Terms & Conditions
To ensure a secure and transparent experience, we establish clear terms and conditions that comply with all relevant laws, regulations, and iQ Offices’ internal guidelines.
Meeting Rooms
Meeting Room Services: iQ Offices agrees to provide the Member with the services which you agree to purchase, as described on the “Meeting Room” portion of the iQ Offices’ website and as may be modified from time to time (collectively, the “Meeting Room Services”), throughout the Term (as defined below). In particular, the Member is authorized to use the selected Meeting Room to conduct general office business and for no other purposes, unless iQ Offices gives the Member prior written authorization for additional permitted uses.
This meeting room agreement (the “Agreement”) is between iQ Offices (including, and as determined by location address and upon execution: iQ Office 1055 West Georgia Inc., iQ Office 150 King Inc., iQ Office 250 University Inc., iQ Office 140 Yonge Inc., iQ Office 545 King Inc., iQ Office 222 Queen Inc., iQ Office 1155 Metcalfe Inc., iQ Office 302 Bay Inc.) (collectively “iQ Offices”, “Locations”) and the person or entity agreeing to the terms hereof (the “Member”). This Agreement is effective as of the date you, acting as the Member, click the “I Accept” button appearing at the bottom of this page (the “Effective Date”). If you are accepting the terms of this Agreement on behalf of your employer or some other entity, you represent and warrant that: (i) you have legal authority to bind your employer or the applicable entity; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of your employer or the applicable entity, to all of the terms of this Agreement.
Payment Terms: By clicking “I Accept”, you are expressly authorizing iQ Offices to immediately charge and collect the Member a fee for the Meeting Room Services at the then current rate appearing on the “Meeting Room” portion of the iQ Offices’ website, together with all applicable harmonized sales tax, goods and services tax and any other value added tax thereon (the “Fee”), and to process the Fee using the method which you select during the registration process, or such other method as you may subsequently select by notifying iQ Offices in writing (the “Payment Method”). The Member acknowledges and agrees that iQ Offices has the right to change, amend or alter its Fee by giving three (3) days’ notice to you. The Fee is immediately due, payable and non-refundable, subject to the provisions of termination, as outlined herein under Section 5 of this Agreement. If the Member wishes to select a different Payment Method, or if there is a change in your Payment Method, such as your credit card expiration date, you must notify iQ Offices in writing of such change. If your Payment Method reaches its expiration date, or if you cancel your Payment Method without notice to iQ Offices, you authorize iQ Offices to continue billing the Payment Method which it has on file and to pursue you for all uncollected amounts. Any payment which iQ Offices is not able to process on the Payment Date will be considered overdue, will be subject to a 4.5% late payment fee and will bear interest at a rate of 5% per month.
Services: Upon request and to the extent not otherwise provided to the Member, iQ Offices shall provide certain custom Add-Ons (the “Add-On” and each being a “Service”) at an extra charge in accordance with iQ Offices published rates or otherwise determined between the parties.
- Term : The term of this Agreement (the “Term”) shall be for the period that the Member is requesting Meeting Room Services for. This Agreement shall terminate thereof.
- Termination: Either party may terminate this Agreement for any reason whatsoever by providing the other party with no less than forty-eight (48) hours’ notice in advance of the date of the booking reservation. If the required notice is received accordingly, the Fee will be refunded in full, within forty-eight (48) hours of receiving such notice. If notice is received less than forty-eight (48) hours but more than twenty-four (24) hours of the booking reservation, up to 50% of the Fee will be refunded, within forty-eight (48) hours of receiving such notice. Any notice received within less than twenty-four (24) hours, the Fee is non-refundable and will be fully earned by iQ. iQ reserves the right to terminate this Agreement or restrict your access to Meeting Room Services, without prejudice to any other right or remedy to which it may be entitled, in the event that the Member defaults under the terms of this Agreement and fails to remedy such default within one business day of receiving written notice of the default from iQ Offices. In the event that iQ Offices terminates this Agreement as a result of an uncured default, you agree that such uncured default will trigger immediate termination and that you will be required to pay iQ Offices an amount equal to the total fees for the Meeting Room Services, forthwith. Upon termination of this Agreement for any reason whatsoever, iQ will immediately discontinue the Meeting Room Services.
- Default: The parties agree that upon the occurrence of any of the following events (each being a “Default” or “Event of Default”) iQ Offices shall have the right to terminate or suspend this Agreement in part or in its entirety and revoke the Meeting Room Services immediately upon written notice to the Member: (a) the Member fails to pay any amount due hereunder, provided that iQ Offices shall provide one (1) day notice to the Member before any notice to terminate/revoke is effective; or (b) the Member fails to perform or observe any of the terms, covenants, warranties or conditions of this Agreement (except as otherwise expressly listed in this Section) and the Member fails to cure any such breach to the satisfaction of iQ Offices within one (1) business day after receipt of notice of such breach; or (c) a petition in bankruptcy or insolvency or for a reorganization or for the appointment of a receiver or trustee of the Member’s property is filed by or against the Member; or (d) an assignment or petition or arrangement for the benefit of creditors is made or is entered into by the Member; or (e) unnecessary abuse or hostile treatment of staff or other individuals by the Member; or (f) improper use of iQ Offices systems and Meeting Room Services. iQ Offices may withhold any Meeting Room Services at any time should the Member be in default of any payment hereunder or in default of any other provision of this Agreement. If iQ Offices terminates this Agreement in connection with any of the foregoing Events of Default, in addition to the remedies available to it at law, it may recover from the Member: (a) all fees and other charges required to be paid pursuant to this Agreement, plus an amount equal to the total fees for any charges that would become due and payable if notice was properly provided when the relevant Event of Default occurred, and (b) all costs associated with collection of outstanding accounts to include, but not be limited to Meeting Room Services, legal costs and out of pocket costs.
