Terms and Conditions
Definitions
1.1 The following terms and conditions together with the specification of services on the previous sheet are referred to as the "Agreement". 1.2. "Client" is the organization or person who engages the Supplier's services. 1.3. "Specification of Services" is a document describing what will be provided by the Supplier. 1.4. "Supplier" is Workeamos Lab S.L., CIF: B76811546, Calle Pérez de Rozas 25, Local A.. 1.5. All memberships are personal and non-transferable.
General
2.1. These Terms and Conditions shall apply to all contracts of the provider's service offerings to the customer. 2.2. Before commencing the provision of the service the supplier shall forward to the client the service specifications specifying the services to be provided and the fees payable for these services. The client shall notify the supplier immediately if he does not agree with the service specifications. All service specifications are subject to these Terms and Conditions. 2.3. The commencement of the provision of the service shall take place from the date stated in the service specification and shall continue indefinitely if no notice to the contrary is given by either party in advance as specified in the specific agreement signed. When notice is given after the date indicated, the supplier reserves the right to invoice and charge. 2.4. The Supplier shall endeavor by all reasonable means to perform the agreed services within the estimated time.
Fees and payment
3.1 The fees to be charged for the provision of services are described in the service specification. The provider will invoice for memberships (booth, room and virtual office rentals) at the beginning of each month, and for additional services on the following month's invoice. For example, a person who has an office in December and rents meeting rooms will receive an invoice on December 1 for the office rental, and an invoice on January 1 for the cost of the meeting rooms. 3.2. The invoiced amount is due for payment within 3 days of receipt of the invoice. The supplier is entitled to charge interest on unpaid invoices from the day payment is due until payment is made.
Obligations of the Purchaser
4.1. To enable the supplier to perform its obligations under this agreement, the client shall
4.1.1. cooperate with the supplier; 4.1.2. provide the supplier with any reasonable information required by the supplier; 4.1.3. obtain all necessary permissions and consents prior to commencement of the services; and 4.1.4. comply with the requirements stated in the service specification or otherwise agreed by the parties.
4.2. The customer is responsible for compensating the supplier for any expenses arising from non-compliance with 4.1. On the part of the customer.
4.3. If the client terminates or cancels the additional services without prior notice, the supplier shall be entitled to payment of the contracted services during this period, considered as damages and not as a penalty. The customer accepts that this is a genuine estimate of the supplier's losses. Failure to comply with the obligations in clause 4.1. is considered a cancellation of the service and is subject to payment of the damages specified in the clause.
4.4. If the client or any third party, other than a subcontractor of the supplier, omits or commits any act that prevents or delays the supplier's obligations stated in this agreement, the supplier shall notify the client immediately and: 4.4.1. the supplier is not responsible for delays in the completion of any project; 4.4.3. the supplier shall notify the client at the same time if the supplier wishes to charge for any additional fees.
Alterations to the service specification
5.1. Both parties may at any time agree and execute new service specifications. Any alteration in the scope of services of this agreement shall be indicated in the service specifications, which shall reflect the change of service and the tariff or any other item agreed upon by the parties.
5.2. The customer may request alterations to the service specification by notifying the supplier in writing. When the supplier receives a request for alteration of the service, the supplier shall inform the client in writing of the effect of these alterations on the tariffs and any other terms previously agreed, should any change be necessary.
5.3. When the supplier notifies the client in writing of any alterations to the terms, the client shall inform the supplier whether or not it wishes to proceed with the alterations.
5.4. When the supplier notifies the customer in writing agreeing to alterations to the agreement, and the customer confirms in writing that it wishes to proceed, the service specifications are amended to reflect such alterations, and the supplier shall thereafter comply with the amended agreement.
5.5. The Supplier shall at all times retain the right of admission and continuity over the Customers applying for or subscribing to this Agreement. Said right allows the Supplier to accept or reject any customer of the agreement and at any time phase of the agreement.
Warranty
6.1. Provider warrants that the services rendered under this Agreement will be performed using reasonable skill and care, and in accordance with generally accepted quality practice and industry standards.
