Terms & Conditions

Jerry House Rules

Terms & Condition

THIS AGREEMENT
1. The Client accepts that this agreement creates no tenancy interest, leasehold estate or other real property interest in the Client's favor with respect to the space allocated to the Client by the Provider.
  
  The Provider is giving the Client the right to share with the Provider the use of the Centre subject to the terms and conditions herein, and as supplemented by the House Rules, so that the Provider can provide its services to the Client.
2. The Client must comply with the House Rules which the Provider imposes generally on occupants of the Centre.
3. This agreement shall be in force and effect from the period stated in it and can be extended upon the Client giving at least one month’s written notice in advance to the Provider. The Provider reserves the right to provide the Space to others should there be no written notice for renewal given by the Client as per the timeline stated above.
4. The fees or chargeable rate for any renewal will be at the then prevailing market rate or prior agreed rate between the Client and the Provider.
5. If this agreement, its extension or renewal (as the case may be) is for one month or more and either the Provider or the Client wishes to terminate it prior to it coming to an end, the notice period is one day. For the avoidance of doubt, notwithstanding the early termination of this agreement, its extension or renewal (as the case may be), the Client would not be liable for the fees or chargeable rate for the remaining period as if this agreement, its extension or its renewal (as the case may be) has not been terminated prematurely.
6. If this agreement, its extension or renewal (as the case may be) is temporarily suspended by the Client on the occurrence of certain defined events, the notice period is one day, with normal contractual obligations resuming once the event ceases. To continue providing the serviced office Space in the Centre as stated in this agreement, the Provider reserves the right to withhold the service retainer/deposit. Following the period of suspension, the Provider may need to allocate a different Space to the Client. These spaces will be of reasonably equivalent size and the Provider will notify the Client with respect to such different Space in advance.
7. To the maximum extent permitted by applicable law, the Provider may put an end to this agreement immediately by giving the Client a 7 days’ notice and without the need to follow any additional procedure if (a) the Client becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as they fall due, or (b) the Client is in breach of one of its obligations which cannot be remedied or which the Provider have given the Client notice to remedy and which the Client has failed to remedy within fourteen (14) days of that notice, or (c) the Client’s conduct, or that of someone at the Centre with its permission or invitation, is in breach of this agreement or the Service Agreement or the House Rules and (i) such conduct is repeated despite the Client having been given a warning or (ii) such conduct is material (in the Provider's sole opinion) to warrant immediate termination. If the Provider terminates this agreement due to any of the aforementioned reasons, all other outstanding obligations of the Client, including additional services used, requested or required under the agreement and the monthly office fee for the remainder of the period shall remain in full force and effect as if the Provider had not terminated it.
8. In the event that the Provider is permanently unable to provide the services and Space at the Centre as stated in this agreement, then this agreement will end and the Client will only have to pay monthly office fees up to the date it ends and for any services that the Client has used. The Provider may, but not obliged to, find suitable alternative space for the Client at another location.
9. When this agreement ends by meeting contractual obligations or early termination by the Client, the Client is to vacate the Space immediately, leaving the Space in the same condition as it was when the Client took possession. The Client shall also (a) remove all its equipment, belongings, articles, things and its employees / personnel and to vacate and hand back the Space and at the same time hand over all keys and access cards to the Provider; and (b) remove from the Space their fixtures and equipment, provided that any damage caused to any part of the Centre and/or the Space in the course of such removal, the same shall be remedied by the Client immediately and at their own expense.
10. Upon the Client's departure or if the Client, at its option, chooses to relocate to different rooms within the Centre, the Provider will charge a restoration service fee to cover normal cleaning and testing and to return the Space back to its original state.
11. The Provider reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear.
12. If the Client continues to use the Space when this agreement has ended, the Client is responsible for any loss, claim or liability the Provider incurs as a result of the Client's failure to vacate on time.
13. Subject to clause 1.3, the Provider may, at its discretion, permit the Client an extension subject to a surcharge on the monthly office fee.
14. The Provider has no obligation to keep or receive any incoming correspondence or documents intended for the Client at any time after the agreement ends. The Provider may dispose of such incoming correspondence or documents at its discretion without notifying the Client.
15. If the Client leaves any property, documents or any materials in the Centre, the Provider may (a) dispose the same at the Client's cost in any way the Provider or the Client chooses, or (b) charge the Client for the disposal of such materials in the event the Client did not make the necessary arrangement for disposal.
