In this Terms and Conditions, the following meanings apply unless the context requires otherwise:
“Deposit” means the sum equivalent to two (2) weeks’ Licence Fee as stipulated in Part D of the Subscription Form.
“Licence Fee” means the licence fee payable by the Licensee to the Licensor as more particularly specified in Part D of the Subscription Form.
“Licence Period” means the period for using the Workstation(s) as stipulated in Part E of the Subscription Form. The Licence Period means duration from 1 week up to 24 weeks for each application.
“Licensee” means the Applicant specified in Part D of the Subscription Form.
“Licensor” means Hong Kong Science and Technology Parks Corporation.
“Services” means access right to the Venue and the Workstation(s), internet access, office equipment, conference space and other office services as may be provided by the Licensor to the Licensee from time to time.
“Soft Landing Centre” means the building at the Hong Kong Science Park as described in Part D of the Subscription Form.
“Venue” means the unit at the Soft Landing Centre as more particularly specified in Part D of the Subscription Form where the Workstations are situated.
“Working Days” mean any days except Saturday, Sunday and Public Holidays.
“Workstation(s)” means the workstation(s) at the Venue as more particularly described in Part E of the Subscription Form.
IT IS HEREBY AGREED THAT:
- Subject to the Licensee’s upfront payment of the Licence Fee in the manner as set out in Clause 14 hereof and other monies (if any) payable by the Licensee in this Terms and Conditions, the Licensor hereby grants to the Licensee the non-exclusive right to use the Workstation(s) for lawful business purposes, and agrees to provide the Services to the Licensee during the Licence Period Provided that the Licensor does not warrant that the Services are suitable and sufficient for such purposes.
- The Licensee agrees to indemnify and hold the Licensor and its directors, officers, employees, contractors, agents, advisors or representatives harmless from all claims in connection with its use of the Workstation(s) and the Services. The Licensor is not liable for any loss as a result of its failure to provide the Services for whatever reason including but not limited to mechanical breakdown, strike, delay or negligence of the Licensor or its directors, officers, employees, contractors, agents, advisors or representatives .
- The Licensee shall be wholly responsible for any loss, damage or injury caused to any person whomsoever directly or indirectly through the act default or neglect of the Licensee and his servants agents workmen, employees, contractors, invitees, licensees or customers or any other persons authorized by the Licensee in the Workstation(s) and/or the Venue and shall make good the same by payment or otherwise and to indemnify the Licensor against all actions, proceedings, costs, claims and demands made upon the Licensor by any person in respect of any such loss, damage or injury and all costs and expenses incidental thereto.
- The Licensor shall not in any circumstances be liable to the Licensee or to any person whomsoever for any loss or damage to the Licensee’s property in the Workstation(s) and/or the Venue. The Licensee shall take out its own insurance policy in relation thereto as the Licensee may deem necessary.
- The Licensee shall be liable for any loss of or damage to the Workstation(s), the Venue, the furniture, fittings and the built-in rented equipment arising from the act, default, negligence, unintentional act or unauthorized maintenance of the Licensee and its representatives, employees, agents or invitees or due to any cause beyond the control of the Licensor. In the event of any loss of or damage to any such furniture, fittings or equipment for which the Licensee is liable under this Terms and Conditions, the Licensee shall pay and reimburse the Licensor in full the total cost of reinstating such furniture, fittings or equipment, and/or replacement of the same.
- The Licensee shall observe and follow the rules and regulation as stated in the user handbook governing the usage of IT Services in the Hong Kong Science Park currently in force.
- The Licensee’s activities carried out in the Workstation(s) and the Venue should comply with all the applicable laws of Hong Kong including but not limited to the labour legislation of Hong Kong such as Employment Ordinance (Cap 57), Employees’ Compensation Ordinance (Cap 282), Occupational Safety and Health Ordinance (Cap 509) and Minimum Wage Ordinance (Cap 608) and all insurance legislation of Hong Kong.
- The Licensee understands and acknowledges that the Venue is an open and collaborative environment. As a result, other users of the Venue and/or workstations therein may have sight of documents or overhear conversation of the Licensee and/or his servants agents workmen, employees, contractors, invitees, licensees or customers or any other persons authorized by the Licensee in the Workstation(s) and the Venue that may include private, confidential or non-public information. The Licensee shall be solely responsible for taking appropriate precautions as the Licensee may deem necessary to avoid leakage of any such private, confidential or non public information and in any event the Licensor shall not be liable for any loss or damage suffered or incurred by the Licensee in connection therewith.
