TERMS AND/OR CONDITIONS OF USE
The following terms and conditions govern the use of the website and/or platform and/or mobile applicationsand/or any related servicesmade available by Flybyspace. By using and/or participating in our service the user agrees to be bound by these terms and/or conditions of use. We can and may modify, add, or delete portions of these terms and/or conditions of use, including the pricing terms, at any time whitout notice. If you do not agree to these terms and/or conditions of use, you must cease using our service by deleting your subscription. When we change these terms and/or conditions of use, we will post a notice of these changes. Any revisions to these terms and/or conditions of use will become effective the first time you access or use our service. If you do not agree to these terms and/or conditions of use, you are not authorized to use or access our service.
Our service comprises an online platform through which Lessors can create listings for officeofficespace, and coworkers can bookofficespaces directly with the lessors. You understand and agree that flybyspace is not a party to any agreements between lessors and coworkers, and agree that Flybyspace not a real estate broker, not an agent nor an insurer, even if coworker and lessors use theofficespace agreement for their own agreement. Flybyspace has no control over the conduct of lessors nor the coworkers nor other users of our service, nor anyofficespaces, and disclaims all liability in this regard to the maximum extent permitted by law. Notwithstanding anything to the contrary in these terms and/or conditions of use or theofficespace agreement, no portion of the fees will deemed to be compensation for anything other than the provision of our service.
These terms and/or conditions of use include a release by you of all claims for damages against us that may occurdue to your use of our service. By accessing and/or using our service, you agreeto this release.
If you are a resident outside The Netherlands and/or access and/or use our service outside The Netherlands, by accepting these terms, you agree to the arbitration agreement and class action waiver described in the section titled arbitration below to resolve any disputes with us.
The General Data Protection Regulation (GDPR)
In order to make a reservation a workspace from a lessor through our service, or to offer for booking your officespace to a coworker through our service, you must register for a user account. In these terms and/or conditions of use, users that reservate time in aofficespace on our platform are referred to as coworkers and users that offer for booking theirofficespace through our service are referred to as lessors.In order to refer other coworkers to our service and in order to receive a referral fee, you must register for a professional account. In these terms and/or conditions of use, users with professional accounts will be referred to as professionals. A user may be a coworker, a lessor and/or a professional, and may register for both a user account and a professional account.
In connection with registering for and/or usingour service, you agree to provide accurate, current and complete information about you and your organization as requested by Flybyspace; maintain the confidentiality of your password and other information related to the security of your account; maintain and immediatly update the registration, to keep such information current and complete; and you are fully responsible for all use of your account and for any actions that take place through your account.
Lessors
Use of our service by lessors is also governed by our lessorterms, which are incorporated into these terms and/or conditions. By using our service as a lessor, you are consenting to the terms of the lessorterms too.
Professionals
Use of our service by professionals is also governed by our professional terms, which are incorporated into these terms and/or conditions. By using our service as a professional, you are consenting to the terms of the professional terms as well.
Transactions between coworkers, lessors and professionals on the Flybyspace platform
You acknowledge that our service is a forum to allow anyone to find, schedule time in, reserve, book, offer to book, and make available officespaces. Your transactions, communications and interactions with any other users, including any interactions between a coworker and a lessorand/or between a professional and a coworker, including transactions, communications and interactions initiated through our service, are solely between you and such users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that Flybyspace does not itself own or operate anyofficespaces nor does it sell, resell, furnish, provide, rent, re-rent, manage or control anyofficespaces, and Flybyspace does not act as an agent or broker for any lessor or any coworker. Instead, Flybyspace provides our service as a platform and its responsibilities are limited to: facilitating the availability of the platform and app and our service to allow coworkers, Lessors and professionals to communicate directly with one another, and serving as a limited payment collection agent. Flybyspace is not party to transactions or communications between coworkers, lessor and professionals, other than to the limited extent set out in these terms and/or conditions of use. In addition, Flybyspace does not screen Lessors, coworkers or professionals, or the office officespaces themselves; each lessor is solely responsible for screening and assessing any coworker it is considering granting access to its officespace, and each coworker is solely responsible for assessing the suitability of any officespace it is considering using. Flybyspace has no control over the quality, suitability or availability of any officespace, or over the reliability, integrity or conduct of any lessor, coworker or professional.
Agreements between coworkers and Lessors
By completing a reservation for aofficespace via our service, each coworker acknowledges and agrees that it is entering into an agreement directly with the applicable lessorand which include any and all additional terms, conditions and policies provided by the lessor relating to the use of such Officespace, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the lessor.
The following terms in theofficespaceagreement shall be defined for the applicable reservation in accordance with the registration data and profile for the applicable officespace, coworker and lessor.
For Reservations:
In the event of any conflict between theofficespaceagreement and these terms and/or conditions of use, these terms and/or conditions of use shall govern and control.
