O4 Space Lease Terms and Conditions and Service Provision Regulations
Clause 1 [Definitions]
1. As used in the Regulations, the definitions shall mean:
a. the Desk: the place for office work, for non-exclusive use by the User, outfitted with a desk and a chair, designated on an unseparated part of the Coworking Space;
b. Olivia Four: the office building with services on the ground floor and an underground garage, with the trade name of Olivia Four, located in Gdańsk at Al. Grunwaldzka 472B, which is a part of the Office Complex;
c. Olivia Six: the office building with services on the ground floor and an underground garage, with the trade name of Olivia Six, located in Gdańsk at Al. Grunwaldzka 472D, which is a part of the Office Complex;
d. Olivia Star: the office building with services on the ground floor and an underground garage, with the trade name of Olivia Star, located in Gdańsk at Al. Grunwaldzka 472C, which is a part of the Office Complex;
e. the Office Complex: the complex of office buildings, with the trade name of Olivia Business Centre, located in Gdańsk at Al. Grunwaldzka 472;
f. the Office Module: the lockable room separated from the Coworking Space, intended for the User’s office work, outfitted with workstations (a desk, a chair and an office cabinet), the number of which is determined by the Lessor;
g. the Conference Room: the room designed to hold business meetings, separated from the Coworking Space;
h. the Coworking Space: the separate area located in the Olivia buildings, Olivia Four (ground, first and second floors) with the name of O4 Four, Olivia Star (first floor) with the name of O4 Star and Olivia Six (thirteenth floor) with the name of O4 Six, which the Lessor is authorised to sublease under these Regulations, with a part of the area intended for joint use by all Users and third parties and a part of the area intended for joint use by the Users only;
i. the Parking Space: the unassigned (not named) or designated parking space in the Office Complex (underground or on the ground);
j. the User: the entrepreneur, within the meaning of the Act of 6 March 2018, entered in the relevant register or registry, as well as its employees and associates;
k. the Visitors: the people remaining in the Office Complex at the User’s invitation, including participants of events organised by the User in the Conference Rooms;
l. the Lessor: Fundacja Gdańsk Global, with registered office in Gdańsk (80-309) at Al. Grunwaldzka 472, entered in the Register of Associations and the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk-Północ in Gdańsk, Entry No. KRS 0000421910, Statistical No. REGON 220900160;
m. the Regulations: these Regulations in their current wording.
2. These Regulations lay down the rules for providing services electronically by the Lessor for the Users concluding lease agreements of the Coworking Space or the Conference Room with the Lessor under the terms provided for in the Regulations, accepted lease terms at https://o4.cobot.me/ or https://oliviaconnect.cobot.me/ and an agreement concluded by the Parties.
Clause 2 [Reservation]
1. The use of the Desk, the Office Module and the Conference Room is possible after performing the following actions:
a. registering at https://o4.cobot.me/ or https://oliviaconnect.cobot.me/, by filling in the available form, providing User’s current registration information and accepting these Regulations and additional conditions of the package, as selected;
b. reserving a selected lease object at a selected date;
c. making an electronic payment for the entire lease term in advance, and in case of reservation of the Office Module for 3 months or 12 months, for at least one month in advance, and for every subsequent month in advance to the 3rd day of every month;
d. collecting the access card(s) or keys from the reception desk located in the Coworking Space; the cards or keys will be available 1 (one) hour before the beginning of the lease, with the activation of the access to the Coworking Space matching the terms and conditions and dates selected by the User, and reading the current Building Regulations and the O4 Conference Centre Regulations; Clause 2.7 below shall apply;
e. The lease object is released after the Parties sign the acceptance report. Such a report is also drawn up at the end of the lease term.
f. if the Office Module is reserved, presenting to the Lessor an insurance policy valid for the entire lease term for a) property, against fire and other fortuitous events and against theft, burglary and vandalism; b) people on the premises, against the consequences of accidents; c) professional indemnity for the sum insured not lower than PLN 100,000.00 with a “lessee’s liability clause”.
2. In the case of justified doubts as to the truthfulness or validity of the information provided by the User on registration, the Lessor reserves the right to request immediate elimination of false information or updating or supplementing the information or, at its choice, to terminate the lease agreement with immediate effect.
