General terms and conditions
General Terms and Conditions Easystart
Coworking space Easystart Rotterdam is a coworking community, located at Overwegwachter 4, 3034KG Rotterdam (the Netherlands), registered in the trade register of the Chamber of Commerce under number 71682007.
Member is a customer or coworker of Easystart who has signed a contract for one of the services.
CONSIDERING THE FOLLOWING
- Service provider provides company accommodation, custom workspace, related services and additional services such as rental of meeting and presentation rooms;
- Member is a legal form that is interested in business accommodation, tailor-made workspace and related services for business activities. Member participates in the coworking community of Service Provider;
- Service provider takes care of the management of the space, the management of the mail processing and the management of the administration concerning this service for the Member;
Terms of membership Coworking Community Easystart
Service provider: Easystart Rotterdam BV and / or it’s associated firms;
User: the counterparty of service provider which has signed a contract for one of the services of the service provider
Article 1 – Agreement
1.1 This agreement applies to all requests, offers, promotions, assignments, assignment confirmations, agreements and other legal actions which relate to the creation or execution of the agreement, also in case the services are not (speicified) in these terms and conditions. Service provider offers business accommodation, ‘tailor-made’ workspace and related services to companies and freelancers for business use. Member is an entrepreneur who wants to carry out his work at Service Provider’s location.
1.2 A single agreement is concluded for each company, you can also include several companies in one contract, provided that it has the same owner or director. In this case, we can offer a combination price because we only need to have one customer administration and customer file for you. You will therefore receive only one invoice.
1.3. An organization is represented to Easystart Rotterdam by one or more individuals or employees.
1.4. Coworking at Easystart Rotterdam is always linked to a company or company (s) explicitly mentioned in an agreement, coworking is not transferable.
1.5. Easystart relies on its contractual freedom to refuse companies or entrepreneurs for its services. Reasons for this include, but are not limited to; Business activities are not permitted at the location, risk branches, risky activities, possible integrity risks, possible violation of legal provisions, business activities are subject to licensing, creditworthiness or negative media.
1.6 In case member has (un)willingly failed to mention any of the aforementioned, service provider is legally within it’s right to terminate the agreement in full and / or in part, without being subject to damages. Member can be required to pay for administrative damages of service provider, as is written in article 8 and article 16 of the general terms and conditions.
Article 2 – Duration
2.1 These agreements generally last one (1) year from the date of signature of the agreement and will be extended by automatic renewal each time without prior written notice for a period of one (1) year.
2.2 Termination of these agreements during the period of the agreement is possible with due consideration of the notice period of one (1) calendar month. This means that the next calendar month is the last billable month.
2.3. Easystart only works with full calendar months for the subscription duration.
2.4. Coworking starts after payment of the contribution, on the agreed date in the contract, and applies for the duration as specified in the contract. The agreement can be dissolved without payment.
2.5. In case of prepayment of a certain period, the agreement can not be terminated prematurely. Upon termination, the agreement ends after the last period to which the Member is entitled. Termination must take place at the latest, one calendar month before the last term.
Article 3 – Packages
3.1 Member becomes a coworker at Easystart Rotterdam B.V. This membership is based on sharing the workspace.
3.2. Member uses the space (s) rented by him exclusively as office space (s). The rules of procedure apply.
3.3. Membership entitles the Member to the business space located at Overwegwachter 4, 3034KG in Rotterdam, for the sustainable performance of its business activities. The packages entitle you to;
Package A: ” Registration address ” using the coworking space for an additional fee of € 20 per part of the day.
Package B: ” Flexwork 8 hour a week.*
Package C: ” Flexwork unlimited ” 24/7 access and use of the coworking space.*
*This right is not transferable and only valid for one main renter per agreement.
Article 4 – Contributions
4.1 The basic costs of the membership package A are EUR 59 per month excluding 21% VAT. Package B € 79 per month and package C € 179 per month.
– Scanning of your mail is included with all packages.
– Costs for the physical forwarding of mail amount to € 9 per month, including a maximum of € 2.50 postage per week.
– Costs for an additional virtual telephone number are € 7 per month, unless it is included in a package.
4.2 For additional (postage) costs for services that have been paid extra during the period of this agreement, a separate bill will be sent periodically.
4.3 Membership fees must be paid to the Service Provider by the Member in good time, no later than the last day of the month, in accordance with the General Terms and Conditions.
4.4. Easystart is not obliged to return prepaid contributions when the Member no longer wishes to make use of the services.
