Wrkshop Studio Voorburg Membership Terms and Conditions
Membership: This refers to anyone who is co-working in the Wrkshop office, including day rate drop ins and membership subscriptions.
TERM AND TERMINATION:
2.1 Effective Date The Agreement is effective from the Purchase date.
2.2 Term of the agreement is set out within the membership subscription you have selected, unless this Agreement is terminated by one of the parties in accordance to its terms.
2.3. Termination for convenience after the Start Date: From the start date the monthly subscriptions are available for cancellation by the consumer on wrkshopstudio.com prior to the next monthly charge. For annual memberships cancellation will happen automatically after 12 months, when the member is able to renew their membership at the new published price.
2.4 Suspension or termination for cause by Wrkshop. Wrkshop reserves the right to (temporarily) suspend it’s services or terminate the Agreement with immediate affect, in the event of;
(A) termination, expiration or material loss of the rights of Wrkshop, which prevents Wrkshop to perform under the Agreement;
(B) Use of the Office or Workspace in breach with Article 6.1 and/or Article 6.2;
(C) Any late payments as set out under Article 4.5;
(D) A formal request for the suspension of payment or liquidation or other insolvency proceedings in which You are involved;
(E) a Force Majeure last more than 15 days; or
(F) any other breach of this Agreement by You or any Members at you Member List. If the breach regards a repairable breach, Wrkshop will grant You a reasonable period of no more than 5 working days to repair the breach.
In case of suspension or termination under this Article 2.44, You remain liable for any amounts due under the Agreement and such termination will be without prejudice to Wrkshop rights to collect Payments or any other damages Wrkshop may have incurred. Wrkshop will not be liable to You for a suspension or termination in accordance with this Article 2.44.
POST TERMINATION OBLIGATIONS:
3.1 Your last day when your Membership ends, you shall properly remove all your belongings from Wrkshop and is it You responsibility to that all Members within your members list adhere to this article 3.1.
4.1 First Payment: The first payment is due upon purchase of the Membership. The first payment consists of:
(A) the Membership Fee for the first month or full year.
The invoice for the payment will be sent to you on sign up, and subsequently for each month if applicable.
4.2 Subsequent Payment / Membership Fees Any subsequent payments of the membership fee shall continue on a monthly basis via your chosen method of payment in the membership portal. The payment will be collected on a monthly recurring basis on the date of which your original membership was purchased (Payment Date). The invoices for your monthly membership fees are uploaded in Your Membership Portal.
4.3 Additional Services As part of the Payment , and in addition to your Membership fee we will charge costs for additional services as used, such as food, extended team days, use of meeting spaces beyond the included. Membership entitles you to 10% discount on all full priced offerings from Wrkshop.
4.4 Late Payments: In the event of Wrkshop is not able to collect or only partly collect a payment on Payment Date, or if the payment is reversed after the payment date, Wrkshop will send you a default notice for the relevant payment providing you with an additional payment period of 7 days. If you fail to pay within this period your membership if immediately cancelled.
4.5 Consequence of Late Payments: in the event of a late payment or payment that is reversed after the payment date. Wrkshop has the right to immediately suspend or terminate the Agreement in accordance with Article 2.4(c).
4.6 Annual Increase Every 1st January Wrkshop has the right to index the monthly membership fee with a percentage equivalent to the annual increase of the (Dutch) Consumer Price Index as published by Statistics Netherlands (CBS). If you are on an annual membership this will come into affect for your next term after the completed 12 months.
5.1 Description of the services: From the commencement date and in return for the payment, You have the right to use the office/workspace set out on the contract. You also have the right of certain member benefits and service as laid out in the contract.
(A) Access: every member is able to access the space within opening hours Monday- Friday 8.45-17.30. Wrkshop reserves the right to close the space up to 1 day per week for private rental with no prior notice, although we will always do our best to give a 2 weeks notice period.
(B) Member List: With the exception of guests/client meetings only Members can access Co-working. Wrkshop does not accept any responsibility and/or liability whatsoever as regards the correctness, completeness, and/or accuracy of the Member List. The head user has the right to adjust the Member List as set out in Article 5.3(D)
(C) Head User The Head user has the sole authority to alter or terminate the agreement in accordance with its terms, and it the first point off contact for Wrkshop for any matters regarding the agreement.
(D) Updates to the Member List; When replacing or adding a Member on or to the Member List (relevant for Partner and Business Memberships), the Head User must update the relevant form their membership portal with the new member name and email address, ensure the new member registers themselves in the membership portal as well as verbally communicate this to Wrkshop, as well as the effective date for when someone is removed/added to the membership. Upon confirmation by Wrkshop the Member List will be updated and take affect.
5.3 Access to Workspaces and Offices:
(A) Guests/Client Meetings per business day, and during opening hours. Every member may invite up to 2 guests per month complimentary, meetings can last a maximum of 90 minutes. Any more guests are charged at the drop in rate (-10% member benefit).
(B) Meeting Rooms; Subject to availability, Members can boom a meeting room for their guests. Meeting rooms can be booked upfront or on the day. Wrkshop reserves the right to rent meetings rooms to third parties and/or use the meeting rooms/common areas for private events. Meeting Rooms can be used by each member as they are available in a mindful and conscious approach to others members. Wrkshop reserves the right to ask members to vacate the office space with no notice.
(C) Workspace/Office not timely available: If Wrkshop is unable to make the workspace or meeting space available, Wrkshop is not liable for any consequence thereof and does not affect the validity of the agreement. In such case (outside of 1 day per week as per the agreement in the membership and national holidays), any payments will be pro rata back to you.
