Until IRH Ltd trading as Until (company number 13382811) (we and us) is a company registered in England and Wales and our registered office is at Suite 37/38 – Marshall House, 124 Middleton Road, Morden, Surrey, England SM4 6RW. [Our main trading address is Ground & Lower Ground Floor, Ilona Rose House, 111-119 Charing Cross Road, London, WC2H 0DU.] Our VAT number is 383038103. We operate the website www.until.co.uk.
References to Until Member, Member Company, Company, you, your and similar words in this Agreement refer to the entity or individual registering for or receiving the Services and agreeing to be bound by this Agreement. If you are entering into this Agreement on behalf of an entity or on behalf of other individuals, you represent and warrant that you have all necessary right, authority and consent to bind such entity or individuals to this Agreement. You shall be responsible for your Clients’ compliance with this Agreement. In addition, by agreeing to this Agreement, you are confirming that you are using the Services exclusively for business purposes and not as a consumer.
To contact us email us at firstname.lastname@example.org. How to give us formal notice of any matter under the Agreement is set out in clause 13.2.
Our Agreement with you
These terms and conditions and the rules, terms and policies referenced and incorporated here in (Until Member Terms), the Until Member Sign Up Form, and any other applicable policies and procedures as provided or made available to you from time to time (together, the Agreement), describe your rights and obligations in connection with your access to our Premises and the workspaces and services provided as part of, or that are incidental or related to, your Until Membership (as described herein and/or in your Until Member Sign Up Form and as available from time to time, the Services). By using the Services, you are agreeing that you, and any individuals you authorise to attend our Premises under your Until Membership to receive the services your business offers (your Guests), shall abide by and be bound by the terms of this Agreement. The Agreement applies to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
The Agreement is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Agreement.
The Until Member Terms and the Agreement are made only in the English language.
You should print off a copy of these Until Member Terms or save them to your computer for future reference.
Your Until member account, services and access
Creating your Until Member Account
Completing the Until Member Sign Up Form is an offer by you to purchase the Services subject to this Agreement. After completing your Until Member Sign Up Form, please follow the onscreen prompts on the Until webapp (or in the emails that we send to you) to apply for and set up your Until Member account (Until Member Account). Your Until Member Account can only be created after you have provided the identification documentation that we will request via email and we have verified the same. We will include in the identification and verification email a link to these Until Member Terms and by clicking the accept button you agree to all the terms and conditions of this Agreement. We will email you when your Until Member Account is activated as set out in clause 3.12.
Subject to the terms of this Agreement, Until will use its reasonable endeavours to provide you and your Clients the Services at Until premises offering access to Until Members (the Premises) beginning on the start date set out in the email which we will send to you to confirm activation of your Until Member Account (as set out in clause 3.12). In order to use the Services, you will be required to use the Until webapp to access your Until Member Account. The Services include:
Use by you and your Clients of the space and facilities within the Premises, for the period of time, as set out in the membership package selected in your Until Member Account, being one of “Unlimited”, “Thrive”or “Flex” (Member Package), subject to availability and upon prior reservation of such space through your Until Member Account.
Access and use of common areas at the Premises, subject to the conditions set out in this Agreement.
Access to and use of the Until webapp.
Use of the printers, copiers and/or scanners available to all Until Members and Member Companies at the Premises, using the credits available under the terms of your Until Membership.
Use of the rooms at the Premises, subject to availability and upon prior reservation of such rooms through your Until MemberAccount, using the credits available, or by other payment method, under the terms of your Member Package.
Use of video call booths while using the Premises.
Front desk assistance while using the Premises during Regular Business Hours. “Regular Business Hours” are generally from 6:00 a.m. to 10:00 p.m. on weekdays and 7:00 a.m to 7:00 p.m. on weekend days, [except local bank/government holidays at a Premises.]
Use, within the Premises, of kitchen facilities made available therein.
For Until Members on the “Thrive” and “Unlimited” Member Packages only, opportunity to participate in member-only events, benefits and promotions, subject to availability and upon prior reservation through your Until Member Account, and provided at the sole discretion of Until. Until Members will remain liable for their and their Clients’ compliance with these Until Member Terms throughout the Term, and shall otherwise ensure that neither they or their Clients do anything at any such member-only events (whether at the Premises or elsewhere) which may bring Until into disrepute.
Any other services you or your Guests may purchase directly from us from time to time.
Additional Member Package specific Services and Terms are set out in Appendix B to this Agreement.
Members are not permitted to use the address of any of our Premises for mail and package delivery, and Until shall have no liability in connection with any mail or packages delivered to a Member at our Premises. You may not use the address of any of our Premises or any address provided by us as your registered address. If you are found to be using an address provided by us as your registered address, you shall immediately complete the deregistration of such address with the relevant authorities and we may charge a reasonable administration fee for our time spent in dealing with such event.
