These are the House Rules for Circo Enterprises, LLC (“Circo”) and the Enterprise Center.  The House Rules may change from time to time.

 

Accommodation

  1. Upon move in: We may ask you to sign an inventory of all accommodation, furniture and equipment you are permitted to use, together with a note of its condition, and details of the keys or entry cards issued to you.
  2. You may not put up any signs on the doors of your accommodation or anywhere else that is visible from outside the rooms you are using without written approval from the manager of the Enterprise Center. Any reasonable signage will be permitted. .
  3. Taking care of our property: You must take good care of all parts of the Enterprise Center, its equipment, fittings and furnishings that you use.  You must not alter any part of
  4. Keys and security: Any keys or entry cards which we let you use remain our property at all times. You must not make any copies of the keys  and/or entry cards or allow anyone else to use them without our consen  Any loss must be reported to us immediately and you must pay a reasonable fee for replacement keys or cards and of changing locks, if required.  This rule improves security levels of the Enterprise Center.  If you are permitted to use the Enterprise Center outside normal working hours it is your responsibility to lock the doors to your accommodation and to the Enterprise Center when you leave.  This is to ensure the safety of individuals and property at the Enterprise Center.

Use

  1. You shall not leave open any corridor doors, exit doors or door connecting corridors during or after Enterprise hours. All corridors, halls, elevators and stairways shall not be obstructed by you or used for any purpose other than egress and ingress. You can only use public areas with the consent of the Enterprise Center and those areas must be kept neat and attractive at all times.
  2. Your name and address: At your request and cost we are happy to include that name in the house directory at the Enterprise Center, where this facility is available.  You may not use the Enterprise Center as your registered address for service-of-process.
  3. Your phone number: You agree that the phone number(s) assigned to you are for your use during the term of your agreement.  The phone numbers remain the property of the Enterprise Center and you have no contractual or vested interests in the present telephone service, telephone system, or telephone numbers provided by the Enterprise Center.  If you choose to have the phone number listed in the local 411 or directory assistance, you authorize the Enterprise Center to procure and arrange this listing for you and you agree to pay any fees for such listing.  You agree not to list the phone number in any “white or yellow” pages.
  4. You and your employees and guests shall conduct yourselves in a businesslike manner; the noise level will be kept to a level so as not to interfere with or annoy other clients and You will abide by Enterprise Center directives regarding security, keys, parking and other such matters common to all occupants. No part of the office or Enterprise Center may be used for overnight accommodation.
  5. You shall not, without prior written consent, store or operate in the workstation(s) or the Enterprise Center offices any computer (excepting a personal computer) or any other large business machine, reproduction equipment, heating equipment, stove, radio, stereo equipment or other mechanical amplification equipment, vending or coin operated machine, refrigerator or coffee equipment.   Additionally, you must not conduct a mechanical business therein, do any cooking therein, or use or allow to be used in the building, oil burning fluids, gasoline, kerosene for heating, warming or lighting. No article deemed hazardous on account of fire or any explosives shall be brought into the Enterprise Center. No offensive gases, odors or liquids shall be permitted. No weapons, concealed or otherwise, shall be permitted . The Enterprise Center is intended to be used solely for office use.
  6. The electrical current shall be used for ordinary lighting, powering personal computers and small appliances only unless written permission to do otherwise shall first have been obtained from Enterprise Center at an agreed cost to You. If You require any special installation or wiring for electrical use, telephone equipment or otherwise, such wiring shall be done at Your expense by the personnel designated by Enterprise Center.
  7. You may not conduct business in the hallways, reception area or any other area except in its designated office without the prior written consent of Enterprise Center.
  8. You shall bring no animals into the Building other than certified assistance animals which are being used solely for the purposes of such certification .
  9. Kitchen Amenities / Beverage Fee allows clients and visitors access to self-service coffee and tea. This fee is mandatory and will be charged per office occupan
  10. You shall not use the Enterprise Center for manufacturing or storage of merchandise except as such storage may be incidental to general office purposes. Client shall not occupy or permit any portion of the Enterprise Center to be occupied or used for the manufacture, sale, gift or use of liquor, narcotics or tobacco in any form.
  11. No additional locks or bolts of any kind shall be placed upon any of the doors or windows of the Enterprise Center by You nor shall any changes be made to existing locks or the mechanisms.
  12. Canvassing, soliciting and peddling in the Enterprise Center are prohibited and You shall not solicit other clients for any business or other purpose without the prior written approval of the the Enterprise Center.
  13. All property belonging to You or any employee, agent or invitee shall be at the risk of such person only and the Enterprise Center shall not be liable for damages thereto or for theft or misappropriation thereof.
  14. Smoking shall be prohibited in all public areas, including conference and training rooms. No smoking shall be permitted at any time in any area of the Enterprise Center (including open offices).
  15. You or Your officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers, or invitees shall be prohibited from participating in any type of harassing or abusive behavior to Enterprise Center team members, other clients or invitees, verbal or physical in the Enterprise Center for any reason.

