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The nitty gritty

Terms and Conditions

BubbaDesk is a coworking space with onsite childcare. the best alternative to traditional daycare.

The following paragraphs outline the terms and conditions (Terms) on which BubbaDesk Pty Ltd (we, our, us and BubbaDesk) grants Membership to the Member (you, your).

1. Definitions 

In these Terms, the following definitions apply:

  1. Nanny Services means services provided by us in accordance with clause 5 of the Terms for care of a child on an ad hoc basis at the Premises as the parent of the child is a patron and readily available at all times that the child is being cared for. 
  2. Nanny Session means child minding services session booked by the Member. 
  3. Coworking Space Session means time period booked by the Member for the use of the Space.  
  4. Member means a person granted Membership by us. 
  5. Membership means the membership level selected by you. 
  6. Membership Fees mean the fees as applicable to your Membership including the fees for desk/Coworking Space Session and if applicable the Nanny Services provided by BubbaDesk and which may be varied by us from time to time in accordance with clause 3 of the Terms.  
  7. Our Property means any furniture, equipment, documents or other property in the Space/ Premises that is owned or controlled by BubbaDesk. 
  8. Policies mean any of our codes of conduct, policies and procedures made available to you, as added or amended by us from time to time. 
  9. Services mean services included in your Membership as updated and amended by us from time to time.  
  10. Your Property / Their Property means any equipment, documents, property or possessions that you bring into the Space or Premises
  11. Space and Premises means the buildings and facilities where our coworking space is located, including the creche where Child Minding Services are provided by BubbaDesk:
    • Suite 5 & 6 203 The Entrance Road, Erina, NSW, 2250
    • 92 Chandos Street, Naremburn, NSW, 2065 
    • 5 Meta Street, Caringbah, NSW, 2229
    • Enterprise 1, Innovation Campus, Suite 6 & 8, Squires Way, North Wollongong NSW 2500

2. Membership

2.1. By accepting Membership with BubbaDesk, you acknowledge and agree to be bound by these Terms.

2.2. These Terms apply to all Members, unless stated otherwise.

2.3. Your Membership is personal to you. You may not transfer your Membership to someone else without us agreeing to it in writing first

2.4. Sharing a key / security code with a non-member is strictly prohibited and is grounds for immediate cancellation of your Membership. We can provide temporary access codes for guests upon request.

2.5. You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies.

2.6. We are not responsible for any property you leave behind in the Premises. It is your responsibility to ensure that you have retrieved all your personal items prior to leaving. Prior to the end of the Coworking Space Session or if you leave the Premises, you must remove all your property from the Premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in the Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.

3. Membership Fees

3.1. We will provide you Services in consideration for you paying the Membership Fees in the manner identified in clause 3.3 below.

3.2. Membership Fees are payable fortnightly in advance and will be debited from your nominated account and will continue to be debited until your Membership ends in accordance with clause 10.

3.3. Membership Fees will be determined at BubbaDesk’s discretion. The Membership Fees may be subject to review each calendar (January – December) or financial year (July – June) at our discretion, or such other period determined by us in our absolute discretion. You will receive at least 30 days’ notice of changes in Membership Fees.

3.4. Any money owing to BubbaDesk for more than 21 days shall bear interest of 10% per annum calculated daily until paid in full and you may be subject to a lock out of the space or the Premises if overdue payments are not rectified within 3 business days.

3.5. It is your responsibility to ensure that your payment details are kept up to date and that there are sufficient funds in your nominated account to enable the successful debit of the Membership Fees each fortnight. If the transaction is rejected for any reason, you will be liable for any reasonable costs incurred by us in recovering the debt, including but not limited to any legal, bank or collection agency fees. Additionally, a penalty fee of $10 will apply to rejected payments.

3.6. Unless you are notified otherwise, the Membership Fees and any other prices referenced on our website or otherwise communicated to you are quoted exclusive of GST.

3.7. The Members agree that Membership Fees are payable even where the Members are unable to attend the Co- Working Space Sessions booked by them. 

