Terms of Agreement
This Agreement is between the User and Rubberdesk and describes the nature of the relationship between the parties and their obligations.
Rubberdesk is an online marketplace platform, where businesses can share workspace, typically but not exclusively by the month.
Rubberdesk is a self-service platform, where Hosts list Space available to be licensed by Guests. Guests can locate Space looking to fulfil their needs. Hosts and Guests can discuss licensed use of the Space, and, complete their sharing objectives together. Rubberdesk operates the online marketplace and does not act as an agent of any User.
Listing on the Site is free.
The Fee Schedule in this Agreement describes how Rubberdesk is remunerated. All prices shown on the Site are inclusive of commissions and exclusive of tax and payment processing fees.
The Site and associated Services is operated by Rubberdesk Pty Ltd, a proprietary company with Australian Company Number 163 716 247.
Last updated 21st March 2019
- Booking: means the agreed licence of a Space between Host and Guest.
- Booking Amount: means the value paid by the Guest for licensed Space.
- Coworking Operators: professionally run coworking spaces or serviced offices as their primary business and have registered as such with Rubberdesk at the time of creating a Listing.
- Facilities: mean all services which are described in the Listing, as being available for use by the Guest.
- Fees: mean the Rubberdesk charges for use of the Service.
- Guest: means a Guest Referral who enters into a Licence Agreement for the Space with the Host.
- Guest Referral: means Guests, persons or corporations whose details Rubberdesk has sent to the Host by email and who Rubberdesk believes are interested in licensing Space from the Host.
- Host: means the Principal to the Agreement.
- Licence Agreement: means any agreement between Host and Guest in relation to the Space.
- Licence Rate: means the rate used to calculate the Booking Amount and shown on the Listing or provided to the Guest by the Host.
- Listing: means the description of the Space in the form of a webpage on the Site.
- Service: means all the functions performed by Rubberdesk as a platform to connect Hosts and Guests and facilitate the Booking of Spaces.
- Space: means the area to be licensed by the Host.
- Standard Booking Amount: means the Booking Amount without deductions, incentives, offers or rebates offered by the Host to the Guest for the licensed use of the Space.
- User: means anyone using the Site, Service or Space.
- We, Our & Us: mean Rubberdesk Pty Ltd.
- Website & Site: mean the website www.rubberdesk.com.au and alternative domain extensions to www.rubberdesk.
By email: firstname.lastname@example.org
By phone: +61 1300 433 757
Our registered address is:
Rubberdesk Pty Ltd
43A The Corso,
Manly, NSW, 2095
Acceptance of Agreement
This Membership Agreement (the Agreement) is accepted by the User when clicking the accept checkbox at login, sign up or by electronic signature (Accepted). The Agreement takes effect and is Accepted from when Accepted or when the Host first created a Listing on the Site, whichever is the earlier. By accepting the Agreement the User represents and warrants that:
- They have read the Agreement.
- They have the authority to enter into the Agreement.
Rubberdesk Obligations and Authorities
- Rubberdesk is directed by the Host to market the Space on the Site in line with the Site Terms and Conditions, as well as through affiliates appropriate for the purpose of licensing the Space.
- Rubberdesk will send by email suitable Guest Referrals to the Host for the purpose of licensing use of the Space.
- Rubberdesk will disclose all matters it is made aware of relevant to the Space and the licensing thereof.
- Rubberdesk makes no claim to the worthiness of the Guest Referrals or accuracy of Listings.
- Rubberdesk is authorised to deduct all fees outlined in the Fee Schedule of this Agreement from monies received from Guest or invoice the Host for any fees owed.
- Rubberdesk will issue tax invoices to the Host as necessary in respect to monies owed to Rubberdesk by the Host.
- Rubberdesk will issue remittance advice or recipient created tax invoices to the Host for all payments made to the Host.
- The Host is solely responsible for maintaining the Space in safe condition and in compliance with all applicable laws, regulations and ordinances and any applicable building requirements.