 

Services and Obligations

  1. Furnished office accommodation: With the exception of standard artwork, pictures, and whiteboards, you shall not affix anything to the windows, walls or any other part of the office or the Enterprise Center or make alterations or additions to the office or the Enterprise Center without the prior written consent of Enterprise Center.
  2. Office Services: We are happy to discuss special arrangements for the use of the facilities outside our normal opening hours or normal working days. There may be an additional charge for such special arrangements. This can be discussed at the time of arrangement
  3. All of the pay-as-you-use services are subject to the availability of our Enterprise Center staff at the time of any service request.  We will endeavor to deal with a service request at the earliest opportunity and provide the additional service you require, but will not be held responsible for any delay.
  4. If in our opinion, we decide that a request for any pay-as-you-use service is excessive, we reserve the right to charge an additional fee at our usual published rates based on the time taken to complete the service. This will be discussed and agreed between us at the time you make such request.

 

Your Agreement

  1. Nature of your agreement: We may transfer the benefit of your agreement and our obligations under it at any time. This clause reflects the fact that you are taking a serviced office agreement and not a lease and that we retain overall control of the Enterprise Center.  You have no real-property interest of any kind in the Building.  If your company does merge with another or you need to allow an affiliate to use the services provided under  your agreement, please come to us and explain the need for any change to us and we will give careful consideration in each case.  Of course we do need to make sure we know and are happy with the identity of each occupant of our Enterprise Center.
  2. Company Name Change: If there is a need to change the name of your company, requests must be made in writing and addressed to the Enterprise Center Manager. Please note that these requests should be accompanied by the appropriate supporting paperwork and will be processed 60 days from the beginning of the next calendar month.  Failure to provide paperwork supporting the name change will delay processing.  Any invoices prior will be in the prior company name and can not be changed.
  3. Data Protection: You agree that we may process, disclose or transfer any personal data which we hold on or in relation to you provided that in doing so we take such steps as we consider reasonable to ensure that it is used only
    • to fulfill our obligations under your agreement;
    • for work assessment and fraud prevention; or
    • to make available information about new or beneficial products and services offered by us and other organizations which we consider may be of interest to you.
  4. For all agreements with a term greater than 12 months the indexation applied of the All Items Retail Prices Index + 2% will be substituted by CPI or 4% whichever is the greater.
  5. Enterprise Center shall have the right to terminate the Agreement immediately if Client is or becomes (i) identified on the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) or on any similar list (collectively, the “List”), or (ii) a person, entity, or government with whom a citizen of the United States is prohibited from engaging in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United  States.

Your liability for services: You agree that you are liable for all fees and any other amounts for which services are requested or rendered regardless of whether a payment made by any particular medium is declined or rejected in whole or in part.  If requested by us, you agree to immediately pay by an alternate form of payment that we accept.

  1. Your credit card authorization form: You agree that if you elect to pay fees and any other amounts owed to us by credit card, you will immediately sign our standard credit card authorization form which authorizes us to charge you for amounts owed to us. If applicable, you also agree to sign an authorization form which notes the specific dollar amount that you owe us.  You agree that at any time either form is presented to you, you will immediately sign it.

 

Fees

  1. Standard services: The standard fee and any fixed, recurring services requested by you are payable in advance, by the 1st day (or such other day as we designate) of each month following the date you receive your b  An activation fee (equivalent to the monthly rate for that service) will be billed upon service activation for applicable telecom and internet services. Where a daily rate applies, the charge for any such month will be 30 times the standard fee.  For a period of less than a month the standard fee will be applied on a daily basis. If a Customer has a need to cancel a recurring service they may request this at any time up to the notification due date of the agreement. The cancellation will be applied from the first day of the renewal start.
  2. Pay-as-you-use Services: Fees for pay-as-you-use services, plus applicable taxes, are invoiced in arrears and payable on the 1st day (or

such other day as we designate) of the month following the calendar month in which the additional services were provided. For your convenience, the Services Price Guide, which may change from time to time, lists many commonly requested services and their costs. If you require a service not shown in the Services Price Guide, such as postage, shipping labels, or courier or overnight delivery services, please ask an Enterprise Center team member for the cost as it may include a convenience and administrative fee.  Additional services are subject to the availability of Enterprise Center staff  to accommodate such requests at the time each such request is made.

