A. TERMS OF SERVICE AND AWFIS USER AGREEMENT

1.

ABOUT AWFIS AND THE PLATFORM

The website – ‘www.awfis.com’ www.awfis.com, mobile application - ‘Awfis’ (“App” or “Application”) and the other associated/ancillary applications and websites (collectively “Awfis Platform” or “Platform”) are the property of and owned and managed by Awfis Space Solutions Limited (hereinafter referred to as “Awfis”, “we”, “us” or “our”), a public listed company incorporated under the Companies Act, 2013, and having its registered office at C-28-29, Kissan Bhawan, Qutab Institutional Area, New Delhi – 110016.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes, as amended. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the App or Platform.

Awfis requests the User (as defined below) to carefully go through these terms and conditions of use and access (“Terms of Service” or “TOS” or “Terms”) prior to proceeding or accessing the Awfis Platform or availing any Work Space Solution (as defined below). If the User continues to browse or use the Awfis Platform or to avail any Work Space Solution, the User irrevocably and unconditionally agrees to comply with, abide by and be bound by all these obligations as stipulated in this TOS, together read with our privacy policy available at (“Privacy Policy”) and user policy available at (“User Policy”), also set out hereinbelow, and any other applicable policies incorporated herein by way of reference or made available on the Awfis Platform or otherwise, in each case as may be amended from time to time (collectively referred as “Terms and Conditions” or the “Agreement”). The Terms and Conditions shall govern Awfis’s relationship with the User in relation to the usage of the Awfis Platform or any Work Space Solution. These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to the User and shall act as a binding agreement between Awfis and the User.

When the User uses the App or sends emails or other data, information or communication to Awfis, it agrees and understands that it is communicating with Awfis through electronic records and consents to receive communications via electronic records from Awfis as and when required. Awfis may communicate with the User by email or by such other mode of communication, electronic or otherwise.

2.

DEFINITIONS

In this Agreement: (a) capitalised terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; (b) the following terms shall have the meanings assigned to them herein below; and (c) reference to any offering not defined here but used in capitalised terms shall have the description set out thereto on the Awfis Platform:

2.1

Accepted Modes of Communication include communication through e-mail/SMS/notification.

2.2

Accepted Modes of Payment shall include the following:

  • Online payment of credit cards and debit cards
  • Online banking
  • Wallet offered by payment gateway
  • Stored cards

(b) Offline modes:

  • Physical swipe of credit cards and debit cards
  • Demand Draft
  • Cheque subject to realization
2.3

Additional Charges means any charges, fees or costs payable by the User for any Allied

2.4

Allied Services means any additional services other than Work Space Solutions that Awfis may provide.

2.5

Applicable Laws means all applicable provisions of all: (a) constitutions, treaties, statutes, laws (including the common law), codes, rules, regulations, ordinances or orders of any Governmental Authority, (b) governmental approvals, and (c) orders, decisions, injunctions, judgments, awards and decrees of or agreements with any Governmental Authority, or any condition or term imposed pursuant to any governmental approvals.

2.6

Commitment Term shall mean the minimum period of commitment from the User to use the Work Space Solutions as may be agreed between the Parties in more detail under the Membership Form.

2.7

Governmental Authority means: (a) any national, state, city, municipal, or local government, governmental authority or political subdivision thereof; (b) any agency or instrumentality of any of the authorities referred to in (a) above; (c) any non-governmental regulatory or administrative authority, body or other organisation, including the stock exchanges, to the extent that the rules, regulations, standards, requirements, procedures or orders of such authority, body or other organisation have the force of Applicable Law; or (d) any competent court or tribunal.

2.8

Loss(es) means all actions, losses, liabilities, damages, awards, settlements, claims, suits, proceedings, obligations, charges, demands, costs and expenses (including legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties).

2.9

Meeting Credits Usage: Meeting credits can be used to book any meeting room of capacity upto 8 seats only. Any meeting room having capacity more than 8 seats can be booked with INR amount only.

2.10

Membership Form or Membership Agreement means the subscription form signed between the Parties for the User’s use and access of the Work Space Solutions.

2.11

Mobility Bundle This offers the customers a mix of Day Pass and Meeting Room benefits and offers flexibility to book a desk and a meeting room under one package.

2.12

Office Space means actual office or workspace, conference rooms, IT rooms, meeting rooms, cabins etc. including the common areas and any part of the Premises for use by the User in terms of this Agreement, as typically detailed in the Membership Form.

2.13

Parties Awfis and User hereinafter collectively referred to as “Parties” and individually as a “Party”.

2.14

Premises means a building or portion of a building (including any basements, parking areas, concierge desks and common areas) in which Awfis offers the Office Space and its Services to its User.

2.15

Regular Business Days are all weekdays (including Saturday), except local bank/public/ government holidays and any days notified by Awfis for planned preventive maintenance at the Office Space and/or Premises.

2.16

Regular Business Hours are generally from 8:00 a.m. to 8:00 p.m. on Regular Business Days, unless specifically otherwise in writing with a User.

2.17

Service(s) means the Work Space Solution services and/or other Allied Services that may be offered by Awfis to its Users from time to time.

2.18

User shall mean any person including a corporation/company/partnership and/or any legal entity who/which chooses to book and use the Work Space Solution and/or any services, amenities, products etc. offered by Awfis through the Awfis Platform and accepts all the Terms and Conditions including this User Agreement, and is hereinafter also referred to as the “Member Company” or “you” and each authorised individual user of such Member Company being a “Member”.

2.19

Venue Policy is terms and conditions governing usage of venue over and above the terms of this Agreement and opted by User. Venue is the composite area in which the Work Space Solution offered by Awfis and booked by User through the Awfis Platform.

2.20

Wallet is an online program that allows Users to securely store points and use them at the time of booking and/or other transactions instead of cash on the Awfis Platform. It allows the User to fill the wallet with points using bank/credit cards or other alternative payment methods. Awfis Wallet is a closed wallet and can only be used for transactions using points in the Awfis Platform ONLY. User can therefore pay using stored points in their wallet or instantly pay with their stored card or any other accepted mode of payment under this Agreement to book and/or use Work Space Solution and/or any services, amenities, products etc. offered by Awfis. Any such transaction is stored as a contra entry of points in the Awfis wallet.

2.21

Work Space Solutions or Services means shared work space, co-working workspace, office solutions, personal workstations, meeting rooms, conference halls, virtual office services etc. in the form of ready-to-move-in and/or use office spaces, desks, cubicles, virtual offices with provisions of basic office equipment, furniture, infrastructure, essential services, security etc. under various formats, on a daily, weekly and monthly basis which may be used by single or multiple users subject to the other terms and conditions.

3.

SCOPE OF SERVICES

3.1

The User shall be required to make a request to Awfis through the Awfis Platform for any booking of Work Space Solution, and the request shall be processed expeditiously by Awfis subject to availability of Work Space Solutions and acceptance of the Terms and Conditions (including any additional service-specific terms and conditions) by the User, upon submitting details as required by Awfis and/or Applicable Laws. The said booking being accepted by Awfis shall be binding upon the User.

3.2

In order to book a workstation or meeting room under the Mobility Bundle, the User must first purchase the desired credits from the Awfis Platform and then book a workstation or meeting room using the Awfis Platform with the said credits in advance prior to visiting the centre.

