Welcome to the GridAKL Tech Café! We want to ensure the experience of being at the Café Collective is great for everyone, which means we have a few house rules. Here’s a break down of the basics, and then a full look at the membership agreement below.
Plug and play
Internet & device use
The Tech cafe operates with ‘plug and play’, which means you can bring your laptop or tablet with you and jump on the internet. Just ask our staff for the tech cafe internet password, and you’re good to go. When it comes to internet use, please do not download anything that could get you or us into trouble, so only legal work-related activity on the internet plz.
Using the internet considerately is going to lead to a better experience for everyone, so maybe download that huge file when you get home.:)
Consideration and community
Be respectful of others
Generally, just try and be considerate in your use of the cafe. The cafe space will be used by a variety of different teams and people, from quiet solo workers to teams wanting to work on an idea together – so bring your headphones for your loud skype sessions!
We also ask that you do not bring in outside food or coffee, because our food and coffee is just too good not to try!
Space and ammenities
Clean, serene and as you left it
We love tidy humans! Pop your rubbish in the bins and take your precious possessions with ya when you go. Basically leave the space as close to how it was when you walked in.
Spot something that is broken or needs attention? Be sure to let the Cafe or GridAKL team know.
Safe and Healthy
Keep safe, and be healthy
Please adhere to the health and safety materials and briefings by the GridAKL and cafe team and report any health and safety issues to the team on the ground.
FIRST SCHEDULE – Key Terms
Premises: Café Collective coworking cafe operated by GridAKL located at 101 Pakenham St West, Auckland.
Permitted use: General cafe and office use.
The Licensor shall bear the cost of the following outgoings:
Wireless Internet (see Fourth Schedule);
Other utilities and services as deemed fit at the sole discretion of the Licensor and daily cleaning of the Premises.
If the Licensor considers in its sole discretion that a proportion of the Licensee’s use of any or all of the above outgoings is excessive then the Licensee shall pay for that proportion of that outgoing.
The Licensee shall bear the cost of the following outgoings:
The cost of any other outgoings incurred in the operation of the Licensee’s business. For the avoidance of doubt, the outgoings paid by the Licensor are strictly limited to those outgoings specified in clauses 3(a) to 3(f) of this Licence.
Damage to the Premises
The Licensee shall rectify any damage to the Premises caused by the Licensee or persons under the control of the Licensee other than damage in respect of which the Licensor is indemnified under any policy of insurance and such insurance has not been rendered irrecoverable by law by any act or omission of the Licensee.
In the event the Licensor is indemnified under any policy of insurance for damage caused by the Licensee and/or persons under the control of the Licensee, the Licensee will, as and when required by the Licensor, pay any excess payments and all extra premiums payable by the Licensor on account of the extra risk caused by the Licensee’s damage.
The Licensee shall indemnify and keep indemnified the Licensor from any action, claim, demand, loss, damage, cost, expense and liability which the Licensor may suffer or incur, or for which the Licensor may become liable in respect of or arising from:
The loss, damage or injury from any cause to property or persons (whether in or outside the Premises) caused or contributed to by the use or misuse of the Premises by the Licensee, or by the condition of the Premises or any part thereof, or by any act, omission, neglect, breach or default on the part of the Licensee; and any failure by the Licensee to comply with any obligation imposed by the Licensor under this Licence or by law.
The Licensee shall only be liable to indemnify the Licensor under this clause to the extent that the Licensor is not insured under any policy of insurance (the proceeds of which have not been rendered irrecoverable by law, or by any act or omission by the Licensee) or is not fully indemnified under any policy of insurance and the insurer of the Licensor has approved the Licensor’s claim and made payment to the Licensor.
Licensee to Occupy Premises at Own Risk
The Licensee agrees to occupy and use the Premises at the Licensee’s risk and releases, to the full extent permitted by law, the Licensor, its servants and agents from all claims and demands of any kind and from all liability which may arise (other than as a result of any misconduct or negligent act or omission of the Licensor and/ or its servants or agents) in respect of any accident, damage or theft affecting any person or property in or about the Premises.
