Terms and Conditions
General Terms and Conditions
- All membership payments are due on a recurring monthly basis, on the first of each month, after your start date (first month prorated if start date is not the first of the month).
- Printing: NacPass, NacCube, NacPro and NacExec memberships receive 100 copies (black & white and color) per month and will be charged $0.25 per copy if the member goes over the monthly allotment. Day Pass and NacShift members may print for $0.25 a page.
- Thirty (30) day Cancellation Notice required for all memberships. Initial__________
- NacSpace reserves the right to charge late fees and/or withhold services and building access if payments are not received according to this agreement.
- NacSpace reserves the right to adjust rates and change membership plans with a thirty (30) day written notice to members.
- All membership payments are processed on the 1st of each month.
- Acceptable payment methods are Visa, MasterCard, Debit/ACH, American Express and any other payment methods available through the NacSpace booking site.
- Any damages directly caused by you, your company or any parties related to you or your company will be paid within 2 days of notice. Initial__________
- You agree to pay your monthly membership fee in a timely manner. We will set up an automated monthly payment. If we notify you that your payment did not post for any reason, you will promptly (within 2 days) resolve the situation and make the payment. Initial______________
NacSpace reserves the right to update the TOU at any time. NacSpace will attempt to contact you to notify you of any updates within 20 days of their enactment using the contact information provided in the Membership Agreement.
2. Description of Services NacSpace may provide you with access to office space, work stations, Wi-Fi, office equipment, conference space, and any other services that may be offered from time to time (collectively, “Services”). The Services at all times are subject to the TOU. A NacSpace membership does not create a tenancy but a prepaid use to the provided Services on a monthly or casual basis.
3. 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, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any NacSpace systems, or the network(s) connected to any NacSpace server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any NacSapce 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.
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 TOU and no further authorization 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 license, contract, agreement or other instrument or obligation to which you are a party.
Any unlawful or prohibited use or conduct will result in immediate termination of membership and forfeiture of any previously paid membership fees.
4. Use of Services You agree that when participating in or using the Services, you will not: a. Use the Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise); b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through NacSpace Services; d. 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 limited to, copyright or trademark laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; e. 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; f. 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’s computer or property of another; g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; h. Restrict or inhibit any other user from using and enjoying the Services; i. Cause any nuisance or annoyance, increase the insurance premiums NacSpace has to pay, or cause loss or damage to NacSpace (including damage to reputation) or its parent, subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors; j. Participate in any type of harassing, discriminatory or abusive behavior to the NacSpace team, other customers or invitees, verbal or physical for any reason; k. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; and l. Violate any applicable laws or regulations;
Any breach of these rules is a material breach of the TOU and your Services may be terminated immediately.
- NacSpace reserves the right at all times to disclose any information about you, your participation in and use of the Services as NacSpace deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information, in whole or in part, in NacSpace’s sole discretion.
6. Confidentiality a. 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 part, that is disclosed by NacSpace, or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information includes, but is not limited to, information about business, sales, operations, know-how, trade secrets, technology, products and financial information. b. Your participation in and/or use of the Services obligates you; i. to maintain all Confidential Information in strict confidence; ii. not to disclose Confidential Information to any third parties; iii. not to use the Confidential Information in any way directly or indirectly detrimental to NacSpace, or any participant or user of the Services. c. All Confidential Information remains the sole and exclusive property of NacSpace or the respective disclosing party. You acknowledge and agree that nothing in this TOU, or your participation or use of the Services, will be constructed as granting any rights to you, by license or otherwise. This includes, but is not limited to, Confidential Information such as any patent, copyright or other intellectual property or proprietary rights of NacSpace, or any participant or user of the Services. d. You acknowledge and agree not to carry on a business or expose Confidential Information that competes with NacSpace’s business of providing serviced office accommodations, virtual offices or its ancillary services such as information technology services and data center capability.
7. 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 NacSpace 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.
8. Disclaimer of Warranties To the maximum extent permitted by applicable law, NacSpace provides the services “as is”, 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, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, 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.
9. Exclusion of Incidental, Consequential and Certain Other Damages To the maximum extent permitted by applicable law, in no event shall NacSpace or its parent, 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 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 NacSpace, and even if NacSpace has been advised of the possibility of such damages.
10. 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 NacSpace or its parent, 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 TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance. The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. Termination NacSpace reserves the right to terminate any Service at any time. NacSpace further reserves the right to terminate your participation in and use of any Services, immediately and without notice.
12. Indemnification You release, and hereby agree to indemnify, defend and save harmless NacSpace and NacSpace’s parent, 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 participant 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 attorneys’ fees and costs incurred by NacSpace or its respective officers and agents in connection with the defense of such claim or lawsuit.
13. Severability In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
14. Insurance NacSpace will carry Liability and Business Personal Property insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of NacSpace.
15. Sexual Harassment NacSpace believes that you should be afforded the opportunity to work in an environment free of sexual harassment. Sexual harassment is a form of misconduct that undermines the member relationship. No member, either male or female, should be subjected verbally or physically to unsolicited and unwelcomed sexual overtures or conduct. Sexual harassment refers to behavior that is not welcomed, that is personally offensive, that debilitates morale and, therefore, interferes with work effectiveness. Behavior that amounts to sexual harassment will not be tolerated and may result in disciplinary action, up to and including immediate cancellation of services.
16. Choice of Law and Venue You and NacSpace agree that any disputes or claims arising from or related to this Agreement and TOU shall be governed by the laws of the State of Texas and that Nacogdoches County, Texas courts will have exclusive jurisdiction over any disputes or claims.