3.3

The purchase of seat credits or meeting room credits to book one or more workstations or meeting rooms does not guarantee a reservation for the respective workstation or meeting room. This is subject to availability at the centre and will be confirmed by the Centre Manager at the location booked by the User, upon which the booking shall be reserved.

3.4

The User cannot book a workstation under the Day Pass for more than 3 (three) consecutive days using seat credits.

3.5

The use of a workstation shall be limited to Regular Business Hours, excluding Saturdays, Sundays, and public holidays. However, the use of a workstation under the Day Pass shall be limited to 9 AM to 6 PM.

3.6

The seat allocated to the User may be a cabin-shared workstation, meeting room-shared workstation, or fixed seat, depending on availability. The Centre Manager shall have the discretion to allocate the workstation based on availability.

3.7

The User shall use the office space solely for legal and ethical business purposes. In case the usage of the space does not comply with the above, Awfis shall have the right to terminate the booking with immediate effect and, at its sole discretion, report any illegal or unethical business practices to the relevant governmental authorities.

3.8

Credits purchased on the website have a start and an expiry date, which is made clear at the time of purchase. Users are asked to use the same within the given period to avoid expiry of the credits.

3.9

Once credits are booked on the system, no cancellation is permitted under the policy, and no refunds are offered under any circumstances.

3.10

Credits once expired cannot be transferred to another user or utilized post-expiry date.

3.11

Credits can be transferred to another individual user, and the same terms and conditions stated here apply to the transferred booking as well. Credits transferred have the same start date and end date as the original booking.

3.12

Mobility Bundles are a combination of Day Pass and Meeting Room credits, and are subject to these terms and conditions as applicable. Day Pass credits – On purchase of 10 days of Day Pass credits, user will get 10 seat credits and 1 seat credit is equivalent to 1 day of usage of 1 workstation. Unless specified otherwise while availing Meeting Room credits – On purchase of 10 hours of Meeting Room credits, User will get 10 meeting credits and 1 meeting credit is equivalent to 1 hour of usage of the meeting room (4 to 6 seater) and 2 meeting credits are equivalent to 1 hour of usage of the meeting room (8 seater).

3.13

Virtual Offices – We offer a combination of virtual office plans for Users to use as a business address and/or for registrations. Frequently asked questions on this offering are answered at https://www.awfis.com/virtual-office.

4.

TERMS OF PAYMENT

The payments shall be made by either of the accepted modes of payment in advance, subject to and after deduction of applicable withholding taxes (TDS) as per the Applicable Laws. The User shall provide the certificate evidencing payment of TDS to Awfis within 3 (three) months of payment of Membership Charges as per Income tax Act 1961. In case Awfis is entitled to a Lower Deduction of Tax certificate, Awfis will share the same with the User and the User will be deducting TDS at such reduced rates. Any delay in deposition of TDS with the Income Tax department by the User leading to any demand of tax, penalty, interest by the department will be liability of the User (“Awfis Recoveries”) and Awfis has the rights to recover the same from the User including adjustment of Security Deposit available with Awfis of the User.

5.

MINIMUM BALANCE IN AWFIS WALLET

The User shall be obliged to maintain interest free minimum balance in its wallet which shall be equivalent to and in addition to the booking cost (including Awfis Recoveries) of the Work Space Solution and/or as specified by Awfis that shall be liable to be refunded as per Awfis Cancellation and Refund Policy to the User subject to and upon Awfis receiving/re-entering the Work Space Solution as per the agreed terms and conditions including all due payments/charges for additional service, if any, and confirmation by Awfis about the condition of the infrastructure etc. that was attached to the Work Space Solution given to the User. The deposit shall be made by either of the accepted modes of payment.

6.

TENURE OF USE BY USER

The User shall be permitted to book through the Awfis Platform the listed Work Space Solution and shall be permitted to use the Work Space Solution upon acceptance of request by Awfis and upon acceptance of these Terms and Conditions by the User. The tenure for the term of use of Work Space Solutions by User shall be for the period/duration/timing approved by Awfis after confirmation of such booking. User shall be obliged to punctually follow the stipulations with regard to duration and/or term of use and timings of use.

7.

CONTROL OF WORK SPACE

The control of the Work Space Solution shall at all time vest with Awfis and shall remain the property of Awfis. The acceptance of the terms and conditions by User for usage of Work Space Solution shall not constitute and/or create any lease/sub lease/license in favor of User and the same shall be only constituted as availing the Work Space Solution services provided by Awfis. Notwithstanding anything to the contrary, you and we agree that our relationship is not that of landlord-tenant, licensor-licensee or lessor-lessee and this Agreement in no way shall be construed as to grant you or any Member any title, easement, lien, license, possession or related rights in our business, the Premises, the Office Space or anything contained in or on the Premises or Office Space. Awfis, through the Agreement, is only provisioning its services to the User subject to timely payment of the Membership Charges by the User.

8.

TERMINATION RIGHTS

8.1

Access of User can be restricted under following circumstances:

  • (a) Non-acceptance by User of any updation made by Awfis in relation to Work Space Solutions or any termination of the Agreement.
  • (b) Misbehaviour, misdemeanor, nuisance or immoral activities by the User or its associates/affiliates/employees/ guests on account of User.
  • (c) Breach and/or any non-compliance of any Applicable Laws or any terms of this Agreement or the Terms and Conditions by the User or its associates / affiliates / employees / guests of the User in using the Services or occupying / carrying out its business from the Office Space.
  • (d) Non-maintenance of minimum Awfis wallet balance by the User.

8.2

Awfis shall have the right to terminate the Agreement immediately and without any notice in any of the following circumstances:

  • (a) Being either an individual or a company the User is in breach of any of the obligations (including the obligations to comply with Applicable Law) under this Agreement or persistently breaches the terms of this Agreement or if the breach is capable of rectification in the opinion of Awfis but the User has failed to rectify the same on a 5 (Five) days’ written notice; or Member Company’s non-cooperation with Governmental Authorities for any inspection or review of compliance with Applicable Law.
  • (b) Being a company the User has become insolvent or gone into liquidation (i) if it is unable to pay its debts as per the provisions of the Insolvency and Bankruptcy Code, 2016; (ii) if any notice shall have been received by the Member Company for its winding up under Applicable Laws; (iii) if any resolution shall have been passed by any of its creditors or shareholders to wind up the Member Company whether compulsorily, or otherwise; (iv) if any petition shall have been filed and admitted by a competent court for winding up of the Member Company; or (v) if any other litigation/arbitration proceedings are initiated against Member Company; or (vi) a regulatory action / investigation has been initiated against the Member Company.
  • (c) In the event of any criminal offence or an attempt to commit any criminal offence including misbehavior, misdemeanor, nuisance or immoral activities by the User or its associates/affiliates/employees/guests.
  • (d) If the Member Company has, whilst being in default of payments, stopped availing Services in terms of the Agreement, removed its Members from the Premises and/or vacated the Office Space without completing the Exit Formalities.

In case of any termination by Awfis in terms of this Clause 8.2, Awfis shall have the right to forfeit the Commitment Deposit. Further, if Awfis has terminated the Agreement, due to failure of the User to make timely payment of the Membership Charges, during the Commitment Term or any other breach as stipulated hereinabove, then the User shall be liable to pay Membership Charges for the unexpired Commitment Term along with the dues payable under this Agreement for any breach of the terms herein as part of Exit Formalities and damages if any to the Premises. In case the financial loss that Awfis has incurred is higher than the Commitment Deposit of the User, then Awfis shall claim the differential amount from the User.

