Terms and Conditions
A. Base Services in General.
My Executive Center shall provide the Member with access to and a revocable license to use the Business Center for the service package selected on the website in such reasonable quantities and during such reasonable hours as shall be determined by My Executive Center, in its sole and absolute discretion. Member may use the Business Center for professional or business office uses only. Member acknowledges and understands that it is entitled to the Base Services only in common with other My Executive Center members at the Business Center.
B. Additional Services in General.
Additional Services are available to Member only (i) in accordance with the terms of the Member’s Service Plan, (ii) on a prior reservation basis and (iii) if, when and as available. Member agrees to comply with My Executive Center’s reservation policies to reserve Additional Services. Member understands that there are numerous other My Executive Center members, and therefore, there is no guaranty that the Additional Services will be available to Member when or as Member wishes or requests. Normal business hours for My Executive center are from 8am to 5pm Monday – Friday excluding the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and the day after Thanksgiving and Christmas Day.
C. Telephone Answering.
If member has selected the voice answering package, My Executive Center will answer Member’s incoming telephone calls in Member’s name during normal business hours, as determined by My Executive Center in its sole and absolute discretion. Answering service will be limited to normal business communications, excluding telemarketing and advertising that would result in an undue number of calls being received.
D. Telecommunications Systems.
Member will use only telecommunications systems and services as provided by My Executive Center at the Business Center with the exception of mobile or internet based phone systems solely owned and operated by the member such as cell phones or VOIP services.
E. Guests and Additional Members.
Member understands that the use of My Executive Center is limited to the licensed Member only unless specifically referenced in the General Terms under “Additional Services”. Full Time Executive Office Member is entitled to have up to 2 guests in an Executive Office at one time. In the event that Member has more than 2 quests, a private meeting room must be reserved for this purpose. A guest shall be defined as any person not professionally or personally engaged with Member for the purpose of promoting of or working for Member. This includes employees, family members, independent contractors, agents or any other person that has a material interest in the business of Member. My Executive Center recognizes that family, friends or associates may from time to time visit Member for personal reasons only, which will be deemed allowable at the discretion of My Executive Center management. Member guests are expected to adhere to the same Rules and Regulations (Schedule C) as Member. If it is determined that Member’s guests are engaging in business activity either directly for or in association with Member or for the guest’s own professional endeavors, Member will be charged, at a minimum, a fee no less than My Executive Center’s basic additional Member Plan and said guest will be required to sign a Membership Agreement. These fees will continued to be charged to Member on a monthly basis until such time that Member provides written cancellation of the Additional Membership with thirty (30) days prior notice.
3. DURATION OF AGREEMENT / TERMINATION
This Agreement shall commence today and shall continue for 6 months from the first full month of this agreement. This agreement will continue on a month to month basis upon completion of the initial term of the Agreement term. My Executive Center may terminate the Agreement at any time by giving no less than one (1) day notice if it is determined that the Member has violated any of the Rules and Regulations of My Executive Center as described in Schedule C of this Agreement. My Executive Center may also terminate this Agreement for any reason with no less than thirty (30) days notice of termination. Member may terminate this Agreement with no less than thirty (30) days notice upon the satisfaction of the original term of this Agreement as described in Section 1B. Upon termination, Member shall cease all use of the Business Center and its services. If Member continues to use the Business Center or Services after termination, Member shall pay My Executive Center an amount equal to double the fees which would otherwise be charged.
A. Member’s Agreement to Pay.
Member agrees to pay to My Executive Center the Monthly Base Fee, plus applicable sales or use taxes, in advance on the first day of each calendar month, without any deduction, offset, notice or demand. If the Commencement Date is other than the first day of a month or if this Agreement terminates on any day other than the last day of a month, then the Monthly Base Fee for that month shall be prorated. Charges for Additional Services shall be due and payable within ten (10) days of My Executive Center’s invoice. Payments shall be deemed late if not made by the due date which will be the first day of each calendar month. All payments shall be made at the office of My Executive Center or at such other location designated in writing by My Executive Center.
B. Late Charges, Interest, Collection Expenses.
Late payments are subject to a late charge equal to 1.5 percent monthly (18% per annum) or the maximum allowable by the laws of the State of Florida, which is the agreed upon fee to compensate My Executive Center for the inconvenience. If My Executive Center engages an attorney to collect any late charges, then Member shall be liable to pay My Executive Center’s reasonable attorneys and paralegal fees and costs, whether incurred during negotiations, at trial, upon appeal, or during agency or bankruptcy proceedings.
