Terms and conditions
General Terms and Conditions
Further to your interest in a membership or tenancy agreement at HOST, please find set out below the terms and conditions for the grant of an occupational agreement:
1.1. While a member of HOST Salford, you will have secured-entry access to the Coworking Space and use of the office equipment and furniture located therein (the “Equipment”). Reasonable use of electricity and wireless internet are also included. Other services provided to you, if any, are set out in your Membership or tenancy agreement Plan.
1.2. You must at all times follow all HOST policies and procedures, as amended from time to time (the “Policies”) and follow the directions of the staff regarding safety and security issues. You agree to treat all staff and other members with respect and courtesy.
1.3. The Coworking Space includes common areas, private offices, and meeting rooms. The meeting rooms may be booked as set out in the Policies. It is your responsibility to book meeting rooms as required. We make no guarantees that meeting rooms will be available at any given time.
1.4. We reserve the right to amend the Policies from time to time and at our sole discretion. We will notify you of any changes in writing and prior to such changes taking effect.
1.5. This Agreement grants you a license to access and use the Coworking Space and Equipment. This Agreement does not grant you a lease, tenancy, or any other ownership rights over the Coworking Space or Equipment or any part thereof. Your membership or tenancy agreement does not create a relationship of employment, partnership, agency or joint venture with us.
1.6. You agree to pay to us all fees on the terms set out in your Membership or tenancy agreement Plan.
Term and Termination
2.1. Your membership or tenancy agreement will begin as of the date of this Agreement and will continue on a month-to-month basis until this Agreement is terminated as provided below.
2.2. Either you or us may terminate this Agreement at any time on at least one month’s written notice to the other party, or as otherwise provided in your applicable membership or tenancy agreement plan, the terms of which are incorporated by reference into this Agreement (the “Membership or tenancy agreement Plan”). We may terminate this Agreement immediately and without notice, if you breach this Agreement or act in any way that is, in our sole discretion, offensive to or endangers the well-being of our staff or other members.
3.1. We will do our best to fix any problems with the Coworking Space or Equipment; however, we explicitly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
3.2. You acknowledge that your workspace in the Coworking Space may be visible to other members or the public. It is your responsibility to keep your confidential information private. We make no guarantees that third parties will not see, use, or disclose your confidential information.
3.3. We are not responsible for loss or damage to any personal property brought into or left at the Coworking Space. You are strongly encouraged to carry insurance that covers your personal equipment while using the Coworking Space.
3.4. You understand that you and your work may be photographed while using the Coworking Space. You agree to allow such photos, videos or film likeness to be used for any legitimate purpose by us, and our respective producers, sponsors, organizers and/or assigns, at our discretion. You hereby waive all claims of ownership, income, editorial content, and use of such media, and assign all copyright ownership to us.
Limitation of Liability
4.1. You acknowledge that you are using the Coworking Space and Equipment at your own risk. You further acknowledge you may have access to the Coworking Space and Equipment at times when there is no HOST staff present. You assume all risks associated with using the Coworking Space at any time. In no case will we, or our shareholders, officers, directors, employees, or other partners, be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Coworking Space and Equipment, even if we have been advised of the possibility of such damages.
4.2. You will indemnify, defend, protect and hold us and our shareholders, officers, directors, employees, and other partners harmless from and against all claims, losses or other amounts of whatever nature, and including reasonable legal fees, arising out of your use of the Coworking Space and Equipment.
5.1. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions will remain in full force and effect.
5.2. This Agreement will not be amended except as provided herein or by the written consent of both parties.
5.3. This Agreement constitutes the entire understanding and agreement between the parties and there are no covenants, representations, warranties or agreements other than those contained or specifically preserved under the terms of this Agreement.
5.4 The waiver by a party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
1 HOST SOCIAL – VENUE HIRE AGREEMENT CONDITIONS:
1.1 In this Contract, the following words and expressions shall have the following:
Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Customer for the hire of the Venue and the supply of the Services, as set out in the Hire Details.
Contract: the contract between the Customer and HOST for the hire of the Venue and supply of the Services in accordance with the Hire Details, and these Venue Hire Conditions and any Schedules or documents referred to therein.
Deposit: the deposit to secure the booking, as stated in the Hire Details.
Event: the event or function for which the Customer is hiring the Venue, as specified in the Hire Details.
Events Team: the staff at HOST that manage HOST Social and events at HOST.
Hire Period: the period of time agreed for the hire of the Venue as described in the Hire Details, to include any period of time to set up and clear the Venue.
Services: the supply of the Venue, and where applicable the provision of catering services and consumables at the Event as specified in the Hire Details.
