GENERAL TERMS OF PROVISION OF CO-WORKING SERVICES
These general terms and conditions for the provision of co-working services regulate the conditions and procedure for the provision of co-working services at the address: Ukraine, 21021, Vinnytsia region, Vinnytsia district, Vinnytsia city, 600-richchia str., building 1.
1. Terms and definitions
1.1. Contractor is a person who has concluded an agreement with the Customer and provides co-working services following the Agreement.
1.2. Additional services – services directly related to the provision of Co-working Services, including, but not limited to: the right to consume coffee, tea, water, use stationery, etc.
1.3. Agreement – an agreement on co-working services between the Customer and the Contractor.
1.4. The customer is the person who concluded the Agreement with the Executor.
1.5. The card is a plastic card that provides access to Co-working.
1.6. Co-working (Territory of the Space) is the Contractor's premises, which is the place of provision of coworking Services following the selected Service Package.
1.7. The User is an individual, including an individual entrepreneur, who has the right to use Co-working Services following the Agreement or other agreement between the Parties.
1.8. A package of services is a type of co-working service provided by these Terms, which the Customer chose.
1.9. A co-working service is a service that consists of the provision by the Contractor to the Customer or the User designated by him of the right to stay in the territory of the Co-working for a specified period for a fee, as well as the right to receive Additional Services, as provided for in these Terms and Conditions, in the Contractor's premises, and its facilities, objects, furniture, etc., on the part of the Co-working area, determined by the Contractor following the Service Package chosen by the Customer.
1.10. Parties or Party – the Customer and the Contractor or one of them, respectively.
1.11. Terms and Conditions – these are general terms and conditions for the provision of Co-working Services.
2. Scope of the contract
2.1. According to the Agreement, the Contractor undertakes to provide the Customer and the Users designated by him with co-working Services, under the conditions and in the order stipulated by the Agreement and these Terms, and the Customer undertakes to pay for these services promptly.
3. Conclusion, amendment, and termination of the Agreement
3.1. The contract is concluded by signing the questionnaire for joining the public offer in writing by the Parties or their authorized representatives in paper form or through the electronic document management system using electronic signature keys (ECK).
3.2. The contract can be terminated only by the Parties' consent or by the Contractor's decision. Refusal to provide Coworking Services, termination of Co-working Services, etc., does not constitute a change or termination of the Agreement.
4. The procedure for providing co-working services
4.1. Co-working Services are ordered by the Customer notifying the Contractor of the desire to use the Co-working Service and paying for the selected Service Package in full unless otherwise stipulated in the Agreement.
Notification by the Customer of the Contractor's desire to use the Co-working Service may be made in writing, including by concluding the Agreement, orally, by e-mail, or by other means of communication.
4.2. Conclusive actions can also make the order: if the Customer, who previously ordered a specific Service Package, paid the Contractor an amount equal to or greater than the cost of the same Service Package for the next period, it is considered that the Customer placed an order for the specified Service Package for the next period, which he so paid in a way.
4.3. If there are not enough free places in the Co-working to provide the Customer with Coworking Services within the Service Package chosen by the Customer, or if the Contractor cannot offer Co-working Services for other reasons beyond his control, the Contractor shall notify the Customer immediately after establishing this fact. In this case, the Customer can change the order or refuse it. Suppose the Customer has already paid for the provision of co-working Services.
In that case, the Customer shall pay the difference between the amount paid and the amount payable under the changed order if the new Co-working Service selected by the Customer is more expensive than the Co-working Service that the Contractor cannot provide to the Customer; and if the new Co-working Service chosen by the Customer is cheaper than the Co-working Service that the Contractor cannot deliver to the Customer, the surplus paid by the Customer shall be returned to the Customer. If the Customer refuses the Coworking Service for the above reasons, the Customer has the right to demand from the Contractor a full refund of the paid cost of the Service.
4.4. The order is considered to have been placed, and the Customer has the right to receive Co-working Services, subject to the prior payment of the total price for the relevant Service Package unless the Contractor decides otherwise.
4.5. If the terms of the Service Package stipulate it, or if the Customer has ordered a Service Package for two or more individuals, the Customer may designate Users. In this case, the Customer must inform the Contractor about such Users and provide the Contractor with information that will allow them to be identified. If the Customer wishes to change or add new Users, he must notify the Contractor in advance.
