(proposal to enter into a contract for the provision of Coworking Services (Workplace rentals))
for individuals who are not individual entrepreneurs
Russian Federation, Moscow
Date of placement: August 1, 2017
Date of entry into force: August 1, 2017.
This document is a proposal of the Limited Liability Company "Atmosphere" (hereinafter referred to as the "Contractor") to conclude the Agreement for the provision of Coworking Services under the conditions set forth below.
1. Terms and definitions used in the Treaty.
Coworking - building and auxiliary premises located in the building located at:. Moscow, Leninsky Prospect, 109, 119421, the main purpose of which is the organization of the working space for visitors, as well as providing additional services to visitors.
Coworking Administration - the Contractor and persons authorized by the Contractor, establishing generally binding rules for the organization of Coworking's work, as well as ensuring their proper compliance.
Rules for Coworking visitors (Rules) are generally binding rules for the organization of Coworking's work, as well as rules for finding all visitors in the Coworking Territory, established by the Coworking Administration and located in the reception area. Rules are published by the Contractor on the site or are communicated to the Customer in a different way.
The reception is a specially designated place on the territory of Coworking, designed to register visitors to Coworking and to obtain the necessary information about the activities of Coworking.
Visitors of the Customer are persons who are not a party to the Agreement, invited by the Customer, visited Coworking at his invitation, who do not have their own workplace.
Visitors to Coworking (Visitors) are persons admitted by the Coworking Administration to the Territory of Coworking, including Customers and Visitors of the Customer.
Tariff - the complex of services rendered by the Contractor, the period of their provision and cost. Information on tariffs is available at http://co-atmosphere.ru/
The offer is the present document "Offer for the provision of Coworking services for individuals who are not individual entrepreneurs.
Coworking Services (Services) - services related to the provision of the Customer with workplaces (places for the Customer's own organization of its work), as well as additional services provided by the Tariff
The agreement for the provision of Coworking services (the Service Agreement, the Contract) is a contract providing for the Contractor to provide the complex of Covorking services to the Customer, concluded between the Customer and the Contractor in the manner set forth in this Offer below.
Service provision period - the term of rendering services to the Customer agreed upon by the Parties at the time of conclusion of the Agreement.
Parties - the Customer and the Contractor.
Customer - an individual who is not an individual entrepreneur.
Payment - transfer of funds by the Customer to the Contractor in a non-cash order in accordance with the Federal Law "On the National Payment System" or making cash in the Contractor's cash desk.
2. Procedure for concluding a contract
2.1 The terms of this Offer are the standard terms of the Contractor, which determine the procedure and conditions for the provision of the Services, posted by the Contractor on its website.
2.2 This offer is intended solely for individuals who do not carry out entrepreneurial activities. In the event that the Customer is an individual entrepreneur or an organization (legal entity), he enters into the Agreement on the terms of an offer intended for organizations and individual entrepreneurs. In the event that it is determined that the Customer acted as a representative of the organization or as an individual entrepreneur at the conclusion of the Contract, the Contractor shall have the right to apply to the relations with such Customer the rules envisaged by the offer for organizations and individual entrepreneurs.
2.3 The Agreement can be concluded by the Customer by accepting the conditions set forth in this Offer.
2.4. A contract concluded on the terms provided for in this Offer is an interconnection agreement. The Customer may enter into the Services Agreement by accepting the conditions provided for in this Offer as a whole.
2.5 The Customer agrees with the conditions set forth in this Offer at the time of acceptance.
2.6 The acceptance of the conditions provided for in this Offer is the Payment by the Customer of the Services in accordance with the Tariff chosen by him.
2.7. The rules for Coworkers Visitors (Rules) are part of the Service Agreement and are defined at the location of the Services.
3. Subject of the Agreement
3.1In accordance with the Contract, the Contractor undertakes, on behalf of the Customer, to provide a set of services related to the provision and maintenance of workplaces to the Customer in the territory of Coworking on the terms and conditions stipulated in the Contract and Rules, and the Customer undertakes to pay for them.
3.2Services under this contract are rendered in accordance with the terms of the Agreement, the Tariffs approved by the Contractor, as well as the Rules.
4. The order of rendering of services
4.1 In order to restrict free access to the territory of Coworking of third parties, the Customer shall without fail proceed with the registration procedure by providing personal personal information and obtaining a personal key for access to the territory of Coworking.
