Legal Agreement: Terms of Service
TERMS AND CONDITIONS OF MEMBERSHIP
**Update to Meeting Room Cancellation Policy
Acceptance of Agreement: The Services that Duncan Mill Hive provides to you, as an active Member, including but not limited to building access, use of office space, access to Internet, and the other Services listed below, are subject to the following Membership Agreement (the Agreement). Members will abide by the Agreement, as well as other terms determined by Duncan Mill Hive staff, which may be communicated verbally, by email or written notice. Duncan Mill Hive reserves the right to add, delete or amend the Agreement at our reasonable discretion without notice to Members. Members continued use (membership) of Duncan Mill Hive facilities and services following any changes to the Agreement constitutes your acceptance of such new term(s).
1. LIMITED RIGHTS TO USE OF SPACE
1.1. I understand that membership does not constitute a lease or sublease but is only a license to use the space at Duncan Mill Hive.
1.2 I understand that membership may be revoked at the discretion of Duncan Mill Hive. If membership is revoked, Duncan Mill Hive will return any membership dues for the remaining period of membership, and the member will forfeit all privileges of membership.
1.3 All amenities provided by Duncan Mill Hive, including but not limited to opening hours, availability of particular working area, use of printer, or availability of the Internet are to be deemed as additional privileges of member and availability and costs are subject to change.
1.4 I understand that use of Duncan Mill Hive may on occasion be disrupted. This may include but is not limited to: (i) access to events or Services offered on the premises, and (ii) access to specific work areas or in rare circumstances the entire building.
1.5 Duncan Mill Hive will make a reasonable effort to notify Members in advance of any known Service disruptions or changes to Services provided by Duncan Mill Hive.
1.6 For memberships that include the use of Duncan Mill Hive as a business address. If/When you cancel your membership, you agree to remove Duncan Mill Hive address or images on your website, Google My Business page or on any other print or digital materials thereafter. If it remains on any platforms after that date you will be invoiced for our Virtual Mail Plan on a month-to-month basis until you are able to remove them all.
2. TERMS OF PAYMENT
2.1. I understand that I am responsible to pay for the selected Membership type and period, as designated in the Membership Contract.
2.2 I understand that memberships are paid on a monthly basis starting on day of sign-up (with the exception of Community membership which is paid quarterly) and my account will be charged automatically through Proximity membership portal via credit card.
2.3 I understand that membership privileges may be withheld if Payments are outstanding.
2.4 I understand that membership fees are non-refundable, except under exceptional circumstances and at the discretion of Duncan Mill Hive. Unused days expire each calendar month; days cannot be carried over to the following month.
2.5 I understand that meeting space rental fees are non-refundable. Meeting space rentals may be rescheduled, and the fee transferred to another room rental only, with a minimum of 48 hours notice. For a series of workshops or weekend workshops, a minimum of 7 days notice is required. If a meeting space rental is cancelled more than 7 days in advance and a refund is requested, there will be a $50 administrative fee deducted for any events that were booked for the boardroom and a $25 administrative fee deducted for any events booked in our meeting room, daily private office, or podcast/media room.
Rescheduled dates are subject to availability. If a meeting space rental is cancelled from either party due to Force Majeure (see 5.5 Force Majeure below), a full credit or refund will be added to the account.
3. RESPECT FOR COMMUNITY INTERESTS
3.1. I understand that no member, including myself, has rights to permanent use of any given space except under written agreement with Duncan Mill Hive.
3.2 I agree not to maintain or store any inventory of goods in common areas of the premises that have not been expressly designed for such purpose.
3.3 I understand that I must clean up after myself and my guests.
3.4 I understand that I must receive permission from Duncan Mill Hive to post signs, host events, or otherwise use the space in ways that may impose on the interests of the membership community.
3.5 I understand that all events and workshops are subject to approval. Duncan Mill Hive reserves the right to refuse events deemed inappropriate to the space or the community.
3.6 I agree not to act in a manner that, in Duncan Mill Hive’s sole discretion, does or is likely to adversely affect the peaceful operation or enjoyment of Duncan Mill Hive, the building in which the space is located, or the building’s occupants, guests or contractors.
4. NO ILLEGAL OR OTHERWISE OBJECTIONABLE ACTIVITY
4.1. I agree not to engage in any illegal activity in Duncan Mill Hive or in or around the building in which Duncan Mill Hive is located.
4.2 I agree not to engage in any online or business activity of any sort that may damage or impair the functioning of Duncan Mill Hive or its Services, including but not limited to overburdening or impairing any servers or networks connected to Duncan Mill Hive.
4.3 I agree not to engage in any online or business activities of a questionable moral character that may damage or otherwise adversely affect the benefits of Membership, Duncan Mill Hive’s reputation, or the reputation of the Members of Duncan Mill Hive, including but not limited to using Duncan Mill Hive in connection with spam, identity theft, defaming or harassing others, uploading or downloading profane or indecent material. Such judgements will be made at the sole discretion of Duncan Mill Hive.
4.4 I understand that Duncan Mill Hive provides internet as a service to members but has no control over service disruptions by internet provider or electrical outages which may result in disrupted service.
5. INDEMNIFICATION AND LIMITED LIABILITY
5.1. I understand that if someone or something at Duncan Mill Hive gets hurt or damaged as a result of my negligence, that I am responsible to pay for that injury or damage, either directly or through my own insurance.
5.2. In no event shall Duncan Mill Hive, or its agents, employees, members, shareholders or guest be liable for any direct, special, incidental, 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, 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 Duncan Mill Hive or its services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement.
5.3. I AGREE NOT TO HOLD Duncan Mill Hive OR ITS EMPLOYEES OR AGENTS RESPONSIBLE FOR the loss, theft, or damage of Members’ personal belongings including but not limited to laptop computers, cell phones, tablets, clothing, bags, wallets or books.
5.4. Duncan Mill Hive will carry proper insurance for property belonging to Duncan Mill Hive. As a Member, it is strongly suggested that you carry your own liability and personal property insurance policy to cover your own property and to protect yourself against damage to Duncan Mill Hive, or other Members’ personal belongings. Additional liability insurance may be required for workshops and events.
5.5. Force Majeure - We will not be required to perform or be held liable for any failure to perform our obligations due to a Force Majeure Event. For purposes of this Agreement, “Force Majeure Event” means any act of God, fire, flood, earthquake, natural disaster, war, act of terrorism, civil disorder, unauthorized strike, governmental order, pandemic (including the health threats of COVID-19 or other infectious diseases), quarantine, recognized health threat, interruption of public utilities, curtailment of transportation systems, inability to access the Facility, or other cause beyond our reasonable control. We will notify and consult with you regarding the Force Majeure Event and how to minimize its impact, and in all cases will make commercially reasonable efforts to address the problem and carry out our obligations.
6. FINAL PROVISIONS
6.1. I understand that Duncan Mill Hive reserves the right to update these Terms and Conditions of Membership at any time.
6.2. In the event that any provision or portion of these Terms and Conditions of Membership are determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions shall be unaffected and shall remain in full force and effect to the fullest extent permitted by the law.
6.3 The rights and obligations not specified herein shall be governed by laws of the Province of Ontario.
VACCINE POLICY AND COVID PROTOCOLS - UPDATED APR 25/22
We currently require members and guests to sign in at our front entrance. We update this section as needed based on Covid safety protocol changes and by-laws from the Government of Ontario and the Toronto Public Health Board.
By agreeing to be a member through Proximity, I represent that I have read the above Terms and Conditions of Membership in their entirety, have been given the opportunity to ask questions, and that I understand and agree to abide by the above Terms and Conditions of Membership.