8.3

The User shall have no right to terminate the Agreement until expiry of the Commitment Term. In case of termination during the Commitment Term, the User shall be liable to pay the Membership Charges (adjusted for any escalation and including any Additional Charges) for the unexpired period of the Commitment Term as part of the Exit Formalities (which the Parties consider to be in the nature of liquidated damages and are reasonable and not in the nature of a penalty). Awfis shall also have the right to discontinue any/all Services, and to restrict access to the User and Members.

8.4

The User shall have the right to terminate this Agreement after expiry of the Commitment Term, by issuing a written notice of 3 months, unless agreed otherwise in writing with Awfis. The User shall be liable to pay the Membership Charges (including any Additional Charges) during such notice period.

8.5

Exit Formalities: Upon any termination of this Agreement in terms hereof or expiry of the Term:

  • (a) The User and its Members shall cease to have any right to receive any Services, and immediately complete the following on or before the effective date of termination in terms of this Agreement.
  • (b) The User shall forthwith, without any delay or demur:
    • (i) vacate and handover the charge of the Office Space and keys to all filing cabinets and access cards utilized by the User/ Members to Awfis in such good order and condition as it was at the time of the execution of the Agreement, normal wear and tear excepted;
    • (ii) remove itself, its Members, including any officers, employees or staff and also all movable assets of the User therein without in any way damaging the Office Space or Premises and quietly surrender and deliver to Awfis the peaceful and vacant charge of the Office Space and Premises in good and tenantable condition as was handed over to the User;
    • (iii) file an application with the Goods and Services Tax authorities and all other agencies / Governmental Authorities, for removal of the Office Space as a place of business in its Goods and Services Tax registration or such other relevant registration, at its own cost, 15 days prior to the effective date of termination of the Agreement or expiry of the Term, and provide a documentary proof to Awfis to the effect that such application has been filed and the registration has been duly updated to remove the Office Space as a place of its business;
    • (iv) provide to Awfis, the copies of any further correspondence issued by the Goods and Services Tax authorities and other agencies in relation to such application and change in registration.
  • (c) Upon handing over of the charge of the Office Space to Awfis, the Commitment Deposit, if any, after adjustment of amounts as provided herein (including Awfis Recoveries), shall be refunded by Awfis to the User within 30 (thirty) Regular Business Days of such termination.
  • (d) In the event of the User (i) being in default of payments due to Awfis; or (ii) failing to vacate the Office Space and/or Premises or any part thereof; or hand over vacant charge thereof to Awfis, then without prejudice to the other rights and remedies in law available to Awfis or otherwise, the User shall be deemed to be in unauthorized occupation of the Office Space and Awfis shall be entitled to lock and / or change the lock of the Office Space and / or Premises and prevent the User, its Members, employees, agents, workmen, and servants from entering upon the Office Space or Premises or any part thereof and shall be entitled to disconnect electricity and water supply etc. and shall be entitled to remove and dispose off, at the cost and risk of the User, the User’s articles, belongings and things from the Office Space / Premises including all signages that may be displayed and appropriate the proceedings thereof in the manner as Awfis may deem fit and the User shall have no objection / claim and shall hold Awfis harmless and indemnify Awfis from any Losses it may suffer as a consequence of any action taken by it, pursuant to the provisions of this Agreement. It is agreed that if any movable furniture together with any fittings, fixtures and machines and equipment belonging to the User is not removed by the User on the expiry of the Term or early termination of this Agreement, such movable items shall become the property of Awfis without payment of any compensation to the User. The User shall ensure that such items that are not removed by the User shall not be charged in favour of any person or authority and Awfis shall be entitled to keep it free from all encumbrances. Further, Awfis shall be entitled to forfeit the Commitment Deposit in its entirety. Additionally, the User shall be liable to pay and shall pay to Awfis, pre-agreed liquidated damages at Draft for Discussions Privileged & Confidential the rate of thrice the amount of last paid monthly charges payable per day for per day period of delay in vacating the Office Space i.e. from the date the User was liable to restore and hand over vacant charge of the Office Space / Premises to Awfis till the date the User restores and hands over the charge of the Office Space / Premises to Awfis). The above pre-agreed charges shall increase by an additional sum of the Monthly Charges payable per month till the date the User restores and hands over the charge of the Office Space / Premises to Awfis. The User admits and acknowledges that the aforesaid charges constitute a reasonable genuine and agreed pre-estimate of the losses that will be caused to Awfis, and the same is not intended to enlarge the scope of Services agreed hereunder. This right is cumulative and is in addition to any other rights and remedies Awfis may have in accordance with the provisions of this Agreement, the Terms and Conditions or at law or in equity. In addition to the aforesaid charges to be paid by the User as mentioned above, the User shall regularly pay all other charges as may be applicable during their unauthorized occupation in the Office Space / Premises. It is also agreed that the User shall hold Awfis harmless and indemnify Awfis from any Losses it may suffer as a consequence of User’s breach of Clause 8.5(b)(iii) hereof.

9.

REPRESENTATIONS, WARRANTIES, RIGHTS AND OBLIGATIONS OF USER:

9.1

The User represents and warrants that it has full authority to carry out its obligations hereunder and that this Agreement constitutes legal, valid, and binding obligation on the Member Company enforceable against it in accordance with its terms.

9.2

The User shall have right to enjoy services at the Office Space, with right to use, along with other occupants of the Premises within which the Office Space is situated along with the common areas in the said Premises. The User understands and accepts that there are other occupants in the said Premises and that the common areas are for the benefit and use of all such occupants. All common areas and their usage are on a non-exclusive basis and the User has no exclusive right to the same. The User further undertakes that it shall not in any manner obstruct or otherwise interfere with the use, enjoyment and benefit of the common areas by such other occupants/visitors to the said Premises. The User shall ensure that at no time during the subsistence of this Agreement, the User shall hinder or impede ingress or egress to the said Premises. The User shall allow access to Awfis or its designated parties, of its Office Space for any physical verification of assets or asset tagging or for any audit related requirement. Awfis will share a prior intimation to the User in this regard informing the User about any such access.

9.3

The use of Work Space Solution by the User is a privilege that may be revoked at the discretion of Awfis. If this Agreement is revoked, Awfis may return to the User the wallet balance if any in accordance with its Cancellation and Refund Policy for the remaining period of usage, and the User agrees to fulfil the Exit Formalities, including but not limited to returning all the Awfis property including but not limited to keys, access cards etc. upon expiration/ termination/ revocation of the Agreement or its right to use the workspace as per this Agreement and forfeit its rights thereof.

9.4

The User understands that the Work Space Solution shall at all times remain the property of Awfis and Awfis reserves the right to ask the User to relocate to any other nearby Work Space Solution maintained by Awfis in accordance with the Agreement. The User further understands and agrees that its use of Work Space Solutions may on occasion be disrupted and the User may be required to move/shift to another work area of Awfis and under rare circumstances to vacate the Work Space Solutions entirely. The disruption may include, but is not limited to, the need to move to another work area and under rare circumstances to vacate the Premises entirely

9.5

No request for any reduction or curtailment in the agreed period/duration shall be entertained by Awfis under any circumstances and the User shall be liable and accepts the unconditional liability to pay Awfis as per the agreed terms and conditions of the Awfis Cancellation and Refund Policy, notwithstanding the fact that the User ceases to use the Work Space Solution for any reason whatsoever before the expiry of the agreed period/duration.