3.8. In the event that a member or their child is unable to attend BubbaDesk due to illness, it is required to notify BubbaDesk of the absence by sending an email to [email protected]. Ongoing members are eligible for up to 2 makeup days per quarter when their non-attendance is due to sickness. Please note that makeup days will not be provided on Public Holidays or personal holidays. The availability of makeup days is subject to BubbaDesk’s discretion and may vary by location. Makeup days are not applicable to casual day bookings.

For ongoing members, the quarter for makeup days begins counting from the first day booked. Makeup days cannot be substituted for non-charged days, and we do not offer refunds in lieu of a makeup day. Our makeup day policy is designed to offer flexibility to ongoing members while ensuring the fairness of our booking system. These makeup days are exclusively available to ongoing members to enhance the value of their membership. Makeup days cannot be substituted for non-charged days, and we do not provide refunds in place of makeup days. 

 

4. Space 

4.1. The Space is a shared office, and we ask that you consider other Members and use the Space in a respectful way. Offensive language, threatening behaviour, abuse of our staff or other Members and damage to Our Property, or that of another Member, will not be tolerated. We reserve the right to remove offenders from the Space and suspend or cancel their Membership.

4.2. Members working in the Space must respect the right of others to have “quiet enjoyment” of the Space and keep personal telephone conversations to a low level and only listen to personal music via headphones. Private enclosed spaces are provided for personal telephone conversations and Members are encouraged to use these areas by booking them. Excessive noise that disturbs other tenants will not be tolerated.

4.3. The Space is a collaborative workspace, and you may find that you are working in close proximity to individuals or organisations that compete with your business. It is your responsibility to ensure that any obligations you may have regarding proximity and/or confidentiality with respect to such competing organisations and other Members generally are adhered to.

4.4. You acknowledge that due to the shared nature of the Space, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other Members in such circumstances.

4.5. Where your Membership entitles you to access the Space, this is a licence to use the Space, and does not give you an exclusive right to any part of the Space. You are responsible for ensuring that the Space meets the needs of your business or enterprise. We make no warranties or representations that the Space is suitable for the purpose you intend to use it for.

4.6. We ensure that Our Property is maintained in a good condition and complies with any applicable legal or other regulatory requirements. It is your responsibility to ensure that Your Property is fit for purpose and is used in a safe manner. You must ensure that any electrical equipment you bring into the Space is inspected and tested. 

4.7. You acknowledge that you will be liable for and agree to indemnify us for any damage caused to the Space or Our Property, or for any claim brought against us, by malfunctioning or incorrectly used equipment brought into the Space by you, your employees or your guests. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Australia.

4.8. You are responsible for making good or indemnifying us (and do hereby authorise us to charge you) for any damage caused to the Space or Our Property by you, your employees or your guests (excluding fair wear and tear).

4.9 We take all reasonable measures to ensure the Space is a safe and healthy working environment. You are responsible for your own safety (and that of your employees and guests) whilst in the Space. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable amount of care.

 

5. Meeting rooms, venue hire and printing

5.1. Meeting rooms are available in the Space for use by the Members based on availability and all meeting rooms must be booked online through our booking app. If meeting room credits are included in your Membership these are not transferrable to another member and cannot be rolled over from month to month.

5.2. The room must be returned to the original condition it was in prior to the booking. Any damage to the fixtures and fittings, walls, doors or AV system will be charged back to the client. Please note we do not allow paper or other items to be placed on the walls in the meeting rooms. 

5.3. Meeting rooms booked outside of staffed hours (8.30.am-5.30pm Monday to Friday) may incur an extra $30 per hour staffing fee and this will be charged at the discretion of management.

5.4. Meeting rooms are for Members and clients to use for meetings, they are not to be used to house member’s guests who wish to work for the day. Should you have guests wanting to work in the Space, please notify BubbaDesk.

5.5. Unless otherwise agreed printing is charged on a per page basis at 15c for A4 prints/copies and 20c for A3 and will be billed to your Membership at the end of each month.

