GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES OF BETAHAUS BULGARIA АD
| § 1 GENERAL INFORMATION (1) These General Terms and Conditions (the “GTC”) set out the terms and conditions under which Betahaus Bulgaria AD rents shared workspace, as well as the provision of additional services related to the use of the shared workspace. Within the meaning of and for the purposes of these GTC, “shared workspace” shall mean an open office workspace in which one or more tenants (hereinafter referred to as “Clients”) can hire single or team workstations on a daily and monthly basis, and workstations can only be used for activities normally performed in an office space or activities deviating from this condition that are expressly agreed in the individual agreement with the Client (“Rental Agreement”). (2) The workspaces operated by Betahaus Bulgaria AD are located at: · 6 Shipka Street, 1504 Sofia · 11 Petko R. Slaveykov Square, 1000 Sofia · 4 Samara str., Advance Business Center 1, 1715 Sofia · 103 Alexander Stamboliiski Blvd, 1303 Sofia (3) The services are offered to both natural persons and legal entities. (4) For the purposes of these GTC, Betahaus Bulgaria AD will be referred to as “betahaus”. § 2 TYPE OF SERVICES OFFERED (1) betahaus offers the following services: rental of workstations and private offices in shared use open office spaces, including the right to use internet (LAN and/or WiFi), conference rooms and meeting rooms, printing and photocopying services, lockable cabinets for valuable items, as well as a mailing address; access to the “beta +” loyalty client program (special services and products at preferential prices from betahaus partners) and a credit system for additional services called “beta Wallet”; rental of event and meeting rooms as well as parking spaces. betahaus also offers the following supplementary/auxiliary services: – organizing and conducting events; – rental of equipment for conducting events (projectors, monitors, conference materials, etc.); – culinary services and catering; – mediation in the selection of external consultancy services (legal, financial, accounting, etc.); – consultancy services. The provision of supplementary/auxiliary services shall be governed by a separate agreement between betahaus and the user. (2) Betahaus offers its services in packages (hereinafter referred to as “Packages”) defined according to the type of services included and the period of their use. In addition to the circumstances expressly provided for in these GTC, betahaus offers its services only as part of the packages listed below and the services are not provided individually. As at the date of these GTC, betahaus offers the following Packages: 1. DAILY VISITOR (1) Includes the right to use one workstation (selected on the basis of current needs) in the shared open office workspace, as well as the right to unrestricted use of wireless Internet (WiFi), limited use of printing and photocopying services, meeting and conference rooms for 1 calendar day during the official hours of betahaus. 2. MONTHLY VISITOR (Light) 1) Includes the right to use one or more workplaces (at the customer’s choice according to available spaces) in the shared workspace; right to unlimited use of the Internet (WiFi); right to 24/5 access from Monday to Friday; right to limited use of conference rooms and call rooms for the duration of the package; right to limited use of printing and copying services; access to loyalty program for customers “beta +” (special services and products at preferential prices from betahaus partners) and credit system for additional services “beta Wallet”;. The package is valid for a period of 1 (month) and provides 7 (seven) weekday visits. 3. WORKSTATION IN A SHARED OFFICE SPACE (1) Includes the right to use one or more workstations (as chosen by the client, in line with the vacancies available at the time of signing the agreement) in the shared office space; the right to unrestricted use of Internet (WiFi and/or LAN); the right to a limited use of printing and photocopying services; the right to use a postal address and the right of limited use of conference halls and meeting rooms for the duration of the package; 24/7 non-stop right to access; right to a lockable cabinet for valuable items (according to the vacancies available at the time of signing the agreement); access to “beta+” loyalty client program (special services and products at preferential prices from betahaus partners) and a credit system for additional services “beta Wallet”; global roaming (free access limited within 5 working days in the space of the betahaus network as well as its partners). This package is valid for 1 (one) month. 