Terms and conditions

TERMS AND HOUSE RULES FOR USING AMSTERDAM COWORKING

These are the General Terms and Conditions of Amsterdam Coworking. These terms apply to the service agreement you have signed (hereinafter referred to as “the agreement”). This agreement replaces all previous agreements between Amsterdam Coworking and the customer. Changes to the agreement and these terms can only be made in writing.

STANDARD SERVICES INCLUDED IN THE BASE AMOUNT

Package A: €59,- per month** (NOTE: With this option, you pay 1 year in advance) – Registration Address for the Chamber of Commerce – Virtual office – Mail scan service (10 mail items per month) after that €1.00 per item (no packages***) – Business reception address – Monthly cancellable – Optional 020 number (Note: At an additional charge)

Package B: €70,- per month* – Registration Address for the Chamber of Commerce – Virtual office – Mail scan service (10 mail items per month) after that €1.00 per item (no packages***) – Business reception address – Monthly cancellable – Optional 020 number (Note: At an additional charge)

Package C: €99,- per month* – Registration Address for the Chamber of Commerce – Virtual office – Mail scan service (50 mail items per month) after that €1.00 per item (no packages***) – Business reception address – 32 hours per month of access to a premium workspace – Monthly cancellable – 020 number

* Prices are exclusive of 21% VAT. We also ask for a 1-month deposit, which will be refunded after termination of the agreement.
** We do not charge a deposit for Package A.
*** We do not accept packages that do not fit through a mailbox. See paragraph 2.5.

1. USE OF THE FACILITY
1.1
Flex Workstations
Amsterdam Coworking provides flex workstations. A flex workstation consists of a desk, office chair, and access to the internet. The use of basic facilities such as water, coffee, and tea is included. The layout of the flex workstations may be adjusted over time without any prior notice to the customer. Amsterdam Coworking will not charge the customer additional fees for this, nor will the customer be entitled to any compensation or adjustment. Additional charges will always apply for flex workstations. If, for any reason, Amsterdam Coworking is unable to provide the agreed-upon flex workstations at the start of the agreement, Amsterdam Coworking is not liable nor can Amsterdam Coworking be held responsible for this. However, the customer may claim compensation for the inability to use the flex workstations. This is only possible if Amsterdam Coworking is unable to offer these flex workstations, for any reason. If the customer wishes to terminate the agreement due to this reason, they may do so according to the agreed termination notice period.

1.2
Rental of Physical Office Spaces
This applies only if you rent a physical office space. Upon taking possession, the customer and Amsterdam Coworking will inspect the office together. The customer agrees that the office is in good condition. Amsterdam Coworking always has access to the office space. Unless there is force majeure (emergency situation), Amsterdam Coworking will attempt to notify the customer in advance when viewings, inspections, tests, repairs, other routine tasks, cleaning, or maintenance need to be carried out, or when the office space will be shown to potential future clients. Amsterdam Coworking will always maintain confidentiality regarding the customer’s business operations and will adhere to any security regulations requested by the customer.

1.3
Usage
The flex workspace and physical office spaces may only be used for office purposes. It is prohibited to keep animals in the building. The customer shall not offer or give the flex workspace or office space to third parties. Renting out flex workspaces or office spaces from Amsterdam Coworking to third parties is strictly prohibited. Likewise, continuing a business that competes with Amsterdam Coworking in offering offices and flex workspaces is prohibited.

1.4
Your Name and Address
The name Amsterdam Coworking may not be used by the customer in any way or be associated with the customer’s business. It is not allowed to place (advertising) boards around or in the office space/the rest of the building. The Amsterdam Coworking address may only be used as a correspondence and business address after the lease agreement has been agreed upon.

1.5
Upon Taking Possession of the Flex Workspace
The customer shall maintain the layout of the flex workspaces and office spaces in accordance with the inventory list and ensure that the flex workspaces and office spaces, along with their intended furnishings, are not damaged or altered in any way. The customer is liable for any damage caused by the customer or by those using the space with the customer’s consent, including in the common areas. The flex workspaces are not a replacement for a full-time office and must be cleared at the end of each day. You are solely responsible for your own belongings, and Amsterdam Coworking is not responsible for any property left unattended.

