned and operated by Hub Weston CIC. View us on Companies House: https://beta.companieshouse.gov.uk/company/10598139 32.2 We are registered in England and Wales under registration number 10598139 and our registered office is at 3-6 Wadham Street, Weston-super-Mare, BS23 1JY, UK. 32.3 Our principal place of business is at 3-6 Wadham Street, Weston-super-Mare, BS23 1JY, UK. 32.4 You can contact us: (a) in person at The Stable Creative Hub, 3-6 Wadham Street, Weston-super-Mare; (b) by post, using the postal address given above; (c) using our website contact form; (d) by telephone, on the contact number published on our website from time to time; or (e) by email, using the email address [email protected] published on our website from time to time.

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