General Terms and Conditions

ACMI X Membership Terms and Conditions This document sets out the terms and conditions on which ACMI grants the Member the right to use the Space and the Services.

  1. Definitions In these Terms, the following definitions apply: ACMI means Australian Centre for the Moving Image ABN 37 375 237 227. ACMI Property means any furniture, equipment, documents or other property in the Space that is owned or controlled by ACMI. Australian Consumer Law means the Australian Consumer Law set out in schedule 2 of the Competition and Consumer Act 2010 (Vic). Confidential Information means all information of a confidential nature directly or indirectly disclosed by or on behalf of the Member, ACMI or other Members and includes information relating to the Member’s, other Members’ or ACMI’s business, employees, clients, products, projects and exhibitions in production, and business processes. Fair Use means the use of the Space and the Services by Members in an equitable, respectful and reasonable manner, having regard to the needs of other Members. Fee means any fee specified on the Website or Portal in relation to the Member’s Membership or the Services, including the Membership Fee, as may be varied by ACMI from time to time in accordance with clause 4.1. Member means the owner of a Membership. Member Property means any equipment, documents, property or possessions that the Member brings into the Space. Membership means membership of ACMI X, the categories and inclusions of which are detailed on the Website and the Portal. Membership Fee means the fee relevant to the Member’s Membership and published on the Website and the Portal. Policies mean any of ACMI's codes of conduct, policies and procedures accessible on the Portal or otherwise made available to the Member, as added or amended by ACMI from time to time. Portal means ACMI's online Member platform “Nexudus”. Services means the services included in the Member's Membership, as detailed on the Website and the Portal. Space means ACMI X Studio co-working space located at the Australian Ballet Centre, Level 4, 2 Kavanagh Street, Southbank, Victoria and includes all communal, meeting, kitchen and social spaces. Website means the ACMI X website located at http://acmix.spaces.nexudus.com/en.

  2. The Membership 2.1 ACMI will endeavour to provide the Services to the best of ACMI's ability. 2.2 The Member's Membership is personal to the Member. The Member must not transfer their Membership to someone else. 2.3 The Member must comply with the Member's obligations under these Terms, and with the Policies. 2.4 The Membership entitles the Member to access to and Fair Use of the Portal. The Member's Portal login details are personal to the Member, and must not be shared with anyone else. The Member must keep the Member's login details secure, and must contact ACMI immediately if the Member believes that someone else has access to them or is using them. The Member must use the Portal in accordance with the terms of use accepted by the Member when the Member first logs in, as amended from time to time and notified to the Member in writing.

  3. The Space 3.1 The Member acknowledges that the Space is a shared office. The Member must be respectful of other users in the Member's occupation and use of the Space. 3.2 The Space is a collaborative workspace, and the Member acknowledges that it may be working in close proximity to individuals or organisations that compete with the Member's business. The Member must comply with clause 11 in relation to all Confidential Information of other ACMI X Studio members. 3.3 The Member acknowledges that due to the shared nature of the Space, and ACMI’s work including exhibitions and projects in production, sensitive information may sometimes be overheard or seen, and the Member agrees to respect the right of privacy and confidentiality of other Members and ACMI in such circumstances. 3.4 ACMI grants the Member a licence to use the Space in accordance with the Member’s Membership. 3.5 Membership does not give the Member exclusive rights to: 3.5.1 Occupy any part of the Space; or 3.5.2 Use any of the Services. 3.6 The Member is responsible for ensuring that the Space and the Services meet the needs of the Member's business or enterprise. ACMI makes no warranties or representations that the Space or the Services are suitable for the Member's purposes or intended use. 3.7 It is the Member's responsibility to satisfy itself as to the suitability of the ACMI Property for the Member's purposes, and to use the ACMI Property in a safe manner. Prior to bringing any electrical equipment into the Space, the Member must ensure that the equipment has been inspected and tested in accordance with AS/NZS 3760:2010. 3.8 The Member is liable for, and agrees to indemnify ACMI against, any damage caused to the Space or any ACMI Property, or for any claim brought against ACMI, by malfunctioning or incorrectly used equipment brought into the Space by the Member, the Member's employees or the Member's guests. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Australia. 3.9 The Member must make good or indemnify ACMI (at ACMI's option) for any damage caused to the Space or ACMI Property by the Member, the Member's employees or the Member's guests (excluding fair wear and tear). 3.10 Upon becoming aware of anything in the Space which may be unsafe, the Member must promptly notify ACMI. 3.11 The Member must use the Space in accordance with the ACMI X Code of Conduct, not use illegal drugs or offensive language, or engage in threatening behaviour, or abuse of ACMI's staff or other Members. 3.12 The Member must not damage any ACMI Property, or that of another Member.

