12725 W Indian School Rd E-101
Avondale, AZ 85392

5635 N Scottsdale Rd Suite 170
Scottsdale, AZ 85250

Monday – Friday 8am to 5pm

Terms & Conditions

Lux Offices Client Membership User Agreement

We know that Agreements are never fun to read, but we have taken the time to draft this so that our Client relationship goes as smoothly as possible with no surprises. Please take the time to read this and reach out to our staff right away if you have questions or concerns. Thank you.

1. Definitions:

Operator: Refers to one or more entities operating and leasing serviced office or virtual office facilities, known collectively as Lux Offices, LLC.

Client: Refers to a company or an individual who has subscribed to use services and/or access space from Operator.  Clients include full time physical tenants, virtual tenants, Conference Room Users, and Single User Day Office Users.

Client Summary: Refers to this document which details the specific and variable elements that make this Agreement unique to you, our Lux Offices Client.

Users: Refers to the individuals identified to use services and access space under the Client’s Agreement. Under the terms of this Agreement, Client can purchase plans for additional Users at any of Operator’s locations at their then current location rates.

Premises: Refers to the entire suite of offices and related support facilities and common areas managed by Operator.

Executive Office Space Membership: Refers to Client’s Lux Office membership plan that includes the use of a dedicated office or desk space.

Virtual Office Membership: Refers to Client’s Lux Office membership plan that includes a monthly service package made up of some component  of  temporary  desk  or  meeting  space,  telephone  answering services and business address use, typically referred to as “Virtual Office” or “Day office” plans.

Small Team Space Plans: Refers to optional services available for purchase on a per user basis. The Small Team Service Plans may include some or all the following (non-exhaustive list): Internet, Phone Equipment, Call Answering Services, Furniture, Beverage Services, Meeting Room Credits, Copy and Scanning, Administrative and Mail Management Services.

All Membership Plans are purchased and run concurrent with the Term of this Agreement.

Common Areas: All public common area space in the building which Operator resides, plus open space in Premises, including but not limited exclusively to: Main Building Lobby, Reception Area, Bathrooms, Hallways, and Business workspace.

Client Lease Agreement and Terms of Use: Refers to the terms of business to which Operator and Client agree. Referred to hereinafter as simply “Agreement.”

Notice: Refers to the email address or premises address to which Client notification must be given.  For Client’s notification to Operator, notice may be given in writing to either address of the location where Client’s services are primarily  provided, or emailed to the director  at  the location primarily used or if unknown, to info@luxoffices.com. Operator will provide notice to Client either via mailbox at Client’s location per this Agreement and to the email address of the guarantor to this Agreement, unless another email address for notice is provided Operator.

2. License:

License: Subject to the terms and conditions of this Agreement, Operator grants Client a non-transferable license to occupy and use the Premises (“License”) during the term of this Agreement, and Client accepts such License. This Agreement is the commercial equivalent of an agreement for accommodations in a hotel. The whole of the Premises remains in Operator’s possession and control. CLIENT ACCEPTS THAT THIS AGREEMENT CREATES NO TENANCY INTEREST, LEASEHOLD ESTATE, OR OTHER REAL PROPERTY INTEREST IN CLIENT’S FAVOR WITH RESPECT TO THE ACCOMMODATIONS. Operator is providing Client the right to share with Operator the use of the Premises on these terms and conditions, as supplemented by the House Rules (detailed in Section 4), so that Operator can provide the services to Client. This Agreement is personal to Client and cannot be transferred to anyone else without the prior written consent of Operator. Operator will not unreasonably withhold consent to assignment to a parent, subsidiary, or affiliate of Client provided that Client and assignee execute Operator’s form of agreement of Client License Agreement and Terms of Use which will require assignee to assume all Client’s obligations under the Agreement. Such assignment will not release Client from its obligations under this Agreement.

3. Terms of Agreement:

Initial Term: This Agreement shall commence on date specified on the Client Lease and so shall set the number of months agreed to for the initial term. This Agreement does NOT terminate automatically. Unless notice, under the timelines detailed in Section 10 below: Termination of Agreement, is received by Operator, this Agreement will be automatically extended under the terms and conditions set forth below, for successive periods equal to the initial term.  Regardless of commencement or notice date, this Agreement can only be terminated by Client at the end of a calendar month.