- The Host is solely responsible for ensuring that the Space is clean and ready to use at the start of each reservation period.
- The Host confirms that all Facilities described in the Listing are available as described and you are solely responsible for ensuring that the Listing is accurate and up to date.
- The Host is solely responsible for ensuring that the Booking of the Space through the Service does not violate any lease, licence or other agreements relating to the Space.
- When a Booking of the Space is accepted, the Host will ensure that the Space is available to the Guest on the date of the Booking. In the event the Space is not available to the Guest on that date, the Host shall make available to the Guest another Space in the same building of equal or larger size and similar configuration for the same monies.
- The Host is responsible for payment of all fees due in regards to successful Bookings made and as described in the Fee Schedule to Rubberdesk.
- The Guest is responsible for payment of the Booking Amount due in relation to the Licence Agreement ahead of commencement of each rental period.
- The User will notify Rubberdesk by email of any change to the User's email address for the purpose of communication between the two parties.
- The Host will respond promptly to Guest Referrals.
- In the event the Host receives a written Guest Referral from a source before the Guest Referral from Rubberdesk, the Host has a period of 4 business hours to reject the Guest Referral from Rubberdesk. Upon request the Host will provide details of the reason for rejecting the Guest Referral.
- After 4 business hours if not rejected, the Guest Referral is deemed accepted by the Host and Fees liable by the Host to Rubberdesk as per the Fee Schedule contained in this Agreement.
- The User is solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information, and the Host shall keep complete and accurate records regarding Space usage and payment by Guests.
Licence Agreement to use Space
- When a Space is booked through Rubberdesk, at the discretion of the Host, the Rubberdesk Standard Short Form Licence Agreement (The Licence) between the Host and Guest may be used.
- A copy of the Licence is available upon written request.
- It is at the discretion of the Host as to use of the Licence, noting that the Host may use an amended version of the Licence as no one standard agreement can cover all circumstances.
- We strongly encourage and recommend Users to consider independent legal advice before using or entering into any legal arrangement (including use of the Licence), as well as considering in full the particular circumstances of their proposed Space sharing.
- Rubberdesk accepts no liability or responsibility as to the use of the Licence (as is or amended) by either a Host or a Guest.
Listing of Space
- There is no charge or fee associated with a Host listing their Space on the Site.
- The Host is responsible for ensuring the accuracy of the details included in the Listing on the Site, including the description of the Space, availability, the facilities available and the Licence Rate.
- The Host may request Rubberdesk make changes to the Listing, but this does not abdicate the Host responsibility to ensure the Listings are fair, accurate and up to date.
- The Host is solely responsible for establishing the Licence Rate of Space through the Site.
- Changes to the Licence Rate for Bookings already made will not affect the amount billed during the term of the booking, but will only affect new Bookings.
- Rubberdesk offers the Service, and you understand and agree that We do not act as an insurer or as a real estate agent.
- A Guest uses a Hosts Space and any agreement entered into between the parties is between Host and Guest. Rubberdesk is not a party to that agreement; even if that agreement uses Rubberdesk's Standard Short Form License Agreement.
- By prior written agreement, monies paid by the Guest to Licence the Space may be paid directly to the Host. In such cases when the Host receives payment for licensed use of the Space from a Guest Referral:
- The Host will notify Rubberdesk within two business days of entering into an agreement to licence space to any accepted Guest Referrals, regardless of how long previously the referral was made.
- The Host is liable to pay Rubberdesk for the fees liable as outlined in the Fee Schedule in this Agreement, unless other terms agreed by email by Rubberdesk before commencement of such agreement.
- Rubberdesk will provide a tax invoice to the Host, and the Host will pay the amount owed within fourteen business days.
- Where Rubberdesk is instructed to receive Guest payment for an Accepted Booking:
- Rubberdesk will pay the Host up to the value of one month's Booking Amount less Fees, within one week of the first day of occupancy of each rental period for which the Booking Amount was collected.