  1. Office Set up Fee: An office set up fee of $75.oo will be charged per occupant
  2. Office Restoration Service Fee: A fee of $75.00 per occupant will be charged upon your departure or if you, at your option, choose to relocate to different rooms within the Center.  Enterprise Center will charge this fee to cover normal cleaning and testing and to return each office to its original state. We reserve the right to charge additional reasonable fees for any repairs needed that are considered excessive in our opinion.
  3. Late Payment Fee: If you do not pay fees when due, a penalty of 16%, or the maximum amount permitted by law,  will be charged on all overdue balances.   If you dispute any part of an invoice you must pay the amount not in dispute by the due date or be subject to late fees. We also reserve the right to withhold services (including for the avoidance of doubt, denying you access to your accommodation) while there are any outstanding fees and interest or you are in breach of your agreement.
  4. Insufficient Funds Fee: You will pay a fee of $50 or the maximum amount permitted by law for checks returned due to insufficient funds.  Any other declined payment due to insufficient funds will be charged a fee of $50.
  5. Retainer Maintenance Fee: Any retainers not claimed after 120 days will be charged a monthly $25 account maintenance fee.

 

Liability

  1. Mail: You release us from any liability arising out of or incurred in connection with any mail or packages received on your beha
  2. Force majeure: Enterprise Center shall not be held liable to you under this Agreement if it is prevented from, or delayed in, performing its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation): strikes; failure of a utility service or transport network; act of God, war, riot, civil commotion or malicious damage; disease or quarantine restrictions in compliance with any law or governmental order, rule, regulation or direction; accident, fire, flood or storm; or default of suppliers or subcontractors. Enterprise Center’s obligation to perform its obligations shall be suspended during the period required to remove such force majeure even  Enterprise Center shall notify you as soon as reasonably possible of the force majeure event and propose a suitable alternative accommodation (if any).

 

IT and Technology Policy

  1. INTRODUCTION

The Enterprise Center is considered a DSP (downstream service provider), which means the Enterprise Center provides a personalized managed connection to the Internet.

Description for IT Service at the Enterprise Center:

The Enterprise Center provides clients with an Internet connection designed for email, web browsing, and the occasional upload/download of data.  This service is a Shared Bandwidth service with other individual Enterprise Center clients within the same building.  The service does not provide clients with the following capability:

  • The ability to run “site to site” VPN connections.
  • The ability to run VoIP based telephony services.
  • The ability to run any Bandwidth intensive applications or Web accessible server based solutions (e.g. an FTP, Mail, or Web server).

No representation or warranty of any kind is made by the Enterprise Center as to specific standards or compliance with security or data-protection levels. Likewise, any warranty relative to performance of spam filters is expressly disclaimed.

