The following terms and conditions are the agreement between you and Elevate Hub, a trading name of Elevate Online Marketing Limited, company number 11333076 (‘we’, ‘our’ or ‘us’).
Our registered business address is Court Hall, Castle Street, Trowbridge, Wiltshire BA14 8AR.
Our VAT number is GB 297470067.
These terms apply to you, so far as the context allows to you as a visitor to our Website, or as a Licensee. They prevail over any terms proposed by you.
If you have any questions about our terms and conditions, please contact us.
1. Definitions
In this agreement:
‘Account’ means the records on our Website relating to you and your transactions with us.
Additional Services means those services that we provide to you as a Licensee in addition to the grant of the licence to use Workspace.
‘Content’ means the content that is encountered as part of your experience as a visitor to our Website or as a Licensee. Content may include, among other things: text, images, sounds, videos and animations.
‘Intellectual Property’ means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.
‘Licensee’ means someone who licences or who has licensed Workspace from us.
‘Services’ means the grant of a licence to use Workspace for a Licence Period, and/or, as the context requires, any other Additional Service.
‘Licence Period’ means the time period during which we agree to provide our Services to you.
‘our Website’ means our website at www.theelevatehub.com.
‘Workspace’ means any workspace, desk, room, or office at any of our properties, for which we grant you a licence for use by you or any other third party.
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.3. References to a party include references to that person’s successors, legal representatives, permitted assigns and any person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.4. The headings to the paragraphs to this agreement do not affect the interpretation.
2.5. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
3. Our agreement with you
3.1. Any provision of our Services is subject to these terms and conditions.
3.2. Except where explicitly stated otherwise, this agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.3. So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
3.4. In entering into this agreement you have not relied on any representation, warranty, information or document or other term other than that given on our Website.
3.5. Where we provide our Services without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any Services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Services. However, you remain obligated under these terms as far as they can be applied.
3.6. If you use our Website in any way, including if you arrange for our Services to be provided on behalf of another person then you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.7. Should these terms conflict with any other information we provide on our Website or elsewhere, then you agree that these terms prevail.
3.8. We may change these terms from time to time. The terms that apply to you are those published on our Website on the day the agreement between us is made.
Terms of Provision of Services
4. Our Services
4.1. In making an order for our Services, you acknowledge that you understand exactly the terms of the licence of the Workspace you request and the nature of the Services you order, and you are satisfied that they are suitable and satisfactory for your requirements.
4.2. Your payment may not cover some Additional Services. You should confirm what Additional Services are included in your order.
4.3. Your order is an offer to buy Services from us. We reserve the right to agree to provide Services to you that we have offered.
4.4. The agreement between us for the provision of a Service comes into existence when we write to you to confirm that we agree to provide to you with the Service you requested. Your payment does not create a contract with us in any way.
4.5. If you order a licence for the use of Workspace for a specific Licence Period, then we grant you the licence from the date and time of that Licence Period.
4.6. If you order one or more licences for the use of Workspace for Licence Periods that have no specified start date or time, then we grant you a licence when we confirm that we accept your reservation for a particular date and time on which a Licence Period will start. Until that time, you have no right to use Workspace. The use of each prepaid licence shall be treated as a new contract under the terms published on our Website when you request to reserve the Workspace.
4.7. If we decline to provide you with our Services we shall immediately return your money to you.
4.8. If we are not able to provide you with our Services at the time and on the date you require then we shall notify you by e-mail to tell you the likely provision date and allow you to choose whether you would like to continue with your order.
4.9. Some Services are now or may in future, be available to you only subject to additional terms set out on our Website or in our Code of Conduct, available on request and sent to you by email before or after we confirm that we shall provide our Services. You now agree that if you use our Services, the relevant terms will become part of this agreement.
4.10. Additional terms may include a requirement by you to provide us with specific information or otherwise take a specific action within a certain time period or abide by certain rules and procedures when using the Services. If you fail to do this, then we shall be entitled to full payment for the Services in any event.
4.11. You may not share or allow others to use our Services in your name.
5. Terms of your licence
5.1. We grant licences to Licensees to use Workspace for a Licence Period - a short, specific period of time. Nothing contained within these terms or otherwise should be construed or interpreted to imply or suggest that your occupation shall be as a tenant under a lease. That includes if you buy a number of licences for Licence Periods that start immediately after another ends.
