Terms and conditions of “KO-OP” Coworking Space
I. General
1. The Terms determine the conditions under which "Avant-poste" Ltd, with management address 17 "Yanko Sakazov" Blvd, and for the purposes of this contract, "KO-OP" with the name of the business premises managed by the company, leases to tenants a co-working space, as well as providing additional services. In this sense, a co-working space means a workspace in which one or more tenants can hire a place to work on a daily, monthly or annual basis. The co-working spacе can not be used for residential or other purposes other than those mentioned unless otherwise agreed in the lease.
2. The tenants of the space can be both physical and legal entities.
3. The working space is located on 17, Yanko Sakazov Blvd., ground floor.
4. These General Terms and Conditions are an integral part of the lease agreement and, by signing it, the tenant confirms that he/she is familiar with and agrees with them. The terms and conditions are mandatory unless otherwise stated in the lease agreement.
5. The “KO-OP” has the right to modify the Terms and Conditions at any time and undertakes to inform its tenants in due time about the changes made by publishing the amended terms and conditions on www.ko-op.bg and by notifying each of the tenants. In case the tenant does not express a written disagreement with the changes made within 10 calendar days from the date of notification, he/she is deemed to agree to the respective changes.
II. Types of services offered
1. Rental of a co-working place or office, including internet access, office equipment, office supplies, conference space, ergonomic furniture, electricity bills, water and heating, daily cleaning, shower, shared kitchen, unlimited drinking of filter coffee, tea or water; outdoor terrace and a recreation area, postal and courier services, telephone booth.
2. Additional services included in the package, which are liable to an extra charge except the rental price: 24/7 access, printing, scanning and copying, use of meeting rooms and events space with an advance reservation; organizing events, including catering; rental of event equipment; mediation in the selection of consultancy services; affiliate discounts, individual lockers, snack shop, electric scooter.
III. Packages and prices offered
Appendix 1 – Packages and prices, an integral part of the terms and conditions
IV. Signing a contract
1. The contract is signed between “KO-OP” and the physical or legal entity, the legal entity doesn’t have the permission to give or to transfer the contract and its services to third parties.
2. The lease agreement with the tenant is considered concluded from the date of its signing on paper from both sides.
3. The lease term shall begin from the date of its conclusion unless the parties have expressly agreed on a specific date from which it begins.
4. The terms and conditions are an integral part of the lease agreement and are published and freely available on the KO-OP website – www.ko-op.bg. By signing the lease agreement, the tenant confirms, that he/she is aware of the terms and conditions and accepts them. In case the terms and conditions are not available on www.ko-op.bg, the KO-OP is obliged to submit them in paper before or after the conclusion of the lease agreement and to request the re-signing of each page by the tenant.
5. The Lease must include the package chosen, the term for which it was concluded and the price.
V. Access
1. “Hot desk” members have free access to the co-working space from 9:00 a.m. to 8:00 p.m every day of the week.
2. The members of “Your desk”, “Your KO-OP desk” and “Your office” have unlimited 24-hour access every day of the week and receive an individual access card.
3. The members are obliged to observe the conditions for access to the co-working space, as well as to ensure compliance with the requirements for safety and security of the building, which can be established by the KO-OP.
4. The member undertakes not to provide his/her individual access card to third parties.
5. The member is obliged to notify the KO-OP team immediately in case of losing the access card.
6. In case of improper use of the space outside the conditions described in this section or actions, that result in additional costs to the KO-OP in connection with the protection or safety of the space, the member shall be fully responsible for the costs or damages caused
VI. Payment services
1. The price for the Hot Desk is paid in cash or by card on the day it is claimed.
2. The price of all other packages and additional services used shall be paid on a full monthly basis within 5 (five) working days from the date of issue of the relevant invoice. Invoices are issued on the first business day of the month following the consumption.
3. The tenant is entitled to pay the amounts in cash, by card or bank transfer. All bank charges payable by bank transfer are at the expense of the tenant.
4. In case of delay for payment of the due price within the period specified in item 2 of this section, the tenant shall owe interest for the delay on the due amount for each delayed day. The interest for the delayed payment is in the amount of the legal interest. The statutory interest rate is calculated using the NRA’s official calculator.