 

6. After hours/weekend bookings

Any meeting room or event space bookings outside standard business hours (Monday to Friday 9.00 am – 4.00 pm) incurs a staffing charge of $33/hour (inc. GST) on weeknights and $55/hour (inc. GST) on weekends, plus an event hire charge. This also applies to meetings or events that commence during but conclude outside of the standard business hours.

7. (a) Cancellations & refunds – Event Space

7.1. Any event space that is cancelled or reduced in writing up to 48 hours before the start time will not be charged for the cancellation or reduction.

7.2. Any event space that is cancelled or reduced in writing less than 48 hours before the start time is liable for 100% of the cost of the booking and will not be refunded for the cancellation or reduction.

7.3. For event Space bookings totalling up to $5,000 (or equivalent), the cancellation notice periods and terms are the same as clauses 8.1 and 8.2

7.4. For event space bookings over $5,000 (or equivalent), any cancellation or reduction received in writing up to one week before the start of the event will not be charged for the cancellation or reduction. Any cancellations or reductions received less than one week before the start of the event will still be liable for 100% of the cost of the booking and will not be refunded for the cancellation or reduction.

7.5. Any booked catering services (excluding tea & coffee provided by the venue), hired AV services or any other services for any meeting room or event space booking that are cancelled less than 48hours before the start time shall be liable for 100% of cost of that service.

7.6 If, for any reason, the room or event space booked is no longer available at the time requested, notice shall be given to the customer as soon as possible and, subject to availability, a room of similar or higher standard offered in place for the same rate.

 

8. Cancellations & refunds – Membership and casual bookings

8.1. Members must provide two (2) weeks notice in writing to cancel any ongoing memberships

8.2 For any casual day bookings, 48-hour notice must be provided to cancel for a full refund. A 50% refund can be offered with 24 hours’ notice. 

 

9. Nanny services 

9.1. For Members, BubbaDesk offers Nanny Services for children between the ages 4 months to 4 years. A maximum 3-hour limit applies to all the Nanny Sessions and at the end of the Nanny Session, Members must take their children. Members are permitted to commence a new Nanny Session with a maximum time limit of 3 hours. This means that after 3 hours, we require the parent to do a quick check-in, and the next 3–hour block will resume. You can use the BubbaDesk for the full 8 hours adhering to these terms.

9.2. Members must complete the attendance sign in/out sheet at each visit and for each Nanny Session. All parents or guardians signing in will be asked to provide proof of identification. The same parent/guardian needs to drop off and pick up child, unless approved by us beforehand. Depending on the site we may have different protocols such as – password verification on collection, security wrist bands for parents, signature match. We ask that all parents comply with our procedure to safeguard your child.

9.3. Children’s safety is of paramount importance to us and we reserve the right to refuse collection if unsatisfied with the identification of the person collecting. The child will remain at the Premises until contact has been made with the parent/guardian.

9.4. All children can be fed, changed, toileted or put down to sleep by the Members during the Nanny Sessions. In case the Members require the BubbaDesk staff to provide the aforementioned services to the children during the Nanny Sessions, the Members must inform the BubbaDesk staff in advance and provide all the necessary material including but not limited to food as required by the children. 

9.5. Every item brought into the Premises must be labelled with the child’s name. Parents can leave prams at the allotted space in the Premises and we request all valuables to be removed.

9.6. BubbaDesk reserves the right to suspend Child Minding Services for any Member who consistently neglects the rules and regulations.

9.7. Temperature of the child may be taken on entry. To ensure the safety and well-being of other children; sick children are not permitted into the Premises. If your child displays any of the following they are considered sick: has a fever, mucus from the nose, eyes or mouth, cough, vomiting, diarrhoea or any virus that can be spread or has a visible rash. Children who become ill whilst at Premises will be made comfortable until you are notified and can come and pick them up. We do not administer prescription or non-prescription drugs i.e. cough syrup, Panadol or children’s aspirin, vitamins etc. In the event of accident/illness you authorise BubbaDesk workers to seek medical assistance as required. Parent/guardians will be responsible for any medical costs incurred.

