General terms and conditions
These General Terms and Conditions apply to agreements concluded by customers with United Spaces Waterfront Stockholm AB, United Spaces Studio Malmö AB, United Spaces Östra Hamngatan Göteborg AB, United Spaces Lindholmen Göteborg AB, United Spaces 19045 AB (Arlanda), United Spaces Torsgatan 26 AB, United Spaces Uppsala AB or United Spaces Workspace AB (“United Spaces”).
1. THE AGREEMENT WITH UNITED SPACES
1.1 Definitions
The term “Member Enterprise” means a customer that has entered into an agreement with United Spaces on services of a
given scope. The terms “Membership” and “Terms of Membership” mean the agreement, including these General Terms and Conditions,
concluded between a Member Enterprise and United Spaces concerning the use of services provided by United Spaces.
The term “Member” means a designated private individual given access to United Spaces’ services of a given scope by virtue of
Membership.
The term “Guest” means a private individual who, without being a Member, occasionally visits a Member at United Spaces’
facilities.’ United Spaces provides the following services to Member Enterprises. These are specified in detail in the product sheets
applying from time to time for each service:
– “ Lounge”
– “Private Office”
– “Dedicated Desk”
– “Consultant”
– “Additional Services”
1.2 Purpose and Nature of Membership
The purpose of Membership is that United Spaces provides a meeting place where the Member Enterprise is given the opportunity to create business contacts. United Spaces offers network services, a creative working environment and access to technical equipment. The payment made by Member Enterprises to United Spaces represents a fee for the various services and products supplied by United Spaces. United Spaces has the exclusive right to decide over the facilities, who is entitled to enter, and when the facilities may be entered.
1.3 Online Purchase of Memberships
The notice period for membership termination in the Lounge and Dedicated Desk is two (2) calendar months. Termination must be done in writing.
Upon online purchase of Lounge or Dedicated Desk, a monthly fee is immediately charged. When extending the contract period, the signing of a new agreement is required, and the notice period applies in such cases.
Any deviations from the notice period should be documented within the agreement between the parties. In the event of conflicts between the termination provisions in the agreement and the general terms and conditions, the specific provisions in the agreement shall prevail.
1.4 Transfer of Membership and Annual Price Adjustment
The Member Enterprise may not transfer Membership to another party. United Spaces may at any time transfer its rights and obligations relating to Membership to another party.
“United Spaces shall on January 1 of each year adjust the agreed price for the Membership with regard to the development of the
Central Statistics Office’s Consumer Price Index (total index with the year 1980 = 100). Adjustments are made as follows. The
previous year’s (adjusted if applicable) price for the Membership must be calculated by the percentage by which the most recently determined October index has risen in relation to the October index the year before. If Membership started between 1/1-30/6,
the first adjustment takes place on January 1 of the following calendar year. The price for Membership is then considered
adjusted to the index number for the month of October of the year before the Membership started. If the Membership started
between 1/7-31/12, the first adjustment takes place on 1 January of the calendar year following the next calendar year. The price
for Membership is then considered adjusted to the index number for the month of October in the same year that the Membership started. f the index should have fallen during the specified periods, no adjustment shall be made.”
1.5 Processing of Personal Data
If requested, the Member Enterprise must provide United Spaces with the personal data necessary to enable United Spaces to
provide agreed services. For example, provision of services requires registration of Members’ names and the Member Enterprise they represent with United Spaces, both in reception and at the main entrance to the facilities. United Spaces processes personal data in accordance with regulations from time to time in force.
2. UNITED SPACES’ PROPERTY
2.1 Care of Property
The Member Enterprise is responsible for ensuring that its Members and Members’ guests exercise care in relation to all parts of the facilities, their equipment, décor and furnishings. The Member Enterprise is not entitled to alter the facilities and their equipment and furniture in any way without United Spaces’ permission.
2.2 Keys and Security
Keys, access cards or other authorization documents for a Member’s entry to United Spaces’ facilities and use of services are issued in the manner specified by United Spaces. Keys or access cards are the property of United Spaces, and it is not permitted to make copies of them or allow anyone else to use them without United Spaces’ permission. Lost access cards or keys must immediately be reported to United Spaces, and the Member Enterprise is responsible for any costs incurred for changing locks. If, when visiting United Spaces’ facilities, a Member has forgotten to bring their access card/authorization document, United Spaces can arrange for the issue of a new authorization document during times when the reception is open, for a charge to be paid by the Member Enterprise in accordance with the price list applying from time to time. The Member Enterprise must ensure that facilities to which Membership gives Members access are locked when no-one is present in the facility. The Member Enterprise is liable for loss of property belonging to United Spaces if a part of the facility was not locked when the loss occurred.