4. PRIVATE OFFICE (1) Includes the right to use a private office in the shared open office space; the right of unlimited use of wireless and wired internet (WiFi and LAN); the right to a limited use of printing and photocopying services; the right to use a postal address and the right of limited use of conference halls and meeting rooms for the duration of the package; 24/7 non-stop access; right to a lockable cabinet for valuable items (according to the vacancies available at the time of signing the agreement); access to the “beta+” loyalty client program (special services and products at preferential prices from betahaus partners) and a credit system for additional services “beta Wallet”; global roaming (free access limited within 5 business days in the spaces of beta network as well as its partners). The package is valid for 1 (one) month. The package price is determined by the number of people and on a monthly basis, as all the conditions for the provision of the services by betahaus and the rights and obligations of the parties are determined in an additional agreement to these General Terms and Conditions. (2) Each workstation is equipped with: a work desk, a chair, electricity, lighting and wireless internet (WiFi). (3) Where the selected Package includes a “Postal Address”, betahaus will provide the opportunity to receive correspondence and deliveries addressed to the Client and temporarily store them until they are received by the Client. When providing this service, betahaus only undertakes to receive the delivery, notify the Client personally or by e-mail within one working day for the receipt of the delivery and for its sender (if any is specified) and store the delivery until its delivery to the Client (personally or to an authorized representative). If the delivery is not accepted by the Client within 1 (one) month, betahaus is entitled to forward deliveries and correspondence that are not requested by the Client within the specified period to the Client’s address specified in the Rental Agreement, and betahaus shall not be responsible for the delivery or the condition of the deliveries. Any Client using the service of Postal Address expressly accepts and is deemed to be informed that betahaus is obliged to accept all deliveries and correspondence addressed to its address on behalf of the Client using this service. In certain cases, accepting messages at the address of betahaus may be considered as official acceptance on behalf of the Client of summons, notarial invitations and other documents from the time of which delivery preclusive terms or other time limits commence. Betahaus is under no obligation to assess the type of individual messages and deliveries and accepts all those addressed to the Client, and betahaus shall not be liable for expired or omitted deadlines on the part of the Client. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages. § 3 ACCESS CONDITIONS (1) Clients of betahaus using the “DAILY VISITOR” package shall have the right to access the workspace during official business hours: Monday to Friday from 9:00 am to 6:00 pm. (2) Clients of betahaus using the “MONTHLY VISITOR” package shall be entitled to unlimited access from Monday to Friday to the workspace by means of a key/chip. In these cases, the Client shall be required to observe the conditions for access to the building during non-working hours and to ensure compliance with the building safety and security requirements that can be established by betahaus or the owners of the building where the shared workspace is located. (3) Clients of betahaus using “WORKSTATION IN SHARED USE OFFICE SPACE” and “PRIVATE OFFICE” packages shall be entitled to unlimited 24/7 access to the workspace by means of a key/chip. In these cases, the Client shall be required to observe the conditions for access to the building during non-working hours and to ensure compliance with the building safety and security requirements that can be established by betahaus or the owners of the building where the shared workspace is located. (4) In the event of unlawful use of the workspace outside the conditions described in §3 (2) and (3) or actions resulting in additional costs incurred by betahaus in connection with, but not limited to, the security or safety of the building, the Client shall bear sole responsibility for the costs or damages incurred. (5) The Client shall immediately notify betahaus in case of a lost key/chip for 24-hour access. (6) Upon a delay of payments due by the Client, betahaus shall have the right to restrict or prohibit the Client’s access to the office premises of betahaus. § 4 CONCLUSION OF A RENTAL AGREEMENT (1) The Rental Agreement with the Client shall be deemed concluded as of the date of signing of the agreement on paper. (2) These General Terms and Conditions shall be deemed an integral part of the Rental Agreement and are published and freely available on the website of betahaus – www.betahaus.bg. By signing the Rental Agreement and Act of Acceptance, the Client declares that they have become acquainted with them and accept them in full. Before, during or after signing the Rental Agreement, the Client shall be entitled to require betahaus to provide them with these General Terms and Conditions in writing on paper, without owing any fees or expenses. In this case, betahaus shall be entitled to require the Client to provide a signed copy of the General Terms and Conditions as proof of receipt thereof. (3) The Client shall be entitled upon signing the Rental Agreement to indicate the day on which the Client will enter the workstations rented by them (“Effective Rental Date”). The Effective Rental Date may be no earlier than one working day