4. House Rules:  During the term of this Agreement, Client agrees to adhere to all terms, conditions, and policies provided by Operator relating to the use of the Common Areas, Premises, including building security procedures, IT access and use procedures, maximum occupancy limitations, specific state law requirements, and other terms or procedures provided by Operator (“House Rules”). The House Rules, (the most recent version which is attached), may be revised and amended by Operator without the prior consent of Client, provided that the Operator will provide Client notice of such revisions and/or amendments. In the event of a conflict between the terms of this Agreement and the House Rules, the House Rules shall govern and control.

Prohibitions:  Tenant shall not cause or maintain any nuisance in or about the Premises and shall keep the Premises free of debris, rodents, vermin and anything of dangerous, noxious or offensive nature or  which would create a fire hazard, undue vibration, music,  noise or heat.  Tenant shall not disturb or interfere with the quiet enjoyment and professional work atmosphere of the surrounding premises of any other tenant in the Building or the Campus of which the Building is a part.  Tenant will be considered in default of their lease with immediate termination.

5. Office Use, Office Services and Monthly Fees:

Office Use:

Executive Membership: The monthly fee for Clients who have contracted for the specific use of a uniquely identified office or a dedicated desk space which includes: a) dedicated use of a desk or office space, b) access to shared center amenities, c) janitorial maintenance, building operating expenses, and taxes, d) utilities and heating and air conditioning during “normal” business hours, e) phone and fiber internet service to your work-space, and e) after-hours access to the Premises.

Physical membership clients agree to a one-time, non-refundable administrative setup fee of $250 per office as well as a $300 redecoration fee.

Virtual Office and Day-Office Subscription: The monthly fee for Clients who have contracted for a Virtual Office and Membership includes: a) access to shared center amenities, b) janitorial maintenance, building operating expenses, and taxes, c) utilities and heating and air conditioning during “normal” business hours.

Virtual membership clients agree to a one-time, non-refundable administrative setup fee of $75 per user.

Office Services and Administrative Set-Up Fees:

Virtual Office: Clients may choose a Membership Plan on an “a la carte ” basis. These users will be charged a monthly bistro hospitality fee of $19 if they choose to use our amenities such as coffee/tea/water from the bistro for themselves and/or their clients. The Client’s Membership Plan commitment, which is included on the Client Summary, is part of the fixed monthly membership and runs concurrent with the term of this Agreement. Terminations or downgrading of Service Plans may only occur with notice at term.

Virtual clients agree to a one-time, non-refundable administrative setup fee of $75 upon signing the Agreement.

Where available and where applicable, and at a Client’s request, a one-time directory signage set up fee may be charged. The amount charged varies depending on location.

Telephone Service:

When applicable, Operator will provide personalized phone services dependent on the Client’s Membership Plan from 8:00 a.m. to 5:00 p.m., Monday – Friday, holidays excluded (a list of holidays will be published by Operator each year). Voicemail is accessible 24-hours per day to Client. Call answering services will only be provided to individual, named Users.

Unless pre-agreed, in writing, all components of the telephone service, including phone numbers and phone equipment issued by Operator but used by Client will always remain property of Operator. Client is not permitted to install any communication equipment, including telephone or network lines for internal or external use without prior written approval of Operator. Local and long-distance phone usage will be charged to Client at Operator’s then marketed rates plus applicable taxes.

Business Address/Mail Service:

When applicable, Operator will act as an agent for Client in receiving mail and reasonably sized packages when such are delivered to Client in conjunction with services to Client. Client will be required to complete and submit to Operator a USPS Form 1583 which will become part of this Agreement and service will NOT commence prior to the completed forms being notarized, returned, and reviewed by Operator’s staff. Any violation of USPS laws, rules, and/or regulations by Client may result in immediate termination of services by Operator. Operator will accept mail in Client’s name, as detailed in this Agreement, and any additional, pre-agreed upon Usernames only. Operator is not responsible for mail returned to sender for improper address.  Client authorizes Operator to sign for mail and packages deliverable only upon signature and agrees to pick up mail and packages in a timely manner or storage fees may apply. Note: DBA’s or additional company names require separate CMRA forms and will incur additional charges for Address/Mail services.