4.6. Co-working services begin to be provided from the moment of conclusion of the Agreement and full payment or another moment upon agreement of the Parties.
4.7. The minimum period of provision of co-working services is 1 month.
4.8. The package of services per month includes the following:
Rent of the 1st workplace - $100 at the NBU rate at the time of invoicing.
The cost of heating is added to the amount of the bill for the following month.
4.9. Regardless of the selected Service Package, Users have the right to use common areas, which include: restrooms, corridors, halls, etc.
4.10. The Contractor can provide Users with Additional Services of his choice.
4.11. The contractor ensures regular cleaning on the territory of the Co-working, constant availability of access to the Internet via wireless Wi-Fi, continuous availability of electricity, serviceability of the air conditioning system, maintenance of the temperature regime, available equipment, and within a reasonable time eliminates possible defects that may arise in the Contractor's equipment located on the territory of the Coworking.
4.12. Video surveillance can be carried out on the territory of the Co-working.
4.13. The Contractor may replace the workplace allocated to the User with another workplace within the selected Service Package.
4.14 The equipment and property the User can use following the selected Service Package shall be transferred to his possession. The User may only move them within the Service Package provision area.
After the termination of Co-working Services, the equipment and other property transferred during the provision of Co-working Services must be returned to the Contractor.
4.15. The customer has no right to transfer to a third party his rights granted to him by the Agreement and Terms.
4.16. In order to ensure access to Co-working, the Contractor can provide the Customer and Users with Cards.
4.17. The Customer and Users have no right to transfer the Card to third parties without the written consent of the Contractor. In order to prevent the use of the card by third parties, the Contractor has the right to identify the User with a document confirming the User's identity for comparison with the information in the Agreement, photograph the User and apply the User's photo to the card.
4.18. The Contractor has the right to regularly, at his discretion, carry out checks on the subject of compliance by the Customer and Users with the terms of the Agreement.
4.19. In case of equipment failure on the Co-working's territory the Customer, or through the User, informs the Contractor about this. The contractor must eliminate such defects within a reasonable period of time from the moment of notification.
4.20. The User does not have the right to take out of the territory of the Co-working the equipment, facilities, and other property located on the part of the Co-working and does not belong to this User.
4.21 The confirmation of the provision of co-working services is the signing by the Parties of the act of provision of services (works), both Parties sign.
5. Automatic extension and termination of Co-working Services
5.1. After the end of the term of the ordered Service Package, which is calculated on a monthly basis, the Service Package is automatically extended for the next month. In this case, the Customer, in agreement with the Contractor, is obliged to pay for the next term of using the Service Package.
5.2. In the event that the Customer wishes to refuse the automatic extension of the Service Package, he must notify the Contractor of this 30 calendar days before the expiration date of the ordered Service Package.
5.3. The Contractor may unilaterally refuse to extend the Service Package, about which he informs the Customer 30 calendar days before the expiration date of the ordered Service Package. , including after receiving payment for the Service Package from the Customer. If the Contractor refuses to extend the Service Package for the next term, the Contractor may, within seven days from the moment of receipt of funds from the Customer, return the paid cost of the Service Package for the next term.
5.4. In the event of termination of the Service Package, which will not be extended for the next term upon agreement with the Contractor, the Customer is obliged to vacate and ensure the vacation of the Co-working area by all Users appointed by him. If the Customer did not vacate the Co-working at the time of the expiration of the Service Package and did not ensure the release of the Co-working territory by all the Users appointed by him, the Customer is obliged to pay the Contractor a fine in the amount of 200% of the cost of the Service Package, which he actually used without the agreement of the Contractor.
6. Payment for services
6.1. For the provision of Co-working Services, the Customer shall pay the Contractor the cost of the provided Co-working Services for the relevant Service Package in the following amounts:
Rent of the 1st workplace - $100 at the NBU rate, at the time of invoicing.
6.2. Payment for the services provided under this Agreement is made according to the issued invoice using a cashless transfer of funds to the current account of the Contractor specified in this Agreement within 5 (five) banking days from the date of issuing the invoice.
6.3. Payment is made in hryvnias based on the verbal agreement between the Parties on the exchange rate established on the day of invoicing.
