Terms and conditions
General Terms and Conditions
Capsity Member Agreement
Agreement -The services Capsity Coworking provides to you, the Member, are subject to the terms of this Community Member Terms and Conditions “Agreement”) as included herein. Capsity Coworking reserves the right to append and update this Agreement at any time without prior notice to you.
Description of Services - The following services are at all times subject to the terms of this Agreement: which includes space and/or services at 3810 Broadway, Sacramento CA 95817. Such space and services include but not limited to Private Offices, Workstations, Dedicated Desks, Locker Rooms, Mailboxes, Internet Access, Office Equipment, Conference Spaces, Knowledge Resources, Mail Services, Communication Services, Beverage Dispensers, Technology Support, and other business related services as Capsity Coworking that may be provided from time to time. Use - Members shall use and occupy the premises for: GENERAL OFFICE SPACE AND APPOINTMENTS. The premises shall be used for no other purpose. Capsity Coworking represents that the premises may lawfully be used for such purpose. Notwithstanding the foregoing, Members shall not use any Capsity Coworking services for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. Anything that requires certifications must be disclosed and properly displayed and updated. No Unlawful or Prohibited Use - As a condition of your use of the services, you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any Capsity Coworking servers, or the network(s) connected to any Capsity Coworking servers, or interfere with any other party’s use and enjoyment of any services. You may not attempt to gain unauthorized access to any services, or accounts, computer systems or networks connected to any Capsity Coworking, Coworking servers or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this agreement and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
Care, Maintenance, and Repairs - Member acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Capsity Coworking is responsible for all types of care, maintenance and repair unless damage is caused by member or member’s employees, agents, clients, customers, invitees, and/or guests.
Alterations and Improvements - Members shall not make any alterations or improvements to the Building or structure. Members do have the option to make alterations or improvements to shared workspace to customize private space. Any proposed alterations to premises must be approved in advance by Capsity Coworking.
Use of Services - You agree that when participating in or using the services, you will not: Use the services in connection with contests, pyramid schemes, chain letters, junk email, spamming, any duplicative or unsolicited message (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Capsity Coworking servers; Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; Restrict or inhibit any other user from using and enjoying the services; Violate any code of conduct of other guidelines which may be applicable for any particular Service; Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; Violate any applicable laws or regulations; and/or Create a false identity for the purpose of misleading others.
Monthly Rate, Security Deposit, and Late Fee - Monthly Rate will be based on your choice of plan. All plans are set-up to be month-to-month and can be changed on your account. Unless otherwise agreed upon with a supplemental agreement or special arrangement. Security Deposit: Will be required for any private office(s), in the amount of 1 month Late Fee: If your payment is more than 15 days past due, a late fee of $25 will be assessed.
Payment Options and Additional Rules - Capsity coworking uses electronic processing services such as authorize .NET and verified professional merchant services to process all crest card payments. Capsity Coworking will never store your financial information in physical form or digital form. Members agree to have a VALID credit card always on their account. Any changes in community plan rate or private office rate (including termination or request for change in services) for the upcoming month must be submitted by written notice no less than 15 days prior to the 1st day of the upcoming month; otherwise the community member is responsible for the invoiced amount. In the event of a chargeback on any credit card transactions, Capsity Coworking will include a $25 fee to a member to repay the cost. Required Disclosures - Capsity Inc. will never release your private information to third party entities without your permission. However, if a verified governmental entity or legal organization makes a formal request for your information, Capsity Inc., will notify you of any required disclosures per formal request. Capsity Coworking reserves the right at all times to disclose any information about you if requested by government or legal representation. Your participation in and use of the services at Capsity Coworking deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Capsity Inc., sole discretion.
Confidentiality - You acknowledge and agree that during your participation in and use of the services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Capsity Coworking or any participant or user of the services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, knowhow, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Capsity Coworking, any analyses, compilations, studies or other documents prepared by Capsity Coworking or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the services obligates you to - Maintain all Confidential Information in strict confidence; not to disclose Confidential Information to any third parties; not to use the Confidential Information in any way directly or indirectly detrimental to Capsity Coworking or any participant or user of the services. All Confidential Information remains the sole and exclusive property of Capsity Coworking or the respective disclosing party. You acknowledge and agree that nothing in this agreement or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Capsity Coworking or any participant or user of the services.
Participation In or Use of Services - You acknowledge that you are participating in or using the services at your own free will and decision. You acknowledge that Capsity Coworking does not have any liability with respect to your access, participation in, use of the services, or any loss of information resulting from such participation or use. Moreover, you cannot assign this agreement without the prior written consent of Capsity Coworking
Disclaimer of Warranties - To the maximum extent permitted by applicable law, Capsity Coworking provides the services “AS IS” and not as a lease of real property with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose,lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, and correspondence to the description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
Exclusion of Incidental, Consequential and Certain Other Damages - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAPSITY COWORKING OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY AND INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF 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 PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CAPSITY COWORKING, AND EVEN IF CAPSITY COWORKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability and Remedies - NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE, ACTS OF GOD, AND ALL DIRECT OR GENERAL DAMAGES), example (pandemics, fires, floods, water damage, robberies, digital damages, etc) THE ENTIRE LIABILITY OF CAPSITY COWORKING OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO TEN DOLLARS (USD $10.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8 AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Termination - Capsity Coworking reserves the right to terminate this agreement at any time. Capsity Coworking further reserves the right to terminate your participation in and use of any services, immediately and without notice, if you fail to comply with the agreement or misuse your membership or do not pay your fees when they are due. Moreover, you absolutely acknowledge and agree that this total agreement shall not and will never constitute a landlord/tenant relationship. Capsity Coworking requires a minimum 30-day notice if you choose to Terminate your membership. You will be responsible for any prorated costs.
