General Terms & Conditions

General Terms & Conditions CreativeSpace Ltd.

for Coworking Space Services

Valid from 1 January 2019

Please note that the English translation is for information purposes only. Only the German version is legally binding.

1. General

a) The services of CreativeSpace, in particular coworking services, the­ renting of rooms for the execution of meetings or other events, as well as further services connected with the aforementioned services, take place exclusively according to the conditions of these general terms and conditions (GTC) in the version valid at the time of the conclusion of the contract. The service provider is CreativeSpace Ltd., St.Gallen, hereinafter referred to as the

b) The offer is primarily aimed at companies and professional clients, but can also be used by private customers. Entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of a commercial or independent professional activity. In the following, this contractual partner is also referred to as the user or

c) With the booking the customer accepts the GTC. The customer’s terms and conditions of purchase and business shall not apply, even if the provider does not expressly object to them.

d) To ensure orderly operation, more detailed rules can be laid down in house rules. The house rules are binding for all users and can be adapted analogously to the GTC.

2. Unauthorised use

a) The use of the provider’s services for unlawful or immoral purposes, for purposes excluded in these GTC or in the individual contract of use is inadmissible. In particular, the user undertakes not to use the services in such a way as to damage, destroy, overload or otherwise render the provider’s infrastructure unusable or cause disruption to other users. The user shall not attempt to gain unauthorized access to the infrastructure by hacking or similar methods.

(b) The use of services and infrastructure for the following activities is explicitly prohibited:

  • Use in connection with unfair sweepstakes, snowball systems, chain letters, spam emails, or any other type of unsolicited messages or advertising;
  • Defaming, harassing, abusing, stalking, threatening or violating legal regulations (such as protection of privacy, personal rights) of persons or companies within and outside of CreativeSpace in another way;
  • Distribution of offensive, immoral, pornographic or other unlawful materials or data within or through the infrastructure provided;
  • Provision or distribution of data containing static or moving images, software or other material subject to intellectual property laws (e.g. trademark laws), unless the user is the copyright owner or has the right to distribute;
  • Distribution of data containing viruses, Trojan horses, worms, bots or other malicious software; hacking;
  • Illegal upload and/or download of copyrighted data;
  • Prevent or hinder other users from accessing and using the services and infrastructure;
  • Unlawful collection and/or aggregation of information from other users, in particular their email addresses, without their consent.

c) The user acknowledges that the provider is not obliged to secure access to the internet through firewalls or other technical measures and that the user is responsible for the security of his own tools and data.

3. Booking conditions

a) The booking made by the customer online, by telephone, in writing or personally is binding for the customer. However, the provider is free to accept bookings or refuse them without giving reasons. The contract is only concluded with the confirmation of the booking by the provider, which is usually sent by e-mail. In the case of offers issued by the provider on the basis of enquiries received by telephone, e-mail or in writing, the customer must submit his booking by e-mail or in writing within the period of validity stated in the offer, whereupon the contract is concluded with the confirmation of the booking by the provider by e-mail or in writing.

b) Depending on the time of booking, the provider reserves the right to reduce the offer of additional services.

c) Bookings are bound to the customer and are not transferable. The transfer of the services and premises booked by the customer to third parties (e.g. subletting) is only permitted with the prior written consent of the provider. The present General Terms and Conditions shall in any case also apply to third parties permitted to do so. The customer shall be jointly and severally liable with the third party for all claims of the provider against the third party, in particular also for any claims for damages.

d) The allocation of the objects (rooms, desks) within the category booked is in the discretion on the provider and takes place at the beginning of the execution of the contract.

e) The scope of the services included in the basic price is – as far as no other written agreements have been made – determined by the current ­list of prices and services. Further services will be shown separately in the confirmation or invoice with cost information.

f) Services provided by third parties, which have been commissioned by the customer within the framework of the booking, are only brokered by the provider. The terms and conditions of the third parties providing the service shall apply. The provider cannot be held liable for the proper execution of such services.

g) The provider can change bookings at any time. The provider must inform the customer of this at least 3 working days before the booked date and offer him equivalent alternative premises or services instead of the originally booked premises and/or other services. If the customer rejects the alternative premises or services, the booking shall be deemed cancelled. In this case there are no cancellation fees for the customer.