- The Licensee shall not use the Services or any other facilities as may be provided by the Licensor for any illegal or immoral purpose.
- The Licensee shall be solely responsible and at its own costs and expenses for ensuring the compatibility of its personal computers with the audio-visual equipment of the Licensor.
- The Licensee shall not cause any nuisance or interruption within any part of the Soft Landing Centre.
- Smoking is absolutely prohibited inside the Soft Landing Centre, the corridors, the washrooms and the common areas thereof.
- In the event that the Licensee intends to continue to use the Workstation(s) upon expiration of the Licence Period, the Licensee is required to apply to the Licensor for such extension to the Licence Period in advance and not less than three (3) days before such expiration and in such event, the Licensor shall have the absolute discretion in determining whether such application for extension shall be approved either with or without variations and modifications of the terms and conditions of this Terms and Conditions as required by the Licensor including but not limited to the extended licence period and the licence fees payable for such extended licence period (which will be charged on weekly basis or in other manner as determined by the Licensor). Subject to the Licensor’s approval of the said extension and the said variations and modifications, this licence shall be extended on the same terms and conditions as stipulated herein.
- The Licensee shall pay the whole Licence Fee and the Deposit to the Licensor on or before hand over of the Workstation(s) by the Licensor to the Licensee. The Licensee shall make payment of the Licence Fee and the Deposit by way of credit cards which shall be VisaCard or MasterCard only and in Hong Kong Dollars. In respect of such payment of the Deposit, the Licensee understands and agrees that when the Licensee pays the Deposit via credit card, such credit card will not be immediately charged but an authorization in favour of the Licensor to utilize funds in such credit card up to the full amount of the Deposit upon demand by the Licensor will be obtained from the bank issuing such credit card. The Licensee hereby further understands and agrees that the Licensor shall have the right to charge the credit card up to the full amount of the Deposit for any loss or damages suffered or incurred by the Licensor as the direct or indirect result of any non-performance or non-observance by the Licensee of any of the agreements and obligations on its part contained herein, and that the Licensee shall not cancel such credit card and/or authorization until the Licensee has delivered up the Workstation(s) to the Licensor upon expiration of the Licence Period and after full settlement of the last outstanding claim by the Licensor against the Licensee hereunder, whichever is the later, or otherwise the Licensee shall pay the Deposit in full forthwith upon demand by the Licensor. The Licensee hereby agrees and acknowledges that the agreement by the Licensee herein not to cancel the said credit card and/or authorization shall include an obligation not to allow or suffer such cancellation to be done by the bank issuing the said credit card and/or another person.
- The Workstation(s) will be handed over to the Licensee in an as-is condition and upon expiration of the Licence Period, the Licensee shall deliver up the Workstation(s) in its original state and condition.
- 16. The Licensee shall not keep any dangerous goods and hazardous or firearms and ammunition in the Workstation(s) and the Venue. The Licensee shall observe and follow all the rules and regulation as stated in the SHE handbook.
- The Licensee is fully aware that the Venue has installed and shall be operated under closed-circuit television surveillance system and shall keep the Licensor indemnified from all liabilities, losses, damages, costs resulting from any claims.
- The Licensee is fully aware that the service in counter at Soft Landing Centre which generally assists with move-in and out logistics will not be available on non-Working Days. In case the Licence Period shall expire on a non-Working Day, the Licensee is fully aware and agree that (i) the Licensor may arrange the move-out logistics including but not limited to settlement of any service under Appendix B and/or any other outstanding payment in advance as the Licensor may require and the Licensee shall co-operate with the Licensor and comply with the Licensor’s directions in relation thereto; (ii) the Licensee shall return the key(s) and smart card(s) of the Workstation(s) by dropping the same in the drop box located at reception counter of Soft Landing Centre upon the expiry of the Licence Period however without prejudice to the Licensor’s right to claim against the Licensee for any loss or damaged items as given in Appendix B annexed hereto.
- The Licensee agrees and understand that the air-conditioning to the Workstation(s) will be available from 8:00 a.m. to 6:00 p.m. on weekdays and from 8:00 a.m. to 2:00 p.m. on Saturdays and no air-conditioning will be supplied to the Workstation(s) on Sundays and public holidays. The Licensee further agrees and understands that such hours of air-conditioning supply is subject to revision from time to time by the Licensor at its sole and absolute discretion with 3 months prior notice to the Licensee.
- This licence shall be governed by and construed in accordance with the laws of Hong Kong. The parties hereto hereby submit to the non exclusive jurisdiction of the Courts of Hong Kong.