Terms and Conditions Capital Community

These General Terms and Conditions apply to Private Office, Dedicated Desk, Co-Working, and Virtual Office Membership agreements for services We supply .

General Agreement

Nature of this agreement: This agreement is the commercial equivalent of an agreement for accommodation(s) in a hotel. The whole of the center remains in the Provider’s possession and control. THE CLIENT ACCEPTS THAT THIS AGREEMENT CREATES NO TENANCY INTEREST, LEASEHOLD ESTATE OR OTHER REAL PROPERTY INTEREST IN THE CLIENT’S FAVOUR WITH RESPECT TO THE ACCOMMODATION(S). The Provider is giving the Client the right to share with the Provider the use of the Centre on these terms and conditions, as supplemented by the House Rules, so that the Provider can provide the services to the Client. This Agreement is entitled to the Client and cannot be transferred to anyone else without prior consent from the Provider unless such transfer is required by law. The Provider will not unreasonably withhold its consent to assignment to a parent, subsidiary, or affiliate of Client provided that Client and assignee execute the Provider’s form of Assignment of License Agreement which will require assignee to assume all Client obligations and will not release the Client. This agreement is composed of the front page describing the accommodation(s), the present terms and conditions, and the House Rules.

Comply with House Rules: The Client must comply with any House Rules which the Provider imposes generally on users of the Centre.

AUTOMATIC RENEWAL: SO THAT WE CAN MANAGE YOUR SERVICES EFFECTIVELY AND TO ENSURE SEAMLESS CONTINUITY OF THOSE SERVICES, ALL AGREEMENTS WILL RENEW AUTOMATICALLY FOR SUCCESSIVE PERIODS EQUAL TO THE CURRENT TERM UNTIL BROUGHT TO AN END BY YOU OR US. ALL PERIODS SHALL RUN TO THE LAST DAY OF THE MONTH IN WHICH THEY WOULD OTHERWISE EXPIRE. THE FEES ON ANY RENEWAL WILL BE AT THE THEN PREVAILING MARKET RATE. IF YOU DO NOT WISH FOR AN AGREEMENT TO RENEW THEN YOU CAN CANCEL IT EASILY WITH EFFECT FROM THE END DATE STATED IN THE AGREEMENT, OR AT THE END OF ANY EXTENSION OR RENEWAL PERIOD, BY GIVING US PRIOR NOTICE. NOTICE MUST

BE GIVEN THROUGH AN EMAIL. All no less than 1 months’ notice prior to the end of the term.

Ending this agreement immediately: To the maximum extent permitted by applicable law, the Provider may put an end to this agreement immediately by giving the Client notice and without need to follow any additional procedure if

the Client becomes insolvent, bankrupt, goes into liquidation, or becomes unable to pay its debts as they fall due, or

the Client is in breach of one of its obligations which cannot be put right or which the Provider have given the Client notice to put right and which the Client has failed to put right within fourteen (14) days of that notice, or

its conduct, or that of someone at the Centre with its permission or invitation, is incompatible with ordinary office use and

such conduct is repeated despite the Client having been given a warning or

such conduct is material  enough  (in  the Provider’s

opinion) to warrant immediate termination.

If the Provider puts an end to this agreement for any of these reasons it does not put an end to any outstanding obligations, including additional services used, requested, or required under the agreement and the monthly office fee for the remainder of the period for which this

agreement would have lasted if the Provider had not ended it.

If the Centre is no longer available

In the event that the Provider is permanently unable to provide the services and accommodation(s) at the Centre stated in this agreement then this agreement will end, and the Client will only have to pay monthly office fees up to the date it ends and for the additional services the Client has used. The Provider will try to find suitable alternative accommodation(s) for the Client at another Provider Centre.

Accommodation

When this agreement ends the Client is to vacate the accommodation(s) immediately, leaving the accommodation(s) in the same condition as it was when the Client took it.