Because Flybyspace is not a party to theofficespaceagreement between a coworker and a lessor, a coworker’s use of our service is dependent upon such coworker’s compliance with theofficespaceagreement. Consequently, as a coworker, you agree to abide by, and cause your employees, agents, guests, invitees, contractors, directors, shareholders, members and representatives to abide by theofficespaceagreement. In the event of any conflict between the terms and conditions of the house rules and the officespaceagreement, as applicable, the terms set forth in the house rules shall control. Any acknowledgement and acceptance of theofficespaceagreement, as well as of any applicable house rules, by a coworker as a part of completing a reservation establishes an agreement directly between the coworker and the applicable lessor. The lessors, not Flybyspace, are solely responsible for honoring any confirmed bookings and making available anyofficespaces reserved through our service. Coworkers, and not Flybyspace, will be responsible for complying with the applicableofficespaceagreement and performing their obligations under any such agreements. Flybyspace is not a party to those agreements, and Flybyspace disclaims all liability arising from or related to any such agreements. Flybyspace does not act as an insurer or as a coworker’s and/or lessor’s real estate broker.
Flybyspace can and/or may, but has no obligation, to monitor disputes between you and any other users relating to our service. To the maximum extent permitted by applicable law, Flybyspace is not responsible or liable in any manner for any loss or damage arising out of your transactions, communications and interactions with any other users, including any officespaceagreements that you enter into. Flybyspace does not control the content contained in any listings by Lessors or in any collections (as defined below), or the condition, legality or suitability of any officespaces. you hereby release Flybyspace from any and all claims, causes of actions, obligations or liabilities arising from or relating to such transactions, communications and interactions, including any officespace agreements that you enter into, listings on the site, collections sent to you by another user and the quality, conditions or suitability of any officespace.
You hereby acknowledge that you are aware of the following:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
With full awareness and understanding of the above provisions, you hereby waive any rights you may have under any other statutes or common law principles of similar effect.
Payment
You agree to the fees and charges and other pricing terms applicable to your use of our service as specified in these terms and/or conditions of use and as otherwise communicated to you through our service, including any applicable Feesand service charges. All fees and charges paid by users in connection with our service are non-refundable, except as expressly stated in these terms and/or conditions of use. Flybyspace may change the fees and charges for our service at any time whithout prior notice in its sole discretion.
If you are a coworker and you have been duly authorized to book theofficespace by the lessor, when you complete a reservation for aofficespace on our service, you agree to pay the applicable fee for using theofficespace as set forth in the offering for suchofficespace based on the type of reservation booked.
Flybyspace is acting as the lessor’s limited payment collection agent, and the fees paid through this option shall be considered the same as a payment made directly to the lessor.
The amount and timing of the fee payments processed by Flybyspace on behalf of the lessor is based on the type of reservation booked. Any changes you make to your reservation after it is made may result in an adjustment to the payment for the reservation subject to the cancellation terms. In the event you use theofficespace for longer than the amount of time you booked for your reservation, the lessor may adjust the payment for your reservation based on your actual use of theofficespace. If you believe a change to your payment was in error, you may request a refund by providing notice to Flybyspace through our service. Flybyspace may provide you a refund at Flybyspace’s sole discretion. Renewals of reservations, if any, shall be in accordance with theofficespace agreement.
The deposit will be collected by Flybyspace on behalf of the lessor and held for the benefit of the coworker and lessor during the term of the reservation pursuant to the terms and conditions of theofficespaceagreement.
If you are a lessorand/or a professional, you acknowledge that Flybyspace accepts payments from coworkers as a limited collection agent for the lessor and that Flybyspace’s obligation to pay the lessorand/or a professional is subject to and conditional upon successful receipt of the associated payments from the coworker. Flybyspace does not guarantee payments to lessorsand/or professionals for amounts that have not been successfully received by Flybyspace from coworkers.
Any reservations that are cancelled by the coworkerand/or by theofficespace at the coworker's request are subject to the cancellation terms.
Cancellation Terms
Cancellations of anyofficespaceagreement shall be governed by the terms and conditions of thisagreement.
Privacy
Use of our service is also governed by our privacy policy. By using our service, you are consenting to the terms of the privacy policy.
Proprietary rights in platformcontent; Limited Agreements
All content on the platform and otherwise available through our service, including user content, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, are the proprietary property of Flybyspace, its users or its licensors. No content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these terms and/or conditions of use. Users may access and use our service and the content and download or print a reasonable number of copies of portions of the content to which the user has properly gained access solely for the user's personal, non-commercial use, or solely for the purpose of referring third parties to our service or for compiling a collection ofofficespace listings via our service, provided in each case that the user maintains all copyright or other proprietary notices on all copies of such content.
User content posted on our platform
You are solely responsible for your own content, messages, notes, text, information, offerings, images, links and any other content that you upload and publishon our service. You are not allowedto post or distribute user content that you did not create or that you do not have permission to post. You agree that Flybyspace can and may, but is not obligated to, review the content and may delete and/or remove without notice any content in its sole discretion, for any reason or no reason, including content that Flybyspace believes violates the terms and/or conditions of use. Flybyspace has no backup or storage obligations regarding content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you uploadand/or store on the platform.
Flybyspace does not verify the accuracy, completeness, reliability or authenticity of any content, including anyofficespace descriptions oravailability information provided by Lessorsand/or professionals, and makes no representations or warranties with respect to any content.
When you uploadcontent to the platform, you grant to Flybyspace an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide free to use, reproduce, publicly perform, publicly display, modify, translate, excerpt, publish and distribute such content. Subject to the rights granted to us in these terms and/or conditions of use, you retain ownership of your content.
User conduct
You agree not to do any of the following in connection with your use of our service and to otherwise use our service in compliance with these terms and/or conditions of use.
