§1 GENERAL INFORMATION
(1) The present general terms (The “General terms”) settle the conditions under which “betahaus Sofia” OOD rents a workspace for shared use as well as the provision of additional services associated with the use of the shared workspace. Within the meaning and for the purposes of these General terms, “workspace for shared use” means an open workspace in which one or more renters (hereinafter referred to as “Clients”) can rent single or a team desk on a daily or monthly basis.
(2) The workspace is located at 56-58″Krum Popov”str, 1421 Sofia.
(3) The services are offered both to individuals and to legal entities.
(4) For purposes of these General terms “betahaus Sofia” OOD will be briefly designated as “betahaus”.
§2 TYPES OF SERVICES OFFERED
(1) betahaus offers the following services: renting of desks in an area for shared use, including the right to use an Internet (wifi); providing rental rooms for seminars and meetings (conference rooms), postal address; rental of locker for valuables. betahaus offers, besides that, the following side / ancillary services:
– Organizing and conducting events;
– Rental of equipment for events (projectors, monitors, conference materials, etc.).
– Culinary and catering services
– Mediation in the selection of external consultants (legal, financial, accounting, etc.).
– consulting services.
Providing of the side / ancillary services shall be governed by a separate agreement between the user and betahaus.
(2) betahaus offers its services in packages (hereinafter “Packages”) determined depending on the type of included services and the duration of their use. Unless in the explicitly provided in these General terms cases, betahaus offers its services only as part of the below mentioned packages and the services can not be provided independently.
At the date of the present General terms betahaus offers the following packages:
1. DAILY PASS
Includes the right to use one place (choice according to current utilization) in the shared workspace as well as the right of unlimited use of wireless internet (wifi) for one calendar day within the official working hours of betahaus.
Includes the right to use, within the official working hours of betahaus, a workplace (choice according to current utilization) in the shared workspace; right to unlimited use of wireless internet (wifi); right of limited use of printing and photocopying services; right to postal address and right of limited hours conference room for the duration of the package; access to loyalty program “beta+” (Benefit from our loyalty program with special products and services at disruptive prices for members only); access to global roaming (5 free days to work from betahaus partners’ locations); The package is valid for a period of one (1) month.
Includes right to use, within the official working hours of betahaus, one fix desk (client’s choice at the conclusion of the agreement, according to current utilization) in the shared workspace; right to unlimited use of wireless internet (wifi); right of limited use of printing and photocopying services; right to use a mailing address and right of limited hours conference for the duration of the package; right to twenty-four-hours a day, seven-days a week access; right of locker for valuables; access to loyalty program “beta+” (Benefit from our loyalty program with special products and services at disruptive prices for members only); access to betahaus passport (5 free days to work from betahaus partners’ locations); right of publishing job offers on betahaus website. The package is valid for a period of one (1) month.
4. CUSTOM OFFICE
This is a package that allows the client individually to negotiate the types of services and parameters of using the workplace in accordance with the number of people and its individual needs. Package price is determined on a monthly basis as all conditions for providing the betahaus services and the rights and obligations of the parties shall be determined in accordance with the present General Terms.
(3) Against an extra charge to the packages described in paragraph (2) the following additional services according to the existing capacities (“Additional Services”) are provided:
The additional services are provided on a monthly basis.
(4) Each workplace is equipped with: a work table (desk), a chair, an electricity, a lighting and a wireless internet (wifi).
(5) When hiring the workplace under the terms of the Visitor and FLEX packages, the agreement gives the right to use only a workplace that is free at the moment at which the Client occupies, but does not give the right to use an exact place for the duration of the agreement.
(6) The right of limited use of printing and photocopying services, includes the right to print and / or copy up to 100 monochrome pages and up to 30 coloured pages. Printing or copying of an additional pages has to be paid according to prices specified under the Tarrif in “Additional services”.