C. My Executive Center reserves the right, at any time, and from time to time, to change (i) the Monthly Base Fee charge, (ii) the charges applicable to any Service Plan and /or (iii) the charges for Additional Services. My Executive Center will provide Member with ten (10) days written notice of any change. If My Executive Center changes its fees, Member’s sole recourse is to terminate this Agreement. Unless Member elects to terminate this Agreement, the new fees shall become effective on the date stated by My Executive Center.
Upon the execution of this Agreement, Member shall provide My Executive Center with an imprint of a current credit card. If Member defaults in his performance of any of the terms hereof or fails to timely pay any sums hereunder, My Executive Center may charge the Member’s credit card for all sums due My Executive Center.
5. DAMAGES, INSURANCE, INDEMNITY.
Member will not damage or deface the furnishings, walls, floors or ceilings of the Business Center nor make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Business Center. Member will not cause damage to any part of the Building or the property of My Executive Center or disturb the quiet enjoyment of any other licensee or occupant of the Building and will be liable for damages caused by the Member’s actions.
Member assumes all risk of loss with respect to all personal property of Member, its agent’s employees, contractors, and invites, within or about the Business Center or the Building. Member acknowledges that it is the Member’s responsibility to maintain insurance to cover all its property.
Member shall indemnify, defend and hold harmless My Executive Center from and against any liability to third parties arising out of Member’s use and occupancy of the Business Center or any negligent or improper act or omission of Member or Member’s officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers or invitees.
D. Limitations on Liability.
Member acknowledges that due to the imperfect nature of verbal, written and electronic communications, neither My Executive Center nor any of its officers, directors, employees, shareholders, partners, agents or representatives shall be responsible for damages, direct, indirect or consequential, that may result from either (i) the failure of My Executive Center to furnish any Service (Base or Additional), including but not limited to the service of conveying messages, communications and other utility or services required under this Agreement or agreed to by My Executive Center or (ii) My Executive Center’s default hereunder. Member’s sole remedy is limited to an adjustment to Member’s billing and/or the termination of this Agreement. My Executive Center and its directors, licensors, officers, agents, servants and employees shall not be liable for, and Member waives all right of recovery against such entities and individuals, for any damage or claim with respect to any injury to person or damage to, or loss or destruction of any property of Member, its employees, authorized persons and invites due to any act, omission or occurrence in or about the Business Center or the Building. MEMBER EXPRESSLY WAIVES, AND AGREES NOT TO MAKE ANY CLAIM FOR DAMAGES, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF ANY FAILURE TO FURNISH ANY UTILITY, SERVICE OR FACILITY, ANY ERROR OR OMISSION WITH RESPECT THERETO, OR ANY DELAY OR INTERRUPTION OF THE SAME.
If Member defaults in the timely payment of any sums due hereunder in the prompt and full performance of any other provision of this Agreement. My Executive Center may, if My Executive Center so elects, without any additional notice of such election or demand to Member, either forthwith terminate this Agreement and the license to use any portion of the Business Center, without releasing Member, in whole or in part, from the Member’s obligations hereunder or My Executive Center may pursue any other remedy now or hereafter available at law or equity. My Executive Center’s exercise of any one right or remedy shall not prevent it from exercising any other right or remedy. Member agrees to pay all costs and expenses, including reasonable attorneys’ fees, expended or incurred by My Executive Center in connection with the enforcement of this Agreement, the collection of any sums due hereunder, any action for declaratory relief in any way related to this Agreement or the protection or preservation of any rights of My Executive Center hereunder.
7. NON-COMPETE / RESTRICTION ON HIRING / NON-SOLICITATION / CONFIDENTIALITY.
Member acknowledges and agrees that the My Executive Center concepts are unique, and therefore, Member agrees that for so long as this Section 7 is in effect and for a period of one (1) year thereafter, neither Member nor any of his principals, employees or affiliates (or any of the spouses, parents or children of any of such persons) will offer to any other Of My Executive Center member or to any occupant of the Building any of the Services that My Executive Center provides to its members or otherwise compete with My Executive Center.
B. Restriction on Hiring.
Member agrees that for so long as this Agreement is in effect and for a period of one (1) year thereafter, neither Member nor any of his principals, employees or affiliates (or any of the spouses, parents or children of any of such persons) will hire directly or as an independent contractor, any person who is at that time, or was during the term of this Agreement, an employee of My Executive Center.
Member acknowledges and agrees that My Executive Center has a vested interest in maintaining its current and future membership and therefore Member is restricted from discussing, enticing, promoting or contracting with any other Member of My Executive Center for the purpose of cancelling and/or not renewing any and all agreements made by My Executive Center with other Members. Additionally, Member agrees to keep confidential and restrict from soliciting any and all agreed upon terms, conditions, fees, exceptions or modifications to an agreement made with My Executive Center and Member and current or future Members.
