Terms and conditions
General Terms and Conditions
WORKHUB ON DEMAND TERMS AND CONDITIONS
3. Who we are Who we are for purposes of this Agreement is De Praetere Management Consulting, Lda., with registered office at Praceta da Tabaqueira, A2, 1950-256 Lisboa, share capital of 1.000,00 euros, NIPC 513149651, email [email protected]. We reserve the right to change the legal entity that charges you for your Membership, if applicable, and will notify you of such changes.
4. Who you are References to “Member”, “you”, “your” and similar words in this Agreement refer to the entity or individual registering for your Membership and agreeing to be bound by this Agreement and the WorkHub Policies. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have all necessary rights, authority and consent to bind such entity to this Agreement. You and any of your guests, or other invitees, must be at least 18 (eighteen) years old to make a Booking (defined below) on the WorkHub Web Portal.
5. Authorized Users Your Membership is for your personal use only, and you are not permitted to share your Membership with any other person.
6. Services Subject to the terms of this Agreement, WorkHub will provide you access to and use of the Services at WorkHub premises (the “Premises”). Your use of the Premises shall be solely for professional uses consistent with uses of co-working and flex office space and subject at all times to the permitted uses under our applicable leases.
7. Prohibited uses of Premises and office space You shall not be permitted to: (i) use the Premises in a retail, medical (including any testing for diseases), or other capacity involving frequent visits by members of the public, as a residential or living space, or for any exclusively non-business purpose, (ii) sell, manufacture or distribute any controlled substance, including alcoholic beverages, from the Premises, (iii) use the Premises to conduct or pursue any illegal or offensive activities, or (iv) store significant amounts of currency or other valuable goods or commodities in the Premises that are not commonly kept in commercial offices, and WorkHub shall not be responsible for any loss thereof. You may not use any part of the Premises to host an event. Additionally, you shall not be permitted to film within the Premises, without completing all required paperwork and receiving express written consent from WorkHub.
8. Changes to our Services or these Terms The availability and scope of the Services, the Premises at which the Services are available, the prices at which we make the Services available, and any other provision of these WorkHub On Demand Terms and Conditions are subject to change from time to time in our sole discretion. You should review and agree to the terms of this Agreement every time before you access the Premises and / or use any of the Services. To the fullest extent permitted by applicable law, your continued access to and/or use of any Services, or Premises constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.
9. Payment We will charge any fees for Bookings under your Membership, and any other services or add-ons you may purchase via https://portal.workhub.pt/ (the “WorkHub Web Portal”). You will be charged each time you complete a Booking within the WorkHub Web Portal. All amounts under this Agreement shall be in euros.
10. Booking Cancellations; Refunds To the extent you need to cancel a Booking and do so within the cancellation window, you will automatically be refunded the cost of your Booking to your original form of payment. You may cancel a Booking directly within the WorkHub Web Portal as long as you are within the cancellation window. For meeting room and daily workspace Booking made at least one day prior to the Booking date, you must cancel at least 24 hours before the start of your Booking. For meeting room or daily workspace Bookings made on the same day of the Booking date, you must cancel at least 1 hour before the start of your Booking. If you are outside the cancellation window, please contact [email protected] to modify or cancel a Booking. You will not receive a refund for cancellations made outside of the cancellation window.
11. Taxes In addition to the fees for a Booking under your Membership and any other services or add-ons, you agree to pay promptly: (i) all sales, use, excise, value added, and any other taxes which you are required to pay to any other governmental authority (and, at our request, will provide to us evidence of such payment) and (ii) all sales, use, excise, value added and any other taxes (collectively, “Tax” or “Taxes”) attributable to your Membership and any other services or add-ons as shown on your invoice. To the extent value added tax (“VAT”) is shown on your invoice, you acknowledge that the Services are subject to VAT, and you declare that you shall use the Premises for VAT liable business activities. You also agree that in the event you do not use, or no longer use, the Premises for VAT liable business activities, you shall immediately inform WorkHub about this by means of a signed letter. Any damage or VAT which WorkHub cannot recover as a result of this fact will be your responsibility. To the extent, if any, that the Services are deemed to constitute, for VAT purposes, the letting of immovable property, WorkHub hereby confirms and notifies you that it has exercised the Option to Tax and you shall in addition to any fees for Bookings and all other amounts payable by you under this Agreement pay to WorkHub an amount equal to the VAT on such amounts as shown on the tax invoice issued by WorkHub to you. For the purposes of this section, “Option to Tax” means WorkHub’s election to apply VAT to any fees for Bookings and all other amounts payable in respect of this Agreement.