(7) In the cases when the selected package includes “Postal address” betahaus provides an opportunity to receive correspondence and parcels addressed to the Client and its temporary storage until its actual receipt by the Client. When providing this service betahaus is obliged only to receive the parcel, to notify in person or by e-mail the Client within one business day for the receipt of a parcel and its sender (if there is one) and to store the parcel until its delivery to the Client ( in person or to an authorized representative). If the parcel is not accepted by the Client for a period of one (1) month. betahaus has the right to forward the correspondence and the parcels which have not been demended by the Client in the aforementioned period to the address the Client specified in the Application for a place, and is not responsible for the delivery or the condition of the parcels. Every Client who uses the “Postal Address” service explicitly accepts and is considered to have acknowledged that betahaus is obliged to accept all parcels and correspondence sent to her address and that in certain cases, this can be considered as an official date on which the messages and the notifications of the client have been delivered. Betahaus is not responsible for expired or missed deadlines by the Client as far as it has promptly informed the latter of the receipt of the relevant parcel.
§3 CONDITIONS FOR ACCESS
(1) The Clients of betahaus right to have access to the workspace within the official working hours: Monday – Friday from 9:00 – 20:00.
(2) Clients who paid for the additional package “twenty-four-hours a day, seven- days a week access” (24/7) according to §2 (3) have a right to unlimited access to the workspace by a key / a chip. In this cases the Client is obliged to comply with the conditions for access to the building during overtime as well as to ensure the compliance with the safety requirements and security of the building, which can be determined by betahaus or the owners of the building in which the shared workspace is located.
(3) In case of unlawful use of the space outside the conditions described in paragraph (2) or actions as a result of which an additional expenditures have been caused to betahaus in connection to the security or safety of the building, the Client bears full responsibility for the caused expenditures or damages.
(4) The Client is obliged to immediately notify betahaus in case of a lost key / chip for twenty-four-hours a day, seven- days a week (24/7) access.
(5) In case of delayed payment by the Client, betahaus has the right to limit or prohibit the access of the Client to the office spaces of betahaus.
§4 AGREEMENT CONCLUSION
(1) Before concluding a contract for use of the services (hereinafter referred to as “Rental Agreement”), each potential Client should submit a form “Request for a place” or “Rental Agreement” (“The request”), duly signed by him or his representative. Each request must have the following minimum content:
1. name / designation of the client;
2. for Clients legal entities or sole traders – UIC and VAT number and for individuals – EGN (PIN);
3. Selected package of servieces;
4. Term of use of the package;
5. Starting date for using the package.
(2) The rental agreement can be concluded electronically or on paper. The conclusion of the agreement in electronic form does not require the use of qualified electronic signature and is done by sending and receiving a Request for place electronically.
(3) Sending of an electronic form “Request for a place”, in which the selected by the Client Package/s and Additional services have been specified is considered as making an offer by the Client to betahaus for a conclusion of an agreement for the relevant Package under the conditions set out in the present General terms. The agreement for using of the betahaus services is considered concluded by betahaus from the receiving date of valid signed by the respective Client Request (hereinafter “Date of agreement”). It is believed that betahaus has accepted the received Request, in case that betahaus has not explicitly refused the acceptance within one (1) business day from its receipt.
(4) The present General terms are an integral part of the Rental agreement and have been published and are freely available on the website of betahaus – www.betahaus.bg. By signing the Request, the Client declares that he is familiar with them and he accepts them entirely. Before, during or after the signing of the Rental agreement the Client has the right to require betahaus to be provide him with the present General terms on paper without paying taxes or costs for this. In this case betahaus has the right to require the Client to provide, countersigned by him copy of the received General terms as a proof of its receipt
(5) The request can be signed on a paper and sent to betahaus to the address specified in §1 (2) above or to be signed and sent through the website www.betahaus.bg, managed by betahaus. Online confirmation by the Client of the “Request for place” is considered to be an electronic signature within the meaning of Art. 13 para. 1 of the Law on electronic document and electronic signature. No additional fees are charged for electronically filing of a Request.
(6) The Client is obliged, upon filling in the request to give correct and accurate data. If the requesting is a legal entity, the Request must be signed by a legal representative or a duly authorized person. If the Request is signed by a legal representative or a proxy, the Request shall be deemed to be validly signed only if accompanied by a prima facie evidence for the representative authority of the signatory.Upon the occurrence of changes in the data concerning the Client specified in the Requst, the Client is obliged to immediately inform betahaus of the relevant changes.
