FOUNDERVINE SPACES
MEMBERSHIP TERMS AND CONDITIONS
These Terms govern the Member’s Membership of Foundervine Spaces and the Member’s use of the Premises and the Services. By applying for Membership and accepting these Terms (whether by clicking “I accept” or by other electronic means), the Member agrees to be bound by these Terms.
1. Definitions and Interpretation
In these Terms and Conditions (the “Terms”), the following words and expressions shall have the following meanings:
“Foundervine” means Foundervine CIC (company number 11173778) whose registered office is at Unit 2 Three Deal Porters Way, London, England, SE16 2FR;
“Member” means the individual who has accepted these Terms and whose application for Membership has been approved by Foundervine;
“Membership” means the membership of Foundervine Spaces granted to the Member pursuant to these Terms;
“Membership Fee” means the fee payable by the Member for the Membership, as set out in the Membership Plan selected by the Member at the time of registration or as subsequently varied in accordance with these Terms;
“Membership Plan” means the type of membership selected by the Member (including any applicable tier, desk allocation, and billing period), details of which are set out on the Foundervine Spaces platform at the time of purchase;
“Membership Period” means the period for which the Membership is granted, as specified in the Member’s Membership Plan, commencing on the Start Date;
“Premises” means the co-working space operated by Foundervine at Part Level 1, Three Deal Porters, Canada Water, London SE16 2FR;
“Workspace” means the desk, workstation, or other working area within the Premises allocated to the Member in accordance with their Membership Plan;
“Start Date” means the date on which the Member’s Membership commences, as notified to the Member by Foundervine following acceptance of the Member’s application;
“Services” means the services provided by Foundervine to the Member as part of the Membership, as described in clause 3;
“House Rules” means the rules and policies relating to the use of the Premises, as published by Foundervine and updated from time to time;
“Common Areas” means those parts of the Premises that are shared between Members and are not allocated as a Workspace to any individual Member, including kitchen areas, breakout spaces, and meeting rooms;
2. Services
Subject to the Member’s compliance with these Terms and payment of the Membership Fee, Foundervine shall provide the Member with the following Services during the Membership Period:
(a) access to and use of the Workspace allocated to the Member in accordance with their Membership Plan;
(b) access to and use of the Common Areas, including kitchen facilities, breakout areas, and shared amenities;
(c) use of shared Wi-Fi and internet connectivity;
(d) electricity and lighting for reasonable office use;
(e) heating and air conditioning during standard operating hours;
(f) access to meeting rooms within the Premises (4-seat room: £20/hour; 8-seat room: £35/hour), subject to availability and prior booking via the Foundervine Spaces platform;
(g) use of printing and copying facilities, subject to any fair use limits notified by Foundervine from time to time;
(h) acceptance of mail and small package deliveries on behalf of the Member at the Premises during standard operating hours; and
(i) access to phone booths, quiet zones, coffee bar, and lounge areas within the Premises;
(j) access to and use of the Foundervine Spaces platform for booking, account management, and communications.
Save for meeting room bookings (which are separately charged as set out above), all utilities, amenities, and services described above are included in the Membership Fee.
The Building in which the Premises are situated includes certain shared amenities provided and managed by the building landlord (the “Building Amenities”), which may include an outdoor terrace, cycle parking, lockers, shower facilities, and a leisure centre. Access to the Building Amenities is not provided or guaranteed by Foundervine. The Building Amenities are managed by the building landlord (or, in the case of the leisure centre, Southwark Council) and may be varied, restricted, or withdrawn at any time without notice to the Member. Members use the Building Amenities entirely at their own risk and subject to any rules imposed by the building landlord or facility operator.
3. Desk Allocation and Workspace
Members shall be allocated a Workspace in accordance with their Membership Plan. Membership Plans may include, without limitation, the following tiers:
Launch (from £249 per month): daily shared workspace access (hot desk); access to all amenities including phone booths and quiet zones, coffee bar and lounge areas, and printing and business services; community discounts; community events; and priority on events waiting list.