13. Membership Termination You may terminate this Agreement at all times by cancelling any pending Bookings on the WorkHub Web Portal. You can close your Membership account at any time by emailing us at [email protected]. In addition, we may, in our sole discretion, restrict, suspend, or terminate your access to or use of your Membership account with immediate effect and without prior notice, including but not limited to, in situations where (i) you fail to comply with the provisions and requirements of this Agreement or our policies, (ii) you misuse your Membership, or (iii) if we reasonably suspect, or we receive notice from a governmental, legislative, or other authority that such authority reasonably believes, you are using your Membership to conduct, participate in, or facilitate criminal or fraudulent activity. In the event we wish to terminate your Membership in connection with discontinuance of all or part of this Membership offering, we shall endeavour to provide you with at least 8 (eight) days’ prior notice of such termination. We will provide refunds for pending Bookings upon termination or cancellation of your account with respect amounts already paid unless your account is terminated by us for any of the reasons stated in clauses (i) - (iii) above.
14. Liability after Expiration or Termination You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your Membership account(s). Sections 1, 13, 15-19, 26 shall survive any termination or expiration of this Agreement, as well as all other provisions of this Agreement reasonably expected to survive the termination or expiration of this Agreement.
15. WorkHub Intellectual Property You may not take, copy or use for any purpose the name “WorkHub” or any of our other business names, trademarks, service marks, logos, trade dress, marketing material, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of a WorkHub location, or engage in any conduct that is likely to cause confusion between the products and services of WorkHub and yourself, or if applicable, your company without our prior consent, provided that during the term of this Agreement you will be able to use “WorkHub” in plain text to accurately identify a Premise, an address or office location.
16. Waiver and release of claims To the extent permitted by law, WorkHub and our landlord at a WorkHub location and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “WorkHub Parties”) disclaim all warranties and terms, express or implied, with respect to your Membership. To the extent permitted by law, you, on your own behalf and your or their employees, agents, guests and invitees, (i) waive any and all claims liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees (“Claims”) against the WorkHub Parties resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet; and (ii) release the WorkHub Parties from any such Claims. For the avoidance of doubt, nothing in these terms and conditions will release a claim or exclude our liability to the extent arising from our (a) gross negligence or wilful misconduct; or (b) fraud or fraudulent misrepresentation.
17. Third party products or services Your Membership may give you access to products, services or advertisements provided by third party service providers or our other business partners (“Third Party Services”). Third Party Services are provided solely by the applicable third-party service provider (“Third Party Service Provider”) and pursuant to separate arrangements between you and the applicable Third-Party Service Provider. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED REGARDING THIRD PARTY SERVICES AND WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE CONTENT OF ANY LINKS, PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY THIRD-PARTY SERVICES. For the avoidance of doubt, “Services” do not include, and we are not liable for, Third Party Services.
18. Limitation of Liability To the extent permitted by law, the aggregate monetary liability of any of the WorkHub Parties to you and your or their employees, agents, guests and invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, will not exceed the total amounts paid by you to us for the product or service from which the claim arose in the twelve (12) months prior to the claim arising, except to the extent caused by (i) the gross negligence, wilful misconduct or fraud of any WorkHub Party or (ii) the negligence of any WorkHub Party in the case of any bodily injury. None of the WorkHub Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree, on your behalf that, to the extent permitted by law, you may not commence any action or proceeding against any of the WorkHub Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual. You agree that you shall not commence any action or proceeding for amounts due or the performance of any obligations in connection with this Agreement against any person or entity other than WorkHub.
19. Indemnification To the extent permitted by law, you will indemnify the WorkHub Parties from and against any and all claims, including third party claims, liabilities, and expenses, including reasonable attorneys’ fees, resulting from any breach or alleged breach of this Agreement or any of the WorkHub Policies by you or your or their guests, invitees or pets or any of your or their actions or omissions, except to the extent a claim results from the gross negligence, willful misconduct or fraud of the WorkHub Parties. You shall not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon any of the WorkHub Parties unless you have first obtained our or the relevant WorkHub Party’s written consent. None of the WorkHub Parties shall be liable for any obligations arising out of a settlement made without its prior written consent.