(7) Upon receipt of a signed Request, betahaus has the right, at its discretion, to withdraw from agreement conclusion without being necessary to give reasons for its refusal.Betahaus may exercise this right within one business day from the receipt of the signed Request.
(8) The client has the right upon signing the Request to specify the day on which to occupy the rented by him places (“Starting date of the rent”). The starting date of the rent can be no earlier than one business day from the date of signing the Rental agreement and not later than 1 (one) month from the date of signing of the Rental agreement.
§5. PRICES AND METHOD OF PAYMENT
(1) The prices of the offered by betahaus services are specified in the Tariff fo the prices of products and services offered by betahaus (“The tariff”). The tariff is attached as Annex No1 to the present General terms and represents an integral part of same.
(2) All prices specified in the Tariff are with VAT included and apply only to the Packages in the Tafirff. All additional services that are not explicitly included in the relevant Package are extra charged.
(3) The price for all Packages and Additional services for which an agreement has been concluded with duration of up to three (3) months shall be paid in full amount within 7 (seven) working days from the Date of the agreement. For agreements with a duration longer than 3 (three) months, the Client may choose to prepay for a period of 3, 6 or 12 months or to pay for each month within 5 working days from the beginning of the relevant month.
(4) The client has the right to pay the amounts due in cash, by a bank transfer or by a direct debit. All bank charges payable when using bank transfer or a direct debit are at the expense of the Client.
(5) A client who has concluded an agreement for a period longer than 1 (one) months can agree to a direct debit to betahaus, for the amount of the due monthly payments under the concluded agreement.
(6) The deadline for payment of the due price starts from the Date of the agreement. In the cases when, according to §5 (3) above, the Client has chosen to pay the due price in monthly installments, the deadline for payment starts from the first day of the relevant month. For the purposes of these General terms for the first day of the month in respect of a given agreement is considered the number of the Initial date of the rent.
(7) In case of a delayed payment of the due price within the period specified in §5 (3) above, the Client owes an interest on the overdue amount for each day of delay. The default interest is at the amount of the statutory interest. Payment of default interest does not preclude the right of betahaus to seek compensation for damages actually suffered by the delayed payment in case that the same exceed the amount of interest paid for a delay.
(8) Betahaus reserves the right to offer additional or individual discounts to a particular client or to a groups of clients.
§6. DEPOSITS AND GUARANTEES
(1) Upon conclusion of an agreement for any Package, the Client shall pay within the terms according to §5 (3) above, a deposit at the amount determined as follows:
– For agreements for Package CUSTOM OFFICE – deposit at the amount of one (1) month rent, regardless of the duration of the agreement. The deposit serves to secure the Client’s liabilities to pay all amounts due under the agreement, including but not limited to, obligations to pay the rental price, price to use additional services, obligation for compensation or recovery of damages caused by the Client.
– For additional package ” to twenty-four-hours a day, seven- days a week access” (24/7) – a deposit at the amount of 30 BGN for each key / chip along with a copy of the identity card of the Client’s representative, signed personally by the latter with the words “I agree to the copy made and I confirm that it is true to the original. ”
(2) The deposit according to §6 (1) is recovered by betahaus within 5 (five) working days from the vacation of the Client’s workplace. Before restoring the deposit betahaus has the right to deduct all due amounts from Client. Deducting deposit sums does not exempt the Client from the liability to pay the full amount of the due sums in case that the same exceeds the amount of the deposit.
§7. AGREEMENT TERMINATION
(1) The agreements for each of the Packages offered by betahaus are fixed-term and are terminated at the end of the term for which they were concluded.
(2) The Client has the right unilaterally to terminate the Rental Agreement before the expiry date by giving 10 days written notice. An exception is a Rental Agreement concluded for package CUSTOM OFFICE, which can be unilaterally terminated ahead of term by the Client by giving two months’ written notice.
(3) The notice of termination of the agreement is considered valid if personally signed by the Client or by a duly authorized representative of him. The notice of termination can be signed on paper and delivered to the management address of betahaus or submitted in electronic form, which does not require the use of qualified electronic signature.
(4) Both parties have the right at any time to terminate the contractual relationship by mutual consent without stating the reasons for the termination.
