Kelps terms and conditions

Kelp Cowork Membership Agreement

1. General
   In consideration for the mutual benefits exchanged by Kelp Cowork (the “Company”) and the undersigned (“You”, the “Member”, collectively the “Parties”), the Parties hereby agree, warrant, consent, and covenant to the following terms, conditions, and representations:
2. Description of Services
   Kelp Cowork may provide you with 24-hour, 7-day-a-week access to office space, call booths, Internet access, office equipment, conference room, knowledge resources, and other services as Kelp Cowork may provide from time to time (collectively, “Membership details”). The Membership details at all times are subject to these Terms and Conditions. 
3. Behavior
   The Member agrees to conduct himself or herself according to the policies that the Company implements from time to time regarding personal behavior in the co-working space located at R. de São Félix 12, 2655-246 Ericeira (Kelp Cowork). At the Company’s sole discretion, your membership at Kelp Cowork may be terminated for behavior that violates any such policies.
   Rules of behavior include: a. Be kind to each other. b. If headphones are in or someone is working diligently, please realize a member is here to work. Save a conversation for another day. c. Absolutely no belittling, no discriminatory or threatening language, obviously no violence or threatening behavior. d. No smoking inside the building (you can smoke outside if desired). e. While networking is encouraged, and we hope that you create business relationships with each other, avoid strong selling techniques. f. Most of all, follow the Golden Rule – treat others as you want to be treated!
4. Membership Details
   Benefits vary by membership level and will be outlined for you in detail during the sign-up process.
   Amenities may include:
   1. 24/7 Access to Kelp Cowork
   2. Wireless high-speed fiber internet and all utilities included
   3. Access to phone booths and meeting room
   4. Unlimited brewed coffee, hot tea, and filtered water
   5. Access to fridge / microwave in kitchen
      NOTE: Amenities are subject to change with at least a 30-day notice to Co-Working Space members.
5. Use of Services
   The right to the use of the installations for each company (Cowork or Offices) is transmissible and exclusive for the development of the activities that are part of the corporate object of the company or project. The company will not be able to lease or yield the attributed space. Members are entitled to the service of a “virtual office.” This service is inclusive of receiving packages, but Kelp Co-work is excluded from any responsibility, loss, or damages of packages. Packages that have pending payments or taxes that need to be paid are the exclusive responsibility of the member. No financial obligation to receive the package will be supported by Kelp Cowork and may result in the refusal to accept the package at the members’ cost.
   The regimen of use of the space is permanent and effective
   In case that if it verifies temporary ceasing of the activity of the company, this will have to communicate, in writing, mentioning the beddings, duration of interruption and the intention of maintenance of effect of the contract and the right of use of the space and services, that will be dependent of authorization of the administration for Kelp; The installation of other equipment (fax, printer, copier and any other equipment), inherent to the activity of the company, lacks of authorization of the responsible of Kelp and is to the exclusive responsibility of the detainer of the space; Alterations in the structures of the space are not allowed without foresaw written authorization of the responsible ones of Kelp; Kelp reserves the right to inspect the yielded spaces to prove its state of conservation; The fulfilment of the established one in the present document is not reason for immediate and automatic resolution of the contract and consequent deprivation of rights of installation in Kelp.
6. No Tenancy
   the Company provides co-working services on an “as is” basis as a service and not as a lease of real property, and disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law.
   You hereby understand, agree and warrant that you are not a tenant and the Company is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by the law of Portugal, or otherwise.
7. No Residency
   Kelp Cowork is a commercial facility. Using the location or your membership for the purpose of establishing a personal residence is not permitted. You hereby understand, agree, and warrant that you are not a residential tenant at Kelp Cowork.
8. Dogs
   Members holding a monthly or weekly membership may bring their dogs to Kelp cowork and must be 100% responsible for the behavior and hygiene of their dogs in Kelp Cowork. Kelp Cowork reserves the right to decline access to a dog to the space in case any troubles to the space or other members have occurred.
9. Termination
   You agree not to use Kelp Cowork for any purpose that is unlawful, prohibited, or that could damage, disable, or impair the property of the Company or of other members, or prevents other members from enjoying Kelp Cowork, or that would damage the reputation or business of the Company and Kelp Cowork.
   You also agree not to use Kelp Cowork in connection with:
   (a) Lottery contests, pyramid schemes, chain letters, junk email, spamming or similar behavior;
   (b) Abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others;
   (c) Posting, distributing or disseminating inappropriate, defamatory, obscene, indecent, or unlawful material or information;
   (d) Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights, or is protected by intellectual property laws where you don’t own or license such rights; and
   (e) Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of Kelp Cowork or another member.
   Members can terminate its Kelp Cowork membership at any moment by canceling in the online portal. The subscription will end at the end of the term as stated in the contract. For long-term contracts, members can pause its contract for a maximum of three months. Members will be charged a €30,- per month “holding fee” to ensure the desk will be available when the member returns to Kelp Cowork.
10. Changes
    The rules and policies of Kelp Cowork may change from time to time. We will notify members of material changes.
    1. Non-Disclosure
       In your presence at Kelp Cowork, you may learn of confidential information of the Company or its members. Such confidential information may include business information, trade secrets, technology, processes, customers and prospects that is intended to be confidential and proprietary. You hereby agree and consent to not disclose information that you obtain that was intended to remain confidential.
    2. Repairs and Maintenance
       The Company shall maintain Kelp Cowork in good repair and working order. If you notice any problems requiring repair, please notify the Company and it shall be remedied promptly.
    3. Liability
       You hereby waive and hold harmless the Company, its members, officers, directors, shareholders, contractors, and employees (the “Releasees”) from any claims, liability, actions, or suits with respect to any damages, injuries or losses you suffer to your person or property, whatsoever, including as a result of negligence or gross negligence on the part of the Releasees, including but not limited to any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for lost profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other loss) arising out of or in any way related to the Company’s services or otherwise.
11. General
    This agreement may not be assigned without the prior written consent of the Company. The laws of Portugal shall govern the terms of this agreement and any disputes between the Parties. The Parties hereby attorn to the courts in the City of Lima. In the event that a provision in this agreement is determined to be invalid or unenforceable, the remaining provisions of this agreement shall be unaffected and shall remain in full force and effect.
12. Refunds
    Kelp Cowork do not offer refunds on any of its plans.