Loffice: means P-55 Ingatlankezelő Kft. (seat: 1061 Budapest, Paulay Ede str. 55.) service provider (hereinafter: „Loffice”); Loffice building: means the building owned by Loffice at 1061 Budapest, Paulay Ede str. 55, plot number 29372/0/A/1 and its yard; Loffice Coworking: means the territory of Loffice building, used for Coworking Service purposes; Coworker: means the recipient of Coworking Service; Coworking Service: means the shared use of office space and infrastucture with other Coworkers in Loffice Coworking; Specific Agreement: means the Coworking/Seat-tenant Data-sheet, the Event Data-sheet and the Meeting Data-sheet or any other documents, in which on one hand Loffice and on the other hand the Coworker and/or the Seat- tenant agree regarding the specific Coworking Service and/or seat host service, further in which Loffice and the Room-tenants agree regarding renting Premises and connecting services; Price or Prices: mean the currently valid countervalues, including Fees, to be paid for Coworking and any Other services provided by Loffice, which are published on the website of Loffice: http://budapest.lofficecoworking.com/prices; Fee: means the amount paid by the Coworker to Loffice for the basic Coworking Services (GTC Point 3.6). The Fee does not cover Other Services and the services which are subject to special fees; Seat-host service fee: means the amount to be paid for the seat host service by the Seat-tenant; Party or parties: mean Loffice, the Coworker and/or the Seat-tenant or the recipient of Other Services, including the Roo-tenants, as the content may require; Security Deposit: means the amount paid by Seat-tenant and in case of a LoFIX package a Coworker, as a security for contactual obligations; Identification: means in the case (i) the Coworker or the Seat-tenant is a natural person, the number of their ID/Passport, and address registration sheet; in case (ii) the Coworker or Seat-tenant are legal entities, the copies of the abstract from the commercial registry and the personal data of their manager and (iii) in both cases their e-mail addresses, post addresses, invoice address, which documents shall be provided to Loffice upon entering into force and effect of the legal relationship of the Coworking and/or Other Services as certified int he Specific Agreement; Services Package or Service Packages: means specific service contents, differentiated by the term and, types and other specifics as set out on Loffice’s website; („LoFIX” or „LoFLEX” package); Other Services: Services, other than Coworking Services of Loffice, such as e.g. seat host service, renting out of Premises, administrative service; Premises: means event rooms and the conference rooms, rented out by Loffice; Seat-tenant: the natural person, or legal entity, organisation, renting a seat, domicile or branch at Loffice Coworking; Room-tenant: means the tenants of Premises; Host: representative of Loffice;
1. ENTERING INTO EXISTENCE OF THE COWORKING CONTRACT 1.1. The contract for Coworking Service enters into force subject to signing the Specific Agreement (on the Coworking/Seat-tenant Data- sheet) by Loffice and the Coworker, the minimum content of which sets out the following: (i) Identification of the Coworker (ii) the Parties define the selected Service Package, further (iii) Prices/Fee of the selected Service Package (iv) the acceptance of the present GTC and (v) data management policy. 1.2. The contract may enter into force in oral form or tacitly (in the latter case, if the Coworker uses the separated office space of the Loffice Coworking) (further: “oral contract”). In these cases the Coworker shall immediately hand over his documents and data necessary for his Identification upon the request of the Host. If this does not occur, the coworking contract shall automatically terminate. In case of an oral contract the Service Package of the Coworker is the LoFLEX package with the smallest term. 2. TERMINATION OF THE COWORKING CONTRACT 2.1. In case the coworking contract is entered into for a definitive period of time, the contract shall automatically be prolonged by the period as set forth in the Service Package with unchanged conditions, unless any of the parties terminates it in writing at least (15) fifteen days prior to its expiry. 