4.2 Visits Visitors of the Customer are carried out in accordance with the Rules of Visiting Coworking.
4.3. Workplaces in the territory of Coworking are provided to the Customer in accordance with the mode of operation of Coworking, established by the Coworking Administration and enshrined in the Rules.
4.4 The contractor reserves the right to limit access to the territory of Coworking completely during each calendar month in connection with special events (no more than 4 (four) calendar days in one calendar month), which the Customer is notified not later than 24 hours before such an event, by placing relevant information in the Coworking reception area and on the site. At the same time, the period of rendering services is increased by the corresponding number of days. In the case of special events in the territory of Coworking, the Customer and Visitors are obliged to remove all personal belongings from their workplace for the duration of such an event.
4.5 Depending on the chosen tariff, the Customer may be provided with a specific workplace in the territory of Coworking. The customer has the right to dispose of his workplace at his own discretion, while not creating inconvenience to other visitors of Coworking.
4.6 Upon the expiry of the Service Delivery Period, the Contractor's obligations regarding the provision of a set of services shall be considered fulfilled, services rendered, all obligations to the Customer shall be terminated.
4.7In spite of the presence of objections from the Customer on the quality of the provision of services, at the end of the period of rendering the services, the Customer releases the workplace.
4.8Terms of this Offer and the terms of the Agreement should in no case be interpreted as the conclusion between the Contractor and the Customer of the employment contract, civil contract or other contract providing performance of works (rendering services) by the Customer in the interests of the Contractor. The Contractor is not the employer (customer of works or services) of the Customer, does not act as an employment agency. The provision of jobs to the Customer does not imply the provision and organization (equipping) of the employee's workplace in accordance with the requirements established by the Labor Code and other regulatory legal acts.
4.9In conclusion of the Agreement, the Customer guarantees and confirms that the provision of the Services by the Contractor is related to the Customer's independent organization of its work activity.
4.10The Customer shall be responsible for the actions of the Customers. The Contractor shall not be liable for violation of the Agreement, Rules or other generally binding requirements related to fire safety, observance of sanitary and hygienic norms, morality and morals, etc., by the Customer or Visitors of the Customer.
4.11The Customer shall be responsible for the property, including equipment, provided to him during the period of the provision of services by the Contractor.
5. Rights and obligations of the parties
5.1. The Contractor undertakes:
5.1.1. Provide the Customer with workplaces and provide other services provided by the Tariff chosen by the Customer.
5.1.2. Provide services of appropriate quality in accordance with the Treaty.
5.1.3.Take timely measures to prevent and regulate the violation of the quality of the services provided.
5.1.4.To timely inform the Customer about the changes in the structure of the Services, the conditions and the order of their provision by placing relevant information in the reception area of Coworking.
5.2. The Contractor is entitled:
5.2.1. Provide services or their part with the involvement of third parties.
5.2.2. Upon agreement of the parties, provide the Customer with equipment for temporary use under the acceptance certificate. In this case, the Customer is responsible for the equipment provided for use in accordance with clauses 4.11. and 7.3.
5.2.3. Unilaterally amend the Rules for visitors to Coworking.
5.2.4. Unilaterally change the cost, as well as the list of services provided, which Customer is notified at least 7 (seven) calendar days prior to the entry into force of such changes, by posting relevant information in the reception area.
5.2.5. To change the operating mode of Coworking as a whole or its individual premises, and partially or completely restrict access to them to the Customer or Visitors, which is notified to the Customer at least 24 hours prior to the entry of such changes by posting information in the Coworking reception area. In this case, the period of provision of services under this Agreement shall be extended for the relevant period.
5.2.6. Completely or partially stop the provision of services when there is a need for technical or sanitary-hygienic measures. In this case, the period of provision of the Services under this Agreement shall be extended for the period necessary for carrying out the activities specified in this subparagraph.
5.2.7. Unilaterally amend the Offer and (or) the Agreement. The Contractor has the right to unilaterally amend the Agreement, notifying the Customer thereof at least 7 (seven) calendar days in advance.
5.3. The Customer undertakes:
5.3.1.To pay the Contractor's services on time.
5.3.2. Observe the requirements of the Administration and the requirements established in the Rules.
5.3.3.Do not obstruct the use of the Services and Coworking by third parties, including other Customers and their Visitors.
5.3.4. Observe the fire safety requirements, sanitary and hygienic requirements and other requirements established by the legislation and the Rules.