Venue: the property, or area or rooms within the property, to be hired by the Customer, as specified in the Hire Details.
1.2 A reference to legislation or a legislative provision is a reference to it as amended, extended, or re-enacted from time to time. A reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislative or legislative provision.
1.3 Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- Confirmation of hire
2.1 This Contract shall come into effect on the later of the date of the Contract or the deposit received by HOST. The booking shall be treated as provisional until the Deposit has to been paid to HOST in cleared funds by the Customer and the signed contract returned to HOST.
2.2 Venue bookings shall be held provisionally for 10 calendar days following initial enquiry, or if such time is not available before the date of the Event, for a maximum of 48 hours. After this time, or if in the event that HOST does not receive payment of the Deposit within the time request by HOST, then HOST reserves the right to release the provisional booking.
2.3 Supply of services
2.4 HOST shall supply the Services to the Customer during the Hire Period, subject to any specific timings agreed in writing by the parties before the Event.
2.5 HOST shall:
(a) perform the Services with reasonable care and skill;
(b) comply with all applicable laws, statutes, and regulations from time to time in force;
2.6 HOST has the sole right to provide the Services at the Venue. Catering options are available to book directly from HOST through the Members Platform or direct with the Events Team. The Customer must contact the Events Team directly should additional catering requirements be required. Any catering at the Venue must be provided through HOST’s approved catering supplier. The Customer must not use any third-party caterers.
2.7 The Customer must not bring or consume (or permit any of its guests to bring or consume) any food or drink (including alcoholic drinks) into the Venue without the prior written consent of HOST. If HOST consents to the consumption of the Customer's own beverages at the Venue, a corkage charge shall apply as set out in HOST's published price list in force at the date of this Contract.
2.8 Licence and use of Venue
2.9 Subject to clause 6, HOST grants the Customer a right for the Hire Period to enter and use the Venue for the Event in accordance with the terms of this Contract. The Customer acknowledges that:
(a) the Customer shall have the right to enter and use the Venue as a licensee only and no relationship of a landlord and tenant is created between HOST and Customer by this agreement; and
(b) HOST retains control, possession and management of the Venue and the Customer has no right to exclude HOST from the Venue. HOST reserves the right to enter the Venue at all times during the Hire Period, including to supply the Services.
2.10 The Customer agrees and undertakes:
(a) not to use the Venue other than for the Event;
(b) not to do or permit to be done anything on the Venue which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience, or disturbance to HOST or to any other customers of HOST, or any owner or occupier of neighbouring property. The Venue has various spaces available for multiple bookings by different clients at any time. Each client is to be respectful of other users on the 7th floor to allow all bookings to run smoothly for each user. Unless specified on your booking the client does not have exclusive use of the 7th-floor facilities;
(c) to adhere to the Hire Period access times to ensure a prompt exit is made at the end of your booking. Access the Venue outside of your allocated booked time slot has to be agreed in advance in writing and may result in additional charges;
(d) to comply (and ensure that its staff and agents comply) with the terms of this Contract and any instructions or notices from HOST, and use reasonable efforts to ensure that any guests or other persons present at the Event so comply;
(e) to permit HOST to search all containers, bags, boxes, and equipment coming into or leaving the Venue, including those brought onto the Venue by guests during the Hire Period;
(f) to not exceed the room capacity of the Venue (and accepts that its event may be terminated if this occurs).
(g) not to cause or permit to be caused any damage to the Venue, including any furnishings, equipment, or fixtures at the Venue;
(h) not to smoke or permit smoking (including e-cigarettes) anywhere in the Venue;
(i) not to fix any bolts, nails, tacks, screws, adhesives, tape or other, such fixing devices to the walls or fabric of the Venue;
(j) not to display any advertisement, signboards, flag, banner, placard, poster, signs, or notices at the Venue without the prior written consent of HOST;
(k) not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Venue, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of HOST;
(l) not to allow any explosive material or any highly flammable substance whatsoever or any goods of a hazardous nature.
(m) to comply with any requirements relating to fire certificates or fire regulations, including notification of the procedures required in the event of an evacuation.
(n) to leave the Venue in a clean and tidy condition and to remove the Customer's decorations, displays and any other Customer equipment from the Venue at the end of the Hire Period;
(o) not to bring or permit to be brought any animal onto the Venue without the prior written consent of HOST, with the exception of assistance dogs within the meaning of the Equality Act 2010;
In the event of damage to the Venue caused by the Customer or its guests, the Customer shall indemnify and pay to HOST the cost of making good any damages to the Venue.
2.11 Any decorative materials brought onto the premises must comply with Fire Protection Regulations (and HOST may request proof of this).
