Terms & Conditions

Membership Subscription Terms and Conditions

1. In consideration of the payment by the Client of the Plan Fee specified, Western Sydney University (WSU) permits the Client to share the use of the services described in this agreement.
2. WSU agrees to provide the Services from the Term Commencement Date specified until terminated in accordance with the provisions of this Agreement.
3. Compliance The Client must comply with Launch Pad’s Code of Conduct and the University’s bylaws, rules and policies which are available to view at https://www.westernsydney.edu.au/policy/policy_DDS

4. Plan Fee Inclusions.
   • WSU provides to the Client the following services in the Premium Membership Plan the right to access Launch Pad online membership benefits and events.
   • WSU provides to the Client the following services in the Hybrid Office Membership Plan:
     • All items in 3(a);
     • Right to use Launch Pad’s business address under the Client’s name detailed on the front of this agreement for company stationary and marketing collaterals;
     • 25 hours hot desk usage per month; and
     • 8 hours of up to 5 person meeting room usage per month.
   • WSU provides the following services on the Startup Membership (less than 3 years or under $1M revenue or capital raised) and SME Membership Plan
     • All items in 3(b);
     • Swipe card access;
     • Dedicated desk; and
     • Unlimited access to meeting rooms.
   • WSU provides to the Client the following services on the Team Member Membership
     • All items from 3(c) for an additional staff member to a company that holds a 3(c) plan.
   • WSU provides to the Client with access to a workspace within a shared environment for the number of hours stated in the schedule to this agreement.

Workspace and meeting room usage is not accumulative, subject to availability and prior booking. The workspace or meeting room shall be considered 100% utilised for cancellations made within 24 hours and 50% utilised for cancellations made within 48 hours.

5. The following additional Business Services are available in accordance with Launch Pad published rates, which may be updated by Launch Pad from time to time. It is clarified that these Services are available to all Clients on an optional basis.
   • Meeting and conference rooms
   • Video conferencing
   • Internet facilities
   • Other services that may be provided

6. Sign up requirements
   • For all Virtual Office Plans, WSU reserves the right to require the client to submit 100 points of Identification (‘the Documentation’), and reserves the right, at its absolute discretion, to terminate the plan if the Documentation is not received.
   • WSU reserves the right to request up to two months security deposit (‘the Deposit’). The Deposit shall not be deemed as an advanced payment. In the event of any withdrawal from the Deposit by WSU due to default of the Client, the Client shall replace any such sum withdrawn within 14 days of being notified of such withdrawal. Such deduction shall not be deemed to have waived any breach by the Client of this Agreement. The Deposit shall be refunded to the Client within 60 days after termination of this Agreement subject to all outstanding invoices being settled in full and the Client providing sufficient information so that the refund can be executed by WSU. If the Client fails to provide such information or demand the refund of the deposit within 360 days after the Termination Date the Deposit shall be deemed to be forfeited to WSU.

7. Payment
   • For clients paying by credit card,
     • On the invoice due date WSU shall deduct from the Client’s credit card the Virtual Office Subscription Fee payable in advance and all Business Services payable in arrears and specified in Clause 6. In respect of any partial period, a pro-rata adjustment shall be made.
     • The Client irrevocably authorises WSU to deduct all amounts charged to the Client by WSU on such credit card at any time during any billing period.

• For all clients paying by bank transfer,
  • The Client shall, for the duration of this Agreement pay by the due date on the Invoice the Virtual Office Subscription Fee payable in advance and all Business Services payable in areas and specified in Clause 6. In respect of any partial period, a pro-rata adjustment shall be made.

• The Client shall pay all sums due to WSU under this Agreement without any deduction or set off.

• The Client shall pay for all bank charges and other such charges related to rental and services.

• Where GST is payable on any supply under this Agreement, the Client will pay the GST amount as shown on the tax invoice.