1.6
Office Furniture and Equipment
It is prohibited to add any other furniture, office equipment, cables, IT or telecommunication equipment, or similar connections to the office space without prior written consent from Amsterdam Coworking.

1.7
Key and Security (Applicable only when renting a physical office space)
All keys are the property of Amsterdam Coworking. It is prohibited to duplicate or give them to third parties without prior consent from Amsterdam Coworking. In case of loss or theft, Amsterdam Coworking must be notified immediately. Any costs arising from this will be borne by the customer. During office hours and outside regular office hours, the customer is responsible for properly locking the doors of the office space and the building.

1.8
Legal Obligations
The customer must comply with all laws, regulations, and orders applicable to them or their business operations. The customer must not engage in unlawful conduct. The customer must refrain from any activities that could hinder, damage, or cause nuisance to others or Amsterdam Coworking, or that could result in higher insurance premiums, or cause loss or damage to Amsterdam Coworking, the building owner, or other stakeholders.

1.9
Insurance
The customer must insure their property, employees, and any third parties visiting the customer during the agreement. Amsterdam Coworking accepts no liability for this.

2. OFFICE SERVICES
2.1
Additional Services and Office Hours
Amsterdam Coworking will provide services during regular office hours from Monday to Friday, excluding public holidays. All additional services, referred to as Services, will be provided during office hours from 9:00 AM to 5:30 PM. If Amsterdam Coworking deems a request for a particular service excessive, Amsterdam Coworking reserves the right to charge extra costs in addition to the usual fees based on the time required to provide the service. Please contact the Office Manager for rates for additional services.

2.2
IT and Internet
Our internet connection provides internet access for regular business activities, such as web browsing and sending and receiving electronic communications. Our internet service may only be used for legal purposes and may not be used for criminal activities, violations of local, federal, or international laws, or other government regulations. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of property; fraud, forgery, or embezzlement of money, credit cards, or personal information; violation of import/export laws and regulations; defamation or slander; threats of physical violence; harassment or criminal behavior leading to civil liability. We reserve the right to terminate the agreement immediately if any of these violations occur. You must take all necessary security measures, such as a firewall, that you deem necessary for your circumstances. Amsterdam Coworking is not responsible for system damage caused by viruses or other software-related issues. Amsterdam Coworking is not responsible for personal or third-party data visible on the network.

2.3
Mail Processing
Amsterdam Coworking offers only the standard mail service in all packages. The standard mail service includes: Receiving a maximum of 10 mail items per month, scanning (digitizing) these mail items, and sending them to the relevant email. The mail items will be stored for 24 hours after scanning and then destroyed. An additional charge will apply for each extra mail item received. Debit cards, credit cards, fuel cards, vehicle documents, and similar cards will be stored until picked up. Collection of these items will always require the customer to show identification before the item is handed over. Amsterdam Coworking is not responsible for missing mail items and cannot influence the functionality of postal services.

2.4
Optional Mail Processing
The customer has the option to request additional mail processing. If the customer desires more mail processing for any reason, they may choose from the following options: Archiving the mail or sending the mail monthly within and outside the EU. Archiving the mail incurs costs separate from the monthly sending of the mail. If only archiving the mail is requested, the customer is responsible for collecting the mail regularly to avoid overflowing archive cabinets. Optional mail processing incurs additional costs.

2.5
Packages
Amsterdam Coworking does not accept packages that do not fit through the letterbox. If packages larger than this size are delivered, they will be returned immediately. Amsterdam Coworking is not responsible for missing packages. Amsterdam Coworking will also not accept packages after the customer has informed Amsterdam Coworking about the package delivery. Likewise, Amsterdam Coworking will not inform the customer about packages if a package service leaves a package.

2.6
Phone Service
All packages can request this optional service. The costs will be added to the monthly charges. The phone service provided by Amsterdam Coworking is solely a fixed phone number that can be forwarded to the customer’s desired number. The customer cannot make calls from this fixed phone number; calls can only be received. Amsterdam Coworking will also not take calls on behalf of the customer’s company, nor can the customer use the Amsterdam Coworking phone number for personal or business purposes. The requested phone number cannot be retained after the agreement is terminated.