Compliance with Laws: The Member agrees to comply with all federal, provincial and local laws, regulations, policies and guidelines relating to the Meeting Room Services and/or your use thereof.
- Confidentiality: iQ Offices acknowledges that it may receive confidential information relating to a business not generally known to the public (the “Confidential Information”) as a result of entering into this Agreement with you. iQ agrees to use all commercially reasonable efforts to maintain the confidentiality of the Confidential Information, not to disclose the Confidential Information, except as required by law, and not to use the Confidential Information for its own benefit or the benefit of a third party. The Member acknowledges that it may receive Confidential Information of iQ Offices as a result of entering into this Agreement. The Member agrees to hold such Confidential Information in strict confidence and take all reasonable precautions to protect Confidential Information. The Member acknowledges that any disclosure or unauthorized use of Confidential Information will constitute a material breach of this Agreement and cause substantial harm to the injured party for which damages would not be a fully adequate remedy. In the event of any such breach, iQ Offices shall have, in addition to other available remedies, the right to injunctive relief (without being required to post any security).
Limitation of Liability: In no event shall iQ Offices, its affiliates, or their respective directors, shareholders, officers, employees or agents be liable for any damages or losses whatsoever, including any direct, incidental, consequential, special or exemplary damages, and any damages for loss of profits, business opportunity, savings, goodwill or other intangible losses, regardless of whether iQ Offices had been advised of, or could have foreseen the possibility of such damages and even if caused by the negligence of iQ Offices or those for whom it is at law responsible, arising out of or in connection with (i) the use, inability to use, interruption or failure of the Meeting Room Services, including without limitation, loss of, or failure to make available Meeting Rooms, or (ii) any other matter relating to this Agreement or the Services.
Indemnity: The Member agrees, during the term of this Agreement and thereafter, to indemnify iQ Offices, its affiliates and their respective directors, shareholders, officers, employees and agents (the “Indemnitees”) from any and all liabilities, losses, claims, demands, costs, penalties, fines and actions of any kind, including, without limitation, reasonable legal and accounting fees, which the Indemnitees may suffer as a result of your breach, violation or non-performance of the terms of this Agreement or your reliance on, or use of, the Meeting Room Services.
- Warranty: iQ Offices makes no express warranty regarding the Meeting Room Services and specifically disclaims any implied warranty, including warranties of merchantability and fitness for a particular purpose. iQ Offices does not authorize any person to make warranties of any kind on its behalf and you should not rely on any statement to the contrary.
- Rules & Regulations: In the event, that the Member wishes to use any of iQ Offices’ Locations, the Member expressly acknowledges that iQ Offices is not the owner of the Building but solely a tenant. The Member shall not interfere, disturb or cause a nuisance to other users, tenants, licensees, guests, customers and invitees in the Location or Building. The rules and regulations adopted by the landlord and incorporated as part of the iQ Offices’ rules and regulations (collectively, the “Rules and Regulations”) are made a part of this Agreement. The Member and Member Parties shall comply with and observeall of the Rules and Regulations enacted by iQ Offices and the landlord of the Location or Building and which are in effect from time to time in respect to the Location or Building. Any breach of any of the Rules and Regulations by the Member or any Member Party shall constitute a breach under this Agreement and all remedies and rights available to iQ Offices for a breach under this Agreement shall be available and may be applied against the Member. The applicable Rules and Regulations can be found at iqoffices.com/rules-and-regulations. The Member acknowledges that this Agreement is subordinate to iQ Offices’ lease and that in the event of termination of iQ Offices’ lease for any reason whatsoever this Agreement shall, at the option of the landlord, be terminated immediately upon Notice from either the landlord or iQ Offices.
Transfer and Assignment: iQ Offices shall have the right to transfer or assign all or any part of its rights or obligations under this Agreement to any person or legal entity (the “Assignee”). In the event that any such transfer of assignment results in the subsequent performance by the Assignee of all of iQ Offices’ obligations under this Agreement, iQ Offices shall be deemed to be released from the performance of all of its obligations under this Agreement after the effective date of such transfer or assignment. You may not transfer, sublicense or otherwise assign or delegate any of your rights or obligations under this Agreement to any person without the prior written consent of iQ Offices, which may be unreasonably withheld.
- Notice: Any notice or other communications given pursuant to this Agreement must be in writing and may be delivered personally, by email, regular or registered mail to:
iQ Offices
150 King Street West, Floor 2
Toronto, Ontario, M5H 1J9
Attention: Meeting Room Services
Email: notice@iqoffices.comNotices shall be deemed to have been received on the fifth (5th) business day following regular mailing or, if delivered personally or by email or fax, on the day of delivery if a business day or, if not, on the following business day.
- Name and Address: The Member must not use iQ Offices’ name or the specific brand name of the Location you are using in any way in connection with your business. The Member may not use the Location as your registered address for service of process.
