FACILITY BOOKING & RENTAL TERMS

[Updated February 2024]

Please read these terms and conditions carefully. By using our website, registering or using our Service, you agree to be bound by our General Terms and Conditions , our Privacy Terms and the below following Terms & Conditions that is most relevant to you as communicated in our booking form and/ or agreement you sign and commit to in becoming our member and/ or to use our services and facilities.

Facilities space booking customers: Facilities Booking General Terms and Conditions
Equipment rental customers: Equipment Rental Terms and Conditions
Mailbox/ Locker/ Studio Storage rental customers: Mailbox / Locker / Studio Storage Terms and Conditions
Retail purchase customers: Retail Terms and Conditions
Pass, Plans & Package customers: Pass, Plans & Packages Terms and Conditions

FACILITIES BOOKING GENERAL TERMS & CONDITIONS

Interpretation

1.1 In these Terms & Conditions (except where the context otherwise requires) words and expressions shall have the same meanings assigned to them as defined or designated in corresponding sections of the preceding Invoice and/ or Booking Form.

1.2 These Terms & Conditions form part of the agreement between Amphi Studios (a Co-Project Space business name under Lilee Design Company Limited), to the Person Responsible or Company Name (the “Customer”) concerning facilities booking services (the “Contract”) to be provided and as detailed in the Facilities Booking Form.

Confirmation of hire

2.1 Amphi Studios (“Amphi”) shall supply the Space Booking (together with the Setup/ Equipment Booking, if any) specified in the Facilities Booking Form (the “Space”) to the Customer during the booking period (from the Start Time to the End Time on the Date Needed), subject to any other specific timings agreed in writing by the parties (the “Booking Period”).

2.2 Unless separately agreed with Amphi, the Space will not be made available to the Customer outside of the Booking Period. Accordingly, the Customer should ensure that sufficient time has been allocated to setting up and clearing the Space within the Booking Period.

2.3 The Customer agrees that it and its guests will only use the Space and/ or Equipment booked, and that use of additional and/ or other spaces and/ or equipment will incur additional charges.
2.4 Bookings are not reserved until full payment has been confirmed received by Amphi and booking form has been signed and confirmed received by Amphi.

2.5 No outside food (including alcoholic drinks) can be brought into the Space, unless with Amphi’s consent and may be subject to a cleaning fee.

Licence and use of the Space

3.1 The Customer enters and uses the Space as licensee. NO tenancy relationship is created between Amphi and the Customer. The Customer shall not sub-license the rights granted hereunder and any sub-licensing is null and void.

3.2 The Customer has no right to exclude Amphi from the Space.

3.3 The Customer agrees and undertakes not to use the Space other than for the Purpose as specified in the Facilities Booking Form.

3.4 No illegality, misrepresentation of Amphi, nuisance, excessive noise, indecency, alteration or damages to anything in the Space is allowed.

3.5 Smoking is strictly prohibited in the Space and within the building. If the Customer or any of its guests are found to be smoking where it is prohibited, Amphi reserves the right to fine the Customer a sum of HKD1,500 for cleaning fees and any additional charges that may incur due to property damages.

3.6 Equipment provided by Amphi shall be used only for its proper intended purpose and in accordance with any instructions provided by Amphi regarding its use. The Customer will be responsible for compensating Amphi for any loss and/or damage to equipment.

3.7 The Customer further agrees that it and its guests will abide at all times to any rules, policies, procedures and/or House Rules as published and designated by Amphi from time to time.

3.8 The Customer agrees it and it guests will leave and return the Space as they received it and at the end of the hiring period by the End Time.

3.9 The Customer shall be responsible for the actions of and all damages caused by itself and its guests, including but not limited to any vendors invited by it to enter the Space.

3.10 No animals are allowed in the Space without prior written consent of Amphi, except for assistance such as guide dogs.

3.11 Amphi reserves the right to remove or request that the Customer remove any guest(s) that cause a breach of these Terms & Conditions.

3.12 The Customer agrees to be charged for overtime usage once exceeding booking end time and that overtime usage is subject to availability.

Charges and payment

4.1 The Customer shall pay the Charges by the due date as specified in these Terms & Conditions and the Facilities Booking Form.

4.2 The Customer will be charged an extra hour of overtime at fully hourly rate once exceeding 15 minutes of booking end time, and the same for every hour thereafter. The Customer will be charged an full hourly rate x2 for every hour overtime outside our operation hours or on public holiday(s).

4.3 Any changes and/ or extra space booking, and/ or additional set-up, and/or equipment hire requested after the agreed booking may incur additional charges to be quoted by Amphi.

4.4 Amphi shall invoice the Customer for the Charges, which shall be paid by the Customer as instructed on Booking Form and Invoice.

4.5 Amphi will issue an additional invoice after the Event to charge for any extra services rendered on the day(s) of Event which were not included in the invoice issued above. Such charges shall be payable by the Customer within the next business day.

4.6 If the Customer fails to pay any sum in full by the due date for payment, then, without prejudice Amphi’s any other remedies herein, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 10% per annum.

4.7 No refunds can be made once payment is confirmed received by us.

Liability & Indemnity

5.1 The Customer agrees to release Amphi from any potential liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.

5.2 Amphi shall not be liable for any death or injury, nor any damages or theft of any property that happens in the Space (or the venue at which the Spaces is located) except to the extent that the same arises from the gross negligence or wilful default of Amphi.

5.3 Subject to the aforesaid, Amphi’s total liability to the Customer shall not in any event exceed the Charges.

5.4 The Customer agrees to indemnify Amphi from and against any and all claims, including third party claims, liabilities, and expenses including reasonable legal fees, resulting from the use of the Space or any breach or alleged breach of the Contract by itself or its guests.

Changes/ Termination

6.1 Amphi may immediately terminate the Contract and withhold the supply of services by giving the Customer a written notice if the Customer fails to pay any amounts by its due date, breach any terms of the Contract, enters into liquidation, becomes bankrupt or is unable to perform the terms of the Contract.

6.2 The Customer may change their booking period and/or change equipment setup or hire ONCE, by giving at least two (2) business days’ written notice to Amphi, subject at all times to availability and agreement by Amphi. Date changes for bookings HK$3000 and under must be within 30 days and rescheduled within 7 business days. Date changes for bookings HK$3001 and above must be within 90 days from cancellation date and rescheduled within 7 business days. Additional services and/or equipment hire may incur additional charges.

6.3 Notices for booking period changes and/or changes to equipment set up/ hire made less than two (2) business days’ from the Start Time, and/or changes made more than once, and/ or rescheduling after 7 business days from initial booking date will incur a handling fee equivalent to 10% of the total Charges, subject again at all times to availability and agreement by Amphi.

6.4 Once payment is confirmed received by Amphi, no refunds and no cancellations will be made by us.

6.5 On completion or termination of the Contract:

any contractual term that is intended to continue in force after completion or cancellation shall remain in full force; and

completion or termination of the Contract shall not affect any rights or obligations of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract.

For the avoidance of doubt, Customers who fail to give sufficient written notice of cancellation or are absent on the Date Needed, will not be entitled to any refund of sums paid, which shall be deemed to be forfeit and payable to Amphi absolutely.

General

7.1 Amphi shall not be held to be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure is caused by events, circumstances or causes beyond its control.

7.2 The Contract and the transactions contemplated hereby shall be governed by and construed under the laws of Hong Kong.

7.3 Both parties agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any disputes arising out of the Contract.

7.4 The Contract constitutes the entire agreement between the parties and extinguishes all previous agreements and representations between them relating to its subject matter.

7.5 If any provision of the Contract becomes illegal or unenforceable, it shall be modified to the minimum extent necessary, and shall not affect the validity of the rest of the Contract.

7.6 Except as otherwise expressly provided in the Contract, none of the parties may, without the prior written consent of the other, assign, grant any security interest over, hold on trust or otherwise transfer the benefit of the whole or any part of this Contract.

7.4 Unless expressly provided to the contrary, a person who is not a party of the Contract has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or to enjoy the benefit of any term of the Contract.

EQUIPMENT RENTAL TERMS & CONDITIONS

Interpretation

Confirmation of hire

2.1 Amphi Studios (“Amphi”) shall supply the Equipment specified in the Invoice and/ or Booking Form to the Customer during the booking period (from the Start Time to the End Time on the Date Needed), subject to any other specific timings agreed in writing by the parties (the “Booking Period”).

2.2 The client will not assign, transfer, or sublet its rights agreed with Amphi, nor will pledge, mortgage or encumber the rented equipment or its rights hereunder and the Client will not permit same to be subjected to any lien, charge or encumbrance.

2.3 Unless separately agreed with Amphi, the Equipment will not be made available to the Customer outside of the Booking Period. Accordingly, the Customer should ensure that sufficient time has been allocated to pickup and return the Equipment.

2.4 Equipment hire is not confirmed until the Customer until full payment has been received by Amphi.

2.5 Equipment provided by Amphi shall be used only for its proper intended purpose and in accordance with any instructions provided by Amphi regarding its use.

2.6 Amphi does its utmost to ensure Equipment rented is fully functional prior Client’s start of usage. The Client is also responsible to verify prior start of use. Amphi does not take responsibility for any interruptions, liability and/or loss incurred should rental equipment malfunctions during booking period, whether not discoverable by Amphi or Client.

2.7 Any shortage / damage / malfunction be reported immediately when possible or upon return of equipment. Except for normal wear and tear of rental equipment, the Customer will be responsible for compensating Amphi for any loss and/or damage to equipment for its full replacement value.

Charges and Payment

3.1 The Customer shall pay the Charges by the due date as specified in the Invoice and/ or Booking Form.

3.2 Any overtime hire will incur additional charges to be quoted by Amphi.

3.3 Any changes and/ or additional set-up and/or equipment hire requested after the agreed booking may incur additional charges to be quoted by Amphi.

3.4 Amphi shall invoice the Customer for the Charges, which shall be paid by the Customer as instructed on Booking Form and Invoice.

3.5 Amphi will issue an additional invoice after the Event to charge for any extra services rendered on the day(s) of Event which were not included in the invoice issued above. Such charges shall be payable by the Customer within seven (7) days of receipt.

3.6 If the Customer fails to pay any sum in full by the due date for payment, then, without prejudice Amphi’s any other remedies herein, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 10% per annum.

3.7 Except for service retainers and/ or equipment rental deposits, and as otherwise provided for herein, there shall be no refunds of any fees or other amounts paid by you or your Members in connection with the Services.

3.8 Subject to the complete satisfaction of your obligations under an agreement with us, we will return any service retainer balance after deducting outstanding fees and other costs due to us, including any unsatisfied Membership Fee Obligations, to you within thirty (30) days after the later of (i) the termination or expiration of this Agreement, (ii) the date on which you provide to us all bank account information necessary for us to make such payment and (iii) your complete performance of all your obligations under Agreement with us, including full satisfaction of your Membership Fee Obligations and any additional obligations applicable following termination or expiration of said Agreement.

Liability & Indemnity

4.1 The Customer agrees to release Amphi from any potential liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.

4.2 Subject to the aforesaid, Amphi’s total liability to the Customer shall not in any event exceed the Charges.

4.3 The Customer agrees to indemnify Amphi from and against any and all claims, including third party claims, liabilities, and expenses including reasonable legal fees, resulting from the use of the Equipment or any breach or alleged breach of the Contract by itself or its guests.

Changes/ Termination

5.1 Amphi may immediately terminate the Contract and withhold the supply of services by giving the Customer a written notice if the Customer fails to pay any amounts by its due date, breach any terms of the Contract, enters into liquidation, becomes bankrupt or is unable to perform the terms of the Contract.

5.2 The Customer may change their equipment setup or hire ONCE, by giving at least two (2) business days’ written notice to Amphi, subject at all times to availability and agreement by Amphi. Date change must be within 3 months from initial booking date. Additional services and/or equipment hire may incur additional charges.

5.3 Notices for booking period changes and/or changes to equipment set up and hire made less than two (2) business days’ from the Start Time will incur a handling fee equivalent to 10% of the total Charges, subject again at all times to availability and agreement by Amphi.

5.4 Once payment is received by Amphi, no cancellations and no refunds can be made.

5.5 On completion or termination of the Contract:

any contractual term that is intended to continue in force after completion or cancellation shall remain in full force; and

completion or termination of the Contract shall not affect any rights or obligations of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract.
For the avoidance of doubt, Customers who fail to give sufficient written notice of cancellation or are absent on the Date Needed, will not be entitled to any refund of sums paid, which shall be deemed to be forfeit and payable to Amphi absolutely.

General

6.1 Amphi shall not be held to be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure is caused by events, circumstances or causes beyond its control.

6.2 The Contract and the transactions contemplated hereby shall be governed by and construed under the laws of Hong Kong.

6.3 Both parties agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any disputes arising out of the Contract.

6.4 The Contract constitutes the entire agreement between the parties and extinguishes all previous agreements and representations between them relating to its subject matter.

6.5 If any provision of the Contract becomes illegal or unenforceable, it shall be modified to the minimum extent necessary, and shall not affect the validity of the rest of the Contract.

6.6 Except as otherwise expressly provided in the Contract, none of the parties may, without the prior written consent of the other, assign, grant any security interest over, hold on trust or otherwise transfer the benefit of the whole or any part of this Contract.

6.7 Unless expressly provided to the contrary, a person who is not a party of the Contract has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or to enjoy the benefit of any term of the Contract.

MAILBOX/ LOCKER/ STUDIO STORAGE RENTAL TERMS & CONDITIONS

Interpretation

1.2 These Terms & Conditions form part of the agreement between Amphi Studios (a Co-Project Space business name under Lilee Design Company Limited), to the Person Responsible or Company Name (the “Customer”) concerning mailbox or locker (the “Product”) booking services (the “Contract”) to be provided and as detailed in the Agreement and/ or Booking Form.

Confirmation of hire

2.1 Amphi Studios (“Amphi”) shall supply the Product(s) specified in the Agreement to the Customer during the booking period (from the Start Date to End Date), subject to any other specific timings agreed in writing by the parties.

2.3 Any shortage / damage / malfunction be reported immediately when possible. Except for normal wear and tear of Product(s), the Customer will be responsible for compensating Amphi for any loss and/or damage to the Product(s) for its full replacement value.

License and use of the Product

3.1 The Customer enters and uses the Product as a licensee. NO tenancy relationship is created between Amphi and the Customer.

3.2 All mailboxes, lockers and storage space within Amphi Studios are the property of Amphi.

3.3 Unless with advance request and permission from Amphi, the Customer accepts they can only access the Product(s) during Amphi Studios’ operation hours (Monday-Friday, 9am-6pm), and advance request must be made with Amphi to access Studio storage space.

3.4 The Customer further agrees that it will abide at all times to any rules, policies, procedures and/or House Rules as published and designated by Amphi from time to time.

3.5 The Customer shall be responsible for the actions of and all damages caused by itself and its guests, including but not limited to any vendors hired by it to enter the Space.

3.6 The Customer agrees to not store in the Products:

Any combustible, inflammable or hazardous materials or substances.
Any food or any other items that may have an objectionable odour or that may decay.
Any item that would result in a violation of any law or regulation applicable to Amphi.
Any item that Amphi has determined to be unsuitable for storage in the Space.

3.7 The Customer understands that the Product is not designed for the protection or security of items that have intrinsic monetary value; collectible items or other irreplaceable items and that Amphi affords no such protection or security. Storage of Customer’s belongings is understood to be at Customer’s own risk.

3.8 The Customer acknowledges that Amphi does not maintain insurance for the Customer against the loss of the contents of the Customer’s Product(s). The Customer also acknowledges and agrees to maintain appropriate liability and casualty insurance relating to the Customer’s property stores in the Product(s), which is at the Customer’s own risk.

3.9 The Customer also acknowledges that Amphi shall have the right to open and if necessary, empty the Product(s) if access is required to make repairs to the Space or Space systems and equipment that may be in or near the Customer’s Product(s) necessitating access from within the Customer’s Product(s).

Mail Handling (For UP & GO / Mailbox Usage Customers)

4.1 The Customer must be a Amphi UP & GO member or Room member in order to utilise our mailbox facility, mail handling services and Amphi Studio’s business address.

4.2 The Customer has the responsibility to register all the appropriate company name(s) and contact person(s) for mail handling purposes with us. Only ONE company name and ONE trade name can be registered per room / mailbox membership service. More than one will incur additional membership charges.

4.3 Amphi reserves the right to reject and report to local government authorities any mail received from company/ trade name businesses not registered with us. Any registered person and/ or company misusing Amphi Studios’ address and mailing services, especially if for any fraudulent or unlawful purposes, is considered a breach of Agreement/ Booking Form and may result in their termination. Amphi also reserves the right to charge for additional usage and/ or claim compensation for any loss/ charges that may incur.

4.4 Sufficient proof of identity and authorization to register and receive mail on behalf of the company/ trade name at Amphi Studios must be provided to Amphi upon registering for mail handling services.

4.5 Any suspicious mails, parcels and/ or objects containing dangerous or illegal goods, Amphi reserves the right to reject from receiving them or dispose of them at our sole discretion discretion.

4.6 Amphi Studios is not responsible for any mail or parcel items that arrive damaged, faulty and/ or defective.

4.7 The Customer agrees and acknowledges Amphi will reject any mail or parcel, or accumulated number of mail or parcels that occupy a volume of 10 cubic feet or above. Any mail or parcel stored exceeding 10 cubic feet will be returned as well.

4.8 The Customer agrees that any mail or parcel :

exceeding 3.5 cubic feet will be kept for the 1 business day counting from day after the item is received, at no charge. A fee of HKD$20 per item per day will be charged thereafter.
exceeding 1 cubic feet will be kept, at no charge, for 2 business day counting from day after the item is received. A fee of HKD$10 per item per day will be charged thereafter.
below 1 cubic feet will be kept, at no charge, for 10 business days counting from the day after the item it received. A fee of HKD$5 per item per day will be charged thereafter.

4.9 The Customer accepts that Amphi will dispose of any items not collected after 1 month from the day it was received without further notice and you waive all rights in respect of the same.

4.10 The Customer accepts that any unreturned/ lost mailbox key will incur a replacement fee of HK$150 per key.

Charges & Payment

4.1 Upon submitting a signed and completed agreement, you will be obligated to deliver to us, the amount set forth in the agreement.

4.2 If your Product fee is set out in the agreement to be charged monthly, you will be obligated to deliver to us, the agreed amount set forth in the agreement monthly and in advance as of the first (1^st) day of each calendar month.

4.3 You are obligated to make payment of all Product fees owed throughout the booking period and this obligation is absolute notwithstanding any early termination of the agreement by you.

4.4 Amphi reserves the right to further increase or decrease the Product fee at our sole discretion upon thirty (30) days’ prior notice to you in advance of and in accordance with the Termination Notice Period.

4.5 Amphi will send or otherwise provide invoices and other billing-related documents, information and notices to the Customer.

4.6 If payment for the Product fee of any other accrued and outstanding fee is not made by the tenth (10^th) day of the month in which such payment is due, without prejudice to our other rights under the Contract, we shall have the right to charge interest at the rate of 2% of the total unpaid outstanding fee for each month or part of month that payment is in arrears, until settlement.

4.7 We accept payment of all amounts specified in this agreement solely by the methods we communicate to you during the sign-up process or from time to time during the booking period. You are required to inform us promptly of any changes to your payment information.

4.8 No Refunds. Except for service retainers and/ or equipment rental deposits, and as otherwise provided for herein, there shall be no refunds of any fees or other amounts paid by you or your Members in connection with the Services.

4.9 Subject to the complete satisfaction of your obligations under an agreement with us, we will return any service retainer balance after deducting outstanding fees and other costs due to us, including any unsatisfied Membership Fee Obligations, to you within thirty (30) days after the later of (i) the termination or expiration of this Agreement, (ii) the date on which you provide to us all bank account information necessary for us to make such payment and (iii) your complete performance of all your obligations under Agreement with us, including full satisfaction of your Membership Fee Obligations and any additional obligations applicable following termination or expiration of said Agreement.

Liability & Indemnity

5.1 The Customer agrees to release Amphi from any potential liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.

5.2 Amphi shall not be liable for any damages or loss to the Customer with respect to the contents of the Product as a result of theft, disappearance, vandalism, fire, water, leaking pipes, hurricane, rain, electrical malfunction, explosion, any act of God or any other situation out of the control of Amphi.

5.3 Amphi shall not have, or be deemed to have, custody, care or control of the contents of the Products, nor shall Amphi be deemed to be a bailee of the contents of the Products

5.4 Subject to the aforesaid, Amphi’s total liability to the Customer shall not in any event exceed the Charges.

5.5 The Customer agrees to indemnify the Amphi from and against any and all claims, including third party claims, liabilities, and expenses including reasonable legal fees, resulting from any breach or alleged breach of the Contract by itself or its guests.

Termination

6.1 Under the following circumstances, Amphi reserves all rights to terminate service(s) to the Customer without prior notice and shall bear no responsibilities nor shall be liable for any claims or compensation for discontinuing service(s):

Failure of the Customer to pay Amphi any rental charge due for the Product(s)
In suspicion of the Customer is involved in fraud or carrying out any illegal or improper activities.
The Customer becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts at they fall due.
A decision made by Amphi to use the space occupied by the Product(s) for another corporate purpose of Amphi.

6.2 The Customer may terminate the agreement by giving advance written notice to Amphi 14 business days prior agreement end date.

6.3 No refunds will be made should the termination of the agreement is made by the Customer within the agreement period.

6.4 In the event of the termination of the agreement, whether by Amphi of the Customer, the Customer shall remove the contents from the Product(s) no later than the fate in which such termination is effective. If the Customer does not empty its contents from the Product(s), Amphi may empty and may dispose the contents as if the contents were abandoned property of no value.

6.5 The Customer may not, without prior written consent from Amphi, assign the Contract, transfer the Customer’s rights under the Contract to any person, or allow any other person to use the Product(s).

General

7.1 Amphi shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control.

7.2 The Contract and the transactions contemplated hereby shall be governed by and construed under the law of Hong Kong.

7.3 Both parties agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any disputes arising out of the Contract.

7.4 The Contract constitutes the entire agreement between the parties and extinguishes all previous agreements and representations between them, relating to its subject matter.

7.5 If any provision of the Contract becomes illegal or unenforceable, it shall be modified to the minimum extent necessary, and shall not affect the validity of the rest of the Contract.

7.6 Unless expressly provided to the contrary, a person who is not a party of the Contract has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or to enjoy the benefit of any term of the Contract.