5.2. Our Website allows you to order the type of Workspace, the starting date and time of the licence, the duration of the Licence Period and Additional Services that you would like us to provide.
5.3. A Licence Period runs between two specific dates and times, corresponding with our office opening hours. The Workspace is closed on bank holidays and weekends. For example, a period may start at 8:30am on Monday 1 December and run until 18:00 on 31 December, with 16 working days available.
5.4. A Licence Period may start on the day on which you enter into this contract.
5.5. If you do not use Workspace on any particular day during a Licence Period, you have no right to use the Workspace on any alternative day after the Licence Period ends. You licence is for use of the Workspace during the Licence Period only.
5.6. Additional Services may be included in the price of the licence of the Workspace, or be separate and additional.
5.7. Additional Services included within the price of the licence of Workspace are considered to be provided free of charge.
5.8. You warrant that you use our Services for business purposes. You shall not use the Workspace for residential purposes, for storage purposes, as a business address (without our express permission in writing), or as a retail space.
5.9. Unless we have given you express permission in writing, you should not use our business address to receive mail or parcels. We have no obligation to pass on any item delivered to us that is addressed to you.
5.10. Access to Workspace shall be provided during the hours for which you have a licence to use it. You should ask at our reception for access.
5.11. If you invite any third party to join you in a meeting room or office, you should let one of our staff members at reception know your guest’s name and the time that you expect them. We have no obligation to allow access to Workspace to anyone other than Licensees.
5.12. At the end of your Licence Period, you must remove all your personal possessions and goods and leave the Workspace promptly and in a clean condition.
5.13. If there is damage to the Workspace you license at the start of your Licence Period, please tell us.
5.14. You agree that you are liable for any damage you, or anyone you invite to use, cause to a Workspace. You accept that we may invoice you for any costs necessary to repair the Workspace you use to the same condition as at the start of your Licence Period.
5.15. During the Licence Period, you must adhere to our Code of Conduct, which is periodically shared with you and/or which is displayed at or around the Workspace.
5.16. The Licence Period for which you may use Workspace is set out on our Website and on the checkout page when you order. Any continuation of your use of our Services after the expiry of a Licence Period is a new agreement under these terms.
5.17. If we change these terms and/or make any material change to our Code of Conduct during your Licence Period then we shall give you at least seven days’ notice of the change before it comes into force. If you tell us before the date of the change that you do not accept the new terms then we shall cancel your Services at the date of change and refund you pro rata to the Licence Period remaining. If you continue to use our Services after the date of the change, then we may reasonably assume that through your continued use, you agree to be bound by the changed terms.
5.18. At any time, you may sign into your Account on our Website to order our Services for any future Licence Period.
5.19. Other than as set out above, Services are non-refundable and non-transferable.
6. Price and payment
6.1. The price payable for our Services is clearly set out on our Website and calculated on the checkout page.
6.2. Our prices are not pro-rated for the number of working days within a Licence Period, or the number of days or hours that you choose to use the Workspace.
6.3. The price of Services may be changed by us at any time. However, the amount you pay will be that on the day that this agreement comes into effect.
6.4. Prices include value added tax (‘VAT’).
6.5. Our Services require payment in advance of the Services being provided.
6.6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
6.7. If we owe you money, we will return the amount owed to you as soon as reasonably practicable but in any event no later than 30 days from the date when we accept that repayment is due.
6.8. You now agree that you commit a breach of this agreement if you seek repayment of money paid to us by asking your payment provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £100 per hour in dealing with your breach. You also agree that this provision is reasonable.
6.9. Payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your payment information in a secure environment.
7. Interruption to our Services
7.1. If it is necessary for us to interrupt any of our Services, we will give you reasonable notice where this is possible and when we think the delay is such as to justify telling you.
7.2. You acknowledge that our Services may also be interrupted for many reasons beyond our control.
7.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to any Service.
8. Termination
8.1. Any termination of this agreement by this paragraph will be without prejudice to any other rights or remedies to which a party may be entitled.