  4. Making changes or cancelling Changes 4.1 ACMI may amend these Terms, any Fee (subject to clause 4.2), the Membership inclusions or the Services at any time by providing 3 months’ written notice. 4.2 If the Member’s Membership is for a fixed term, ACMI must not make any changes to the Member’s Membership Fee which would take effect during that term. 4.3 The Member may change the Member's personal and billing information and change or cancel the Member's Membership via the Portal. The Member must do this at least 30 days prior to the day the Member requires the change or cancellation to take effect. Cancellation by ACMI 4.4 ACMI may cancel the Member's Membership by written notice to the Member: 4.4.1 With immediate effect, if the Member: (a) Breaches the Member's obligations in clause 3.1; (b) breaches any of the Member's other obligations in these Terms and, if such breach is capable of remedy, the Member does not remedy the Member's breach within 7 days of being notified by ACMI; (c) fails to pay any applicable Fee, and such failure is not remedied within 14 days; or (d) fails to comply with any of the Policies, provided that ACMI has given the Member written notice of such failure and ACMI's required remedy, and a reasonable time to rectify the failure; 4.4.2 With 30 days’ notice at any time, if the Member’s Membership is not for a fixed term; or 4.4.3 With 30 days’ notice, expiring on the last day of the fixed term, if the Member’s Membership is for a fixed term. 4.5 Subject to the Australian Consumer Law (if it applies), termination of the Member's Membership under clause 4.4.1 will not entitle the Member to a refund for any portion of the Membership Fee, and the Member shall remain liable for any Fee (or any part of any Fee) which has become due but remains unpaid. Cancellation by Member 4.6 The Member may cancel the Membership by written notice to ACMI: 4.6.1 With 30 days’ notice at any time, if the Member’s Membership is not for a fixed term; or 4.6.2 With 30 days’ notice, if the following circumstances apply: (a) ACMI makes changes to these Terms, the inclusions in the Member’s Membership, or the Services; (b) the changes would take effect during the term of the Member’s Membership; and (c) the changes substantively reduce the benefits enjoyed by the Member under the Membership.

  5. Payments 5.1 ACMI will use reasonable endeavours to provide the Member with the Services in consideration for the Member paying the Membership Fee in the manner identified in clause 5.2 below. 5.2 The Member must pay the Membership Fee by automatic direct debit from a credit card or bank account nominated by the Member. The Membership Fee will be debited monthly in advance from the Member's nominated account on or around the 1st of each month, or the next available business day, and will continue to be debited until the Member's Membership ends in accordance with clause 4. 5.3 It is the Member's responsibility to ensure that the Member's payment details are kept up to date and that there are sufficient funds in the Member's nominated account to enable the successful debit of the Membership Fee each month. If the transaction is rejected for any reason the Member will be liable for any reasonable costs incurred by ACMI in recovering the debt, including but not limited to any legal, bank or collection agency fees. 5.4 ACMI may review the Membership Fee from time to time in accordance with clause 4.1 at ACMI's discretion. 5.5 Unless the Member is notified otherwise, the Membership Fee and any other prices referenced on ACMI's Website or otherwise communicated to the Member are quoted exclusive of GST. 5.6 ACMI may charge the Member an administration fee of up to $50 each time the Membership Fee remains overdue past the 10th of the month.

  6. Meeting spaces and venue hire 6.1 Meeting spaces will be provided in the Space for the Fair Use of all Members, and meeting space bookings are limited to 2 hours. Members may request a meeting space booking via the Portal. 6.2 ACMI makes no representation or warranty as to the availability or suitability of the Member's desired meeting space. ACMI reserves the right to refuse or vary a Member's meeting space booking, amend or suspend access to the meeting spaces, or limit the number of meeting space bookings a Member makes as may be reasonably necessary from time if such action is necessary to ensure Fair Use.

  7. Use of Space and Services 7.1 The Member is only entitled to use the Space and the Services on the days and times allocated to the Member, subject to Fair Use and having regard to the Member's Membership. 7.2 ACMI may limit the number of guests the Member brings into the Space from time to time, having regard to Fair Use.