 

Mail Management Services:

Mail Forwarding: Where forwarding is available and upon written instruction, Operator will forward mail to another address. Mail will not be forwarded to other 3rd party agents for delivery addresses. Client agrees to pay for administrative costs, supplies, and postage plus a handling fee to accommodate forwarding. Operator is not responsible for any delay or loss of mail during the forwarding process. International forwarding of packages is not available in all cases. Overnight and express forwarding of packages will require Client’s account number, at the discretion of Operator. Operator is not responsible for mail returned to sender for non-payment of service fees. Client agrees that administrative charges will apply if Client requests, Operator’s staff to retrieve, read, scan, or review the contents of Client’s mail.

Scanning Services:  If Client choses to have Operator open and scan the contents of its mail, Client agrees that, Operator will forward the accumulated mail, one time per month, at the then published service rates or place the mail back into the client physical mailbox.

Hourly Meeting Room Services:

Client will be required to use Lux Offices online booking system or submit a request via email to reserve space. Space is available on a first-come, first-served basis. Cancellation of any booking must be made 48 hours prior (no exceptions), to commencement or Client will be charged the full amount of the booking or have its credit value deducted.  All bookings will be invoiced a minimum of one-half hour and then in subsequent half hour increments. An allotment of credits (to be use against hourly use of meeting/conference rooms and day offices) are available for purchase or included in some membership plans. Credits are NOT transferable. Client or pre-identified Users must be present at all meetings. Overage will be charged at a discounted rate depending on Client’s service plan.

Network and Internet Connectivity:

Operator will provide Client with access to the internet in the form of a shared fiber gateway. The standard shared fiber connection is available for individual internet access for all Operator’s clients using secured VLANS for wired connectivity and standard WPA1/2 encrypted security for wireless. Upgraded internet connections are available for an additional fee. Operator cannot be held responsible for any security intrusions, damages or faults that occur because of this service. The Operator recommends that Client place the following protections on all computers connected to the service: automatic virus scanning software, installation of personal computer firewalls, shutting down computers when not in use for long periods of time, unique ID and password for each computer.

Client may not use this service to publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information on or through Operator’s servers or bandwidth. Client may not upload any information, including images or photographs, or video/film, software, content or other material protected by intellectual property laws, including, by way of example, but not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Client owns or controls the rights thereto or has received all necessary consent to do so. Client may not download any files that Client knows or reasonably should know cannot be legally reproduced, displayed, performed, and/or distributed in such a manner.  Client may not use the services in any way to restrict or inhibit other Clients from using and enjoying the Services. Operator is not responsible for any data, business, or other losses that result from interruption to the internet service provided by Operator. Client is responsible for protecting its own computers and data from electrical surges, theft, viruses, other malicious attacks, or network interruptions.

6. Monthly Fees:

Monthly Fees: As a matter of convenience Operator will produce a monthly invoice, which will include all Client charges as of the 20th day of each month. Unless agreed to in advance, all clients must have a valid credit card on file or make ACH payment arrangements. Operator will run all credit card transactions on the 1st calendar day of the month. Client agrees that any errors or delays in billing for additional charges may be corrected by Operator at any time. Client will have 30 days to dispute any charge from the date of the first invoice with disputed item. All disputed charges must be submitted to Operator in writing. Client agrees to pay any amount not in dispute by the due date.

Late Payment of Fees: Payment not made by close of business on 5th calendar day of each month will result in a late fee of $50.00 or 10% of the monthly fee, whichever is greater.

Dedicated Physical Space Membership: If Client is more than five (5) calendar days past due, Operator shall have the right to declare Client in default. If after five (5) working days from notification of default, full payment for fixed charges has not been received by Operator, Operator may without further notice terminate all services provided under this Agreement, including, for avoidance of doubt, denying Client access to the Premises and/or Dedicated Space. If any part of the invoice is disputed, Client must pay the amount not in dispute by the due date or be subject to late fees. Any dispute must be in writing and submitted to Operator within 30-days of the due date indicated on the invoice.