4. List of prices and services

a) Unless explicitly stated otherwise, the prices quoted in the price list are net prices exclusive of the applicable Value Added Tax and refer only to the services specified in the respective item. Additional services shall be remunerated separately. For this the separately shown tariffs / prices apply.

b) The fees for coworking services are due within 10 days of the booking, at the latest, however, when the customer enters into the contract. Fees for ongoing services are billed in advanced and due at the latest on the third working day of the corresponding month. The user must make the payment in cash, by bank transfer free of charge for the recipient to the specified account of the provider, or by another payment method explicitly accepted by the provider. The receipt on the account of the provider is decisive for the timeliness of the payment.

5. Termination of the contract

a) Unless special conditions are provided for specific services offered, the contract can be terminated unilaterally by written notice or through the user account in the provider’s online system with a notice period of 3 months to the end of a month.

b) The right to premature termination for good cause remains unaffected for both parties and for all cases.

c) The provider may terminate the contractual relationship with immediate effect without observing a period of notice if there is a reason for extraordinary termination. Such a case exists if the customer is twice in default with his payment obligations or otherwise culpably violates his contractual obligations (e.g. prohibited use of the infrastructure). Another reason for immediate termination is if the basis for the coworking relationship with the customer ceases to exist (termination of the main contract).

d) The customer may terminate the contractual relationship with immediate effect without observing a period of notice if the continuation of the coworking relationship cannot be reasonably expected of him.

6. Responsibilities and liability of the provider

a) The provider guarantees the careful provision of the agreed services and is only liable for damages caused intentionally or through gross negligence. Any further liability is expressly excluded to the extent permitted by law.

Any faults and failures in the infrastructure that are within the provider’s sphere of influence will be resolved as quickly as possible. In cases of force majeure, the provider is released from the obligation to perform. All unforeseeable events as well as events whose effects on the fulfilment of the contract are not the responsibility of any party to the contract shall be considered force majeure.

b) The provider is only liable within the scope of the usual care for the functioning of the provided technical infrastructure and equipment. The liability of the provider is excluded for any damages incurred by the customer as a result of their use, for example as a result of a defect.

c) The provider assumes no liability for damages resulting from the use of its data transmission systems, such as Internet access, WiFi, etc.

d) The provider assumes no responsibility or duty of care for objects brought in (such as desktop computers, notebooks, monitors, personal objects, documents, etc.) by the customer, his guests and event participants and excludes any liability for such objects, in particular in the event of theft or damage. Every user is responsible for the security of his personal belongings. Theft in any CreativeSpace location will be reported in any case. There is no insurance cover for personal belongings of the users. It is recommended that you take out a suitable personal insurance policy.

e) The provider shall not be obliged to monitor the consumption of services. If the user charges of a customer increases excessively, the provider is entitled, but not obliged, to inform the customer about this.

f) In all cases in which the provider is obliged to pay damages or reimbursement of expenses in business transactions on the basis of contractual or statutory claims, the provider shall only be liable if he is guilty of intent, gross negligence or injury to life, body or health. Liability for the culpable violation of essential contractual obligations and guarantees shall remain unaffected by this. However, liability shall be limited to the foreseeable damage typical for this type of contract. Liability for consequential damages, in particular for loss of profit or compensation for damages to third parties, is excluded unless the provider is guilty of intent or gross negligence.

g) The provider does not assume any liability for the violation of third party property rights with regard to the work of the user, as well as the transmission of data and data carriers by the user. The user is responsible for ensuring that all breaches of competition law, copyright law, trademark law, data law or other legal provisions within the framework of the contractual relationship with the provider are avoided. If the provider becomes aware of such violations of the law, the contractual relationship will be terminated immediately. In the event of a violation of the law, the user shall indemnify the provider against any claims by third parties. The user shall reimburse the provider for the costs of legal proceedings in the amount of the statutory lawyer’s fees in the event that the provider is held liable by third parties as a result of an infringement.

