Terms and conditions
General Terms and Conditions
DemiSar Workspace DemiSar Workspace Service Agreement Terms and Conditions
Services Generally: DemiSar Workspace (“DemiSar”) operates a coworking space at 2701 West Busch Blvd, Tampa, FL 33618 (the “Premises”). DemiSar may provide you with access to office space, workstations, internet access, office equipment, conference space, knowledge resources, and other services as DemiSar may provide from time to time in connection with your Individual Membership, Corporate Membership, Virtual Membership, or on a daily or casual basis (collectively, the “Services”). The Services are at all times subject to the following Terms and Conditions (the “Terms”). DemiSar reserves the right to update the Terms at any time without notice to you. You may not share, gift or resell any of the Services.
Acceptance of Terms: By signing up to become a DemiSar Member, continuing your Membership and/or using the Services, you agree to be bound by these Terms and represent and warrant that you are duly authorized and have all requisite legal power and capacity to enter into, agree to and be bound by these Terms and that no further authorization or approval is necessary. Your acceptance of the use of the Services does not create a tenancy but rather a prepaid usage license to use the provided amenities on a monthly or casual basis.
Payment: Membership and Plan fees are automatically charged monthly in advance at DemiSar’s discretion based on your membership option. Payment is to be made through DemiSar’s website via credit card. Membership and Plan fee Payments are required on the first day of each monthly period. Payment for casual usage is paid at the time of purchase or first use unless other arrangements have been made with DemiSar.
Renewal and Termination: These Terms are automatically renewed at the end of each Membership period. By your continued Membership and/or use of the Services, you agree to be bound by these Terms, as these Terms may be updated from time to time. The Terms must be adhered to at all times. DemiSar reserves the right to terminate any Service at any time. DemiSar further reserves the right to terminate your Membership and/or your usage of any Service at any time, immediately and without notice, if you fail to comply with the Terms, including but not limited to non-payment or violation of any usage rules. In the event of termination by DemiSar will refund any amounts paid for the unused period that remain after deducting any pending charges, on a prorated basis. You may terminate this Agreement at the time of membership termination, or expiration of a contract, and the termination shall be in effect as of the end contract received by DemiSar. Should a Member not provide timely notice of termination to DemiSar then the Membership Period shall continue to the end of the following calendar month.
Conduct: You agree to conduct yourself in your use of the Services according to the rules and policies that DemiSar implements and posts at the Premises from time to time regarding personal conduct (the “Rules”). In general, you must not perform any activity that is reasonably likely to be disruptive, damaging, or dangerous to us, our employees or agents, other Members, users of Services, or any other third party or property that may be at the Premises.
Use Restriction: You must not use any Services or any space you reserve or occupy in the Premises for any “retail”, “medical” or other nature involving frequent use by or visits from members of the public.
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 these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair any DemiSar server, or the network(s) connected to any DemiSar server, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, accounts, computer systems, or networks connected to any DemiSar server or any of the Services, through hacking, password mining, or any other means. You may not use the Services in connection with any contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited message (commercial or otherwise). You may not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. You may not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information on or through DemiSar’s servers or websites. You may not 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 publicly) unless you own or control the rights thereto or have received all necessary consent to do the same. You may not 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 rights of any party. You may not 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 computer or property of another. You may not download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such a manner. You may not restrict or inhibit any other user from using and enjoying the Services. You may not harvest or otherwise collect information about others, including but not limited to email addresses, without the authorization or consent of the disclosing party. You may not violate applicable laws or regulations. You may not create a false identity for the purpose of misleading others.
Confidentiality: You acknowledge and agree that during your participation and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, and whether tangible or intangible, that is disclosed (whether in writing, electronically or orally) by DemiSar or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. 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 detrimental to DemiSar, or any participant or use of the Services. You specifically acknowledge and agree all Confidential Information remains the sole and exclusive property of DemiSar or the respective disclosing party. You further acknowledge that you are participating in or using the Services at your own free will and decision and that DemiSar does not have any liability concerning your access to or loss of information resulting from such participation or use.
Disclosure: DemiSar reserves the right at all times to disclose any information about you, your participation in and use of the Services as DemiSar deems necessary to satisfy any applicable law, regulation, legal process, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in DemiSar’s sole discretion.
Disclaimer of Warranties: To the maximum extent permitted by applicable law, DemiSar 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 (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy and completeness of responses, results, professional effort and lack of negligence. There is no warranty, duty, or condition of 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. Exclusion of Incidental, Consequential, and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall DemiSar 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 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 privacy, loss of confidential information or other information, business interruptions, personal injury, 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 or Premises, the provision of or failure to provide Services, or otherwise under or in connection with any provision of these Terms, even in the event of fault, tort (including negligence), strict liability, breach of contract or breach of warranty of DemiSar, and even if DemiSar has been advised of the possibility of such damages.
Limitation of Liability and Remedies: You acknowledge that you are participating in or using the Services of your own free will and decision. You acknowledge that DemiSar does not have any liability with respect to your access, participation in, use of the Services or any loss of information, loss from theft or damage of personal property on the premises, resulting from such participation or use. To the maximum extent permitted by applicable law, 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 DemiSar or its affiliates, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to total amounts paid by you to us in the one (1) month prior to the claim arising.
Indemnification: You release, and hereby agree to indemnify, defend and save harmless DemiSar and DemiSar’s affiliates, 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, attorneys’ fees, judgments, 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 shall also be responsible for any damage you, your employees, agents, representatives, or invitees may cause to the Premises or to any property belonging to DemiSar, or to the property of any Member, user of the Services or any other person who may be on the Premises.
Damage to Property: Members and/or users of the Services must not alter any of the pre-existing equipment of DemiSar, must take care of all parts of the Premises, including without limitation, its fixtures, fittings, and furnishings, and shall be liable for any damage caused by it or its invitees. No Member or other user of the Services may install any cabling, IT, or telecom connections without DemiSar’s consent, which DemiSar may refuse in its sole and absolute discretion. DemiSar is not responsible for theft of or damage to any of your personal property for any reason. As a user of the Services, you are responsible for obtaining insurance that may cover your property and/or equipment while using the Services and/or Premises.
Force Majeure: DemiSar will not be liable for and will not be considered in default or breach of these Terms on account of, any delay or failure to perform, arising out of or caused by, directly or indirectly, forces that are beyond DemiSar’s reasonable control, including without limitation, any acts of God, adverse weather, inability to procure materials, epidemics or pandemics or public health emergencies.
Disclaimer of Liability: DemiSar Workspace is not responsible for any damages or loss to personal property or vehicles.
Cancellations: Cubicle, Conference Rooms, and Office booking cancellations are refundable if canceled 24 hours prior to the start date. Bookings canceled within 24 hours are non-refundable. Plan cancellations must be before the 1st of the next month and are non-refundable if not done before. The Training Room has its own cancellation policy and is provided during the reservation process.
Severability: In the event that any provision or portion of these Terms is determined to be invalid, illegal, or unenforceable for any reason, in whole or in part, the remaining provisions of these Terms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Governing Law; Venue: These Terms are governed by the laws of the State of Florida without regard to its conflicts of laws principles. You expressly agree to the exclusive jurisdiction for any claim or dispute with DemiSar in any state or federal court located in Hillsborough County, Florida.
Attorneys’ Fees: You agree in the event of a claim or lawsuit arising out of a violation of these Terms, you shall be liable for any attorneys’ fees and costs incurred by DemiSar or its respective officers and agents in connection with any such claim or lawsuit.