- Access and Substitution: iQ Offices shall, at all times, have access to the Meeting Room, with or without Notice to the Member, including but not limited to, for the purposes of maintenance, safety or emergency and may temporarily substitute the Meeting Room selected with another, provided that the re-located Meeting Room shall be of equal or larger size and provided the Member shall not incur any direct relocation cost or expense or Fee in excess of those agreed upon.
- Non-solicitation: Neither party shall knowingly solicit, recruit, hire or otherwise employ or retain the employees of the other party during the Term of this Agreement for ninety (90) days following its termination or expiration without the prior written consent of the other party. In the event that an employee of iQ resigns their employment with iQ and/or is hired as a consultant or employee of a Member or an affiliate or related entity, the Member shall pay to iQ Offices a one-time charge in the amount of 20% of the most recent annual salary of such current or former iQ Offices’ employee, as the case may be, plus Sales Taxes.
- Trademark: The Member may not use the name “iQ Offices” in any way or in connection with the Member’s business without the express written consent of iQ Offices. The Member grants iQ Offices to use its name, trademark and/or logo to identify it as a Member of iQ Offices on its website or in connection with the promotion of iQ Offices or iQ Offices’ partners’ business products and services during the Term and after the Term. To the extent: (a) any such is objectionable to the Member, 9b) the Member delivers Notices thereof to iQ Offices and (c) provided iQ Offices works promptly and in good faith to remove or minimize to the extent reasonably possible under the circumstances the effect of the objected-to conduct, the Member hereby waives any claims or damages against iQ Offices relating to such use.
- Data Collection: iQ Offices requests that the Member provide, as and when requested by iQ Offices, documentation and personal information as iQ Offices may reasonably require to enable provision of the Meeting Room Services. The data collected by iQ Offices from you may include: (a) personal information that iQ Offices can reasonably use to directly or indirectly identify individuals, (the “Personal Information”); (b) non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identified individual; (c) technical information; and (d) non-personal details about your website interactions or any phone number used to call iQ Offices’ customer service number.
- Data Usage: iQ Offices shall acquire, hold, use and process Personal Information about you for a variety of business purposes, including: (a) providing products, Meeting Room Services or information requested; (b) administrative purposes; (c) marketing iQ products and Meeting Room Services by phone, postal mail, facsimile, or email; (d) research and development; (e) providing services that are specifically designed to be compatible and used on mobile devices; (f) using Personal Information and other information about you to create anonymized and aggregate information; (g) presenting iQ Offices’ website and its contents to you; (h) fulfilling the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it; (i) providing you with notices about this Agreement, including expiration and renewal notices; (j) to carry out iQ Offices’ obligations and enforce iQ Offices’ rights arising from any contracts with you, including for billing and collection or to comply with legal requirements; (k) notify you about changes to iQ Offices’ website/SaaS/systems/rules and regulations/services/Meeting Room or any products iQ Offices offers; (l) improve iQ Offices’ website/SaaS, products, Meeting Room Services or marketing, or customer relationships and experiences; (m) allow you to participate in interactive features, social media, or similar features on iQ Offices’ website/SaaS systems; and (n) measure or understand the effectiveness of the advertising iQ Offices serves to you and others, and to deliver relevant advertising to you.
- Data Transfer: You agree that iQ Offices may disclose personal data that iQ collects or that you provide to iQ Offices in this Agreement, including: (a): to iQ Offices’ subsidiaries and affiliates; (b): in accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of iQ Offices’ assets, whether as a going concern or as part of bankruptcy liquidation, or similar proceeding, in which personal information held by iQ Offices about you is among the assets transferred; (c) to advertisers and advertising networks that require the information to select and serve relevant advertisements; (d) to contractors, service providers and other third parties iQ Offices uses to support iQ Offices business and who are contractually obligated to keep personal data confidential, use it only for the purposes for which iQ Offices discloses it to them and to process the personal data with the same standards set out in this Agreement; (e) for any other purpose disclosed by iQ Offices; (f) with your consent; and (g) to comply with any court order, law, or legal process.
- Data Retention: Except as otherwise permitted or required by applicable law or regulations, under some circumstances iQ Offices may anonymize Personal Information so that it can no longer be associated with the Member. iQ Offices reserves the right to use such anonymous and de-identified data for any legitimate business purpose without further notice or consent from the Member or any individual.
- Data Security: The Member acknowledges that iQ Offices uses physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure.
- Force Majeure: iQ Offices will not be liable for and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond iQ Offices’ reasonable control.
- General Intent and Interpretation: This Agreement [including any Schedules hereto] comprises the entire agreement between the parties relating to the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, all other provisions hereof shall be separately valid and enforceable. All provisions of this Agreement which, by their nature, are intended to survive termination shall continue in force notwithstanding termination hereof.
- Bill 101: For Agreements for the location 1155 Metcalfe, it is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties hereby agree that each is an independent contractor, neither party shall be considered to be the agent, representative, master or servant of the other party for any purpose, and neither party has any authority to enter into any contract, assume any obligations or give any representations on behalf of the other party. Nothing herein shall be construed to create a relationship of partners, joint ventures, fiduciaries or other similar relationships between the parties. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof, subject to information incorporated herein by reference to the “Meeting Room” portion of the iQ Offices’ website. This Agreement will ensure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, administrators, successors and assigns.
