Once this Application has been approved, a licence agreement would have been formed between HKCMCL (as licensor) and the Applicant (as licensee) upon such terms as contained in this Application and the Terms of Usage

Terms Of Use

  1. The Applicant has submitted the Application Form to HKCMCL for subscription of an office room (the “Premises”) at a monthly charge in Hong Kong dollars as stated on Part A of this Agreement (“the Licence fee”). The Licence Fee will be charged monthly. Payment of the monthly charge should be made not less than 7 days in advance before the first day of each calendar month. The use of the Premises and related facilities is granted by way of a licence to the applicant to the intent that no right of exclusive possession of the Premises is given to the Applicant. No tenancy or other right, title or interest in land is create or intend to create by this agreement in favor of the applicant. This licence is terminable forthwith by HKCMCL at any time upon the Applicant having committed any breach of the terms and conditions herein contained (including , without limitation, any failure to pay the licence fee by due date), whereupon the door access will be terminated at the same time.
  2. The Applicant has the right of using the subscribed facilities at Smart-Space including meeting room, pantry, phone booth etc. from the approval date until the expiration date of this licence.
  3. Smart-Space offers 24 hours access from Monday to Sunday. Front desk operator managing use of all the facilities provided in Smart-Space from 9:00am – 1:00pm and 2:00pm – 5:30pm (Mon-Fri except Public Holiday). Users are required to present their registered Octopus Card at the entrance of Smart-Space for access to the Premises.
  4. A clean desk policy should always be maintained and HKCMCL and its employees, agents and contractors will not in any circumstances be liable for any theft, loss or damage from to the premises or for any damage done to any effects of the applicant in the premises.
  5. The Applicant is required to pay any loss or damage caused to the Premises thereof at a cost to be decided by HKCMCL.
  6. Provision of the facilities and benefits in Smart-Space is subject to change from time to time by HKCMCL without prior notice to any user.
  7. In case of disputes regarding these terms and conditions, HKCMCL’s decision shall be final and binding on the Applicant.
  8. The Applicant acknowledges that the information provided can be used by HKCMCL for service related purposes and activities.
  9. The maximum fixed term rolling is 12 months only unless special approval has been obtained from specific programs. Upon expiry of the Fixed Term stated in Part A of this Application Form and unless a renewal licence has been entered into by the Applicant and HKCMCL or either party notifies the other in writing at least 14 working days prior to completion of the fixed term stated in Part A that it has no intention to renew this licence, this licence shall automatically be renewed on a monthly basis and on the same terms and conditions as stated in the Application Form upon completion of the fixed term of licence unless otherwise specified in any prior notice from HKCMCL. During the renewal period, monthly licence shall be terminable by either party serving 14 working day termination right per clause 9 under Terms of Usage. The licence will forthwith come to end without notice if the Applicant is in default of payment of the Licence Fee to HKCMCL on the date when the Licence Fee becomes due.
  10. The Applicant shall punctually pay to the HKCMCL the Licence Fee (together with the remittance fees charged by the paying bank(s) and the beneficiary bank as designated by HKCMCL) and other service charges incurred by the Applicant in the sum and payable in the manners as specified herein.
  11. The Applicant acknowledges that, insofar as the Premises is a workstation or Flexi-Space, use of the Premises shall be restricted to one user only at all time. Any Premises being a flexi-space shall be used on a floating basis such that the Applicant shall only be permitted to use such Premises which is not assigned to a particular user and is unoccupied for the time being. In case of dispute as to which Premises is available for the Applicant’s use, HKCMCL’s decision shall be final and binding on the Applicant. The Applicant acknowledges that occupying any premises to which it is not entitled or occupying any one premises by more than one user at any time shall constitute a material breach of this licence and shall give HKCMCL the right to terminate this licence forthwith without advance notice to the Applicant.
  12. The Applicant hereby agrees to observe and perform all rules and regulations governing the use of Smart- Space and Cyberport (of which the Premises form part) made or revised by HKCMCL and/or its Facility Manager from time to time (the “House Rules”) which shall form an integral part of this licence. The Applicant acknowledges that it has been advised by HKCMCL to inspect the House Rules prior to signing of this licence. It is the applicant’s own duty to inspect and get familiarize with House Rules.
  13. No person, who would not have had such right or benefit but for the Contracts (Rights of Third Parties) Ordinance (Cap.623), shall have any right to enforce or be benefited from any term of this Licence.
  14. It is one of the essential conditions that the use the Premises by the applicant must at all times be consistent with the nature of business as stated in the Applicant’s application for the Premises and approved by HKCMCL.Failure to comply with the term shall constitute a material breach of this Licence and shall entitle HKCMCL to terminate this Licence immediately.
  15. Cyberport is a community, and as such we regularly organize events and other activities to support and engage its members. As part of these community-focused initiatives we may share your data internally to facilitate event organization. Please be assured that we will never sell your data nor divulge to third-parties.