3. THE AGREEMENT

3.1
Commencement of Agreement
After the first payment and possession of a signed agreement, the customer is officially registered at the Amsterdam Coworking address and may use the included services from the start of the agreement. The general terms and conditions of Amsterdam Coworking and the house rules, as described in this document, will come into effect at this time.

3.2
Cooling-Off Period
After purchasing one of the services/packages offered by Amsterdam Coworking, the customer has a legal right of withdrawal for 14 days. This period begins on the date of the first payment. If the customer exceeds the 14 days, the agreement will be binding immediately for the specified period. If the customer wishes to terminate the agreement after the 14 days, they must follow the regular termination procedure (see paragraph 3.3).
3.2
Cooling-off Period
After purchasing one of the services/packages offered by Amsterdam Coworking, the customer has a statutory right of withdrawal of 14 days. This period starts from the date of the first payment. If the customer exceeds the 14-day period, the agreement becomes immediately binding for the indicated term in the agreement. If the customer wishes to terminate the agreement after the 14 days, this will be done according to the standard termination notice period (see paragraph 3.3).

3.3
Extension and/or Cancellation of the Agreement
Agreements for Package B and C can be canceled per full calendar month. This means that upon cancellation, a full calendar month will still be invoiced, and services will continue during that period. For Package A, the entire year must be paid upfront at the start of the agreement, and after completing the first year, it can be canceled monthly. Cancellation must be done in writing, either by email or by letter. Amsterdam Coworking cannot confirm cancellations by phone, and such cancellations will not be valid. Amsterdam Coworking may decide not to renew the agreement. The customer will be informed about this in writing via the provided email address. Amsterdam Coworking will observe the aforementioned notice period. This applies only to the renewal of an agreement. Amsterdam Coworking retains the right to terminate the agreement immediately (see paragraph 3.5).

3.4
Immediate Termination
Amsterdam Coworking can terminate the agreement with immediate effect, without giving any reason (unless required by law), if the customer:
– does not pay the amounts owed on the due dates;
– fails to fulfill any obligations from the agreement;
– uses the office space inappropriately, or allows employees, third-party invitees, or unannounced visitors to do so;
– loses full control over their assets or part of them, such as being placed under guardianship;
– is declared legally incompetent;
– if the customer is not a natural person, loses legal personality, is dissolved, or ceases to exist;
– is declared bankrupt;
– offers a settlement outside bankruptcy or if property is seized from the customer;
– passes away;
– fails to provide the required documents and responses to the questions Amsterdam Coworking asks in accordance with regulations regarding virtual office registration and renting. (See paragraph 5)

If Amsterdam Coworking terminates the agreement immediately based on the reasons mentioned above, the customer must still comply with the following conditions and obligations:
– payments for any additional services used;
– payments for the base amount for the remaining term of the agreement if no immediate cancellation has occurred by Amsterdam Coworking;
– compensation for all costs incurred by Amsterdam Coworking and any damages suffered. Amsterdam Coworking is not responsible for any costs, losses, or claims from third parties due to the immediate termination.

3.5
After Termination of the Agreement
When an agreement is terminated, the customer must unregister from the Chamber of Commerce in a timely manner. Services will be stopped as of the termination date. Letters and such will be returned to the sender. In the case of renting a physical office space, the customer must vacate and clean the space before the termination date. The space must be vacated and cleaned by the termination date. If Amsterdam Coworking has to clear any remaining property at its own cost, it can dispose of it at the customer’s expense and in the manner chosen by Amsterdam Coworking, without being held liable to the customer. The same applies to any cleaning costs that may arise from the office space not being cleaned according to requirements. We reserve the right to charge additional fees for repairs that are necessary beyond normal wear and tear. If the customer continues to use the office space without authorization (after the agreement has ended), a different rate will apply.

4. COSTS
4.1
Monthly Base Costs
The monthly base costs depend on the package the customer selects and any additional service costs. These are invoiced one month in advance. Example: The invoice for August is sent on July 1st. If the customer wishes to stop a recurring service, this must be communicated in writing. Amsterdam Coworking will then stop the services as of the next calendar month.