No High Risk Use
You may not use our service in any situation where failure or fault of any kind of our service could lead to death or serious bodily injury of any person, or to physical or environmental damage. High risk use is strictly prohibited, and Flybyspace expressly disclaims any liability that may result from your high risk use of our service or anyofficespace, to the extent permitted under applicable law. The officespaces must be safely accessable and safely used at all times.
Additional Representations and Warranties
In addition to any other representations and warranties in these terms and/or conditions of use, you represent and warrant that:
Third Party Websites and Content
The platform may contain and/or you may be sent through our service links to other web sites as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through the platform or any third party content posted on, available through the platform. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by Flybyspace. If you decide to leave the platform and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
Eligibility
Ourservice is intended solely for users who are 18 years of age or older. Any registration by, use of or access to our service by anyone under 18 is unauthorized and in violation of these terms and/or conditions of use. By using our service, you represent and warrant that you are 18 years of age or older.
Mobile App
Subject to the terms of these terms and/or conditions of use, Flybyspace grants you a non-transferable, non-exclusive license to download, install and use one copy of the mobile app in object code form only on a mobile device that you own or control.
The following terms and conditions apply to you only if you are using amobile app from the Apple App Store. To the extent the other terms and conditions of these terms and/or conditions of use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the mobile app from the Apple App Store. You acknowledge and agree that these terms and/or conditions of use are solely between you and Flybyspace, not Apple, and that Apple has no responsibility for the mobile app or content thereof. Your use of the mobile app must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile app. In the event of any failure of the mobile software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price,if any, for the mobile app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and/or conditions of use. You and Flybyspace acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the mobile app or your possession and/or use of the mobile app, including, but not limited to: product liability claims; any claim that the mobile app fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. You and Flybyspace acknowledge that, in the event of any third party claim that the mobile app or your possession and use of that mobile app infringes that third party's intellectual property rights, Flybyspace, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these terms and/or conditions of use. You must comply with applicable third party terms of agreement when using the mobile app. You and Flybyspace acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these terms and/or conditions of use as they relate to your license of the mobile app, and that, upon your acceptance of the terms and/or conditions of use, Apple will have the right to enforce these terms and/or conditions of use against you as a third party beneficiary thereof.
Disclaimers
Flybyspace is not responsible or liable in any manner for any user content or third party content uploaded and/or posted on our platform, including but not limited to the accuracy of any Officespace descriptions, Officespace availability information or Coworker information. Flybyspace is not responsible for the conduct of any user, including any coworker's non-compliance with any terms, conditions and policies relating to the use of anyofficespace. Our service may be temporarily unavailable from time to time for maintenance or other reasons. Flybyspace shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, user communications or any other content made available via our service. Under no circumstances will Flybyspace be responsible for any personal injury or death resulting from the use of our service, any user content or third party content, or any use ofofficespaces, products or services provided by users.
Flybyspace provides our service, including all content therein, to lessors, coworkers and professionals as is and, except as provided herein, and Flybyspace and its suppliers disclaim any and all other representations and warranties with respect to our service and the officespaces, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Flybyspace cannot guarantee and does not promise to lessors, coworkers and professionals, and lessors and professionals cannot guarantee and do not promise to coworkers, any specific results from use of our service or a officespace. without limiting the foregoing, Flybyspace does not represent or warrant that the software, content or materials made available through our service are accurate, complete, reliable, current or error-free; Flybyspace does not represent or warrant that our service or any officespace reservation or booking will meet your requirements; that any officespace meets applicable legal standards and is safe and suitable for your intended use; and Flybyspace does not represent or warrant that our service will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected, or that our service, or its servers, are free of viruses or other harmful components. This and all other disclaimers set forth above in this section apply to the maximum extent permitted by applicable law.
Limitation on Liability
Flybyspace or its suppliers, or their directors, employees, agents, affiliates or suppliers, will not be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits, lost data, personal injury or property damage, of any nature whatsoever, arising from your use of our service, any content or other materials on, accessed through or downloaded from our service, or a coworker's use of a officespace, even if Flybyspace is aware or has been advised of the possibility of such damages. Without limiting the foregoing, to the maximum extent permitted by applicable law, Flybyspace will not be responsible or liable in any manner for any loss or damage arising out of any transactions, communications, interactions or disputes between a coworker and a lessor or between a professional on the one hand and a coworker or lessor on the other hand. Notwithstanding anything to the contrary contained herein, and to the maximum extent permitted by applicable law, Flybyspace's liability to you or any party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Flybyspace for our service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Termination
Flybyspace may terminate or suspend your account or ability to use our service, in whole or in part, without notice in the event thatyou violate these terms and/or conditions of use, theofficespaceagreement including any applicable house rules or violate any other rules that govern the use of our service, your conduct may harm Flybyspace or others or cause Flybyspace or others to incur liability, you receive negative feedback from other users, or as otherwise determined by Flybyspace in its sole discretion. If we terminate or suspend your account or ability to use our service, any pending or accepted future reservations as either coworker or lessor will be immediately terminated; we may communicate to your coworker or Lessors that such reservations have been cancelled; for lessors, we may refund your coworker in full for any and all confirmed reservations; you will not be entitled to any compensation for reservations that were cancelled as a result of a suspension or termination of your account; andfor professionals, you will not be entitled to any referral fees for reservations that end after the suspension or termination of your account.