Grow (from £399 per month): daily desk access; fixed desk allocation; access to all amenities; community discounts; and community events
Scale (from £499 per month): daily desk access; fixed desk allocation; registered business address and mail handling; one hour per month consultation with the Entrepreneur-in-Residence team; and add-on discounts (20% off additional hot desk; 30% off additional fixed desk).
Day Pass (£40 per day): professional co-working access for one day; high-speed Wi-Fi; access to coffee and tea station; and networking opportunities. Day Passes do not include a fixed desk allocation, registered business address, or mail handling.
4. Membership Fees and Payment
The Member shall pay the Membership Fee applicable to their Membership Plan. Unless otherwise specified in the Membership Plan, the Membership Fee shall be payable monthly in advance from the 1st of the month. Payment for membership plans that begin during the month will be pro-rated and payment is due before the membership commences
The Membership Fee shall be payable by direct debit, credit card, or such other payment method as Foundervine may accept from time to time. The Member shall provide accurate and complete billing information and shall promptly update such information if it changes.
If any Membership Fee or other amount due under these Terms is not paid by the due date, Foundervine reserves the right to: (a) charge interest on the overdue amount at the rate of 4% per annum above the Bank of England base rate from time to time; (b) suspend the Member’s access to the Premises and the Services until all outstanding amounts are paid in full; and (c) terminate the Membership in accordance with clause 14.
Foundervine may increase the Membership Fee from time to time by giving the Member not less than 30 days’ written notice prior to the commencement of the next billing period. If the Member does not wish to continue their Membership at the revised fee, the Member may terminate their Membership in accordance with clause 14 before the fee increase takes effect.
5. Refunds and Cancellation
Cancellation of Renewal.
The Member may cancel the automatic renewal of their Membership by giving not less than 30 days’ written notice of non-renewal in accordance with clause 14 (Term, Renewal, and Termination). Such notice may be given via the Foundervine Spaces platform or by contacting Foundervine in writing. Any such cancellation shall take effect at the end of the then-current paid Membership Period, and the Member shall continue to have access to the Premises and the Services until that date.
No Refund on Voluntary Cancellation.
Except where required by law or expressly stated otherwise in these Terms, Membership Fees paid are non-refundable. Where a Member cancels their Membership or cancels the renewal of their Membership, no refund or pro rata credit shall be payable in respect of the then-current Membership Period.
Consumer Cooling-Off Right .
Where the Member is a consumer and the Membership is concluded at a distance (including online), the Member has the right to cancel their Membership within 14 days of the Start Date (the “Cooling-Off Period”) without giving any reason. To exercise the right to cancel, the Member must inform Foundervine of the decision to cancel by a clear statement (for example, by email to spaces@foundervine.com or via the Foundervine Spaces platform).
If the Member cancels within the Cooling-Off Period and has not used the Premises or the Services, Foundervine shall refund the full Membership Fee within 14 days of receiving the cancellation notice. If the Member has requested that the Services begin during the Cooling-Off Period and has used the Premises or the Services prior to cancellation, the Member shall pay an amount proportionate to the Services provided up to the date of cancellation, calculated on a daily pro rata basis. Foundervine shall refund the balance of the Membership Fee (less such proportionate amount) within 14 days of receiving the cancellation notice.
The Member acknowledges that by requesting access to the Premises or use of the Services prior to the expiry of the Cooling-Off Period, the Member expressly requests that Foundervine begin providing the Services during the Cooling-Off Period.
Termination by Foundervine for Member Default.
Where Foundervine terminates the Membership pursuant to clause 14 due to the Member’s breach of these Terms, failure to pay Membership Fees, misconduct, breach of the House Rules, or any other default by the Member, no refund or pro rata credit shall be payable to the Member in respect of any Membership Fees paid.
Termination by Foundervine Without Member Fault.
Where Foundervine terminates the Membership for reasons other than the Member’s default (including, without limitation, where Foundervine’s lease of the Premises is terminated or expires, or where Foundervine is otherwise unable to provide the Workspace), Foundervine shall refund to the Member a pro rata amount of the Membership Fee corresponding to the unused portion of the then-current paid Membership Period, calculated on a daily basis. Such refund shall be paid within 14 days of the termination taking effect.