  16. After confirming the approval of the application, in order to maximize the effectiveness of using our Offices and Workstation, all Smart Space office spaces and workstation users are required to use the space licenced to them in an optimal manner. Smart-Space Licensees are required to attain minimum usage of 30% utilisation rate each month. The Facilities Management Office will constantly monitor the utilization of the spaces and provide reports to HKCMCL. HKCMCL has the absolute discretion and right in terminating this licence by giving 14 days prior written notice to the applicant and assign alternative space to the applicant concerned (where appropriate) in order to avoid under-utilization by the Licensee concerned.
  17. HKCMCL may also terminate this licence immediately upon the occurrence of any of the following events:
    • the Applicant becomes insolvent, bankruptcy, goes into liquidation or becomes unable to pay its debt as they fall due; or
    • the Applicant using the Premises for any noisy, dangerous, illegal or immoral purpose, or doing or permitting any other person to do on the Premises or other laws of Hong Kong, or any other thing which, in the opinion of HKCMCL, may be a nuisance or disturbance or cause damage to or be to the prejudice of HKCMCL or any other users at the Premises.
  18. The Applicant shall be deemed to have abandoned all the effects or any items whatsoever left on or about the Premises for more than 3 days after the expiry or termination of this licence. The Applicant shall have no claim for compensation, loss of revenue or profits in respect thereof or arising therefrom. HKCMCL shall have the full right and authority to deal with any of such effects or any such items whatsoever in such manner and on such terms as HKCMCL thinks fit (including, without limitation, disposal, sale or transfer) without being accountable to the Applicant, and the Applicant shall fully indemnify HKCMCL from and against all expenses losses or claims arising therefrom.
  19. The Applicant shall prohibit his directors, employees, agents, and sub-contractors who are involved in this license from offering, soliciting or accepting any advantage as defined in the Prevention of Bribery Ordinance, Cap 201, when conducting business in connection with this license. The Licensee/Applicant shall take all necessary measures (including by way of a code of conduct or contractual provisions where appropriate) to ensure that his directors, employees, agents and sub-contractors are aware of the prohibitions in this clause. The Applicant shall not and shall ensure that his agents and employees shall not give or offer any advantages as defined under the Prevention of Bribery Ordinance to any agent or employee of the HKCMCL in connection with the applications and leasing initiatives. Promptly declare and notify HKCMCL in writing of any potential or actual conflict of interests upon becoming aware of the same. “Conflict of interests” shall include, but are not limited to, any situation where the private interest of an Applicant, conflict or compete, or may be expected to conflict or compete, with the role, duties and/or impartiality of such Applicant.
  20. The Licensee/Applicant shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (including the Basic Law and the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“National Security Law”)). The Licensee/Applicant, declares that to the best of his knowledge, the Licensee/Applicant has not been involved in any violation of the National Security Law nor has the Licensee/Applicant been involved in any criminal offense or litigation case.
  21. For fixed term License, HKCMCL shall have a right at any time during the Term by not less than one (1) month’s prior written notice (Relocation Notice) to relocate the Licensee to another spaces of a similar size at another Smart-Space to be designated by HKCMCL whose decision shall be final and binding on the Licensee. The Licensee shall not make any objection thereto or make any claim in respect of any losses or any damages which the Licensee may suffer as a result of or on account of such relocation.
  22. Fixed term Licence may be early terminated by prior one (1) month written notice by upgrading to similar space types at Smart-Space or regular office.
  23. This Personal Information Collection Statement of Hong Kong Cyberport Management Company Limited (“us” or “we”) applies to the personal data collected in this Application Form (“Personal Data”). The Personal Data will be used for one or more of the following purposes: processing your application; communicating with you if we have any/or question and update about your application; providing updates, services, products, facilities or activities and matters relating to our administration, management, operation and maintenance; designing, reviewing, evaluating and enhancing our services, products, facilities or activities (including conducting research, survey and analysis for those purposes); and handling complaints, legal, safety and security purposes. It is mandatory to provide the requested personal data, or we will not be able to process your application. You have the right to request access to, and correction of, Your Data held by us. We may charge a reasonable fee for administering and processing your data access request. If you need to check whether we hold Your Data or if you wish to have access to, correct any of Your Data which is inaccurate, please write via e-mail to leasing@cyberport.hk. Please see our Privacy Policy Statement at http://www.cyberport.hk/en/privacy_policy for our general policy and practices in respect of our collection and use of personal data.
  24. For Flexi-Space users registered at Smart-Space PropTech at Fanling, they can enjoy cross centre pass to Cyberport Smart-Spaces (ONE of the Flexi-Space zone at Cyberport except FinTech centre) & Smart-Space 8 at Tsuen Wan Flexi-Space zone, during office hours from Monday to Friday (exclude Public Holidays). Flexi-desk is available on a first come first serve basis.
  25. For Flexi-Space users registered at Cyberport Smart-Spaces and Smart-Space 8 at Tsuen Wan, they can can enjoy cross centre pass at Flexi-Space zone between these two centres during office hours from Monday to Friday (exclude Public Holidays). Flexi-desk is available on first come first serve basis.
Home
Subscribe Now
Cart
Contacts