4.2
Deposit
At the start of the agreement, a deposit equal to one month’s base cost will be invoiced in addition to the base costs of the agreement. This amount is the same as the monthly base costs for the selected package. Additional service costs are included. All requests for the return of the deposit must be made in writing (i.e., by email or letter) by the customer. The customer is responsible for requesting the return of the deposit. The deposit can be requested for up to 30 days after the termination of the agreement. The deposit will only be refunded if the customer has settled all outstanding debts. If not, Amsterdam Coworking reserves the right to withhold the entire deposit.

4.3
Payment
All invoices will be sent electronically to the customer. The customer should aim to make payments always through an automated method such as automatic transfer, iDeal, credit card payments, or other payment methods made available by Amsterdam Coworking. Payments by cash will be refused. Invoices must be paid by or on the due date indicated on the invoice.

4.4
Taxes and Charges
The customer agrees to pay all sales, usage, consumption taxes, excise duties, and any other tax or fee for licenses that the customer is required to pay to government authorities.

4.5
Late Payments
If the customer cannot pay the monthly costs on time, the customer will be reminded up to three times in the following month about the outstanding costs. If payments are still overdue after reminders, the customer will be referred to the debt collection agency Amsterdam Coworking works with. If the customer is referred to the collection agency, payments and associated collection fees must always be handled through the collection agency. Amsterdam Coworking also reserves the right to stop services until the outstanding costs are paid.

4.6
Withdrawal of Payments
If the customer decides to withdraw or return the monthly costs for any reason, this will be considered grounds for Amsterdam Coworking to terminate the agreement immediately. The customer will be informed by email.

4.7
Discounts, Promotions, and Offers
If the customer benefits from a discount, promotion, and/or offer set up by Amsterdam Coworking, this discount, promotion, and/or offer will be terminated without notice if the customer materially breaches the agreement.

5. LAWS AND REGULATIONS
5.1
Compliance Statement
As a customer of Amsterdam Coworking, you acknowledge the importance of complying with all applicable laws and regulations and maintaining the highest ethical standards in all our business activities. We are committed to meeting all relevant legal requirements and industry regulations (including the Anti-Money Laundering and Terrorist Financing Act (WWFT), see https://www.rijksoverheid.nl/onderwerpen/financiele-sector/aanpak-witwassen-en-financiering-terrorisme/veelgestelde-vragen-wwft, and the Sanctions Act) applicable to our services and our operations as a domiciliation service provider.

5.2
Internal Guidelines
Our company strives for transparency, integrity, and fairness in all our relationships with customers, suppliers, employees, and other stakeholders. We follow internal guidelines and procedures to ensure that we comply with applicable laws and regulations, and we ensure that our employees are informed and trained on compliance measures.

5.3
Client Research
As part of our client research, for which we need to receive documents and data from you, we aim to ensure strict compliance with applicable laws and regulations, including the Anti-Money Laundering and Terrorist Financing Act (WWFT) and the Sanctions Act. Therefore, we would like to inform you that we may require additional information from you depending on the outcome of the initial client research carried out by our staff and compliance officers. Without full and up-to-date information, we cannot perform our client research and are obligated to either not start or discontinue the service.

5.4
Timely Submission
We kindly request that you provide all requested documentation and additional information within 14 days from the date of our request. This timeline is crucial for us to carry out our mandatory WWFT client research on time and properly and to comply with our legal obligations.

5.5
Penalty Fee
If you fail to respond within the specified period, we will be forced to impose a penalty of €250. This penalty is based on the delay we experience in our compliance process and its potential impact on our organization. If you have not responded after 3 months, the penalty will increase to €500. After 6 months, the penalty will be €1,000, and if there is a delay of one year, we reserve the right to proceed with unilateral deregistration. Article 6:74 Dutch Civil Code. We emphasize that imposing a penalty is not our preference, and our intention is to collaborate on full compliance with applicable regulations. However, to maintain the integrity and reputation of our organization, we must strictly enforce the timely receipt of the necessary information.