6.2. All warranties not set forth in 6.1. are excluded.
Indemnity. 7.1 Without prejudice to any indemnities that may be included elsewhere in these terms and conditions, the client shall indemnify the supplier against claims, costs and expenses incurred by the supplier arising directly or indirectly from the client's breach of this agreement.
Security and liability
8.1 The loft coworking shall ensure the security of the premises. The CLIENT declares to be in agreement with the security system of the property and submit to the same to guarantee with its conduct the security of the space. 8.2.The loft coworking provides the client with a security system. That said, it can not guarantee 100% security of all private property of the CLIENT that are inside the building, since this is a space open to the public.8.3. In case the CLIENT wants to establish a security system to ensure the safety of their own property, must coordinate himself with the security system of The loft coworking and must request express authorization to implement it. The loft coworking, within the space, of some work areas with a certain level of access restriction and some common areas for work or other activities, such as cafeteria or events, with open access to the public. In these areas open to the public, individual responsibility is required of all persons towards their property. The loft coworking has an insurance policy that covers third party property in case of theft. Liability and payment would be reviewed on a case-by-case basis.
Confidentiality
9.1. Both parties agree to maintain the confidentiality of information of a confidential nature, including trade secrets and valuable business information. This information shall not be used for personal gain or without prior written consent. This confidentiality agreement does not apply to information in the public domain or known to the party at the time of disclosure or information that later becomes public knowledge unless this is the result of a breach of this agreement.
9.2. This clause remains in force after the termination of this agreement.
Term. Supplier and Customer may each separately terminate this Agreement at any time by giving the other party written notice of one calendar month's notice prior to contract renewal for fixed monthly, quarterly, semi-annual and annual rates and 10 days' notice for flexible monthly rates. The termination shall take effect immediately in the case of highly inadequate behavior.
The only exception to the above are the Virtual Office services, which will have a minimum contract term of 3 months from the subscription of this agreement. Once this period has elapsed, the customer may terminate the contract at any time by giving written notice in the manner and time referred to in the preceding paragraph (provided that the type of service contracted after 3 months is monthly). If the client wishes to terminate this agreement before the minimum contract term has elapsed, he/she will have to pay, as compensation, the proportional part of the amount corresponding to the first 3 monthly payments that remains to be paid.
Force majeure
Neither party shall be liable for delay or inability to perform any of its obligations if they result from events or circumstances beyond the reasonable control of the parties, including but not limited to acts of God, strikes, accidents, war, fire, action or omission of government, authorities or telecommunications service providers, operators or administrators, or due to the failure of third parties to manufacture, produce, or provide equipment or services.
Independent contractual parties The supplier and the customer are independent and neither has the authority to bind the other with respect to a third party, or act as the representative of the other, unless a written agreement exists between the two parties. The supplier may use, in addition to its own employees, a subcontractor to provide all or part of the services rendered to the customer. These engagements do not release the supplier from its obligations under this agreement.
Assignment The customer may not delegate its rights or obligations to another person without the prior consent of the supplier. In the case of a multi-user service specification, the names listed on the service will be only those to whom this agreement applies.
Severability If any part of this agreement is declared invalid, illegal or unenforceable by any court of competent jurisdiction, such part shall be severed and the remaining terms and conditions shall continue to be in effect as if this agreement had been accepted without the severed part.
Waiver The failure of either party to perform at any time or for any period does not mean that the agreement ceases to be valid.
Notices Any notice given by either party may be given in writing by e-mail, in person or by mail.
Entire Agreement This is the entire agreement between the parties and supersedes any prior agreements, oral or written. This agreement can only be changed by a document signed by both parties.
No Third Parties This agreement does not cover third parties.
Legal Jurisdiction The parties, waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of Santa Cruz de Tenerife.
In compliance with the Organic Law 15/1999, of December 13 of Personal Data Protection (LOPD), we inform you that the data you provide in this form will be incorporated into our database and will be treated as completely confidential and according to all security measures established by law, in order to prevent unauthorized access and treatment. By contracting a service with The loft coworking, you are accepting the Terms and Conditions of The loft coworking.