No Warranty by Licensor as to Suitability
The Licensor does not in any way warrant that the Premises are or will remain suitable or adequate for any of the purposes of the Licensee and, to the full extent permitted by law, all warranties as to suitability and to adequacy implied by law are expressly negatived.
Use of Premises
The Licensee will use the Premises for the sole purpose of conducting the business stated in First Schedule and the Licensee will not under any circumstances alter or change the stipulated use of the Premises without the prior written consent of the Licensor. That consent may be refused by the Licensor without the necessity of the Licensor to give reasons for that refusal and, if that consent is granted, the Licensor may impose whatever reasonable conditions as it deems necessary and expedient in the particular circumstances. Compliance with the clause is deemed to be of the essence. .
The Licensee will not use the Premises for any activity or purpose which is unlawful, immoral or indecent or which in the Licensor’s opinion offends commonly accepted standards of decency.
The Licensee must not make or allow to be made any alterations or additions to the Premises or its equipment or fittings.
The Licensee must not do or allow to be done anything which may be or become a disturbance, nuisance or annoyance to the Licensor, other Members or the occupiers of adjoining or neighbouring premises.
Without prior permission, the Licensee must not operate any UAV or other remote-controlled vehicle inside the indoor spaces of the GridAKL premises. If the Licensee operates any UAV or other remote-controlled vehicle outdoors in the premises, the Licensee is responsible for any and all damage that may be caused.
The Licensee acknowledges that their Membership under this Licence does not entitle them to the use of any car parks owned by the Licensor but that the Licensor may agree to allow the Licensee to have the use of a car park at an agreed fee which arrangement will be documented in a car park licence.
In furtherance of the Licensee’s obligations, the Licensee shall at all times conduct the Licensee’s business in a professional manner commensurate with the high standards of trading required by the Licensor and necessary to promote the reputation of the Premises. Compliance with the clause is deemed to be of the essence.
If the Licensee has failed or is failing to achieve such standards specified in clause 10.1 above then the Licensor may serve on the Licensee notice in writing containing directions as to the future conduct of the Licensee’s business and the Licensee shall immediately comply with such directions. If the Licensee fails to achieve such standards within the time specified by the Licensor then the Licensor (without prejudice to any of its other rights and remedies under this Lease) shall be entitled to exercise its rights under clause 13.
Termination of Licence
If any of the following occur then the Licensor shall be entitled terminate the
The Licensee makes or attempts to make any composition, assignment or other arrangement with or for the benefit of the Licensee’s creditors; or
The Licensee breaches any of the other terms contained or implied in this Licence to be complied with by the Licensee.
Termination of the Licence shall not release the Licensee from liability for the Licence Fee then due or for any antecedent breach of any of the terms contained or implied in the Licence.
THIRD SCHEDULE – Confidentiality
Use of Confidential Information
The Licensor and the Licensee (together, “the Parties”) both agree to keep strictly confidential all Confidential Information and to take all reasonable practical steps to prevent any unauthorised use or disclosure of the Confidential Information.
The Parties both agree that, unless the explicit consent of the other is first obtained, neither party may:
Use any Confidential Information for any purpose other than the purpose it was provided; or
Copy or reproduce any Confidential Information in any way.
Personal information provided, and related comments made, by either party will be treated by the other as strictly confidential.
Provision of this information by either party will be deemed to be made with the authorisation of the individuals concerned.
Disclosure Required by law
If either party is legally required to disclose any Confidential Information provided by the other, the party so obliged must: advise the other of this obligation before disclosing it; and only disclose that part of the Confidential Information which is required to be disclosed.
Confidentiality Agreement Continues after Term ends
The Parties both agree that the obligations under this agreement continue after the conclusion of the Licence Term.
Ownership of Confidential Information
The Parties both agree that the Confidential Information, and all copyright and other intellectual property rights in the Confidential Information, belongs to the disclosing party.
Breach of Confidentiality Obligations
The Parties each acknowledge that in the event of any breach of this agreement by either Party the other is entitled to equitable relief including, without limitation, an injunction and damages.