16. While this agreement is in force and for a period of six months after it ends, neither the Provider nor the Client may knowingly solicit or offer employment to any of the employees employed or working in the Centre. The breaching party shall pay the non-breaching party the equivalent of six months' salary in relation to any employee concerned. Nothing in this clause shall prevent either party from employing an individual who responds in good faith and independently to an advertisement which is made to the public at large.
17. All formal notices must be in writing, which may include by mail, to the address at Jerry Coworking Space, Unit 8A, Jalan Wan Kadir 1, Taman Tun Dr Ismail, 60000, Kuala Lumpur. The Client shall keep their corresponding address updated with the Provider at all times.
18. The terms of this agreement are confidential. Neither the Provider nor the Client may disclose them without the other's prior written consent unless a party is required to do so by law or by the authority. This obligation shall continue for a period of 3 years after this agreement ends.
19. The Client is solely responsible for ensuring that its confidential information, and that of any of the Client’s employees, remains secured within the Centre and through the Client’s use of the Provider’s portal. The Provider shall not be liable for any unauthorized disclosure of the Client’s confidential information, unless such disclosure occurs as a result of a breach of the Provider’s confidentiality obligations towards the Client. Sensitive or confidential information may sometimes be overheard or disclosed to the Client, and the Client agrees to preserve the privacy or confidentiality of such information.
20. This agreement shall be interpreted and enforced in accordance with the laws of Malaysia. All dispute resolution proceedings will be conducted in the courts located either at Wilayah Persekutuan or the State of Selangor.
21. If any provision of these terms and conditions is void or unenforceable under the applicable law, the other provisions shall remain in force.
22. This agreement is personal to the Client and cannot be assigned or novated to anyone else without the prior written consent from the Provider unless such assignment or novation is required by law. The Provider will not unreasonably withhold its consent for assignment or novation to a parent, subsidiary or affiliate of the Client provided that the Client and the assignee execute the necessary documents to allow the assignee to assume all the Client’s obligations and liabilities (if applicable) without prejudice to the interests of the Provider under this agreement.
SERVICES AND OBLIGATIONS
1. The Provider is to provide the number of serviced office Space in the Centre as stated in this agreement for which the Client has agreed to pay. This agreement lists down the Space the Provider has allocated for the Client's use. The Client will have a non-exclusive right to the rooms allocated to it. Occasionally the Provider may need to allocate a different Space to the Client. These spaces will be of reasonably equivalent size and the Provider will notify the Client with respect to such different Space in advance.
2. The Provider is to provide during normal opening hours the services, if requested, described in the relevant service description (a copy of which is available upon request). If the Provider is of the opinion that a request for a particular service is excessive, it reserves the right to charge an additional fee.
3. Whilst the Provider has internet security protocols, the Provider does not make any representations as to the security of the Provider's network (or the internet) or of any information that the Client placed on it. The Client should adopt whatever security measures (such as encryption) it believes are appropriate to secure its property within the Space, including its computer system and information stored online. The Provider cannot guarantee that a particular degree of availability will be attained in connection with the Client's use of the Provider's network (or the internet).
4. The Client should not pass their access codes for sharing or subletting their private offices. The Company reserves the right to block the access code immediately if the client is deemed to be in violation of the house rules.
PROVIDING THE SERVICES
1. The Provider may need to enter the Client's Space from time to time and the Provider may do so at any time. However, unless there is an emergency, the Provider will attempt to notify the Client verbally or electronically in advance when the Provider needs access to the Client’s Space to carry out testing, repair, renovation or works other than routine inspection, cleaning and maintenance. The Provider will also endeavor to respect reasonable security procedures to protect the confidentiality of the Client's business.
2. If for any reason the Provider cannot provide the Space as stated in this agreement by the date when this agreement is due to start, the Provider does not owe any liability to the Client for any losses or damages but the Client may terminate this agreement without penalty. The Provider will not charge the Client the monthly office fee for Space the Client cannot use until it becomes available. The Provider may delay the start date of this agreement provided it provides to the Client alternative space that shall be at least of equivalent size to the Space as stated in this agreement.
REFUNDS & EXCHANGES
Jerry is a membership-based service provider. Both members and non-members may reserve and use some areas of the Jerry Coworking Space.