5.6
Relevant Laws and Regulations
As part of our commitment to compliance, we ensure that any breaches or violations of laws or regulations are immediately addressed and resolved. We encourage our employees and stakeholders to report any concerns regarding compliance through our internal whistleblower channels.

5.7 Key WWFT Points:
5.7.1 Client Research: Obligation to identify and verify clients before establishing business relationships.

5.7.2 Identification of Ultimate Beneficial Owners (UBOs): Obligation to identify, verify, and record the UBOs of customers.

5.7.3 Risk-based Approach: We as an organization must carry out risk assessments to determine which clients and transactions pose a higher risk for money laundering or terrorist financing.

5.7.4 Reporting Obligation: If there is suspicion of money laundering or terrorist financing, Amsterdam Coworking is required to report the case to the Financial Intelligence Unit (FIU) under the WWFT.

5.7.5
Data Storage
As an organization, we are required to store relevant information and data related to our clients and transactions for a specific period.

5.7.6
Internal Procedures and Control Mechanisms
As an organization, we must implement procedures to ensure compliance with the WWFT, including training employees and monitoring transactions.

5.7.7
Prohibition of Transactions with Prohibited Persons or Countries
As an organization, we must avoid doing business with individuals or countries that are subject to international sanctions. We believe that compliance with legal requirements is not only essential for our business operations but also contributes to the trust and reputation of our company in the market. As a customer of Amsterdam Coworking, you can trust that we make every effort to comply with all relevant laws and regulations.

5.8
Transaction Monitoring
It is vital for organizations to comply with transaction monitoring requirements and third-party payments to maintain the integrity of their business activities and fulfill legal obligations under the WWFT. Controls and Authorization: Internal controls and authorization processes must be implemented to ensure that third-party payments are justified and approved.

5.9
Reporting Obligation
As a reporting entity, Amsterdam Coworking and other companies subject to the Anti-Money Laundering and Terrorist Financing Act (WWFT) have certain obligations towards the Financial Intelligence Unit (FIU). These obligations include:

a. Obligation to report unusual transactions
b. Timely and complete reporting
c. Confidentiality
d. Cooperation with the FIU
e. Recording reports and data storage: If you have questions about our compliance practices or wish to report potential violations, please do not hesitate to contact us. We value your feedback and take every report seriously.

6. LIABILITY
6.1
Damage Incurred
Amsterdam Coworking is not liable for damage caused to the person and/or property of the customer or third parties due to visible or invisible defects in the office space, building, or complex that houses the office space. This also applies to defects arising from weather conditions, disruption in the accessibility of the office space, interruptions in the supply of gas, water, electricity, heating, ventilation, or air treatment, malfunction of installations and equipment, inflow of gases or liquids, fire, explosion, and other incidents, disturbances in the enjoyment of the office space, or disturbances in the service provision of Amsterdam Coworking, except in cases of damage caused by gross negligence or serious neglect of Amsterdam Coworking regarding the state of the office space or building. Amsterdam Coworking is not liable for business losses of the customer or damage caused by activities of other customers or third-party interference with the use of the office space.

6.2
Liability for Office Space
The customer is obliged to take timely measures to prevent and limit damage to the office space. The customer must immediately notify Amsterdam Coworking if any damage to and/or in the office space occurs or threatens to occur.

6.3
Liability for Service
If, for any reason, Amsterdam Coworking cannot provide its services, its liability is limited to reimbursing a reasonable portion of the base amount.

6.4
Liability for Profit/Loss
Amsterdam Coworking is in no event liable for any lost revenue, lost profits, loss of expected (cost) savings, loss or damage to data, third-party claims, or consequential damages. Amsterdam Coworking is also not responsible for the success or failure of the customer’s business.

6.5
Insurance Against Damage
The customer is strongly advised to insure themselves against such losses, damages, costs, or claims.

6.6
Costs Arising from Damage
Costs incurred by Amsterdam Coworking due to negligence of the customer will be charged to the customer.

6.7
Liability of Employees
Amsterdam Coworking cannot be held liable, nor can costs be charged for errors caused by employees of Amsterdam Coworking.

17
ANNUAL RENTAL ADJUSTMENT
The price of the monthly rental costs will be adjusted on January 1st of the following year. This will be calculated based on the CPI Index.

