Terms and conditions

 

The following terms and conditions govern the relationship between You (hereinafter the “Member”) and the Service Provider, whereby the Member is granted a right to use designated amenities – depending on the specified membership – and to benefit from being part of the Service Provider’s community. This agreement constitutes the entire agreement between the Member and the Service Provider unless otherwise stated in the Addendum.

 

  1. Site

1.1 The Service Provider at its premises (hereinafter the “Site”) is in the business of executing events and providing community services to its Members, i.e. granting access to a network of entrepreneurs, creatives, freelancers, designers, investors, and other partners, and to services offered by the Service Provider through its existing partnerships.

1.2 The whole of the Site remains in the Service Provider’s possession and control. The Member accepts that this agreement creates no tenancy interest, leasehold estate or other real property interest in the Member’s favor with respect to the site. The Member has the right to use the Site on these terms and conditions, supplemented by the House Rules.

1.3 The Member shall provide the Service Provider with an up-to-date list with names of the people using the Site (see clause 9 about privacy). The Member is responsible for ensuring that all people using the Service Provider’s facilities comply with the terms of this agreement, the total amount of members is specified in this agreement, and any change above this amount should be approved by the Service Provider.

 

  1. Services offered by the Service Provider

2.1 The Service Provider offers different services, which may not all be available at every Site, including: granted access to dedicated rooms, shared rooms, fixed desks, flex desks, and Work Lounge (hereinafter defined generically  as “accommodations”). The following additional services are included in a Membership: electricity, cleaning, access to internet, coffee, tea, kitchen facilities, printer/scanner (with limitations), meeting rooms (with limitations), common areas, hospitality areas (when not in use), other  available amenities (like wardrobes and bike parking) and mail handling (with limitations).

2.2 The Service Provider is to provide the number of accommodations for which the Member has agreed to pay for in this agreement. This agreement allows the number of accommodations to be changed without amending the term and conditions. The Member will have a non-exclusive right to the rooms allocated to it and the Service Provider may need to rearrange and allocate the Member a different accommodation (of reasonably equivalent size). The Service Provider will notify the Member with a notification period equal to the specified termination period.

2.3 A membership also gives the Member access to the Service Provider’s community, internal platform (Member’s Portal) and communication channels. The Member will be granted discounted prices on rent of event space provided by the Service Provider and discounts on selected products in the Service Provider’s cafe/restaurant/bar (if any). The Member is allowed to participate in all open events hosted by the Service Provider and their external partners, and to certain exclusive events hosted by the Service Provider for its Members.

2.4 Office (Scale) Members: Scale members – private and shared – will be provided with desks and chairs chosen by the Service Provider, in accordance with office capacity.

2.4.1 The Office maximum capacity is set in accordance with local Health and Safety regulations, should a company need to add more members access beyond the maximum capacity, a Lounge membership with a 50% discount will be provided.

2.4.2 The Member is allowed to bring in their own and other furniture to the office with the advance consent of the Service Provider, this is at the Member’s own expense and responsibility.

2.5 Desk (Build) Members: Build members – fixed and flex desks – will be provided with desks and chairs. The Member is not allowed to bring in their own furniture to the office.

2.6 Lounge Members: Lounge Members have access to the work lounge, and the interior of the work lounge is the complete selection of furniture that is available to the Member. Scale and Build Members are equally allowed to use the Work Lounge.

2.7 Hybrid Members: have access to the area they book, as meeting rooms, lounge or desks booked location.

2.8 The Service Provider is to provide – during normal opening hours – the services governed by this agreement. If the Service Provider decides that a request for any particular service is excessive, it reserves the right to charge an additional fee.

2.9 The Service Provider has internet security protocols but does not make any representations as to the security of the Service Provider’s network and internet or of any information that the Member places on it and the Service Provider cannot guarantee a particular degree of availability. The Member should adopt whatever security measures (such as encryption) it believes are appropriate to its circumstances. The Member must inform the Service Provider in a case of failure, in writing, after which the Service Provider should have reasonable time to remedy the failure.

2.10 The Member will have access to the services defined in this agreement on the starting date. Access to the premises will be provided either with a mobile key, card or chip. Card or chip incur an extra administrative cost of EUR 25 (or local currency equivalent) per card. Members are responsible for returning the card or chip in a good condition, and will otherwise incur a fee of EUR 100 (or local currency equivalent) per item. If a card or chip is lost, the Member is obliged to notify the Service Provider as soon as possible so it can be blocked. A card or chip is personal and members are not allowed to lend it to someone else.