Virtual Offices
This virtual services agreement (the “Agreement”) is between iQ Offices (including, and as determined by location address and upon execution: iQ Office 1055 West Georgia Inc., iQ Office 150 King Inc., iQ Office 250 University Inc., iQ Office 140 Yonge Inc., iQ Office 545 King Inc., iQ Office 222 Queen Inc., iQ Office 1155 Metcalfe Inc., iQ Office 302 Bay Inc.) (collectively “iQ Offices”, “Locations”) and the person or entity agreeing to the terms hereof (the “Member”). This Agreement is effective as of the date you, acting as the Member, click the “I Accept” button appearing at the bottom of this page (the “Effective Date”). If you are accepting the terms of this Agreement on behalf of your employer or some other entity, you represent and warrant that: (i) you have legal authority to bind your employer or the applicable entity; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of your employer or the applicable entity, to all of the terms of this Agreement.
- Virtual Services: iQ Offices agrees to provide the Member with the services which you agree to purchase, as described on the “Virtual Office” portion of the iQ Offices’ website and as may be modified from time to time (collectively, the “ Virtual Services”), throughout the Term (as defined below) but including, at a minimum mail services.
- Payment Terms: By clicking “I Accept”, you are expressly authorizing iQ Offices to charge the Member a recurring monthly fee for the Virtual Services at the then current rate appearing on the “Virtual Offices” portion of the iQ Offices’ website, together with all applicable harmonized sales tax, goods and services tax and any other value added tax thereon (the “Monthly Fee”), and to process the Monthly Fee using a valid Credit Card. (the “Payment Method”). The Member acknowledges and agrees that iQ Offices has the right to change the Monthly Fee upon 30 days written notice to you. Upon accepting the terms of this Agreement, your first Monthly Payment, will become immediately due and payable. Thereafter, iQ Offices will automatically renew this Agreement for the Virtual Services for successive monthly periods commencing on the day that is one month from the Effective Date and continuing on the 1st day of each month thereafter (each a “Payment Date”) until this Agreement is terminated by the Member or iQ Offices. PAYMENTS ARE NON-REFUNDABLE AND iQ DOES NOT GIVE REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. The Member acknowledges and agrees that a valid Credit Card must always remain on file as a method of payment for their Virtual Office membership. If the Member wishes to select a different Payment Method, or if there is a change in your Payment Method, such as your credit card expiration date, you must notify iQ Offices in writing of such change. If your Payment Method reaches its expiration date, or if you cancel your Payment Method without notice to iQ Offices, you authorize iQ Offices to continue billing the Payment Method which it has on file and to pursue you for all uncollected amounts. Any payment which iQ Offices is not able to process on the Payment Date will be considered overdue, will be subject to a 4.5% late payment fee and will bear interest at a rate of 5% per month.
- Services: The Member may choose to add Add-Ons to their Agreement which can be found at [http://iqoffices.com/products/virtual-offices] which may be modified from time to time, upon 30 days’ Notice (as hereinafter defined). Upon request and to the extent not otherwise provided to the Member, iQ Offices shall provide certain custom Add-Ons (the “Add-On” and each being a “Service”) at an extra charge in accordance with iQ Offices published rates or otherwise determined between the parties.
- Term: The term of this Agreement (the “Term”) shall be for a period of one month commencing on the Effective Date and ending on the last day of the month immediately preceding one month from the Effective Date. This Agreement shall automatically renew for successive monthly periods (each, a “Renewal Term”) unless terminated by either party in accordance with Section 4 hereof.
- Termination: Either party may terminate this Agreement for any reason whatsoever by providing the other party with one (1) month written notice from the first day of the month (the “Termination Period”). If your Payment Date falls within the Termination Period, the Monthly Fee shall remain payable and you hereby authorize iQ Offices to charge the Monthly Fee using your Payment Method. iQ reserves the right to terminate this Agreement or restrict your access to the Virtual Services, without prejudice to any other right or remedy to which it may be entitled, in the event that the Member defaults under the terms of this Agreement and fails to remedy such default within five business days of receiving written notice of the default from iQ Offices. In the event that iQ Offices terminates this Agreement as a result of an uncured default, you agree that such uncured default will trigger immediate termination and that you will be required to pay iQ Offices an amount equal to the Monthly Fee for the next two months, forthwith. Upon termination of this Agreement for any reason whatsoever, iQ will immediately discontinue the Virtual Services and, if the Virtual Services include mail handling and storage, return any mail received within 30 days of the effective termination date to the sender at your cost. iQ Offices shall have no mail forwarding obligations, or any other obligations relating to the Virtual Services or this Agreement, to the Member following this 30-day period.
- Default: The parties agree that upon the occurrence of any of the following events (each being a “Default” or “Event of Default”) iQ Offices shall have the right to terminate or suspend this Agreement in part or in its entirety and revoke the Virtual Services immediately upon written notice to the Member: (a) the Member fails to pay any amount due hereunder, provided that iQ Offices shall provide five (5) days notice to the Member before any notice to terminate/revoke is effective; or (b) the Member fails to perform or observe any of the terms, covenants, warranties or conditions of this Agreement (except as otherwise expressly listed in this Section) and the Member fails to cure any such breach to the satisfaction of iQ Offices within five (5) business days after receipt of notice of such breach; or (c) a petition in bankruptcy or insolvency or for a reorganization or for the appointment of a receiver or trustee of the Member’s property is filed by or against the Member; or (d) an assignment or petition or arrangement for the benefit of creditors is made or is entered into by the Member; or (e) unnecessary abuse or hostile treatment of staff or other individuals by the Member; or (f) improper use of iQ Offices systems and Virtual Services. iQ Offices may withhold any Virtual Services at any time should the Member be in default of any payment hereunder or in default of any other provision of this Agreement. If iQ Offices terminates this Agreement in connection with any of the foregoing Events of Default, in addition to the remedies available to it at law, it may recover from the Member: (a) all fees and other charges required to be paid pursuant to this Agreement, plus an amount equal to the total monthly fees for any charges that would become due and payable if notice was properly provided when the relevant Event of Default occurred, and (b) all costs associated with collection of outstanding accounts to include, but not be limited to Virtual Services, legal costs and out of pocket costs.