Flybyspace may modify our service, and all content, software and other items used or contained in our service, at any time. References on our service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Flybyspace.
You may terminate your Flybyspace account at any time by providing Flybyspace with notice of termination in accordance with the instructions available through our service. Your access to, use of, or participation in our service, including any content therein, may be prevented by Flybyspace at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Flybyspace will remove your Profile and cease displaying your content, including yourlistings if you are a lessor and your collections, on or through our service.
Governing Law; Arbitration
This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity and not as a class action or other representative proceeding.
Informal Process First
You agree that if you have any dispute with Flybyspace relating in any way to these terms and/or conditions of use or from access to or use of our service, you will first contact us and attempt to resolve the dispute with us informally.
Arbitration
If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy, excluding claims for injunctive or other equitable relief, arising out of or in connection with or relating to these terms and/or conditions of use by binding arbitration.
This Arbitration Agreement will survive any termination of these terms and/or conditions of use.
If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to Flybyspace of your intent to arbitrate. The notice must describe the nature and basis of the claim or dispute; and set forth the specific relief sought. The arbitration will be conducted in the Netherlands and be handeled by a Dutch Arbitration Committee.
Each party will be responsible for paying any administrative and arbitrator fees and/or initial filing fees in accordance with arbitration rules, except that Flybyspace will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed € 500 and is non-frivolous. Nothing in this arbitration agreement shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to our service.
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class coworker in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these terms and/or conditions of use, you and Flybyspace are each waiving the right to a trial by jury or to participate in a class action.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this arbitration agreement will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed by the laws of the Netherlands without regard to or application of its conflict of law provisions or your state or country of residence, and will be brought solely in the courts located in the Hague, The Netherlands. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Indemnity
You agree to indemnify and hold Flybyspace harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any user content you post or distribute on or through our service, your use of or participation in our service, your interactions with other users of our service, and any violation of these terms and/or conditions of use, theofficespaceagreement, the lessor’sterms, the professional terms or of any law or the rights of any third party.
The Lessor and Coworker agree as follows:
Agreement
Subject to the terms and conditions of this agreement, the lessor grants coworker a non-transferable agreement to occupy and use theofficespace in the building during the term and the coworker accepts such agreement.
House Rules.
During the term, the coworker agrees to accept the terms, conditions, and policies provided by the lessor relating to the use of theofficespace, including building security procedures, IT access and use procedures, maximum occupancy limitations, specific law requirements and other terms or procedures provided by the lessor. The house rules may be revised and amended by the lessor without the prior consent of, or notice to, the coworker.
Payment.
The coworker agrees to pay the fees, deposits, and taxes for use of theofficespace to the Marketplace Service on behalf of the lessor.
Entire Agreement.
This agreement constitutes the entire agreement between the lessor and the coworker regarding the use of theofficespace and supersedes any prior agreements between the lessor and coworker.
Definitions
Agreement Time means the date and time the reservation is booked through our service;
Lessor means the lessor and the lessor’s email and physical address;
Coworker means the coworker and the coworker’s email and physical address;
Officespace is theofficespace the coworker reserves by booking a reservation through our service;
Maximum occupancy is the value set by the lessor;
Building is the building in which theofficespace is located;
Term is the term of the reservation specified by the coworker and approved by the lessor;
Fees are the fees set by the lessor for theofficespace;
Taxes are the taxes set by the lessor and collected by Flybyspace on the lessor’s behalf.
Marketplace Service means the platform operated by Flybyspace.
AgreementTerms
Compliance
You agree to abide by and cause your employees, agents, guests, invitees, contractors and subcontractors to abide by this agreement and any applicable house rules provided by the lessor.
Possession and Delivery
Theofficespace is accepted by the coworker in its as-is and where-is condition and configuration.If, for any reason, the lessor is unable to provide use of theofficespace at the anticipated beginning of the term, you shall have the right to cancel the agreement and be entitled to a full refund of amounts paid.
Workspace Use and Access
You agree to use theofficespace provided to you for general office purposes only and you may not use theofficespace to carry out any illegal activities or use theofficespace in violation of law, the house rules, or any other reasonable regulations or rules adopted by lessor during the term.Further, you shall not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the officespace or the building.You shall not commit, or suffer to be committed, any waste upon the Officespace or any nuisance or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other occupants in the building.
You agree not to exceed the maximum occupancy of theofficespace.
You shall not make alterations, additions or improvements to theofficespace, including the installation of lighting or any phone or data lines.
You shall not generate, store, install, dispose of or otherwise handle any hazardous materials in the officespace, or in or around the building, in any manner contrary to any applicable law.You shall be liable for the costs of any removal, clean-up and/or remediation of any hazardous materials released by you or your invitees.
You agree that the lessor has the right, to require that you relocate to anotherofficespace in the same building of equal or larger size and similar configuration for the remainder of the term, provided that the fees for such new workspace are no greater than the fees for your current officespace.
The lessor or its authorized representatives may enter theofficespace at any time. Unless there is an emergency, the lessor will, as a matter of courtesy, try to inform you in advance when the lessor needs access to theofficespace to carry out testing, repair or work other than routine inspection, cleaning and maintenance.
Good Care
You must take good care of and not damage, waste or make any changes to theofficespace orofficespace leased or owned by the lessor of which theofficespace is a part of, or the building.You shall not alter, add, replace, remove or damage any furnishings, equipment or other personal property located in, on or around theofficespace, the shared facilities, the lessorarea or the common areas which is not owned by you or your Invitees. At the end of the term, you must deliver theofficespace and all lessorpersonal property to the lessor in good condition, normal wear and tear excepted. If any damage beyond normal wear and tear to theofficespace or the lessorpersonal property should occur while in your care, custody or control, you agree to pay reasonable repair/replacement costs and to notify the lessor immediately upon discovery of such damage occurring, but no later than 8 hours later. You are liable for any damage caused by you or your invitees to theofficespace, the shared facilities, the common areas, the lessorpersonal property or the building.
Common Areas
When available at the building, you may also have access to and non-exclusive use of any portions of the building designated for common use of tenants and others, as, and to the extent, described in the house rules.The common areas may be changed, relocated, altered, eliminated or otherwise modified at any time during the term without the consent of, or notice to the coworker. Unless otherwise set forth in the house rules, the right to parking is not provided under this agreement.
Shared Facilities
When available at the building, you may also have access to and non-exclusive use of any shared office equipment and kitchenettes located near theofficespace on a first-come, first-served basis as, and to the extent, described in the house rules.The lessor may make changes to the shared facilities from time to time during the term including, without limitation, removal of all or portions of the shared facilities without your consent or notice to you.
Keys and Security
All keys or entry cards for theofficespace or the building, which the lessor lets you use, remain the lessor’s property at all times. You will not make any copies of them or allow anyone else to use them without the lessor’s consent. Any loss of keys or entry cards must be reported to the lessor immediately, and you must pay the cost of replacement keys or cards and or changing locks, if required by the lessor.
Name and Address
You may only conduct business in your business name.
Mail and Packages
Mail and packages may not be delivered to you at theofficespace or building unless permitted by the house rules.
Conduct
You acknowledge that the lessor is and will continue to be an equal opportunity employer and that the lessor prohibits any form of discrimination in employment, against any of its employees, its clients or others.Including, on the basis of race, color, creed, religion, age, gender, marital status, sexual orientation, national origin, disability, or other characteristics protected by law. In recognition of this policy, you and your officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers, or invitees shall be prohibited from participating in any type of harassing or abusive behavior to employees of the lessor or its affiliates, other clients or invitees, verbal or physical in the building for any reason. You further agree, upon the request of the lessor, to cooperate with the lessor in its efforts to enforce and maintain its equal employment opportunity, non-discrimination and anti-harassment policies. The lessor may immediately terminate this agreement without cost or penalty if coworker or any of coworker's staff engage in any behavior that the lessor deems is contrary to such policies.
Damages and Insurance
You are responsible for any damage you cause to theofficespace or any lessorpersonal property beyond normal wear and tear. You are responsible for arranging insurance for your personal property against all risks and for your liability to and for your employees and third parties and for maintaining any specific insurance set forth in the house rules. You have the risk of damage, loss, theft or misappropriation with respect to any of your personal property and liability to and for your employees and third parties. You agree, as a material part of the consideration to be rendered to the lessor under this agreement, to waive any right of recovery against the lessor, its directors, officers and employees for any damage, loss, theft or misappropriation of your property under your control and any liability to and for your employees and third parties, including for injuries to you or your invitees in or about the officespace, and you agree to hold the lessor exempt and harmless and defend the lessor from and against any damage and injury to any such person or to such property, arising from your use of the officespace or from your failure to keep the premises in good condition and repair as provided in this agreement. All property in your officespace is understood to be under your control.
Payment
If there are fees for the use of theofficespace during the term, you shall pay the fees and taxes to the Marketplace Service on behalf of the lessor.The fees and taxes are due upon reservation. If payment is not received within 24 hours of the start of the term, the lessor may, at the lessor’s discretion, terminate this agreement without cost or penalty to lessor. During the Term, you shall pay the Fees, Deposit, and Taxes to the Marketplace Service on behalf of the Lessor.
If applicable, the lessor may also include additional one time fees for services provided to coworker not included in the agreement. These services may include but not limited to meeting rooms, photocopying, faxing, catering, etc. The Incidentals will be collected in arrears on the first of every month and paid by coworker via the Marketplace Service.
If any payment due to lessor is not received within 5 days of the due date, the lessor may, at the lessor’s discretion, charge a late fee of 5% of the overdue amount or the lessor may terminate this agreement without cost or penalty to lessor.All remaining fees and taxes for the remainder of the term are immediately due and payable by the coworker.
Cancellation
All fees and taxes paid by coworkers are non-refundable, except as expressly stated in this agreement.
You may cancel this agreement within one hour of the agreement time or before 24 hours of the start of the term and receive a full refund of the fees and taxes already paid.
If you choose to cancel within 24 hours of the start of the term or more than one hour of the agreement time or after the start of the term, no fees or taxes will be refunded.The lessor may cancel this agreement without cause on at least 30 days notice prior to end date.
The lessor may cancel this agreement if a contract has been entered into for the sale of the building or when the safety of the officespace can not be guaranteed.
The lessor shall not cancel this agreement except as provided in this agreement.
Default
You shall be considered in default of this agreement if you fail to comply with any of the terms. Upon any default, the lessorwill have the right to terminate this agreement without notice, in which case you shall immediately surrender theofficespace and the lessorpersonal property to the lessor.If you fail to surrender theofficespace and/or the lessorpersonal property, the lessor may, in compliance with applicable law and without prejudice to any other right or remedy, enter upon and take possession of the officespace and the lessorpersonal property and you shall be liable for all past due fees and taxes, all fees and taxes due for the remainder of the term, all costs incurred by lessor to retake possession of theofficespace andlessor's personal property, and other losses and damages which lessor may suffer as a result of coworker's default.
Indemnity
You agree to indemnify, defend and hold the Lessor, its landlord, if applicable, and any mortgagee harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with your and your invitees' use of a officespace, common areas or shared facilities, or any violation of applicable law, this agreement or house rules. Nothing contained in this agreement shall be construed to create privity of estate or of contract between you and lessor's landlord, if applicable.
Disclaimer
Except as provided herein and in any house rules, the lessor is providing itsofficespace to the coworker as is and where is as lessor disclaims any and all other representations and warranties with respect to the officespace, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Lessor cannot and does not guarantee and does not promise to coworker, any specific results from use of the officespace. Lessor does not represent or warrant that the officespace will meet your requirements; that the officespace meets applicable legal standards or is safe and suitable for your intended use.
Liability
In no event will lessor or its directors, employees, agents, affiliates or suppliers be liable to coworker or any party claiming through coworker, for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits, lost data, personal injury or property damage, of any nature whatsoever, arising from the coworker’s use of the officespace, any content or other materials on, accessed through or downloaded from the marketplace service, or coworker’s use of the officespace, even if the lessor is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, and to the maximum extent permitted by applicable law, lessor's liability to coworker or any party claiming through coworker, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid for the officespace, in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
You understand and agree that marketplace service is not a party to any agreements entered into between coworker and lessor, nor is marketplace service a real estate broker, agent or insurer in connection with this agreement.The parties shall indemnify, defend and hold harmless marketplace service from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with any use of the officespace, or any violation of applicable law, this agreement or house rules.
Suspension of Services
The lessor may by notice suspend the provision of services, including access to theofficespace, for reasons of political unrest, strikes, terrorism, Acts of God or other events beyond the lessor’s or the lessor’s landlord’s reasonable control. This Agreement shall automatically terminate if theofficespace is rendered unusable as a result of a fire, other casualty or a condemnation. As between lessor and coworker, all proceeds of any condemnation award shall belong to lessor and all insurance proceeds of lessor shall be retained by and belong to lessor.The lessor may also suspend the provision of services, including access to theofficespace, in the event theofficespace or the building is being renovated or repaired, in which event you will be relocated to anotherofficespace within the building, or if necessary, to another building, all at the lessor’s reasonable cost.
Sublicensing
You may not sublicense, assign, transfer any interest in this agreement or allow any third party to use any portion of theofficespace, the shared facilities or the common areas.
No Lease
You acknowledge that this agreement is not a lease or any other interest in real property but a short term rental according to Dutch Law ex art. 7:301 BW. It is a contractual arrangement that creates a revocable agreement. The parties do not intend to create a lease or any other interest in real estate for the benefit of coworker through this agreement.The lessor retains legal possession and control of theofficespace assigned to coworker. The lessor’s obligation to provideofficespace and services to coworker is subject, in all respects, to the terms of the lessor’s lease with the lessor’s landlord, if applicable. This agreement granted hereunder shall terminate simultaneously with the termination of the lessor’s master lease or the termination of the operation of the lessorarea for any reason at no cost or penalty to lessor. You do not have any rights under the lessor’s lease with its landlord, if applicable. When this agreement expires or is earlier terminated, your granted agreement to occupy theofficespace shall automatically be revoked. You agree to remove your personal property and leave theofficespace as of the date of such expiration or termination. The lessor is not responsible for your personal property left in theofficespace after expiration or termination. If you fail to remove your personal property, at the lessor’s option, such personal property shall be deemed conveyed to the lessor and shall become the property of the lessor, or be removed from theofficespace by the lessor at the coworker’s expense.
No Broker
You represent that you have dealt with no broker in connection with this agreement.You agree to indemnify, defend and hold the lessor harmless from any claims of any brokers claiming to have represented you in connection with this agreement.
Subordination
This agreement and any applicable house rules are subordinate to any underlying lease, mortgage, deed of trust, ground lease or other lien now or subsequently arising upon theofficespace or the building and to renewals, modifications, refinancings and extensions thereof including the lessor’s lease with the lessor’s landlord and to any other agreements to which the lessor’s lease is subordinate.
Jurisdiction
This agreement shall be interpreted and enforced in accordance with the laws of the country, state or commonwealth in which the building is located.
Confidentiality
Both lessor and coworker agree that during the term and thereafter, the recipient of any non-public information of the other party that is designated as confidential or proprietary, that the receiving party knew or reasonably should have known was confidential or proprietary, or that derives independent value from not being generally known to the public, will not at any time be disclosed to any person by such recipient or used for such recipient's own benefit or the benefit of anyone else without the prior express written consent of a corporate officer of the party that owns such confidential information. The parties agree that if there is a breach of this obligation by either party, the other shall have the right to request any remedy in law and/or equity including, but not limited to, appropriate injunctive relief or specific performance, as may be granted by a court of competent jurisdiction.Notwithstanding the foregoing, coworker accepts all risk to its intellectual property interests used in theofficespace, and neither lessor nor its applicable landlord shall have any liability arising from, your disclosure whether intentional or not of any of your confidential information to any third parties present in or around theofficespace or the shared facilities.