as of the date of the conclusion of the Rental Agreement and no later than 1 (one) month as of the date of conclusion of the Rental Agreement. §5 PRICES AND METHOD OF PAYMENT (1) The prices of the services offered by betahaus are stated in the Rental Agreement concluded between the Client and betahaus. The price for the “DAILY VISITOR” and the “MONTHLY VISITOR” packages are listed on the website www.betahaus.bg. (2) The price for all Packages and Supplementary Services shall be paid in full within 5 (five) working days of the date of issuance of the relevant invoice. (3) The Client shall be entitled to pay the amounts due by bank transfer or by direct debit. All bank charges payable in case of bank transfer or direct debit shall be borne by the Client. (4) A client who has signed an agreement for a period longer than 1 (one) month can give their consent for direct debit to betahaus for the amount of the monthly payments due under the concluded agreement. (5) In case of delay in payment of the due price within the term specified in §5(2) above, the Client shall pay default interest on the amount due for each day of delay. The default interest on the late payment shall be in the amount of the statutory interest. Notwithstanding the payment of default interest , this shall not be considered as a waiver from the right of betahaus to seek compensation for the actual damage suffered as a result of the late payment, if such damages exceed the amount of the interest paid for the delay. (6) Betahaus shall reserve the right to offer additional or individual discounts to individual clients or groups of clients. (7) Betahaus shall reserve the right to make changes to the pricing at any time. §6 DEPOSITS AND GUARANTEES (1) Upon concluding an agreement for the “MONTHLY VISITOR”, the “WORKSTATION IN SHARED OFFICE SPACE” AND the “PRIVATE OFFICE” packages, the Client shall pay within 3 (three) working days as of the date of signing a deposit in the amount determined as follows: – for the “MONTHLY VISITOR” package – a deposit in the amount of 30 (thirty) BGN in case of provision of physical access key/chip. – for agreements signed for the WORKSTATION IN SHARED OFFICE SPACE package – a deposit in the amount of 1 (one) monthly rent payment, regardless of the term of the agreement. – for agreements signed for the PRIVATE OFFICE package – a deposit in the amount of 1 (one) monthly rent payment, regardless of the term of the agreement. (2) The deposit provided pursuant to §6 (1) above shall serve to secure the Client’s obligations to pay all due amounts under the concluded agreement, including, but not limited to, obligations to pay the rental price, the cost of using additional services, indemnification or compensation for damages caused by the Client. (3) The deposit under §6 (1) shall be reimbursed by betahaus within 14 (fourteen) business days of the Client’s vacating the rented workstation and return of the access keys/chips, whereby betahaus shall be entitled to deduct from the deposit all amounts owed by the Client. Withholding amounts from the deposit shall not release the Client from the obligation to pay the full amounts due, if such amounts exceed the amount of the deposit paid. §7 TERMINATION OF AGREEMENT (1) Each party shall have the right to unilaterally terminate the agreement by a one-month written notice for the “WORKSTATION IN SHARED OFFICE SPACE” package and by a three-month written notice for the “PRIVATE OFFICE” package, irrespective of the term of the agreement unless otherwise agreed in the Lease agreement. (2) The notice of termination of the agreement by the Client shall be considered valid if it was signed personally by the Client or by their duly authorized representative. The notice of termination can be signed on paper and delivered to the management address of betahaus or sent electronically, which shall not require the use of a qualified electronic signature. (3) Both parties shall be entitled at any time to terminate their contractual relations by mutual agreement without indicating the reasons for termination. (4) Betahaus shall have the right to terminate and/or cancel unilaterally any Rental Agreement in the event that the Client has breached the terms of the relevant agreement and has not ceased the breach and/or remedied the consequences of the breach within the time limit set by betahaus. Betahaus shall have the right to terminate any agreement without notice, with immediate effect, in the event that the Client: (a) has delayed payment of any amounts due to betahaus under these GTC with more than 14 (fourteen) calendar days; (b) has not provided the due deposit pursuant to §6(1) in the term due; (c) is in breach of §9(3) or (d) is in breach of §10(2) below. (5) Upon termination of the “MONTHLY VISITOR (light)” package, betahaus customers may use the service until the end of the current monthly period. §8 PERSONAL DATA PROTECTION (1) betahaus shall process and store personal data for its clients. (2) Upon conclusion of the Rental Agreement with betahaus, each Client is deemed to have given their consent to the provision of their personal data necessary for the conclusion and performance of the relevant agreement with