- Compliance with Laws: The Member agrees to comply with all federal, provincial and local laws, regulations, policies and guidelines relating to the Virtual Services and/or your use thereof.
- Confidentiality: iQ Offices acknowledges that it may receive confidential information relating to a business not generally known to the public (the “Confidential Information”) as a result of entering into this Agreement with you. iQ agrees to use all commercially reasonable efforts to maintain the confidentiality of the Confidential Information, not to disclose the Confidential Information, except as required by law, and not to use the Confidential Information for its own benefit or the benefit of a third party. The Member acknowledges that it may receive Confidential Information of iQ Office as a result of entering into this Agreement. The Member agrees to hold such Confidential Information in strict confidence and take all reasonable precautions to protect Confidential Information. The Member acknowledges that any disclosure or unauthorized use of Confidential Information will constitute a material breach of this Agreement and cause substantial harm to the injured party for which damages would not be a fully adequate remedy. In the event of any such breach, iQ Offices shall have, in addition to other available remedies, the right to injunctive relief (without being required to post any security).
- Limitation of Liability: In no event shall iQ Offices, its affiliates, or their respective directors, shareholders, officers, employees or agents be liable for any damages or losses whatsoever, including any direct, incidental, consequential, special or exemplary damages, and any damages for loss of profits, business opportunity, savings, goodwill or other intangible losses, regardless of whether iQ Offices had been advised of, or could have foreseen the possibility of such damages and even if caused by the negligence of iQ Offices or those for whom it is at law responsible, arising out of or in connection with (i) the use, inability to use, interruption or failure of the Virtual Services, including without limitation, loss of, or failure to deliver, mail or electronic communications, or (ii) any other matter relating to this Agreement or the Services.
- Indemnity: The Member agrees, during the term of this Agreement and thereafter, to indemnify iQ Offices, its affiliates and their respective directors, shareholders, officers, employees and agents (the “Indemnitees”) from any and all liabilities, losses, claims, demands, costs, penalties, fines and actions of any kind, including, without limitation, reasonable legal and accounting fees, which the Indemnitees may suffer as a result of your breach, violation or non-performance of the terms of this Agreement or your reliance on, or use of, the Virtual Services.
- Warranty: iQ Offices makes no express warranty regarding the Virtual Services and specifically disclaims any implied warranty, including warranties of merchantability and fitness for a particular purpose. iQ Offices does not authorize any person to make warranties of any kind on its behalf and you should not rely on any statement to the contrary.
- Rules & Regulations: In the event, that the Member wishes to use any of iQ Offices’ Locations, the Member expressly acknowledges that iQ Offices is not the owner of the Building but solely a tenant. The Member shall not interfere, disturb or cause a nuisance to other users, tenants, licensees, guests, customers and invitees in the Location or Building. The rules and regulations adopted by the landlord and incorporated as part of the iQ Offices’ rules and regulations (collectively, the “Rules and Regulations”) are made a part of this Agreement. The Member shall comply with and observe, and will cause all of the Member Parties to comply with and observe, all of the Rules and Regulations enacted by iQ Offices and the landlord of the Location or Building and which are in effect from time to time in respect to the Location or Building. Any breach of any of the Rules and Regulations by the Member or any Member Party shall constitute a breach under this Agreement and all remedies and rights available to iQ Offices for a breach under this Agreement shall be available and may be applied against the Member. The applicable Rules and Regulations can be found at iqoffices.com/rules-and-regulations. The Member acknowledges that this Agreement is subordinate to iQ Offices’ lease and that in the event of termination of iQ Offices’ lease for any reason whatsoever this Agreement shall, at the option of the landlord, be terminated immediately upon Notice from either the landlord or iQ Offices.
- Transfer and Assignment: iQ Offices shall have the right to transfer or assign all or any part of its rights or obligations under this Agreement to any person or legal entity (the “Assignee”). In the event that any such transfer of assignment results in the subsequent performance by the Assignee of all of iQ Offices’ obligations under this Agreement, iQ Offices shall be deemed to be released from the performance of all of its obligations under this Agreement after the effective date of such transfer or assignment. You may not transfer, sublicense or otherwise assign or delegate any of your rights or obligations under this Agreement to any person without the prior written consent of iQ Offices, which may be unreasonably withheld.
- Notice: Any notice or other communications given pursuant to this Agreement must be in writing and may be delivered personally, by email, regular or registered mail to:
iQ Offices
150 King Street West, Floor 2
Toronto, Ontario, M5H 1J9
Attention: Virtual Office
Email: notice@iqoffices.comNotices shall be deemed to have been received on the fifth (5th) business day following regular mailing or, if delivered personally or by email on the day of delivery if a business day or, if not, on the following business day.