6.4. The Customer pays the cost of Co-working Services to the Contractor based on 100% prepayment before the start of the provision of services under the Agreement. Settlements between the Parties are made exclusively in the national currency of Ukraine, the hryvnia, in accordance with the procedure provided by the norms of current legislation.
6.5. The cost of Co-working Services includes all Additional Services.
6.6. In the event that the Customer paid for the Package of Services after the date when the Co-working Service was supposed to be provided, the Contractor has the right, at his own discretion:
to accept the payment of the Service Package for the term of the Service Package in accordance with the Agreement, while the corresponding part of the payment is included in the payment of the payment delay period, and the total term of providing the Service Package is calculated from the day when such Co-working Services were to be paid for;
return payment for the Service Package and deny the Customer the provision of Co-working Services.
6.7. In the case of payments under the Agreement in non-cash form, the moment of payment is considered the moment of crediting the funds to the current account of the Contractor specified in the Agreement.
7. Rules of conduct on the territory of Co-working
7.1. Computing and other equipment (equipment, furniture, etc.) located on the Co-working's territory must be used per technical requirements and restrictions.
7.2. Stationery and other materials, electricity, water, and other resources provided as Additional Services must be used sparingly and rationally.
7.3. It is prohibited to install software on the Contractor's equipment without his prior written consent.
7.4. It is forbidden to use the provided equipment to develop computer programs with the characteristics of viruses and other programs that can cause harm.
7.5. It is forbidden to store or distribute in any form materials that contradict the principles of public morality and are prohibited by the norms of current legislation using the Contractor's equipment.
7.6. It is forbidden to engage in the production of anything, trade in goods on the territory of the Co-working; provision services; agitation; or distribution of advertising or other information products, except for activities that correspond to the purpose of Coworking.
7.7. The address of the Co-working may not be registered with state authorities as a location address or used in any other way unless otherwise provided for in the Agreement.
7.8. The Contractor's property and equipment location cannot be changed without the Contractor's consent.
7.9. Smoking tobacco products, electronic cigarettes, etc is forbidden.
7.10. It is forbidden to be on the territory of the Co-working while under the influence of alcohol or drugs.
7.11. It is forbidden to damage the property of third parties.
8. Responsibilities of the parties
8.1. For violations, including improper execution, of the Agreement, the Parties bear the responsibility provided for by the legislation of Ukraine and the Agreement.
8.2. A person who has breached an obligation is liable in the presence of his fault – intent or negligence unless otherwise established by contract or law.
8.3. Responsibility to the Contractor for the actions of the Users is borne by the Customer who appointed them.
8.4. The Customer is obliged to fully compensate the Contractor and third parties for damages for any damage or loss of property caused by the fault of the Customer or the fault of the Users appointed by him.
8.5. The Contractor is not responsible for the violation of the Agreement if such violation does not depend on the will of the Contractor, including those that occurred as a result of the actions or inaction of: utility service providers, Internet providers, the Contractor's lessor, etc.
8.6. All disputes under the Agreement are resolved in accordance with the procedure established by the current legislation of Ukraine. In the event of claims by the Contractor regarding violations by the Customer or Users of the integrity of property on the territory of the Coworking, the Contractor shall draw up a deed listing and the value of a such damaged property and submit it to the Customer and the relevant User for signature, and in the event that the Customer or the User refuses to sign such a deed, this deed shall be signed by third parties who were present during its compilation.
8.7. In the event that the Customer receives Co-working Services without paying the cost of the services under the Agreement or for a period exceeding the period of the ordered and paid Package of Services:
8.7.1. The Contractor has the right to limit the access of the Customer and the Users appointed by him to Co-working, to terminate the provision of Coworking Services unilaterally;
8.7.2. The Customer is obliged to pay the Contractor in full for co-working Services within the scope of the Service Package, which began to be received by the Customer on a calendar month basis.
9. Force majeure
9.1. The parties are released from responsibility for partial or complete non-fulfillment of obligations under the Agreement if cause this non-fulfillment occurrence of force majeure circumstances cause this non-fulfillment.
9.2. In the event of the occurrence of power Majeure circumstances, the Party whose obligations cannot be fully or partially fulfilled due to force majeure circumstances is obliged to notify the other party of this in the manner provided by the Agreement and Terms within 3 (three) working days from at the time of occurrence of such circumstances.
