GENERAL PROVISIONS 1.1. This Agreement is an Accession Agreement (Article 634 of the Civil Code of Ukraine), which regulates the relationship between the Natural Person-Entrepreneur Maryna Ivanivna Tkachuk, acting on the basis of the Extract, entry in the Unified State Register of Legal Entities, Natural Persons-Entrepreneurs and Public Organizations No. 2001190010002031651 dated 09.12.2020, registration taxpayer’s registration card number 2885100245, hereinafter referred to as the “Executor”, on the one hand, and the User of services regardless of his status (individual, legal entity, individual entrepreneur), hereinafter referred to as the “Customer”. 1.2. This Agreement defines the terms of provision of Coworking services by the Contractor using the website https://roomcoworking.com.ua/. 1.3. This Agreement is public in accordance with Art. 633 and 641 of the Civil Code of Ukraine, is the equivalent of an “oral agreement” and has due legal force. 1.4. According to Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this Agreement, which confirms the conclusion of the Agreement on the proposed terms, is the fact of payment of the cost of the ordered Services on the website https://roomcoworking.com.ua/ by the Customer. 1.5. In this Agreement, unless the context otherwise requires, the following terms have the following meanings: “Acceptance” means full and unconditional, unconditional acceptance by the Customer of the terms of the Public Offer. The moment of Acceptance is considered to be the Customer’s payment for the Coworking Service Package chosen by him in the manner and at the price determined by this Agreement, provided that he provides true and reliable information about himself when filling out the Request. “Executor” is an individual entrepreneur who provides services. “Customer” is an individual and/or legal entity, an individual entrepreneur who, by joining the Public Contract, receives services. “Request” – the Customer’s request to the Contractor to order Coworking services under this Agreement, made by filling out a form developed and posted by the Contractor at the location of Coworking services or using the online service. “Coworking” is a space located at Ivano-Frankivsk, st. Vovchinetska, building 188, and includes common areas, rooms, offices, Open space. “Access to Coworking” – an option to access the premises defined by the Tariff Plan with the use of access control tools, issued by the Contractor to the Customer. “Workplace” – a place equipped with Equipment, wireless Internet access, designed for one person. Equipment – office furniture available in the premises, as well as other property (printer, scanner, copier, stationery, coffee machine, electric kettle, refrigerator, microwave oven, kitchen utensils and dishes, etc.), the cost of using which is included in the price of the Tariff Plan. “Co-working administrator” is a person authorized by the Contractor who organizes co-working activities, promotes the interaction of visitors, and monitors the implementation of general rules of behavior in co-working. “Tariff plan, tariff” – a set of services provided by the Contractor to the Customer under this Agreement, the period of provision of such services and their cost. The minimum period of provision of services under the tariff plan is one day, the maximum period of provision of services under the tariff plan is one calendar year, unless the parties agree otherwise.
SUBJECT OF THE AGREEMENT 2.1. The Contractor undertakes to provide the Customer with Coworking services, under the conditions and in the manner stipulated by the Agreement, in accordance with the Tariff Plan accepted by the Customer, and the Customer undertakes to accept and pay for such services in a timely manner. 3. PROCEDURE FOR PROVISION OF SERVICES 3.1. The Contractor undertakes to provide the Customer with access to the Coworking space at the location of the Coworking space, namely: Ivano-Frankivsk, str. Vovchynetska, building 188, on the conditions specified by the Tariff Plan chosen by the Customer. 3.2. The Customer concludes the Agreement (Acceptance) by completing the Request and paying for the selected Tariff Plan. To complete the Request, the Customer must fill in the information requested in the Request. By completing the Request, the Customer confirms his consent to the processing of his personal data exclusively for the purpose of providing Coworking services under this contract and related services. 3.3. Access to the Coworking is determined based on the availability of free places in the Coworking, the total number of which is determined by the Contractor based on the Customer’s Request. 3.4. Coworking services are provided within the zone defined in the relevant Tariff Plan. 3.5. The Customer has the right to receive services under this Agreement, subject to the prior payment of the full price for the corresponding Tariff Plan. 3.6. The Contractor provides, and the Customer has the right to purchase, Tariff plans posted on the Contractor’s website https://roomcoworking.com.ua/. 3.7. After completion of the accepted Tariff plan, the Customer is obliged to release Coworking or pay for the next period. If the Customer has not released Coworking, but has paid for the next period, it is considered that the new term begins automatically. However, the Contractor may return the fee and refuse to continue providing services. 3.8. Any equipment and property that can be used by the Customer in accordance with the selected Tariff Plan is not transferred under the act of acceptance and transfer and cannot be moved by the Customer outside the Tariff Plan provision area. Acceptance of this Agreement is a sufficient basis for the Customer to acquire the right and obligations to use the property under this Agreement. 3.9. In order to ensure physical access to the Coworking, the Contractor can provide the Customer with access control tools that grant these persons the right to access the Coworking. 3.10. The Contractor has the right to regularly (at his discretion) check the order of use of the Coworking by the Customer for compliance of such use with the terms of the Agreement and the selected tariff plan. 3.11. In case of failure of the equipment related to Coworking, the Customer shall notify the Contractor about this, who shall eliminate such malfunctions within a reasonable period of time. 3.12. The Customer does not have the right to take equipment, facilities and other property that is part of the Coworking or located on the territory of the Coworking and does not belong to the Customer outside the Coworking. If the Customer discovers the removal of property to the Coworking without the prior written consent of the Contractor, regardless of the purpose, if such property is not returned within 24 hours from the moment of taking it back to the Coworking, the Customer undertakes to reimburse the full value of such property.