3. Confirmation of the reservation shall be a VAT invoice issued by the Lessor. The User authorises the Lessor to issue invoices without the recipient’s signature and in electronic form.
4. Confirmation of the reservation by the Lessor is tantamount to the conclusion of a lease agreement for a definite period under the terms laid down in these Regulations and additional conditions of the package, as selected.
5. The conclusion of the agreement between the User and the Lessor shall not authorise the User to use the address of the Building as the business address or to provide services, unless the terms of reservation clearly indicate otherwise.
6. The Office Complex and the Coworking Space have visual monitoring. The User agrees to recording, storing and using the data as a part of this monitoring for the purposes related to the Lessor’s provision of security of property and people.
Clause 3 [Packages]
1. The User can choose the following reservation packages:
a. MINI O4 Membership - FOUR 1 entry (from 0:00 am to 11:59 pm) in a month to the building Four O4 Coworking Space; a rent of net PLN 50;
b. MINI O4 Membership - FOUR 2 entry (from 0:00 am to 11:59 pm) in a month to the building Four O4 Coworking Space; a rent of net PLN 100;
c. LIGHT O4 - FOUR Membership: 10 entries (from 0:00 am to 11:59 pm) in a month to the O4 Four Coworking Space; a rent of net PLN 400;
d. BASIC O4 - FOUR Membership: 15 selected days (from 0:00 am to 11:59 pm) in a month, in the O4 Four Coworking Space; a rent of net PLN 550;
e. STANDARD - FIXED DESK O4 - FOUR Membership: monthly access to O4 FOUR (from 0:00 am to 11:59 pm); a rent of net PLN 1000;
f. STANDARD - FIXED DESK O4 - SIX Membership: monthly access to O4 SIX (from 0:00 am to 11:59 pm); a rent of net PLN 1,400;
2. The rent shall be payable regardless of the actual use of the Coworking Space by the User. If the User cannot use the Coworking Space it reserved at the Lessor’s fault exclusively, the User shall be authorised to a refund of 100% of the rent it paid, which exhausts the User’s compensation claims.
3. The scope of additional services included in the reservation shall each time be described in the reservation system and confirmation of the reservation. The possibilities of using the Conference Room included in the package depend on its availability and prior reservation by the User.
Clause 4 [Conference Rooms]
1. The Conference Rooms may be leased to organise business, cultural, scientific and training events as well as other events whose nature does not violate the Lessor’s good name, oppose its legitimate interests or contradict the applicable laws and internal regulations governing the order and functioning of the Building and the Office Complex.
2. The Users may use the Conference Rooms only in accordance with their intended use and for the purpose and scope which were determined during reservation of a particular Conference Room and in a manner which takes into account the uninterrupted use of the premises by other Lessees of the Building and other buildings in the Office Complex.
3. The User may unload and load elements delivered to the Conference Room for the event only with prior consent and at the place and time determined by the Lessor.
4. The User shall be obliged to designate a person responsible for the event and provide their personal and contact details to the Lessor.
5. The User and the people it uses, including the people referred to in Clause 4.4 above, should comply with the remarks and order recommendations of the Lessor and its employees, the manager of the Building and security staff. In case of an emergency, the Lessor reserves the right to remove from the Building or the Office Complex any objects and people endangering the health or life of the occupants or otherwise disturbing the order or safety of people and property. The User shall ensure that the above remarks and recommendations are observed by the participants of the event.
6. The User shall be obliged to check the condition of the Conference Room, in particular the fittings and multimedia equipment made available to the User before the release of the Conference Room, and to raise objections, if any, to the Lessor regarding the condition of the Conference Room and equipment.
7. All event organisation works, e.g. assembly and disassembly of the scenery, equipment and the User’s own devices, may be carried out only and exclusively with the Lessor’s written consent under the pain of invalidity, in the period agreed on with the Lessor, not disturbing the normal functioning of the Building.
8. The User may order the provision of additional services, including catering and delivery of additional multimedia equipment directly from the providers of these services, but previously accepted by the Lessor. The User shall be obliged to provide the Lessor with all contact details of the entities providing additional services for the event no later than 3 days before the event.