The following apply for space usage, cancellation and refunds:

SERVICED OFFICE
1. In the event you would like to apply for a refund or exchange, you may submit your request or complaint with reasons (if any), to jerry@colony.work . If the request or complaint is determined to be within reasonable means, you will be notified and you may then: (1) Apply for a full-refund (minus any transaction costs) provided the refund request is submitted at least 5 working days prior to check-in date, OR (2) Request an exchange for a similar product in nature and value. Exchange requests however are subject to availability and may require a change of your booking date(s).
2. Should the client request for termination, the security deposit will be automatically forfeited (if applicable). There are no refunds if the agreement is terminated midway through the contract period.
3. Refundable deposit shall be returned to the customer upon the agreement ending should the client decide not to extend their service agreement with Jerry.
4. Jerry Coworking Space reserves the right to revoke access to the space and will cancel the agreement with the customer should the customer violate the terms of service in the terms & conditions and house rules as stated in your welcome email. Refund requests due to violation of our terms and conditions and house rules will not be entertained by the provider.
5. Once your refund request is received, your request will be verified and notified by us. If approved, a refund process will automatically be applied to your bank account within 14 working days.
6. You can request a refund by submitting an email to us via this link or contact us at +60 182262578. Necessary details include Identification Number (MyKad) for individuals and/or Company SSM information for the refund to a company bank account.
COMPLIANCE
1. The Client and the Provider shall comply with all relevant laws and regulations in the conduct of their business in relation to this agreement.
  The Client shall not do anything that may (i) interfere with the use of the Centre by the Provider or by others, (including but not limited to political campaigning or immoral activity), (ii) cause any nuisance or annoyance, (iii) increase the insurance premiums payable by the Provider, or (iv) cause loss or damage to the Provider (including damage to reputation) or to the owner of any interest in the building which contains the Centre the Client is using. Both the Client and the Provider shall comply at all times with all relevant anti-bribery and anti-corruption laws.
2. If the Provider is notified by any governmental authority or other legislative body of any reasonable suspicion that the Client is conducting any form of criminal activities from the Centre, then the Provider shall be entitled to terminate this agreement with immediate effect. The Provider confirms that in providing the services to the Client, it has not employed or used any labor in contravention of the requirements of any anti-slavery laws.
3. The Client acknowledges that (a) the terms of this clause are a material inducement in the Provider's execution of this agreement and (b) any violation by the Client of this clause shall constitute a material default by the Client hereunder, entitling the Provider to terminate this agreement, without further notice or procedure.
4. The Provider is authorized to collect and process personal data from and of the Client to, amongst others, administer contractual relationships, ensure compliance with applicable laws and regulations, and enable the Provider to provide its services and to manage its business. The Client acknowledges and accepts that such personal data may be transferred or made accessible to all entities of the Provider's group, wherever located, for any purposes deemed necessary by the Provider.
THE PROVIDER'S LIABILITY
1. To the maximum extent permitted by applicable law, the Provider is not liable to the Client in respect of any loss or damage the Client suffers in connection with this agreement, with the services or with the Client's Space unless the Provider has acted in a grossly negligent manner. The Provider is not liable for any losses or damage caused to the Client as a result of the Provider's failure to provide a service as a result of mechanical breakdown, strike, termination of the Provider's interest in the building containing the Centre or otherwise or any other reasons beyond the Provider’s control, unless the Provider does so deliberately or is grossly negligent. In no event shall the Provider be liable for any losses or damage caused to the Client, until the Client provides the Provider a written notice and gives the Provider a reasonable time, which in any event shall not be less than ten (10) working days, to remedy it. If the Provider is liable for failing to provide the Client with any service under this agreement, then subject to the exclusions and limits set out immediately below, the Provider will, upon being furnished documentary evidence, pay any actual and reasonable expenses that the Client has incurred in obtaining that service from an alternative source. If the Client is of the view that the Provider has failed to deliver the services consistent with the terms and conditions under this agreement, the Client shall then provide the Provider a written notice of such failure and give the Provider a reasonable period, which in any event shall not be less than ten (10) working days, to remedy the same.
2. The Provider shall not in any circumstances owe any liability to the Client for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data or any loss of information, third party claims or any consequential loss, unless the Provider otherwise agrees in writing. The Provider strongly recommends the Client to insure against all such potential loss, damage, expense or liability.

House Rules

These are the Provider’s House Rules which may change from time to time and which apply between the “Provider” and the “Client” in relation to the space occupied and accessible by the Client (the “Space”).