- Name and Address: The Member must not use iQ Offices’ name or the specific brand name of the Location you are using in any way in connection with your business. The Member may not use the Location as your registered address for service of process.
- Mail Handling and Storage: If the Virtual Services include mail handling and mail storage, the Member acknowledges that iQ Offices does not accept mail packages over one pound or mail packages that do not fit within iQ Offices’ file folder. iQ Offices shall not accept mail that contains any dangerous, live or perishable goods and iQ Offices shall be entitled in its sole and absolute discretion to return any collected items or refuse to accept any quantity of items it considers unreasonable or unlawful. iQ Offices may charge an administrative fee if there is an excessive volume of mail received and processed by iQ Offices’ team on your behalf. All mail left uncollected for over 30 days is subject to secure disposal and will not be returned to the sender.
- Mail Forwarding: iQ Offices does not provide mail forwarding of any kind whatsoever. Mail that is being picked up at the respective Location and will be provided to the individual on file upon providing government-issued photo identification.
- Phone Number: All phone numbers assigned to the Member are for the Member’s use during the term of this Agreement (“Assigned Phone Number”). The phone numbers remain iQ Offices’ property and you have no contractual or vested interest in the present telephone service or telephone numbers provided by iQ Offices. Assigned Phone Numbers shall not be listed in any “white or yellow” pages.
- Phone Number Porting: Phone numbers being ported away from iQ Offices to another carrier shall be subject to a one-time administration fee of $100 per number. Premium numbers shall be subject to a one-time porting fee of $500. All porting fees are subject to HST.
- Data Collection: iQ Offices requests that the Member provide, as and when requested by iQ Offices, documentation and personal information as iQ Offices may reasonably require to enable provision of the Virtual Services. The data collected by iQ Offices from you may include: (a) personal information that iQ Offices can reasonably use to directly or indirectly identify individuals, (the “Personal Information”); (b) non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identified individual; (c) technical information; and (d) non-personal details about your website interactions or any phone number used to call iQ Offices’ customer service number.
- Data Usage: iQ Offices shall acquire, hold, use and process Personal Information about you for a variety of business purposes, including: (a) providing products, Virtual Services or information requested; (b) administrative purposes; (c) marketing iQ products and Virtual Services by phone, postal mail, facsimile, or email; (d) research and development; (e) providing services that are specifically designed to be compatible and used on mobile devices; (f) using Personal Information and other information about you to create anonymized and aggregate information; (g) presenting iQ Offices’ website and its contents to you; (h) fulfilling the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it; (i) providing you with notices about this Agreement, including expiration and renewal notices; (j) to carry out iQ Offices’ obligations and enforce iQ Offices’ rights arising from any contracts with you, including for billing and collection or to comply with legal requirements; (k) notify you about changes to iQ Offices’ website/SaaS/systems/rules and regulations/services/Virtual Services or any products iQ Offices offers; (l) improve iQ Offices’ website/SaaS, products, Virtual Services or marketing, or customer relationships and experiences; (m) allow you to participate in interactive features, social media, or similar features on iQ Offices’ website/SaaS systems; and (n) measure or understand the effectiveness of the advertising iQ Offices serves to you and others, and to deliver relevant advertising to you.
- Data Transfer: You agree that iQ Offices may disclose personal data that iQ collects or that you provide to iQ Offices in this Agreement, including: (a): to iQ Offices’ subsidiaries and affiliates; (b): in accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of iQ Offices’ assets, whether as a going concern or as part of bankruptcy liquidation, or similar proceeding, in which personal information held by iQ Offices about you is among the assets transferred; (c) to advertisers and advertising networks that require the information to select and serve relevant advertisements; (d) to contractors, service providers and other third parties iQ Offices uses to support iQ Offices business and who are contractually obligated to keep personal data confidential, use it only for the purposes for which iQ Offices discloses it to them and to process the personal data with the same standards set out in this Agreement; (e) for any other purpose disclosed by iQ Offices; (f) with your consent; and (g) to comply with any court order, law, or legal process.
- Data Retention: Except as otherwise permitted or required by applicable law or regulations, under some circumstances iQ Offices may anonymize Personal Information so that it can no longer be associated with the Member. iQ Offices reserves the right to use such anonymous and de-identified data for any legitimate business purpose without further notice or consent from the Member or any individual.
- Data Security: The Member acknowledges that iQ Offices uses physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure.
- Force Majeure: iQ Offices will not be liable for and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond iQ Offices’ reasonable control.
- General Intent and Interpretation: This Agreement [including any Schedules hereto] comprises the entire agreement between the parties relating to the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, all other provisions hereof shall be separately valid and enforceable. All provisions of this Agreement which, by their nature, are intended to survive termination shall continue in force notwithstanding termination hereof.
- Bill 101: For Agreements for the location 1155 Metcalfe, It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties hereby agree that each is an independent contractor, neither party shall be considered to be the agent, representative, master or servant of the other party for any purpose, and neither party has any authority to enter into any contract, assume any obligations or give any representations on behalf of the other party. Nothing herein shall be construed to create a relationship of partners, joint ventures, fiduciaries or other similar relationships between the parties. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof, subject to information incorporated herein by reference to the “Virtual Office” portion of the iQ Offices’ website. This Agreement will ensure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, administrators, successors and assigns.