Clause 5 [Internet Use]
1. The Lessor shall provide unlimited wireless Internet access to the Users and the Visitors in the Coworking Space.
2. The Lessor shall not be liable for any possible damage resulting from the lack of operation or malfunction of the Internet connection.
3. The use of the Internet connection available in the Coworking Space for activities that do not comply with the generally applicable law and violate or threaten to violate the rights of third parties shall be prohibited under the pain of immediate and permanent blocking of the Internet access of devices used for such activities. This shall not exclude other liability under the law.
Clause 6 [Obligations of the Parties]
1. The Coworking Space shall be available 24 hours a day, 7 days a week.
2. From 9 am to 4 pm on weekdays, the Lessor shall provide reception service for the Users which consists mainly of reservation service and on-going administration of the Coworking Space.
3. The Lessor shall be authorised to access the Coworking Space at any time, also to its separate areas, to the extent that it proves necessary to remove the failure, repair or avert the risk of damage, and to carry out necessary inspections and maintenance of the equipment and systems.
4. The User shall be obliged to use the Coworking Space in accordance with its intended use, only for office purposes related to its business activity, in a way that does not hinder the use of the Coworking Space by other Users, and to maintain the lease object in a proper technical condition.
5. The User shall not be allowed to change the use of the Coworking Space or make any changes in the lease object, subject to Clause 3.6. In particular, the User undertakes to restore the Office Module it has occupied to the condition as of the day it was released to it; particularly, it shall restore the original arrangement of furniture and remove decorations and office accessories.
6. All people remaining in the Coworking Space shall be obliged to comply with the applicable Building Regulations and fire safety instructions. The User shall be obliged to acquaint the Visitors and all other people whom it intends to use or whose services it intends to use with the regulations.
7. The Visitors may remain in the Coworking Space from 9 am to 4 pm on weekdays, unless the User agrees on otherwise in writing with the Lessor beforehand under the pain of invalidity.
8. Every access card issued to the User shall be assigned to a designated person registered in the cobot.me system and it shall not be allowed to give it to third parties. In the event of loss or destruction of the access card, the User shall be obliged to inform the Lessor immediately. The value of the access card (carrier) is PLN 50.00. The User shall be obliged to pay the Lessor the above amount in case of loss, destruction or failure to return every access card upon expiry of the lease.
9. The Lessee shall not have the right to give the lease object for free use, sublet or sublease to third parties without the Lessor’s written consent.
10. The Lessor reserves the right to limit the availability of the Coworking Space and its functionality at a time and scope of its choice, with a prior announcement on the Lessor’s website.
11. The User, the Visitors and people used by the User should comply with the remarks and order recommendations of the Lessor and its employees, the manager of the Building and security staff. In case of an emergency, the Lessor reserves the right to remove from the Building or the Office Complex any objects and people endangering the health or life of the occupants and otherwise disturbing the order or safety of people and property.
Clause 7 [Lease Agreement Amendment and Termination]
1. The Lessor shall have the right, at any time in the duration of the lease agreement, to unilaterally change the lease object to another one with a similar area, provided that:
a. the area may differ from the previous one by 20%;
b. the new lease object will have a similar technical condition;
c. the new lease object will be located in any building in the Office Complex.
2. The Lessor may terminate the lease agreement without notice if:
a. the User has given the lease object to a third party for use or has sublet or subleased it;
b. the User uses the lease object contrary to its intended use;
c. the User grossly or persistently violates the obligation to maintain the lease object in a proper technical condition or other obligations arising from these Regulations, the Building Regulations or the O4 Conference Centre Regulations, including the failure to present a valid insurance policy which complies with the Regulations.
d. The Lessor may reasonably suspect that the User’s activity is contrary to the applicable law or leads to an infringement of the personal rights of the Lessor or its affiliates, including the infringement of their reputation.
Clause 8 [Reservation]
1. Reservations shall be made in the cobot.me system operated by Upstream-Agile GmbH, with its registered office in Berlin, subject to the current regulations available at www.cobot.me.
