Hubble Terms of Business
- Hubble provides an online platform that connects (a) Office Providers who have commercial office space ("Office Providers"); and (b) individuals or businesses ("Client") seeking a flexible workspace solution ("Space") (collectively the "Service") which is accessible through our online platform https://hubblehq.com/ (the "Site"). The Site allows (a) Office Providers to create listings for Space ("Listings"); and (b) Clients to learn about and license Space directly from the Office Providers ("Licence"). The Listing will be publically available via the Site.
- The Site is operated by or on behalf of Spacious Ltd trading as Hubble ("Hubble", "we", "us"and "our"). We are a limited company, registered in England. Our registered company number is 08739117, and our registered office is at Hubble Rocketspace, 40 Islington High St, London, N1 8EQ. Our VAT registration number is 177177181.
- Users of our Site will either be Office Providers or Clients. These Terms of Business govern the relationship between Hubble and Office Providers, and Hubble and Clients (Office Providers and Clients collectively referred to herein as "you"). It does not govern the relationship between Office Providers and Clients which shall be subject to entering a separate agreement (i.e. a Licence).
- Clients can show interest in a Space by (a) getting in touch with Hubble by telephone or email; (b) asking a question using live chat functions or connecting by SMS or Facebook Messenger ((a) and (b) referred to herein as an "Enquiry"); or (c) arranging an appointment to view the Space (the latter referred to herein as a "Viewing Request").
- Hubble will advise the Office Provider of Clients interested in their Listing. The Office Provider will be responsible for contacting the Client directly and entering into a Licence with the Client where appropriate. Hubble may assist in this respect at its discretion. The Office Provider shall pay a fee to Hubble in respect of any introduction to a Client (as discussed further herein).
- Hubble itself is not a party to any agreements entered into between the Office Providers and Clients in connection with any Space, nor is Hubble an owner, lessor, licensor, manager, real estate broker, agent or insurer of any Space and has no other interest in property. Hubble has no control over and disclaims all liability in respect of the conduct of Office Providers, Clients and other users of the Site and Services or any Space.
- Your use of the Site or any Service offered on the Site is subject to these Terms of Business and by using any Service you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
- We reserve the right to change these Terms of Business from time to time by changing them on the Site, although no such change will affect the relationship between existing Office Providers and their Clients (relating to the Hubble Fee) but shall affect existing Office Providers and any existing or new Clients who enter a Licence after the date mentioned in this paragraph 1.8.
Creating an account
- The Site can be used to create Listings and allow Clients to search those Listings to find appropriate Space. To create a Listing or contact an Office Provider, you must first register with us and create a Hubble account (an "Account"). You only need to register once.
- To register, you must satisfy the following minimum eligibility criteria:
- You must be at least 18 years of age; and
- Be authorised by the company that you work for to (i) in the case of an Office Provider, create a listing or (ii) in the case of a Client, express an interest in any Space; and the provision of paragraph 2.5 below shall also apply.
- To register, you must provide us with accurate, complete and up-to-date contact information, including name, postal address, telephone number, email address and any other relevant information we may require for registration purposes. You are responsible for the information you provide to us. You must promptly update your Account information online in the event of any changes to this information. Hubble reserves the right to suspend or terminate your Account and your access to the Site if any information provided proves not to be accurate or current.
- Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.
- If you are registering as an organisation, rather than in your personal individual capacity, you must have the necessary authority, power and right fully to bind the legal entity or organisation on whose behalf you wish to be granted access to the Service. If you are not authorised to bind that legal entity or organisation, you must not attempt to register. By registering, you represent and warrant to us that you are duly authorised.
- Upon registration for an Account with us, you will be asked to create a username and password. You must keep your password confidential at all times and use it only to access and use your Account and not for any other purpose. You are the only authorised user of your Account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your Account or error in the operation of your password. Any breach of these Terms of Business and/or any use of your Account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us. We reserve the right to require you to alter or replace your passwords at any time at our sole discretion.
Using the Site: Office Providers
The following section applies to Office Providers only
- As an Office Provider, you may upload Listings for a Space to the Site. You may be asked to first "create your office" by entering information including the office type, capacity, price per month (per person or per office) (the "Space Fee"), VAT registration details (if any), availability, building address, list of facilities (if any) (such as Wi-Fi, furniture, lockers, showers, roof terrace, meeting rooms, 24 hour access, kitchen, bike storage, mailing address and disabled access), contact number, a description of the building and any other relevant information we may require in respect of your Listing. You may also add photos of the Space.