2.2. In case the coworking contract is concluded for an indefinite period of time, each party may terminate the contractual relationship with a (30) thirty day ordinary notice to the end of the month. 2.3. The termination shall be an unilateral declaration, addressed to the other contracting party and sending it to his/her e-mail address, or sending it by registered mail to his/her corresponding address as indicated at the Identification. 3. CONTENT OF THE COWORKING SERVICE; TERMS 3.1. In respect of the Coworking Service the Specific Agreement (Coworker/Seat-tenant Data-sheet) and the present GCT shall apply. 3.2. The Coworking Service is rendered in the Loffice Coworking, which is equipped with the office installation of Loffice. 3.3. Loffice Coworking is open for 24 hours, but host service shall be available on working days, in opening hours only, as published in Loffice website. 3.4. Only the LoFIX package shall entitle for the unlimited use of Loffice Coworking (for 24 hours/day). The minimum term of the LoFIX package is 1 month. 3.5. The owners of the LoFLEX package may use the Coworking Service during the period of host service only. The use of the Coworking service deviating from the above is subject to a separate agreement and an additional fee. 3.6. Loffice shall provide basic services and equipment against the Fee of the Coworking Service as set forth in Points 3.6.1–3.6.9. below: 3.6.1. shared use of office space in the Loffice Coworking for (1) one person per one (1) Service Package, 3.6.2. broadband internet access, WIFI, 3.6.3. heating, cooling, water in the office, electricity, 3.6.4. cleaning, 3.6.5. office equipment, 3.6.6. modern designed environment, 3.6.8. reception service in opening hours on working days as defined on the website, 3.6.9. community programs. 3.7. Services against additional payment locker wardrobe up to the availability copying, printing coffee/tea in the coworking office other intermediated office services (e.g. typing, translation, program management) office use beyond the opening hours, including on week-ends for the owners of a LoFLEX package renting of conference room using of event room seat-host service The prices as defined on the website shall primarily apply regarding additional services, but the Parties may deviate from them, taking into consideration the relevant service. 3.8. The obligation of the Coworker using of Coworking Service: 3.8.1. The Coworker may use the Loffice Coworking exclusively for office purposes and may use its equipments and installation in line with their function; The Coworker shall compensate the damage, arising out of non-functional use. 3.8.2. (1) one Service Package entitles one (1) person at the same time for working; (The Coworker may nominate more persons, as users of the same Service Package, but each package entitles 1 person only to get use of the the Coworking Service at the same time) 3.8.3. by using internet, it is prohibited to download and/or upload illegal contents; 3.8.4. The Coworker shall inform Loffice or its representative about the change of its personal data, provided upon Identification; 3.8.5. The Coworker shall carry out its activity taking into consideration the working safety of other Coworkers and the rules of Loffice Coworking; 3.8.6. The Coworker, using a LoFIX package is obliged to safeguard the entry card and keys and shall take care that third parties shall not have access to it. In case the card or keys are lost or damaged, the Coworker shall notify Loffice without any delay in order to allow immediate locking of the card. Coworker should pay the amount of the deposit for the card and keys for Loffice. By using Loffice Coworking beyond daily opening hours, the Coworker shall act with due care. Upon leaving, the Coworker shall take care of professional locking (e.g. switching off electricity, closing the windows and doors). He/she shall be liable for damages arising out of his/her negligence. At the end of the coworking contract, the Coworker shall immediately give back its card and keys to Loffice. 3.8.7. The Coworker shall fulfil its contractual obligation (e.g. the payment of Fee, seat service fee, Security deposit, further leaving the office place at the end of opening hours). 3.8.8. The Coworker shall obey the house rules of the condominium Paulay Ede str. 55.