PAYMENT PROCEDURE 4.1. The price for the provision of the service shall be paid by the Customer to the Contractor on the terms of 100% prepayment before the start of the provision of services under this Agreement, by transferring funds to the Contractor’s account. Settlements between the Parties are made in the national currency of Ukraine in accordance with the procedure provided for by the current legislation. 4.2. When paying for services using the https://roomcoworking.com.ua/ website, the Customer may be asked to provide certain information, including, but not limited to, credit card number, credit card expiration date, and email address for sending the payment document. The customer guarantees that he has the legal right to use a credit card or other payment method for Coworking services. 4.3. Some Tariff Plans provide for payment on a regular periodic basis, depending on the period that the Customer chooses when purchasing the Tariff Plan. At the end of the Tariff Plan period, it is automatically renewed. The Customer may cancel the extension of the Tariff Plan by contacting the Administrator. 4.4. The Contractor reserves the right to change the amount of payments according to the Tariff Plan at any time. Any change in the cost of Tariff Plans becomes effective at the end of the current Tariff Plan period. The Contractor warns about the change in the price of the Tariff Plan by any means of communication with the Customer. 4.5. At the request of the Customer, the Contractor can provide an invoice for payment of services. 4.6. In the event that the Customer terminates the use of the Coworking service, the amount of money paid by the Customer for the Tariff Plan will not be returned, unless the Contractor makes a different decision in individual cases. 4.7. The customer has no right to transfer his rights granted to him by this Agreement to a third party. 5. RIGHTS AND OBLIGATIONS OF THE PARTIES 5.1. The customer is obliged to: 5.1.1. to pay the Executor the cost of using the relevant Tariff Plan in the amount and in the manner specified in this Agreement; 5.1.2. fully compensate the Contractor and/or third parties for any damage or loss of property caused by the Customer’s fault; 5.1.3. after termination of the Agreement, return access control means, equipment and other property transferred to the Customer when providing access to Coworking; 5.1.4. not to install/not to use the equipment, not to install software on the Contractor’s equipment without the latter’s prior consent; not to use the provided equipment to develop computer programs that have signs of viruses and other programs that can cause harm; not to distribute and/or store materials in any form that contradict the principles of public morality and are prohibited by the norms of current legislation; not to use the server capacity of the Contractor for the purpose of saving own materials or materials of third parties. 5.1.5. not to be on the territory of the Coworking in a state of alcohol intoxication, under the influence of narcotic substances or in any other state in which one can talk about clouding of consciousness. 5.1.6. not to violate fire safety rules when using Coworking services. In the event of such a violation, all losses incurred as a result shall be compensated by the Customer. 5.2. The performer undertakes: 5.2.1. properly fulfill their obligations under this Agreement; 5.2.2. ensure regular cleaning of the Coworking area; 5.2.3. ensure constant availability of access to the Internet using wireless Wi-Fi; 5.2.4. to ensure continuity of electricity supply, serviceability of the air conditioning system, maintenance of the temperature regime, available equipment. 5.2.5. within a reasonable time to eliminate possible problems that may occur in the equipment that is part of the Coworking. 5.3. The customer has the right to: 5.3.1. use the Coworking access service in accordance with the terms of this Agreement; 5.3.2. to receive a service of appropriate quality. 5.4. The executor has the right to: 5.4.1. restrict (or deny) the Customer the right to use Coworking services if the Customer is under the influence of drugs or alcohol, as well as if his behavior humiliates the honor and dignity of third parties or the Customer’s actions are aimed at damaging the Contractor’s property/equipment; 5.4.2. change the terms of this Public Agreement by publishing it on the website https://roomcoworking.com.ua/. 5.4.3. transfer your rights and obligations under this Agreement to third parties without the consent of the Customer; 5.4.4. refuse to provide Coworking services to persons who have not accepted the terms of the contract; 5.4.5. round-the-clock with the use of technical means – video and photo cameras, by own forces or by involving third parties to monitor the territory of the Coworking.