- Spaces will be publicly available via the Site. Spaces shall not be removed by Hubble unless (a) we receive the Office Provider's written instruction; (b) the Office Provider removes the Listing through its Account; or (c) Hubble receives notice from any third party claiming to have an interest in the Space (for example the Property Owner) and requiring that Hubble removes the Listing and Spaces from its Site. The Office Provider understands and agrees that the placement and rankings of Listings in search results may depend on various factors include Client shortlists and/or Client preferences.
- Hubble reserves the right, in its sole discretion, to remove any Listing that it considers to be objectionable for any reason or in violation of the Terms of Business.
- The Office Provider may request assistance from Hubble in respect of a Listing (be it the taking of photographs or preparing a description of the Space), such assistance to be provided at Hubble's discretion and may incur a fee ("Hubble Content"). The Office Provider warrants and represents that it shall promptly authorise any and all material amendments prepared by Hubble in respect of a Listing which may occur by (a) way of written authorisation; or (b) the Office Provider completing the Listing for public viewing and thereby publishing the Listing to go live to the Site (whichever is the earlier act).
- The Office Provider acknowledges and agrees that it is responsible for all Listings it creates. Accordingly, the Office Provider represents and warrants that:
- it either:
- is the owner of leasehold or freehold property ("Property Owner") of any Space it lists on the Site; or
- has the right, authority or permission from the Property Owner to list such Space and is the duly authorized agent or representative of such Property Owner for the purpose of engaging in the Licence of such Space in accordance with these Terms of Business; and
- the Space is in compliance with all applicable laws and regulations;
- the Licence of such Space will not breach any agreement with any third party including any lease or sublease;
- the Listing is accurate and truthful and all Space Fees shall be inclusive of all fees payable in respect of the use of the Space (including, by way of example, charges relating to use of facilities, service charge);
- the Space Fees in respect of the Listing shall be the lowest price available in respect of the Space (insofar as a similar listing is available on the Office Provider or its affiliate's websites or applications or any third party websites or applications in relation to the Space);
- it shall promptly respond to any and all Enquiries made by Hubble and/or the Client in respect of the Space;
- it shall promptly respond to any and all requests for Bookings in respect of the Space;
- any contractual discussions or negotiations between the Office Provider and the Client shall be the sole responsibility of the Office Provider and the Client;
- it shall promptly advise Hubble of any Licence and the terms therein once entered into with a Client;
- at Hubble's request, it shall provide Hubble, within 14 calendar days of the request, with any and all documentation associated with a Licence;
- it shall promptly advise Hubble of any change to the Space Fees in respect of the Space (including any extensions to the Licence);
- it shall keep Hubble informed of the current status of the Listing and (i) remove the Listing; or (ii) advise Hubble in writing, if the Space is licensed to a third party excluding a Client;
- it shall seek independent legal advice about entering into a Licence and any questions it may have relating to a Licence; and
- it shall not upload any Prohibited Content (as defined) in any Listing.
- it either:
- The Office Provider shall indemnify, defend and hold harmless Hubble against all losses that Hubble incurs or suffers however arising as a result of or in connection with:
- the Office Provider's breach of the warranties set out in paragraph 3.5;
- the Office Provider's breach or negligent performance or non-performance of any obligations under these terms; and/or
- any claim made by a Client or any third party arising out of or in connection with the provision of the Service, to the extent that such claim arises as a result of any breach of these terms by, or the negligence of, the Office Provider or its personnel;
- any claim made by a Property Owner arising out of or in connection with any Listing or License entered into as a result of the Services.
- Hubble recommends that the Office Provider obtains appropriate insurance for all Spaces and encourages it to carefully review any existing insurance policy to determine whether such policy will cover the actions or omissions of the Client and invitees. It is important that the Office Provider understands any exclusions and deductibles that may apply to its insurance policy. Any granting of Space to a Client may invalidate the terms of its insurance policy.
- You agree that, by submitting any Listing, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, distribute, and display the Listing (in whole or part) and/or to incorporate it in other works in any form, media or technology, for marketing purposes.
Referred Clients, Fees and Invoicing
The following section applies to Office Providers only
Introductions through the Site
- The Office Provider acknowledges that the Site operates to connect Clients with Office Providers. Any Clients who contact the Office Provider, or are referred to the Office Provider through Hubble, and subsequently entered into a Licence, as a result of the Clients' use of the Site, shall be considered as a referral made by Hubble ("Referred Client"). The Office Provider agrees not to unreasonably reject any Referred Client subject to paragraph 4.2.