Virtual Office and Conference Room Membership: If Client has not paid by the 10th calendar day of the month, with or without notice, all services will be terminated: mail will be returned to sender, and phone services and access to meeting room space will be discontinued. Once in default, the total balance due must be paid in full and a re-activation fee of $99.00 will be assessed to resume services.

Declined payments:  Any check, credit card transaction, wire-transfer, ACH Debit or other payment method that is declined for insufficient funds or other reasons shall result in a $50.00 fee per occurrence. Client remains subject to the timing and late fee provisions established above.

Taxes and Fees: Client agrees to pay for all sales, use, and consumption taxes which Operator is required to pay for via local tax regulations and service fees.

Renewal Escalations:

Dedicated Physical Office Membership: In the event of any automatic renewal, Operator reserves the right to raise the rent, up to 10% of the current rate, without notice, to adjust for changes in the market value of Client’s office(s).

Virtual Office, Day Office, and Virtual Office Memberships: Client agrees that an automatic 4% increase will be assessed annually to the monthly plan rate regardless of term or then published, new client pricing and/or discounts.

7. Manner of Use:

Manner of Use: Client may use the facilities and services for legitimate business purposes only. Client shall not conduct any activity on the Premises which is forbidden by law, hazardous, or may invalidate or increase the premium of any insurance policy carried by the Operator or its partners. Client shall not conduct any activity which impairs the character, quiet enjoyment, reputation, appearance, or operation of the business. Client agrees to strictly adhere to the reasonable rules and regulations mandated by Operator’s landlord and staff.

Client is responsible to ensure that its personnel and guests always conduct themselves in a business-like and professional manner. Operator may immediately terminate a Client’s Agreement in Operator’s sole discretion, if Client’s employees or guests use vulgar, abusive, violent or insulting language or demonstrates aggressive behavior directed toward or observed by any of the Operator’s staff or takes action to disrupt the business environment of the Premises or if Client’s business lawfulness is questioned by local, state or federal policing or regulatory authorities.

Damages to Premises: Client agrees to not damage, deface or alter the offices, meeting rooms, common areas, furniture, furnishings, walls, ceilings, floors, or equipment or otherwise improperly use the space. If Operator is forced to make repairs due to Client’s use of the space either by its employees or guests, Client will reimburse Operator for all costs associated with repair over and above normal wear and tear.

Sexual Harassment and Discrimination: Client and its employees, agents, and guests will not engage in legally prohibited acts of sexual harassment to any of Operator’s employees. Client and Operator agree to comply with all laws prohibiting discrimination based on a person’s sex, age, race, color, national origin, disability and/or religion and similar statues.

Virtual Office/Day Offices/Conference Rooms: Unless specified otherwise, Client must give at least 30 days’ written notice to discontinue or downgrade service prior to the end of the initial term. Regardless of commencement or notice date, this Agreement can only be terminated on the last day of the calendar month.

Holding Over: If Client does not surrender possession of the Dedicated Space(s) promptly upon termination of this Agreement and does not have written permission of Operator, Client shall pay Operator for each day of such possession one-fifteenth (1/15th) of the amount of the monthly office fee plus all costs, expenses and damages sustained by Operator as a result of such possession and Client will continue to be bound be all the other terms and conditions of this Agreement.

Telephone Number and Mail Forward: Client acknowledges that the U.S. Postal Service will NOT accept a “Change of Address” request for any of Operator’s Clients. Therefore, for ninety (90) days after termination of this Agreement, Operator will automatically invoice Client a fee of $99.00 for transitional services. During this period, Operator will hold or forward mail once per week, supplies and postage included and will re-direct callers to Client’s new telephone number and address via voicemail instruction. One additional 90 day forwarding period may be purchased for $99.00 if the Client chooses. If Client does not pay the invoice and adequate deposits are not available, the length of this transitional service will be pro-rated based upon available funds. Client further understands that at the expiration of the transition term, irrespective of length, all mail will be marked “Return to Sender” and the phone number, which is the property of Operator, will be assigned to another user and disconnected.

Client’s Personal Property: Upon vacating the Premises, client is expected to remove all personal property. Any personal property remaining on the Premises after seven days will be disposed of and costs of dispossession will be charged to Client. If dispossession includes the sale of said property, Operator has no obligation to the Client for any of the proceeds of the sale.