betahaus. The Client expressly agrees that their personal data will be used to verify their creditworthiness in accordance with the procedures applicable in Bulgaria. (3) Upon submitting the Member’s details form, each Client is deemed to have given their consent to the provision of their personal data necessary for the execution of services provided by betahaus. The Client expressly agrees that their personal data will be used to verify their creditworthiness in accordance with the procedures applicable in Bulgaria. §9 RIGHTS AND OBLIGATIONS OF CLIENTS (1) Upon the conclusion of an agreement for the “PRIVATE OFFICE” package, the Client shall have the right to bring their own furniture, items, equipment and periphery with the prior consent of betahaus. When concluding an agreement for the “WORKSTATION IN SHARED OFFICE SPACE” package, the Client shall have the right to bring their own equipment and machinery into the shared open office space. (2) The Client shall be obliged to comply with and not impede the conduct of events in the shared open office space upon notification by betahaus made no later than 2 working days prior to the date of the event. (3) The Client shall not have the right to sublet the workspace rented by them to third parties or to transfer their rights and obligations under the agreement signed with betahaus to third parties without the prior written consent of betahaus. (4) The Client shall not have the right to make changes to the shared workstations except with the prior written consent of betahaus and in compliance with the applicable legal regulations. All costs associated with making changes shall be for the account of the Client. Betahaus shall have the right, as a condition for making changes to the workstation, to require the Client to provide a deposit to cover the cost of restoring the workstation in its original condition, if necessary. (5) The Client shall be obliged after/upon the expiration of the contractual relationship, to hand over the workspace rented by them in its original condition except in cases where betahaus has explicitly given written consent otherwise. The Client shall not have the right to any compensation for improvements or changes, even in cases where betahaus does not require the recovery of the original appearance or condition of the workspace. (6) Betahaus shall reserve the right to undertake any type of construction and structural changes necessary to maintain and expand the building or a specific workstation and to remove any damages or hazards within a reasonable period appropriate to the Client. In the event of such circumstances, the Client shall, if necessary, provide the workspace rented by them. Betahaus shall undertake to take all measures for the uninterrupted use of the services paid by the Client. Any costs incurred by the Client as a result of such reconstructions and repairs will be borne by the Client (replacement costs, delay or loss). The prices fixed are not subject to change. Betahaus shall not pay compensation for damages unless the right to use the workstation is impeded for an unjustifiably long period of time or the use of the workstation becomes impossible. (7) Betahaus shall offer its clients equipment (TVs, monitors, projectors) and other furniture in fully working condition. Devices are regularly tested for their proper operation, their functionality is maintained on a regular basis, and their use by the client must be consistent with their intended purpose. Any unauthorized use is prohibited. Damages resulting from unauthorized use shall be at the expense of the Client. (8) You may only bring pets into Premises where we expressly allow pets, and we may require you to produce proof of vaccination for such pet in a form satisfactory to us. You must accompany your pet at all times, unless it is in an enclosed space that you have reserved. You will be responsible for any injury or damage caused by any pet you or any of your employees, invitees or guests bring into any Premises. We will not be responsible for any injury to any pets. We reserve the right to restrict any member’s or other individual’s right to bring a pet into the Premises at any time in our sole discretion. (9) You may not take, copy or use for any purpose the name “betahaus” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of any betahaus properties, without our prior consent. §10 INTERNET CONDUCT FOR CLIENTS (1) The Client shall undertake to comply with all applicable laws and regulations related to the dissemination of information. The Client shall be fully responsible for its actions, including when accessing the Internet through the betahaus network. (2) The Client shall be obliged to comply with the legal restrictions on the transfer, storage, processing and presentation and/or provision of information. The Client shall be required to comply with all applicable laws and regulations related to the protection of intellectual and/or industrial property. Copying, distributing or downloading copyrighted music and/or movies and/or other copyrighted works without a corresponding license is prohibited. (3) In the event of a breach of §10(2) resulting in damage to betahaus, the Client