2.11 The Service Provider may need to enter the Member’s accommodation(s) and may do so at any time. However, unless there is an emergency or the Member has given notice to terminate, the Service Provider will attempt to notify the Member verbally or electronically in advance when the Service Provider needs access to carry out testing, repair or works other than routine inspection, cleaning and maintenance.

2.12 If for any reason the Service Provider cannot provide the accommodation(s) stated in this agreement by the date when this agreement is due to start, it has no liability to the Member for any loss or damages, but the Member may cancel this agreement without penalty. The Service Provider will not charge the Member the monthly membership fee for accommodation(s) the Member cannot use until it becomes available. The Service Provider may delay the start date of this agreement given that i alternative accommodation(s) – that shall be at least of equivalent size to the accommodation(s) stated in this agreement – is provided

 

  1. Accommodation

3.1 The Member must not alter any part of its accommodation without prior consent from the Service Provider and must take good care of all parts of the Site, its equipment, fixtures, fittings and furnishings which the Member uses. The Member is liable for any damage caused by it or those in the Site with the Member’s permission or at the Member’s invitation whether expressed or implied, including but not limited to all employees, contractors, agents or other persons present on the premises. The Member must not install any cabling, IT or telecom connections without the Service Provider’s consent, which the Service Provider may refuse at its absolute discretion.

3.2 As a condition to the Service Provider’s consent, the Member must permit the Service Provider to oversee any installations (for example IT or electrical systems) and to verify that such installations do not interfere with the use of the accommodation(s) by other Members or the Service Provider or any landlord of the building.

3.3 It is the Member’s responsibility to arrange insurance for its own property which it brings into the Site and for its own liability to its employees and third parties.

3.4 The Service Provider is not responsible for temporary disruption of services provided, damage and disturbance caused by other Members or any damage to equipment/inventory brought to the facilities by the Member.

 

  1. Price and payment

4.1 Office and Fixed Desk Membership: upon agreeing to the Terms & Conditions the Member will receive the initial invoice amounting to the equivalent of their notice period. A monthly fee will follow on the 1st of every month, in effect keeping the advance payment until the termination of the contract

4.1.1 Unless otherwise agreed, payments are to be made to the Service Provider’s bank account 10 days before the last business day of every three month period.

4.1.2 For desks, lounge and hybrid, a monthly fee will follow on the 1st of every month, in effect keeping the advance payment until the termination of the contract.

4.2 The fee is net of any transaction cost or alike and will be due 20 days after issuing. If the Member pays with a credit card or via wire transfer from a foreign bank, the transaction cost to the Service Provider will accrue to the Member and be payable with the next invoice.

4.3 The Service Provider is entitled to adjust the membership fee each year in accordance with the Consumer Price Index of the country where the Service Provider is located. The membership fee will be adjusted with a minimum of 1.7%.

4.4 The Service Provider is also free to adjust the membership fee for any reason and such an adjustment will take effect after a period equivalent of the termination period.

4.5 In case of delayed payment by the Member, the Service Provider has the right to charge a fee for delayed payment and interest on the outstanding amount according to applicable laws of the country where the Service Provider is located. The Service Provider also reserves the right to withhold services (including for the avoidance of doubt, denying the Member access to its accommodation(s)) while there are any outstanding fees and/or interest or the Member is in breach of this agreement.

4.6 The Service Provider will after three reminders (which may incur a fee per reminder) send the unpaid amount by the Member to a debt collection agency to collect outstanding debt.

 

  1. Use

5.1 The Member must only use the accommodation according to the House rules, as specified in this agreement and in a way that does not interfere with other Members. Providing services that compete with the Service Provider’s business or its ancillary services is prohibited.

5.2 The Member may only carry on business in the name mentioned in this contract or abbreviations of the same. Office (Scale) and Desk (Build) members may use the Site address as its business address. Any other uses are prohibited without the Service Provider’s prior written consent.

5.3 The member’s portal and messaging channels are for the exclusive use of the company and members indicated in this agreement and approved by the Service Provider.

 

  1. Termination and cancellation 

6.1  This Agreement does not have a set expiration date, unless indicated otherwise, and shall remain in force until brought to an end by the Member or by the Service Provider. All periods shall run to the last day of the month in which they would otherwise expire.

6.2.1 Office (Scale), Fixed (Build) and Hybrid Members have 3 months termination notice, in writing, unless another period indicated in the contract.

6.2.2 Flex Desk (Build) and Lounge Members: both the Member and Service Provider is entitled to terminate this agreement with 1 month’s notice.

6.3 The notification of termination shall be in writing, email or alike. After receiving the notice of termination, the Service Provider has the right to showcase the designated work space to potential new members.