30
ADDITIONAL SERVICE AND CATERING
If these optional services are available: The price for additional services and catering will be invoiced monthly in arrears at the rates disclosed by Amsterdam Coworking and must be paid within 7 days after the invoice date, unless otherwise agreed.

HOUSE RULES

1. A virtual office must be requested by the customer per company. Customers who want a virtual office for more than one company must request a virtual office per company. Additional service costs, such as extra mail service fees, will be charged per company and invoiced separately.
2. The customer is responsible for registering and deregistering the registration address with the Chamber of Commerce. Upon deregistration, the customer must arrange this within 10 days.
3. It is prohibited to use the registration address of Amsterdam Coworking without a signed agreement.
4. It is not possible to carry over the 32 hours or remaining hours of using the flex desks (package C) to future months or use them for the meeting room. (This rule applies only to old contracts.)
5. Employees and customers must behave professionally. The customer must ensure that the noise level in the office space, meeting room, and/or flex desks does not disturb others. The noise level should be kept at such a level that others using the office space, meeting room, and/or flex desks are not disturbed. The customer must always comply with the instructions from Amsterdam Coworking regarding the use of spaces, security, and other matters that apply to all users.
6. It is not allowed to bring animals other than guide dogs into the spaces of Amsterdam Coworking.
7. Any form of smoking is prohibited inside all areas of Amsterdam Coworking.
8. Amsterdam Coworking is not responsible for the loss or damage of delivered items (e.g., packages).
9. The customer indemnifies Amsterdam Coworking from any liabilities related to mail or packages sent or received on their behalf.
10. The customer is aware that any equipment brought into Amsterdam Coworking’s premises is at their own risk. Amsterdam Coworking is in no way liable for the loss or damage of such equipment and will reject any responsibility for it.
11. For safety reasons, Amsterdam Coworking records video footage. This is clearly indicated upon entering the premises of Amsterdam Coworking.
12. Amsterdam Coworking, its employees, and its customers have the right to work in a safe, threat-free, and harassment-free environment. Amsterdam Coworking reserves the right to immediately terminate the customer’s agreement in the case of such behavior towards its employees.
13. Amsterdam Coworking reserves the right to charge additional fees for excessive services. These will be discussed and agreed upon when the customer requests these services.
14. All notices and communications made by Amsterdam Coworking or the customer must be made in writing.
15. An agreement is personal and cannot be transferred to another person and/or company.
16. In the event of force majeure, Amsterdam Coworking is entitled to suspend the agreed services (including access to the premises) with prior notice, if possible. Amsterdam Coworking will inform the customer about the events caused by force majeure, if possible. A suitable alternative solution will be offered to the customer if services are suspended.
17. Amsterdam Coworking may, at any time, with or without notice, make adjustments to the general terms and conditions and associated house rules.
18. If the customer approaches or hires employees of Amsterdam Coworking during or after the termination of the agreement, the customer will owe Amsterdam Coworking an immediately payable recruitment fee. The recruitment fee is an amount equivalent to 6 months’ salary of the relevant employee. This also applies to employees working on an interim or secondment basis.
19. Amsterdam Coworking and the customer will comply with all confidentiality laws and regulations that apply.
20. The customer agrees that Amsterdam Coworking may collect and process data about the customer and their business during and after the agreement. The customer is responsible for granting permission for the data provided to Amsterdam Coworking.
21. The data collected by Amsterdam Coworking and provided by Amsterdam Coworking regarding the agreement is confidential. Neither party may disclose this without permission unless Amsterdam Coworking is required to do so by law or a government authority. This obligation remains in force even after the termination of the agreement.
22. Amsterdam Coworking reserves the right to provide customer data to the relevant authorities in case of fraud prevention or other criminal activities.
23. The virtual office/business address is exclusively for business use. If the customer uses this address for private purposes, this will be a reason for Amsterdam Coworking to immediately deny the customer access to the business address.
24. Amsterdam Coworking B.V. will inform the Chamber of Commerce when the client investigation, prior to or during the service, fails, making the right to registration at the address of Amsterdam Coworking B.V. no longer valid.