5.3.5. Ensure the safety of the workplace and the property provided in its structure, including equipment transferred under a separate agreement.
5.3.6. Go through the registration procedure.
6. Cost of services and settlement procedure
6.1.The cost of the Contractor's services under this Agreement is determined on the basis of the list of services provided, in accordance with the chosen Tariff and displayed in the invoice issued to the Customer. The invoice is displayed in electronic form when ordering the Services on the Contractor's website. The payment is made without VAT, in connection with the application of the simplified taxation system by the Contractor.
6.2. The Customer pays the cost of services in advance for the billing period of the selected tariff, within 3 (Three) calendar days from the moment of issuing the corresponding invoice.
6.3. Services under this Agreement shall be deemed paid from the moment of writing off the corresponding amount from the Customer's account in payment for the Contractor's services. In the event that at the time of the commencement of the Services in accordance with the tariff chosen by the Customer, no funds have been received to the Executor's settlement account, the Executor has the right to demand from the Customer a document confirming payment.
6.4.Paychennye, but not used in the established period of services, are considered to be rendered. Their value is not refundable, except for cases established by law. The Customer acknowledges and understands that the Contractor reserves, at the conclusion of the Contract by the Customer, the necessary number of workplaces that are not provided to third parties in the Service Delivery Period.
6.5. In the event that the Customer does not pay for the Services in accordance with the procedure established by sections 2 and 6 of this Offer, the Agreement is not concluded and the Contractor does not have an obligation to provide the Customer with the Services.
7. Responsibility of the parties
7.1. The Customer is responsible for the observance of the Rules for Coworking Visitors by the Customer.
7.2. In case of gross violation by the Customer or his Visitors of the Rules for visitors to Coworking, the Contractor has the right to terminate this Agreement unilaterally.
7.3. The customer is liable for damage to the equipment and other property of the Contractor, including Visitors, except for the natural wear and tear of equipment and property.
In the event of damage or other damage to the property provided to him, including equipment, the Customer shall compensate the damage caused to the Contractor within three working days from the moment the Contractor submits a corresponding claim.
7.4. The contractor has the right to refuse admission to the territory of Coworking to the Customer and his Visitors, if there is a debt to pay for services provided for by the Contract, until the Customer fully repays such debt.
7.5. In case if after the conclusion of the Agreement the Customer has an obligation to pay for additional Services (including if the Service Period is prolonged), the Contractor has the right to terminate this Agreement unilaterally in the event of failure to receive the Payment.
7.6.The contractor is not responsible for the safety of the personal belongings of the Customer and his Visitors left in the Territory of Coworking.
7.7.The contractor is not responsible for technical inconveniences, including interruptions with electricity, caused by seasonal, preventive and emergency work by the municipal services.
7.8.The contractor is not liable for damage caused to the life and health of the Customer / Visitors of the Customer, in the absence of the fault of the Contractor.
7.9. The Customer / Visitors of the Customer agree that they are not entitled to demand any compensation from the Contractor for non-pecuniary damage, as well as compensation for lost profits, in connection with the provision of services under this Agreement, with the exception of cases directly stipulated by the legislation of the Russian Federation.
7.10. In case of improper performance of the Agreement by one of the parties, which has resulted in adverse consequences for the other party, the liability occurs according to the Agreement and the current legislation of the Russian Federation.
7.11. All disputes and disagreements arising between the parties under the Agreement or in connection with it are settled through negotiations. In case it is impossible to resolve the disputes that have arisen and disagreements through negotiations - in court, at the location of the Contractor.
8. Term of the Agreement. Termination of an agreement
8.1.The contract is considered concluded from the moment established by clause 2.6. of this Offer and is valid during the Service Provision Period, determined depending on the Tariff chosen by the Customer and determined at the time of conclusion of the Agreement.
8.2. In the event of the extension of the Service Period, the Agreement shall be deemed extended for the relevant period from the moment when the Customer fulfills the conditions specified in Clause 2.6. of this Offer. In this case, if the Service Period is extended:
- The contract is considered prolonged on the terms of the Offer valid in this period (at the time of renewal, renewal of the Agreement);
The Contractor does not guarantee The possibility of providing The same jobs and / or jobs under The same conditions.
8.3.The contract may be amended or its effect terminated on the initiative of either party, as well as in other cases provided for by the current legislation of the Russian Federation.