4. SEAT-HOST SERVICE AGREEMENTS 4.1 Content of seat-host services and their conditions 4.1.1. In respect of Other Services provided for a Coworker and/or a third person, Loffice and the service recipient shall conclude a specific contract, which define the type of such service. 4.1.2. The seat-host service is deemed as Other Service, which entitles the Coworker or other person, the Seat-tenant, concluding a seat-host agreement with Loffice, to use the address of Loffice Coworking, as their own business address, postal address and/or business seat against payment of a Seat-host service fee within the main terms and conditions as follows: 4.1.3. Entering into existence of the seat-host contract and its content In the Specific Agreement the Parties agree on the seat-host service. The minimum content of the seat-host contract is as follows: (i) Identification of the Seat-tenant, (ii) agreement in the Seat-host fee and (iii) acceptance of the terms of the present GTC. Loffice shall hand over to the Seat-tenant its declarations necessary for the notification of the registration court and other authorities about its seat at the address of Loffice Coworking, subject to the payment by the Seat-tenant of the first yearly seat-host service fee and the security deposit (can be found on the homepage of Loffice) and after depositing the declaration of the Seat-tenant, according to which Loffice shall be entitled to initiate the de-registration of the Seat-tenant’s seat from the address of Loffice Coworking, if the Seat-tenant does not take care of de-registration in due time in case of termination of the seat-host contract with Loffice. 4.1.4. In the frame of the seat-host service, Loffice provides the Seat-tenant with the following: ● it gives its declaration entitling the Seat-tenant to have its seat registered with the court of registration at the address of Loffice Coworking; ● it gives its consents to use Loffice Coworking as its postal address; ● it takes over the postal mails and other Post Consignments (further: “post consignments“) of the Seat-tenant as its representative subject to being authorized by the Seat-tenant in the respective authorization issued according to the post mandate form and should send the Seat-tenant a message about receiving the Post and legal documents required by law; ● it informs the Seat-tenant in an e-mail about taking over of post consignments and ; ● it provides a separate storage place for the Post Consignments (for 1 week from takeover, thereafter the Seat-tenant shall be obliged to collect the consignment); ● it displays the name of the firm on the outside wall facing the street. (The firm plate in the size as agreed with Loffice, shall be obtained by the Seat-tenant on his own cost); ● use of 2 hours coworking place/month. 4.1.5. Loffice does not inspect and control the content and the quality of the post consignments. In case of a “cash on delivery” post consignment, Loffice is not obliged to take over the delivery, but shall inform the Seat-tenant on this fact. If Loffice pays the fee of the cash on delivery, the Seat-tenant shall reimburse this amount in cash to the request of Loffice, within (2), i.e. two working days. 4.1.6. In the first year the Parties are not entitled to terminate the seat-host contract. After one (1) year seat-host service can be terminated within three (3) months by the end of the month. The Party shall notice the other Party in a written form at least three (3) month prior to the expiration date of the definite period, if the Party doesn’t wish to maintain the seat-host agreement. In lack of this notice the seat-host agreement will be automatically prolonged with a further definite period of one (1) year. The termination shall be an unilateral declaration, addressed to the other contracting party and sending it to his/her e-mail address, or sending it by registered mail to his/her corresponding address as indicated at the Identification. In case a Coworking Service contract and a seat-host contract are existing between the same Parties, the termination of one of the above contracts does not mean the termination of the other contract as well. The Parties shall expressly indicate which of the contracts entered into between them shall be terminated or whether such termination relates to both of the contracts. 4.1.7. In case of termination of the seathost contract, the Seat-tenant shall take care of collecting of its documents, mails and consignments stored with Loffice Coworking within (5) five working days and certify in a proper way that it has de-registered its seat from the address of Loffice Coworking. 4.1.8. The termination of Loffice shall be deemed to have been delivered on the fifth (5th) working day, if the termination was delivered to any of the addresses as indicated by Seat-tenant.
4.2. RENTING OF EVENT ROOM AND MEETING ROOM AND THE CONNECTING SERVICES 4.2.1. Loffice and the Room-tenants agree in price offer per e-mail or in Specific Agreements (in Event Data-sheet and/or Meeting room Data-sheet) on the specific terms of the Premises, i.e. the rental contracts regarding the event rooms and/or the meeting room, further the specific features of the rented Premises and the connected services, e.g. their installation, rental period, reception service, rental fee, catering. 4.2.2. In the issues not regulated in the Specific Agreements/Data-Sheets, the provisions of the present GTC shall apply as follows. 4.2.3. The Room-tenants shall use the Premises in line with their funcion and in accordance with the agreement of the Parties. They are obliged to preserve their condition and at the end of the rental period to empty the Premises from their own objects and to give the Premises back to Loffice in their original state. Loffice shall not be liable for the non- delivered objects of the Room-tenants. 4.2.4. The Room-tenant shall, to the request of Loffice, immediately compensate Loffice for damages, arising out of the non-contractual or non-functional use of Premises, irrespectively if the damage was caused by the Room-tenant itself or any of the participants on the event. 4.2.5. The Room-tenant is not entitled to sublease the Premises and to let enter third persons into the Premises, except for its own guests and partners. 4.2.6. Loffice shall not be liable for the objects of the Room-tenant, which were placed by the Room-tenant in the Premises. 4.2.7. The Room-tenant shall be aware of the fact, that in the Loffice building, including the Premises, smoking and making open fire, are prohibited. The courtyard of the Loffice building is the territory, where smoking is permitted. 4.2.8. Room-tenant can confirm the lease in written form via email. Loffice considers email feedback as an official reservation. 4.2.9. The Room-tenant shall transfer the rental and service fee to the bank account of Loffice in one amount and by the time, as was agreed in the Specific Agreement. 4.2.10. In case the Room-tenant cancels to rent in respect of the event location or the catering service, as concluded in line with section 4.2.1 above, within (14) fourteen days from the starting date of the event, for any reason whatsover, it shall pay a frustration penalty in the amount of 50% of the rental fee. In case of a cancellation within (7) seven days from the starting date of the event, the Room-tenant shall pay 100% of the rental fee. 4.2.11. The Room-tenant shall be aware of the fact, that Loffice can cancel the booking without specific justification within (14) fourteen days from the starting date of the event without any reason and without securing an other room with an unilateral declaration. 4.2.12. By accepting the price quotation sent via email or by signing the Specific Agreement Room-tenant contributes to showcase the company’s brand name on Loffice’s prevailing website as a reference.