This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties hereby agree that each is an independent contractor, neither party shall be considered to be the agent, representative, master or servant of the other party for any purpose, and neither party has any authority to enter into any contract, assume any obligations or give any representations on behalf of the other party. Nothing herein shall be construed to create a relationship of partners, joint ventures, fiduciaries or other similar relationships between the parties. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof, subject to information incorporated herein by reference to the “Virtual Office” portion of the iQ Offices’ website. This Agreement will ensure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, administrators, successors and assigns.
Referral Program
Subject to the following terms and conditions, iQ Offices will provide a Referral Fee to each person (“Referee”) for each introduction (“Introduction”) of a qualified New Member that results in the execution of a Membership Agreement.
- Eligibility: To be eligible to participate in the iQ Referral Program, you must represent and warrant that:
- All information provided to iQ Offices and to the New Member in connection with the iQ Referral Program is accurate, complete and current; and
- You shall not make any representations, guarantees or warranties regarding iQ Offices, any iQ Offices’ products or services, or any of the terms or conditions of the Membership Agreement, except as expressly authorized in writing by iQ Offices; and
- You will act in a professional and workmanlike manner and in compliance with all applicable laws, obligations, rules and regulations.
- Qualifications: For any Introduction of a New Member to be deemed sufficient for the Referee to receive a Referral Fee (“Qualified Introduction”), such New Member must adhere to the following stipulations:
- New Member must enter into a Membership Agreement to license the Office Suite no later than six (6) months from the date of Introduction;
- New Member must not be a current or previous Member of iQ Offices;
- New Member must not have previously contacted iQ Offices or otherwise been submitted by another party prior to your Introduction;
- New Member must not be a subsidiary, affiliate or entity under common control of an existing Member;
- Qualified Introductions must be made by contacting an iQ Offices’ team member and providing written confirmation to the appropriate iQ Offices’ team member of:
- The New Member’s contact information including company name, primary contact, phone number and email address;
- New Member License Requirements: The Referee must complete a separate Qualified Introduction for each New Member per transaction and/or location pursuant to the iQ Referral Program. The Referee will not receive credit for any other transaction unless they have completed and submitted a separate Qualified Introduction identifying the applicable transaction. iQ Offices will assume that the Referee does not represent the New Member in transactions not specified by the Referee in a Qualified Introduction. Introductions that are incomplete or that do not adhere to the process outlined in these terms and conditions will not be recognized as valid by iQ Offices and will not be processed for payment of a Referral Fee. Please note that all Qualified Introductions are conditionally accepted and not fully confirmed until an iQ Offices Team member and the New Member approves and confirms the Referee’s involvement in the Qualified Introduction.
- By agreeing to these terms and conditions, you hereby represent and warrant that you have obtained consent from the New Member to send the New Member’s contact information to iQ Offices in connection with your participation in the iQ Referral Program, and you believe in good faith that the New Member desires to become a member of the iQ Offices community in the location named in your Qualified Introduction. Further, to the extent required by applicable law, you will inform the New Member of our Membership Agreement.
- Contact with New Member: Upon receipt of a Qualified Introduction, iQ Offices will initiate direct contact with the New Member for the purpose of confirming the Qualified Introduction unless otherwise instructed to contact the Referee first. By agreeing to these terms and conditions, the Referee hereby represents that it has obtained consent from the New Member to send the New Member’s contact information to iQ Offices for the purpose of participating in the iQ Referral Program as described herein.
- Fees and Payment: iQ Offices will pay the Referee a Referral Fee for Qualified Introductions equal to the amounts outlined in Section 4 of the iQ Referral Program. Eligibility for receipt of a Referral fee is contingent on the following factors:
- The Membership Agreement must be executed in full and be for a minimum term of three (3) months;
- The New Member must have paid its First Month’s License Fee plus applicable taxes and Security Deposit; The New Member must occupy the Office Suite.
- Referral Fees will be paid via EFT (where applicable) within 30 days of confirmation of all terms outlined in paragraph 5: Fees and Payment.
In the event a New Member signs a Membership Agreement with iQ Offices that is in any way conditional or contingent on acts by any party, including, but not limited to, agreements that are conditioned on iQ Offices entering into a lease for space encompassing the relevant Office Suite, then the Referral Fee for such Qualified Introduction shall be paid within thirty (30) days from the date the Membership Agreement is no longer conditional and/or contingent on further action(s) by any party.
- Former Members: Qualified Introductions of persons or entities that previously held, but no longer hold, Office Suite pursuant to a Membership Agreement with iQ Offices (“Returning Member”), shall be treated as either a renewal, expansion, or transfer, as applicable, except that if, as of the date of any Qualified Introduction, three (3) months or more have passed since the Returning Member’s move-out from their most recent iQ Offices Suite, such Returning Member shall be treated as New Member hereunder. The policy for Returning Members applies regardless of whether a Returning Member returns to the same or a different iQ Offices location.
- Submitting false leads;
- Providing incorrect information;
- Misrepresenting Referee’s relationship with New Members;
- Referring an entity which is a subsidiary, affiliate, or entity under common control of either the Referee or Referee’s firm or any entity in which the Referee or Referee’s firm has or shares an interest or parent entity;
- Misusing the iQ Offices Member network to solicit clients;
- Participating in or having any involvement in criminal or fraudulent activities; or
- Failing to comply with or breaching these terms and conditions.