9.3. The deadline for the fulfillment of obligations is postponed until the completion of such duties is impossible due to force majeure circumstances, but not longer than the time during which such force majeure events are in effect.
9.4. If such force majeure circumstances continue for more than 30 (thirty) calendar days, each Party has the right to refuse to fulfill its obligations under the Agreement. In this case, none of the Parties has the right to compensation for damages caused by such a refusal.
9.5. The absence or insufficiency of funds, including in connection with the actions or inaction of third parties - financial institutions or other counterparties - is not a force majeure circumstance.
10. Refusal to fulfill obligations under the Agreement
10.1. The Customer does not have the right to efuse to fulfill its obligations under the Agreement, including by referring to the non-receipt of co-working Services, when the Contractor has ensured the possibility of receiving such services.
10.2. The Contractor may restrict the User's right to use the Co-working area if the User is under the influence of drugs or alcohol, as well as if his behavior degrades the honor and dignity of persons or the User's actions lead to damage to the property and equipment of the Contractor.
10.3. The Contractor has the right to refuse the provision of Co-working Services to the Customer without explaining the reasons. In this case, the Contractor must notify the Customer five calendar days before the planned termination of the provision of coworking Services.
10.4. In the event of the Contractor's refusal to provide Co-working Services or in the event of failure to deliver Co-working Services, the Contractor undertakes to return the Customer the cost of paid and non-provided Co-working Services in proportion to the number of paid calendar days during which the service was not provided, without payment of any sanctions or fines, within 7 working days from the date of termination of coworking Services.
10.5. Notwithstanding Clause 10.4, in the event of the Contractor's refusal to provide co-working Services in connection with violation by the Customer of the terms of the Agreement, causing damage to the Contractor by the Customer or the Users appointed by him or violating the commercial interests of the Contractor; if the Contractor is unable to ensure safety standards on the territory of the Co-working, the money paid for the Co-working Services will not be returned.
11.1. Notifying the Customer to work in one of the following ways: sending an email to the Customer's address specified in the Agreement; through the system of electronic document circulation using KEP; sending a message by post or courier delivery to the Customer's address specified in the Agreement; delivery of a written notice to the Customer in person with a note by the Customer or his representative that such notification has been received.
11.2. In the case of notification by sending an e-mail, the Party wants to be the one who read the content of the message at the time when a such e-mail was sent to its e-mail address.
11.3. In the case of sending a notice by mail or courier delivery, the Party also familiarized itself with the contents of the notice at the time of receiving such a notice confirming the notice of delivery or another relevant document.
11.4. In the case of delivery of a written notification to the Party in person with a note from this Party or its representative that such notification has been received, this Party notifies the Party that has familiarized itself with the content of the message at the time of delivery of such notification, confirms the note indicating the date of delivery on the notification.
12. Final provisions
12.1. The conditions come into force from the moment of their approval by the Contractor.
12.2. The legislation of Ukraine governs the Agreementisputes arising from the terms or based on the Agreement are considered by Ukrainian courts.
12.3. The parties guarantee that they have the required amount of civil legal capacity necessary for concluding the Agreement, that all information provided by the Parties is accurate, that the Parties are not aware of any circumstances that could prevent the conclusion of the Agreement or induce the other Party not to conclude the Agreement.
12.4. The parties confirm that when concluding the Agreement, they act voluntarily, without coercion, understanding the essence and nature of the Agreement and the legal consequences of concluding the Agreement, being aware of the nature of their rights and obligations under the Agreement. The Parties declare that there are no severe circumstances that would force any of the Parties to conclude the Agreement on the terms outlined in it and also confirm that the terms of the Agreement are acceptable to the Parties and, in this regard, do not consider the terms of the Agreement to be unfavorable for me.
12.5. Amendments, additions, and appendices to this Agreement are integral and have legal force if they are set out in writing and signed by authorized persons.
12.6. In case of any changes: in legal status, taxation system, location, registration, bank or other details, or contacts, the Contractor is obliged to notify the Customer in writing within five days of their occurrence. In case of untimely notification, the Contractor shall compensate the Customer for all losses incurred by the Customer in connection with such untimely information.