Day Passes and Meeting Room Bookings.
(a) Day Passes may be cancelled up to 24 hours before the booked date for a full refund; cancellations within 24 hours are non-refundable.
(b) Meeting room bookings may be cancelled up to 6 hours before the booking time for a full refund; cancellations within 6 hours are non-refundable.
(c) No-shows may forfeit the full booking fee.
6. Member Obligations
The Member shall:
(a) use the Premises and the Workspace solely for the purpose of general office use and in a manner consistent with a shared co-working environment; and
(b) comply with the House Rules and any reasonable directions given by Foundervine or its staff from time to time in relation to the use of the Premises.
7. Damage, Alterations, and Property
The Member shall not cause or permit any damage to the Premises, the Workspace, or any fixtures, fittings, or furnishings provided by Foundervine, beyond normal wear and tear. The Member shall be liable for and shall reimburse Foundervine on demand for the cost of repairing or replacing any damage caused by the Member or any person the Member permits to enter the Premises.
The Member shall not make any alterations, additions, or installations to the Workspace or any other part of the Premises without the prior written consent of Foundervine.
The Member shall not bring any furniture, equipment, or other items onto the Premises without the prior written consent of Foundervine. Foundervine shall provide all furniture and equipment reasonably necessary for the Member’s use of the Workspace as part of the Services.
The Member acknowledges that Foundervine shall have no responsibility for any personal property brought onto the Premises by the Member. The Member is responsible for the security of their own belongings at all times.
Upon termination or expiry of the Membership, the Member shall remove all personal property from the Premises. Any property remaining after 7 days following termination may be disposed of by Foundervine without liability to the Member.
Foundervine may reallocate the Member’s Workspace from time to time, acting reasonably. Where the Member has a fixed desk Membership Plan, Foundervine shall give the Member not less than 5 Business Days’ prior notice of any such reallocation. Where the Member has a hot desk Membership Plan, Foundervine may reallocate the Member’s Workspace on request.
The Member shall not:
(a) use the Premises for any purpose other than general office use, or for any retail, medical, residential, or other non-office purpose;
(b) carry on any illegal, immoral, or offensive activity at the Premises;
(c) cause any nuisance, disturbance, or annoyance to other Members, occupants of the building, or neighbouring premises;
(d) smoke (including e-cigarettes) anywhere on the Premises or in the Building;
(e) sub-licence, share, or permit any other person to use the Member’s Workspace or Membership, whether for payment or otherwise;
(f) do or permit anything which may vitiate or increase the premium payable under any insurance policy relating to the Premises or the Building;
(g) store any hazardous, inflammable, or dangerous substances at the Premises; or
(h) do or permit anything which may be in breach of any planning permission, building regulations, or other statutory requirements applicable to the Premises or the Building.
8. Insurance
Foundervine shall maintain appropriate insurance in respect of the Premises, including public liability insurance. A summary of the insurance cover maintained by Foundervine is available on request and shall be provided to the Member prior to the Start Date.
The Member is responsible for insuring their own personal property brought onto the Premises. Foundervine shall not be liable for any loss of or damage to the Member’s personal property, howsoever caused, except to the extent caused by the negligence or wilful default of Foundervine or its staff.
Foundervine reserves the right to refuse Membership, terminate a Membership, or suspend a Member’s access to the Premises in accordance with these Terms.
9. Intellectual Property
All intellectual property rights in the Foundervine name, branding, the Foundervine Spaces platform, and any materials provided by Foundervine in connection with the Services remain the property of Foundervine (or its licensors). The Member shall not use the Foundervine name, logo, or branding for any purpose without Foundervine’s prior written consent.
10. Data Protection and Privacy
Foundervine shall process the Member’s personal data in accordance with its Privacy Policy, a copy of which is available at https://www.foundervine.com/legal/privacy-policy and which forms part of these Terms. The Member acknowledges that Foundervine may be required to share certain information about the Member (including the Member’s name and contact details) with the Landlord in order to comply with the terms of its lease. By accepting these Terms, the Member consents to such disclosure to the extent necessary for this purpose.