2. Payments (e.g. by bank transfer and payment cards) shall be made using the payment system by PayLane sp. z o.o., with its registered office in Gdańsk at ul. Arkońska 6/A3, post code 80-387, Entry No. KRS 0000227278, subject to the current regulations available at www.paylane.pl. For the purpose and within the scope of making and handling of such payments, PayLane sp. z o. o. processes the personal data of individuals making payments on behalf of the Lessor, after the separate consent of such individuals on the payment website.
3. The User may also make the payment by bank transfer to the Lessor’s bank account held with Bank Zachodni WBK S.A., number 64 1090 1102 0000 0001 1910 5154, not later, however, than within 3 days of making the reservation, and in any case before the lease begins. In case of the ineffective lapse of this period, the reservation expires.
Clause 9 [Liability of the Parties]
1. Once the User has been issued the access card to the Coworking Space, the obligations related to its proper maintenance and the danger of its accidental damage shall be transferred to it. In particular, the User shall be obliged to inform the Lessor immediately about any failure or event as a result of which the Coworking Space has suffered damage or may be exposed to damage. The User bears the full risk of damage or destruction of the Coworking Space, the Building and the areas adjacent to it, as well as the systems and equipment located thereon, caused by it, its staff, the people and services it has used and the Visitors.
2. The Lessor shall not be liable for any acts or omissions of other people, in particular the entities referred to in Clause 8.1–8.3, or for the use of its services contrary to their intended purpose.
3. The Lessor’s liability for the performance of the agreement concluded under these Regulations and in any other case shall be limited to the value of the User’s last reservation. In no case shall the Lessor be obliged to compensate the User for any damage suffered as a result of non-compliance with the Regulations and additional conditions of the package it selected.
4. The User shall bear full risk, within the limits of its possessions, for the loss of property, damage or destruction of the Coworking Space, in particular its fittings and multimedia equipment, and shall be liable to the Lessor for damage to the common parts of the Building, floors and common areas of the Office Complex, caused by it, its staff, people it used or people whose services it used in connection with its activities under general terms and by the Visitors.
5. In the event of damage caused to the Lessor by the Lessee, the Lessor shall, at its own choice, have the right to require the Lessee to perform actions necessary to restore the previous condition of the lease object, the common part of the Building, the floors and common areas of the Office Complex at the Lessee’s expense, by its own efforts, or the right to perform these actions independently by the Lessor, at the Lessee’s cost and risk, without the need to obtain a court authorisation referred to in Article 480 of the Civil Code.
6. The User shall be liable for damage caused to the Visitors and participants of the event in connection with its organisation and conduct by the User, in particular for the loss and damage to outerwear or other items owned by them.
7. The User shall provide its own insurance of the events conducted in the Conference Rooms as a part of the civil liability insurance in connection with its organisation and conduct.
8. The User undertakes, under Article 392 of the Civil Code, to release the Lessor from the obligation to provide performance for all obligations (public and private) arising as a result of or in connection with the non-fulfilment or improper fulfilment by the User of the obligations laid down in the Regulations or the lease agreement, as well as an illegal act committed by the User, in particular the obligation to take over and satisfy all claims made by third parties in connection with the use of the Coworking Space by the User.
Clause 10 [Parking Space Use]
1. The Parking Spaces may only be used to park passenger cars or delivery vans with a maximum permissible weight of 3,500 kg; however, the car park may only be used by vehicles whose technical condition does not cause hazards, including those related to dirt and devastation.
2. The vehicle user, by entering the car park area, agrees to the conditions laid down in these Regulations and other regulations concerning the car park and undertakes to strictly observe them.
3. Making it possible to use the car park in any way shall not mean that the Lessor accepts responsibility for the property left on it and cannot be treated as taking over the object.
4. If a person authorised by the Lessee to use the Parking Space cannot park due to lack of available free parking spaces in the car park, they should:
a. park in the nearest available parking space in the ground car park without any additional charges;
b. notify the Lessor of such a situation; such notification shall be made to the Lessor’s e-mail address (firstname.lastname@example.org and email@example.com) by a person authorised by the Lessee [the Notification];
c. notify the Building security staff in person or by means of an intercom installed in the car park about the unavailability of the Parking Space. The security guard shall be obliged to make a note of the Notification and issue a ticket authorising the person to leave the car park without any additional charges and may designate another Parking Space in the car park to the User.