RESPONSIBILITY OF THE PARTIES 6.1. For violation (improper performance) of the obligations assumed under the Agreement, the Parties bear the responsibility provided for by the current legislation of Ukraine and this Agreement. 6.2. A person who has violated an obligation is liable in the presence of his fault (intention or negligence), unless otherwise established by contract or law. 6.3. The executor is not responsible for: 6.3.1. for improper provision of services, if such provision of services does not depend on the will of the Contractor. 6.3.2. for technical inconveniences, including power outages, caused by seasonal preventive and emergency works by utility services and other reasons beyond the Contractor’s control and/or temporary restrictions on visiting public places; 6.3.3. for damage caused to the life and health of the Customer, his visitors and representatives in the absence of the Contractor’s fault. 6.4. All disputed issues that may arise in relation to this Agreement or in connection with its implementation shall be resolved by the Parties through negotiations. The pre-trial dispute settlement procedure is mandatory. In the event that the Parties cannot reach an agreement on disputed issues through negotiations, these issues shall be resolved in accordance with the current legislation of Ukraine. In the event of the Contractor’s claims regarding the Customer’s violation of the integrity of the property/equipment, the Contractor shall draw up an Act on the list and value of such damaged property/equipment and submit it for the Customer’s signature, and in the event of the Customer’s refusal to sign such an Act, the Act shall be signed by third parties who were present when it was drawn up. 6.5. If the Customer uses the territory of the Coworking without paying the cost of services under this Agreement, the Contractor has the right to limit the Customer’s access to the Coworking and unilaterally terminate the Agreement for the Customer. 7. FORCE MAJEURE 7.1. The Parties are released from responsibility for partial or complete non-fulfillment of obligations under the Agreement, if this non-fulfillment is caused by the occurrence of objective circumstances of force majeure, about which the Parties are obliged to notify each other within three working days by e-mail, etc. 7.2. For the purposes of this Agreement, “Force Majeure” shall mean, with respect to each Party, any circumstance which the Party could not foresee, including (but not limited to): war, invasion, insurrection, revolution, insurrection or civil war; an act of the government in its sovereign capacity; earthquakes, fires, storms, floods or any other events caused by the actions of natural forces; strikes, lockouts, boycotts or other forms of strike action; terrorism, sabotage; epidemic 7.3. At the same time, the deadline for the fulfillment of obligations is postponed in proportion to the time during which these circumstances were in effect. 7.4. If these circumstances continue for more than 30 (thirty) calendar days, each Party has the right to cancel the Agreement, and in this case, none of the Parties will have the right to claim compensation for damages. 7.5. The existence of force majeure circumstances must be confirmed by the competent authority.
DURATION OF THE AGREEMENT 8.1. This agreement enters into force from the moment of its approval by the Executor. 8.2. Acceptance of this Agreement by the Customer means the Customer’s full and unquestionable agreement with its terms. 9. UNILATERAL TERMINATION OF THE AGREEMENT 9.1. In case of termination of the Agreement at the initiative of the Contractor and failure to provide services according to the list of the Service Package paid for by the Customer, the Contractor shall within three calendar days undertake to return to the Customer, upon his written demand, the cost of paid and not provided services in proportion to the number of calendar days during which the service was not provided, without paying any sanctions. 9.2. The customer has no right to unreasonably refuse to fulfill the terms of the contract. Non-use of the service under this Agreement by the Customer is not a reason to return the paid cost of the services or credit them to the account of subsequent services. 9.3. The Contractor has the right to unilaterally refuse to provide services to the Customer within one day, if: a) the Customer has violated the terms of the Agreement; b) The customer caused damage or violated the contractor’s commercial interests; c) in the event that the Contractor does not have the opportunity to provide the service in order to comply with safety standards on the territory of the Coworking; d) on the grounds specified in clause 9.1. Agreement. In the event of such a refusal, the Contractor shall send to the Customer’s address (to the email address, if the Customer specified it as the main method of notification in the Application), specified in the Request, a notice of such termination of the contract. The contract is considered prematurely terminated for the Customer within five calendar days from the moment of sending the notice of termination. In case of termination of the contract on the grounds specified in parts a), b) and c) of this clause, the money paid for the Coworking service will not be returned. In case of such termination of the contract on the grounds specified in part d) of this clause, the money paid for the Coworking service shall be returned within 7 days from the moment of termination in proportion to the part of the service term, when the service will not be provided. 10. OTHER TERMS 10.1. In cases not stipulated by the Agreement, the Parties are governed by the current legislation of Ukraine. 10.2. The parties confirm that when concluding the Agreement, they act voluntarily, without coercion, understanding the essence and nature of the Agreement, as well as the legal consequences of concluding the Agreement, being aware of the nature of their rights and obligations under the Agreement. The Parties declare that there are no serious circumstances that would force any of the Parties to conclude the Agreement on the terms set forth in it, and also confirm that the terms of the Agreement are acceptable to the Parties and, in this regard, do not consider the terms of the Agreement to be extremely unfavorable for themselves. 10.3. The customer hereby guarantees that he has the necessary legal capacity and legal capacity, has the right to perform actions and bear the obligations stipulated by this Agreement. 10.4. Any notifications made by the Contractor to the Customer’s address are considered to be made properly in one of the following ways: (a) sending an email to the Customer’s address specified in the Customer’s Application when ordering the service; (b) sending a message by mail to the address specified by the Customer when ordering the service. 10.5. This Agreement is drawn up in accordance with the provisions of Article 3, Article 6, Article 627, Article 628, Article 633 of the Civil Code of Ukraine and other legislative acts of Ukraine.