- Rubberdesk reserves the right to withhold payment to the Host account of any amounts otherwise due as a result of a breach of this Agreement and pending our reasonable investigation of such breach.
- Rubberdesk may withhold or deduct from amounts to be paid to the Host any charges or fees that are disputed or otherwise not paid by a Guest or a credit card company or other payment provider.
- The Host is responsible for any sales or value-added taxes or charges imposed by any government entity in connection with the use of the Service.
- Any bank fees arising from any error or omission in the Host's payment information or contact information may be deducted from Host payments.
Additional Representations and Warranties
- Any Space offered by the Host hereunder is free of any known conditions or defects that would pose a hazard to or risk the safety of any Guest.
- The Host has sufficient rights in and to the Space to participate in the Service as a Host, including any applicable permits.
- The Host is responsible for maintaining its own insurance in respect of any potential loss, damage, expense or liability.
- The Guest is responsible for maintaining its own insurance in respect of its own property which it brings in to the Space and for its own liability to its employees and to third parties.
- The Host's participation in the Service will not violate or result in the breach of any agreement between the Host or Rubberdesk and any third party.
- The User hereby unconditionally releases Rubberdesk from any loss, liability, claim, demand, damage, costs and expenses, including reasonable legal fees, which the User now has or has ever had against Rubberdesk relating in any way to your use of the Service.
- The User acknowledges that Rubberdesk is a self-service online platform, and that Rubberdesk makes no representation to the Guests, Hosts or Spaces on the Site.
- The User releases Rubberdesk, its officers and employees, from all actions, claims, costs, damages, demands, expenses and losses arising out of the Agreement in respect to:
- Any User's failure to comply with the Agreement;
- Any User's failure to comply with their obligations under the relevant Licence Agreement;
- Any User's failure to comply with any applicable act, law or legislation.
- Damage of property by any User;
- Personal injury or death of any person.
- Either party may terminate this Agreement at any time by written notice to the other party.
- Termination shall be without prejudice to either party's rights under this Agreement.
- Upon termination of this Agreement, all monies owing under this Agreement must be paid within five Business Days.
Rubberdesk Fee Schedule
- All Licence Rates shown on the Site are inclusive of Rubberdesk Fees.
- Rubberdesk is entitled to Fees for providing the Service and remuneration for Fees and Expenses as set out in the Fee Schedule.
- Rubberdesk is entitled to Fees described here should a Space be licensed by the Host to a Guest Referral that was accepted before the termination of the Agreement.
- Rubberdesk is entitled to Fees from the Host if a Guest Referral licenses additional Space from the Host within twelve months of the initial Booking.
- Unless otherwise stated, all Fees and monies payable for Services provided by Rubberdesk are exclusive of local sales taxes.
The Fee Type applicable to a Booking is based on the nature and duration of the Booking.
For any Booking, Rubberdesk Fees are deducted from the Licence Rate paid by the Guest, either in the form of One-Off Fees (One-Off Fee) or Recurring Fees (Recurring Fees).
- A One-Off Fee is the one month Standard Booking Amount for the Space that is Licensed by the Host.
- The Host may choose Fees to be One-Off at the time of entering into a licensing agreement with a Guest Referral.
- The One-Off Fee is payable to Rubberdesk at the time of commencement of the Booking, or when switching to a One-Off Fee from a Recurring Fee.
- Recurring Fees of 10% of the Booking Amount for each rental period are applicable to:
- All Bookings where One-Off Fees are not applied.
- Duration of Recurring Fees
- For Hosts designated as Coworking Operators before commencement of the Booking, the Rubberdesk Fees are owed for the duration of one year from commencement of the Booking.
- For Hosts not designated as Coworking Operartors, Recurring Fees are owed for the entire duration the Referred Guest rents space with the Host.
- Hosts may switch from Recurring Fees to One-Off Fees at any time by giving notice to Rubberdesk in writing.
Copyright of The Rubberdesk Membership Agreement in all versions (including content and design) is owned by Rubberdesk Pty Ltd (Rubberdesk) March 2019