Move-In Fees:

Dedicated Physical Office Membership:   Non-Refundable fees include an IT install fee of $250 per office and a Re-decoration Fee of $300 per office.

8. Security Deposits:

Security Deposit-Dedicated Physical Office Memberships:

Client agrees to deposit with Operator funds equivalent to the first full month’s Monthly Rent and Fee, to Operator for advances made on Client’s behalf for: a) all of its obligations, including: services and rents, b) as security for full performance by Client of the terms set forth in this Agreement, c) for the repair or correction of damage to client’s office, furnishings, and/or equipment beyond normal wear and tear. Under no circumstances may Client use the Security Deposit in lieu of the last monthly payment of fixed or variable charges.

Service Security Deposits -Virtual Office/Conference Room Users and Day Office Memberships: Security Deposits are required.  Please Note:  If Client uses a credit card for monthly payments and the credit card is declined for any reason and Client does not make alternative payment arrangements in order to insure timely payment, in accordance with ‘Payment of Fees’ provision above, Client will be in default. If such default occurs, Operator may request an additional refundable deposit to hold on account, interest-free, until such time as this Agreement is terminated and Client has paid Operator in full.

Keys: Where applicable, Clients will be given the number of keys (including, if required, fobs, mail keys, and access keys). Any key which is lost or stolen must be reported to Operator immediately and Client must pay the cost of replacement and re-keying, if necessary. Additional keys can be made upon Operator approval. Additional key FOBS will be $25 each.

Return of Security Deposit: Subject to Operator’s rights under the preceding paragraph, the entire security deposit, or any balance thereof after final Closing Fees and outstanding balances are assessed, shall be returned to Client within sixty (60) days after Client has terminated this Agreement, and, if applicable, completely vacated the premises and/or surrendered all keys and key FOB’s.

Remedies Upon Client’s Default: On default, Operator may choose any or all of the following remedies: a) terminate this Agreement, b) accelerate all rent payments payable under this Agreement, c) demand security deposit or additional deposits, d) take any action authorized by law to recover office space and Operator’s property from Client, e) Operator may immediately cease providing Client with any or all services, including telecommunications and network/IT services. Client agrees that the withholding of services without the compliance with the provisions of any applicable unlawful detainer or eviction statute which only governs the physical occupancy of the office(s) and is inapplicable to other services such as telecommunications, reception services, network access, conference rooms, parking, etc.

9. Miscellaneous Provisions:

Occupancy: If occupancy cannot be provided by Operator for any reason by the commencement date stated above, Operator shall not be liable for any damages, but rent shall not accrue until occupancy can be provided.

Relocation:  Dedicated Membership Clients, (Physical Office Tenants), agree that upon 30 days written notice, Operator may require that you relocate to another office within the premises.  Operator will make space available of approximate equal size (or larger) and similar configuration for the remainder of the term at a rate no greater than Client’s current Monthly Fees.

Insurance: Client understands that Operator does not provide any insurance for Client’s benefit. Client agrees to insure, at its own expense, its personal property from all perils and assumes all risk of loss with respect to its property and that of its employees, agents, and guests. Client agrees to endorse Operator as additional named insured on its policy.

Media Consent: From time to time Operator takes videos and photos of the space, particularly during community events. These videos and photos may be posted to Operator’s website and social media accounts. Users of the space expressly consent to the use of any photos or video which include their likeness on Operator’s website or social media postings.

Waiver: Client acknowledges that due to the imperfect nature of verbal, written, and electronic communications and equipment, Operator shall not be responsible for damages, direct or consequential, which may result from the failure of Operator to furnish any service, including but not limited to the service of conveying messages, communications, and other utility or services described under this Agreement or agreed by Operator. This indemnification of liability includes any perceived loss of business, profits, or anticipated earnings that rises out of or in connection with the Client’s use of Operator’s services including telephone, voicemail, phone answering, mail delivery or mail forwarding, internet and computer services. Client’s sole remedy and Operator’s sole obligation for any failure to render any service, any error or omission or any delay or interruption with respect thereto, is limited to an adjustment to Client’s billing in an amount equal to the charge for such service for the period during which the failure, delay, interruption occurs or continues. Nonetheless, Client may terminate this Agreement by providing Operator with five (5) days advance written notice if Operator’s services substantially cease to function for five (5) consecutive business days during the term of this Agreement unless Client is in default of this Agreement. Further, except for loss or damage to Client’s property intentionally caused by Operator’s agents or employees, Client, as a material consideration of this Agreement waives all claims again Operator for loss or damage to the Client’s property caused by fire, water, theft or otherwise.