4.5. Management of Easystart Rotterdam has the right to change the level of the contribution in individual cases.
4.6 Easystart reserves the right to entrepreneurs to make an offer, in such a case the offer expires within 4 weeks after the offer, unless otherwise stated.
4.7. All prices of advertisements stated by Easystart, on its website, in its communication, or in official offers are exclusive of VAT, unless stated otherwise
Article 5 – Registration at the Chamber of Commerce and post processing
5.1 All mail is received by the Service Provider and delivered to the Member in accordance with the agreement.
5.2 Post can be scanned and sent in electronic format; for this Coworker grants permission to Easystart Rotterdam to open and scan the mail.
● This service is free for normal mail traffic, as well as the collection of mail by Coworker.
● Post can also be physically forwarded optionally; for this service there are additional costs of 9 euros per month (including a maximum of € 2.50 per week postage costs).
● When terminating membership, Easystart Rotterdam takes no responsibility for changing your postal address, and is therefore not responsible for forwarding mail. Received post will be sent ‘return sender’ after contract date.
● Scanned mail will always be safely shredded within 2 weeks after scanning. Original documents, bank cards and notary deeds will be stored and forwarded to user.
Article 6 – Relocation
6.1 Service provider offers its services from its primary location in Rotterdam. If the Service Provider moves within Rotterdam to a comparable or better location, the Member gives permission at the signing of this agreement to automatically move to the new location.
6.2 Service provider will notice Member at least three (3) months before the move about the planned move.
6.3 If the Member does not wish to move to a comparable or better location, the Member can terminate the contract with due observance of the notice period of one (1) month
Article 7 – Termination of the contract
7.1. Service Provider has the right to terminate this agreement immediately, fully or partially, by written declaration, without a court ruling and with immediate effect, if Service provider suspects Member:
- Violates, the agreements made, including the timely payment of agreed compensation (s), compliance with the General Terms and Conditions, co-operation with lawfull compliance checks or household instructions;
- provided incorrect information;
- carries out criminal or unethical activities;
- Incasso problems are not timely reported to service provider and adequately dealt with
- Causes disturbances or damages to service provider or it’s clients by usage of the service, including actions or statements that could lead to reputation damages of service provider
7.2 Easystart is entitled to stop all services if the Member lags behind with payments 30 days or more. This is also called “service stop”.
7.3. Easystart is entitled to transfer repeatedly followed up, unpaid invoices to a debt collection agency such as DAS Incasso. Service provider has the right to, without providing an official reason, suspend, block or limit the services of user, if there is a suspicion of misuse of abuse, without incurring liability.
7.4 If there is one or more of the cases as described in paragraph 1 of this Article, the Service Provider is also entitled to request the Trade Register of the Chamber of Commerce to deregister the Member from the Trade Register or to carry out an investigation into the Member.
Article 8 – Cancellation of membership
8.1 Upon termination of the membership, the responsibility of the Service Provider ends for the care of the post of the Member.
8.2 Upon termination of this agreement, Member must immediately ensure correct change of address and deregistration in the trade register of the Chamber of Commerce.
8.3 In the event that paragraph 2 of this Article does not apply within two weeks after termination of this agreement by the Member, the Service Provider has the right to charge EUR (€) 50, – administration costs per week to the Member. In addition, the Service Provider is entitled to request the Commercial Register of the Chamber of Commerce to deregister the Member from the Trade Register or to conduct an investigation into the Member.
Article 9 – Legal obligations, KYC and compliance
9.1. Easystart Office is obliged to adhere to the guidelines of the Wwft, and in this context it can request documents from the customer, including but not limited to; a valid identity document, additional identity documents, a recent proof of (private) residential address, a recent statement, a notary deed, an identification payment or UBO statement.
9.2. Member must cooperate in (periodic) compliance checks necessary by Dutch (AML) Law.
9.3. Member must also pass changes made by Member to the Chamber of Commerce to the Service Provider. This includes: Adjustments in (trade) names, company structure, partners (VoF), sizes (Partnership), directors, supervisory directors, liquidators and any shareholders (BV), authorized persons or authorized representatives,
9.4. Changes or cancellations of responsible persons must be communicated to Easystart Rotterdam within 10 days.
Article 10 – Services
10.1 The Service Provider supplies and is responsible for the following matters: power supply, heat supply, water supply, cleaning and internet provision.
10.2 In addition, the Service Provider shall ensure the availability of suitable workstations for the performance of office work by the Member.
10.3 Coworking in Easystart Rotterdam has various packages and these can be adapted and changed from time to time. In individual cases, management can offer an agreement adapted to the individual needs of a Coworker.
10.4 Coworkers may also use the other coworking spaces affiliated with Easystart on the same basis as Easystart. Costs for this differ per location and will be passed on in advance. Costs will be charged in the same way as for the use of Easystart Rotterdam.
These locations are currently;
Easystart Office Amsterdam
Easystart Office Rotterdam
Article 11 – Fair use policy
11.1 For occasional business printing, a common printer / scanner / copier is available with a fair-use policy.
Article 12 – Inventory
12.1 In prior consultation with the Service Provider, the possibility exists for the Member to leave furniture and related “items” of the Member in the office space (s) during the working week.
12.2 The provisions of paragraph 1 of this Article are at Member’s own risk. Service provider can not be held liable for theft or damage.
12.3 No structural changes may be made by the Member without the prior written consent of the Service Provider. The placement of outdoor advertising is regarded as an architectural change.
Article 13 – Reporting Incasso problems
13.1 The Member must, in writing and immediately notify the Service Provider if one or more of these items apply to the Member:
- Member currently has current tax debts;
- Member must pay debts to the Central Judicial Collection Agency (CJIB);
- There are one or more collection procedures or collection procedures against the Member;
- Member is in a position of suspension of payment or goes bankrupt.
13.2 The Member’s written notification must be made by sending an e-mail to the following e-mail address: [email protected]
13.3 If the Member fails to comply with paragraphs 1 and 2 of this Article, the Service Provider is entitled to recover the administration and administrative costs incurred by the Service Provider directly from the Member with a minimum of EUR (€) 500 plus 21% VAT.
14.1 Easystart Rotterdam is careful with the information provided by Coworkers. The data will not be provided to third parties without permission from Coworkers except in the following cases:
- fight against fraud;
● on request to justice or other government organizations.
For the latest version of our privacy conditions, you can consult this link:
Article 15 – Liability
15.1 Any shortcoming in the fulfillment of the obligations of the User gives the Service provider the right to oblige the User to immediately complete or partial rectification of the shortcoming and / or consequences thereof, at the expense and risk of the User.
The User is liable for all damage suffered by the Service provider, regardless of whether that damage was caused by a failure to comply with the obligations of the User or as a result of any other acts or omissions on the part of the User or its staff or third parties engaged by it. , insofar as this is related to (the execution of) the Agreement.
User’s liability relates to both direct and indirect damage and consequential damage. This includes in any case (but not exclusively) business damage, damage to materials, personal property of the Service provider and judicial and extrajudicial costs.
15.2 The User must indemnify the Service provider, its personnel and persons acting on behalf of the Service provider or a related company against all claims, liabilities, damage, costs, loss and other financial disadvantages as a result of:
- the customer, staff of the customer, third parties who let the customer into the building;
- fines imposed on the Service provider for negligence or behaviour of the customer;
- damage to goods or persons of third parties / third party liabilities;
- the customer must take out adequate insurance against this.
15.3 The Service provider is not liable for damage caused to the person or goods of the customer or third parties due to visible or invisible defects in the space, complex or building or due to weather conditions, gas, water and light facilities or other unexpected events.
15.4. The Service provider is not responsible for damage due to force majeure in not being able to reach the space, except in the case of serious negligence on the part of the Service provider. The Service provider is not liable for business damage to the customer as a result of the activities or accessibility of the Service provider. The Service provider cannot be held liable or recovered from costs for errors caused by employees of the Service provider.
15.5. If the Service provider cannot offer its services for any reason, the liability is limited to repaying the membership fees. The Service provider is not liable for loss of turnover, loss of profit or other consequences in the business operations of its members.
15.6. The customer is responsible for loss or damage of data, claims of third parties or consequential damage. The customer must insure against such losses, damage, costs or claims.
15.7. Costs incurred by the Service provider, insofar as these are caused by the negligence of the User, will be charged to the User. These costs are immediately due and payable. By agreeing to the contract, Coworker also declares to agree to these General Terms and Conditions.
Article 16 – Other provisions
16.1 The customer can never rely on eviction protection
16.2 The Service provider is entitled to transfer its rights and obligations under this agreement to third parties.
16.3 If the customer hires a staff member of the Service provider, this 6-month salary of the employee in question is payable to the Service provider to compensate the recruitment.
16.4 If one or more provisions of these General Terms and Conditions are found to be void, destroyed or otherwise lose their legal validity, the Service provider has the right to replace this provision and the other provisions will remain in force as much as possible.
16.5 Deviation from and supplement to these General Terms and Conditions are only valid if they have been expressly agreed in writing
This edition of the General Terms and Conditions is valid from 1th March 2020.
These general terms and conditions have been drafted by Lwzjuristen