5. The Lessee shall be obliged to put their badge behind the vehicle’s windscreen at all times when using the car park. The vehicles must be parked in such a way that they do not hinder parking and traffic to the other users of the car park.
6. Individuals parking their vehicles shall be obliged to follow the instructions of the Lessor, the building administrator and security staff in terms of vehicle traffic and the way of parking.
7. The relevant provisions relating to the lease object shall apply to the issue of a parking card, the release of a Parking Space, payment of the rent and the liability of the Parties and vehicle users towards one another and third parties. The Lessor recognises the person submitting the parking card as authorised to drive the vehicle and enter and leave the car park, and the Lessee shall be fully liable for any damage caused by the use of the car park by such users.
8. If the parking card is lost, this fact should be immediately reported to the Lessor. A duplicate parking card shall be issued on the basis of a report and for an additional fee of PLN 50.00.
9. Road traffic regulations and the maximum permitted speed up to 10 km/h shall apply in the car park, access roads and internal roads of the Office Complex.
10. In case of a) soiling or devastation by the User of any part of the car park above the standard resulting from proper use; and b) gross violation by the User of the road traffic regulations in force in the car park, the Lessee shall be obliged to pay a contractual penalty of PLN 200.00 for each such violation, within 7 days of the date of payment request to the Lessee. The Lessor shall be authorised to claim from the Lessee compensation exceeding the reserved amount of the contractual penalty.
11. In the case a vehicle without a badge that occupies the Parking Space is identified, the Lessor may take action to establish the vehicle user’s data in order to determine their right to park in the Parking Space and possible reasons for their improper parking. If it is impossible to determine the data of such a user or if a vehicle parked in an unauthorised place is identified within the meaning of these Regulations, the Lessor may call a tow truck and tow the vehicle to a guarded car park at the vehicle owner’s expense.
12. It is forbidden to remain in the car park for any purpose contrary to its intended use. The car park is an area where the concentration of exhaust fumes harmful to health may be increased.
13. It is forbidden to:
a. store in the car park any objects other than vehicles, especially flammable materials, as well as to fuel vehicles and fill in operating fluids;
b. leave the vehicle’s engine running outside the time necessary to perform parking manoeuvres;
c. block passageways or evacuation routes;
d. maintain or clean vehicles in the car park, excluding places specially adapted to such purposes;
e. make parking cards available to third parties;
f. drive vehicles outfitted with an LPG system into the garage;
g. open manually barriers or entry roads.
Clause 11 [Personal Data Processing Notice]
1. Data Controller.
The controller of your personal data is Fundacja Gdańsk Global, with its registered office in Gdańsk (80-309) at al. Grunwaldzka 472, entered in the Register of Entrepreneurs and the Register of Associations, other social and professional organisations, foundations and independent public health care institutions, Entry No. KRS 0000421910, Tax ID NIP 5842728414 and Statistical No. REGON 221711394 (hereinafter referred to as the “Controller”).
2. Obtaining the Personal Data Processing Notice.
Please contact the Controller at the contact details indicated in 1 above in all matters concerning the processing of your personal data.
3. Personal Data Processing Purpose and Legal Basis.
The Controller will process your personal data for the following purposes:
a. concluding or performing an agreement with you for the provision of electronic services available on the Website and concluding or performing a Coworking Space lease agreement, as defined by the O4 Space Lease Terms and Conditions and Service Provision Regulations of the Controller, pursuant to Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR”);
b. fulfilling legal obligations incumbent upon the Controller, in particular with respect to the preparation, maintenance and archiving of accounting or tax documentation, pursuant to Article 6(1)(c) of the GDPR;
c. establishment, exercise or defence of legal claims by the Controller related to the activity, your agreement or you, or determining the Controller’s liability or defending against claims against the Controller, before law enforcement agencies or adjudicating bodies, in criminal, civil or administrative proceedings, including tax proceedings, pursuant to Article 6(1)(f) of the GDPR;
d. marketing the Controller’s own products or services, maintaining statistics and improving the electronic services available on the Website, pursuant to Article 6(1)(f) of the GDPR.