(5) Betahaus has the right to terminate and / or unilaterally break any Rental agreement, in case the Client has violated the conditions of the relevant agreement and has not terminated the violation and / or removed the consequences from the violation of the given by betahaus term. betahaus has the right to terminate any contract without notice with an immediate action in casse that the Client: (a) has delayed the payment of any sums owed to betahaus by more than 7 (seven) working days under these General terms; (b) has not delivered the due deposit under §5 (3) or (c) is in violation of §11 (2) below.
§8 PROTECTION OF PERSONAL DATA
(1) Betahaus processes and stores personal data about its clients in accordance with the requirements of the Law for protection of personal data and the applicable regulations.
(2) With the conclusion of the Rental agreement with betahaus each Client is considered to have given his consent for the provision of his personal data necessary for the conclusion and the implementation of the relevant contract with betahaus. The Client gives his explicit consent his personal data to be used for verification of his creditworthiness in accordance with the applicable procedures in Bulgaria.
§9. RIGHTS AND OBLIGATIONS OF THE CLIENTS
(1) Upon conclusion of an agreement for Packages PRO and CUSTOM OFFICE, the Client has the right to use his own furniture, objects, equipment and peripherals with the prior consent of betahaus. For all other Packages, the Client has no right to use his own furniture and equipment (except laptops) in the shared workspace.
(2) When conducting evening events outside the official working hours of betahaus, the Client is obliged to vacate the occupied by him workspace, upon request by betahaus, which request is made not later than 2 working days before the event.
(3) The Client has no right to lease the rented by him place to third parties or to assign its rights and obligations under the concluded agreement with betahaus to third parties without the prior written consent of betahaus.
(4) The Client has no right to make changes in the shared workplaces, except with the prior written consent of betahaus and in compliance with the regulatory rules. All expenditures trelated to making changes are at the expense of the Client. Betahaus has the right to set as a condition for making changes in the workspace to request from the Client to provide a deposit for covering the cexpenditures for restoring the workplace in its original form, if necessary.
(5) The client is obliged after / at the end of the contracting relations to vacate the rented by him workspace in its original form, except in the cases when betahaus has given its explicit written consent for something else. The Client has no right to a compensation for improvements or changes madde by him, even in the cases when betahaus does not require the restoring of the original form of the workspace.
(6) Betahaus reserves its right to perform any type of construction and structural changes needed to maintain and expand the building or a particular workplace, as well as to with a purpose of removing damages or risks, within a reasonable period, suitable for the Client. Upon occurance of such circumstances, the Client is obliged, if necessary, to vacate the rented by him workspace. Betahaus is obliged to take all measures for the unhindered use of the services paid by the Client. All occurred expenditures for the Client as a result of such of reconstruction and repairs will be undertaken by him (expenditures for replacement, delay or loss). The established prices are not subject to a changed. Betahaus not liable for damages unless the right to use the workspace is hindered for unreasonably long period or the use of the workplace becomes impossible.
(7) betahaus offers to its Clients available equipment (telephones, monitors, projectors) and other furniture in perfect working condition. The devices are regularly tested for their good working order, their functionality is regularly maintained and their use by the Client must be conformable to their respective purpose. Any unauthorized use is prohibited. Damage arose as a result of improper use are at the expense of the Client.
§10 BEHAVIOUR OT THE CLIENTS IN INTERNET
(1) The Client is obliged to comply with all applicable laws and regulatory rules related to the dissemination of information. The Client is fully responsible for his actions, including in the cases when he uses access to Internet through the betahaus network.
(2) The Client is obliged to comply with regulatory restrictions on the transmission, storage, processing and presentating of information. The Client is obliged to comply with all applicable laws and regulatory rules related to the protection of intellectual and / or industrial property objects.Copying, distributing or downloading of copyrighted music and / or movies and / or other objects protected by copyright without the appropriate license is prohibited. In case of a violation under §10 (2), which will lead to the occurrence of damages for betahaus, the Client is obliged to compensate betahaus for all caused damages, 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 has the right and is obliged to inspect the workplaces upon their occupation. By signing the Request for place, The Client declares that it is aware that the workplaces, except for the workplaces that are provided with Package CUSTOM OFFICE, are located in a shared open room / office and are not subject to a division or separation. The Client has the right to object against the condition of the occupied workplace / workplaces upon their occupation. In case that betahaus has not received an objection by the Client regarding the workplace within the starting date of the rent it is considered that the Client has accepted the workplace in good condition and without remarks. The Client is fully liable for its condition throughout the term of the Rental agreement.