Indemnify and Hold Harmless:  Due to the imperfect nature of technology and verbal, written, mailed, or  electronic communication, as well as mistakes by employees or associates, or due to strike, Force Majeure, or other unforeseen occurrence, Client agrees that Operator is free from all liability for claims for damages by any reason barring willful misconduct on behalf of Operator. This indemnification of liability includes any perceived loss of business, profits, or anticipated earnings that arises out of or is in connection with Client’s use of Operators’ services including: telephone, voicemail, phone answering, mail delivery or mail forwarding, internet and computer services, or center specific services. Client agrees that Operator is to be free from all liability for claims for damages by reason of injury to any person or loss or damage to any property from any cause while in, upon, or in any way connected with the facilities of Operator. Client agrees to hold Operator harmless from all liability, loss, cost, or obligations arising out of any such injuries or losses, however occurring.

Limitation of Liability: Operator shall not be liable for any direct, indirect, incidental, punitive, special, multiple, or consequential damages resulting from Client’s use or inability to use the Services or for cost of procurement or substitute goods and services or resulting from any products or services purchased or obtained through the site including loss of profits, use, data or intangible property, even if Operator has been advised of the possibility of such damages. The entire liability of Operator, and Client’s exclusive remedy with respect to the use of the site and Services, are limited to the lesser of 1) the amount actually paid by Client for the Services during the three (3) months preceding the date of any claim made by Client; or 2) $500.00 (US), whichever is less. By acceptance of this Agreement, Client hereby releases Operator from any obligations, liabilities and/or claims more than this limitation.

Attorney’s Fees: If either party breaches any term, covenant or condition of this Agreement, the breaching party shall pay the other party’s reasonable expenses, including attorney’s fees, incurred in enforcing its rights under this Agreement.

Operator’s Employees:  Client agrees that during the term of this Agreement and for one (1) year after  termination, neither Client nor any affiliate of Client shall solicit for hire anyone who is or has been an employee of Operator during the term or term of Client’s Agreement or accept compensation in connection with the employment of Operator’s employees. Client may recruit generally in the media and may hire an Employee who answers an advertisement without having been personally solicited or recruited by the Client. Upon breach of this provision, Client agrees to pay the Operator ten thousand dollars ($10,000) as compensation and agrees that this provision for liquidated damages is reasonable and that the actual damage which would be sustained by the Operator as a result would be difficult to fix.

Right of Entry: Operator shall have the right to enter Client’s Dedicated Space(s) in the following circumstances: a) in the case of emergency, b) upon reasonable advanced notice to Client for cleaning, to make repairs or to exhibit the office(s) to potential Clients, and c) to supply services requested by Client.

Rules and Regulations: Client agrees to comply with the normal rules and regulations imposed upon Operator by the Master Lease or by norms dictated by the use of the space, for which amendments may be required from time to time, for which Client will be notified in writing. Documented Rules and Regulations are available on Premises. If applicable and required by Master Lease, Client agrees to accept and sign acknowledgement of specific Premises-based Rules and Regulations.

Master Lease: This Agreement shall be subject and subordinate to the Lease under which the Operator holds possession of the Premises. Upon termination of such Lease, for any reason, this Agreement shall terminate, and Client shall promptly surrender Client’s office. If applicable, Client may be asked to accept location specific provisions mandated. Any required Addendum will be submitted to Client, for review and signature, as an attachment to this Agreement prior to Commencement.

Partnership Agreement: This Agreement might be subject and subordinate to a Partnership Agreement under which, if applicable, 3rd party dedicated office, subscription or day use services are provided to Client on behalf of Operator.