Non-Solicitation
Neither lessor nor coworker nor their respective employees and agents shall knowingly solicit, recruit, hire or otherwise employ or retain the employees of the other during the term and for 45 days following its termination or expiration without the prior written consent of the other party.Either party may solicit or recruit generally in the media.Either party may hire, without prior written consent, the other party’s employee who answers any advertisement or who voluntarily applies for hire without having been personally solicited or recruited by the hiring party.
Flexible Cancellation Terms For Multiple Months Agreements
You may cancel this agreement within one day of the agreement date or at least 30 days before the start date and receive a full refund of the initial payment.
If you choose to cancel after the agreement date plus one day, but less than 30 days before the start date, 50% of the fees and taxes will be refunded, but you are no longer obligated to pay the remaining fees and taxes for the term.The deposit will be fully refunded, if you cancel before the start date.
After the start date, if you cancel the agreement before the term, no refund is available for the then-current calendar month and the next full calendar month and 50% of the remaining unpaid fees and taxes for the term are immediately due and payable unless a default has occurred and is continuing, in which case, 100% of all remaining fees and taxes for the remainder of the term are immediately due and payable by the coworker.
Deposit
The deposit will be held byMarketplace Service during the term as security for the performance by you of all of your obligations under this agreement. The Marketplace Service may apply any portion of the deposit to amounts owed to the lessor for any damage to the lessorpersonal property, theofficespace, the lessorarea, the shared facilities or the building, and any overdue fees or taxes and/or amounts lessor may incur for any losses or costs arising out of your default under this agreement including any damage or deficiency arising in connection with the relicensing of theofficespace, in each case solely at the discretion of the lessor.If, upon the expiration or earlier termination of this agreement, you have fully complied with all terms of this agreement and the house rules, remitted all amounts due and payable, and surrendered theofficespace and all keys, access cards, building passes and all other property provided to you by the lessor including the lessorpersonal property), the deposit shall be returned to you within 60 days after the expiration or earlier termination of the term, less any amounts applied as described above. The Marketplace Service shall not be required to maintain the deposit in a separate account. No interest will be paid on the deposit except as may be required by law. If any portion of the deposit is so used or applied by Marketplace Service during the term, then within 5 days after lessor or Marketplace Service gives written notice to you, you shall deposit with Marketplace Services cash in an amount sufficient to restore the deposit to the original amount.Failure to do so will constitute a default under this agreement.
Renewal
If an end date is specified, the agreement will terminate on the end date with no automatic renewal.
If no end date is specified, the agreement shall automatically renew after the term for additional one-month periods with a maximum of 12 months unless you give the Lessor or the Marketplace Service at least 30 days’ notice prior to the end of the then current term.
If the lessor opts to change the fees and taxes upon renewal, the lessor will provide at least 30 days notice. There will be no additional setup fee for agreements that renew.
If the lessor opts not to renew the agreement, the lessor will provide at least 30 days notice.
Holding Over
For each and every month or portion thereof that you continue to use or occupy theofficespace after the expiration or earlier termination of this agreement, you shall pay lessor an amount which is two times the fee and taxes. Your payment of such amounts shall not be construed to extend the term or prevent lessor from immediate recovery of possession of theofficespace by summary proceedings or otherwise.This section shall survive the expiration or sooner termination of this agreement.The acceptance of any fees after the expiration or earlier termination of this agreement shall not preclude lessor from commencing and prosecuting a holdover or summary eviction proceeding.Lessor and coworker hereby further agree that any statutory right to hold over beyond the expiration date or sooner termination of this agreement is hereby waived to the fullest extent permitted by law.
Miscellaneous
All demands, approvals, consents and notices shall be sent by certified mail or electronic mail.This agreement shall be interpreted and enforced in accordance with the laws of the country, state or commonwealth in which the building is located.If either party institutes a suit against the other for violation of or to enforce this agreement, the prevailing party shall be entitled to all of its costs and expenses, including, without limitation, reasonable attorneys' fees.Lessor and coworker hereby waive any right to trial by jury in any proceeding based upon a breach of this agreement to the fullest extent permitted by applicable law.This agreement may not be modified, amended or terminated, and coworker’s obligations hereunder shall in no way be discharged, except as expressly provided in this agreement or by written instrument executed by the parties.If any term, covenant or condition of this agreement or any application thereof shall be invalid or unenforceable, the remainder of this agreement and any other application of such term, covenant or condition shall not be affected. This agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this agreement to be drafted.Neither lessor nor coworker shall have the right to record this agreement or any memorandum thereof.
Agreement for Brokers and Other Real Estate Professionals
The following additional terms and conditions are part of the terms and/or conditions of use and specifically govern the use of our service by licensed real estate brokers and their associates, realtors, or real estate agent or sales representative.These terms are not available to other users of the Flybyspace service.
The terms and/or conditions of use and these professional policy terms together govern each Professional’s participation in Flybyspace’s Referral Program. Any defined terms used but not defined in these professional terms shall have the meaning ascribed to them in the terms and/or conditions of use.