Space

Signage: The Client may not put up any signs on the doors of their accommodation or anywhere else that is visible from outside the rooms the Client is using without the prior written approval from the Provider. The Provider reserves the right to charge a fee for any displayed signage and to specify the design of such signage to ensure it remains in keeping with the Space’s design.
Property: The Client must take good care of all parts of the Space, its equipment, fittings and furnishings that they use. The Client must not alter any part of it. The Client may bring their own furnishings into the Space subject to the Provider’s approval.
Access and Security: The Client must not allow anyone else access to use the space without the Provider’s consent. This rule improves the security levels of the Space. If the Client is permitted to use the Space outside normal working hours, it is the Client’s responsibility to lock the doors to their accommodation and to the Space when they leave. This is to ensure the safety of individuals and property at the Space.

Use

Entrances and Exits: The Client shall not leave open any corridor doors, exit doors or door connecting corridors during or after business hours for security purposes and if the Client does so, it will be at the Client’s own risk. All corridors, halls, and stairways shall not be obstructed by the Client or used for any purpose other than egress and ingress. The Client must keep public areas neat and attractive at all times.
Address: The Client may use the Space address as its business address subject to compliance with applicable law. The Client may not use the Space as their registered address for service-of-process.
Employees and Guests: The Client’s employees and guests shall conduct themselves in a business-like manner; proper business attire shall be worn at all times; the noise level shall be kept to a level so as not to interfere with or annoy other occupants. The Client will abide by the Provider’s directives regarding security, access and other such matters common to all occupants. No part of the office or the Space may be used for overnight accommodation.
Equipment: The Client shall not, without the Provider’s prior written consent, store or operate in their office(s) or the Space, any large business machine, reproduction equipment, heating equipment, stove, microwave, toaster, sandwich maker, radio, stereo equipment or other mechanical amplification equipment, vending or coin operated machine, refrigerator or coffee equipment. Additionally, the Client must not conduct a mechanical business therein, do any cooking therein, or use or allow it to be used in the building where the Space is located, oil burning fluids, gasoline, kerosene for heating, warming or lighting. No article deemed hazardous on account of fire or any explosives shall be brought into the Space. No offensive gases, odors or liquids shall be permitted. No firearms shall be permitted. The Space is intended to be used solely as general office only.
Electrical: The electrical current shall be used for ordinary lighting, powering personal computers and small appliances only, unless written permission to do otherwise shall have first been obtained from the Provider at an agreed cost to the Client.
Common Areas: The Client shall not, without the prior written consent of the Provider, conduct business in the hallways or any other areas except in their designated office.
Animals: The Client shall not bring animals into the Space at all times.
Manufacturing and Storage: The Client shall not use the Space for manufacturing or storage of merchandise. The Client shall not occupy or permit any portion of the Space to be occupied or used for the manufacture, sale, gift or use of liquor, narcotics or tobacco in any form.
Locks: No additional locks or bolts of any kind shall be placed upon any of the doors or windows of the Space by the Client nor shall any changes be made to existing locks or the mechanisms thereof.
Soliciting: Canvassing, soliciting and peddling in the building are prohibited and the Client shall not solicit other occupants for any business or other purpose without the prior written approval of the Provider.
Property: All property belonging to the Client or any of the Client’s employee, agent or invitee shall be at the risk of such person only and the Provider shall not be liable for any losses, damages thereto or for theft or misappropriation thereof.
Smoking: Smoking is strictly prohibited in all indoor public areas or offices.
Harassment: The Client or the Client’s officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers, or invitees shall be prohibited from participating in any type of harassing, discriminatory or abusive behavior to the Provider’s team members, other occupants or invitees, verbal or physical in the Space for any reason. Any breach of this rule is a material breach of the Agreement (not capable of being remedied) and the Agreement may be terminated immediately and services may be suspended without further notice.
Lounge: The Lounge is for temporary use for office guests only and it is not to be used for meetings lasting more than 1 hour or as a long-term workplace.
Crowd: The Client should prevent crowd gathering at the premises and/or Space that could create any inconveniences to other occupants. The Company reserves the right to refuse entry of crowd if deemed necessary
Access Code Sharing: The Client should not pass their access codes for sharing or subletting their private offices. The Company reserves the right to block the access code immediately if the client is deemed to be in violation of the house rules

Services and Obligations

Office Accommodation: The Client shall not affix anything to the windows, walls or any other part of the office or the Space or make alterations or additions to the office or the Space without the prior written consent of the Provider.

