This membership agreement is entered into by and between Nicer Corporation, having an address of #200, 1006 11th Ave SW, Calgary, Alberta, T2R 0G3, Canada (“Nicer Corporation," “we," “us," “our”), and the Member, as specified above.
Nicer Corporation was created to foster and support a shared office space community by providing its members with office space, work stations, tables, office equipment, chairs, Internet connectivity, and other resources and services (known as, the “Services” and/or “Premises”) for a fee. Members seek the “Services” which Nicer Corporation offers for a fee. By joining Nicer Corporation, our members agree to certain rules for our community (“Rules of Nicer Corporation” or “Rules”). The goal of a community such as Nicer Corporation is to help each of us work hard, so we should be considerate of each other, play well together, and follow the Rules of Nicer Corporation. If one of us doesn’t follow the Rules, it affects all of us, and as a condition to membership, we each agree to abide by this Membership Agreement (“Agreement”).
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Nicer Corporation 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.
Any questions about this Agreement or any rules not covered here, should be addressed by email to
[email protected].
Although referred to as rules, we prefer to think of them as standards. Nicer Corporation and its members, including you, agree to uphold the following standards:
1. Conduct
Nicer Corporation and its members will be responsible for the consequences of our actions and be aware of the well being of others.
Here’s what that means:
a. Make yourself comfortable but respect the space and leave it as you find it. If you move things, then return them to their original spot. Keep the space tidy by putting coffee cups, plates, and cutlery in the dishwasher and unloading clean dishes when needed. All members contributing means there will never be a pile-up of dishes that adds to a single member’s workload.
b. Laugh and enjoy the vibrant community. But be sure you allow others to get work done. Generally, if someone has their headphones on, please respect their privacy. Nicer Corporation is not a library, and collaboration is encouraged, but this is a workplace, first and foremost.
c. Let common spaces be for everyone. If you have a phone call and it will last just a minute or two, feel free to take it in the common areas. If you are going to be on the phone for more than that, please use a quiet area. They exist so that you and your fellow co-workers could have some privacy and avoid the mental oddity of hearing half of a conversation.
d. Be nice at Nicer Corporation. We believe in the skills and talents of our members and thus have a zero-tolerance for harassing members or guests. Members or guests found in violation of this will be sanctioned or expelled from the space at our sole discretion.
e. Guests are always welcome. Feel free to invite friends or guests for lunch, a quick meeting, or just to say hello. However, guests are required to check-in on the reception iPad and adhere to appropriate Nicer Corporation conduct. If a guest will be sticking around for more than two hours, we ask that you purchase a guest pass for your guest at
https://apps.worknicer.com/.
f. Children and pets. We want members to make Nicer Corporation their home, but also to take into consideration the professional work environment and to be considerate of fellow members. Please let us know if you’d like to show off your kids and/or pets during regular business hours.
g. All about desk use.
a. Semi-private desks and Private offices are a space to make your own. This space will be solely occupied by you during your time of membership, so feel free to decorate with your personal items. Please refrain from marking on or destroying desks in any way.
b. Floating desks are for all members and filled on a first-come basis daily. Bring everything you’ll need for the day, but please take your belongings with you at the end of the day. There are no dedicated desk memberships unless otherwise indicated by the Nicer Corporation Team.
h. Coffee, beverages, and food keep you going through your day. Nicer Corporation provides mugs, cups, serveware, and flatware for this purpose. Please put all used dishes in the dishwasher and unload the dishwasher if clean. Please remember, If you don’t do it, the next person has to.
i. Think of the refrigerator as a floating desk. The refrigerator is primarily for storing food for same-day consumption, beverages, and some occasional leftovers from events or meetings. If food is older than one week, it will be thrown out – container and all. Please take home your food and containers – keep the fridge smelling clean. A clear fridge also means more room to keep beer and coffee creamer stocked.
j. Speaking of beer, please review our alcohol policy. We keep Nicer Corporation stocked for our weekly, #DrinkNicer Friday at 4 pm. However, we do not tolerate intoxication within the space and underage drinking. Providing drinks to minors will result in immediate cancellation of membership.
k. We understand that somedays the workday can extend into a late night, so we invite members to take advantage of their 24/7 membership if needed. However, under no circumstances is sleeping overnight at Nicer Corporation allowed. Hard-working entrepreneurs also need to work hard at living a healthy lifestyle, which means going home for a proper night’s rest.
l. Is it hot in here? The heat and air conditioning run on a schedule that is controlled by the building manager. If the heat or air-conditioning does not seem to be working, please notify the Nicer Corporation team by opening a ticket on the help desk at
https://members.worknicer.com/issues.
m. Boardrooms, big and small, are for meetings with clients and fellow members, not to be used for sole use unless you need to use conference call resources. All rooms must be booked prior to use through the online Nicer Corporation booking system at
https://members.worknicer.com/bookings#/
n. Resources are for everyone and are to be used reasonably by all members. There are plenty of services that we provide that are of a non-restricted nature including Internet bandwidth, coffee, printing, copying, and boardroom bookings. It is understood that these services are offered as a benefit of membership and are not a right. Nicer Corporation, in its sole discretion may limit access to these items, or charge a fee for them.
o. Nicer Corporation strives to have a safe, clean space. Nicer Corporation motions and tracks all arrivals using a variety of technologies including, but not limited to, video surveillance, access cards, Internet access systems, and intrusion systems. All members understand and agree to such monitoring and tracking. All members also contribute to the building security by ensuring all reasonable measures are taken to safeguard the Nicer Corporation building, members, and members’ possessions. At no time should security locks be bypassed or left in an open position and external doors should never be propped open.