A disqualified Referee is not eligible to participate in the iQ Referral Program and shall not be entitled to any Referral Fee, unless iQ Offices specifically revokes such disqualification in its sole discretion. All disqualifications are determined in iQ Offices’ sole discretion. In addition to being disqualified from the iQ Referral Program, iQ Offices may seek all rights and remedies available in equity or at law.
- Disqualification: A Referee may be disqualified from the iQ Referee Program for reasons including, but not limited to:
- General Terms & Conditions: You will defend, indemnify, and hold harmless iQ Offices from and against any claim, cause of action, demand, suit, proceeding, damages, liabilities, loss, or costs, including without limitation, reasonable legal fees, made or brought against iQ Offices arising out of:
- Your participation in the iQ Referral Program;
- Any breaches of your representations, warranties, or obligations hereunder; or
- The negligence or willful misconduct of you or your employees, representatives or agents.
iQ Offices will notify the Referee of any claims as soon as reasonably practicable.
iQ Offices will not be liable or obligated with respect to any subject matter of these terms and conditions or otherwise related to the iQ Referral Program or under any contract, tort, strict liability, or other legal or equitable theory, whether or not advised of the possibility of such damages whatsoever, for any special, indirect, incidental, exemplary, punitive, reliance, or consequential damages, or loss of profits, revenue, data, or use. iQ Offices’ liability shall not exceed the Referral Fee payable by iQ Offices to a Referee for a Qualified Introduction during the 6 months prior to the event giving rise to such liability.
iQ Offices reserves the right to amend or update the iQ Referral Program and these terms and conditions at any time without prior notice. Upon thirty (30) days’ written notice, or immediately upon notice in the case of an emergency, iQ Offices may, at its option, suspend or terminate the iQ Referral Program and these terms and conditions, whether worldwide or in any locations or geographic areas, as determined in iQ Offices’ sole discretion.
Referees shall use confidential information only in connection with these terms and conditions, unless otherwise authorized, instructed or agreed in writing by iQ Offices. Referees shall use best efforts to disclose confidential information only to the Referee’s representatives, employees, agents, or clients who need to know such information in connection with these terms and conditions, and Referees shall inform each such representative, employee, agent, or client of these confidentiality obligations and ensure that such parties abide by the confidentiality obligations set forth herein. Referees shall be solely responsible for any breach of these confidentiality obligations by any of its representatives, employees, agents, or clients. Referees shall treat all confidential information as strictly confidential, and will not, either directly or indirectly, use, communicate, or otherwise disseminate any confidential information to any person or entity for any purpose not permitted hereunder. Referees shall not produce or reproduce parts or components, in any form, incorporating confidential information, whether for itself or for a third party, for purposes or uses other than those permitted herein or as otherwise expressly permitted by iQ Offices in writing.
These terms and conditions, and the rights and obligations herein may not be assigned or transferred, in whole or in part, by a Referee without the prior written consent of iQ Offices. Any assignment in violation of this provision is void and without effect. iQ Offices may transfer these terms and conditions to any third party without the Referee’s consent. In the case of any permitted assignment under these terms and conditions, these terms and conditions or the relevant provisions shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto.
Brokers’ Fee Program
Subject to the following terms and conditions, iQ Offices will provide a Brokers’ Fee to each person (“Broker”) for each introduction (“Introduction”) of a qualified New Member that results in the execution of a Membership Agreement.
- Fees and Payment: Our Brokers’ Fee is calculated on monthly reoccurring payments for the License of a Private Office(s) and Dedicated Desk(s) (collectively, “Office Suite”) for the lifetime of the Member as follows:
- For the first 12 months or less:
- 10% of the License Fee Revenue, paid 15 days after occupancy;
- For 13 months or greater: 2% of the License Fee Revenue, paid quarterly, 15 days after quarter-end;
- For the first 12 months or less:
- The Brokers’ Fee for Initial Terms and Renewals is paid out 30 days after occupancy upon:
- Receipt by iQ Offices of an executed iQ membership agreement from the New Member or amended iQ membership agreement from a Member (the “Membership Agreement”); the Member having paid its First Month’s License Fee plus applicable taxes and Security Deposit; the Member occupying the Office Suite; and
- The Broker must provide iQ Offices with a valid invoice for the Finder’s Fee.
The Brokers’ Fee is only paid for the committed Term up front and is then subsequently paid in arrears quarterly for Agreements that go into a month-to- month status.
Our Brokers’ Fee for Sprint Spaces is paid out one time after we have received payment from the Member and the Sprint Space event is completed.
The Fee is calculated as 10% of the total venue rental fee for the Sprint Space event.
iQ Offices shall take direction from the Member as to which Broker shall be paid and represent their interest, in the event that there is more than one Broker involved in the transaction.
To qualify for iQ Offices’ Broker Fee Program, participants must be licensed real estate agents in the jurisdiction where the transaction takes place.
Both iQ Offices and the referring Broker agree that all terms, conditions, and proposals related to any transaction with iQ Offices are strictly confidential and may not be disclosed to any third party outside of the referring company. Unauthorized disclosure of such information, including but not limited to using deal terms from one client to negotiate for another, is strictly prohibited. iQ Offices reserves the right to seek damages or other remedies for any breach of this confidentiality obligation.
Contact Information
We welcome your questions, comments, and requests regarding these terms and conditions. Please contact us at:
