PUBLIC AGREEMENT (PUBLIC OFFER)
ON PROVIDING COWORKING SERVICES
City of Kyiv, revision of July 09, 2021
PUBLIC AGREEMENT (PUBLIC OFFER)
ON PROVIDING COWORKING SERVICES
City of Kyiv, revision of July 09, 2021
Individual entrepreneur Lokshyna Olena Stepanivna (single tax payer, group 3), which is entered in the Unified State Register of Legal Entities and Individual Entrepreneurs on State Registration Entry No. 20720000000024156 dated 18.10.2010 (hereinafter "Contractor"), guided by articles 633, 634 of the Civil Code of Ukraine (hereinafter-the "Civil Code"), offers to unlimited number of persons (legal entities, individuals, self-employed persons and individual entrepreneurs, in particular, non-residents of Ukraine) (hereinafter -"Customer") receive the services provided for in this Public Agreement (Public Offer) for the provision of co-working space services (hereinafter referred to as the "Agreement") in accordance with the procedure and conditions defined below.
1. LEGAL REASONING FOR CONCLUDING A CONTRACT
This Agreement is mixed and includes elements of the Agreement of joining, services, lease and public Agreement, the procedure for concluding which is regulated by articles 633, 641, 642 of the Civil Code.
The Customer cannot offer their own terms and conditions, but can only join the proposed Agreement. The Contractor undertakes to provide the services specified in this Agreement to everyone who has joined this Agreement.
The Agreement and its terms are considered to be an offer of the Contractor, which is confirmed by the placement of the Agreement and its appendices on the Contractor's website http://andwork.pro (hereinafter referred to as the"site"). In addition, the Agreement and its appendices are in printed form at the reception of the co-working space administrator, and can also be provided separately at the request of the Contractor.
This Agreement is concluded by the Customer's acceptance of this public offer (with appendices) containing all the essential terms of the Agreement, without signing a written copy of it by the parties. The moment of acceptance of a public offer is considered to be the moment when the Customer signed the application for joining (appendix № 4 to the Agreement for residents of Ukraine / appendix № 5 for non-residents of Ukraine) or actually started using the services under the Agreement (without signing the application for joining), or made payment for the services, depending on which event occurred first. By entering into this Agreement, the Customer confirms that he has read its terms and conditions, that they are clear to him, that he agrees with them and consciously, without compulsion, enters into this Agreement.
In the application for joining, the parties may specify the essential terms of the Agreement (the chosen location, the cost of services, etc.), as well as other special terms agreed by the parties, which are a priority relative to the general terms set out in the Agreement.
The Contractor has the right to unilaterally change this Agreement, in particular, the structure, terms, procedure for providing services and prices for services. Changes take effect from the moment the new text is published on the site, unless a different (later) effective date of the changes is specified by the Contractor. The Customer tracks such changes independently.
By entering into this Agreement, each party guarantees to the other party that it has the necessary legal capacity, has all the rights and powers to conclude and execute this Agreement.
The place of conclusion of the Agreement and provision of services is the territory of the coworking space.
2. TERMS USED IN THE AGREEMENT
Parties - The Contractor and the Customer when mentioned together, or the "party" when mentioned separately from each other.
Co-working space territory – this is the premises of the creative workshop, defined in Appendix No. 2 to the Agreement, located at the address: Ukraine, 04116, c. Kyiv, 26, Pobedy Avenue, 5th floor, office 128.
Location - this is a certain place on the territory of a coworking space with the corresponding number of jobs and a list of services provided by the Contractor to the Customer, which is selected by the Customer in accordance with appendix No. 1 to the Agreement.
Workplace - a place located in the appropriate location, equipped with a table and chair (chair), wireless internet access, at least one 220 volt outlet, designed for one person.
Co-working space services, co-working space, services - these are services that consist in granting the Contractor to the Customer and/or its assigned Users the right, for a certain period of time for a fee, to stay on the territory of the coworking space within the location chosen by the Customer and use its arrangement (furniture, office equipment, etc.), as well as common areas, in particular, means, objects, furniture that they are equipped with according to the list of services provided by the corresponding location chosen by the Customer (Appendix No. 1 to the Agreement).
Common areas – the part of the premises that includes zones No. 1,2,3,4 marked on the plan of the co-working space according to Appendix No. 2 to the Agreement is intended for general use by the Customer / Users.
Card - a plastic card that provides access to the territory of the coworking space, which is provided by the Contractor to the Customer in the number of Users in accordance with the selected location.
User - an individual, in particular, an individual entrepreneur (including those appointed by the Customer) who has the right to use coworking services in accordance with the Agreement.
Rules for using the territory of a coworking space – these are mandatory rules of performing for the Customer / Users during their stay on the territory of the coworking space, set out in Appendix No. 3 to the Agreement.
Co-working space administrator - a person who organizes coworking activities, promotes User interaction, and monitors the implementation of general rules of behavior on the territory of the coworking space.
Working hours of the co-working area - from 09 O'clock. 00 min. up to 21 hours. 00 min. Monday to Friday without breaks, Saturday and Sunday are days off. Working hours may be changed by the Contractor, as information is posted on the site.
3. SUBJECT OF THE AGREEMENT
3.1. Under this Agreement, the Contractor undertakes to provide the Customer and its designated Users with co-working space services on the terms and in accordance with the procedure provided for in the Agreement, and the Customer undertakes to pay for the Contractor's services in a timely manner.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1. For services under this Agreement, the Customer pays the Contractor the amount according to the current tariffs of the Contractor and the selected location, which are defined in Appendix No. 1 to the Agreement.
4.2. The cost of services is paid by the Customer by prepayment in cash or non-cash to the Contractor's account specified in this Agreement or in the invoice (if any). Payment is made in the national currency of Ukraine – Hryvnia, and non-residents, in the currency specified in the application for joining.
4.3. In the case of payments under the Agreement in non-cash form, the moment of payment is considered to be the moment when funds are credited to the Contractor's current account.
4.4. In the case of payments under the Agreement in cash, the moment of payment is considered to be the moment when the Contractor actually receives funds.
4.5. If the Customer has paid for the services after the date when the coworking services should have started to be provided, the Contractor has the right by its own decision: either accept the payment for the services, and the total period for the provision of services is calculated from the day when such coworking services should have been paid, or return the payment for the services and refuse the Customer to provide the coworking services, unless the parties agree otherwise.
4.6. Services paid for but not used within the established time frame through no fault of the Contractor are considered rendered. Their cost will not be refunded unless the Contractor makes a different decision. The Customer recognizes and understands that the Contractor, when providing services to the Customer, reserves the necessary number of jobs, which are not provided to third parties during the period of providing services.
4.7. In case of non-payment of services by the Customer in accordance with the procedure established by this section, the Contractor does not have an obligation to provide services to the Customer, unless it makes a different decision.
4.8. If the term of service provision is equal to one calendar month / week, and services under the Agreement begin to be provided in the middle of the month / week, the Contractor can calculate the cost of services in proportion to the number of days in such an incomplete calendar month / week, and the term of service provision in an incomplete calendar month / week will be equal to the number of days during which the services are actually provided. If the amount of the cost of services for an incomplete calendar month / week specified in the Agreement / application for joining, the terms of the Agreement / application for joining apply to such an incomplete calendar month / week.
4.9. The parties Round the value of the service fee in the corresponding period to the nearest integer according to the following rule: if after the comma the value of the cost of services is greater than or equal to “n,50” (where “n” is any last integer to the comma), then the cost of services after the comma is rounded to the next integer in the direction of increase, and if after the comma the value of services is less than “n,50” (where “n” is any last integer to the comma), then the cost of services after the comma is rounded to the previous integer in the direction of decrease.
4.10. In order to ensure that the Customer fulfills its obligations regarding the payment of the stipulated payments and/or compensation for losses, the Contractor may establish a guarantee payment, which is paid by the Customer in the amount agreed by the parties, in particular, in the application for joining (hereinafter referred to as the "guarantee amount").
The Contractor has the right to set off the guarantee amount in full or in part to repay the amount of the Customer's debt to the Contractor for any monetary obligation as a result of the Customer's violation of the terms of the Agreement.
If the Contractor credits part of the guarantee amount to the repayment of the Customer's debt under the Agreement, which led to a decrease in the guarantee amount, the Customer is obliged to replenish the guarantee amount before it reaches the amount agreed by the parties at the beginning of the provision of services within two banking days from the date of receipt of the relevant claim from the Contractor. The guarantee amount is returned to the Customer within twenty banking days from the date of termination of the Agreement in the amount of its unused part, except in cases of termination of the Agreement on the grounds of violation by the Customer of the terms of the Agreement.
4.11.The cost of services under the Agreement can be changed by the Contractor unilaterally by publishing new prices on the site. At the same time, paid services are provided at the prices that were in effect at the time of their payment.
5. PROCEDURE FOR PROVIDING COWORKING SERVICES
5.1. Ordering co-working space services is carried out by notifying the Contractor of its intention to use the co-working space service and/or paying for the selected location in full, unless otherwise follows from the application for joining. The Customer's request to the Contractor for the provision of co-working space services may be made orally or in writing, in particular, by means of telecommunications or electronic communication.
5.2. Access to the co-working space is determined based on availability. If there are not enough available places on the territory of the coworking space to provide the Customer with coworking services within the location chosen by the Customer, or if the Contractor is unable to provide coworking services for other reasons beyond its control, the Contractor informs the Customer immediately after establishing this fact. In this case, the Customer can change the order or cancel it, or, with the Contractor's consent, postpone it for a future period. If the Customer has already paid for the provision of coworking services, the Customer pays the difference between the amount paid and the amount to be paid for the changed order, if the new co-working service chosen by the Customer is more expensive than the paid one, which the Contractor cannot provide to the Customer, or if the new co-working service chosen by the Customer is cheaper than the one that the Contractor cannot provide to the Customer, the excess funds paid by the Customer are returned to him by the Contractor. If the Customer refuses the co-working space service on the above grounds, the Contractor, at the request of the Customer, returns to him the paid funds for services that the Contractor cannot provide.
5.3. At the first visit to the territory of the coworking space, the Customer provides copies and the original (for reconciliation) of the passport, certificates (cards) on assigning an individual tax number (at the request of the Contractor), an extract from the unified state register (for business entities), and their contact details at the reception. If the data provided by the Customer changes, the Customer undertakes to notify the Contractor of such changes and provide new data within two business days.
5.4. The Customer can assign Users of the services, in particular, when ordering a location for two or more individuals. In this case, the Customer must provide the Contractor with User data that will allow them to be identified. If the Customer wants to change or add new Users, they must notify the Contractor in advance.
5.5. Coworking services are provided within business hours of the coworking area.
5.6. Co-working space services begin to be provided from the moment of conclusion of the Agreement and full payment, or from another moment by Agreement of the parties.
5.7. The workplace (co-working space) must be vacated no later than the end of the paid time. Otherwise, further stay of the Customer / Users on the territory of the coworking space is charged for an hourly fee equal to UAH 45.00 for each hour of stay of the Customer / each of the Users on the territory of the coworking space.
If the Customer has not vacated the territory of the coworking space at the end of the paid time of stay and has paid for the next period of service provision, the parties consider that the next period of service provision of the coworking space begins automatically after the end of the previous one. At the same time, the Contractor reserves the right to return the paid cost of the next provision of services to the Customer within one day from the date of receipt of funds (less the time used), which means that the Contractor refuses to agree on the extension of the service provision period.
5.8. Regardless of the chosen location, within the paid period, the Customer / Users have the right to use common areas and their equipment (furniture, coffee maker, napkins, towels, drinking water, coffee, tea, sweets, etc.). The equipment of common areas is chosen by the Contractor independently and changed at the Contractor's own discretion.
5.9. The Contractor ensures regular cleaning of the territory of the coworking space, constant availability of internet access via wireless Wi-Fi, constant availability of electricity, maintaining the temperature regime, serviceability of the air conditioning system, existing equipment, equipment located on the territory of the coworking space and within a reasonable time eliminates possible shortcomings that may arise.
5.10. The Contractor has the right to change the working hours of the territory of the coworking space as a whole or its individual premises, as well as partially or completely restrict access to them to the Customer / Users in case of need for technical or sanitary-hygienic measures, etc., which the Customer is notified of at least eight hours before they are held, by posting information in the reception area of the coworking space and/or on the site. At the same time, the period of provision of services under this Agreement is extended for the corresponding period, during which the Contractor restricted access to the territory of the coworking space.
5.11. The Contractor can at any time replace the workplace allocated to the User with another workplace within the territory of the coworking space and in accordance with the services provided by the location chosen by the Customer.
5.12. No equipment, equipment or other property, which is an integral part of the services or is located on the territory of a coworking space and does not belong to the Customer, but which can be used by the User in accordance with the selected location, is not transferred to the User under the act of acceptance and transfer, and cannot be moved by the User outside the service area (corresponding location). After the termination of the provision of coworking services, the equipment, equipment and other property (furniture, appliances, etc.) that the location and common areas are equipped with must remain in the place and in the condition in which they were at the time of the start of the provision of services.
If the fact of removal of property from the territory of the coworking space is revealed by the Customer / User without the prior written consent of the Contractor, regardless of the purpose, if such property is not returned within four hours from the moment of its removal back to the territory of the coworking space, the Customer undertakes to reimburse the full value of such property.
5.13. The Customer does not have the right to transfer to a third party its rights that are granted to it by the Agreement.
The Customer is obliged to comply with and ensure that Users comply with the rules of conduct on the territory of the coworking space, the norms of current legislation, including regarding behavior in public places, fire safety requirements, sanitary and hygienic and other requirements and rules established by current legislation, as well as not to interfere with the use of coworking services to third parties, in particular, other Customers / Users.
5.14. In order to provide access to the territory of the coworking space, the Contractor may provide the Customer and Users with cards or other means of identifying the Customer / Users.
The Customer and Users do not have the right to transfer the card to third parties without the written consent of the Contractor. In order to prevent the card from being used by third parties, the Contractor has the right to identify the User using a document confirming the User's identity for comparison with the information in the Agreement, take photos of the User and put a photo image of the User on the card.
In case of loss or non-return to the Contractor of the card (including cards issued to Users appointed by the Customer) on the day of the end of the service provision period, the Customer reimburses the Contractor for its (their) cost in the amount of UAH 200.00 for each card.
5.15. The Contractor has the right to regularly, at its sole discretion, conduct checks for compliance by the Customer / Users with the terms of the Agreement.
5.16. In case of failure of equipment located on the territory of the coworking space, the Customer immediately informs the Contractor about this independently or through the User.
5.17.Upon provision of services for each paid period, if the Customer does not receive claims in writing before the end of the service provision period, the services are considered to have been provided in full and of proper quality, further claims of the Customer in this regard are not considered by the Contractor.
6. SPECIAL CONDITIONS
6.1. Video surveillance can be provided on the territory of the co-working space.
6.2. Property (equipment, computer and other equipment, furniture, etc.) located on the territory of the coworking space must be used by the Customer / Users in accordance with technical requirements and restrictions.
Office supplies and other materials, electricity, water, and other material resources that are provided together with the provision of services under this Agreement must be used sparingly and efficiently by the Customer / Users.
6.3. It is prohibited to install software on the Contractor's equipment without its prior written consent.
6.4. It is forbidden to use the provided equipment to develop computer programs that show signs of viruses or other programs that may cause harm.
6.5. It is prohibited to store or distribute in any form materials that contradict the principles of public morality and are prohibited by the norms of current legislation using the Contractor's equipment.
6.6. It is prohibited to engage in the production of anything on the territory of the coworking space, trade in goods, provide services, campaign, distribute advertising or other information products, etc.among other persons on the territory of the coworking space, in particular, Customers / Users.
6.7. The address of the co-working space Territory cannot be registered by the Customer / Users with public authorities as a location address or otherwise used.
6.8. The location of the Contractor's property and equipment cannot be changed without the Contractor's consent.
6.9. It is forbidden to be under the influence of alcohol / drugs, consume alcoholic and low-alcohol beverages, smoke tobacco products, electronic cigarettes, etc.on the territory of the coworking space.
6.10.It is prohibited to cause damage to property, in particular, of third parties.
7. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
7.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of the Agreement in accordance with the current legislation of Ukraine and the Agreement. Responsibility to the Contractor for User actions is borne by the Customer who appointed them.
7.2. The Contractor is not responsible:
- for the safety of personal belongings of the Customer / Users left on the territory of the coworking space;
- for violation of the terms of the Agreement, technical inconveniences, including those that occurred as a result of actions or omissions of utility service providers, internet service providers, lessor Contractor, etc., power outages caused by seasonal preventive or emergency work by utility services and other reasons beyond the Contractor's control, for temporary restrictions on visiting common areas, etc;
- for damage caused to the life and health of the Customer, in the absence of the Contractor's fault.
7.3. In case of late payment for coworking services, the Contractor has the right to charge and collect a fine from the Customer in the amount of:
10% of the total cost of ordered services in case of delay of no more than two days inclusive;
20% of the total cost of ordered services in case of delay from three to five days;
30% of the total cost of ordered services in case of delay from five to seven days;
40% of the total cost of ordered services in case of delay from seven to ten days;
50% of the total cost of ordered services in case of delay of more than ten days.
Payment of the fine does not release the Customer from the obligation to pay for the ordered coworking services in accordance with the terms of the Agreement.
7.4. In case of improper performance by the Customer of its obligations under this Agreement, gross or systematic (more than once) violation of the rules of behaviour on the territory of the coworking space or violation of public order by the Customer, in particular, if the Customer / User is in a state of drug or alcohol intoxication, as well as if his behavior humiliates the honor and dignity of persons or actions of the Customer / User aimed at damage to property and equipment located on the territory of the coworking space or violation of the commercial interests of the Contractor, the Contractor has the right to refuse to provide services to the Customer (in admission on the territory of the coworking space) and/or terminate the Agreement. At the same time, the amount of services paid, in particular, the guarantee amount, is not returned to the Customer, but is counted as a fine for violating the terms of this Agreement.
7.5. The Customer is financially responsible for damage to the Contractor's equipment and other property, including by Users, with the exception of natural wear and tear of the equipment or property. In case of loss, damage, destruction or other damage to property, including equipment on the territory of the coworking space, the Customer compensates the losses caused to the Contractor in the amount of the value of such property within three working days from the date of receipt by the Customer of the relevant claim from the Contractor.
7.6. All disputes under the Agreement are resolved in accordance with the procedure established by the current legislation of Ukraine. If there are claims of the Contractor regarding the violation by the Customer/Users of the terms of the Agreement, the Contractor may draw up an act in which it notes the detected violations and losses caused by such a violation (if the amount on the date of drawing up the act is set) and provides it for signature to the Customer and / or the corresponding User, and in case of refusal of the Customer / User to sign such an act, this act is signed by third parties who were present at its preparation on the territory of the coworking space.
8. FORCE MAJEURE
8.1. The parties are released from liability for partial or complete non-performance of their obligations under the Agreement, if this was the result of force majeure, after the conclusion of the Agreement as a result of events that the parties could neither foresee nor prevent by reasonable measures, such as: natural disasters, war, civil war, the adoption of legislative acts leading to changes in civil and tax legislation, actions of public authorities, decisions of the owner of the territory of the co-working space and other circumstances that are against the will of the parties, if they affected the Parties ' Performance of this Agreement after its conclusion. In these cases, the deadline for the parties to fulfill their obligations under the Agreement is postponed in accordance with the time during which such circumstances and their consequences apply, unless the parties agree otherwise.
8.2. A party that has been affected by force majeure circumstances must notify the other party in writing no later than five days from the date of their occurrence. The notification must contain information about the occurrence, nature of circumstances and their possible consequences.
8.3. Proper proof of the existence of force majeure circumstances is a document issued by the Ukrainian Chamber of Commerce and industry.
8.4. Late notification of the occurrence of force majeure circumstances and/or failure to provide a supporting document deprives the relevant party of the right to refer to them as grounds for exemption from liability for non-performance or improper performance of obligations under the Agreement.
8.5. After the termination of force majeure circumstances, the parties make every effort to fulfill their obligations under the Agreement as soon as possible.