shall indemnify betahaus for any damage caused, including but not limited to all legal and other expenses incurred by betahaus in relation to the protection of its rights and legitimate interests. §11 LIABILITY OF BETAHAUS (1) The Client shall have the right and obligation to inspect the workstations upon their initial occupation. By signing the Rental Agreement, the Client declares that they are aware that the workstations, except for the workstations provided in the PRIVATE OFFICE package, are located in a shared office space and are not subject to any separation or division. The Client shall have the right to object to the condition of the workstation/workstations rented at the moment of its/their occupation. In the event that betahaus has not received any objection by the Client concerning the workstation condition at the Effective Rental Date, it shall be considered that the Client has accepted the workstation in good condition and without any comments. The Client shall be solely responsible for its condition throughout the rental period. (2) Betahaus shall not be liable for any damages suffered by Client within a signed Rental Agreement unless such damage is the result of gross negligence or intent on the part of betahaus, its agent or employee. In any event, the liability of betahaus shall be limited to damages which are directly and immediately caused by acts for which betahaus is responsible and which damage could have been foreseen as of the conclusion of the Rental Agreement. Betahaus shall not be responsible for lost profits or indirect damages. (3) Betahaus shall not be liable for any violation of the intellectual property rights of third parties resulting from Client’s actions as well as in the case of the dissemination of personal data and/or confidential information by the Client. The Client shall be responsible for all violations of competition, copyright, trademarks, personal data, business secrets, and other matters associated with its work in the course of using the workspace provided by betahaus. (4) In the event of a breach committed by the Client, which resulted in involving the liability of betahaus, the Client shall indemnify betahaus for any damage suffered by betahaus in this connection. The Client shall be required to refund all costs incurred by betahaus including paid compensations and penalties, lawyers’ fees, state fees, and any other costs incurred to protect the rights and legitimate interests of betahaus. (5) betahaus shall not be responsible for the content or condition of deliveries delivered to Clients at the address of betahaus. Betahaus shall not be liable, if it is unable to receive correspondence addressed to the Client due to the request of the sender of the correspondence to be handed in person or to an authorized representative. In this case, the Client shall be obliged to arrange for an authorized representative to receive the respective delivery. (6) Betahaus shall not be liable for any damages incurred by the Client as a result of a hacker attack or any other breach of security. (7) Each Premise has its own House Rules governing the expected behavior in such Premises, which you can find at such Premises and which you must comply with while using Services in such Premises. House Rules may be revised from time to time. (8) Building Systems. The Building’s systems and facilities such as air conditioning will operate during Betahaus regular business hours and in accordance with the building’s policies and regulations. Betahaus is not responsible and shall not be liable for the operation of the buildings systems and facilities or any inoperability or a certain temperature in the Premises thereof. (9) Infrastructure. The Client acknowledges that the provision of certain services is inherently dependent upon the operation and functioning of third party services and infrastructure such as communications, internet, electricity and the like which are not under the control or the responsibility of Betahaus. Accordingly, Betahaus shall not be responsible or liable in any form or manner for any cessation, malfunction, disruption or failure in any of the third party infrastructure or services upon which the Services or Additional Services rely. Furthermore, no cessation, malfunction, disruption or failure in any of the third party infrastructure or services shall relieve the Client from any of its obligations hereunder including, without limitation, the obligation to pay the full fees nor afford the Client any right to modify, change, suspend or terminate this agreement. (10) The Client, in its name and on behalf of other person or entity on its behalf including the Client’s employees and agents and its guests, hereby irrevocably waive all claims and rights against Betahaus and any entity associated with it, with respect to personal injury or damage, destruction, theft or loss of property or body injury, all to the maximum extent permitted by law, whether or not said lost or destruction is the result of malfunctions of the building or any of its systems. The Client agrees and acknowledges that Betahaus shall not be responsible for insuring of the Client’s property or injuries and shall not be