  8. Internet 8.1 Each Member is entitled to Fair Use of internet within the Space. 8.2 The Member is entitled to Fair Use of the internet within the Space, which will be provided via a WiFi network (Network) and may be accessed via Members’ own devices. 8.3 The Network is able to provide upload and download speeds in excess of 100 MBps, however ACMI does not make any warranty as to the upload or download speeds which may be achieved on Members’ devices. 8.4 The Member must not use the Network for excessive downloads or for any illegal purpose, and must have regard to any requirements set out on the Portal. 8.5 The Member must not use any form of 'torrent client' or similar file sharing software on the Network. ACMI may block traffic which may be harmful to Members, the Network or to other parts of the ACMI network. 8.6 ACMI does not warrant that data exchanged with the Network and other parts of the ACMI network will be free of viruses or other malware. Members are responsible for securing any device they use to access the internet or any printers provided as part of the Services, including the installation of firewalls and anti-virus systems as appropriate. 8.7 ACMI may monitor Network traffic as part of routine management and statistical analysis of the Network but (subject to clause 11.4) will endeavour not to disclose Members’ data to third parties unless that disclosure is required by law.

  9. Printing 9.1 The Member will be provided with access to a shared printer provided for all Members’ use, and the Member will be charged for printing in accordance with the pricing on [http://acmix.spaces.nexudus.com/en.] ACMI reserves the right to change the pricing list from time to time. 9.2 The Member must limit printing to a reasonable amount, in accordance with any Policies introduced from time to time by ACMI and communicated to the Member in writing.

  10. Security A swipe card is needed by all Members to access the Space and will be allocated on sign up. Swipe cards are not transferrable and must be returned to ACMI at the end of the Member's Membership. The Member must not lend the Member's swipe card to any other person, and must notify ACMI immediately if it is lost or stolen. If the Member loses the Member's swipe card the Member must purchase a new card from ACMI at the applicable Fee.

  11. Confidential Information 11.1 Subject to clause 11.2, the Member must not: 11.1.1 Use, or allow the use of; 11.1.2 Reproduce or record, or allow the reproduction or recording of; 11.1.3 Make, permit, solicit or assist any other person to make any announcement, public statement, media release or any other communication or disclosure of any; or 11.1.4 To the extent permitted by law, do anything that would put it in a position where it is required by law to disclose any, Confidential Information belonging to ACMI or to any other Member. 11.2 Clause 11.1 does not apply to the extent that Confidential Information is: 11.2.1 Public knowledge (except because of a breach of clause 11.1); 11.2.2 Required to be disclosed by law or the rules of a stock exchange on which the securities of the Member are quoted; or 11.2.3 Disclosed with the prior written consent of the owner of the Confidential Information. 11.3 11.4 The Member must ensure that the Member's Confidential Information, and that of any of the Member's employees, remains secure within the Space and through the Member's use of the Portal. ACMI is not liable for any unauthorised disclosure of the Member's Confidential Information.

  12. Liability and insurance 12.1 The Member must maintain public liability insurance for the amount of $10 million for one single event with a reputable insurer at all times for the duration of the Member’s Membership, and provide a certificate of currency to ACMI upon request. 12.2 ACMI accepts no responsibility for loss or damage to any Member Property in the Space. 12.3 ACMI will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity. 12.4 Nothing in these Terms shall exclude or limit any rights or remedies the Member may have under the Australian Consumer Law.

  13. Release and indemnity 13.1 The Member occupies and uses the Space and uses the Services at the Member's own risk, and releases ACMI to the extent permitted by law from all liability and loss in connection with the Space and the Services (including where ACMI terminates the Membership for any reason whatsoever). 13.2 ACMI is not liable to the Member for any loss or damage incurred by the Member due to: 13.2.1 Any damage to the Space or the ACMI Property; 13.2.2 The failure of the Space or the Services to operate properly; or 13.2.3 Any failure of ACMI to provide the Services due to events or circumstances beyond ACMI's reasonable control. 13.3 The Member indemnifies ACMI against all loss and liability in connection with the Member's occupation and use of the Space and the Services, including any damage caused to the Space or the ACMI Property or any loss, injury or death to any person in or about the Space, except to the extent to which ACMI is negligent.

  14. Privacy 14.1 ACMI is committed to maintaining the confidentiality and security of the Member's personal information and managing it in an open and transparent way. ACMI takes its obligations under the Privacy and Data Protection Act 2014 (Vic) and the Privacy and Data Protection Principles very seriously and has implemented practices, procedures and systems to ensure ACMI complies with those laws. 14.2 The Member can find further information at http://acmix.spaces.nexudus.com.

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