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1. Nature of Agreement

1. This Agreement is a commercial service arrangement under which the Service Provider grants the Client a limited right to access and use designated coworking space at its centres. Nothing contained herein shall be construed to create any tenancy, lease, license coupled with possession, or any other proprietary interest in favour of the Client. Possession and control of the premises shall at all times remain with the Service Provider. The rights granted to the Client are personal, non-exclusive, non-transferable, and revocable. The Service Provider may assign, transfer, novate, or otherwise deal with its rights and obligations under this Agreement to any of its affiliates, group companies, successors, or assigns, without requiring the consent of the Client.
2. The standard operating procedures of the Service Provider are listed and shortly named as “Workafella Codes”. The Client must comply with this Codes which the Service Provider imposes on them, for using their Centre and the said Codes varies from Centre to Centre and the same shall be provided to the Client on request.

2. Access to Centres

The Client shall be entitled to access and use the Service Provider's centres in accordance with the Day Pass plan subscribed to by the Client. A City Pass shall permit access to the Service Provider's centres within the designated city, and a Pan-India Pass shall permit access to the Service Provider's centres across India. All such access shall be subject to availability, centre-specific policies, capacity constraints, and operational requirements. The Service Provider reserves the right to deny, restrict, suspend, or condition access to any centre at its sole discretion.

3. Usage and Validity

1. The use of Day pass and the centre is subject to the terms and conditions of this Day Pass Agreement as well as the Workafella Codes. The use of the same is also subject to all governmental laws, ordinances and regulations.
2. Access to and use of the Facilities shall be granted only upon receipt of full payment and successful verification of the Client's KYC documents by the Service Provider. The Day Pass shall be activated upon completion of such verification, and the applicable validity period shall commence from the date of such activation and continue for the period applicable to the Day Pass plan purchased by the Client. For the purposes of this Agreement, any access to the Centre on a given day, whether partial or full, shall be deemed to constitute one (1) full usage day.
3. Access to the Centre shall be restricted to the Service Provider’s standard business hours, being 9:00 AM to 6:00 PM from Monday to Friday, excluding applicable public holidays, unless otherwise expressly agreed in writing.
4. Any unutilized usage days remaining upon expiry of the validity period applicable to the Day Pass plan purchased by the Client shall automatically lapse without any refund, extension, or carry forward.
5. The Day Pass shall be used strictly by the individual in whose name it is issued, and shall not be shared, transferred, assigned, or otherwise made available to any other person. The Client shall ensure that no unauthorized person is permitted to access or use the Facilities under the Day Pass. Any breach of this clause shall constitute a material default under this Agreement, entitling the Service Provider to terminate this Agreement with immediate effect.
6. Guest access shall not be permitted under this Agreement. Only the Client, as approved by the Service Provider, shall be entitled to access and use the Services and the Premises.
7. All belongings of the Client shall at all times remain under the sole care, custody, and control of the Client, and the Service Provider shall have no responsibility or liability for any loss, damage, or theft of the same.
8. The Client shall use the Facilities under the Day Pass on an ‘as is’ basis and assume all risks of loss, damage, or injury arising out of or in connection with such use. For the purposes of this clause, ‘Facilities’ shall mean the designated workspace and the common amenities made available by the Service Provider for use in connection therewith, and nothing herein shall be construed as granting access to or rights in respect of any other areas of the Centre.
9. The Service Provider reserves the right to enter the allotted space at any time it may reasonably deem necessary.

4. Booking and Availability

1. All fees shall be paid in full, and all KYC requirements shall be completed, prior to the scheduled usage, failing which the Service Provider shall have the right to withhold or cancel the booking without any liability. All fees specified herein are exclusive of GST and any other applicable taxes, levies, or statutory charges, which shall be borne and paid by the Client at the applicable rates.
2. All usage under the Day Pass shall be subject to prior booking and real-time availability. The Client acknowledges and agrees that the Service Provider does not guarantee the availability of any specific seat, desk, or workspace configuration, and all allocations shall be made at the sole discretion of the Service Provider.
3. The Service Provider is eco-friendly and shall send all invoices electronically, and the Client shall make payments in respect of the Day Pass through the payment gateway designated by the Service Provider from time to time. All amounts payable by the Client under this Agreement may be assigned to other members of the Service Provider's group.
4. The Client shall, prior to commencement of use of the services and/or premises, submit valid government-issued identification documents for the purpose of KYC verification, as may be required by the Service Provider.
5. All payments made under this Agreement shall be final, non-cancellable, and non-refundable, except as required under applicable law.
6. In the event in which the Client fails to utilize any booked Day Pass on the scheduled date, for any reason whatsoever, such Day Pass shall be deemed to have been utilized, and the corresponding fee shall stand forfeited, without any obligation or liability on the part of the Service Provider.