2. Community
Nicer Corporation believes in the skills, talents, capabilities, and generosity of Nicer Corporation Members. We will show the world that a collaborative culture can succeed where cut-throat competitiveness fails. We encourage members to get creative, be responsible, take risks, and share your successes. Check the box to the left, if you agree!
3. Self Promotion
We do not encourage person(s) interested in selling to other members to join Nicer Corporation as members. That includes multi-level marketing or promoting “get rich quick” schemes.
4. Changes
The Nicer Corporation team will do our best to notify members of changes to the “rules” and this agreement. However, as we grow and evolve, so will our standards for members.
5. Communication
All Nicer Corporation employees and members have access to the Nicer Corporation Slack channel. Slack is a team communication platform that we use to post announcements about our workspace, the building, and events. We are big fans of Slack and so, for members, it is the best way to directly get in contact with anyone at Nicer Corporation. Please Slack Nicer Corporation with any questions or concerns you have about the space because keeping track of email is rarely our forte.
6. Term
When signed by the Member, this agreement will be effective on the Start Date.
a. If the Membership Term is designated as a “Monthly” Membership, then the Membership will begin on the Start Date as specified above and will continue on a monthly basis until terminated by a party in accordance with these Terms and Conditions.
b. If the Membership Period as specified above is designated as a “Daily” Membership Period, then the “Term” of the Membership will begin on the Start Date specified above and will terminate at the end of that day, or, if the Member elects to continue or extend the Membership, then this Agreement will continue for so long as the Member elects to continue the Membership and pay its Fees.
c. This agreement is for an initial term as specified above and shall renew itself from month to month after the initial term.
d. In all events, any use by Member of the Services shall be subject to the terms of this Agreement.
7. Fees
Nicer Corporation collects fees for monthly memberships, day passes, boardrooms, and any other charges through bank account billing or credit card. If you believe you have been billed in error, you should contact us before disputing the charge with your credit card company (they are usually easy to solve). You are expected to pay for all services upfront. If payment is not made on time late fees will apply and this agreement may be terminated by the sole discretion of Nicer Corporation. Membership is monthly, quarterly, every six months or yearly as specified above under “Payment Frequency” unless otherwise agreed to in writing. An invoice for Monthly membership fees will be issued on the 15th of the month preceding membership; payment will be processed on the 20th. To clarify, as an example, membership fees for the month of February will be collected on January 20.
8. Termination
a. Termination by Nicer Corporation. We may immediately terminate this Agreement, including, without limitation, the Membership, and access to the Premises, by written notice to you (email to suffice), upon breach of this Agreement by you, or at any other time for convenience, when we, in our sole discretion, see fit to do so. Member will remain liable for past due amounts and we may exercise our rights to collect due payment despite termination of this Agreement. Beyond those day-to-day rules, you agree not to use Nicer Corporation for any purpose that is unlawful, prohibited, or that could damage, disable or impair any of Nicer Corporation’s property, or keep other members from using Nicer Corporation’s property, or that would hurt Nicer Corporation as an ongoing business. This also means you won’t attempt to gain access to any computer systems or networks of Nicer Corporation (beyond general web access) or attempt to obtain any materials or information not intentionally made available to all members. If you attempt to do any of these bad things, then forget about the three strikes under Rules of Nicer Corporation No. 1, as your membership may be terminated immediately.
b. Termination by Member. Excluding Day Pass Members, any Member may terminate this Agreement at the end of the initial term or subsequent month to month renewal term by providing at least thirty (30) days’ prior written notice to us; provided, however, that only the last business day of a calendar month may be set as the termination date and the Member will not be entitled to any proration with respect to any Fees. For example, if the Member delivers a termination notice on August 15, the termination will not be effective until the last business day of September, and Member will owe Fees due for the entire month of September. Excluding Day Pass Members, any Member may terminate this Agreement during the initial term by providing at least ninety (90) days’ prior written notice (“Notice Period”) to us; provided, however, that only the last business day of a calendar month may be set as the termination date and the Member will not be entitled to any proration with respect to any Fees. For example, if the Member delivers a termination notice on August 15, the termination will not be effective until the last business day of November, and Member will owe Fees due for the entire months of September, October, and November. The Notice Period, or a portion therein, may be waived in our sole discretion if Member provides Nicer Corporation with a new Member who starts an identical new Membership with Nicer Corporation.
c. Removal of Property. Prior to the termination or expiration of this Agreement, you will remove all of your property from the Premises. After providing reasonable notice (email to suffice), we will be entitled to dispose of any property remaining on the Premises without any obligation to store or return such property, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible to pay any fees reasonably incurred by us regarding such removal. Following the termination or expiration of this Agreement, we will not forward or hold mail or other packages delivered to us.