9.6

The User agrees that it shall carry out only lawful and permitted activities under this Agreement from the Office Space offered to them and shall observe, abide, and comply with all Applicable Laws for carrying out permitted business and/or in connection with the performance of its obligations under these Terms and Conditions (including the Agreement). The User shall not engage in any illegal business activity in the Office Space / Work Space Solution, in, or around the Premises in which the Work Space Solution is located. Awfis shall have no liability or responsibility whatsoever in this regard, including for any prosecution or penalty.

9.7

The User shall always carry valid identity proof at the time of access and usage of the Work Space Solution. Access shall be granted through an access card, biometrics, or any other check-in method required by Awfis. Only individuals listed in the Member List provided by the User to Awfis shall be considered Members and entitled to receive the Services. Exceeding the authorized capacity shall result in additional membership charges and may lead to termination of the Agreement.

9.8

The User shall be responsible for providing accurate and complete information. If any information is found to be false, inaccurate, or incomplete, Awfis reserves the right to suspend, terminate, or block access to the Platform and Work Space Solution. The User shall indemnify Awfis for any loss or damage caused due to misinformation.

9.9

Awfis has the right to deduct balance from the User’s wallet without explicit consent in case of usage of the Work Space Solution and/or facilities/amenities/products offered by Awfis. However, such deductions shall be intimated to the User through accepted communication channels.

9.10

The User agrees that it shall not directly or indirectly hire, employ, or induce any employee or consultant of Awfis to breach their contract with Awfis during the term of this Agreement and for one year thereafter. Breach of this provision shall entitle Awfis to seek injunctive relief apart from liquidated damages of INR 10,00,000 (Indian Rupees Ten Lakhs).

9.11

The User agrees that no action shall lie against Awfis for any bad debts or liabilities of the Member Company. Such debts/liabilities shall not create any charge or encumbrance on the Office Space, and the Member Company shall not take loans against it.

9.12

The User shall not store any inventory of goods in common areas of the Work Space Solution without prior written permission from Awfis.

9.13

The User shall pay Additional Charges (and on a case-to-case basis, an additional Commitment Deposit) and obtain prior written consent from Awfis for any Allied Services or events that are not included in the Work Space Solution. The User agrees to comply with all applicable terms for such services and shall not use the Work Space Solution in any way that affects the membership community negatively.

9.14

The User shall only bring guests as per the User and Guest Policy of Awfis and shall be liable for all acts, commissions, and omissions of its guests.

9.15

Awfis shall not be liable for any theft or be held responsible for any loss or damage to the User’s property within the Work Space Solution.

9.16

The User shall maintain the highest safety standards and shall be solely responsible for any loss, damage, or injury caused due to their actions, mismanagement, or negligence. Any damage caused to the Premises / Office Space due to the User’s actions shall be indemnified by the User. Awfis may deduct necessary amounts from the Commitment Deposit if such damages are not rectified within 15 (fifteen) days of occurrence.

9.17

The User shall not engage in any online business activities of the sort that: may damage or impair the functioning of Awfis or any of its partner or user spaces or their services, or is of questionable moral character or view any objectionable or illegal content that may damage or otherwise adversely affect the goodwill and/or reputation of Awfis, including but not limited to overburdening or impairing any server or network connected to Awfis. Further. the User shall not indulge into any activity that amounts to Cyber Crime of any of the following kinds under the Information Technology Act, 2000 or any other Applicable Laws:

  • (a) Cyber Crime against persons affecting the personality of individuals e.g. Harassment via EMails, Cyber-Stalking, Dissemination of Obscene Material, Defamation, Hacking, Crack
  • (b) Cyber Crime against persons property such as Intellectual Property Crimes, Cyber Squatting, Cyber Vandalism, Hacking Computer System, Transmitting Virus, Cyber Trespass, Internet Time Thefts etc.
  • (c) Cyber Crime against government such as Cyber Terrorism, Cyber Warfare, Distribution of pirated software, Possession of Unauthorized Information etc.
  • (d) Cyber Crime against society at large which includes Child Pornography, Cyber Trafficking, Online Gambling, Financial Crimes, Forgery etc.

9.18

The User shall keep his/her notification ON at all times and shall also update his/her phone number / e-mail so as to receive any communication/notification, and also undertakes to periodically keep checking the Awfis Platform for any updates on policies/services offered/charges and/or any modification in Terms and Conditions of the Agreement, if and when made by Awfis. Update packages will be sent to you on your Device for download and installation. You hereby agree to install the updates from time to time and acknowledge that Awfis will only be able to provide account support for the Services and the Awfis Platform if you ensure to install all updates upon receiving notifications thereof when using the Awfis Platform. Awfis shall not be liable for, and the User shall indemnify and hold Awfis harmless for, losses due to the User’s failure to take the foregoing steps with respect to a critical update.

9.19

The User shall be bound by and comply with any additional terms, conditions, and policies provided at a particular Work Space Solution relating to the use of a specific venue, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, prevention of sexual harassment at workplace policy, and other terms or procedures etc. (“Venue Policies”). The Venue Policies as described under this Agreement shall be applicable at the time of access/booking by the User and shall be made available upon request.

9.20

KYC Obligations: The User acknowledges and agrees that the User will be subject to Know-Your- Customer (KYC) processes from time to time. For the avoidance of doubt, KYC processes will be undertaken by a third party on behalf of Awfis, and the Users will be redirected to such third party’s platform for completion of KYC processes. Awfis will have the rights to access and download the KYC report of the User for its reference. For the avoidance of doubt, Users shall not be entitled to use Awfis Premises without completion of necessary KYC processes. The User represents, warrants, and undertakes that it shall unconditionally comply with the process requirement and that it shall provide all documentation and other allied information requested for the performance of the KYC process during the tenure of this Agreement and consents to the use/access/storage/processing of such KYC documents by Awfis, its appointed service providers, for the purposes of this Agreement. The User further undertakes that it shall also maintain all KYC-related updated documents of all its Users / Members (as applicable) throughout the Term and shall be solely responsible for such compliance and shall keep Awfis Indemnified Parties harmless and indemnified against any and all Losses due to any misleading or incorrect information or non-compliance of this Clause 9.20.