3. UNITED SPACES’ LIABILITY
3.1 Scope of United Spaces’ Liability
United Spaces accepts no liability as towards the Member Enterprise for loss or damage incurred by the Member Enterprise that is attributable to Membership, unless United Spaces causes the loss or damage intentionally or negligently. United Spaces accepts no liability for loss or damage to the Member Enterprise’s property stored at United Spaces’ facilities, unless a separate storage agreement has been concluded with the Member Enterprise.
United Spaces accepts no liability for loss or damage due to circumstances beyond the control of United Spaces that prevent, delay or hinder its performance, such as war, sabotage, water damage, fire, natural disaster, flood, disruption of public communications, disruption of the general power supply, breakin, hacking, mechanical downtime, strike, termination of the lease of United Spaces’ facilities, deficiencies or delays in deliveries from sub-contractors due to such circumstances or comparable circumstances.
If the Member Enterprise considers that United Spaces has not delivered a service in accordance with the agreed terms, the Member Enterprise must give written notice of this, and give United Spaces reasonable time to remedy the situation. United Spaces accepts no liability for loss or damage unless the Member Enterprise has notified United Spaces in writing of the situation, and United Spaces has been given reasonable time to remedy the fault or error. In no circumstances is United Spaces liable for loss or damage of which it is notified more than three months after the Member Enterprise or the Members of the Member Enterprises became aware of the loss or damage. Subject to the exceptions and limitations set out below, if United Spaces is liable for failing to provide an agreed service to the
Member Enterprise, United Spaces will pay the actual and reasonable costs incurred by the Member Enterprise in obtaining the service from an alternative source.
3.2 Exception for Consequential Loss or Damage, etc.
In no circumstances is United Spaces liable for loss of business, loss of profit, loss of anticipated savings, loss of, or damage to, data, claims brought by third parties or other consequential loss or damage.
3.3 Limitation of United Spaces’ Liability
United Spaces’ liability is in all circumstances limited to 100% of all charges, subject to a maximum of SEK 100,000, paid by the Member Enterprise under an agreement with United Spaces up to and including the date on which the loss or damage occurred.
4. THE MEMBER ENTERPRISE’S USE OF THE FACILITIES AND LIABILITY
4.1 Use by the Member Enterprise and Members of the Facilities and Office Equipment
The Member Enterprise may use United Spaces’ facilities through its Members solely in accordance with the Terms of Membership. Hence, it is not permitted to use the facility in a way that involves frequent visits by the public.
The Member Enterprise may not conduct activities in competition with United Spaces.
The Member Enterprise may not conduct activities in competition with United Spaces.
The Member Enterprise and its Members may not alter or Interfere with the facilities belonging to United Spaces without United Spaces’ permission. Such actions include painting, affixing items to the walls, replacing the furniture present in the facilities, and bringing in other furniture, etc.
The Member Enterprise’s trademark/logo may only be shown at a designated place as arranged by United Spaces.
The Member Enterprise must ensure that its Members’ computers are compatible with the network and printers offered by United Spaces.
The Member Enterprise and Members are not permitted to use their own broadband/ internet or other office or technical equipment such as their own servers at the facilities without United Spaces’ permission.
If Membership gives a Member the right to use United Spaces’ own facilities available at other locations, that right may be exercised on five occasions each month. When visiting those facilities, Members must abide by local rules. Unuse visits cannot be saved until the following month.
4.2 Opening hours
The Member Enterprise may, through its Members, use United Spaces’ premises during the opening hours that United Spaces
announces in writing at any time. Unless otherwise stated, United Space’s premises are available to use every day from [05.00 to 00.00]
4.3 Detailed Provisions Governing the Member Enterprise’s Liability for the Facility and Office Equipment
If the Member Enterprise, its Members or Guests cause damage to United Spaces’ property or IT network, the Member Enterprise
is liable to reimburse United Spaces for the costs it incurs. The remaining deposit paid by the Member Enterprise when taking out Membership will be repaid when Membership ends, as soon as the Member Enterprise has met its Membership obligations towards United Spaces. The Member Enterprise is responsible for having adequate insurance for the activities conducted at United Spaces’ facility, in order to protect its property and in relation to its Members and Guests.
4.4 Specific Provisions Concerning Guests
If a Member is to have a meeting with more than four Guests, a meeting room must be booked. The Member Enterprise is responsible for its Members’ Guests. Guests have no right of access to the facility unless the Member the Guest intends to visit is present at the facility. Following the end of a meeting Guests may stay on to work at the facility, for which a charge will be made in accordance with the price list provided from time to time by United Spaces. The Member Enterprise is liable to pay the charge on behalf of its Members’ Guests.
4.5 Specific Provisions Governing Meetings and Other “Pay-As-You-Go” Services
Meeting rooms are booked, and other “pay-as-you-go” services are ordered, in the manner specified by United Spaces.
Meeting rooms can be booked according to availability. After the meeting the room must be left in the state it was in before the meeting.