9. OTHER CONDITIONS
9.1. The terms of this Agreement are publicly communicated to all Customers by publishing it on the website. The Contractor has the right to unilaterally amend this Agreement (including by approving a new version of the Agreement). Such changes take effect from the moment they are published on the site.
9.2. The Agreement is considered concluded from the moment of its acceptance by the Customer and is valid until the parties fully fulfill their obligations under it or until one of the parties refuses the Agreement or on the grounds provided for in this Agreement and current legislation. At the same time, the parties, in the absence of violations by the other party to this Agreement, do not have the right to refuse it before the end of the term of paid services, except in cases provided for in the Agreement.
9.3. If the Customer extends the term for providing services by paying for them at the prices applicable at the time of payment and agreed by the Contractor (availability of available seats, locations, etc.), the Agreement is considered extended for the corresponding period and on the terms applicable at the time of extending the provision of services.
9.4. The Customer does not have the right to unilaterally refuse to perform its obligations under the Agreement, including referring to non-receipt of co-working space services, when the Contractor has provided an actual opportunity to receive such services. Failure to use the service under this Agreement by the Customer / Users is not a reason for refund of the paid cost of services or crediting to the account of subsequent services.
9.5. The Contractor has the right to refuse to provide services to the Customer unilaterally if the Customer violated the terms of the Agreement or caused damage, or violated the commercial interests of the Contractor, as well as if the Contractor does not have the opportunity to provide services in order to comply with safety standards on the territory of the coworking space and on other grounds.
In case of such refusal, the Contractor provides the Customer (in particular, by e-mail) with a notification of termination of the Agreement. The Agreement is considered prematurely terminated (terminated) for the Customer from the date of receipt of the notice of termination, unless another date is specified in the notification.
In case of termination (termination) of the Agreement at the initiative of the Contractor (not on the grounds of violation by the Customer / Users of the terms of the Agreement) and failure to provide the services paid for by the Customer, the Contractor undertakes to return to the Customer within three banking days upon his written request the cost of paid and not provided services in proportion to the period during which the service was not provided.
9.6. The Customer agrees to the processing, storage and disposal of their personal data, as well as to make changes if necessary, exclusively within the framework of the law of Ukraine "On Personal Data Protection". By this consent, the Customer agrees that all his / her personal data voluntarily provided by him / her may be shared with third parties and managers determined by the Contractor, without notifying the Customer of such transfer. With this consent, the Customer confirms familiarization with the rights provided for by the legislation on personal data protection. This consent is valid for an indefinite period of time.
9.7. Exchange of documents and correspondence (sending messages, data, requests, responses, acts, invoices for payment, approval, etc.) under this Agreement may be carried out by the parties by means of telecommunications or electronic communication. If a notification is made by sending an email, the party is considered to have read the content of the notification at the time when such an email was sent to its email address.
9.8. The parties undertake to maintain confidentiality and not disclose information obtained for/and as a result of fulfilling their obligations under this Agreement. Confidential information is all information related to the performance of this Agreement.
9.9. The Agreement is regulated by the legislation of Ukraine. All disputes arising from the terms and conditions of the Agreement are considered by Ukrainian courts of the relevant jurisdiction using the substantive and procedural law of Ukraine. On issues not regulated by this Agreement, the parties are guided by the current legislation of Ukraine.
CONTRACTOR'S BANKING DETAILS
INDIVIDUAL ENTREPRENEUR LOKSHYNA OLENA STEPANIVNA, RNOCPP 2925808262
03179, c. Kyiv, 44/50 Feodora Pushina str.,
ap. 192, Tel.: +380 67 299 7657
e-mail: andworkcoworking@gmail.com.ua
a/c (UAH): UA 53 321842 0000026007053130249
in CB PrivatBank, JSC
To pay in USD:
CB PRIVATBANK, JSC, 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE, SWIFT code: PBANUA2X
IBAN Code: UA953052990000026000040122059
Correspondent bank: JP Morgan Chase Bank, New York, USA, SWIFT code of the correspondent bank: CHASUS33, Correspondent bank account: 001-1-000080
ЗАТВЕРДЖЕНО / APPROVED:
_________________________________ О. Локшина / O. Lokshyna