Fees

Office Restoration Service: A fee of RM40.00 per square feet for each occupied office may be charged upon the Client’s departure or if the Client, at the Client’s option, chooses to relocate to different rooms within the Space. The Provider charges this fee to cover standard cleaning and testing; and to return each office to its original state. The Provider reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. This fee will be charged at the prevailing market rate, the rate of which can be obtained upon request.
Late Payment and Penalty: The Provider also reserves the right to withhold services (which includes denying the Client’s access to the Space) while there are any outstanding fees, penalties and interests or the Client is in breach of the Service Agreement.
Discounts and Promotions: On renewal of the Service Agreement, prices of services which were discounted or provided during the promotion period will revert back to the published monthly rates.

Liability

Mail: The Client releases the Provider from any liability arising out of or incurred in connection with any mail dropped off at the mailbox for the Client. Packages should be received and collected by the client physically themselves.
The Provider shall not be liable under this House Rules if it is prevented from, or delayed in, performing its obligations under the Terms & Conditions listed on the website or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, disease or quarantine restrictions compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or subcontractors. The Provider’s contractual duty to perform its obligations shall be suspended during the period required to remove such force majeure event. The Provider shall notify the Client as soon as reasonably possible of these events and propose a suitable alternative accommodation (if any) in the same Space or in another available space, if any.

IT & Technology

Introduction: This forms part of the Provider’s IT Connectivity Order and applies to all occupants who wish to use the Provider’s internet connectivity services and equipment.
The internet service provides the Client with an Internet connection for regular business activity such as web browsing, the ability to send and receive electronic communications, access to business applications and like.
The internet service is based on a symmetrical leased line connection or similar technology that is shared with other occupants within the same building where the Space is located.
Internet and Telecommunications Policy:
- Content: The Client acknowledges that the Provider does not monitor the content of information transmitted through the Provider’s telecommunications lines or equipment, which include, but is not limited to, internet access, telephone, fax lines and data lines. The Client further acknowledges that the Provider is merely providing a conduit for Client’s internet transmissions, similar to a telephone company, and that the Provider accepts no liability for the content of transmissions by the Client.
- Restrictions: The internet service shall be used only for lawful purposes and shall not be used in connection with any criminal or civil violations of state, federal, or international laws, regulations, or other government requirements. Such violations include, without limitation to, theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; violation of export control laws or regulations; libel or defamation; threats of physical harm or harassment; or any conduct that constitutes a criminal offence or gives rise to civil liability. The Client is solely responsible for maintaining the basic security and virus protection of the Client’s system(s) to prevent their use by others in a manner that violates the Terms & Conditions. The Client is also solely responsible for taking corrective actions on vulnerable or exploited systems to prevent any form of continued abuse.
- Security Violations: The Client is prohibited from engaging in any violations of system or network security. The internet service shall not be used in connection with attempts - whether or not successful - to violate the security of a network, service, or other system. Examples of prohibited activities include, without limitation to, hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software. The Provider reserves the right to suspend the internet access upon notification from a recognized internet authority or internet service provider regarding such abuse. The Provider may disconnect the Client’s equipment and withhold services if they consider that the Client’s hardware or software is, or has become, inappropriate for connection to its network. The Client is solely responsible for the Client’s own virus protection on the Client’s systems and hardware.
- Internet: Internet service is only available at the Provider’s locations and connection to its network is only permitted in those locations or via the Provider’s offered services. The Client must not create any links between the Provider’s network and any other network or any telecommunications service without the Provider’s consent. Internet speed is based on a fair usage policy as indicated by all internet service providers.
- Modification of this Policy: The Provider may modify this Policy at any time, with or without prior notice.
Disclaimer of Liability for Third Party Products: As part of its services to the Client, the Provider may provide internet access, computer hardware and/or software services via third party service provider (“Third Party Services”). The Provider disclaims any and all liability, including any express or implied warranties, whether oral or written, for such Third-Party Services. The Client acknowledges that no representation has been made by the Provider as to the fitness of the Third-Party Services for the Client’s intended purpose.
Disclaimer of Any Indirect Damages: The Provider shall not be liable for any indirect damages, including lost profits, arising out of or resulting from the Terms & Conditions even if the other party has been advised of the possibility of such damages. The foregoing shall apply, to the fullest extent permitted by law, regardless of the negligence or other fault of either party.