Guest and Child Policy- If member’s have any guests coming to Capsity Coworking they agree to take full-responsibility for the guests behavior and access to the space. Guests must remain with the member either in their dedicated office space or with the member. Children are allowed in the space but must remain with the member at all times. Please ensure that no child is wandering the premises without an accompanied member. Noise and disturbances will be the responsibility of the member. Guests must sign in at the reception door. Indemnification - You release, and hereby agree to indemnify, defend and hold harmless Capsity Coworking and Capsity Coworking’ subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Capsity Coworking or its respective officers and agents in connection with the defense of such claim or lawsuit.
Insurance - If the premises or any other part of the building is damaged by fire or other casualty resulting from any act or negligence of member or any of member's employees, agents, clients, customers, invitees, and/or guests, fees shall not be diminished or abated while such damages are under repair, and member shall be responsible for the costs of repair not covered by insurance. Member agrees to have all liability and business insurance needs prior to conducting business required by law to operate Member’s business conducted independently from any existing policy owned by Capsity Coworking and/or Capsity Inc., Capsity Coworking agrees to carry Liability and Business Personal Property Insurance at 3810 Broadway, Sacramento, CA 95817. You agree that Capsity Coworking’s Insurance Policies do not extend coverage to Member’s personal or business property that you bring to Capsity Coworking nor the business or personal property of Member’s employees, agents, clients, customers, invitees, and/or guests.
Damage and Destruction - Subject to Section: Insurance, subsection a. above, if any of the described services or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Member's purposes, then Member shall have the right within ninety (90) days following damage to elect by notice to Capsity Coworking to terminate this Terms of Service as of the date of such damage. In the event of minor damage to any part of the Member’s workspace, and if such damage does not render the Description of Services unusable for the Member's purposes, Capsity Coworking shall promptly repair such damage at the cost of the Capsity Coworking. In making the repairs called for in this paragraph, Capsity Coworking shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Capsity Coworking. Member shall be relieved from paying fees and other charges during any portion of the Monthly Rate that the Agreed upon Workspace are inoperable or unfit for occupancy, or use, in whole or in part, for Member's purposes. Fees and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Member. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Member's reasonable control and which renders the use of the Member;s workspace, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Member's purposes.
Parking - During use of services members will not have any reserved parking spaces. If a member requires more than two (2) hours duration parking stay at any one time, arrangements may be agreed with prior approval from Capsity Coworking. Capsity Coworking will not be liable for any parking tickets incurred while using our services and/or space
Default - If default shall at any time be made by member in the payment of fees when due to Capsity Coworking as herein provided, and if said default shall continue for thirty (30) days after written notice thereof shall have been given to member by Capsity Coworking, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Client, and such default shall continue for thirty (30) days after notice thereof in writing to member by Capsity Coworking without correction thereof then having been commenced and thereafter diligently prosecuted, Capsity Coworking may declare the terms of this Agreement ended and terminated by giving Member written notice of such intention. If possession of Services including: Private Office(s), Workstation(s), Dedicated Desk(s), Locker Room(s), Mailbox(es), Internet Access, Office Equipment, Conference Space(s), Knowledge Resources, Mail Services, Communication Services, Beverage Dispensers, Technology Support, and/or other business services are not surrendered, Capsity Coworking may (re)enter/reposses said Workstation(s), Dedicated Desk(s), Locker Room(s), Mailbox(s), Conference Space(s), and/or any digital application and/or services. Capsity Coworking shall have, in addition to the remedy above provided, any other right or remedy available to Capsity Coworking on account of any Member default, either in law or equity. Capsity Coworking shall use reasonable efforts to mitigate its damages.
Termination - Capsity Coworking agrees to provide a minimum 30-day notice prior to terminating member services. Capsity Coworking may terminate member services for non-payment of services agreed upon, violation of Building Rules, or violation of Community Partner Agreement Terms. Member agrees to provide a 15-day notice to Capsity Coworking to request a termination of services during a month-to-month term. Either party may request an Early Termination of Description of Services in this Agreement if both agree that scope of services provided is not beneficial to all parties. Members will be responsible for all payments up to the final date of move out.