In the event of a breach of any obligation of Member contained in Section 7, Paragraphs B, Member shall be liable to My Executive Center for, and shall pay to My Executive Center, on demand, agreed upon liquidated damages in the amount of $50,000.00; the parties acknowledging that it is impossible to fix the exact damages that My Executive Center will suffer.
A. Only Agreement.
This is the only Agreement between the parties. No other agreements are effective. All amendments to this Agreement shall be in writing and signed by all parties. Any other attempted amendment shall be void. The invalidity or unenforceability of any provision hereof shall not affect the remainder hereof.
All waivers must be in writing and signed by the waiving party. My Executive Center’s failure to enforce any provision of this Agreement or its acceptance of fees shall not be a waiver and shall not prevent My Executive Center from enforcing any provision of this Agreement in the future. No receipt of money by My Executive Center shall be deemed to waive any default of Member or to extend, reinstate or continue the term hereof.
C. Governing Law.
The laws of the State of Florida shall govern this Agreement.
D. Signing Parties.
All parties signing this Agreement, as a partnership or co-signing individuals, shall be jointly and severally liable for all obligations of Member.
Neither Member nor anyone claiming by, through or under Member shall assign this Agreement or permit the use of any portion of the My Executive Center by any person other than Member; provided, however, Member may assign this Agreement to an affiliated corporation of Member. In the event of any such permitted assignment, Member shall not thereby be relieved of any of its obligations under this Agreement.
F. Rules and Regulations.
The Rules and Regulations of the Building and of My Executive Center are expressly made a part of this Agreement and Member expressly covenants and agrees to abide by all of such Rules and Regulations and such additional terms, as well as such reasonable modifications to such Rules and Regulations as may be hereafter adopted by My Executive Center.
All notices hereunder shall be in writing. Notices to My Executive Center shall be deemed to be duly given if mailed by registered or certified mail, postage prepaid, addressed to My Executive Center at 4600 Touchton Rd, Suite 1150 Jacksonville, FL 32246
H. Notice to Member shall be deemed to be duly given if mailed by registered or certified mail, postage prepaid, to Member at the Building and as follows: 4600 Touchton Drive East Bldg. 100 Ste 150 Jacksonville, FL 32246
I. Agreement Not A Lease.
THIS AGREEMENT IS NOT INTENDED TO CREATE A LEASE OR ANY OTHER INTEREST IN REAL PROPERTY IN FAVOR OF THE MEMBER, BUT MERELY CREATES A REVOCABLE LICENSE IN ACCORDANCE WITH THE TERMS HEREOF. This Agreement grants Member the license to use the My Executive Center for the specific purposes herein set forth without diminution of the legal possession or control thereof by My Executive Center and shall be revocable at the option of My Executive Center upon the destruction of the My Executive Center or the breach by Member of any term or condition herein set forth. This Agreement is subject and subordinate to any underlying lease or contract of the Building or of the premises compromising the Office or the My Executive Center as such lease or contract may be amended from time to time (such underlying lease or contract together with any amendments, is hereinafter referred to as the “Master Lease”). This Agreement shall terminate simultaneously with the termination of the My Executive Center operation for any reason.
J. Member acknowledges that My Executive Center will comply with U.S. Postal Service regulations regarding Member’s mail and, upon termination of this Agreement; it will be Member’s responsibility to notify all parties of termination of the use of the Business Center address, assigned telephone number, and facsimile numbers.
K. My Executive Center may assign this Agreement and/or any fees hereunder and Member agrees to comply with any such assignee.
RULES AND REGULATIONS
- Member’s employees and guests will conduct themselves in a businesslike manner; proper business attire will be worn at all times; the noise level will be kept to a level so as not to interfere with or annoy other Members and Member will abide by My Executive Center’s directives regarding security, keys, parking and other such matters common to all occupants. Guests of Members must be of legal age (18) and must accompany Member at all times. Members whose guests are under the legal age of 18 must limit any visit to the Center to no more than 30 minutes. During such visits, it will be the responsibility o the Member to assure all rules and regulations are maintained by their underage guests.
- Member agrees to use chair mats and desk pads in the Office(s) and any damage from failure to use the same will be the responsibility of Member. Member will not affix anything to the windows, walls or any other part of the My Executive Center or make alterations or additions to the My Executive Center without the prior written consent of My Executive Center.
- Member will not prop open any corridor doors, exit doors or door connecting corridors during or after business hours.