- The Office Provider agrees to pay the Hubble Fee (as defined and calculated in accordance with paragraph 4.3, 4.4 and 4.5) in relation to any and all Referred Clients, unless it can demonstrate, within 2 working days of the date of introduction to the Office Provider, that it has previously been in contact with the Referred Client other than through the Site; such demonstration to be made to Hubble's reasonable satisfaction.
- Subject to paragraph 4.4 and 4.5, the Hubble Fee shall be calculated as a fixed percentage of the monthly Space Fee. In relation to the minimum term of the Licence or the first 12 months of any Licence (whichever is the greater), the fixed percentage shall be 10% of the Space Fee ("Hubble Fee"). The Hubble Fee excludes VAT (if applicable).
- Subject to paragraph 4.5, the Hubble Fee shall be payable from the commencement date of the Licence and shall be payable in full and in advance for the minimum term of the Licence or the first 12 months of any Licence (whichever is the greater).
- The Office Provider may, at its election, pay the Hubble Fee on a monthly basis in advance, provided that the Hubble Fee shall be calculated at a fixed percentage of 15% of the Space Fee. For the avoidance of doubt, the Hubble Fee (as calculated by way of this paragraph 4.5), shall be payable for the minimum term of the Licence or the first 12 months of any Licence (whichever is the greater).
- The Hubble Fee shall be payable in respect of any Licence entered into between an Office Provider and a Referred Client, irrespective of the Space forming part of the Licence.
- In the event that the Referred Client extends its Licence with the Office Provider to (a) licence a new space; or (b) extend its licence to include new Space, the parties agree to amend the Hubble Fee in accordance with the new overall Space Fees.
- In the event that (a) the Licence terminates before the end of the 12 month period; or (b) the Licence is for a period of less than 12 months, then the Office Provider shall be entitled to a pro rata refund of the Hubble Fee, subject to the provision of satisfactory evidence to Hubble that the Licence has ended. The Office Provider shall promptly inform Hubble if and when a Licence terminates or expires.
- In the event of a disputed introduction, the Office Provider must provide all related information and documentation in support of its dispute. Hubble agrees to review this information, together with its own documented evidence, in good faith, and determine whether the introduction to the Referred Client is valid or not. Hubble's determination on the matter shall be final and binding on the Office Provider.
- An invoice in respect of the Hubble Fee will be raised by Hubble when the Client takes occupation of the Space ("Occupation Date"). Subsequent invoices will be raised in advance as appropriate. The Office Provider agrees to pay all invoices within 7 calendar days of the date of the invoice.
- If the Office Provider fails to make any payment due to Hubble by the due date for payment, then the Office Provider shall pay interest on the overdue amount at the rate of 4% per cent per annum above Barclays Bank plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Office Provider shall pay the interest together with the overdue amount. We may also suspend or terminate the Office Provider's access to any Service and Site (and we reserve the right to pursue any available legal remedy to collect the amount owed by the Office Provider). However, charges will continue to be incurred until the Account is closed.
- The Office Provider shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Hubble may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Office Provider against any amount payable by Hubble to the Office Provider.
- In the event that the Client fails to pay the Office Provider for their use of the Space, the Office Provider shall still be required to pay the Hubble Fee. Hubble disclaims all liability for any unpaid fees from the Client to the Office Provider in respect of any Space.
Using the Site: Clients
The following section applies to Clients only
- As a Client, you may view Listings or make Enquiries and/or Bookings in respect of a Space on the Site.
- The Client represents and warrants that:
- it shall keep Hubble informed in relation to any Licence it enters into either in respect of a Space or with an Office Provider; and
- it shall provide prompt feedback, rankings and reviews (where requested by Hubble) in respect of any Licence and/or Space.
- The Client acknowledges that Hubble may monitor communications sent through the Site and any Enquiries for training purposes and to ensure compliance with these Terms of Business.
- By making an Enquiry or Viewing Request, the Client acknowledges and agrees that it is giving Hubble consent to share its details with an Office Provider. If an Office Provider seeks to contact a Client, the Office Provider will contact the Client directly.
Use of the Site: both Office Providers and Clients
- You agree that you will not, nor allow anyone else to, use your Account or any Service:
- to interfere with or disrupt the provision of any Service or use any Service in a way that interferes with anyone else’s use of any Service;
- to further any criminal or fraudulent activity or to impersonate another person;
- to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights); or
- otherwise in breach of any acceptable use guidelines that we may issue from time to time.
- Except to the extent expressly set out in these Terms of Business, you are not allowed to:
- store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
- You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
- You agree that you will not, nor allow anyone else to, use your Account or any Service:
Intellectual property rights
- All intellectual property rights in any content of the Site (including Hubble Content, text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms of Business gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these Terms of Business), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
- The Office Provider expressly agrees that it shall not use Hubble Content on any third party website.
This post shall apply to all posting excluding Listings (unless otherwise set out in these Terms of Business)
- The Site may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, (collectively "User Content Areas"). The material submitted to User Content Areas (collectively "User Submissions") is not controlled by Hubble beforehand. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views. Hubble would run occasional monitoring of User Content Areas in the light of Hubble’s commitment to ensure that our Users privacy and customer service standards are met, but User Content Areas would not be systematically moderated.
- If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic.
- User Submissions must not:
- contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable ("Prohibited Content");
- impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
- contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
- transmit or distribute any virus and/or other code that has contaminating or destructive elements.
- You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.
- Whilst we do not pre-screen User Submissions or Listings, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission or Listing submitted by you and/or to close any topic, at any time without notice to you, subject to paragraph 3.4.
- Complaints about the content of any User Submission must be sent to email@example.com and must contain details of the specific User Submission giving rise to the complaint.
- We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
- Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
- Except to the extent provided expressly herein, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
- We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
- We may, at our discretion, offer incentives to Clients to use the Site. If and when we do, such incentives may be subject to additional terms and conditions.
Your personal information
Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
- Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by paragraph 12.2.
- Each party may disclose the other party's confidential information:
- to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under these Terms of Business. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this paragraph 12; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under these Terms of Business.
Service suspension and termination
- Hubble may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
- Hubble may, with or without prior notice, terminate these Terms of Business or suspend and/or terminate any Service and/or your use of your Account in the event that:
- you have breached any of these Terms of Business;
- you fail to pay any correctly billed charges when due; or
- you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
- If you have breached these Terms of Business, Hubble may take such action as it deems appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
- issue of a warning to you;
- immediate, temporary or permanent removal of any content submitted by you;
- immediate, temporary or permanent withdrawal of your right to use any Service;
- legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
- disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
- The responses described above are not limited, and Hubble may take any other action it deems appropriate.
- Upon termination of these Terms of Business or Service or your Account, for any reason:
- all rights granted to you under these Terms of Business will immediately cease;
- you must promptly discontinue all use of the relevant Service; and
- you must pay Hubble all outstanding amounts that you owe to Hubble.
- Notwithstanding paragraph 13.5, any Licence entered into prior to termination will continue to incur the Hubble Fee and any Licence entered into following termination, but an introduction was made prior to termination, shall give rise to payment of the Hubble Fee as if these Terms of Business continued to apply.
- You may terminate your Account at any time by emailing us at firstname.lastname@example.org and include "Delete Account" in the subject line.
- Nothing in these Terms of Business shall limit or exclude Hubble's liability to you:
- for death or personal injury caused by Hubble's negligence;
- for fraudulent misrepresentation;
- for any other liability that, by law, may not be limited or excluded.
- Subject to this, in no event shall Hubble be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from these Terms of Business shall not, in respect of any 12-month period (calculated from the date of that Agreement), exceed the charges payable by you for the relevant Service in that 12-month period and is strictly limited to losses that were reasonably foreseeable.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Business that is caused by events outside our reasonable control.
- Nothing in these Terms of Business shall limit or exclude Hubble's liability to you:
- You may not transfer or assign any or all of your rights or obligations under these Terms of Business.
- All notices given by you to Hubble must be given in writing to the address set out at the end of these Terms of Business. Hubble may give notice to you at either the email or postal address you provide to Hubble when registering on the Site.
- If Hubble fails to enforce any of its rights, that does not result in a waiver of that right.
- If any provision of these Terms of Business is found to be unenforceable, all other provisions shall remain unaffected.
- These Terms of Business may not be varied except with Hubble's express written consent.
- These Terms of Business and any document expressly referred to in them represent the entire agreement between you and Hubble in relation to the subject matter of any agreement. Hubble is required by law to advise you that agreements may be concluded in the English language only and that no public filing requirements apply.
- These Terms of Business shall be governed by English law. You agree that any dispute between you and Hubble regarding these Terms of Business or any agreement will only be dealt with by the English courts.
Please submit any questions you have about these Terms of Business, or any complaint or concern in relation to any Service by email to email@example.com or write to Hubble at: Hubble Help, 40 Islington High St, London, N1 8EQ.