§ 1 Scope
(1) The following terms and conditions apply to all services and offers of use (hereinafter: Services) of if5-Haworth GbR which it provides to its clients / contract partners (hereinafter: Customers) in the so-called OffX am Park 4 in 10785 Berlin, Germany. Differing terms and conditions of Customer shall not be valid without an express written confirmation by if5-Haworth GbR.
(2) The offer is aimed at both, private customers as well as entrepreneurs. An entrepreneur shall be any natural or legal entity or legal organization that acts in its commercial or independent professional capacity when signing the contract.
(3) Inasmuch as additional services are provided by any third party, there exists a contract and performance relationship between customers and third party providers exclusively.
§ 2 Services of if5-Haworth GbR
All services, spaces, workplace offers and available hours of if5 Haworth GbR are listed under www.offx.net and displayed in a list, as a map and in calendar form. The customer can choose between different services.
(1) The scope of services on the one hand is the provision of time-flexible office workplaces in the so-called OffX Co-Working and the so-called OffX Co-Office.
In Co-Working, the customer can choose between the standard services Co-Working Place Basic, Workbench and Meeting Room. Event services are also bookable.
The Co-Office segment can only be booked as a complete area.
(2) The scope of services also includes the provision of so-called OffX additional services. These are: OffX Services, OffX Technology and OffX Catering.
(3) Depending on the selected type of services, the options for use may be restricted to a certain use and/or time. Tariffs with flexible workplaces do not guarantee the availability of workplace vacancies at all times.
§ 3 Customer Registration
if5 Haworth GbR operates the website www.offx.net with the exclusive possibility of online bookings for standard services (see § 2 (1) Sect. 2-) via the web browser www.offx.net. Bookings on mobile devices are not possible. For all bookings, the customer must first register on www.offx.net whereby the data requested during the registration must be stated correctly and in full. The password sent after registration via e-mail must be kept confidential by the customer. Any changes in the requested data shall be notified immediately or must be changed by the user online. Registration of a legal entity may only be performed by an authorized representative. The general terms and conditions must be accepted.
§ 4 Conclusion of Contract
(1) Upon booking, the customer submits a binding offer to conclude a contract with if5-Haworth GbR. By if5-Haworth GbR sending the booking confirmation via email to the email address specified by the customer, a contract is established in accordance with the tariff chosen by the customer.
(2) The contract conclusion for the standard services of Co-Working Place Basic and Meeting Room takes place via the OffX booking system in the Web version www.offx.net.
The booking process consists of 3 steps:
In Step 1, the customer registers in accordance with § 3.
In Step 2, the customer selects the desired services.
In Step 3, the customer has the opportunity to double-check all the information and to correct it, if necessary, prior to the clicking the button "payment-requiring booking", thereby submitting a binding offer (= placing the order).
A contract between the customer and if5-Haworth GbR is established only by submitting the declaration of acceptance/confirmation which the customer receives in an e-mail from if5-Haworth GbR.
(3) The conclusion of a contract for all other services shall take place after the registration pursuant to § 3 of these Terms and Conditions by a booking request via email@example.com. The customer then receives from if5-Haworth GbR a separate written contract to be signed by both parties.
§ 5 Prices, Tariffs and Payment Terms
(1) All prices are in reference to the specified services only. These are final, including the statutory VAT. Additional services are charged for separately. All prices, services and tariffs can be accessed at www.offx.net under the respective price lists or are specified in the individual agreements.
(2) One-time amounts for standard services shall be paid locally at OffX after the services have been rendered, either by SEPA direct debit or credit card (MasterCard, American Express, VISA).
In case of regular monthly payments, these shall be paid no later than the 3rd working day of each month via SEPA direct debit or credit card. The timeliness of payment shall be verified by the date of payment receipt in the account of if5-Haworth GbR.
(3) Payment of all other services shall be subject to the written agreements.
§ 6 Offsetting, Right to Retention
(1) Customer shall have the right to offset payments only if his counterclaims have been legally established or are undisputed by if5-Haworth GbR.
(2) Customer shall have the right to retention only insofar as a counterclaim exists from the same contractual relationship.
§ 7 Data Protection / Notes on Data Processing
(1) if5-Haworth GbR collects, stores and processes customer data as part of contract performance. Without consent of the customer, if5-Haworth GbR shall only collect, store, process and/or use the inventory and usage data of customers to the extent necessary for the performance of contracts and for the exertion of telecommunication settlements.
(2) Without the consent of the customer, if5-Haworth GbR shall not use the customer data for purposes of advertising, market or opinion research.
(3) Customer has the option at all times to retrieve the data stored about him by using the button "Administration" in his profile. He also has the option to change or delete the data stored about him by sending the respective e-mail to firstname.lastname@example.org. Furthermore, reference is also made in terms of the customer’s consent and additional information on data collection, processing and use in the data privacy statement which is available in printable form at any time by clicking on "Privacy” at the website www.offx.net.