9.21

Anti-Bribery Obligation: The User shall ensure that none of its affiliates, associate companies, business partners, respective directors, officers, agents, employees, or any other persons acting for or on behalf of the User or any of its appointed Third Party (“Relevant Person”) shall: (i) take any action, directly or indirectly, that would result in a violation of any Applicable Laws (as amended from time to time) in relation to or connected with all applicable anti-corruption and anti-bribery laws, including, without limitation, using any corporate funds for any unlawful contribution, gift, entertainment, or other unlawful payments to any foreign or domestic government official or employee from corporate funds; (ii) offer, pay, promise to pay, or authorize the payment of any money, or offer, give, promise to give, or authorize the giving of anything of value or otherwise permit any of the above, to any officer, employee, or any other person acting in an official capacity for any government entity or to any political party or official thereof or to any candidate for political office (individually and collectively, a "Government Official") or to any person under circumstances where such Relevant Person knows or is aware of a high probability that all or a portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to any Government Official, for the purpose of securing any improper advantage; in order to assist the third party or any of its affiliates, subsidiaries, or joint ventures in connection with rendering or fulfillment of any services or any of its obligations under this Agreement or the Terms and Conditions, nor shall any Relevant Person accept anything of value for any of the purposes. The User has not been and, to the best of its knowledge, no employee, consultant, agent, or other person acting on its behalf has been, directly or indirectly involved in any act or omission in violation of any laws in relation to or connected with all applicable anti-corruption and anti-bribery laws nor has it been convicted of any offense under any of the anti-corruption laws.

9.22

Unpublished Price Sensitive Information (“UPSI”): The Parties shall ensure to keep confidential any information specifically declared to be “Confidential” between the Parties. Further, in pursuance of the applicable provisions of Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 (“PIT Regulations”), and based on the Member Company’s association with Awfis and the access that such association would provide to UPSI, the Member Company shall be considered an “insider” for purposes of the PIT Regulations. The Member Company shall keep UPSI so received confidential, except for the purposes of the PIT Regulations. The Member Company is bound to maintain the confidentiality of the information and to abide by the provisions of the PIT Regulations, as amended from time to time, which includes that the Member Company will not communicate or allow access to the confidential information to any other person, except in furtherance of legitimate purposes, performance of duties, or discharge of legal obligations and will not trade in securities of Awfis when in possession of such UPSI.

10.

RIGHTS AND OBLIGATIONS OF AWFIS:

10.1

Awfis hereby agrees to let the User run his/her/its business out of the Work Space Solution for the duration/period as accepted by Awfis under the Agreement.

10.2

Awfis has a right to terminate the Agreement of the User, if User is found to have contravened any of the terms and conditions contained herein or to have acted in a manner which in Awfis’ sole discretion hampers the use and enjoyment of the Work Space Solutions provided by Awfis and the Premises where it is located for others, including but not limited to other users of Awfis; the team of Awfis and guests, occupants, and contractors of the Premises where the relevant Work Space Solutions is located.

10.3

Awfis shall have the discretion to alter and/or vary the Work Space Solution given for use to the User as per agreed terms and conditions that shall not only be restricted to reduction of the term/period and variation of place/site/location of the Work Space Solution during the subsisting term/period under exceptional circumstances beyond the control of Awfis, including in case of termination of the master lease deed/license executed between Awfis and the owner of the Premises, by serving an advance notice of 30 days through e-mail, SMS, or other written notification upon the User. Awfis shall endeavor to provide a relocated Work Space Solution with similar facilities and infrastructure at any nearby location from the existing location of the Work Space Solution that is sought to be varied and/or altered by Awfis. The agreed terms and conditions shall remain applicable upon the Parties after relocation or/and variation. However, in case this variation/reduction/alteration/relocation is not acceptable to the User, it shall have the liberty for a pre-mature termination of the right of use and it shall be charged on a pro-rata basis for the period of usage. Notwithstanding anything to the contrary, the User shall have no right to continue usage of the Work Space Solution that has been sought to be varied/reduced in usage/altered/relocated by Awfis beyond the period approved.

10.4

The User shall be entitled to participate in any free or paid event upon payment hosted by Awfis or any of its affiliates/partners subject to availability of space and logistical requirements. The decision about the same would be at the sole discretion of Awfis. Awfis shall also have the right to restrict the use and provision of certain facilities/amenities/services with advance notice to the User sent through either of the accepted modes of communication.

10.5

Awfis is committed to providing Work Space Solution as defined under the scope of work in the Agreement. The amenities/complementary services/paid services and facilities may vary as per the venue. The User is obliged to check the list of available services, facilities, etc., at the time of booking.

10.6

Awfis may make Allied Services available at its discretion on request by User and upon making payment of Additional Charges as prescribed by Awfis for such Allied Services.

10.7

Awfis reserves the right of admission of any User to any Work Space Solution and the approval of the User or processing of an Agreement shall not confer any vested rights upon any person/member/user and/or its employees, agents, and affiliates, etc.

10.8

Awfis will endeavor to provide a conducive work environment and free access/paid access to all amenities/services/facilities in the Work Space Solutions as per the agreed terms and conditions.

10.9

Awfis shall have forthwith an unconditional and unilateral right to deny access to the User in the Work Space Solution upon default or delay in payment of the stipulated User charges as agreed between the Parties. Awfis shall also be entitled to use such a right if, in its decision/opinion, the breach of any Terms and Conditions by the User requires emergent denial of access to the User.

10.10

Awfis may use non-identifiable aggregate data (based partly on IP addresses) collected through the service to analyze service usage and system performance. Awfis may conduct surveys, monitor work trends, user behavior, etc. Such data may be used by Awfis and shared with third parties in any manner, primarily to assess and improve the Services being offered.

10.11

Awfis may provide Non-Public Information to service providers who help Awfis bring the services offered, such as hosting the service at a co-location facility, sending email updates about Awfis, removing repetitive information from its user lists, processing payments, providing search results, links, etc. In connection with these offerings and business operations, service providers of Awfis may have access to Non-Public Information of the User for use for a limited time in connection with these business activities.

10.12

Awfis may be required to disclose Non-Public Information including information relating to internet data and network traffic, etc., pursuant to lawful requests, such as summons or court orders, or in compliance with Applicable Laws. Additionally, Awfis may share Non-Public Information when it believes it is necessary to comply with the law, to protect Awfis’ interests or property, to prevent fraud or other illegal activity perpetrated through the Service or using the Awfis name, or to prevent imminent harm. This may include sharing Non-Public Information with other companies, lawyers, agents, government agencies, or any third party. Notwithstanding anything to the contrary, Users, including Virtual Office Users, unconditionally authorize Awfis to, and agree and acknowledge that Awfis shall have the right to, disclose any information and documentation of and/or relating to the User or its Members, including confidential information, with any Governmental Authority without any restrictions thereon by the User, or which is required by Applicable Law to be disclosed to any person who is authorized by Applicable Law to receive the same.

10.13

Awfis may offer to provide services jointly with other companies and Awfis may share Non-Public Information with that company in connection with such offer or use of that service.

11.

THIRD PARTY ADVERTISEMENT/SIGNAGE RIGHTS

12.

INDEMNITY OBLIGATIONS

User shall, and agrees and undertakes to at all times, indemnify and keep indemnified and hold harmless Awfis and its affiliates and their respective directors, officials, employees, representatives, agents etc. (collectively, “Awfis Indemnified Parties”) of, from and against any and all Losses which may be incurred or suffered by or caused to an Awfis Indemnified Party by reason of: (a) any breach, default, contravention, non-observance or non-performance of the Terms and Conditions, including any provisions of this Agreement; and/or (b) negligence, fraud, misconduct, by the User itself or any of employees or Members or authorized agents or guests (collectively, the “User Indemnifying Parties”).

12.1

The Work Space Solutions shall at all times remain the property of Awfis and Awfis shall have the right to display advertisements of third parties on the Work Space Solutions made available to User. For certain Work Space Solutions, Awfis may at its discretion allow the User to execute internal branding at the User’s own cost and as per the Awfis rate price then applicable for such branding/promotional activity, within the Office Space areas occupied by Awfis and at the reception, cafeteria, etc.