• Payment is due 7 days from receipt of invoice. Should payment not be received 14 days from receipt of invoice, an administrative fee of $25.00 and 5% interest per month will apply on overdue balance until payment received. WSU will have the right to suspend or terminate all services should payment not be received 21 days from receipt of invoice.

Termination

8. Termination of this Agreement will be subject to the following terms:
   • This Agreement is rolling, and shall automatically roll over for successive periods equal to the contract period specified unless either party gives written notice to terminate one (1) month prior to the scheduled end date of the current contract period.
   • This Agreement may be terminated immediately in the event of any breach of the obligations on the part of the Client. WSU will be entitled (but not obliged) to retain any personal effects or other belongings of the Client until all arrears owed to WSU have been paid or other loss made good. In the event of non-payment within 14 days WSU will be entitled to dispose of any goods retained in settlement of any arrears and any cost of such disposal.
   • If the Client terminates its Virtual Office subscription, the Client must cease to use WSU’s address on all of its company documents, business registration, and marketing materials. WSU reserves the right to continue billing the Client at listed plan rates for each month that the Client continues to utilise WSU’s information on documents and materials beyond the termination date of this Agreement and to commence legal proceedings if it deems appropriate.

Refunds

9. The Client shall have 14 days to dispute a charge from the invoice due date. WSU will only provide a refund in the event that an incorrect amount has been charged to the client.

Client’s Rights and Responsibilities

10. The Client shall not:
    • Impede or interfere with WSU’s right of possession and control of the Launch Pad Incubator.
    • Use the Centre otherwise than for the Client’s business and in any event shall not permit the Centre or Services provided to be used for any illegal activity.
    • Interfere with the conduct of WSU’s operations.
    • Damage any of the decorations, fixtures and fittings or other equipment in the Launch Pad Incubator.
    • Be entitled to any compensation as a result of any failure of data security or computer systems or as a result of WSU failing to provide any of the services in accordance with this Agreement as a result of any breakdown or delay or failure of any staff, manager or caretaker to perform their duties.
11. The Client shall:
    • Observe and adhere to all the rules and regulations updated from time to time made by WSU for the management of the Launch Pad Incubator.
    • Indemnify WSU and its respective officers, employees and agents, from all claims, liability, or loss, and all damages and costs incurred by WSU which arise out of the use of the Launch Pad Incubator. The Client shall be required to maintain sufficient public liability insurance and maintain adequate insurance to cover all fixtures and equipment belonging to WSU within the Launch Pad Incubator.
    • Acknowledge that WSU is not responsible for the theft of or damage to any equipment, chattels or goods.
    • On or before the expiry of this Agreement, return to WSU all keys and other means of access to the Launch Pad Incubator that have been provided by WSU, and whenever any key or other means of access is lost, report such loss forthwith to WSU and to pay on demand the cost of replacing such key or other means of centre access.

Owner’s Rights and Responsibilities

12. WSU shall:
    • Provide reception and switchboard services during normal opening hours, hours, Monday to Friday (excluding official public holidays).
    • Not be under liability for failure to have any of the Launch Pad Incubator facilities available for the Client because of use by any other person within the Centre and WSU shall not be liable to the Client if for any temporary reason the Client shall be unable to obtain access to the Centre.

General

13. This Agreement is personal and is not assignable.
14. All notices must be in writing or email. Notices to either party will be considered served if mailed by registered post or by email to the email addresses specified.
15. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of any other provision. No waiver of any default of the Client shall be implied from any failure by WSU to take action with respect to such default.
16. Where the Client comprises more than one individual such individuals shall be jointly and severally liable to observe and perform the Client’s obligations under this Agreement.
17. This Agreement supersedes any prior agreements and embodies the entire Agreement between the Client and WSU and may not be modified, changed or altered in any way except as agreed by both parties in writing.
18. The laws in force in New South Wales govern the terms of this Agreement. The parties submit to the non-exclusive jurisdiction of any courts or tribunals exercising jurisdiction (including appeals) in that