§ 8 Rescission by Customer (Cancellation), Cancellation Fees, Cancellation by if5-Haworth GbR
(1) In case of cancellation of the OffX services up to 3 months before the start of use, 10% of the agreed-upon total price shall be charged.
(2) In case of cancellation of the OffX services between 1 month and 3 months before the start of use, 25% of the agreed-upon total price shall be charged.
(3) In case of cancellation of the OffX services between 10 working days and 1 month before the start of use, 50% of the agreed-upon total price shall be charged.
(4) In case of cancellation of the OffX services between 5 and 9 days before the start of use, 75% of the agreed-upon total price shall be charged.
(5) In case of cancellation of the OffX services of less than 4 business days before the start of use, 100% of the agreed-upon total price shall be charged.
(6) If an agreed payment is not made, if5-Haworth GbR in turn shall be entitled to withdraw from the contract. Furthermore, if5-Haworth GbR shall be entitled to withdraw from the contract for objectively justified reasons. This, for example, may be due to: a) force majeure b) other circumstances for which if5-Haworth GbR is not responsible that render the performance of the contract impossible, c) workplaces or spaces were booked under the provision of false or misleading information, d) if5-Haworth GbR has reasonable grounds to believe that the use/event might jeopardize the smooth operation, the safety or the reputation of if5-Haworth GbR. In case of a justified cancellation by if5-Haworth GbR, all claims for damages of the customer shall be excluded.
(7) Any rescission and cancellation must be made in writing, specifying the services booked.
§ 9 Contract Execution
(1) The workplaces, spaces and services must only be used by the client for the designated operation and the stated purposes. Any change in the operation and/or objective shall require the express written consent of if5-Haworth GbR.
(2) Flexible workplaces shall be completely cleared and cleaned by the customer at the end of each working day.
(3) The contractual relationship shall not be transferable to third parties except for the Workbench services, which can be transferred to a second user in accordance with the charges listed under www.offx.net.
(4) No subletting or transfer for use of the licensed workplaces and/or spaces to any third parties not included in the contract shall be permitted.
(5) Customers with the contractually agreed fixed workplace or space shall be obligated to provide these workplaces or spaces to if5-Haworth GbR in the evenings for event purposes, provided that such event had been previously announced to the customer within a reasonable time frame (at least 24 hours prior) and is not contrary to the legitimate interests of the customer. The announcement can be found in the online calendar at www.offx.net. These customers are also obliged to provide the if5 -Haworth GbR their workplace and their areas of maximum 2 days per year for internal events. The customer will be informed in this case two months ago. The lost time will be compensated. The amount corresponds to the pro rata agreed prices / tariffs.
(6) If5-Haworth GbR may perform repairs, maintenance work and structural changes that are appropriate for the preservation and expansion of the building or the workplace or to prevent risk or to remedy damages after setting a reasonable deadline, in coordination with the customer. In case of imminent danger, the client's consent and imposition of a deadline shall not be required. The customer shall be obliged to always keep his workplace accessible for such cases and, where required, to evacuate the workplace immediately. In case of reasonable work performances, the customer shall have no claim to reduction or compensation, unless the use of the workplace is hampered or excluded over a disproportionately long time.
(7) If5-Haworth GbR shall not be liable for interruptions and delay of the agreed services due to force majeure, labor disputes and other, not to be taken by their delays or hindrances for which if5-Haworth GbR is not culpable. Force majeure consists in particular of strikes, lockouts, traffic obstructions, weather effects, failures of the Internet and communication networks, partial or total destruction of property, and sovereign measures.
(8) The customer shall be solely responsible for his acts and omissions when using the Internet and must comply with § 10 in particular.
(9) During events at OffX, photographs and video recordings may be taken and published on the Internet (e.g. on YouTube, Xing, Facebook, www.offx.net). By registering/booking, the customer agrees with the above. The customer may withdraw this advance consent at any time.
§ 10 Improper Use of Provided Services
The customer shall be subject to the legal regulations and restrictions in terms of queries, storage, transmission, distribution and presentation of data.
(1) The use for illegal or not agreed purposes is prohibited.
(2) The customer undertakes not to use the services in a way that lead to the damage, destruction, overload or other non-usability of the provided infrastructure and not to interfere with other customers.
(3) In case of any culpable, unauthorized use which results in damages to if5-Haworth GbR, the customer must compensate such damages.
§ 11 Access Requirements and Rules of Conduct
(1) Customer shall have be granted access to OffX, depending on the provisions of the chosen tariff, on weekdays during opening hours which are available on www.offx.net. The customer must check in and out according to the following paragraph (2) and (3).
(2) Check-in: The customer must log in with the OffX Manager. The booked period starts from the time and date that the customer selected in the accounting system, regardless of when the customer actually signed in.
