SPARK Business & Innovation Hub Casual User Application Form

By submitting SPARK Business & Innovation Hub – Casual User Application (‘application’), you agree to be bound by these terms and conditions.

These terms and conditions should be read in conjunction with other documents and information relating to the SPARK Business & Innovation Hub (‘hub’), including your application form and the information made available on Council’s website.

Submission of an application does not confirm your casual use of the hub.  You will be notified of the outcome of your application within 5 business days and your use of the hub will only be confirmed once Council has issued you with a confirmation notice and your hire fees have been paid. 

1. APPLICATIONS

   1. To be eligible to submit an application, you must be the owner of a business that has a current, active ABN.
   2. Your application will be assessed by Council officers and if you/your business is determined to be an appropriate user of the hub, subject to availability of a workspace, your application will be accepted.

    

2. USE OF THE HUB

   2.1 You may only use the hub for the approved purpose during the booking period only, and you must not use the hub for any other purpose or outside of the booking period.

   2.2 You must:

   a) behave in a manner that is professional, courteous and otherwise appropriate towards other users of the hub;

   b) comply with all Council policies including but not limited to Council’s Health and Safety Policy and Corporate Code of Conduct; and

   c) not conduct, or allow to be conducted, any activity at the hub which is dangerous, noxious, offensive, illegal, excessively noisy or objectionable.

   2.3 You acknowledge and agree that your use of the hub is not an exclusive use.

3. USE OF ITEMS AND EQUIPMENT

   3.1 Council will provide you with the items and equipment set out in your booking confirmation.  You must provide all other items and equipment you need during your booking period.

   3.2 All electrical equipment you intend to use must have a current test and tag certification in accordance with Australia Standard AS 3760.  Electrical equipment which has not been tested and tagged must not be used.

4. SAFETY

   4.1 Prior to, or at the beginning of the booking period, you must undergo an induction at the hub.

   4.2 You must, as soon as is reasonably possible in the circumstances, notify Council of any incident, accident, injury or damage that occurs during your use of the hub.

   4.3 You must not do or permit anything to be done at the hub which, in the opinion of Council, may be a risk to any person or property.

   4.4 You must not damage, remove or otherwise interfere with any part of the hub, or any fixtures, fittings, plant and equipment at the hub.  You are responsible for all costs associated with any such damage or loss.

5. CONCLUSION OF USE

   5.1 You must ensure that all persons attending the hub in connection with your booking leave in a quiet and orderly manner and do not unnecessarily disturb others, including other hub users.

   5.2 At the end of your booking period, you:

   a) must vacate the hub;

   b) must ensure that your workspace is left in a clean and tidy condition, and otherwise in the same state it was in prior to the start of the booking period;

   c) must remove all rubbish and any property brought into the hub in connection with your booking;

   d) acknowledge that any property not removed from the hub at the end of the booking period will be deemed to be abandoned and will be disposed of by Council acting reasonably in the circumstances; and

   e) agree that you are responsible for any costs incurred for the disposal of abandoned items.

   5.3 You acknowledge and agree that failure to comply with condition 5.2(a)-(c) may incur hire and/or cleaning fees as applicable.

   5.4 Where your booking is a recurring booking, you must vacate the hub in accordance with clause 5.2 between each booking period.

6. BOOKING CONFIRMATION

   Submission of an application does not constitute confirmation of a booking.  A booking is not confirmed until Council has issued you with a booking confirmation and all hire fees have been paid.

7. FEES AND PAYMENT

   7.1 Council will issue you with invoices for your hire fees and any additional fees incurred in accordance with these terms and conditions.  You must pay these fees within the time specified on the invoice.

   7.2 Except where these terms and conditions provide otherwise, you will not be entitled to any refund of payments made in respect of your booking.

8. INSURANCE

   8.1 Subject to the completion of any further documentation as required by Council, your use of the hub will be covered by Council’s public liability insurance policy.

   8.2 You acknowledge and agree that Council is not responsible for any loss or damage to any property or equipment belonging to you or any person attending the hub in connection with your booking.  Insurance for non-Council property is the responsibility of you and/or your attendees.

9. GENERAL

   You:

   9.1 are responsible for all costs associated with any emergency services attending the hub in circumstances that Council deems to be a non-emergency;

   9.2 must not exclude Council staff, its contractors or other users of the hub from the hub during the booking period;

   9.3 are responsible for the conduct and behaviour of all of your employees, agents, contractors and all persons attending the hub in connection with your booking, including with respect to compliance with these terms and conditions;

   9.4 must follow all directions of emergency services;

   9.5 must follow all directions of Council in relation to the booking and the use of the hub generally;

   9.6 must not sublease or licence the hub or any part thereof;

   9.7 must comply with all laws, rules and regulations applicable to the booking and use of the hub; and

   9.8 acknowledge that Council may change or amend these terms and conditions at any time, without prior notice.

10. RELEASE AND INDEMNITY

    10.1 You use and occupy the hub at your own risk and release Council from all claims resulting from any damage, loss, death or injury in connection with the hub.

    10.2 You indemnify and hold harmless Council against all claims resulting from any damage, loss, death or injury in connection with the hub and your use and occupation of the hub.

11. CANCELLATION

    11.1 You may only cancel or request an amendment to your booking in writing to spark@wyndham.vic.gov.au. 

    11.2 Notwithstanding any other provision of these terms and conditions, and regardless of whether a booking confirmation has been issued, Council expressly reserves the right to cancel your booking at any time or to refuse to allow any hire of the hub in circumstances where the hub is required for Council use, including as an emergency centre, where the hub is unsuitable for use, or where Council reasonably considers the proposed use will be detrimental to Council or a third party. Council may, acting in its entire discretion, provide you with a full or partial refund of monies paid.

    11.3 Council reserves the right to cancel your booking if Council reasonably believes you have not complied with these terms and conditions, including with respect to the payment of fees, or that you have submitted false, inaccurate, insufficient or misleading information in your application form or otherwise.

12. NO RELATIONSHIP

    Nothing in these terms and conditions or in the conduct of you and Council creates a relationship of agency, partnership, employer and employee or joint venture.

13. BREACH

    13.1 Any breach of these terms and conditions, including failure to provide the required information or documents or pay any amount due within the specified time may, at the option of Council, result in the cancellation of your booking or your further bookings not being accepted.

    13.2 You agree that if your booking is cancelled under clause 13.1, you will pay all outstanding hire amounts and will not be entitled to a refund of any payments already made.