5. Termination

1. Upon purchase of the Day Pass, this Agreement shall come into effect; however, access to the Facilities and commencement of the applicable validity period shall be subject to successful completion of KYC verification and activation of the Day Pass by the Service Provider. The Service Provider reserves the right to suspend or terminate this Agreement and/or deny access to the Client, with immediate effect and without any obligation to provide prior notice, in the event of any breach of this Agreement, misconduct, violation of applicable policies, or if the Client becomes insolvent, bankrupt, goes into liquidation, or becomes unable to pay its debts as they fall due, and may collect damages from the Client towards such breach.
2. The Client may choose not to avail or discontinue usage of the Day Pass at its discretion; however, all payments made under this Agreement shall be final, non-cancellable, non-refundable and shall stand forfeited, except as required under applicable law.

6. Obligations of the Client

1. The Client must comply with all relevant laws and regulations in the conduct of its business in relation to this agreement. The Client must do nothing illegal in connection with its use of the co-working space.
2. The Client shall avail the Facilities under the Day Pass during normal business hours of the Service Provider; however, any additional services, including but not limited to meeting rooms, printing, parking or other such additional services shall be subject to additional charges as prescribed by the Service Provider.
3. The Client shall pay all applicable fees and charges in respect of any additional services prior to availing the same, unless otherwise expressly agreed in writing by the Service Provider. The Service Provider reserves the right to deny, suspend, or discontinue access to any such additional services in the event of non-payment.
4. The Client acknowledges and agrees that the Service Provider may collect, use, process, store, transfer, and disclose the Client's personal information, including KYC documents and identification details, to its affiliates, service providers, payment processors and governmental or regulatory authorities, where reasonably required for the provision of Services, security purposes, verification, legal compliance, or business operations, in accordance with the Service Provider's Privacy Policy.
5. The Client acknowledges that (i) the provisions of this clause are a material inducement for the Service Provider to enter into this Agreement, and (ii) any breach of this clause by the Client shall constitute a material default, entitling the Service Provider to terminate this Agreement forthwith, without any further notice or procedure.

7. Liability and Indemnity

1. The Service Provider shall not be liable for any failure or delay in providing the Services arising from causes beyond its reasonable control, including but not limited to mechanical breakdown, strikes, loss of its interest in the building housing the Centre, maintenance or repair works, transmission or equipment failures, collocation failures, or emergencies, unless attributable to the Service Provider’s wilful misconduct or gross negligence.
2. The Client shall indemnify, defend, and hold harmless the Service Provider, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with the Client’s use of the shared co-working spaces under the Day Pass, including any acts or omissions of the Client.
3. In no event shall the Service Provider be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of business, loss of profits, loss or corruption of data, or third-party claims.
4. The Client acknowledges that interruptions, limitations, or curtailment of Services may occur from time to time for operational, technical, or emergency reasons, and the Service Provider shall not be responsible for any loss of data, messages, or information arising therefrom. The Client shall indemnify the Service Provider against any claims arising out of such interruptions or performance issues.
5. The Service Provider shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including acts of God, governmental actions, strikes, infrastructure failures, or emergencies.

8. Internet

The Service Provider has internet security protocols and the internet service is provided “As-is” with no warranties regarding security, availability, speed or of any information that the client places on it. The Service Provider shall not be liable for any direct, indirect, incidental, consequential or other loss, damage, cost or expense arising from or in connection with the use of, interruption, suspension, failure, viruses, malware, data loss/corruption, security breaches or any other consequence of the Service. The Client shall use the service entirely at its own risk and shall be solely responsible for implementing its own security measures and fully indemnify the Service Provider against all claims arising from the Client’s or its attendees’ use of the service.

9. Notices

All formal notices must be in writing, which may include by email to the address - notices@workafella.com.

10. Conflict

In the event of any conflict between the provisions of this Agreement and the Service Provider ‘Workafella Codes’, the provisions of this Agreement will prevail.

11. Applicable Laws

This Agreement is interpreted and enforced in accordance with the laws of India. All dispute resolution proceedings will be conducted subject to the jurisdiction of the courts of Chennai.