TERMS OF SERVICE

WorkSPACE Terms of Service

  1. Agreement. This Terms of Service document may hereinafter be referenced as “Agreement”, “Terms of Service”, or “TOS”. Such references shall refer to this Terms of Service document.
  2. Signup Form. Completing the Workspace signup form at JOIN NOW is Customer’s acknowledgement that he has read this Agreement in its entirety and agrees with this Agreement in its entirety.
  3. Customer. The person whose name appears on the Signup Form is the Customer.
  4. Service Address. The Service Address is 212B West Columbia, Farmington, Missouri 63640.
  5. Services Provided. Service Provider agrees to accept mail and packages addressed to Customer at the Service Address. Customer may use the Service Address as his business address solely for the purpose of receiving mail, subject further to the exceptions specified in the Agreement and limited to activities permissible by law in the state of Missouri. Customer may pick up his mail and packages during the Hours of Operation, as defined elsewhere in this Agreement. Service Provider agrees to provide four (4) hours of conference room usage during the Hours of Operation per calendar month to Customer. Unused conference room usage in one month does not carry over into the following month. Additional conference room usage may be requested by Customer and, if conference room time is available, shall be billed at a published rate available on Service Provider’s web site.
  6. Hours of Operation. 24/7
  7. Term of Agreement. The term of this Agreement (“Term”) is three months. If Customer cancels before the completion of the Term, Service Provider shall bill Customer for the remainder of the Term. After the Term of three months, the Agreement follows the Automatic Renewal policy specified elsewhere in this Agreement.
  8. Automatic Renewal. This agreement automatically renews at the end of the Term and at the end of each month thereafter for one (1) month increments unless Customer gives thirty (30) days of notice of intention to terminate this Agreement. Service Provider may terminate this Agreement after the Term upon giving Customer thirty (30) days of notice of intention to terminate this Agreement.
  9. Termination. Notices to terminate the Agreement must be in writing and delivered to an officer or authorized representative of the other party concerned or sent by registered mail to Service Provider or Customer address as appropriate. Service Provider may terminate this Agreement immediately by giving Customer notice if: (i) Customer becomes insolvent, goes into liquidation, or becomes unable to pay his debts as they fall due, (ii) Customer is in breach of one of his obligations which cannot be cured, or (iii) Customer’s conduct, or that of someone at the Service Address with Customer’s permission or at Customer’s invitation, is illegal, fraudulent, defamatory, or incompatible with ordinary office use. If Service Provider terminates the Agreement for any of the aforementioned reasons, it does not eliminate any then outstanding obligations Customer may have and Customer must: (i) pay for additional services Customer has used, and (ii) pay the standard fee for the remainder of the period for which Customer’s agreement would have lasted had Service Provider not terminated the Agreement, or (if longer) for a further period of three months, and indemnify Service Provider against all costs and losses Service Provider incurs as a result of the termination.
  10. Setup Fee. There may be a setup fee (“Setup Fee”) associated with the Services Provided. The Setup Fee shall be clearly listed on the Signup Form. The Setup Fee is a non-refundable fee. The Setup Fee shall be charged to the Customer’s credit card upon completion of the Signup Form.
  11. Monthly Fee. The monthly fee for the Services Provided (“Monthly Fee”) shall be clearly listed on the Signup Form. The Monthly Fee shall be payable monthly on or before the first day of every month. If Customer begins service in the middle of a month, the first month shall be prorated and subsequent months shall be billed at the Monthly Fee. Monthly Fees must be paid via credit card, except that prepayments of multiple months may be made by check. Service Provider may from time to time increase the Monthly Fee after the initial Term.
  12. Currency. All fees are payable in U.S. dollars. If checks are permitted in certain situations by this Agreement as a payment method, the checks must be drawn on a U.S. bank.
  13. Bounced Check Fee. If Customer’s check bounces, Customer shall promptly pay the original amount due plus a $25 bounced check fee for every bounced check.
  14. Declined Credit Cards. If Customer’s credit card is declined, Customer shall promptly pay the original amount due plus a $25 declined card fee. Customer shall either pay with a different card or, if the declined card’s credit status has been repaired, with the same card.
  15. Permitted Mail and Packages. Service Provider will not accept any items exceeding 4.5 kg (10 lbs.) in weight, 46 cm (18″) in any dimension, 0.03 cubic metres (1 cubic foot) in volume or if it contains any dangerous, live, or perishable goods and shall be entitled in its absolute discretion to returned uncollected items or refuse to accept any quantity of items it considers unreasonable or unlawful.
  16. Use of Service. Customer warrants that it will not use any of the rights granted in this Agreement for any obscene, illegal, immoral or defamatory purposes and will not in any way bring Service Provider into disrepute. Customer will not in any way whatsoever use or combine Service Provider’s trade name or legal name, in whole or in part, for the purpose of trading activities. Service Provider reserves the right to cooperate with any official investigating authority if required in relation to any allegations of impropriety against Customer.
  17. Assignment. Customer may not assign or otherwise permit any other person or entity to use the Services Provided.
  18. Late Charge. In the event that any payment required to be made by Customer is not made within five (5) days after the due date, Customer shall pay a late charge of five percent (5%) of the overdue amount as a service charge for handling late payments. The late charge is in addition to other remedies available to Service Provider provided elsewhere in this Agreement upon a default by Customer.
  19. Default. It shall be an Event of Default hereunder if (i) Customer fails to pay the Setup Fee or Monthly Fee or make any other payment hereunder within seven (7) days after such payment becomes due, or (ii) Customer should default under any other provision of this Agreement and fail to cure such default within ten (10) days after receipt of written notice from Service Provider (or such longer period as may be reasonably required provided Customer is proceeding with all due diligence to cure said default). Upon an Event of Default, Service Provider may exercise any and all rights and remedies available at law and equity and, without limiting the foregoing, Service Provider may terminate this Agreement without being liable therefore or for damages. Upon any termination of this Agreement, whether by lapse of time or otherwise, Customer shall thereafter have no further right to use the Service Address as his business address and all rights to services hereunder shall end and Customer shall thereafter make no further use of the Service Address.
  20. Failure to Perform Duty. Service Provider shall not be liable for any loss sustained as a result of any mechanical breakdown, strike, delay or failure of any staff member of Service Provider to perform his duties.
  21. Attorney Fees. If Service Provider should employ an attorney to enforce any of the terms or provisions of this Agreement, including without limitation the collection of any fees, Customer agrees to pay all expenses incurred by Service Provider including a reasonable legal fee.
  22. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Missouri.
  23. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
  24. Binding Effect. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, successors and permitted assigns of the parties hereto.
  25. Descriptive Headings and Captions. The descriptive headings and captions used herein are for convenience of reference only and they are not intended to have any effect in determining the rights or obligations of the parties. Where there is a conflict between the captions and the text, the text shall prevail.
  26. Non-Waiver. All waivers must be in writing and signed by the waiving party. Service Provider’s failure to enforce any provision of this Agreement or its acceptance of any payments shall not be a waiver and shall not prevent Service Provider from enforcing any provision of this Agreement in the future. No receipt of money by Service Provider shall be deemed to waive any default by Customer or to extend, reinstate or continue the Term.