(D) Access to workspace and office space by Wrkshop. We, including any third parties designated by us, reserve the right to access all Workspaces and Offices, with or without prior notice. For safety or emergency purposes or for any other legitimate purpose, including maintenance. To this end, we also reserve the right to remove, alter and change furniture within the workspace and offices as we see fit.
5.5 INTERNET AND TECHNOLOGY
(A) WIFI Every member will get access to the WIFI network of Wrkshop co-working. Due to WIFI network failures, power outages or other reasons, loss of documents, and/or files can occur. Members should back up their files frequently. We cannot be hold responsible or liable for any claims, damages, loses or costs resulting or arising directly or indirectly from Members’ use of or inability to use the WIFI network of Wrkshop, nor will there be any refunds or payments.
(B) Software/Technology For the proper performance of the Member Portal and/or other technical (computer) systems used by Wrkshop it may be necessary to install software on a members computer, tablet or other electronic device. Further, upon a Members request, We (or a third party engaged by us), may assist in managing problems a Member may have in relation to the member portal or other systems. In this regard you agree that neither We (nor a third party engaged by us);
(I) are liable for any kind of damage to a Members computer, tablet or other electronic device or system, such in the broadcast sense of the word, which may result of (technical) support and/or installation of any software.
(II) offer any kind of warranty, either expressed or implied, regarding any of such technical support.
6.1 Use of Workspaces and Offices; Members may use the workspace and/or offices for all commercial purposes that can be reasonably performed in an office as well as for private purposes. Members may not use the workspaces and offices for commercial activities that would not ordinarily be carried out in an office or which require the acquisition by the member or Wrkshop of compulsory consents, licenses, or permissions of any nature or as set out in article 6.2
6.2 Prohibited use of the Workspace and Offices.
(A) Retail use of workspace and/or office for retail purposes is not permitted unless specifically authorised by Wrkshop and appropriate parameters and timelines is adhered to.
(B) Illegal Activities Use of the Workspace and/or office for the purpose of any illegal activities that may reasonably considered to be against public decency , all in the broadest sense of the word, are prohibited.
6.3 Safety and Security
(A) Identified Damages in case of any damage to properties of Wrkshop, musty be immediately reported to Wrkshop, thereby Wrkshop will repair the damage in a reasonable time period
(B) CCTV surveillance. For the purpose of safeguarding the security of all the visitors to the workspace/office we may install video surveillance. We will do our best to safeguard members and members property but we encourage you to take out a fire and theft insurance policy.
(C) We do not control and are not responsible for the actions of any other members and/or their guests. Should a dispute arise between members and/or their guests, Wrkshop shall have no obligation to participate, interfere, mediate or indemnify any party whatever and we reserve the right at any moment to remove parties involved in the dispute from the premises.
6.4 Privacy and Intellectual Property Rights
(B) Intellectual Property The (intellectual) property rights relating to design and content of co-working including but not limited to text, data files, photos, (still and/or moving) images, audio material are held by TSH co-working or our licenses.
Without the prior written consent of Wrkshop, any reproduction (including processing) and/or disclosure of intellectual property rights is prohibited.
(C) Use of company name and trademarks During the term of agreement and without prejudice to a Members intellectual property rights, Wrkshop is entitled to use a Members company name(s) and/or trademarks for promotional purposes such as a promotion for co-working on the Wrkshop website. This includes content for social channels whilst in the Wrkshop workspace and office, unless specifically requested not to be the Member to Wrkshop.
7.1 Responsibility Head User You are responsible for the adherence of all the Members to the terms of Agreement and the House Rules. By entering into the Member agreement the Head User accepts the liability for any damages Wrkshop may incur as a result of Members or Guests breach of the Agreement and/or House Rules
7.2 Waiver of Claims To the maximum extent permitted by law, You, on Your own behalf and on behalf of the Members and any Guests, waive any and all claims and rights against Wrkshop and parties engaged by Wrkshop, such in the broadest sense of the word, resulting from (physical) injury or damage to, or destruction, theft, or loss of, any property and/or person.
7.3 Liability and Indemnification To the maximum extent permitted by law, Wrkshop’s liability is limited to direct damages and any and all liability of Wrkshop co-working and/or any party engaged by Wrkshop, such in the broadest sense of the word, will not exceed the total Membership Fees paid by You to us under this agreement during as period of 12 months prior to the claim arising. To the maximum extent of the law, You will indemnify Wrkshop and any party engaged by Wrkshop, such in the broadest sense of the word, from and against any and all claims, liabilities, and expenses resulting from any act or omission by You, the members or guests.
8.1 Governing Law The agreement is construed under and governed by the laws of The Netherlands, with exception of its conflict of law rules.
8.2 Competent Court. In relation to any dispute arising out of or in connection with the agreement or house rules the parties will first and foremost attempt in good faith to resolve the issues. If Parties fail to reach a resolution, the dispute shall exclusively be brought before the court of Amsterdam, The Netherlands (Rechtbank Amsterdam).
8.3 Consumer Laws Nothing in these general terms and conditions prevent consumers from exercising any statutory rights they may have under the applicable law.
8.4 Severable Provisions Each and every provision in this agreement shall be considered severable. To the extent that any provision of this agreement is held to be invalid or void, this Agreement shall be considered amended to the smallest degree possible in order to make the agreement affective under applicable law.
8.5 Notices Any notices under this agreement may be given by email to the email addresses provided by the other Party.
8.6 Disclosure of information To the extent by law, rule, regulation, court or government order or anything similar to these.
8.7 Headings. The headings of this Agreement are do the ease of reference only and are not to be used to interpret or construe any provision of the Agreement. Any use of ‘including’, or ‘such as’ in this Agreement should be read as being followed by ‘without limitation’.
8.8 Assignment You may not transfer or otherwise assign any of your rights or obligations under this Agreement without the prior written approval of Wrkshop.