Office12 Coworking Space – Terms & Conditions
Office12 provides commercial space located at Michael Iliadi 12, Heraklion Crete, Greece Postal Code 71409. It is used as a Coworking Space.
1. Acceptance of TermsUpon your execution of the within Agreement, you shall be allowed to use our space, subject to the following Terms and Conditions (T&C).We reserve the right to update the T&C at any time. Office12 membership application does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis. Your membership is personal to you. You may not transfer your membership to someone else without us agreeing to it in writing first.
2. Description of ServicesOffice12 provides you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, kitchenette area, and other services (collectively, “Services”). The Services at all times are subject to the T&C.
More specifically, Office12 offers:
- One working space which consists of a position in a desk, with two (2) or three (3) drawers (upon availability), one (1) chair and one (1) locker to keep your private stuff
- Redundant internet connection with 2-4 load-balanced ADSL connections Wifi and cabled network
- Use of kitchen and its facilities (such as coffee makers, refrigerator, space for lunches and food consumption, filtered water etc.)
- Printing service up to 50 pages/month Cleaning service for a clean and fresh working environment
3. Use of ServicesYou acknowledge that you are using the Services at your own free will and decision. You acknowledge that The Coworking Space does not have any liability with respect to your access, use of the Services, or any loss of information resulting from such participation or use.
- Office12 is a shared office and we ask that you consider other members and use the space in a respectful way without affecting other members’ health, quiet, work or safety.
- Considerate of your neighbors and take your calls or talks to the kitchen or the conference room to keep the noise level down in the coworking space.
- When using meeting rooms or other resources or areas it is required that you return them in original condition at the end of every use.
- All members are responsible for cleaning daily their stuff, which means that you should be responsible for your desk, drawers as well as the kitchen facilities you use.
- Members are liable for compensation for the damages caused by them at our premises – normal wear and tear of the equipment resulting from their everyday use is excluded.
- Office12 shall be liable for damages to the equipment of the member if these were made during the period when the equipment was locked in the member’s locker in Office12 premises. The locker is the appropriate place where the member should store its equipment during its absence from the premises.
- The Coworking space shall provide members with the means of safekeeping the facilities for the safety of member’s equipment and shall offer every possible assistance in the case of damage or theft of member’s equipment.
4. No Unlawful or Prohibited Use
- Not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. In addition you shall not use the Services in any manner that could damage, disable, overburden, or impair any The Coworking Space’s server, or interfere with any other party’s use and enjoyment of any Services.
- Not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any The Coworking Space server or to any of the Services, through hacking, password mining or any other means.
- You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary.
- You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
- Shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Nor should you post or download files that you know or should know are illegal or that you have no rights to.
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Coworking Space servers.
- Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws. Including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information. Including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
- Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules).
- Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party.
- Violate any applicable laws or regulations; or
- Create false identity for the purpose of misleading others.
5. Renewals and Terminations
- This Agreement is valid for the agreed period.
- It is automatically renewed at the end of each period with consent of each party. Should Member not provide timely notice of termination to Office12 Coworking Space then the Membership Period shall continue to the end of the following calendar month. The service fees for that calendar month shall be payable.
- Members may terminate this Agreement by giving a written notice of termination.
- The T&C must be adhered to at all times. Failure to follow T&C can result in non-renewal or even early termination of the usage license. The Coworking Space reserves the right to terminate any Service at any time, if you fail to comply with the T&C. This includes non-payment or violation of the space rules.
6. Invoicing and PaymentThe member is invoiced based on its membership option. Payment is required at the date specified in the invoice and is made upon arrangement with Office12 Coworking Space.
7. ConfidentialityYou acknowledge and agree that during your participation in and use of the Services you may exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Office12 or any participant of used of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Office12, any analyses, compilations, studies or other documents prepared by Office12 or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to:
- maintain all Confidential Information in strict confidence;
- not to disclose Confidential Information to any third parties;
- not to sue the Confidential Information in any way directly or indirectly determined to Office12 or any participant or user of the Services.
8. Disclaimer of WarrantiesTo the maximum extent permitted by the applicable law The Coworking Space provides the Services “as is” and with all faults. Hereby disclaim with respect to the Services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the Services, remains with you.
9. Exclusion of Incidental, Consequential and Certain Other DamagesTo the maximum extent permitted by the applicable law, in no event shall The Coworking Space or its affiliates, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever, including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever, arising out of or in any way related to the participation in or inability to participate in or use of the Services, the provision of or failure to provide Services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The Coworking Space, and even if The Coworking Space has been advised of the possibility of such damages.
10. Limitation of Liability and RemediesNotwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of The Coworking Space or its affiliates and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you. The foregoing limitations, exclusions and disclaimers (including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. Non-DisparagementYou shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding The Coworking Space, or any of The Coworking Space officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
12. IndemnificationYou release, and hereby agree to indemnify, defend and save harmless The Coworking Space and The Coworking Space affiliates and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by The Coworking Space or its respective officers and agents in connection with the defense of such claim or lawsuit.
13. SeverabilityIn the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
14. Things Out of Our ControlSometimes events happen that are out of our control. These include things like strikes, lockouts, accidents, war, fire or the delay or failure in manufacture, production, or supply by third parties of equipment or services. Such events may prevent us from providing you with access to the Space, providing the Services in whole or in part, or may prevent you from performing your obligations under these T&C. In such cases both parties agree that the other party will not be liable for any delay or failure in performing their obligations.
We will endeavor to provide the Services to the best of our ability. We value your feedback, and if we are not meeting your expectations please let us know so that we can try to find a way of addressing this.