Waiver of Claims
To the extent permitted by law, you, on your own behalf and on behalf of the Members, your employees, agents, and invitees, waive any and all claims and rights against us and our affiliates, and each of our and their members, assignees, officers and directors resulting from injury or damage to, or destruction, theft, or loss of property or person.
Limitation of Liability
The aggregate monetary liability of us or our affiliates to you, the Members, or your or their guests for any reason and for all causes of action, shall be limited to the amount paid out under our liability insurance policy in the event concerned (with a series of connected events counting as one event). If, for whatever reason, no amount is paid under the policy concerned our liability shall in any case be limited to the total fees paid by you to us under this agreement, up to an absolute maximum of 20.000 Euro.
We and our affiliates will not be liable under any cause of action, for any indirect, special, incidental, consequential, or punitive damages, including loss of profits or business interruption. You may not commence any action, or proceeding against us or our affiliate, whether in contract, wrongful act, or otherwise unless the action, suit, or proceeding is commenced within one (1) year of the event that caused the damage.
You will compensate for and indemnify us and our affiliates from and against any and all claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach of this agreement by you or the Members or their guests or pets or their actions or omissions. If any such proceeding is brought against us or our affiliates, you, will at your expense, upon written notice from us, defend such proceeding by counsel. You are responsible for the actions of and all damages caused by all persons and pets that you, the Members or their guests invite to enter our building.
Since this agreement limits your claims against us, we encourage you to maintain personal property insurance and commercial general liability insurance covering you and the Members for property loss and damage, injury to the Members and the Members’ guests and prevention of or denial of use of or access to, all or part of the 42workspace building in form and amount appropriate to your business.
Class/Group Action Waiver
Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
We may collect personal information about you and the Members in a variety of ways, including information that may be provided by you upon execution of this Agreement or during your or the Members’ Membership (for example, through your use of our application), and information that may be gathered from our security cameras located on the 42workspace building Note that you are not obligated to provide us with personal information and any information collected by us will be provided by you at your own will and with your explicit consent granted herein by execution of this Agreement. We may collect, use, store and transfer the information in accordance with applicable laws, for various purposes including facilitating the Services, perform accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations, and to enforce or manage legal claims.
List of Services
Subject to the terms of the Membership agreement, we will provide each Member the services described below.
Office Rental Space
Our offering includes flexible, expandable office space configured for use by companies of all shapes and sizes. We provide non-exclusive access using (electronic) keys. All normal office utilities and services, such as electricity, office-hours climate control, trash pickup, etc. are included. Access is available on a 24 x 7 basis. Members choosing the Flex Space may have limitations on the numbers of hours they can access 42workspace.
Each individual with dedicated space is provided with a complete workstation, including a desk, adjustable office chair. Additional furniture such as whiteboards or shelving is available in most instances at no extra charge. Clients without dedicated space will have access to shared work areas.
Regular maintenance of the office space, provided that we will not be responsible for damage exceeding normal wear and tear.
Free access to community areas and (roof top) terraces. Members choosing the 42Flex Desk and 42Day Pass membership may have limitations, regarding floor access.
Our Community Platform
Subject to each Member’s acceptance of and continued compliance with the terms of service, access to and use of the 42workspace Bisner community platform is provided. Enabling members to share information and make conference room bookings.
Each individual is provided with a high-speed Internet connection for office use. Members choosing a ‘day pass’ membership have restricted access to our guest wifi connection.
All 42Private Office Space offerings, as well as 42Dedicated Desk Space, include guest reception services to greet guests for clients. 42Flex Desk and 42Day Pass members should greet their own guests.
All office space offerings include a mail folder and mail services during regular business hours on our regular business days. 42Flex Desk and 42Day Pass members do not receive mail services, but can obtain them for an additional monthly fee.
Service include ‘paid’ use of black/ white, commercial-grade copiers for typical office use. Questions about printing multiple copies of brochures or extensive print jobs should be directed to a 42workspace staff member as these types of jobs may be requested to be taken to offsite printing service providers.
Service includes free use of conference rooms with projection screens (LCD TV). Conference rooms are booked via Bisner (web-based booking tool). Questions regarding frequent all-day meetings or intensive use for training or other purposes can be directed to a 42workspace staff member for details. Free use of Conference Rooms is not included for 42Day Pass members.
42workspace has stocked kitchens on office floors, which often include thee, fruits, and from time to time (soft) drinks and snacks. This service is included in your service fee and fair consumption is on the honor system.
A shower room is available on the rooftop terrace. Members choosing the 42Flex Desk or 42Day Pass membership may have limitations, regarding the rooftop access.