All food and drink consumed during meetings in United Spaces’ facility are supplied exclusively by United Spaces.
Fees for meetings and “pay-as-you-go” services must be paid as invoiced, by debit card, credit card or by the “swish” money transfer application.
Fees for meetings and “pay-as-you-go” services must be paid as invoiced, by debit card, credit card or by the “swish” money
transfer application.
4.6 United Spaces’ Access to the Facilities and Right of Modification
United Spaces is entitled to alter the size and design of the facilities to which Members have access under the Terms of
Membership. Membership does not give the Member Enterprise an exclusive right to a certain area of the facilities. United Spaces is therefore entitled to offer the Member Enterprise an area of the facilities other than, and comparable to, that originally agreed. United Spaces must inform the Member Enterprise concerned in good time before making the above-mentioned alterations, in order to minimize the impact this may have on the business of the Member Enterprise. If the Member Enterprise leaves its belongings in the facilities, contrary to the Terms of Membership, United Spaces reserves the right, at the Member Enterprise’s expense, to take custody of
those belongings and, unless the Member Enterprise asks for them to be returned within one month, dispose of them.
Arrangement by United Spaces of special events, such as inspiration, learning and networking, may impact on Members’
use of the facilities. For the purposes of cleaning, inspection, maintenance, renovation or similar activities, United Spaces is always entitled to gain access to all areas that the Member Enterprise is permitted to use under the Terms of Membership. When accessing the facilities, United Spaces must always endeavour to minimize the impact on the business of the Member Enterprise.
4.7 Compensation for adaptation of premises
If the parties have agreed on an adaptation of an area specifically intended for the Member Enterprise and the Member Enterprise
is to pay compensation for this to United Spaces, then the following applies unless the parties have agreed otherwise in writing. If the Membership terminates before the agreed compensation for the adjustment has been paid in full, then the Member Company shall pay the remaining amount in full in connection with the last payment for the Membership, but no later than on the last day of the Membership.
4.8 Especially regarding VAT
VAT-free activities may not be conducted within an area that is used exclusively by the Member Company through the membership “Private Office”. If United Spaces or the property owner’s right to deduct input VAT is reduced due to the space being used in a VAT-free business, the Member Company shall fully compensate United Spaces for its damage. In addition to United Spaces’ lost right to deduct and cost increases as a result, the liability includes damages that United Spaces must pay to the property owner as a result of the property owner’s lost right to deduct and cost increases as a result.
5. RULES OF CONDUCT
The Member Enterprise undertakes to ensure that its members and Guests abide by the rules of conduct applying from time to
time and available on the United Spaces website.
6. CONSEQUENCES OF LATE PAYMENT OR NON PAYMENT/ CANCELLATION OF MEMBERSHIP
6.1 Complaints about Invoices and Reminder Fee
Any complaints concerning an invoice must be made to United Spaces within ten days of the invoice date.
If an invoice is not paid on time, United Spaces will charge a reminder fee and statutory interest on arrears from the due date. In the event of non-payment, United Spaces reserves the right not to provide agreed services. If an invoice is not paid on time, United Spaces will charge a reminder fee and statutory interest on arrears from the due date. In the event of non-payment, United Spaces reserves the
right not to provide agreed services.
6.2 United Spaces’ Right to Cancel Membership
United Spaces is entitled to cancel Membership if the Member Enterprise
a) files a petition in bankruptcy or insolvency, suspends payments or may be presumed to be insolvent;
b) materially fails to perform its obligations under the Terms of Membership, and does not fully remedy the failure within 14
days after written notice given by United Spaces;
c) or its Members or Members’ Guests materially fail to abide by the codes of conduct and other regulations set out in these General Terms and Conditions and their appendices, and the Terms of Membership and their appendices, and does not remedy the situation within 14 days after written notice given by United Spaces.
In the event of termination of Membership by United Spaces, the Member Enterprise is liable to pay outstanding costs and pay for the remaining agreement period. The Member Enterprise is also obliged to compensate United Spaces for any loss or damage it
may have incurred due to breach of contract by the Member Enterprise.
7. NON-DISCLOSURE
The parties undertake that they will not disclose information about either Membership or the other party’s business to any
third party without the other party’s consent. United Spaces may not refer to Membership for marketing purposes without the Member Enterprise’s approval. However, the parties are not prevented from disclosing information that there is an obligation to disclose by law,
judgment of a court of law or decision of a public authority. If United Spaces or the Member Enterprise is ordered to disclose
such information, the other party must immediately be notified of the disclosure.
The obligation not to disclose information about Membership survives termination of Membership.
8. GOVERNING LAW AND DISPUTES
Swedish law applies to any disputes arising out of or in connection with Membership. Any disputes will be settled by Stockholm District Court, as court of first instance.