20. Extraordinary Events WorkHub will not be liable for, and will not considered in default or breach of this Agreement on account of, any delay or failure to perform arising out of or caused by, directly or indirectly, forces that are beyond WorkHub’s reasonable control, including, without limitation, any delays or changes in construction of, or WorkHub’s ability to procure any space in, any premises; any conditions under the control of our landlord at the applicable WorkHub location; acts of God; epidemics or pandemics; or public health emergencies.
21. Your Insurance You are responsible for maintaining, at your own expense and at all times during the term of this Agreement, insurance in form and amount appropriate to your business.
22. Other members We do not control and are not responsible for the actions of other individuals you encounter through the use of the Services; this includes other WorkHub members and their guests at any WorkHub location. We do not endorse, support or verify the facts, opinions or recommendations of our WorkHub members. If a dispute arises between members, we have no responsibility or obligation to participate, mediate or indemnify any party, except to the extent that such dispute is the result of WorkHub’s gross negligence or willful misconduct.
23. Compliance with Laws You and WorkHub, each as to itself, shall comply with all applicable laws and regulations in connection with the Services under this Agreement.
24. Sanctions You hereby represent and warrant that during the term of this Agreement, you will comply with all applicable economic sanctions and export control laws and regulations.
25. Anti-Money Laundering You and WorkHub, each as to itself, hereby represents and warrants that at all times each has conducted and will conduct its respective operations in accordance with all laws that prohibit commercial or public bribery and money laundering (the “Anti-Money Laundering Laws”), and that all funds which each will use to comply with any payments obligations under this Agreement will be derived from legal sources, pursuant to the provisions of Anti-Money Laundering Laws. You will provide us with all information and documents that we from time to time may request in order to comply with all Anti-Money Laundering Laws.
26. Anti-Corruption Laws Neither party nor any of its directors, officers, employees, agents, subcontractors, representatives or anyone acting on your behalf, nor any of your Members, (i) has, directly or indirectly, offered, paid, given, promised, or authorized the payment of any money, gift or anything of value to: (A) any Government Official or any commercial party, (B) any person while knowing or having reason to know that all or a portion of such money, gift or thing of value will be offered, paid or given, directly or indirectly, to any Government Official or any commercial party, or (C) any employee or representative of WorkHub for the purpose of (1) influencing an act or decision of the Government Official or commercial party in his or her official capacity, (2) inducing the Government Official or commercial party to do or omit to do any act in violation of the lawful duty of such official, (3) securing an improper advantage or (4) entering into this Agreement, (ii) will authorize or make any payments or gifts or any offers or promises of payments or gifts of any kind, directly or indirectly, in connection with this Agreement, the Services or the Premises. For purposes this section, “Government Official” means any officer, employee or person acting in an official capacity for any government agency or instrumentality, including state-owned or controlled companies, and public international organizations, as well as a political party or official thereof or candidate for political office.
27. Governing Law and Dispute Resolution a. Class Action Waiver. To the fullest extent permitted by law, 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. You also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. b. Governing Law and Jurisdiction. This Agreement and the transactions contemplated hereby, shall be governed and construed in accordance with Portuguese law. Any disputes arising out of or in connection with the Contract, including its interpretation, integration and execution, shall be finally settled by the courts of Lisbon.
RULES & REGULATIONS
1. Object 1.1. These Rules & Regulations (the Regulations) define the conditions of operation and use of WorkHub, located at Praceta da Tabaqueira A2, in Lisbon, managed by De Praetere Management Consulting, Lda. (De Praetere).
2. Scope of application 2.1. The Regulation applies to all WorkHub users, holders of use contracts, and third parties invited by you to access the space. 2.2. The right to use the space is non-transferable and exclusive for the development of the user's professional activity.
3. User Equipment 3.1. In the coworking spaces, each user will be provided, for individual use, with a desk and an ergonomic chair. 3.2. The space will be equipped with a common lamp, electricity sockets, internet access via a Wi-Fi network. 3.3. The user shall use the equipment provided prudently and keep it in good condition. 3.4. In addition to the normal work tools that the user intends to place on top of his desk, the other equipment that he intends to place in the space must have the prior agreement of De Praetere. 3.5. Each user must take out and maintain civil liability insurance to cover damages to third parties and to the WorkHub resulting from the exercise of their activity or the use of their equipment.