12.2

If included within the offerings for such Work Space Solution, Awfis will provide the User with designated space for display of signage which shall be mutually agreed, as per the building norms/bye-laws and shall be prepared as per the requirements of Awfis in terms of design and aesthetics, at the cost of the User. It is, however, clarified that any taxes payable to the governmental and/or statutory authorities for putting up such signage(s) shall be borne by the User. It is further clarified that the User shall, at its own cost, manage the upkeep and shall be responsible for approvals, if required. It shall be the responsibility of the User to ensure that the display of the signage is in accordance with rules, regulations, and bye-laws issued by appropriate authorities, including any rules in relation thereto prescribed by Awfis, the Premises owners/management, from time to time.

13.

DISCLAIMER/ LIMITATION OF LIABILITY

13.1

Notwithstanding anything else in this Agreement to the contrary, the aggregate liability of Awfis under this Agreement or otherwise (regardless of the form of action giving rise to such liability and whether such action is in contract, tort, or otherwise) shall be limited to the fee paid by the User in the last three months in accordance with this Agreement; and in no event shall Awfis be liable for any indirect, incidental, special or punitive damages, loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third-party claims or any consequential loss, including that of Virtual Office, even if Awfis had been advised of the possibility of such damages.

13.2

Awfis shall not be liable for any Losses whatsoever for loss or damage to any vehicle or property or any damage or injury to any person arising or for the prevention of ingress to or egress from a parking space caused by the use or attempted use of such parking space.

13.3

Except as expressly provided herein, to the maximum extent permitted by Applicable Law, Awfis disclaims all warranties of any kind, express or implied, including the implied warranties regarding the reliability, timeliness, quality, suitability, or availability of the Services, including that of Virtual Office, and does not guarantee that the services will be uninterrupted or error-free. Awfis also does not guarantee the quality, suitability, safety, or ability of third-party providers.

13.4

Awfis disclaims all representations and warranties, express, implied, or statutory (including the feasibility or any change in regulatory position for use of the space for GST or other licenses), not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.5

User agrees that the entire risk arising out of his/her/its use of the services, including that of Virtual Office, and any services or goods requested in connection therewith, remains solely with the User.

13.6

Awfis encourages all its Users to take full responsibility for their belongings.

13.7

Unless explicitly provided by Awfis as a specific service or deliverable, obtaining sufficient insurance coverage shall be the obligation/option of the User, and Awfis shall not accept any claims arising out of such contingencies.

13.8

Awfis shall not be liable for delay or failure in performance resulting from causes beyond Awfis’ reasonable control.

14.

FORCE MAJEURE

“Force Majeure Event” shall mean an event where the Office Space or part thereof are destroyed or damaged due to war, terrorism, tempest, flood, fire, cyclone, earthquake, riots, or any other calamity/ act of God preventing the User from accessing the Office Space or preventing Awfis from performing its obligations in whole or in part under this Agreement, in each case for a continuous period of ninety (90) Regular Business Days.

In the event where a Force Majeure Event continues for ninety (90) days and Awfis is unable to repair and restore the Office Space within that time then Awfis and/or the User may terminate this Agreement by providing a 30 (thirty) days’ notice in writing and this Agreement shall stand terminated automatically upon the expiry of such 30 (thirty) days. The User shall however be liable to pay to Awfis, the Monthly Charge as may be payable by the User to Awfis under the Terms and Conditions, including this Agreement, till the date of such termination or exit from of the Office Space.

15.

CONFIDENTIALITY

15.1

Both parties shall ensure that during the Term of this Agreement and at all times thereafter it shall keep confidential and cause their respective Affiliates, directors, officers, representatives, employees and agents, as the case may be, to keep confidential any Confidential Information of the other which any such persons / personnel may acquire in relation to the transactions contemplated by this Agreement or in relation to the employees, User’s, business or affairs of the other and shall not use or disclose such information except with the prior written consent of the other. The restrictions in this Clause 15.1 shall not apply to any information:

  • (a) which is at the date of this Agreement publicly available other than through breach of this Agreement by Awfis;
  • (b) which was known to Awfis as evidenced by its written records, prior to it receiving such confidential information;
  • (c) which subsequently comes lawfully into the possession of Awfis by a third party which did not require any obligation of confidentiality; or
  • (d) which is required to be disclosed in accordance with the requirements of Applicable Law or any Governmental Authority.

15.2

For the purposes of these Terms and Conditions, “Confidential Information” of the User means all the information of a confidential nature disclosed and marked as confidential in writing by the Member Company to Awfis either immediately before or after the date of first availing any service or Work Space Solution from Awfis. Provisions of this Clause shall survive perpetually.

15.3

Notwithstanding any obligation on Awfis, if any confidential information relating to any User of Awfis or that of Awfis comes in knowledge of the User, its affiliates, directors, officers, employees, guests, customers or other users of the Office Space etc. while in occupation and use of Office Space or otherwise, then it shall forthwith bring the same to the knowledge of Awfis and treat and keep the same confidential till the time any specific instruction is given to transfer or dispose-off such information or data.

16

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms and Conditions (and by extension, all policies, including the Privacy Policy) are governed and construed in accordance with laws of India. In the event of any dispute arising between the parties with respect to these Terms and Conditions and/or the Services, the Parties shall endeavour to resolve the dispute amicably. The courts at New Delhi shall have exclusive jurisdiction in relation to these Terms and Conditions.

17

MISCELLANEOUS

17.1

Intellectual Property: The User acknowledges that all intellectual property rights in and with respect to the Awfis Platform and Work Space Solutions (the “IP Rights”) are and will remain the sole and exclusive property of Awfis. The User shall not use data, logos, pictures, banners, sounds or any other visual or acoustic presentation that resemble but are not, in fact, an original and up-to-date presentation of such IP Rights. The User agrees to not reverse engineer or disassemble any part of Awfis’s IP Rights including, but not limited to, the source codes, software, and processes pertaining to the Awfis Platform. The User agrees not to apply for registration or register in its name or on behalf of any other third party, any identical and/or similar IP Rights owned and/or used by Awfis. The User represents and warrants that it is the absolute owner of its intellectual property that it provides to Awfis, including its trade name and marks, or any testimonials it may provide for the Services, which it unconditionally authorizes and licenses Awfis to use in its marketing and/or promotional materials, including on its Platform or other communications (such as corporate decks) listing the User as its customer, without the requirement of obtaining any prior written consent in this regard.

17.2

Waiver: Any failure on the part of Awfis to require performance of any provision of these Terms and Conditions shall not affect its right to full performance thereof at any time thereafter, and any waiver by Awfis of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

17.3

Assignments: You shall not assign or transfer any rights, obligations, or privileges that you have under these Terms and Conditions, without the prior written consent of Awfis. Subject to the foregoing, these Terms will be binding on your legal heirs, successors, and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. Awfis’s rights under the Terms are freely transferable by Awfis to any third parties without the requirement of intimating you or seeking your consent.