9.8. You must remain in the Premises while using the Nanny Services and during the Nanny Session. If you intend on leaving the Premises, you must come and take your child with you. In no circumstances must you leave the child at the Premises if you leave the Premises. Please keep your mobile on and nearby in case you receive a call from the BubbaDesk team. If you are late: If you fail to collect your child from our care at the designated time, we will follow the BubbaDesk procedure to make every effort to contact you and keep your child entertained and safe until the situation is resolved. If we are unable to contact you with a reasonable period, we will attempt to contact the listed emergency contact. If they are unreachable, we will be left with no option but to contact the police due to our duty of care to your child. 

9.9. Members acknowledge and confirm that the Member and if being a minor, the parent/guardian/s, for and on the Member’s behalf, unconditionally release BubbaDesk and its employees or agents acting on its behalf from all claims, suits, demands, actions or proceedings (whether at law, in equity or arising under statute) arising out of or in connection with an act, default or admission by me or my agents. Members agree not to sue or to make any claim or demand against BubbaDesk and its employees or agents in respect to matters covered by this release.

9.10. Members give BubbaDesk permission to take photographs and/or video of their child. Member’s grant full rights to use the images resulting from the photography/video for the purposes to help achieve BubbaDesk’s marketing aims. This might include (but is not limited to), the right to use them in their printed and online publicity, social media, press releases and funding applications.

9.11. Members indemnify BubbaDesk and its employees or agents against all actions, claims, costs, losses, expenses and damages (including the costs of defending or settling any action or claim) in respect of: Loss of, loss of use of, or damage to property of BubbaDesk and its employees or agents; or Personal injury (including death) or illness to any person or loss of, loss of use of, or damage to any property; resulting from or by reason of anything done or omitted to be done by Members and/or their children arising out of activities undertaken at or near BubbaDesk Premises. Members’ liability to indemnify BubbaDesk and its employees or agents is reduced proportionally to the extent that a negligent act or omission of BubbaDesk and its employees or agents has contributed to the injury, damage or loss.

9.12. Members acknowledge that they discharge BubbaDesk from any liability or claim that Members, their heirs, or any personal representatives may have against BubbaDesk with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from BubbaDesk. This liability waiver and release extends to the Nanny Services together with all owners, partners, and employees.

 

10. Use and care of the Premises 

10.1. Members must:

a. take care of the Premises and to keep working area in a clean, tidy and presentable condition;

b. not sleep overnight at the Premises;

c. not smoke on the Premises;  and

d. not use a Premises for any immoral or illegal purposes or in any way that breaches these terms, any applicable local, state, federal or international law or regulation. 

 

10.2. Members must only use the Premises for office purposes only unless they have obtained prior written consent from BubbaDesk and adhere to the Policies all times while in the Premises. 

10.3. Smoking is prohibited on the Premises, including balconies, at all times.

10.4. Members must not conduct an auction or sale on the Premises or use the Premises for any medical or retail activities or other nature involving frequent use by or visits from members of the public.h. 

10.5. Members may not make any alterations or additions to, or put up any partitions or wall coverings on, any part of Space without prior consent from BubbaDesk. If consent is given to make alterations or additions, a strict ‘make good’ policy applies at the end of Membership where you must return the Space you occupied to its original condition. 

10.6. Members must not bring any explosive or flammable or corrosive fluids or chemicals into the Premises. 

10.7. Members must not to assign or sub-let or part with possession of a premises.

 

11. Visitors

11.1. All visitors of Members entering the Space must sign in at reception due to safety, emergency and COVID-safe procedures.

11.2. If You have someone visiting Space while you are not there, who requires access to your workspace, please ensure you let us know in advance as without permission from you, they will not be given access to your space, this includes visitors, contractors and couriers.

11.3. Visitors are not permitted inside the space after hours without our knowledge and all doors are to remain closed. BubbaDesk’s staff must be notified by email if you wish to bring visitors outside regular staffing hours of Monday to Friday 9am – 4pm.