4. Common Spaces and Services 4.1. Users will have access to use the following common spaces: a) Office kitchen; b) Lounge; c) Telephone booths; d) Sanitary facilities. 4.2. The common spaces are intended for temporary use and therefore users should refrain from working continuously in them. 4.3. Users must leave common spaces and other areas of the WorkHub clean after use, including, but not limited to, meeting rooms, telephone booths, dining areas, visual equipment, or any other space that may be used by another user. 4.4. Users will have access to the following services: a) Shared internet access via Wi-Fi; b) Receiving mail during WorkHub opening hours (however, De Praetere is not responsible for the whereabouts of mail that has not been signed for by one of its employees); c) Use of a mailbox available the WorkHub during the term of the use contract, upon payment of the applicable amount, which is available at https://portal.workhub.pt/faq; d) Use of meeting rooms during the opening hours of the space, subject to availability and appointment at https://portal.workhub.pt/, for the number of monthly hours indicated in the Particular Conditions of the contract; if and when applicable; e) Black and white and colour printing, upon payment of the applicable amounts, which are available at https://portal.workhub.pt/faq; f) Tea and fruit, subject to availability; g) Access to the WorkHub directory and the possibility to publish information about yourself or your business at https://portal.workhub.pt/ (subject to De Praetere’s right to remove any content deemed offensive, inappropriate or illegal); h) Participation in events, benefits and promotions, whose conditions are informed by De Praetere to users; i) Air conditioning available during WorkHub opening hours (applicable to offices). 4.5. For the avoidance of doubt, the number of hours per month available for the use of meeting rooms or the number of prints per month eventually agreed upon do not carry over to the following month in case of non-use. If the agreed monthly uses are exceeded, the excess use will be subject to payment of the amounts available at each time at https://portal.workhub.pt/faq.
5. Usage Rules 5.1. WorkHub users shall use the space and carry out their professional activity with courtesy, hygiene, safety and respect for other users. 5.2. All WorkHub users shall respect and comply with the provisions of this Regulation, regardless of whether they are the holders of use contracts, their personnel or merely invited guests, and the holders of the use contracts shall be jointly and severally responsible for compliance with the Regulation by their personnel and guests. 5.3. At WorkHub, smoking or the emission of sounds or noises that disturb other users is prohibited. 5.4. Users shall refrain from making speakerphone calls in open spaces and common areas of the WorkHub. 5.5. Pets are allowed to stay on the WorkHub, provided they are accompanied by their respective owners and duly identified with De Praetere, and their access may be revoked by De Praetere in case of non-compliance with the rules of hygiene, urbanity and the functioning of the WorkHub. 5.6. Users shall not use, manipulate or store any flammable, toxic, explosive, corrosive, unhealthy products or materials in the space or that, in any other way, may endanger the WorkHub or its users. 5.7. De Praetere will have the right not to allow the entry or stay of persons or equipment that, in its opinion, offend third parties or cause disturbances. 5.8. All guests must be previously identified with De Praetere, and it is expressly forbidden to give access to WorkHub to any guest or third party that has not been previously identified in the terms set forth herein. 5.9. Users shall not organize events or group activities in the WorkHub without prior written consent from De Praetere.
6. Opening hours and Access 6.1. Opening hours and access to the WorkHub are from 9:00 am to 6:00 pm on weekdays, excluding holidays andclosing dates previously communicated by De Praetere. 6.2. Access to the space is via app (SaltoKS), card or tag. 6.3. In case of loss of card or tag, the user must inform De Praetere immediately and the respective replacement will be subject to payment of the amount charged by De Praetere at each time. 6.4. It is expressly prohibited to copy or share with other users or third parties the means of access to the WorkHub.
7. Final Provisions 7.1. The provisions of the user contracts entered into with each user prevail over this Regulation. 7.2. Failure to comply with the Regulation is cause for termination of the respective user contract. 7.3. This Regulation may be amended when and in the way that De Praetere understands best. 7.4. De Praetere will not be responsible, in any way, for the activity carried out by users.