The Services at a Premises will only be available to you and your Clients during the hours specified for that Premises in the Until webapp, and are dependent on the Member Package you select in your Until Member Account. Until Members on the “Flex” Member Package have reduced access to Services, as set out at Appendix B of these Until Member Terms. Your hours of access may be limited to the Regular Business Hours of that Premises.
Changes to our Services
The availability and scope of the Services and the Premises at which the Services are available are subject to change from time to time at our sole discretion and any updates shall be notified to you via email or when you log into your Until Member Account. The Services may also vary by geographical area or by specific Premises.
Reasonable care and skill
We warrant to you that the Services will be provided using reasonable care and skill.
Time for performance
We will use reasonable endeavours to meet any performance dates specified in the Membership Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Agreement.
Your Until membership is intended for the use of you and your Clients only and is not intended to provide access and use to other parties. Guests are only permitted at our Premises with prior authorisation by Until and the Until Member remains liable for all acts or omissions of, and compliance with these Until Member Terms by, of any such authorised guests for the duration of such guests’ access.
Unless otherwise specified by us in writing, the Services are only available to individuals who are at least 18 years old (or, if under the age of 18, are accompanied by a person aged at least 18). You will be responsible for ensuring that your Clients qualify before accessing or using the Services in any way and before providing any personal information to us (e.g., name, address, telephone number or email address).
Passwords and access device
Your Until Member Account and your Clients’ access rights are specific to you or your Clients. You shall not reveal your Until Member Account password and neither you nor your Clients shall reveal or transfer your access device or credentials to anyone else or let anyone use your Until Member Account or access devices, even if such other individual is associated with your company. Neither you nor your Clients, nor any third party on your behalf, shall make any copies of any keys, keycards, or other means of entry to the Premises (each, an Access Device). If you believe someone may have used passwords or Access Devices associated with your Until Member Account without your authorisation, please immediately change such password sand contact us at email@example.com. You are responsible for all actions (including your Clients’ and any guests’ actions in connection with your Until Member Account, regardless of whether you authorised such actions. Access Devices remain our property and must be returned immediately by you and your Clients upon termination or expiration of your Until Member Account.
You are responsible for providing to Until such information as Until reasonably requires in order to provide, and control, access to the Premises for your Clients. You shall ensure that such information about your Clients is complete and accurate. In the event your relationship with one of your Clients changes or ends, you agree to promptly update such information and notify us that the individual should no longer receive access to the Premises. You hereby represent and warrant to us that you have obtained all necessary consent from Clients for the creation of their access to Premises. You also agree to indemnify us for any loss we may suffer as a result of any breach of these warranties and representations including where such breach is caused by any of your Clients.
Correcting input errors
Our Until Member Account sign up process allows you to check and amend any errors before submitting creating your Until Member Account. Please check your Until Member Account details carefully before confirming them. You are responsible for ensuring that your Until Member Account information is complete and accurate in all respects.
Acknowledging receipt of your Until Member Sign Up Form
After you submit your Until Member Sign Up Form, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your Until Member Account has been accepted or set up. Our acceptance of your Until Member Account will take place as described in clause 3.12.
Accepting your Until Member Sign Up Form
Our acceptance of your Until Member Account takes place when we send an email to you to accept it (Membership Confirmation) (which is after the identification and verification steps, and you having clicked the accept button to agree to these Until Member Terms, as set out in clause 3.1). When we send the Membership Confirmation, at this point the Agreement between you and us will come into existence. The date on which this takes places is the Commencement Date. Subject to earlier termination in accordance with these Until Member Terms, your Agreement will commence on the Commencement Date and continue in force for the initial term selected in your Until Member Account (Initial Term) and, thereafter, continue indefinitely (Renewal Term) until we or you give the other at least one month’s written notice of termination (the Initial Term and any Renewal Term together being the Term).
If we cannot accept your Until Member Sign Up Form
If we are unable to supply you with the Services for any reason (which is decided by Until’s membership committee, at our sole discretion, but including decisions based on level of experience or available space at our Premises for the profession you work in), we will inform you of this by email and we will not process your Until Member Account application. If you have already paid for the Services, we will refund you the full amount.
Use of the Services
You and your Clients must comply with the Workspace Rules, including the Until Workspace Rules in Appendix A while using Services at any Premises.
Until Members and their Clients must access Until Premises and other buildings using their Access Device. To the extent permitted by law, your Clients shall be required to provide valid government issued identification in order to be issued an Access Device to access the Premises and before entering any of our buildings.
We are not responsible for any property you or your Clients leave behind in any of our Premises. It is your and your Clients’ responsibility to ensure that personal items are secure. We will be entitled to dispose of any property remaining in any of our Premises and you and your Clients waive any claims or demands regarding such property or our handling of such property.