Management Contract: This Agreement might be subject to and subordinate to a Management Contract under which, if applicable, dedicated office, subscription, or day use services are provided.

Assignment and Subletting:   Client’s interest under this Agreement many are not encumbered or assigned, in whole or part, either by act of Client or by operation of law without the express written consent of Operator. In the absence of written consent, any purported encumbrance, assignment, or sublease by Client shall not be binding on Operator.

Time is of the Essence: The timing provisions contained in this Agreement constitute a material part of the Agreement.

Applicable Law: The Agreement shall be governed and construed in accordance with the laws of the State of Arizona. This instrument and all documents incorporated by reference contains the entire Agreement of the parties. No representation or promise relating to and no amendment of this Agreement shall be binding unless it is in writing and signed by both parties. If any provision of this Agreement is held to be unenforceable, this Agreement shall be construed without such provision. The captions are not part of the Agreement.

Confidentiality: Client acknowledges that during its participation in the use of the Premises, Client may be exposed to Confidential Information of Operator and/or other Clients. “Confidential Information” shall mean all information, in whole or in part, that is nonpublic, confidential, or proprietary in nature. Confidential Information includes, without limitation, information about business, sales, operations, know how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the Premises, computer systems, and/or books and records of Operator or any Client, any analyses, compilations studies or other documents prepared by Operator or any Client or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to believe should be treated as confidential. Client’s license obligates Client to: a) maintain all Confidential Information of Operator or any other Client in strict confidence, b) not disclose Confidential Information to any third parties, including any other Client, and c) not to use Confidential Information in any way directly or indirectly detrimental to Operator or any other Client. Operator shall have no liability arising from Client’s disclosure, whether intentional or not, of any Confidential Information shared to third parties in or about the Premises.

10. Termination of Agreement:

Termination of Agreement: Any notice required or permitted under this Agreement must be in writing addressed to Operator via email (with confirmation from Operator) or delivered to Operator at the Premises. Client agrees Operator’s written notice may be delivered via email or delivered to Client’s designated mailbox.

Dedicated Executive Space Membership: Either party can terminate or downgrade space and services under this Agreement at the end of the initial or subsequent terms within the time specified on your lease. In any event, the termination of this Agreement shall be effective on the last calendar day of the month in which the last of required period falls. Failure to notify Operator of Client’s intent to terminate shall result in an automatic renewal of this Agreement for subsequent periods equal in length to this Agreement.

House Rules

Conference Room Usage: (If applicable) Client will receive account information to access the Operator’s meeting room booking portal for the purposes of scheduling, on a first-come, first-served basis day office or meeting room space. Contracted credits are to be used by the last billing day of the month and will not be carried over. Credit use over the contracted amounts will be billed at then Operator’s hourly rates.  Client agrees to adhere to Operator’s cancellation and other pertinent policies regarding use as posted on the Client Services Portal. Pre-purchased Credit plans will be tracked and overage fees, when applicable, will be applied on a mid-month to mid-month schedule. Usage will be tracked from the 19th of the month to the 20th of the next. Fees will appear on the invoice due on the 1st day of the following month.

Alterations: Client may not make any physical alterations to Client’s office(s) or dedicated space without the prior written consent of Operator. Exceptions are: a) hanging light-weight pictures, b) adding furniture that doesn’t interfere with the space (moving regulations must be adhered to), and c) installing business equipment that does not interfere with the interior surfaces or existing electrical, cabling or telephonic systems.

Corridor and Exit Doors: Client will not prop open any corridor doors, exit doors or doors connected to corridors during or after business hours.

Chair Mats: Where applicable, Client agrees to use chair mats for any rolling desk chair. Repair of carpet damage will be the responsibility of Client.

Animals:  Tenant shall not bring animals or pets, except for service animals, in or on the Suite, Building, or Premises.

Prohibitions:  Tenant shall not cause or maintain any nuisance in or about the Premises and shall keep the Premises free of debris, rodents, vermin and anything of dangerous, noxious or offensive nature or  which would create a fire hazard, undue vibration, music,  noise or heat.  Tenant shall not disturb or interfere with the quiet enjoyment and professional work atmosphere of the surrounding premises of any other tenant in the Building or the Campus of which the Building is a part.  Tenant will be considered in default of their lease with immediate termination.