4. Provision of Personal Data (personal data recipients).
Your personal data may be provided by the Controller to entities processing data on behalf of the Controller, including entities which the Controller uses or which were provided by the Controller with the performance of activities within the scope of its activity, entities which were provided by the Controller with the processing of personal data, entities providing tax, accounting, advisory, audit, legal assistance, technical or IT services for the Controller, providers of external systems supporting the Controller’s activity, other controllers processing personal data on their own behalf, including entities providing courier, postal, payment or banking services, business partners providing services in the office complex called Olivia Business Centre, located in Gdańsk at al. Grunwaldzka 472, to entities purchasing debts, authorised entities and bodies to which the Controller is obliged or authorised to provide personal data under the applicable law, including law enforcement, debt collection, judicial and administrative bodies.
5. Personal Data Retention Period.
The personal data retention period depends on the legal basis and the purpose of processing such data, taking into account the accountability principle. Therefore, your personal data will be retained for the following periods:
a. personal data processed for the purpose of concluding or performing an agreement concluded with you for electronic services available on the Website and concluding or performing a Coworking Space lease agreement, defined in the O4 Space Lease Terms and Conditions and Service Provision Regulations of the Controller, for the duration of this agreement and after its termination for the period necessary to fulfil the legal obligation incumbent on the Controller and for the period in which the Controller may bear the legal consequences of failure to fulfil this obligation or for the period set in Clause 11.5.c) below;
b. for processing personal data in order to fulfil the legal obligation of the Controller, for the time necessary to fulfil this obligation and the time in which the Controller may incur legal consequences of failure to fulfil this obligation;
c. for the time necessary for the establishment, exercise or defence of legal claims by the Controller related to its activity, your agreement or you or determining the Controller’s liability or defending against claims against the Controller, before law enforcement agencies or adjudicating bodies, in criminal, civil or administrative proceedings, taking into account the statute of limitations defined in the applicable provisions of law;
d. in case of personal data processed for marketing the Controller’s own products or services, maintaining statistics and improving electronic services available on the Website, until a valid objection is raised. For personal data processed for different purposes or on different processing grounds with different retention periods, the total retention period for these personal data shall not be longer than the expiry of the latest retention period.
6. Your Rights
In connection with the processing of your personal data by the Controller, you have:
a. the right of access your personal data;
b. the right to rectify your personal data;
c. the right to erase your personal data (the right to be forgotten);
d. the right to restrict the processing of your personal data;
e. the right to transfer personal data to another controller;
f. the right to object to the processing of personal data, including profiling;
g. the right to withdraw your consent if the Controller processes your personal data on the basis of consent, at any time, without affecting the lawfulness of the processing performed on the basis of consent prior to its withdrawal;
h. the right to lodge a complaint with the President of the Office for Personal Data Protection, if you consider that the processing of data violates the GDPR.
7. Automated Decision Making, including Profiling.
When your personal data are processed, no automated decision making or profiling within the meaning of Article 22 of the GDPR takes place. This means that you are not subject to decisions based solely on automated processing, including profiling, which could have legal effects on you or similarly significantly affect your situation.
8. Data Provision Requirement.
If required by law, the Controller may require you to provide certain personal data, for example to fulfil the Controller’s obligations. In other cases, providing personal data is voluntary, although it may be necessary to conclude or perform an agreement on provision of electronic services available on the Website and to conclude or perform a Coworking Space lease agreement defined in the O4 Space Lease Terms and Conditions and Service Provision Regulations of the Controller.
Clause 12 [Final Provisions]
1. The Lessor reserves the right to change these Regulations at any time. The new version of the Regulations shall each time be made available at least 7 days in advance on the Lessor’s website and shall be binding on the Users.
2. The User shall have the right to lodge a complaint in writing to the Lessor’s address immediately, not later than within 7 days of the occurrence of the reason for the complaint. The Lessor shall examine the complaint within 21 days of its receipt.
3. If it is not possible to resolve the dispute amicably, the court for the City of Gdańsk shall be competent to settle it.
4. The Regulations are available in the Lessor’s reservation system and at the reception desk of the Coworking Space.
5. The Regulations shall enter into force on 01/05/2020.
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See Cobot Terms