responsible or liable for any damage, injury and loss of any kind. (11) The aggregate financial liability of Betahaus or of the entities associated with it towards the Client or the Client’s guests or participants for any reason and for any activity shall not exceed the total Fees actually paid by the Client to Betahaus under this Agreement. Betahaus and the entities associated with it shall in no event be liable for any indirect, circumstantial damages or for loss of profit or other commercial opportunities. (12) The Client is the exclusive responsible and liable for any damage caused by a pet brought by the Client or Client’s related persons. (13) Betahaus does not control and is not responsible for the actions of other clients. If a dispute arises between the clients or any of the Client or its visitors, Betahaus shall have no responsibility or obligation to participate, mediate, take action or indemnify any party in connection to the said dispute. (14) Betahaus shall have a right of entry to the Premises and Office spaces rented by Clients without a prior notice, for purposes of carrying out maintenance services, security or safety. In such cases Betahaus may temporarily move furniture. (15) The Client acknowledges that it is aware that in the event that Betahaus shall be legally obligated to provide information to an authority regarding Clients or users, it shall be entitled to do so, and neither the Client nor its visitors shall have any claim in this regard. (16) The Client acknowledges and agrees that security cameras are installed in the Office space, Common Space and open space area. The Client shall not request and Betahaus shall not have any obligation to maintain or provide the Client any Premises photos, photographic records, video films or other security video films. § 12 VACATING RENTED SPACE BY A CLIENT (1) The Client shall undertake to use in good faith and to take due care of the items provided to them by betahaus, and to return them in the same condition in which they were received, after vacating the workspace. In case of damage, loss or absence of any of the items entrusted to them, the Client shall undertake to restore the missing items or to restore the damaged items in their previous form and condition. (2) Upon termination of the agreement, the Client shall be obliged to vacate the workspace they occupied and to hand over to betahaus all keys/chips for access to the workspace, including all copies they made for themselves, within 3 (three) days of the termination of the agreement. If a Client fails to fulfil this obligation or fails to comply with the specified term, betahaus shall have the right to declare their workstation as vacant and remove their belongings. Abandoned items will be stored by betahaus at the Client’s expense, if they are not removed after a warning has been issued. (3) If the Client does not vacate the workspace on time, they shall be obliged to pay compensation to betahaus for the delay in the amount of BGN 100.00 for each day of delay. §13 FINAL PROVISIONS (1) Betahaus shall be entitled to amend these General Terms and Conditions at any time. Betahaus shall undertake to promptly notify the Client of any changes made. In the event that the Client does not expressly disagree with the changes made within 7 days of the notification under the preceding sentence, it shall be considered that the Client has accepted the relevant changes to the General Terms and Conditions. (2) All notifications and documents to be served or provided by a Client to betahaus under or in connection with the conclusion and/or performance of the Rental Agreement shall be served at the address of the Shared Workspace. All notifications and documents to be served or provided by betahaus to a Client shall be deemed to have been served, if they were (a) served personally to the Client, or (b) sent to the Client’s mailing address, as specified in the Rental Agreement signed with the Client. By announcing them on the betahaus website and/or posting them on the message board in the shared workspace, all notifications under §9(2) shall be deemed to be validly served. Notification of the Client for activities under §9(6) shall be made by announcing them on the betahaus website and/or placing them to the message board in the shared workspace, in which case the Client shall be deemed notified. (3) The agreements concluded under the terms of these General Terms and Conditions shall be subject to Bulgarian legislation. The effective Bulgarian legislation shall apply for the matters not settled by the provisions of the agreement. (4) All disputes between the parties shall be resolved by mutual consent and, if impossible, the parties agree that disputes arising under this agreement shall be resolved by the competent Bulgarian courts. (5) In the event that any clauses or parts of these General Terms and Conditions are declared void, this shall not invalidate these General Terms and Conditions or the agreement concluded with Client. In such cases, both shall undertake to replace the invalid provisions and to negotiate and introduce new, legitimate provisions that are close to the interests of both parties as soon as possible. |