8.4. In the event of early termination of the Agreement on the Initiator's initiative, pursuant to clause 7.2., The operation of the Contract is terminated from the moment of revealing the fact of such violation. At the same time, the funds transferred by the Customer to the Contractor as payment for services not rendered at the time of termination of the Agreement shall not be refunded.
8.5. In case of early termination of the Agreement at the initiative of the Customer in cases stipulated by the Contract or legislation, the Customer is obliged to notify the Executor in writing in 30 (thirty) calendar days.
9. Force majeure circumstances
9.1. The Parties are released from responsibility for partial or complete failure to fulfill their obligations under the Contract if this was a consequence of force majeure circumstances that arose after the conclusion of the Treaty as a result of events that the parties could neither foresee nor prevent by reasonable measures such as: natural disasters, war, civil war, the adoption of legislative acts leading to changes in civil and tax legislation, the actions of public authorities.
9.2. After the termination of force majeure circumstances, the parties shall make every effort to fulfill the obligations under the Agreement as soon as possible.
10. Final Provisions
10.1. Concluding the Agreement, the Customer confirms that he has previously acquainted with the terms of the Agreement and the Rules for visitors to Coworking, agrees with them and assumes full responsibility for their compliance.
10.2. The Customer in accordance with the Federal Law "On Personal Data" of 27.07.2006. No. 152-FZ (hereinafter referred to as the law) confirms the consent of the Contractor to the processing of his personal data specified during registration for the purpose of executing the Agreement, for the term of its validity and for the period provided for by law for the storage of primary accounting documents, by performing any actions specified in law with the use of automation (with the help of computer facilities) or without the use of such means. The Contractor undertakes not to provide third parties or prevent the dissemination of personal data of the Customer without his written consent, except for grounds provided for by law and those situations that are necessary for the performance of the Treaty. This consent may be withdrawn by submitting a written application to the Contractor.
10.3. The order of interaction of the Parties in the course of the return operation (hereinafter referred to as the "Procedure") establishes the procedure and conditions for the implementation of the return operations to the Customer for the Payment Instrument, and also regulates the rights and obligations of the Parties when performing Return Operations.
10.3.1. The contractor has the right to carry out the Return Operation to the Customer using the "REFUND" function. In this case, the Refund Operation is carried out on the basis of the Application for the return operation from the funds included in the transfer amount.
10.3.2.For the provision of information and technological interaction between the participants of settlements in the implementation of the Return Operation, the Customer shall pay the Executor a commission in accordance with the Tariffs. The return operation does not entail obligations for the Contractor to return to the Customer a commission for rendering the Contractor's services paid in accordance with the established Tariff Plan.
10.3.3. The order and timing of settlement by the settlement bank of settlements under the Refund Operation are not subject to the Agreement and are not regulated by the Procedure.
10.3.4. The return operation is carried out using the "REFUND" Function provided that the amount of transfer is fully activated in the system and the amount of the transfer is sufficient for the implementation of the Return Operation, taking into account the commission, in full.
10.3.5. For the purpose of carrying out the Return Operation using the "REFUND" function, the Customer is obliged to issue and send through the personal cabinet an Application for the Transfer Refund Operation.
10.3.6. The application for the execution of the Return Operation shall specify:
- Payment means for which it is necessary to make a return of funds under the Return Operation;
- Identification number (e-mail address), amount and date of payment, on which the return operation is carried out;
-The reason for The return Operation.
10.3.7. If the amount of the transfer is sufficient to effect the Refund Operation in the amount specified in the Application for the Return Operation, subject to the commission, the Executor, if technically possible, shall provide the Issuer with information on the implementation of the Refund Operation.
10.4. In all other cases not settled by the Parties in the Offer, the Parties will be guided by the current legislation of the Russian Federation.
10.5. If any condition or provision of the Treaty, or its application to any person or circumstance in any part, is declared invalid, this will not affect the other terms and provisions of the Treaty and their application to persons and circumstances, if they are not contradict the current legislation of the Russian Federation.
10.6. All Annexes to the Agreement are its integral part. All the conditions contained in the Annexes to the Agreement are the terms of the Contract.
11. The requisites of the Contractor:
Legal address: 119421, Moscow, Leninsky prospect, house.109, floor 5, room 8
OGRN 1177746306462 from "28" March 2017
INN / CAT 7728366483/772801001
r / s No. 40702810047000005246
c / s 30101810300000000341
in JSCB FORA-BANK (JSC), Moscow