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These technology service terms (the “Tech Service Terms”) are made between the applicable WeWork entity (“WeWork”) for the Premises where the Tech Service(s) (as defined below) are being provided, and Member Company, and are supplemental to your membership agreement with WeWork as amended from time to time (the “Agreement”). These Tech Service Terms apply to any Tech Service(s) being provided to you and are hereby incorporated into the Agreement. In the event of a conflict between the terms of the Agreement and these Tech Service Terms, these Tech Service Terms will govern with respect to the Tech Service(s) only, unless otherwise set out below. Capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement.
Member Company’s purchase of any add-on technology products and/or services (whether purchased individually or as part of a ‘bundle’) (“Tech Services” and each a “Tech Service(s)”) shall form part of the Services and shall indicate Member Company’s acceptance of the following terms and conditions:
1.Tech Service(s). WeWork or a duly authorized third party provider (the “Service Provider”) will provide the Tech Service(s) to Member Company during the Tech Services Term (defined below). Availability of Tech Service(s) may vary by geographical area or by Premises. The provision of the Tech Service(s) will end on the earlier of: (i) cancellation of the Tech Service(s) in accordance with Section 5 of these Tech Service Terms; and (ii) termination of your Agreement (the “Tech Services Term”).
2.Tech Service Fees. Member Company shall pay to WeWork the agreed fees for the Tech Service(s), including any applicable taxes and set-up fees, subject to the billing terms and late payment provisions in the Agreement (the “Tech Service Fees”). The Tech Service Fees will appear on Member Company’s monthly invoice. WeWork reserves the right to modify the Tech Service(s) Fees upon 30 (thirty) days’ prior notice. .
3. Connectivity and Internet Access.Neither the Agreement nor these Tech Services Terms shall be construed as a telecommunications service agreement, and WeWork shall not be construed as a telecommunications provider either through these Tech Service Terms or by facilitating provision of the Tech Service(s).
4.Hardware.Any hardware provided or licensed to Member Company in connection with the Tech Service(s) shall remain the property of WeWork or the Service Provider and must be returned to WeWork by the final day of the Tech Services Term.
5.Cancellation. Unless otherwise indicated in the Agreement, the Tech Service(s) may be cancelled by Member Company by providing no less than five (5) days’ written notice before the last day of the month in which Member Company wishes to cancel the Tech Service(s), by either: (a) contacting a WeWork sales representative; or (b) submitting a cancellation in Account Central. Such cancellation will be effective as of the first day of the following month. If a cancellation request is submitted by Member Company less than five (5) days before the end of the month, cancellation will not be effective until the first day of the subsequent month and Member Company will be responsible for payment of the Tech Service fee(s) until such day. WeWork shall have the right to terminate, reduce, suspend or withhold the provision of the Tech Service(s) at its sole discretion and at any time upon no less than ten (10) days’ prior written notice to Member Company.
6. No Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) WEWORK MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION, EXPRESS OR IMPLIED, THAT THE TECH SERVICE(S) WILL BE FREE OF INTERRUPTIONS OR DEFECTS OR THAT ALL VULNERABILITIES (INCLUDING SECURITY THREATS AND BREACHES) OR DEFECTS WILL BE DETECTED OR CURED, AND/OR THAT THE PERFORMANCE OF THE TECH SERVICE(S) WILL PROTECT FROM OR AVOID MEMBER COMPANY’S SYSTEMS FROM ANY VULNERABILITY, INCLUDING SECURITY THREATS AND BREACHES: (B) THE TECH SERVICE(S) WILL BE PROVIDED AS-IS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR TERMS OF FITNESS FOR A PARTICULAR PURPOSE OR THE RESULTS OBTAINED FROM THE USE OF THE TECH SERVICE(S), (C) THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED REGARDING THIRD PARTY SERVICES; (D) WEWORK IS NOT RESPONSIBLE IN ANY WAY FOR THE CONTENT OF ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY THIRD PARTY SERVICES; AND (E) WEWORK MAKES NO WARRANTY THAT ANY ADVICE GIVEN TO MEMBER COMPANY CONSTITUTES PROFESSIONAL ADVICE, NOR SHOULD IT BE RELIED ON AS SUCH.
7. Updates. Notwithstanding anything to the contrary in the Agreement, WeWork may, from time-to-time and at its sole discretion, update, amend or supplement these Tech Service Terms and/or make non-material changes to the Tech Service(s). WeWork shall send Member Company no less than thirty (30) days’ prior notice of any updates to the Tech Service Terms only in the event that they materially increase its obligations or decrease its rights under the version in force at the time of purchase. Member Company shall be deemed to have accepted such updates, amendments or supplements by continued use of the Tech Service(s).
8. Prohibited uses of Tech Service(s). Member Company shall not export or re-export any services, software, technical data or Intellectual Property, or undertake any transaction in violation of any such export and import lawsAny misuse of the Tech Service(s) or breach of this provision may result in immediate suspension or cancellation of Member Company’s use of the Tech Service(s), at WeWork’s sole discretion.
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Updated: April 12, 2023.