7. Responsibilities and liability of the customer

a) The customer warrants that he is aware of the legal provisions and regulatory requirements applicable to him and that he will comply with them at all times and, if necessary, obtain in good time and at his own expense the permits required for his work. In particular, the customer undertakes to observe the statutory provisions on unfair competition, banking and financial transactions, lotteries and gambling. The customer is obliged to indemnify the provider for any claims by third parties resulting from the illegal use of the premises or the technical equipment, in particular the communication technology (Internet access, WiFi etc.), including any legal costs.

b) In addition, the customer shall be liable for all damage or excessive contamination of the premises and the provider’s movable and immovable infrastructure caused by him, his employees, assistants (e.g. external caterers), guests or event participants, e.g. exceeding the agreed maximum number of participants, as well as for the theft of provider’s materials and furniture. The provider may charge the customer for the costs of repairs, replacements and cleaning.

c) The customer is responsible to insure his property, which he brings into the Coworking Space, and his liability risk against his employees and third parties.

d) If the premises cannot be used temporarily for reasons for which the customer is responsible, the customer shall be liable to the provider for lost sales and for further consequential costs.

e) All items brought along by the customer must be removed immediately after the end of the agreed use. Otherwise, the provider may charge additional usage fees.

f) In addition to the right of retention pursuant to Art. 268 of the Swiss Code of Obligations, the provider has the right to retain items brought along by the user until the user has fulfilled his obligations.

8. Final provisions

a) Between supplier and customer exclusively these GTC in the current version apply.

b) Should individual provisions of these GTC be ineffective or lose their effectiveness due to a later circumstance, the effectiveness of the remaining GTC shall remain unaffected.

c) Swiss law shall apply to the contractual relationship. Exclusive place of jurisdiction is St.Gallen.

 

Specific conditions for coworking services

Service description

The object is to provide workstations in an office environment, including Internet use. The office workstations are equipped with: Table, chair, electricity, WiFi.

The user has noted that the regular coworking offer is an open-space office which cannot be locked separately.

A specific consent must be obtained in advance for particularly resource-intensive types of use (e.g. operation of servers, mains-operated equipment beyond normal work equipment, work or equipment with special noise or other emissions).

Depending on the scope of services selected, the possibility of using certain services is limited to a certain type of use and/or a certain period of time. The services and prices offered can be viewed at www.creativespace.ch and can be adjusted at any time taking into account the offer-related notice periods.

The desks may only be used by the user for the operation and purpose specified in the contract. A violation of this provision entitles the provider to terminate the contract without notice.

Periods of notice

Subject to any agreed minimum contract period or contract intervals, the following periods of notice shall apply for cancellations and changes of offer with a smaller scope of services:

  • Contracts containing separate offices: 3 months at the end of each month;
  • All other monthly coworking offers: 1 month at the end of each month;
  • Additional services and extras for coworking: 1 month at the end of each month.

Specific conditions for room rentals

Service description

The object is the provision of premises, or defined partial areas thereof, for temporary use, in particular for meetings, workshops, seminars and similar events. The scope of the services included in the rental or basic price is determined – unless other written agreements have been made – by the respective current price list. Further services will be shown separately in the confirmation or invoice with cost information.

Booking conditions

a) For events of 1 full day or more, a partial payment of at least 25% of the room rental including additional services (excluding catering) is due upon confirmation of the booking. Irrespective of the rental period, the provider may require a deposit.

b) The room rental incl. booked additional services (excl. catering) is to be paid before the start of the rental period. The final­ invoice with catering and any services added short-term must be paid within 10 days.

c) A cancellation by the customer can take place online, by mail or by post. From the moment the booking is confirmed in the booking system, the following cancellation fees will be charged:

  • Up to 2 weeks before rental start: 25% of the room rental incl. booked additional services (excl. catering)
  • Up to 72 hours before rental start: 50% of the room rental incl. booked additional services (excl. catering)
  • Later: 100% of the room rental incl. booked additional services (excl. catering).
  • If the customer has instructed the provider to arrange further external services for him, any cancellation fees will be charged directly to the customer in accordance with the cancellation­ conditions of the respective service provider.
  • In addition, any expenses and costs incurred by the provider and not covered by the cancellation fees shall be reimbursed by the customer.

d) For catering components, the following deadlines must be observed: The final number of participants must be announced no later than 3 days (72 hours) before the start of the event. The same period applies to cancellations.

e) The provider is entitled to terminate the contract with immediate effect at any time for important reasons without any obligation to pay damages, in particular if:

  • any advance payment or deposit requested is not made in due time;
  • as a result of force majeure, neither the booked premises nor replacement­ premises can be made available;
  • the customer or the participants in an event violate the house rules;
  • the intended event is likely to disrupt or endanger safety and order;
  • the intended event is likely to seriously disrupt other customers of the Provider or the business operations of the Provider;
  • the customer leaves the use of the premises to a third party without the prior written consent of the provider (e.g. subletting).