 

12. Liability and indemnity

12.1. To the maximum extent permitted under the law

a. BubbaDesk, its related bodies corporate, their officers, employees, contractors and agents shall not be liable for any theft, loss or damage from the Premises howsoever occurring or for any damage done to the furniture or other effects of any other member in a premises by a caretaker, cleaners or any employees, contractors, agents or invitees of BubbaDesk;

b. BubbaDesk shall not be liable for any loss, damage or loss of information resulting from communications or data failure including voice, communication and the internet; and

c. BubbaDesk shall not be liable for any loss, damage, corruption of data or any loss of information whether from hardware, software or internet damage that may occur to a member.

 

12.2. This clause 8 survives termination of any Membership.

12.3. Our staff oversee the Space during business hours (9am-4pm, Monday to Friday, excluding public holidays), however, we do not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in the Space.

12.4. Our liability to you for breach of these Terms will be capped at an amount equal to the Membership Fees that you have paid in the 1 month prior to the claim arising. We will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.

12.5. You will indemnify us for any loss incurred by us or any claim against us resulting from a breach of you by these Terms or any action of your employees or guests you bring into the Space

12.6. Nothing in these Terms shall exclude or limit any rights or remedies you may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).

12.7. We are not liable for actions of other individuals. We do not control and are not responsible for the actions of other individuals or members may not be who they claim to be. We do not perform background checks on our users or members, nor do we guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.

12.8. From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against BubbaDesk and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.

12.9. To the extent permitted by law, the aggregate monetary liability of any of BubbaDesk to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under these Terms for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. BubbaDesk will not be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree that you may not commence any action or proceeding against BubbaDesk, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.

 

13. Insurance

Members agree that they are solely responsible for the security of Their Property in the Space. It is Member’s responsibility to arrange insurance for Their Property that they bring to the Space and for their liability to their employees and to third parties. BubbaDesk strongly recommends that Members obtain their own appropriate insurance to cover Their Property (including, but not limited to, furnishings and technology) and cover for any liability that Members owe to their own employees, visitors or any other persons. BubbaDesk does not accept any liability, and its insurance does not provide coverage for, any loss incurred by a member, except when caused by the BubbaDesk’s negligence.

 

14. Termination

14.1. Either party may terminate the Membership by giving two (2) weeks’ notice in writing to the other party, without assigning any reason whatsoever.

14.2. Where we have determined, in our sole discretion, that there has been or likely to be:

a. a breach of these Terms;

b. a breach of a law, regulation or order;

c. misconduct by the Member; or

d. refusal by a Member to cooperate with a reasonable request or direction,

we may take such action as we deem appropriate including (but not limited to):

a. immediately terminating Membership; and

b. removing, suspending or disabling a Member’s access to the Premises.

 

14.3. BubbaDesk has the right to withhold services and/or re-enter Premises without prior notice and shall have a general lien on Your Property situated on the Premises:

a. where the Member has failed to pay for their Membership Fees in accordance with the Terms: or

b. where the Member has breached any part of these Terms and fails to remedy that breach within seven days of being notified by BubbaDesk of the breach: or

c. upon the Member being declared bankrupt or insolvent or making any assignment for the benefit of creditors or taking the benefit of any legislation now or hereafter to be in force for the relief of bankrupts or insolvents.

 

14.4. Members will be responsible for BubbaDesk’s reasonable costs in recovering any monies owed in accordance with these terms and conditions.

14.5. Members may remove their fixtures and signs provided that any damage or defacement occasioned to any part of Premises during such removal shall be remedied by the Member immediately and at their own expense. If the Member fails to do so, then BubbaDesk may do so at that Member’s expense.

Updates to these Terms are subject to change from time to time in our sole discretion. Members acknowledge that our Premises, and the services we offer at any of Premises, are also subject to change from time to time. Changes will be effective immediately, unless stated otherwise. Where possible we will give Members reasonable notice of changes and the date they take effect

 

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