(3) Check out: The customer logs off with the OffX Manager. The services will be charged accordingly. Partially used hours will be billed at 15 minute increments. If the customer fails to log off, the time will be charged until the end of the opening hours. Additional services (OffX Service, OffX Technology and OffX Catering) will be charged in this case at a flat rate per person.
(4) If5-Haworth GbR reserves the right to expel clients from the property in case immoral, offensive or general behavior detrimental to the business. The respective House Rules apply.
§ 12 Warranty, Liability, Insurance Coverage
(1) In all cases where if5-Haworth GbR, in the course of business, is liable for damages or compensation on contractual or legal grounds, it shall only be liable for intentional or grossly negligent acts or injury to life, limb or health. This does not affect its liability for the culpable breach of essential contractual obligations and guarantees. However, such liability shall be limited to foreseeable and contract-typical damages. The liability for consequential damages, in particular loss of profits or damages of third parties, shall be excluded, unless if5-Haworth GbR is culpable of intent or gross negligence.
(2) The customer has carefully reviewed the booked services, specifically the booked workplaces, prior to the signing of the contract on www.offx.net. The customer is aware that the workplaces may be located, depending on your tariff, in an open community office (Co-Working), and that in this case the leased workplaces cannot be locked separately. In light of this situation, the customer waives any claims for mitigation or compensation of damages.
(3) If5-Haworth GbR shall assume no liability for any infringement of third party rights through the work of the customer, and also not for the transmission of data and data carriers by the customer. The customer shall be responsible for ensuring that no violation of competition, copyright, trademark, or other laws occur in the context of the contractual relationship with if5-Haworth GbR. In the case of an infringement by the customer, if5-Haworth GbR shall be indemnified toward any third party claims. The customer shall reimburse if5-Haworth GbR for the costs of legal proceedings in the amount of the statutory attorney fees in the event that if5-Haworth GbR is taken to court by third parties as the result of an infringement claim.
(4) The customer shall be responsible for the sufficient safe locking of closets, drawers or alike. if5-Haworth GbR shall not be liable for any stolen, lost or damaged items. We shall not accept any liability for wardrobe. Each customer shall be self-responsible for his property and data. No insurance coverage is provided for property items of the customer.
§ 13 Duration of Contract, Termination
(1) Open-ended contracts may be terminated by either party by giving 6 weeks’ notice effective the end of a calendar month without cause.
(2) For fixed-period contract conditions (such as monthly or annual memberships), the contract terminates on the agreed date without notice of termination.
(3) The right to early termination for cause without notice shall remain in effect.
§ 14 Termination of Contract
(1) The customer shall treat the objects provided with care, and shall return such items to if5-Haworth GbR after termination of the contract in a contract-compliant, defect-free and serviceable condition, cleaned and thus uncontaminated. Any damaged or lost furnishings must be replaced by the customer. Unless carried out by the customer, the end cleaning and necessary repair of a workplace, if any, shall be charged at a flat fee of EUR 50 per workplace. The assertion of a higher amount is hereby reserved.
(2) Any items or documents left behind may be stored or removed by if5-Haworth GbR at customer’s expense if are not picked up despite a request to do so. A storage obligation does not exist.
(3) Upon termination of the contract, the customer shall be solely responsible for the proper signing-off of the customer, if needed, and also for the forwarding of any mail sent to the address of OffX. There is no obligation for if5-Haworth GbR to forward any mail to former customers after termination of the contract.
(4) If the customer does not return the workplace or spaces within the specified deadline, the customer shall be liable for all damages caused to if5-Haworth GbR by the late return, even if they exceed the amount of the agreed prices/tariffs.
§ 15 House Rules, Opening Hours, Others
(1) If5-Haworth GbR shall be entitled to change individual service offers which are not an essential element of the overall performance, provided that the modifications are reasonable, taking into account the interests of the customer.
(2) If5-Haworth GbR continually provides information on the opening hours and the range of services of OffX under www.offx.net. The opening hours may be extended or shortened, if necessary and reasonable. This also applies in case of holidays, due to revisions, renovations or cleaning. if5-Haworth GbR shall announce changes in opening hours and closures of the premises reasonably in advance.
(3) The customer y hereagrees to follow the instructions of staff and to observe the house rules and/or OffX rules. In case of gross and/or repeated violations, if5-Haworth GbR shall be entitled to issue a ban, and may issue an extraordinary dismissal.
§ 16 Applicable Law, Jurisdiction
(1) This contract is subject to the laws of the Federal Republic of Germany, excluding the CISG. For the consumer, this legal prioritization shall apply only to the extent that it does not restrict any compelling legal provisions of the country in which the customer has his domicile or habitual residence.
(2) Inasmuch as the customer is a business entity, a legal entity under public law or a public special asset, the jurisdiction for all disputes arising out of or in connection with this contract, including these Terms and Conditions, shall be with the courts of Berlin, Germany.
Status of these General terms and Conditions: June 2015