We do not control and are not responsible for the actions of other individuals that you or your Clients interact with whilst receiving the Services or otherwise being in the Premises or any of our other buildings or on the Until webapp, including other Until members and their clients. We do not endorse, support or verify the facts, opinions or recommendations of our Until members. If a dispute arises between users, we have no responsibility or obligation to participate or mediate, and shall have no liability whatever to any party, in relation to the same except to the extent that such dispute is the result of Until’s negligence or wilful misconduct.
Third party products or services (including Tech Platforms, Apps, Portals)
Use of the Your additional obligations
It is your responsibility to ensure that, throughout the Term:
the information provided in your Until Member Account application process is complete and accurate in all respects;
you cooperate with us in all matters relating to the Services;
you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
you prepare and maintain the spaces within the Premises that you use during any receipt of the Services in good, clean condition and in a manner appropriate for the receipt of the Services, all to be determined a tour discretion;
you obtain and maintain all necessary licences, permissions and consents which may be required for you to receive the Services and carry out your business operations from our Premises before the Commencement Date, including all applicable professional or other qualifications required for you to be able to supply the services you provide to your Clients. You are also required to obtain the levels of insurance cover specified in clause 8.9. On request you will provide us with copies of all such documentation appropriate to evidence the requirements of this clause;
you comply with all applicable laws in relation to: your use of the Services, including health and safety laws and all of our rules, regulations and instructions related to occupation or use of the Premises; and the operation of your business to your Clients and any Guests, including the Equality Act 2010; and
you keep any of our materials, equipment, documents and other property provided to you by us (Our Materials) in the areas of the Premises in which you operate your business in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation.
If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1, or you or your Clients otherwise breach this Agreement (Your Default):
we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services. In certain circumstances Your Default may entitle us to terminate the Agreement under clause 10;
we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
Membership fees and other fees
In consideration of us providing the Services you must pay the membership fees (for “Thrive” and “Unlimited” Member Packages only) (Membership Fees) and the one-off sign-on fee (for “Flex” Member Packages only) (Sign-on Fee) and any fees for Services provided by us in excess of your Member Package (as booked by you via your Until Member Account) and any other services provided by us at the then current rates specified on the Until webapp in accordance with this clause 6.
Your Member Package will continue for the duration of the Initial Term and any Renewal Term. The payment method you provide on your Until Member Account application will be the method by which we will collect your Membership Fees (for “Thrive” and “Unlimited” Member Packages) and Sign-on Fee (for “Flex”Member Packages) and other fees incurred by you. For “Thrive” and “Unlimited” Member Packages we will collect payments for Membership Fees and other fees due from you on the 1st day of each month during the Term. If we are unable to charge your payment method on the due date (for any Membership Fees or Sign-on Fee, as applicable to your Member Package, or other fees due under this Agreement) for any reason: we may charge interest at a rate of 4% above the Bank of England base rate from time to time for the duration of the time between payment being due and being received into our bank account; and/or your and your Clients’ use of the Services may be immediately suspended or terminated. Following any Initial Term, we reserve the right to increase or decrease the Membership Fee at our sole discretion upon thirty (30) days’ prior notice to you.
In addition to the Membership Fees and Sign-on Fee (as applicable for the Member Package you select as part of your Until Member Account application), different sets of credits can be purchased via your Until Member Account to pay for additional Services which are not included in the applicable Membership Fees orSign-on Fee.
Until Members on the “Thrive” and “Unlimited” Member Packages do not obtain any credits within their Member Package and all credits for use by these Until Members must be purchased in addition to payment of the Membership Fees.
Until Members on the “Unlimited” Member Package have access to the gym floor for 180 hours per month (subject to the payment of their Membership Fee), without the requirement to purchase credits for this. The booking of any additional Service for use with the “Unlimited” Member Package will require the purchase of additional credits.
Until Members on the “Flex” Member Package must book all Services by purchasing additional credits. These Members are only able to purchase the credit bundles of 200 credits.
All credits remain valid for three months from the date of purchase and shall expire thereafter. All credit purchases are non-refundable and non-transferable. Some Services are offered by us outside of the credit system and are charged at the applicable fees for such Services asset out on the Until webapp.
If you need to cancel a booking for any reason, you must notify us at firstname.lastname@example.org and the following notice periods apply:
non-recurring / one-off bookings must be cancelled on no less than 24 hours’ prior notice; and
recurring bookings must be cancelled on no less than 30 days’ prior notice.
Failure to provide the requisite advanced notice of cancellation of bookings will mean that the credits applied, or other payment method used, to pay for the applicable Services related to that booking will be forfeited and are non-refundable.
All Membership Fees and other fees under this Agreement are inclusive of VAT.
Additional information on the Services that are included within the different Member Packages and Services which require the purchase of additional credits is set out in Appendix B.