8.2. This agreement may be terminated:
8.2.1 by expiry of at the end of the Licence Period; or
8.2.2 immediately by you at any earlier time, for any reason by sending notice to us by post or by email;
8.2.3 immediately by either party if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
8.3. We reserve the right to check the validity of any request by you to terminate.
8.4. On termination by either party your right to use our Services immediately ceases and we are under no obligation to continue to provide any part of it to you.
8.5. In the event of termination by us, we will within 30 days refund to you the balance of your payments for our Services, on a pro rata basis, and subject to any deductions we believe are necessary on account of breach of these terms or damage you have made.
8.6. In the event of termination by you before the end of your Licence Period we shall not be liable to refund any amount to you.
8.7. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any payment made if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
9. Confidentiality
9.1. We are aware that in the course of providing our Services to you, both of us might have access to and be entrusted with information in respect of the business and operation of the other, all of which information is or may be confidential.
9.2. We both now undertake for ourselves and for every employee or sub-contractor whose services we may use both during and after completion the provision of our Services, that we will not divulge to any person whatever or otherwise make use of (and will use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.
9.3. Each of us now undertakes to the other to make all relevant employees’ agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as will from time to time be necessary to ensure compliance by its employee’s agents and sub-contractors with these provisions.
10. Your Account
10.1. You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself and your business. We need this information to provide you with Services.
10.2. If you use our Website, you are responsible for maintaining the confidentiality of your Account and password and for preventing any unauthorised person from using your Account.
10.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
11. Intellectual Property
11.1. We will defend our rights in all our Intellectual Property, including the rights in our Services, and our copyright in the Content of our Website whether provided by us or by any other party.
11.2. You must not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
11.3. You agree that at all times that you will:
11.3.1 not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it;
11.3.2 notify us of any suspected infringement of our Intellectual Property; and
11.3.3 without our express permission, not to:
11.3.3.1 copy or replicate it for use by any other person in any way not intended by us;
11.3.3.2 make any change to it or any part of it;
11.3.3.3 publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;
11.3.3.4 create derivative works from it;
11.3.3.5 use it in any way in which it is not intended to be used; and
11.3.3.6 not to use it except directly in our interest.
12. Indemnity
12.1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
12.1.1 your failure to comply with the law of any country;
12.1.2 your breach of this agreement;
12.1.3 any act, neglect or default of yours or by any agent, employee, licensee or customer of yours or by your use of any of our Services;
12.1.4 a contractual claim arising from your use of any of our Services; and
12.1.5 a breach of the intellectual property rights of any person.
12.2. You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100 per hour without further proof.
13. Disclaimers and limitation of liability
13.1. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
13.2. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to any Services we sell or make available to you.
13.3. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.4. We use our reasonable endeavours to confirm the accuracy of any information we place on our Website, or provide as part of our Services. We make no warranties, whether express or implied in relation to its accuracy or completeness.
13.5. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website, or our Services.
13.6. Our Website may contain links to other websites over which we have no control of the nature, the content and the availability.
13.7. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.
13.8. The inclusion of any links on this website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.
13.9. This website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function of the website, the compatibility with your devices or software, privacy of any transmission, or security of use.
13.10. We aim to maintain access to our Website, but from time to time it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
13.11. You acknowledge that access to our website may also be interrupted for many reasons beyond our control.
13.12. Accordingly, we make no warranty that our Website will meet your requirements or that your use of it will be uninterrupted, timely or error-free.
13.13. Nor do we make any warranty that we will correct defects and errors, nor that the website or the server on which it is hosted are free of viruses or bugs.
13.14. We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our Website.
13.15. We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of this website, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.
This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
14. Disclaimers and limitation of liability in respect of any of our Services
14.1. We shall not be liable to you for any loss or expense arising from your use of which is an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
14.2. Except where otherwise set out, our total liability to you, however it arises, shall not exceed the amount you have paid us for Services in the current or previous Licence Period. This applies whether your case is based on contract, tort or any other basis in law.
14.3. No term of our agreement with you shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
15. Miscellaneous matters
15.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
15.3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
15.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
15.5. Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by email.
15.6. In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
15.7. No party to this agreement shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control.
15.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
15.9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.
Cobot is the web platform used by The Elevate Hub to provide this website.
See Cobot Terms