(2) betahaus is not liable for damages suffered by the Client within a concluded Rental agreement, unless these damages are a result of gross negligence or a malice by betahaus, its representative or an employee. In all cases, the responsibility of betahaus is limited only to damages which are direct and immediate cause of actions for which betahaus is responsible and which damages could have been foreseen at the conclusion of the Renral agreement. Betahaus is not be liable for lost profits or indirect damages.
(3) Betahaus is not responsible for any infringements of the rights of the intellectual property of third parties resulting from the actions of the Client as well as in the cases of dissemination of personal data and / or confidential information by the Client. The Client is responsible for all violations related to the protection of competition, copyright, trademarks, personal data, trade secrets and other, related to the activity carried out by him when using the workspace provided by betahaus.
(4) In case of a violation by the Client, for which the responisbility of betahaus is engaged, the Client is obliged to compensate betahaus for all damages suffered by betahaus in this connection. The Client is obliged to reimburse all expenditures incurred by betahaus including paid compensations and fines, attorney expenses, state taxes and all other expenses incurred during the protection of the rights and the legitimate interests of betahaus.
(5) betahaus is not responsible for the content or the condition of the parcels delivered to Clients to the address of betahaus. Betahaus is not liable in case that its not able receive a correspondence addressed to the Client, due to requirement by the sender the correspondence to be delivered personally or to an authorized representative. In this case the Client is obliged to ensure the presence of an authorized representative to receive the parcel.
§12 LEAVING OF A CLIENT
(1) The Client is obliged to conscientiously use and to treat with the due care the provided to him by betahaus belongings as well as to return them back in the form in which he received them after leaving the workspace. In case of a damage, loss or absence of any of the entrusted to him items, the client is obliged to recover the missing items or to restore the damaged items to their previous form.
(2) Upon termination of the agreement and vacation of the occupied workspace the Client is obliged to hand over to betahaus all keys / chips for access to the workspace, including all copies which he made for himself. If the Client does not fulfill this obligation or is late with the fixed deadline, betahaus has the right to announce his place for vacant and to remove his belongings. Abandoned objects will be kept by betahaus at the expense of the Client, if they are not removed after a warning.
(3) If the client does not vacant the workspace in time, he is obliged to pay to betahaus a compensation for the period of delay at the amount of [25 lev] for each day of delay.
§13 FINAL PROVISIONS
(1) betahaus has the right to amend the present General terms at any time. betahaus is obliged to promptly notify the Client of the changes made. If case that the Client does not express explicit written disagreement with the changes made within 14 days of the notification under the preceding sentence it shall be deemed that the Client has accepted the relevant changes in the General terms.
(2) All notices and documents which should be handed over or provided by Client to betahaus under or in connection with the conclusion and / or execution of the Rental agreement are delivered to the address of the shared workspace. All notices and documents which should be handed over or provided by betahaus to the Client are deemed to be validly delivered if they are (a) delivered personally or (b) sent to the correspondence address of the Client specified in the signed Request for a place.
The notifications under §9 (2) or §9 (6) are deemed to be validly delivered after their announcement on the website of betahaus and / or their sticking to the notice board in the shared workspace.
(3) The agreements concluded under the conditions of the present General terms are subject to the Bulgarian law. For unsettled contractual conditions the provisions in the current Bulgarian legislation shall be applied.
(4) All disputes between the parties will be settled by mutual agreement, and if not possible, the parties agree that the disputes that arose in connection with this Agreement shall be addressed to the competent Bulgarian courts.
(5) In case that individual clauses or parts of the present General terms are declared null, this does not lead to nullity of the present General terms and the concluded contract with a Client. In such cases, both parties are obliged to replace the null provision and to negotiate and implement in the shortest possible time new lawful one close to the interests of both parties.