5. PAYMENT OF FEES, RENTAL FEES AND PRICES; FULFILLMENT OF THE PAYMENT OBLIGATION 5.1 The Fee and the seat-host fee shall be paid in advance, due to the payment deadline can be found on the invoice of Loffice. In case a contract did not enter into force on the first day of the month, the contracting party shall pay the Fee (Price) falling on the partial month calculated until the first day of the following month, and thereafter in every month the Fee and/Price shall be calculated and invoiced by Loffice to the contracting party from the 1st (first) day until the last day of the relevant month. 5.2. Regarding the rental of the Premises (Conference room and Meeting room), after the acception of the offer and before the event Loffice issues a prepayment request of the space rental fee which must be payed off by Room-tenant until ten (5) five prior to the event until bank closure with the presentation of the transaction certificate towards Loffice. The amount of the prepayment request is the 50% of the accepted offer fees. In case the prepayment request is not payed off until the day before the event i) Room-tenant is obliged to compensate the amount of the prepayment request towards Loffice before the day of the event according to prior consultation in cash or bank-card at the venue or ii) Loffice can cancel the booking without specific justification and claim the rental fee from the Room-tenant. Based on specific agreement Loffice refrains the prepayment request. The final bill will be issued after the event based on the prepayment requests and depending on the actual use of the services. In case Room-tenant arrives earlier or leaves later than agreed, Loffice increase the amount of the final bill according to the prices as defined on the website. 5.3. The currently valid Prices/Fees, which are are published on the website by Loffice, are net amounts, after which VAT shall be paid. 5.4. Any payment obligation of Parties under any Contract shall be deemed to have been fulfilled, if its amount is credited on the bank account of Loffice. 5.5. In case any of the contracting parties is in delay with its payment obligation, it shall pay the delay statutory interest to Loffice for the whole period of its delay. 6. SECURITY DEPOSIT 6.1. The Coworker having LoFIX package shall pay to Loffice a Security Deposit can be found on the homepage of Loffice on conclusion of the coworking contract. The Seat-tenant shall pay to Loffice a Security Deposit can be found on the homepage of Loffice on conclusion of the seat-host contract. 6.2. The Security Deposit shall serve as security for the fulfilment of any and all obligations of the contracting party. In case the contracting party breaches any of its contractual obligations and fails to cure such breach within five (5) days of the date of receipt of Loffice’s written notice, Loffice shall be entitled to seek direct satisfaction from the Security Deposit. 6.3. Should the amount of the Security Deposit fall below the original amount of the Security Deposit, the contracting party shall be obliged to supplement the Security Deposit to the original amount. 6.4. In the event of the termination of the contractual relationship, Loffice shall repay the not used amount of the Security Deposit to the contracting party within thirty (30) days. 6.5. The amount of Security Deposit shall be placed on a deposit account. In case account management fees are charged by the depository bank, such fee and the bank operation risk shall be borne by the contracting party of Loffice. No interest shall be due after the Security Deposit. 7. EXTRAORDINARY TERMINATION Loffice shall be entitled to terminate any contract with Coworkers or relating to Other Services with immediate effect in the following cases: ● in case of delay with the payment of the Fee and/or the seat-host service fee, or any other contractual payment obligation of the party subject to non fulfilment of such payment obligation within eight (8) days from Loffice’s written demand; further ● in case the Security Deposit is not paid by the contracting party within five (5) working days from the date of the execution of the relevant contract; further ● in case a bankruptcy, liquidation or voluntary dissolution process was initiated against the contracting party. 8. LIMITATION OF LIABILITY 8.1. Loffice shall not be liable for any damage or loss of the objects, documents of the contracting party kept on the territory of Lofficebuilding, except such damage has been caused by Loffice intentionally or by gross negligence; 8.2. Loffice supports the contracting parties, if they wish to obtain property insurance in respect of their property being in Loffice Coworking or liability insurance for potential damages caused to third person by its personnel staying in Loffice Coworking. 