Please read this agreement carefully before submitting your application.
This Virtual Services Agreement (the "Agreement") is between Prospect Spaces Inc., operating as Den 1880 (the "Den"), and the person or entity agreeing to the terms hereof (the "Member"). This Agreement is effective as of the date the Member clicks the "I Accept" button appearing at the bottom of the applicable registration page or signs the document digitally or otherwise (the "Effective Date").
If you are accepting the terms of this Agreement on behalf of your employer or another entity, you represent and warrant that:
Den agrees to provide the Member with the services selected and purchased by the Member, as described in this Agreement and on the Virtual Office portion of Den's website, as amended from time to time (collectively, the "Virtual Services"). Virtual Services include, at a minimum, mail service.
If services are used that were not selected in this Agreement, the Member will be charged accordingly, together with an additional 20% administrative penalty. Examples include:
By accepting this Agreement, the Member authorizes Den to charge a recurring monthly fee for the Virtual Services at the current rate, together with all applicable taxes (the "Monthly Fee"), using the Member's approved payment method (the "Payment Method"). Key payment terms include:
Members may purchase additional services ("Add-Ons") available through Den's Virtual Office program. Add-Ons may be modified from time to time upon 30 days' notice. Custom services may also be provided at Den's published rates or as otherwise agreed between the parties.
The initial term of this Agreement begins on the Effective Date and continues for one month. Thereafter, the Agreement automatically renews for successive monthly periods unless terminated in accordance with this Agreement.
Either party may terminate this Agreement by providing one (1) month's written notice from the first day of the month (the "Termination Period"). During the Termination Period, any Monthly Fee that becomes due remains payable, and Den may continue charging the Member's Payment Method.
Den may terminate the Agreement immediately if the Member defaults and fails to remedy the default within five business days after receiving written notice. If Den terminates the Agreement due to an uncured default, the Member must pay an amount equal to two additional months of Monthly Fees.
Upon termination, Virtual Services cease immediately. Mail received within 30 days after termination will be returned to sender at the Member's cost. Den has no mail forwarding obligations and mail-related obligations cease after the 30-day period.
The following constitute Events of Default:
Upon default, Den may suspend or terminate services immediately, recover all outstanding fees, recover amounts that would have been payable had proper notice been provided, and recover collection costs, legal costs, and out-of-pocket expenses.
The Member agrees to comply with all applicable federal, provincial, and municipal laws, regulations, policies, and guidelines relating to the Virtual Services.
Both parties agree to maintain the confidentiality of information received as a result of this Agreement. Confidential Information shall not be disclosed except as required by law, shall not be used for personal benefit or the benefit of third parties, and shall be protected using reasonable precautions. Both parties acknowledge that unauthorized disclosure may cause irreparable harm and may entitle the affected party to injunctive relief.
Den and its affiliates shall not be liable for direct damages, indirect damages, consequential damages, special damages, loss of profits, loss of business opportunities, loss of goodwill, failure or interruption of Virtual Services, or lost, delayed, or undelivered mail. This limitation applies even if Den was advised of the possibility of such damages.
The Member agrees to indemnify and hold harmless Den and its affiliates from any claims, liabilities, losses, costs, penalties, fines, damages, legal fees, and expenses arising from breach of this Agreement, improper use of the Virtual Services, or reliance on the Virtual Services.
Den provides the Virtual Services without warranties of any kind. Den specifically disclaims merchantability, fitness for a particular purpose, and any implied warranties. Members shall not rely on statements contrary to this disclaimer.
The Member acknowledges that Den is a tenant of the building and not the owner. The Member agrees not to disturb other occupants, to comply with all building rules and regulations, and to comply with Den's policies and procedures. Any breach of the Rules and Regulations constitutes a breach of this Agreement. The Agreement is subordinate to Den's lease. If Den's lease terminates, this Agreement may be terminated immediately.
Den may assign or transfer its rights and obligations under this Agreement. The Member may not assign, transfer, sublicense, or delegate any rights or obligations without Den's prior written consent.
All notices must be provided in writing. Den 1880 contact information: 14 Erb St. W., Waterloo, ON N2L 1S7. Attention: Virtual Office. Email: hello@den1880.co. Notices are deemed received five business days after regular mail delivery, or on the day delivered if sent personally or by email on a business day (otherwise the next business day).
The Member may not use Den 1880 branding without approval. The Member may not use the location as a registered address for service of legal process.
Unless specifically purchased, Den does not accept packages over one pound and does not accept items that exceed standard storage capacity. Den may refuse dangerous items, perishable items, live goods, unlawful items, and excessive quantities of mail. Additional administrative fees may apply for excessive mail volumes.
Additional conditions:
Den does not provide mail forwarding services. Mail may only be collected by the authorized individual on file upon presentation of government-issued photo identification.
Assigned phone numbers remain the property of Den, are provided only during the Term, and may not be listed in directory services. The Member acquires no ownership interest in any assigned number.
Porting fees: Standard number $100 plus HST per number. Premium number $500 plus HST per number.
Den may collect personal information, non-personal information, technical information, website interaction information, and customer service interaction information. Information is collected to provide and administer the Virtual Services.
Den may use collected information for service delivery, administration, billing and collections, marketing communications, research and development, website functionality, advertising and analytics, legal compliance, and customer support.
Den may disclose information to affiliates, to service providers, during business sales or reorganizations, to comply with legal obligations, and with the Member's consent.
Den may anonymize personal information and use anonymized information for legitimate business purposes without further notice.
Den employs physical, electronic, and administrative safeguards intended to protect personal information from unauthorized access, use, disclosure, or alteration.
Den shall not be liable for delays or failures to perform resulting from events beyond its reasonable control.
This Agreement constitutes the entire agreement between the parties and is governed by the laws of Ontario and the federal laws of Canada applicable therein. It creates an independent contractor relationship between the parties and does not create a partnership, joint venture, fiduciary relationship, or agency relationship. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall benefit and bind the parties and their respective successors and permitted assigns.
Questions? Email hello@den1880.co