11. Indemnity
The Member shall indemnify Foundervine and keep Foundervine indemnified against all losses, claims, demands, actions, proceedings, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) any breach by the Member of these Terms or the House Rules;
(b) any damage to the Premises or the Building caused by the Member or any person the Member permits to enter the Premises;
(c) any injury to any person caused by the negligent act or omission of the Member; and
(d) any claim by a third party arising from the Member’s use of the Premises.
12. Limitation of Liability
(a) Nothing in these Terms shall exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by applicable law.
(b) Subject to the foregoing, Foundervine’s total aggregate liability to the Member under or in connection with these Terms (whether in contract, tort, negligence, or otherwise) shall not exceed the total Membership Fees paid by the Member in the 12 months immediately preceding the event giving rise to the claim.
(c) Subject to the foregoing, neither party shall be liable to the other for any indirect, consequential, or special loss or damage, or for any loss of profit, loss of business, loss of revenue, or loss of anticipated savings, in each case howsoever arising and whether caused by tort (including negligence), breach of contract, or otherwise.
13. Term, Renewal, and Termination
The Membership shall commence on the Start Date and shall continue for the Membership Period specified in the Member’s Membership Plan (the “Initial Term”).
At the end of the Initial Term (and at the end of each subsequent renewal period), the Membership shall automatically renew for successive periods of 12 months / the same duration as the Initial Term on the same terms (subject to any fee increase notified in accordance with these Terms), unless either party gives the other not less than 30 days’ written notice of non-renewal prior to the end of the then-current period.
Foundervine may terminate the Membership immediately by written notice to the Member if:
(a) the Member commits a material breach of these Terms which (if capable of remedy) is not remedied within 14 days of written notice from Foundervine requiring its remedy;
(b) the Member fails to pay any Membership Fee or other amount due under these Terms within 14 days of the due date;
(c) the Member engages in conduct which, in Foundervine’s reasonable opinion, is likely to bring Foundervine, the Premises, or other Members into disrepute;
(d) the Member becomes bankrupt or enters into an individual voluntary arrangement; or
(e) Foundervine’s lease of the Premises is terminated or expires for any reason.
14. Nature of the Agreement
The Member acknowledges and agrees that:
(a) these Terms constitute a contract for services and do not create any lease, tenancy, or other proprietary interest in the Premises or any part thereof. The Member occupies the Workspace as a licensee only and shall not acquire any security of tenure or other rights under the Landlord and Tenant Act 1954 or otherwise;
(b) Member does not have exclusive possession of any part of the Premises, and Foundervine retains the right to access, manage, and control the Premises at all times; and
(c) Foundervine provides the Premises and the Services pursuant to a lease with the building landlord (the “Landlord”), and the Member’s rights under these Terms are subject to and limited by the terms of that lease.
15. Amendments
Foundervine may amend these Terms from time to time by giving the Member not less than 30 days’ written notice (including by email or through the Foundervine Spaces platform). The Member’s continued use of the Services after the amended Terms take effect shall constitute acceptance of the amended Terms. If the Member does not agree to the amended Terms, the Member may terminate the Membership by giving notice before the amended Terms take effect.
16. General Provisions
Waiver. No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of that right or remedy or the exercise of any other right or remedy.
Severability. If any provision of these Terms is held by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the remaining provisions.
17. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
18. Notices and Contact
Any notice given under these Terms shall be in writing and may be given by email to the email address provided by the Member at the time of registration (in the case of notices to the Member) or to spaces@foundervine.com (in the case of notices to Foundervine). Notices shall be deemed received on the next Business Day after sending. The Member may also contact Foundervine through the Support section of the Foundervine Spaces platform.
Entire agreement. These Terms (together with the Privacy Policy and any Membership Plan details) constitute the entire agreement between Foundervine and the Member in relation to the Membership and supersede all previous agreements, understandings, and arrangements between the parties, whether written or oral, relating to its subject matter.
Third party rights. No person other than Foundervine and the Member shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
Assignment. The Member may not assign, transfer, or sub-contract any of its rights or obligations under these Terms without the prior written consent of Foundervine. Foundervine may assign or transfer its rights and obligations under these Terms to any successor operator of the Premises.