Owner/Client Equipment Installation: A copier/printer is available for tenant use. If installation of a personal copier/printer is requested and given authorization, client can expect an increase in the heat generated within their personal office suite. Operator will not be responsible to make any accommodations or changes to airflow.

Office Temperatures: HVAC temperatures are generally set to operate between 75-78 degrees during normal work hours. which is M-F 8:00 a.m.- 5:00 pm Clients can request weekend temperatures if desired.

Smoking: Smoking, including vape and e-cigarettes, is always prohibited within the Premises. Individual building rules and Arizona guidelines regarding smoking restrictions must be followed by Client and its employees and guests. Smoking within 20 feet of any entrance is not allowed.

Signage: No sign, placard, picture, advertisement, name, or notice shall be inscribed, displayed, or printed, or affixed on or to any part of the outside or inside of the Building without the written consent of Operator. Operator shall have the right to remove same without notice to and at the expense of Client.

Common Areas: The sidewalks, halls, passages, exits, entrances, elevators, and stairways shall not be obstructed by any use of the Client or used for any purpose other than for ingress and egress from their respective office(s) or Premise.

Quiet enjoyment: Client will not interfere with the quiet enjoyment of any of Operator’s other clients.

Door Locks: Client shall not alter any lock or install any new or additional locks or any bolts on any doors or windows of the Premises.

Restrooms: The building restrooms, urinals, wash bowls, and other apparatus shall not be used for any purpose other than that for which they were constructed and no foreign substance of any kind shall be thrown therein and the expense of any breakage, stoppage, or damage resulting from the violation of this rule shall be borne by the Client who, or whose agents, officers, employees, invitees or guests, shall have caused it.

Moving: Any moving company or contractor retained by Client to undertake moving activities, including but not limited to furniture, freight and other large equipment, to or from the Premises must first be pre-approved by Operator, in Operator’s sole but reasonable discretion; and obtain Operator’s approval of the timing and manner of the moving activities and schedule. However, all “Move-In’s and Move-Outs” must be scheduled prior to 8:00 a.m. or after 5:00 p.m. Monday through Friday, so as not to disturb other clients during the workday.

Use: Other than use of the microwave and coffee machine, no other cooking shall be done or permitted by any Client on the Premises, nor shall the Premises be used for the storage of merchandise, for washing clothes, for lodging, or for any improper, objectionable, or immoral purpose.

No Flammable or Toxic Materials: Client shall not use or keep in the Premises any flammable or combustible fluid or material or use any method of heating or air conditioning other than that supplied by Operator (small office fans excluded). Client shall not use, keep, or permit to be used or kept, any foul or noxious gas or substance in the Premises.

Telephone/Cabling Installation: Only Operator provided telephone and internet is allowed on the premises.

Access to Building and Premises: On Weekends and legal holidays, and on other days between the hours of 5:00 p.m. and 8:00 a.m. the following day, access to the Premises, building, elevators, and stairways may be refused unless the person seeking access is known to the person or employee of the Building and has access “keys.” The Operator shall in no case be liable for damages for any error regarding the admission to or exclusion from the Premises or building of any person. In case of invasion, mob, riot, public excitement, or other commotion, access to the Building and/or Premises may be denied by closing of the doors or otherwise, for the safety and protection of the suite and building’s Clients and property. Operator reserves the right to exclude or expel from the Premises and building any person who, in the judgment of the Operator, is intoxicated or under the influence of liquor or drugs, or who shall in any manner appear likely to act in violation of any of the rules of the Premises or Building.

Common Area Operations: Operator shall have the right to control and operate the public portions of the Building, and the public facilities, and heating and air conditioning, as well as facilities furnished for the common use of the Clients, in such manner as it deems best for the benefit of the Clients generally.

Enforcement: Client agrees that compliance with these House Rules is a material component of the Client License Agreement and Terms of Use between Client and Operator. Client agrees to abide by all such rules and regulations and any written amendments or modifications to same. Operator shall have no responsibility to Client for any violation or non-performance of these House Rules by any of Operator’s other Clients or Clients of the building.