Performance - If there is a default with respect to any of Capsity Coworking's covenants, warranties or representations under this agreement, and if the default continues more than fifteen (15) days after notice in writing from member to Capsity Coworking specifying the default, member may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of services payable hereunder until member shall have been fully reimbursed for such expenditures. If this agreement terminates prior to members receiving full reimbursement, Capsity Coworking shall pay the unreimbursed balance.
Compliance with Law - Member shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Member's use of the Workspace. Capsity Coworking shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting these services, workspace, and/or premises.
Building Rules - Members will comply with Building Rules adopted and altered by Capsity Coworking from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Capsity Coworking Coworking to members in writing or digital format. The initial Building Rules are attached hereto as AGREEMENT AND SIGNATURE: By submitting this Community Member Terms & Conditions, I certify that I have e-verified and received a copy of the agreement. I affirm that the facts set forth in it are true and complete. I understand that submission of any false statements, omissions, or other misrepresentations made by me within this Community Member Agreement will result in immediate termination and possible legal action.This agreement constitutes a final agreement, and terminates and supersedes all prior understandings or agreements on the subject matter hereof. This agreement may be modified at any time in the future by operating principles to better enhance community experience without any further written, oral, and/or expressed representation to members I authorize Capsity Coworking and/or its agents to verify the above information and obtain consumer or investigative credit report, criminal background report, and/or eviction records.
Building Rules and Regulations
- No Signs, placard, pictures, advertisement, name or notice shall be inscribed or printed or affixed on or to any part of the outside or inside of the Building without the written consent of the Capsity Coworking first had and obtained and Capsity Coworking shall have the right to remove any such sign, placard, pictures, advertisement, name or notice for which consent was not obtained without notice to and at the expense of Member. All approved signs or lettering on doors shall be printed, painted, affixed or inscribed at the expense of Members. Members shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear inappropriate from outside the Premises. Member shall remove any items at the written request of Capsity Coworking within 15 days
- The halls, passages, exits, entrances, stairways and driveways shall not be obstructed by any of the Members or used by them for any purpose other than ingress and egress from their respective premises or parking places.
- Members shall not alter any lock(s) or install new or additional lock(s) or bolt(s) on any doors or windows of the Building, Workspace, or Premises.
- The toilet rooms, toilets, urinals, washbowls, and other apparatus available to Members shall not be used for any purpose other than that for which they were constructed. No foreign substance of any kind shall be thrown into them, and the expense of any such breakage, stoppage, or damage resulting from the violation of this rule shall be paid by the Member (or its authorized representative or invitee) that has caused it.
- Members shall not in any way deface the Premises or any part thereof.
- Capsity Coworking will not be responsible for loss or damage to any safe or property from any cause and all damage done to the building by moving or maintaining any such safe or other property shall be repaired at the expense of Member.
- Members shall not use or keep in the Premises or the Building, any kerosene, gasoline, or inflammable or combustible fluid or material, or use any method of heating or air conditioning other than that approved by Capsity Coworking.
- If Member uses the Premises when the Building is closed and locked, Member shall see the doors of the Premises and the Building are closed and securely locked before leaving the Building. Members must observe strict care that all water faucets or water apparatus have been entirely shut off, so as to prevent waste or damage.
- All entrance doors in the Premises shall be left locked from the outside at all times, and all doors inside shall be kept closed except for normal ingress and egress between spaces.
- Members shall comply with all safety, fire protection, and evacuation procedures and regulations established by Capsity Coworking or any government agency.
- Member assumes any and all responsibility for protecting its Premises from theft, robbery, and pilferage, which includes keeping doors locked and other means of entry to the Premises closed.
- Member, upon termination of its tenancy, shall deliver to the Capsity Coworking the keys of Private Office(s), Workstation(s), Dedicated Desk(s), Locker(s), Mailbox(es), Office Equipment. Conference Space(s) and instruments of access to the parking areas that were furnished to the Member or that Member has made.
- Members shall be responsible for the observance of all of these Rules and Regulations by Member’s employees, agents, clients, customers, invitees, and guests. Capsity Coworking shall not be responsible to Member or to any other person for the nonobservance of these Rules and Regulations by any other Member or other person. Members shall be deemed to have read these Rules and Regulations and to have agreed to abide by them as a condition to its occupancy of the agreed upon services, workspace and/or premises.
- Members are responsible for any obscene, inconvenient, and/or distracting noises or sounds that are not directly associated with a scheduled event. Such noises include excessively loud phone calls, playing music that doesn’t add to atmospheric conditions, snoring, chants,
- Member is responsible for keeping the place free from any foul smells that may come from Member directly or indirectly ex: food, body odor, excessive perfume/cologne,
- Members cannot use the space as a repeated use of sleeping.
- Member agrees to 24/7 monitoring of activities done inside and/or outside of the workspace for security reasons
- Members understand that at times Capsity Coworking and/or Members do hold community events that will be held in the main hallway(s) and/or conference room(s). These events at times will include PA system, speaker(s), video recording, video display, & invitees. Member(s) understands that some sections of the space will be reserved for such event(s) to take place. This excludes Private Offices.
- Members can not use meeting space unless reserved and or rendered. If space is used, members may be charged for its access.