No Waiver of Rights
Any failure to exercise any right or remedy available to either party does not limit the other party’s rights to exercise that or any other right or remedy.
FOURTH SCHEDULE – Wireless Internet Policy
GridAKL WiFi Access Terms and Conditions
THE SHORT STORY:
We do not guarantee uninterrupted network service, though we will always do our best to facilitate this.
We use the internet primarily for business purposes. We do not download material that may be considered objectionable by other residents including pornography or illegally shared data.
We do not use data in such quantity that it impacts on cost or bandwidth for all residents.
We do not set up additional hardware or sub-access points on the GridAKL network.
If you’re unsure about what constitutes ‘acceptable use,’ ask a member of your Community Team.
THE FULL FINE PRINT:
Your access to the Service is completely at the discretion of the GridAKL Staff. Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for GridAKL, disruption of access to other users or networks, and violation of applicable laws or regulations. The GridAKL team reserves the right to monitor and collect information while you are connected to the Service and that the collected information can be used at discretion of GridAKL, including sharing the information with any law enforcement agencies.
The GridAKL team may revise this Agreement at any time. You must accept this Agreement each time you see it while using the Service and it is your responsibility to review it for any changes each time.
We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.
IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.
that the internet is primarily for business purposes
that the Service may not be uninterrupted or error-free;
that your device may be exposed to viruses or other harmful applications through the Service;
The service and any products or services provided on or in connection with the service are provided on an “as is” and “as available” basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the services, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by the GridAKL team, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed.
Acceptable Use of the Service
You must not use the Service to access Internet Services, or send or receive e-mails, which:
are defamatory, threatening, intimidating or which could be classed as harassment; contain obscene, profane or abusive material;
contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
contain offensive or derogatory images regarding sex, race, religion, color, origin,
age, physical or mental disability, medical condition or sexual orientation;
contain material which infringe third party’s rights (including intellectual property rights);in our reasonable opinion may adversely affect the manner in which we carry out our work;
contain forged or misrepresented message headers, whether in whole or in part, to
mask the originator of the message;
are activities that invade another’s privacy; or are otherwise unlawful or inappropriate;
You must not use the service to access illegally or without authorisation computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
You will not use the service to distribute Internet Viruses, Trojan Horses, or other destructive software.
Activities which degrade the performance of a computer system or network, use a system or network for which the user is not authorised, or deprive authorised users of resources or access to computers or networks is prohibited. We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement.
You must not use the Service to engage in any activity that constitutes or is capable of constituting a criminal offence, either in the New Zealand or in any country throughout the world.
You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
You agree and acknowledge that we will monitor your activity while you use this service and keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address
You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have and are entitled to provide by law, to law enforcement authorities or rights- holders.
By agreeing to the GridAKL TECH CAFE Membership Agreement, I confirm that I accept these terms and conditions as the basis of my use of the wireless Internet access provided.
We respect others so that we can all enjoy the same space together.
We don’t move shared office equipment, and we report malfunctions so that they can be fixed promptly.
We leave the toilets and bathrooms as we would like to find them.
We consider the noise levels we may generate and its impact on those around us.
We balance our individual needs with the needs of the broader community when making adjustments to the environment.
We keep our work spaces clean and tidy, utilising the recycling facilities that are available.
We respectfully consider the impact that noise from our conversations or phones has on those working around us.
We take ownership of our documents and secure any confidential material.
We are empowered to raise issues with our fellow residents when their behaviour impacts on us and others.
We use the internet primarily for business purposes. We do not download or print material that may be considered objectionable by other residents, including pornography, illegally shared data, or non-work data in such quantity that it impacts on cost or bandwidth for all residents.
Products and Services
When discussing and promoting our own product and service offerings, we respect the rights of our fellow residents to work in an environment free of unsolicited sales activity.
We use shared resources with the idea of fair use in mind, asking the GridAKL team first if we feel our use of communal resources might impinge on the ability of those around us to use those resources too.