  • The Enterprise Center Internet and Telecommunications Policy
    • Content.   Clients acknowledge that Enterprise Center does not monitor the content of information transmitted through Enterprise Center’s telecommunications lines or equipment, which includes, but is not limited to, Internet access, telephone, fax lines and data lines (“Telecommunications Lines”). Client further acknowledges that Enterprise Center is merely providing a conduit for Client’s Internet transmissions, similar to a telephone company, and that Enterprise Center accepts no liability for the content of transmissions by its clients.
    • Restrictions. The Enterprise Center’s Internet access may be used only for lawful purposes and shall not be used in connection with any criminal or civil violations of state, federal, or international laws, regulations, or other government requirements. Such violations include without limitation theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; violation of export control laws or regulations; libel or defamation; threats of physical harm or harassment; or any conduct that constitutes a criminal offence or gives rise to civil liability. Clients are responsible for maintaining the basic security and virus protection of their systems to prevent their use by others in a manner that violates this Agreemen Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse
    • Per User Basis. Enterprise Center grants client access to the Internet and technology services on a per user access basis. In the event of a client increasing the number of users by utilizing a proxy server or by other means, Client agrees to pay the Enterprise Center a fee for each user which accesses Enterprise Center’s Internet and technology services, either directly or through a proxy server.
    • Unauthorized Access. In no event may a client increase its authorized access points to the Telecommunications/Data lines and equipment by means of wire splitting or any other method including unsecured wireless devices. In the event of a client breaching paragraph 1.3 (Access User Basis), above, or this paragraph, Enterprise Center may disconnect all of a client’s access to the Telecommunications/Data lines upon three (3) business days prior written notice to the clien The client shall pay all Enterprise Center fees for any unauthorized Telecommunications/Data Lines use upon invoice from Enterprise Center. Enterprise Center shall have no obligation to reconnect the client to the Telecommunications/Data Lines until such fees have been paid in full and the client has ceased to make unauthorized access.
    • Client Installed Telecommunications Lines. It is part of the Enterprise Center model to provide Telecommunications Lines and equipment to its clients. Clients may not bypass the use of the Enterprise Center Telecommunications Lines and equipment by installing its own direct Telecommunications Lines. On a case by case basis and at Enterprise Center’s sole discretion. Enterprise Center may grant client authorization to install direct Telecommunications Lines upon written request by the clien This permission will only be granted upon execution of an Agreement by Client, which may, without limitation, require Client to make a monthly payment of a direct access fee as set by Enterprise Center which will be equal to the monthly fee for Telecommunications Lines, Internet, and other technology services.
    • Security Violations. Clients are prohibited from engaging in any violations of system or network security. Internet access may not be used in connection with attempts – whether or not successful – to violate the security of a network, service, or other system. Examples of prohibited activities include, without limitation hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software. Enterprise Center reserves the right to suspend Internet access upon notification from a recognized Internet authority or ISP regarding such abuse. We may disconnect your equipment and withhold services if we consider that your hardware or software is, or has become, inappropriate for connection to our network or otherwise violates these Rules.
    • Clients are responsible for their own virus protection on their systems and hardware and are expected to keep the AV software current with the latest virus definition files.
    • Clients must not create any links between our network and any other network or any telecommunications service without our consen
    • Enterprise Center requests that all clients will provide, as and when requested by us, documentation and personnel information as we may reasonably require to assist in the provision of the services.
    • Revisions to this Policy.  Enterprise Center may modify this Policy at any time, with or without notice.
    • Special Requirements – Clients using their own wireless access points require written approval from Enterprise Center, prior to implementation and is only an option in locations where Enterprise Center does not currently offer Wireless Service. When Enterprise Center deploys Wireless services, the Client Wireless solution will need to be removed fully as to not interfere with Enterprise Center’s WiFi solution. Wireless accounts on the Enterprise Center WiFi solution will be made available to users of the Client who are authorized. The use of a client’s own wireless router will result in a service charge based upon the total number of contracted work stations in a clients designated office space.
    • Outside Video conferencing services are not allowed at the Enterprise Center without written permission from the Enterprise Center.
    • DISCLAIMER OF LIABILITY FOR THIRD PARTY PRODUCTS – As part of its services to Client, Enterprise Center may provide third party Internet access and computer hardware and software (“Third Party Services”). ENTERPRISE CENTER DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD PARTY SERVIC CLIENT ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY ENTERPRISE CENTER AS TO THE FITNESS OF THE THIRD PARTY SERVICES FOR CLIENT’S INTENDED PURPOSE.
    • DISCLAIMER OF LIABILITY FOR CLIENT EQUIPMENT – ALL CLIENT EQUIPMENT STORED IN THE ENTERPRISE CENTER TELECOMMUNICATIONS ROOM IS STORED AT CLIENT’S OWN R ENTEPRISE CENTER DISCLAIMS ANY AND ALL LIABILITY FOR SUCH EQUIPMENT AND SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE TO SUCH EQUIPMENT.
    • DISCLAIMER OF CONSEQUENTIAL DAMAGES FROM LOSS OF SERVICE – Enterprise Center does not provide any service level agreement to our clients in regard to provision or loss of service for its Telecommunication or Internet services. Enterprise Center shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out or resulting from any loss of service or degradation of connectivity / access to the Internet with this Agreement, even if the other party has been advised of the possibility of such damages. The foregoing shall apply, to the fullest extent permitted by law, regardless of the negligence or other fault of either party.
    • DISCLAIMER OF CONSEQUENTIAL DAMAGES – Enterprise Center shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out or resulting from this Agreement even if the other party has been advised of the possibility of such damages. The foregoing shall apply, to the fullest extent permitted by law, regardless of the negligence or other fault of either party.