The Provider reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear.

If the Client leaves any property in the Centre the Provider may dispose of it at the Client’s cost in any way the Provider chooses without owing the Client, any responsibility for it or any proceeds of sale.

If the Client continues to use the accommodation(s) when this agreement has ended the Client is responsible for any loss, claim or liability the Provider incurs as a result of the Client’s failure to vacate on time.

The Provider may, at its discretion, permit the Client an extension subject to a surcharge on the monthly membership fee.

Employees

While this agreement is in force and for a period of six months after it ends, neither the Provider nor the Client may knowingly solicit or offer employment to any of the other’s staff employed in the Centre. This obligation applies to any employee employed at the Centre up to that employee’s termination of employment, and for three months thereafter. It is stipulated that the breaching party shall pay the non-breaching party the equivalent of six months’ salary for any employee concerned. Nothing in this clause shall prevent either party from employing an individual who responds in good faith and independently to an advertisement which is made to the public at large.

Notices

All formal notices must be in writing, which may include by email, to the address  info@capitalcommmunity.co.ke.

Confidentiality

The terms of this agreement are confidential. Neither the Provider nor the Client must disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues for a period of 3 years after this agreement ends.

Compliance with Law

You must comply with all relevant laws and regulations in the conduct of Your business.

You must not do anything that may interfere with the use of the Centre by Us or by others (including but not limited to political campaigning or immoral activity), cause any nuisance or annoyance, or cause loss or damage to Us (including damage to reputation) or to the owner of any interest in the building.

If We have been advised by any government authority or other legislative body that it has

reasonable suspicion that You are conducting criminal activities from the Centre, or You are or become subject to any government sanctions, then We shall be entitled to terminate all Your agreements with immediate effect.

You acknowledge that any breach by You of this clause shall constitute a material default, entitling Us to terminate Your agreement without further notice.

MEMBERSHIP

If You have subscribed to a Membership Agreement You will have access to our premise during standard business working hours and subject to availability.

Membership Usage

Unused days cannot be carried over to the following month.

You are always solely responsible for Your belongings at the centre. We are not responsible for any property that is left unattended.

Should You use more than Your membership entitlement, we will charge You an additional usage fee.

You are entitled to invite guests to your private office or to your hired meeting room.

Any further guests will be required to purchase a day pass.

As a member, you may not use our Centre as Your business address without an accompanying office or virtual office agreement in place.

Any use of the Centre address in such a way will result in an automatic enrolment in the Virtual Office product for the same term as Your membership and You will be invoiced accordingly.

PAYMENT

The Price per Month, including any applicable VAT, must be paid in full by the Client to Kisumu Hub on the first of each month.

Every month’s membership is subject to payment on the first of the month If the membership starts part way through a month, the first payment is due at the start of the agreement. If payment is not made by the 5th of the month, Kshs 2000 late fee will be added. There is a Kshs 3500 return cheque fee for all returned cheque.

Payment options include MPESA, checks, credit cards.

The Services Agreement with the Providers

This section acknowledges that the Customer is entering into a serviced office arrangement rather than a lease and that the provider will continue to have complete control over the Hub. The Customer does not own any real estate or commercial property interests in the structure housing the Hub.

Office accommodation(s)

The Provider is to provide the number of serviced office accommodation(s) for which the Client has agreed to pay in the Centre stated in this agreement.

This agreement lists the accommodation(s) the Provider has initially allocated for the Client’s use.

Occasionally the Provider may need to allocate different accommodation(s), but these accommodation(s) will be of reasonably equivalent size and the Provider will notify the Client with respect to such different accommodation(s) in advance.

Office Services

The Provider is to provide during normal opening hours the services, if requested, described in the relevant service description (which is available on request). If the Provider decides that a request for any service is excessive, it reserves the right to charge an additional fee.