9. Connections
Nicer Corporation Members will not use Nicer Corporation in connection with
a. Contests, pyramid schemes, chain letters, junk email, spamming, or similar annoying behavior.
b. Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others;
c. Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information;
d. Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights or is protected by intellectual property laws where you don’t own or license such rights; and
e. Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of Nicer Corporation or another member.
10. Confidences
As a Nicer Corporation Member, you may be exposed to Nicer Corporation Confidences, meaning information (such as business information, trade secrets, technology, customers and prospects, and other super-secret stuff) disclosed by Nicer Corporation or members of Nicer Corporation and their guests (including through your keen observation) that is confidential or proprietary in nature and simply should not be known by others. All members agree, plain and simple, to keep confidential and not to disclose or use Nicer Corporation Confidences, you understand that they remain the exclusive property of whoever disclosed them, and you don’t acquire any rights to such Confidences. If there are any problems or questions regard this, please address the Nicer Corporation Team.
11. Complaints
We believe communication fixes all things, and so, we welcome feedback and concerns regarding the improvement of Nicer Corporation and the experience of its members. Please refrain from making defamatory or disparaging comments about Nicer Corporation or Nicer Corporation's members. We believe our members can resolve member to member concerns politely, professionally, and independently, but we’re here to help and talk about it.
12. Acknowledgment about Premises
Member acknowledges that the Premises are or may be part of another building or complex and you agree to abide by any rules and regulations applicable to tangents, visitors, our guests thereto, and will otherwise conduct your activities in a manner that minimizes disruption to the building or complex.
13. Liability
Neither Nicer Corporation or its members will assume any liability to you with respect to your access to, participation in, use of Nicer Corporation, Nicer Corporation Services, or Nicer Corporation Premises or any loss of information or other property resulting from such participation or use. Basically, if you leave your things here and it disappears, we are not liable. We will, however, look into how it happened and work to prevent such losses. Nicer Corporation will not assume liability from damages or injuries to members, clients, guests, or other parties that members may invite to Nicer Corporation. As a member and user of Nicer Corporation, you are required to carry an appropriate insurance policy to cover your own equipment and liability while using the space and any other insurance you deem necessary or desirable. We would be glad to put you in touch with our insurance agent about a general insurance policy if this is of particular concern.
14. Photography and Quote Statement Release
To advance Nicer Corporation and its role in the community, Nicer Corporation regularly utilizes images and/or quotes/statements of Nicer Corporation’s programs, facilities, and members to feature in marketing and promotional materials. Your image and/or quote/statements/ participation may be used in print and electronic media for Nicer Corporation, including but not limited to Nicer Corporation’s website, newsletters, press releases, and brochures. As such, you authorized Nicer Corporation to use your image and or quote/statement may be edited but will continue to reflect your original meaning. You understand that your name, credentials, and company information may be identified. You fully discharge Nicer Corporation from any and all claims, monetary and otherwise, arising out of the use of your quote/statement. By signing the end of this agreement, you give permission to Nicer Corporation to use your photograph, image, and/or quote/statement as described above.
15. Disclaimer
Legal types ask that the following sections be CAPITALIZED, which means please pay attention, special attention.
a. NICER CORPORATION PROVIDES SERVICES “AS IS” AS A SERVICES AND NOT AS A LEASE OF REAL PROPERTY, AND DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TO THE EXTENT PERMITTED BY LAW. THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT OR POSSESSION. THE ENTIRE RISK OF PARTICIPATION IN OR USING NICER CORP SERVICES REMAINS WITH YOU.
b. IN NO EVENT SHALL NICER CORPORATION OR ITS AGENTS, OWNERS, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY OTHER DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, AND ANY OTHER LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO NICER CORP’S SERVICES OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW.
16. Indemnification
Besides all CAPITALIZED in 15. Disclaimer, you also release and agree to indemnify, defend and save harness Nicer Corporation, its agents, owners, members, contractors, and employees from and against all claims, liabilities, losses, damages, expenses, judgments, fitness and penalties based on or arising out or your negligent actions, errors and omissions, willful misconduct or fraud, breach or violation of the Rules of Nicer Corporation or otherwise suffered in connection with your participation in Nicer Corporation or use of Nicer Corporation’s Services.
17. Consent
Please take note that you can’t assign this Agreement without the prior written consent of Nicer Corporation. Since Nicer Corporation is situated in the City of Calgary, we all agree that the law of the great Province of Alberta governs this Agreement. And we further agree that exclusive jurisdiction and venue for all purposes under this Agreement shall be in Calgary, Alberta, Canada and everybody consent to such jurisdiction and venue. Finally, in the highly unlikely event that any provision or portion of this Agreement is deterred to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this agreement shall be unaffected and shall remain in full force and effect to the fullest extent permitted by law.
18. Notices
Any notices under this Agreement shall be delivered in person, by ground mail, email, or facsimile or other such services to the party at the address listed in this agreement. Any such notice shall be considered delivered upon delivery in person, by ground mail, email, or facsimile or other such services.