- Member can only use public areas with the consent of My Executive Center during normal business hours (8am – 5pm, Monday through Friday excluding holidays) and those areas must be kept neat and attractive at all times.
- All corridors, halls, elevators and stairways shall not be obstructed by Member or used for any purpose other than egress and ingress.
- No advertisement or identifying signs, other than provided by My Executive Center, or other notices shall be inscribed, painted, or affixed on any part of the corridors, doors or public areas.
- Member shall not, without My Executive Center’s prior written consent, store or operate in the My Executive Center any computer (except a personal computer) or any other large business machine, reproduction equipment, heating equipment, stove, radio, stereo equipment or other mechanical amplification equipment, vending or coin operated machine, refrigerator or coffee equipment, or conduct a mechanical business therein, do any cooking therein, or use or allow to be used in the Building, 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 My Executive Center. No offensive gases, odors or liquids will be permitted.
- The electrical current shall be used for ordinary lighting purposes only unless written permission to do otherwise shall first have been obtained from My Executive Center at an agreed cost to Member.
- If Member requires any special installation or wiring for electrical use, telephone equipment or otherwise, the personnel shall do such wiring at Member’s expense designated by My Executive Center.
- Member may not conduct any type of “retail” business in the hallways, reception area or any other area except in its designated Office(s) without the prior written consent of My Executive Center. Retail business shall be defined as that in which advertising, cash transactions or openly promoting one’s company could interfere with the general operations of the Center by My Executive Center employees or other members of the Center.
- Member will bring no animals other than seeing-eye dogs in the company of blind persons into the Building.
- Member shall not remove furniture, fixtures or decorative material from the Office(s) without the written consent of My Executive Center and such removal shall be under the supervision and regulations of the My Executive Center.
- Member will not use the My Executive Center for manufacturing or storage of merchandise except as such storage may be incidental to general office purposes.
- Member will not occupy or permit any portion of the My Executive Center to be occupied or used for the manufacture, sale, gift or use of liquor, narcotics or tobacco in any form.
- Member will not use the Office(s) for lodging or sleeping or for any immoral or illegal purposes.
- No additional locks or bolts of any kind shall be placed upon any of the doors or windows of the My Executive Center by Member nor shall any changes be made on existing locks or the mechanisms thereof.
- Member shall, before leaving the Office(s) unattended for an extended period of time, close and securely lock all doors and shut off all lights and other electrical apparatus. Member so shall pay any damage resulting from failure to do so.
- Canvassing, soliciting and peddling in the Building are prohibited and Member shall not solicit other Members for any business or other purpose without the prior written approval of My Executive Center.
- All property belonging to Member or any employee, agent or invitee of Member shall be at the risk of such person only and My Executive Center shall not be liable for damages thereto or for theft or misappropriation thereof.
- If Member does not remove any property belonging to Member from the My Executive Center by the end of the term, at the option of My Executive Center, Member shall be conclusively presumed to have conveyed such property to My Executive Center under this Agreement as a bill of sale without further payment or credit by My Executive Center to Member and My Executive Center may remove the same and Member shall pay My Executive Center all costs of such removal upon demand.
- Smoking shall be prohibited in all public areas, including conference and training rooms. No smoking shall be permitted at any time in any area of the My Executive Center (including open offices and workstations).
- Member must receive prior authorization from My Executive Center staff to use equipment situated in various locations throughout the Center to include televisions, copier machine, videoconferencing equipment, A/V equipment, screens, flipcharts and projectors. Issuance of a copier code by My Executive Center staff will be deemed “prior authorization” for the sake of using the copier only. All other equipment must be requested and authorization must be granted for each and every use.
My Executive Center shall have no responsibility to Member for the violation or non-performance by any other My Executive Center Member of any of the Rules and Regulations but shall use reasonable efforts to uniformly enforce all Rules and Regulations.
MEETING ROOM BOOKING AND CANCELLATION POLICY
Each member is entitled to book common rooms on a first come first served basis. We will do everything possible to fulfill your request including offering alternatives if the space you are requesting is booked. A minimum of one (1) hour is required for all meeting room bookings. To book your space, please contact any staff member for assistance by calling 904-680-1288.
If you need to cancel the space for any reason, please contact a staff member as soon as possible. Below is the cancellation policy for My Executive Center members.
- Any cancellation with less than 24 hours (1 full business day) notice will be billed at 50% of the total booked time with a minimum of 1 (one) hour.
- If you are a full time member, this time will be deducted from your allotted monthly hours.
- If no notice is provided, clients will be billed 100% of the booked time with a 1 (one) hour minimum.
- Guests not accompanied by member(s) will be charged non-member rates for all bookings at member’s expense.