THE PROVIDER’S IT

WHILST THE PROVIDER HAS INTERNET SECURITY PROTOCOLS, THE PROVIDER DOES NOT MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE PROVIDER’S NETWORK (OR THE INTERNET) OR OF ANY INFORMATION THAT THE CLIENT PLACES ON IT.

The Client should adopt whatever security measures (such as encryption) it believes are appropriate to its circumstances.

The Provider cannot guarantee that a particular degree of availability will be attained in connection with the Client’s use of the Provider’s network (or the internet).

The Client’s sole and exclusive remedy shall be the remedy of such failure by the Provider within a reasonable time after written notice.

Technology and IT policy Introduction

This Policy is a component of our order for Internet connectivity. We offer a customized Internet connection controlled and secured by a firewall because we are a downstream service provider (DSP). With the help of our Internet service, you may conduct routine business operations like online browsing and send and receive electronic communications using an Internet connection. Within the same provider’s office building, Internet service is provided using a symmetrical leased line connection or a comparable technology that is shared with other customers of different providers.

Internet and Telecommunications Policy of the Provider

Content

The customer acknowledges that the provider disclaims any responsibility for the information transmitted by the customer and that the provider disclaims any obligation to monitor the information transmitted through the provider’s telecommunications lines or equipment, including but not limited to Internet access and telephone service.

Restrictions

Only legitimate uses of the Internet service provider are permitted; no criminal or civil violations of local, national, or international laws, rules, or other government obligations are permitted. Among these offenses are, but are not limited to, theft or infringement of copyrights, trademarks, trade secrets, or other forms of intellectual property; fraud; forgery; theft or misappropriation of money, credit cards, or personal information; violation of export control laws or regulations; libel or defamation; threats of bodily harm or harassment; or any action that results in criminal or civil liability. To avoid unauthorized usage, the Customer keeps the fundamental security and virus protection of the Customer’s systems up to date by third parties in a way that contravenes the Service.

Agreement. To stop further exploitation, the Customer must

take corrective action on weak or abused systems.

Internet Access – Per User Basis is the service provider.

Users must comply with all applicable laws and regulations regarding internet use.

Users may not use the internet for any illegal or malicious activities, including but not limited to hacking, spamming, and distributing copyrighted materials without permission.

Users may not use the internet to engage in any activities that interfere with or disrupt the normal functioning of the network or other users’ access to the internet.

Users must respect the privacy and security of other users and may not attempt to gain unauthorized access to any other user’s devices or information.

Users are responsible for securing their own devices and information, and the co-working space will not be liable for any damages or losses incurred because of a failure to do so.

Users must follow the co-working space’s guidelines for internet usage and accept any limitations or restrictions imposed by the space.

The terms of internet access and usage may be subject to change, and it is the responsibility of the user to stay informed and comply with any updates.

Security breaches

The Customer shall not violate the security of the System or the Network. Attempts to breach the security of a network, service, or other system are not permitted to be utilized in conjunction with the Internet service provider, regardless of whether they are successful. Examples of forbidden actions include, but are not limited to, scanning ports, launching denial of service attacks, disseminating viruses or other destructive software, and monitoring or utilizing systems without authorization. Upon receiving a report of such abuse from an established Internet authority or ISP, the provider reserves the right to suspend the Internet connection. Suppose the provider determines that the customer’s hardware or software is no longer appropriate for connection to the provider’s network. In that case, the provider may disconnect the customer’s equipment and stop providing services. Virus defense is the customer’s responsibility for the systems and hardware owned by the customer.

Only at the provider’s sites are the provider Internet services accessible, and connections to the provider network are only allowed there or through provider-provided services. Without the provider’s permission, the Customer may not establish any linkages between the provider’s network and any other networks or telecommunications services.

By accepting the CC Hub Coworking Office Agreement and Terms and Conditions, I acknowledge that the terms of this Agreement are confidential, and any breach of this confidentiality may result in any discounts and/or special terms being revoked by  CC Hub.