2.12 Car parking facilities are not provided by HOST. There are nearby carparks for use by guests and customers within the MediaCityUK campus and charges will apply.
2.13 The Customer shall ensure that the guests behave in a responsible and safe manner at the Venue, and HOST reserves the right to remove or request that the Customer remove guests that do not do so from the Venue.
2.14 The Customer confirms that it has provided an accurate description to HOST of the reasons for the booking of meeting rooms or any public area. If HOST discovers that the reason for the booking does not reflect the information it has been given and deems that the event would prejudice the reputation of HOST, its operators or present a conflict of interest (for example the reason for the booking is party political in nature, or relates to gambling, tobacco or any other subject matter which HOST deems to be inappropriate or unethical), HOST reserves the right to cancel or end the booking.
2.15 If the Customer wishes to use the HOST name or logo on any materials in relation to an Event hosted at the Venue, the Customer must request written permission by HOST before use. Any misuse or misrepresentation of the HOST name or logo may result in termination of the booking Technical Equipment
2.16 The Customer is welcome to use their own equipment for the purposes of their event as long as it is in agreement with HOST. It is the Customer’s responsibility to safely bringing and storing any equipment or personal belongings on HOST’s premises. HOST shall not be liable for any loss or damage.
2.17 If the Customer wishes to bring and use any electrical equipment into the Venue, it shall inform HOST in advance, and shall confirm that a PAT certificate would be available if requested. Installation of any electrical equipment not belonging to The Landing shall require HOST’s permission. HOST will not be liable for any claim arising from the use of this equipment and reserves the right to claim for any damage to the Venue (including any HOST electrical installations) resulting from such installations or use.
2.18 Where any equipment is brought in or hired and installed for an Event for use at the Venue by the Customer from a third party, the Customer shall be liable for any third-party claims or expenses arising from or in connection with this including damage to such equipment.
2.19 The Customer may use their own data equipment through the use of HOST’s data lines with the prior written permission of HOST. The Customer shall not attempt to make use of or attempt to access HOST’s internal network system. A fee may be levied for the use of HOST’s data transportation systems.
2.20 Where HOST is not responsible for reasonable delays caused by technical equipment, the Client is not entitled to delay or withhold payment.
2.21 The Customer shall remove its equipment (and make arrangements for the removal of any equipment supplied by third parties) immediately after the event unless otherwise agreed with HOST. HOST may charge if it is left to store or transport any equipment not removed by the Customer. Interruption of any future events by equipment left on the premises may incur an additional charge. The Customer shall be responsible for the removal of any third-party equipment.
2.22 The Client (and/or any third-party supplier of equipment) must have and may be asked to produce proof of insurance in respect of any equipment it brings onto the Venue at any time prior to the event.
Music terms and conditions
2.23 The Customer shall provide HOST with contact details for any entertainment acts once confirmed by the Customer in advance of the event.
2.24 Any live entertainment booked through a third party must adhere to HOST’s policy regarding music level and license times, otherwise, music may be terminated by HOST during the event. Please note that at all times, music levels will be monitored by HOST management.
2.25 All entertainment acts must provide a copy of their public liability insurance (to the value of £3 million cover) prior to the event.
- Guest numbers and dietary information
3.1 The Hire Details indicate the guaranteed minimum number of guests attending the Event.
3.2 The Customer shall confirm the final catering numbers at least 14 Calendar Days before the Event or when the Event is confirmed as booked by the Events Team, if a shorter booking period has been accepted. Charges for the Services will be calculated on the final catering number or the number actually attending, whichever is the greater. Where the final catering numbers are less than the guaranteed minimum number of guests specified in the Hire Details, the Customer shall pay the Charges based on the guaranteed minimum number.
3.3 Special dietary requirements should be notified to HOST no later than 7 Calendar before the Event or if on booking the Event if a shorter period has been accepted by the Events Team. Provision of special dietary requirements is included within the Charges.
- Charges and payment
4.1 The Customer shall pay the Charges in accordance with this clause 4.
4.2 The Deposit shall be made payable by the Events Team. The Customer shall pay the Deposit via debit/credit card or bank transfer as follows:
(a) If the Event is less than 30 days away from the date of this contract: 100% of the Chagres shall be payable immediately of HOST’s invoice; or
(b) If the Event is more than 30 days away from the date of this contract: 50% of the Charges shall be payable immediately of HOST’s invoice, and the unpaid balance of Charges shall be payable no later than 30 days prior to the Event.
4.3 If the Customer needs to change numbers, timings or equipment, the Charge will be reassessed according to the Client’s change of arrangements.
4.4 HOST may issue a demand after the Event for any further Charges due. Such Charges may include those payable for any final alterations to the Services, or for guests attending the Event in excess of the number estimated by the Customer pursuant to clause 3.2. Such Charges shall be immediately payable by the Customer on receipt.
4.5 All amounts payable by the Customer exclude amounts in respect of value-added tax (VAT), which the Customer shall additionally be liable to pay to HOST at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
4.6 [If the Customer fails to make any payment due to HOST under the Contract by the due date for payment, then, without limiting HOST's remedies under clause 6, the Customer may be subject to paying interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
4.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.1 It is recommended that the Customer obtains insurance cover in respect of all risks which may be incurred by the Customer arising out of the Event.
5.2 The restrictions on liability in this clause 5 apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.
5.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence; and
(b) fraud or fraudulent misrepresentation.
5.4 Subject to clause 5.3, HOST shall not be liable for:
(a) the death of, or injury to, the Customer or that of the Customer's employees, contractors or any other guests or invitees to the Venue; or
(b) damage or theft of any property of the Customer or that of the Customer's employees, contractors, or other guests of invitees to the Venue.
5.5 Subject to clause 5.3 and clause 5.4, HOST's total liability to the Customer shall not exceed the cost of the total Charges payable.
5.6 HOST shall not be liable to the Customer for the following types of loss:
(i) loss of profits;
(ii) loss of sales or business;
(iii) loss of agreements or contracts;
(iv) loss of anticipated savings;
(v) loss of use or corruption of software, data, or information;
(vi) loss of or damage to goodwill; and
(vii) indirect or consequential loss.
5.7 Unless the Customer notifies HOST that it intends to make a claim in connection with this Contract within the notice period, HOST shall have no liability for that claim. The notice period for a claim shall start on the day on which the Customer became, or ought reasonably to have become, aware of the incident giving rise to the claim and shall expire two months from that date. The notice must be in writing and must identify the incident and the grounds for the claim in reasonable detail.
6.1 HOST may cancel the Contract with immediate effect by giving the Customer or Customer's authorized representative notice in writing if:
(a) the Customer fails to pay any amount due under the Contract on the due date for payment and such payment remains outstanding for 10 days or prior to the Event date;
(b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceases to carry on business or the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy;
(c) the event be deemed to prejudice the reputation of HOST, its operators or present a conflict of interest in accordance with clause 4.6;
(d) the Customer commits a material breach of any term of the Contract.
6.2 The Customer may cancel the Contract by notice in writing or via email (email@example.com) to HOST or Supplier's authorized representative. Any cancellation notice must be by the named person on the contract.
6.3 If the Contract is cancelled under clause 6.1(d) or 6.2, HOST reserves the right to charge a cancellation fee. Any sums already received by HOST (including any Deposit) under this Contract will be deducted from the cancellation fee. If an event is cancelled, but subsequently re-booked for a date which is less than 6 months from the original event date, the above cancellation fees will be waived. Permitted on one occasion only.
Cancellation before the date of the Event
90 days or over 0% of the Charge
31 to 90 days 25% of the Charge
15 to 30 days 50% of the Charge
14 days or less 100% of the Charge
6.4 On completion or cancellation of the Contract for whatever reason:
(a) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after completion or cancellation shall remain in full force and effect; and
(b) completion or cancellation of the Contract shall not affect any of the rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.
- Data protection
7.1 Where applicable each party shall ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time in the UK relating to the use of personal data and the privacy of electronic communications, including: (i) the Data Protection Act 2018 and any successor UK legislation (ii) the retained EU law version of General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and (iii) the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).
8.1 Force majeure
HOST shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to fire, tempest, explosion of any kind, failure or neglect on the part of any utility supplying electricity, gas or water, labour strife, civil commotion, war, fire or explosion, terrorism, COVID-19 or any other event beyond the control of HOST.
In the event of such force majeure event occurs, neither Party shall owe any further obligation to the other, and either HOST or the Customer shall be entitled to cancel this Contract (and shall not be for any loss the other party may sustain in consequence of any such cancellation).
8.2 Entire agreement
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
(a) A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
(b) A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under clause 8.5 shall not affect the validity and enforceability of the rest of the Contract.
(a) Any written notice given to a party under or in connection with the Contract shall be in writing and shall be:
(i) delivered by hand or by pre-paid first-class post or another next working day delivery service at its registered office; or
(ii) sent by email to the address specified in the Hire Details.
(b) Any written notice shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 8.6(b)(iii), business hours mean 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt.
8.7 Third-party rights
The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
8.8 Governing law
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.