If you use our service on behalf of a company or other organization, you represent and warrant that you are authorized to bind such company or organization to these Professional Terms and to act on behalf of such company with respect to any actions you take in connection with our service. You agree to respond promptly and completely to requests from Flybyspace for additional information that Flybyspace deems necessary to determine your authority to act on behalf of a company or organization. Flybyspace may suspend or terminate your access, and your company or organization’s access, to our service and your account if Flybyspace has reason to believe that you are not authorized to act on behalf of the company or organization for whom you claim to be acting in connection with our service.
Modification
Notwithstanding anything to the contrary in the terms and/or conditions of use, we may modify the terms and conditions of these professional terms, including the referral fee terms, at any time, effective upon posting an updated version of these professional terms on the platform. If you do not agree to abide by these professional terms, you are not authorized to participate in or continue to participate in the referral program.
Referral Program
Flybyspace will provide you with a unique link for you to distribute to eligible third parties via our service.
Tenant Representative: If a third party is referred by you to Flybyspace via your Referral Link or submitted via email directly to our Flybyspace sales team and the referral books and pays for an eligible reservation via our service within 12 months after registration, then such third party shall be considered a coworkerreferral and you will be eligible for a referral fee as described below. If multiple professionals claim the same coworkerreferral, Flybyspace shall have the right to determine in its sole discretion which professional will be entitled to the applicable referral fees. No referral fees will be paid for bookings on any account owned or controlled by you or your affiliates.
Property representative: If a third party who does not already have a Flybyspace account, registers for our service as a lessor using your referral link or assigns you as the broker representative and lists a new venue via our service within 12 months after registration, and an eligible reservation is booked and paid for at the venue within 12 months after registration, then such third party shall be considered a lessorreferral and you will be eligible for a referral feefor each eligible reservation booked at eligible venue. If multiple professionals claim the same lessorreferral, Flybyspace shall have the right to determine in its sole discretion which professional will be entitled to the applicable referral fees.
Referral Fees
Tenant representative referrals for each coworkerreferral, Flybyspace will pay you a referral fee equal to 5% of our servicecharges actually received by Flybyspace for any eligible reservations booked by the referral as a coworker. Eligible Reservation means only a reservation booked under a lead. Flybyspace will pay you any referral fees accrued on a monthly basis within 30 days after the end of each month in which payment is actually received by Flybyspace for the applicable eligible reservation. Flybyspace may apply as a credit against future referral fees any fees refunded for the applicable eligible reservation. You shall be responsible for payment of any and all national, state, and local taxes and charges arising from or imposed on the referral fees. Flybyspace may change the referral fees at any time in its sole discretion.
Property representative referrals for each lessorreferral, Flybyspace will pay you a referral fee equal to 2% of our servicecharges, excluding special service fees, actually received by Flybyspace for any eligible reservations booked by the referral as a coworker. Eligible reservation means only a reservation booked under a lead. Flybyspace will pay you any referral fees accrued on a monthly basis within 30 days after the end of each month in which payment is actually received by Flybyspace for the applicable eligible reservation. Flybyspace may apply as a credit against future referral fees any fees refunded for the applicable eligible reservation. You shall be responsible for payment of any and all national, state, and local taxes and charges arising from or imposed on the referral fees. Flybyspace may change the referral fee at any time in its sold discretion.
Additional Representations and Warranties
In addition to any other representations and warranties in the terms and/or conditions of use, you represent and warrant that:
Release
You hereby unconditionally release Flybyspace from any loss, liability, claim, demand, damage, costs and expenses, including reasonable attorneys’ fees, which you now have of have ever had against Flybyspace relating in any way to your use of our service. You hereby acknowledge that you are aware of:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
With full awareness and understanding of the above provisions, you hereby waive any rights you may have under any statute or common law principles of similar effect.
Relationship of the Parties
You are an independent contractor and are not an agent or employee of, and have no authority to bind Flybyspace by contract or otherwise.
Governing Law; Arbitration
This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity and not as a class action or other representative proceeding.
Informal Process First
You agree that if you have any dispute with Flybyspace relating in any way to these professional terms or from access to or use of our service, you will first contact us and attempt to resolve the dispute with us informally.
Arbitration
If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy, excluding claims for injunctive or other equitable relief, arising out of or in connection with or relating to these professional terms by binding arbitration.
You agree that the arbitration governs the interpretation and enforcement of this provision, and that you and Flybyspace are each waiving the right to a trial by jury or to participate in a class action. This arbitration agreement will survive any termination of these professional terms.
If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to Flybyspace of your intent to arbitrate. The notice to Flybyspace should be sent by sending the notice by registered or certified mail. The notice must describe the nature and basis of the claim or dispute; and set forth the specific relief sought. The arbitration will be administered by the Dutch Arbitration Committee by a single arbitrator. The arbitration will be conducted in the Hague, The Netherlands.
Each party will be responsible for paying any administrative and arbitrator fees and the initial filing fees in accordance with arbitration rules, except that Flybyspace will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed € 500 and is non-frivolous. Nothing in this arbitration agreement shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to our service.
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class coworker in any purported class or representative proceeding, and, unless agreed otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these professional terms, you and Flybyspace are each waiving the right to a trial by jury or to participate in a class action.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed by the laws of the Netherlands without regard to or application of its conflict of law provisions or your state or country of residence, and will be brought solely in the court located in the Hague, The Netherlands. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