8.3. In respect of the quality and potential interruption of internet service and public utility services, the liability for such deficiencies of Loffice is limited to the liability which was undertaken and assumed by the internet and utility service providers against Loffice. 8.4. Loffice shall not be liable for the deficiency of Coworking and/or Other Services, except the deficiency is attributable to the intentional behavior or gross negligence of Loffice. 8.5. Coworker acknowledges that in exceptional cases limitations in the Coworking Services may occur, when a workshop or exhibition is organised by Loffice. In such cases Loffice shall inform the Coworker at least 24 hours in advance and, if possible, provides an alternative work station for the Coworker. 9. NOTICES 9.1. Any information and notice of Loffice sent to the e-mail of the contracting party as indicated among the data of Identification and/or the Specific Agreement/Data-sheet shall have full legal effect. 9.2. In case the notice was made to the contracting party by registered post, the notice shall be deemed to have been delivered on the fifth (5th) day following the date of the attempt of service in case the service was not successful but is returned for reasons, including but not limited to, “the mail was not picked up by the addressee”, “moved away” “address unknown”, “refused taking the delivery” or any other indication of similar content. 10. CONFIDENTIALITY, DATA HANDLING 10.1. The parties undertake to keep strictly all personal, business, financial information they obtained during the term of their contractual relationship relating to Coworking and/or Other Services. The parties are bound to confidentiality obligation even after termination of their contractual relationship. 10.2. Loffice shall manage the data obtained from the Coworkers, the Seat-tenants and other contractual parties in connection with the Identification in accordance with the applicable legal regulations for the purpose of rendering the services as ordered by the respective person. Detailed regulations are contained in the Data Protection Policy by laws of Loffice published on its website: http://budapest.lofficecoworking.com/data-management 10.3. The Coworker, the Seat-Tenant and any other Contracting Party residing in the spaces of Loffice voluntarily, unconditionally and expressly agrees to make images (photo or video) and/or voice recordings of them in Loffice’s spaces when appropriate. 11. LANGUAGE The present GTC have been prepared in Hungarian and English. In case of any discrepancies between the Hungarian and the English language versions, the Hungarian version shall prevail. 12. GOVERNING LAW, DISPUTE RESOLUTION 12.1. For contractual relationship entered into by and between Loffice and its contractual parties relating to the Coworking, the seat-host and Other Services the present GTC and, in second row, the Hungarian Civil Code shall apply. 12.2. For decision of any and all disputes arising out of and in connection with contractual relationship entered into by and between Loffice and its contractual parties relating to Coworking Services, seat-host service and Other Services, the Buda Central District Court shall have the exclusive jurisdiction. 13. MISCELLANEOUS PROVISIONS 13.1. If one of the provisions of the contract entered between the Parties is invalid or becomes invalid it does not affect the validity of the whole agreement. In this case Parties are obliged to replace the invalid part as soon as possible, but within thirty (30) days with a valid provision that suits their transactional will and economic aim the most. 13.2. The amendment of the contract entered between the Parties is valid only in written form with the signature of the prevailing representatives of the Parties. 13.3. Parties expressly agree that any notification sent to the other party to the email address contained in the agreement is considered as written form. If the amendment of the agreement is based on the email communication considered as written form by the Parties, it is valid if (i) one of the parties sent the proposal for amendment to the other party’s email address contained in the agreement and (ii) the receiving party accepts the proposal in at least in the same form. 13.4. The notifications and proposals sent via email communication are considered to be delivered on the 4th (fourth) day after sending the email. 13.5. If the email communication contains a notification based on the agreement and not a quotation than the provisions contained in the notification are considered accepted if the receiving party does not make a contrary statement at least in the same form within 10 (ten) days after sending the email concerned. 13.6. In case of any dispute arises in connection with the Agreement the Parties will attempt to settle it in good faith. 2019, Budapest