5. The payment of interest for late payment does not exclude the right of KO-OP to seek compensation for the actually suffered damages from the delayed payment in case they exceed the amount of the paid interest for late payment.
6. In case the invoice amount is not paid on time, KO-OP has the right to suspend the access to the co-working space and the services offered.
VII. Deposits
1. When signing a contract for “Your Desk”, “Your KO-OP Desk” and “Your office”, the consumer pays within 3 (three) working days from the date of signing the contract a deposit of 1 (one) monthly rent, regardless of the term to the contract.
2. The deposit provided under the preceding clause serves to secure the consumer’s obligations to pay all amounts in the signed contract, including obligations to pay the rent, the price for using additional services, obligations for compensation or reimbursement of damages caused by the consumer.
3. The deposit is refundable by KO-OP within 3 working days of the exemption from the consumer of his/her workplace, and the KO-OP has the right to deduct from the deposit all amounts by the consumer. Withholding amounts from the deposit does not exempt the consumer from the obligation to pay the full amount if the latter exceeds the amount of the deposit.
VIII. Termination of the lease
1. Either party may terminate the lease in the event of culpable failure to fulfil its contractual obligations.
2. The lease is terminated:
a) with the expiration of its term
b) before the expiration date, by written notice and without giving the reasons, as follows:
i. 3 months on a one year contract
ii. 2 months for a six-month contract
iii. 1 month with a three-month contract
3. Termination of the contract without notice due penalty of 30% of the amount for the remaining term of the lease.
4. The notice must be written, signed by the submitting party or authorized representative and shall commence on the day following its receipt. The notice of termination may be signed on a paper and served on the party’s management address or sent via e-mail, which does not require the use of a qualified electronic signature.
5. Submission of notice does not relieve the parties of their obligations under the lease agreement and these general terms and conditions.
6. The KO-OP has the right to terminate and/or unilaterally terminate any rental agreement in case the consumer has breached the terms of the respective contract and has not terminated the breach and/or remedied the consequences of the breach within the period provided by the KO-OP. KO-OP has the right to terminate any contract without notice, with immediate effect, in case the consumer; (a) has delayed payment of any amounts due to KO-OP under these general terms by more than 20 (twenty) calendar days; (b) failed to provide the required deposit under section VI; (c) prejudice the goodwill of the KO-OP; (d) violate the laws of Bulgaria Republic and/or international instruments.
IX. Members rights and obligations
1. The consumer is entitled and obliged to inspect the co-working space when occupied. By signing the lease agreement, the consumer declares that he/she is aware that the co-working space, except the one, which is under “Your office” package is located in a common open space and is not separable. The consumer has the right to object the co-working space when occupied. In case KO-OP has not received an objection regarding a co-working space within the starting date of the term of the lease agreement, it is considered that the consumer has accepted the space in good condition and without any comments. The consumer is solely responsible for its condition throughout the term of the lease.
2. The consumer has the right to notify the KO-OP team regarding damages, technical and other problems related to the services provided by the KO-OP.
3. The consumer is obliged to treat with good care the given co-working space and belongings of KO-OP and its members. As well as to return the things he/she receives once leaving the co-working space. In the case of damaged, lost, or missing items, the consumer is obliged to restore them.
4. The consumer undertakes not to perform any actions contrary to the current Bulgarian legislation, the applicable foreign laws, morals and the general terms and conditions.
5. The consumer is not allowed to make changes to the co-working space without the explicit consent of a KO-OP representative/employee.
6. The consumer is not allowed to distribute advertising materials in the space without the prior permission of an employee of the KO-OP.
7. The consumer may not use the name, the initials and the logo of the KO-OP without the consent of an employee of the KO-OP.
8. The consumer has no right to publish or distribute inappropriate, obscene or illegal material or information on the internet or in the co-working space.
9. The consumers have no right to upload, reproduce, use, make or display images, software or other information on the internet or in the workspace that violate the rights of others or are protected by intellectual property laws. KO-OP shall not be liable for infringements of the intellectual property rights of third parties resulting from the action of a consumer.
10. The consumer doesn’t have the right to prevent already organized event in the halls of art space “Cooperativa”, for which KO-OP is obliged to inform not later than 5 days before the start date of the event.