6.4 The Service Provider will store incoming mail up to one (1) month after the agreement is terminated. After this period the Service Provider has no liability for mail and packages belonging to the Member.

6.5 To the maximum extent permitted by applicable law, the Service Provider may put an end to this agreement immediately by giving the Member notice and without the need to follow any additional procedure if:

  1. A) the Member becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as they fall due, or
  2. B) the Member is in breach of one of its obligations which cannot be put right or which the Service Provider have given the Member notice to put right and which the Member has failed to put right within fourteen (14) days, or
  3. C) its conduct, or that of someone at the Site with its permission or invitation, is incompatible with House rules and such conduct is repeated despite the Member having been given a warning.

6.6 If the Service Provider puts an end to this agreement for any of these reasons it does not put an end to any outstanding obligations, including additional services used, requested or required under the agreement and the monthly office fee for the remainder of the period for which this agreement would have lasted if the Service Provider had not ended it.

6.7 When this agreement ends the Member is to vacate the accommodation immediately, leaving the accommodation in the same condition as it was when the Member took it. Any alterations to the office (e.g. painting, installations on walls, mounting of lamps, logos etc.) must be restored to a condition identical to that which existed when the membership agreement became active. Alternatively, upon the Member’s departure or if the Member, at its option, chooses to relocate to a different room(s )within the Site, the Service Provider can do this for the Member (for an Office Restoration Service fee) to return the accommodation(s) to its original state.

6.8 The Service Provider reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. If the Member leaves any property in the Site, the Service Provider may dispose of it at the Member’s cost in any way the Service Provider chooses without owing the Member any responsibility for it or any proceeds of sale. If the Member continues to use the accommodation(s) when this agreement has ended the Member is responsible for any loss, claim or liability the Service Provider incurs as a result of the Member’s failure to vacate on time.

6.9 The Member is not entitled to pause or “freeze” a  membership.

 

  1. Compliance

7.1 If the Service Provider has been advised by any government authority or other legislative body that it has reasonable suspicion that the Member is conducting criminal activities from the Site, the Service Provider shall be entitled to terminate this agreement with immediate effect.

7.2 The Member acknowledges and accepts that its personal data may be transferred or made accessible to all associated entities of the Service Provider, wherever located, for the purposes of providing the services under the agreement. The Member also allows the Service Provider to use the Member’s email, name and address, to internal promotion, events etc. and official business data (exemplified; Company name, industry affiliation, number of employees, funding news etc.) for promotional purposes. Please see clause 9 about privacy.

7.3 The Member acknowledges and accepts that all personal data and information shared by the member in the community platforms is made accessible to all other network members on the community platforms, and that the Service Provider in certain scenarios may have limited ability to control where this information circulates.

 

  1. Liability

8.1. To the maximum extent permitted by applicable law, the Service Provider is not liable to the Member in respect of any loss or damage the Member suffers in connection with this agreement, with the services or with the Member’s accommodation(s). The Service Provider is not liable for any loss as a result of the Service Provider’s failure to provide a service as a result of mechanical breakdown, strike, force majeure, termination of the Service Provider’s interest in the building containing the Site or otherwise.  In no event shall the Service Provider be liable for any loss or damage until the Member provides the Service Provider written notice and gives the Service Provider a reasonable time to put it right.

8.2. On events of force majeure, such as natural disasters, or causes outside of our control, as extreme noise; The Service Provider will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss.

8.3 The Provider may delay the start date of this agreement, with a two weeks notice before the starting date, due to delays on constructions, adaption of areas and law permits not granted. If for any reason the Service Provider cannot provide the accommodation(s) stated in this agreement by the date when this agreement is due to start The Provider will not charge the Client the monthly office fee for accommodation(s) the Client cannot use until it becomes available.  The Provider has no liability to the Client for any loss or damages due to postponing the starting date.

 

  1. Privacy

9.1 In providing our services, we keep information about our Members and their employees. This information is solely used for the purpose of providing the highest quality service and is only kept as long as it is necessary or until consent is withdrawn. We adhere to the General Data Protection Regulation (GDPR) and encourage Members and their employees to review all the current privacy policies obtainable from the Site employees, Site homepage, and/or Site intranet.

 

  1. Other

10.1 This Agreement is personal to the Member and cannot be transferred to anyone else without prior consent from the Service Provider unless such transfer is required by law.

10.2 The terms of this agreement are confidential. Neither the Service Provider nor the Member must disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues for a period of 3 years after this agreement ends.

10.3 This agreement is interpreted and enforced in accordance with the law of the place where the relevant Site is located. All dispute resolution proceedings will be conducted in the country, state or province where the Site is located. If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.

V 6. 08/2021

 

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