17.4

Updates/Modifications: Awfis reserves the right to change/modify/alter/vary/delete/add any of the Terms and Conditions (including this Agreement and any policies) or to update the Services and the Awfis Platform to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time, with or without explicit notice of such changes to the Users. If we do this, depending on the nature of the change, we will post the changes on the Platform and indicate at the top of the legal page the date these terms were last revised. The User is under an obligation to update itself with any such change made by Awfis in this regard. Any changes addressing new functions of the Awfis Platform or changes made for legal reasons will be effective immediately. Your continued use of the Awfis Platform after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions. In all other cases, User agrees that the amended Terms and Conditions will be effective and binding the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on the Awfis Platform. To make sure you are aware of any changes, please periodically review the Platform for any updates to the Terms. These Terms shall apply when you access the Awfis Platform or create an Account and shall remain valid and binding on you for so long as you maintain the Account.

17.5

Severability: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future Applicable Laws, such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and the remaining provisions of the Terms and Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom.

18.

CONTACT

If you have any questions regarding the Services or usage of the Awfis Platform, please contact Awfis at info@awfis.com Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validating and taking your service request.

B. USER AND GUEST POLICY

1.

Subject to compliance with the Terms and Conditions, including by the Guests and Visitors, User shall be free to invite its Guests and Visitors at Awfis Work Space Solution.

2.

Guest shall mean a person who accompanies the User for a continuous duration of 1 hour or more, and Visitor shall mean a person who visits the User for a duration of 1 hour or less at the Awfis Work Space Solution. However, neither the Guest nor the Visitor shall be a Member of the User.

3.

Common Area shall mean the waiting area around the Awfis reception, excluding the areas dedicated for use by the Users. Dedicated User areas include meeting rooms/lounges, conference rooms, dedicated and non-dedicated workstations, community area etc.

4.

The number of persons permissible as User’s Guest/s shall depend upon the type and plan of booking by the User.

5.

The User shall be responsible for booking sufficient Work Space Solution to accommodate its Guests at the time of booking. Awfis shall not be responsible for providing any additional space beyond the Common Area.

6.

Guests will be allowed in the Common Area as per the availability of space, subject to the discretion of Awfis.

7.

If a Guest stays for more than 1 hour without sufficient space being booked by the User, the User shall be required to purchase a Day Pass. Day Pass shall mean an amount equivalent to the fee for booking a Daily Flexi Seating Plan or the equivalent fee for booking a Meeting Room/Conference Room, subject to the availability of Work Space Solution and at the sole discretion of Awfis.

8.

In the event of sufficient space not being booked by User and sufficient space also not being available for the purpose of Day Pass, the Guest shall not be allowed to stay at Work Space Solution for more than 1 hour.

9.

User shall ensure that its Guests and Visitors carry valid Identity Proof with them failing which they shall be denied access to Awfis Work Space Solution.

10.

User shall be solely responsible and liable for any actions/omission/commission and behaviour of its Guests and Visitors during their visit at Awfis Work Space Solution.

11.

User understands and agrees that any parking facilities (four-wheeler/two-wheeler etc.) at the Premises or otherwise shall always be at the owner’s risk and liability.

12.

The User shall, and shall ensure that its visitor shall:

  • (a) keep the Work Space Solution and the Premises housing it clean, tidy and clear of rubbish;
  • (b) take good care of the Work Space Solution and the Premises housing it and not damage any fixture plant, equipment, and services.
  • (c) not make any alteration or addition whatsoever to Work Space Solution and the Premises housing it;
  • (d) not install any furniture, partitions, lighting, air conditioning or anything else without the prior written consent of Awfis, if consented to by Awfis the User shall pay additional charges for such usage as demanded by Awfis;
  • (e) not use electrical devices that incur a total load of greater than 300W per workstation. The User shall pay additional charges for such usage, if agreed to by Awfis at its sole discretion, unless undertaken with prior written permission of Awfis;
  • (f) comply with all laws and statutes and not do or suffer to be done anything illegal or immoral or which may become a nuisance, annoyance or inconvenience to use or to any other Awfis user or its guests;
  • (g) comply with all rules and regulations specified in the directory of services
  • (h) keep the Awfis Indemnified Parties harmless and indemnified against any and all Losses arising out of use of Work Space Solutions by User;
  • (i) use the Work Space Solutions only as per the definition of Work Space Solution as defined under this Agreement and not for any other use that provide services directly to visiting public etc.;
  • (j) not to carry on a business that competes with the business of Awfis or associate its trading name or those of its agents in any way that implies a connection of such competing business with the business of Awfis; and
  • (k) not use the Work Space Solution as its registered office, place of business for the purposes of Goods and Services Tax registration or postal address, without prior written permission of Awfis and obtaining a No Objection Certificate (‘NoC’) from Awfis which shall be at Awfis’ sole discretion.

13.

Centre Rules -In addition to the rules and policies that may be applicable to specific Centres / Office Space / Premises, the User shall follow the following rules and obligations while using the Premises:

  • (a) All the Users of the Premises shall be above the age of 18 years. Any person who is below 18 years of age can only transact under the registration of his/her legal guardian/parents. Awfis reserves the right to terminate any use or access to Work Space Solution if it is found that the User is ineligible to use the Platform on account of being a minor. Any use or access of a Work Space Solution by anyone under 18 except under that of his/her legal guardian/parents is unauthorized and in violation of these Terms and Conditions.
  • (b) The User shall be solely and fully responsible for ensuring that no alcohol/intoxicating substance/drugs/cigarettes/is consumed by any of its Members or guests at Work Space Solutions. Subject to the User always complying with requirements of Applicable Laws, including obtaining licenses if any, Awfis at its discretion may allow usage of alcoholic drinks for specific events etc
  • (c) The User shall not store any goods of hazardous or combustible nature at the Office Space or the Premises.
  • (d) The User shall maintain a peaceful environment at Work Space Solution and not disturb other users working at the Work Space Solution. The User shall not create any kind of disturbance /nuisance including playing loud music or creating noise by any action or inaction so as to inconvenience others. The User shall not use obscene/abusive language at the Work Space Solution.
  • (e) Non-Disparagement: User shall, during and after the participation in and use of the Work Space Solution, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Awfis and/or its Affiliates, or any of their respective officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
  • (f) The User understands that the Awfis Work Space Solution is always under CCTV surveillance and gives its consent for the same.
  • (g) The User shall be responsible for the security of its own device. Awfis shall not be responsible for any unauthorized control/access over User’s device/computer system by hackers or crackers
  • (h) The User shall not store any goods, materials or machinery which are so heavy so as to affect the construction or the structure of the Office Space / the said Premises or any part thereof.
  • (i) The User will be responsible for the damages to the Premises exceeding any normal wear and tear. The User shall be responsible for leaving the Work Space Solutions provided by Awfis in the condition that it was given to it. The User may be held liable for the repair and/or replacement cost for all damages to the Work Space Solutions and items therein during its use thereof and the same shall stand adjusted from the User’s wallet, Commitment Deposit and/or shall be payable by User.
  • (j) That the User shall immediately notify Awfis immediately in case there is a change in its registered office address, contact, and/or payment information.
  • (k) The User will not perform any activity or cause or permit anything that is reasonably likely to be disruptive or dangerous to us or any other Member Companies, or our or their employees, guests or property, including without limitation the Premises.
  • (l) The User shall not entice the third parties for the wrongful gains, in the Premises during the Term or tenure of this Agreement. In case, such enticement is found, wherein the Member Company for the wrongful gains have acted and caused wrongful loss to any third party/parties, Awfis shall be entitled to terminate this Agreement without assigning any reasons and the User shall completely exit from the Premises on immediate basis without any protest and demur, at User’s own cost and expense. Awfis shall not be responsible in any manner whatsoever for the action taken by such third party/ies or authority against the User for their wrongful gains due to such enticement.
  • (m) The User will not use the Premises illegally or in any other nature other than the nature given in this Agreement
  • (n) The User will not install any locks to access the Premises, unless the same is authorized in writing by Awfis in advance.
  • (o) The User will not make any copies of any key(s), keycard(s) or other means of entry to the Premises or lend, share or transfer any keys or keycard(s) to any third party, unless authorized by Awfis in advance
  • (p) The User employees or representatives will not allow any guest(s) to enter the Premises without registering such guest(s) in the logbooks when they enter the Premises and the Member Company shall be responsible and liable for the activities/actions or omissions of any activity/action of any such guests entering the Premises.
  • (q) The User will not take, copy or use any information or intellectual property belonging to Awfis or their Members or guests, including without limitation any confidential or proprietary information, personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same, and this provision will survive termination of this Agreement. The User will not take, copy or use for any purpose the name “Awfis” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of the Premises, without our prior consent, and this provision will survive termination of this Agreement.
  • (r) The User agrees that the computers, tablets, mobile devices and other electronic equipment of the employees or representative or agents of the Member Company must be (i) kept up-to-date with the latest software updates provided by the software vendor and (ii) kept clean of any malware, viruses, spyware, worms, Trojans, or anything that is designed to perform malicious, hostile and/or intrusive operations. Awfis reserve the right to remove any device from our networks that poses a threat to our networks or users until the threat is remediated.
  • (s) The User agrees that if any employee of the Member Company resigns on his own accord or the services of any employee of the Member Company, are terminated (on any ground whatsoever) during the tenure of this Agreement, the Member Company irrevocably agrees and undertakes to intimate Awfis in writing, before the expiry of last working day of such employee of the Member Company, and shall return back all the assets (including but not limited to Identity Card etc.) being held by such resigned / terminated employee, to the Awfis before the expiry of such last working day.
  • (t) The User irrevocably agrees that before removal of the IT equipments, assets, or any other office fixtures etc. from the Premises, during or upon expiry of the tenure of the Agreement, it shall take a Clearance and No Objection Certificate (CNoC) from Awfis. The User also unconditionally undertakes to take such CNoC from Awfis at the time of termination of the Agreement (on any ground whatsoever) or if the Agreement is determined by efflux of time. The CNoC shall be subject to clearance of all dues by the Member Company as per the terms of the Agreement.
  • (u) User shall be provided with a digital wallet to be used within the Awfis ecosystem. It shall be the responsibility of User to keep its username and password safe and secure. In case the User knows or suspects that someone unauthorized knows its password or any other security breach, then User shall notify Awfis by contacting immediately and in no event later than 24 hours through the address provided in the “Contact Us” section of the Website. Awfis shall not be responsible for any transaction/misuse done on the Awfis wallet with hacked credentials.
  • (v) When the User uses the Service, certain information the User posts or shares with third parties (including other Users), such as comments, reviews or other information, may be shared with other Users in accordance with the privacy settings the User selects. All such sharing of information is done at the User’s own risk.
  • (w) The User shall ensure that it does not employ, engage or otherwise use any child labor in circumstances such that the tasks performed by any such child labor whether directly or indirectly related to the Premises of Awfis, which is in contravention of the Child Labor (Prohibition and Regulation) Act, 1986, and other related applicable laws. That the User shall ensure that they will follow the rules laid down concerning the minimum age of employment for children.
  • (x) The User shall ensure that it does not use forced labor in any form (prison, indentured, bonded or otherwise) directly or indirectly related to the premises of Awfis, which is in contravention of the Bonded Labor System (Abolition) Act, 1976, and other related applicable laws. That the User shall follow the rules and regulations laid down in this regard.

C. CANCELATION AND REFUND POLICY

1.

For Fixed / Flexi / Office work station.

1.1

For daily usage

  • (a) If cancellation is made within 24hrs. from the scheduled time of use no amount shall be refunded by Awfis.
  • (b) If cancellation is made before 24hrs. of the scheduled time of use, 25% of the advance paid will be refunded.

1.2

For Weekly usage

  • (a) If cancellation is made within 24hrs. from the scheduled time of use no amount shall be refunded by Awfis.
  • If cancellation is made before 24hrs. of the scheduled time of use, 50% of the advance paid will be refunded.

1.3

For Monthly usage and above

  • (a) If cancellation is made within 24hrs. from the scheduled time of use no amount shall be refunded by Awfis.
  • (b) If cancellation is made before 24hrs. of the scheduled time of use, 50% of the advance paid will be refunded.

2.

For Conference Room usage

  • (a) If cancellation is made within 24hrs. from the scheduled time of use no amount shall be refunded by Awfis.
  • (b) If cancellation is made before 24hrs. of the scheduled time of use, 50% of the advance paid will be refunded.

3.

For Meeting Room

  • (a) If meeting room booking done using credits - No refund shall be made by Awfis in case of cancellation.
  • (b) If meeting room booking done using any other acceptable payment mode – if the meeting room is booked for the next day, and cancelled before 11.59 PM IST of the previous day, then 50% cancelation charges shall be levied and only 50% of the advance paid shall be refunded. However, there cannot be any cancelation beyond 11.59 PM IST of the previous day and any cancellation after midnight of the day of the scheduled booking time, no refund shall be made.

4.

For Virtual Office

  • (a) If cancellation is made for reasons solely attributable to Awfis, then advance paid by the User will be fully refunded by Awfis.
  • (b) Any other cancellations – no refund shall be made by Awfis.

5.

Any refund to be processed by Awfis in accordance with this Cancellation and Refund Policy shall require at least 10 Regular Business Days from the date of such cancellation, and any additional time that may be required by banking channels for processing such refund.

6.

The aforementioned is subject to the User abiding by the Terms and Conditions, including the Agreement. In case of breach of any Terms and Conditions by the User, Awfis shall have right to terminate the Agreement and/or deny access to Work Space Solution by the User. Such termination or denial of access shall automatically result into cancellation by Awfis and refund to the User, if any, shall be at the sole discretion of Awfis.

7.

If any variation/reduction/ alteration/relocation of Work Space Solution made by Awfis as per the Terms and Conditions is not acceptable to the User, it shall have the liberty for a pre-mature termination of the right of use and it shall be charged on a pro-rata basis.

8.

In the case of cancellation of Work Space Solution, either by Awfis or User the same shall also mean cancellation of services, amenities, products etc. offered by Awfis.

9.

In case of any cancellation the current service tax rate on the advance will be retained by Awfis as it is to be paid by it to the concerned authorities. The Credit Card/Debit Card charges and/or any other applicable taxes or charges on the amount not refunded to the User shall be charged to the User.

10.

The refund will be made in the same mode of payment used while booking.

11.

The booking is not officially cancelled until the User receives a cancellation confirmation through E-mail/SMS/Notification on the Platform from Awfis. In case confirmation of cancellation is not received by the User, it shall be the duty of User to contact and inform Awfis about the same.