11. The consumer is obliged to treat with good care the given co-working space and belongings of KO-OP and its members. As well as to return the things he/she receives once leaving the co-working space. In the case of damaged, lost, or missing items, the consumer is obliged to restore them.
12. Upon termination of the contract, the consumer is obliged to exempt the co-working space once it was occupied by him/her, as well as to return to KO-OP the cards for access within 3 (three) days from termination of the contract. If the consumer fails to comply with this obligation or is late in its deadline, the KO-OP has the right to declare his place vacant and to remove his belongings. Abandoned belongings will be stored by the KO-OP at the expense of the consumer if they are not removed after a warning has been issued.
13. If the consumer does not exempt the co-working space on time, he/she is obliged to pay the KO-OP compensation for the delay period of BGN 25 for each day of delay.
14. The consumer agrees to comply with all applicable laws and regulations regarding the dissemination of information and is fully responsible for its actions, including when using the internet through the KO-OP network.
15. The consumer is obliged to comply with legal restrictions on the transfer, storage, processing or presenting of information. He/She is obliged to comply with all applicable laws and regulations related to the protection of the intellectual or industrial property. Copying, distributing or downloading copyrighted music or movies or other copyrighted sites without a license is prohibited through the KO-OP network.
16. In case of violation, which led to the occurrence of damages to the KO-OP, the consumer is obliged to indemnify the KO-OP for all caused damages, including all costs in connection with the protection of KO-OP rights and legal interests.
X. Rights and obligations of KO-OP
1. KO-OP is obliged to take care of the services, which are the subject to the general terms and conditions and the lease agreement.
2. KO-OP is obliged to notify the community of upcoming events at least 5 (five) working days before the event.
3. KO-OP has the right to restrict or suspend the access of a consumer, who endangers or interferes to the normal use of the services by other users.
4. KO-OP team has the right to enter the co-working space with or without warning in order to maintain the good condition of the workspace.
5. KO-OP is not responsible for any occurred damages as a result of a hacking attack or other types of security breaches.
6. KO-OP is not liable for damages suffered by the consumer under the concluded lease agreement, except in cases where such damages are the result of rude carelessness or intention from the KO-OP representative or employee. In all cases, the liability of the KO-OP is limited to damages, which are the direct and immediate cause of the acts for which the KO-OP is responsible and which damages could have been foreseen at the conclusion of the lease agreement. The KO-OP is not responsible for the lost benefits or indirect damages.
7. KO-OP shall not be liable for infringements of the intellectual property rights of third parties as a result of actions of the User, as well as in the cases of dissemination of personal data and/or confidential information by the User. The User is responsible for all infringements related to the protection of competition, copyright, trademarks, personal data, trade secrets and others related to the activity performed by him in the use of the workspace provided by the KO-OP.
XI. Protection of personal data
1. KO-OP processes and stores personal data for its members.
2. By signing the lease agreement with the KO-OP, each member is deemed to have given his/her consent to provide his/her personal data necessary for the conclusion and execution of the respective contract.
XII. Additional information
1. All notices and documents, which are provided by a consumer from KO-OP in connection with the lease agreement should be delivered at the address of the shared workspace. All notices and documents provided by the KO-OP to the consumer shall be considered validly delivered if (a) they were provided personally or (b) sent to the correspondence address of the consumer specified to the contract signed with him/her.
2. All disputes between the parties shall be settled in a spirit of understanding and goodwill. In the event that an agreement is not reached, all outstanding disputes arising from or relating to the contract between the parties, including disputes arising out of or concerning its interpretation, invalidity, performance or termination, as well as disputes to fill in the gaps in the contract or its adaptation to new circumstances will be resolved by the Bulgarian court and will always be applicable to Bulgarian law.
3. In the event that individual clauses or parts of these general terms and conditions are declared invalid, this does not invalidate these general terms and conditions and the concluded contract with the consumer. In such cases, the two parties undertake, in the place of the invalid provisions, to agree and introduce, as soon as possible, new lawful ones close to the interests of the two parties.
4. The provisions of the effective legislation of the Republic of Bulgaria shall apply to all issues not settled by these general terms and lease agreement.