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Coworking Contract terms

Effective Date: October 21, 2023

This document regulates the agreement established between Laboratório do Avô, Lda, a limited liability company, headquartered at Rua do Bonjardim, No. 1160, 4000-122 Porto, tax identification number 514 304 200, hereinafter referred to as "Laboratório do Avô," and the CLIENT of the FISGA SPACE services identified in the Specific Conditions of this contract, whose effective date is determined by the payment of the first monthly fee in accordance with these terms and conditions, which the CLIENT hereby accepts all the terms and conditions established in this agreement.

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GENERAL CONDITIONS

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1) OBJECT:

  1. Laboratório do Avô operates and manages the coworking spaces known as FISGA SPACE, hereinafter "FISGA," as identified below:
  1. FISGA GARDEN, located at Rua do Bonjardim, 1160, 4000-122 Porto
  2. FISGA WAREHOUSE, located at Rua de Santos Pousada, 826, 4000-485 Porto
  1. The FISGA spaces provide their CLIENTS with the services detailed in Annex I to this contract, called Membership Information, which the CLIENT expressly acknowledges and agrees to.

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2) SERVICE TERMS:

  1. FISGA will provide the CLIENT with the use of physical office space in the selected coworking space, according to the contracted modality as described in Annex I - Membership Information.
  2. The services will have the contracted duration, including any renewals, and may be altered by both parties during the term of this contract by mutual written agreement.
  3. The service includes the right to use, during operating hours, undesignated space in an office located in the chosen FISGA Space, with chair, desk, free internet access (WiFi), use of restrooms, shared kitchen, and recreational area, all operational costs included in the paid amount, excluding damages caused by improper use of the space.
  4. Depending on the modality chosen by the Client, access to a meeting room may be included, according to the conditions of use established in the Annex.
  5. The provision of computers or laptops by FISGA Spaces is not included in this contract, and it is the CLIENT's responsibility to provide such equipment.
  6. The use of any additional services requested by the Client will be subject to payment at the price fixed in the FISGA price list.

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3) ACCESS AND STAY CONDITIONS:

  1. The operating hours of FISGA spaces are from Monday to Friday, from 8:00 a.m. to 9:00 p.m., although they may be subject to changes without constituting a failure to provide the service.
  2. In the event of fortuitous events or force majeure, the operating hours may be changed without prior notice to the Client, without constituting a breach of the space's availability under the contract, and such change shall not entail any civil liability for FISGA.
  3. The Client may access the FISGA space and use the contracted services during the opening hours of the facilities, using the provided access code. It is expressly prohibited for the client to provide the access code to third parties.
  4. The Client is the sole beneficiary of the service, which is personal and non-transferable in nature, and may not assign, in whole or in part, its contractual position to third parties without prior written authorization from Laboratório do Avô.
  5. During the stay in the FISGA Space facilities, the Client must behave courteously and politely, avoiding disturbing other users, and respecting the rules of use imposed by this contract.
  6. Noise levels should be kept to a minimum to avoid disturbing other clients, and the use of speakers, loud phone calls, or other activities that may disrupt the tranquility of the space is prohibited.
  7. Smoking is strictly prohibited inside the facilities.
  8. The use of spaces and equipment shared by Clients must be done in accordance with a policy of responsible use, with respect for other users.
  9. The consumables made available to Clients of FISGA Spaces, such as coffee, tea, water, or others, are provided as a courtesy, and Laboratório do Avô assumes no obligation to maintain the quality or availability of the products, particularly in case of stockouts.

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4) EXCLUSIONS

  1. To the maximum extent permitted by applicable law, Laboratório do Avô shall not be liable to the Client for any losses or damages that the Client may suffer, including, without limitation, any losses or damages resulting from the failure to provide a service due to breakdown, strike, event or natural disaster, storm, flood, or other event beyond the reasonable control of Laboratório do Avô.
  2. Although FISGA Spaces have implemented Internet security protocols and efforts to provide efficient Internet connectivity, Laboratório do Avô does not guarantee the maintenance of any level of network connectivity or Internet connection, nor the security level of the information and data placed by the Client therein. The Client must adopt security measures (such as encryption) that it deems appropriate for its activity.
  3. The use of the space for illicit purposes or in violation of morality and good customs is expressly prohibited.
  4. The Client undertakes not to access or attempt, by any means, to gain control of the routers, servers, computer systems, and/or networks of FISGA Spaces or third parties, through hacking, password mining, or any other methods.
  5. The use of space for filming, recordings, and environmental eavesdropping without the express authorization of Laboratório do Avô is prohibited.
  6. The Client is prohibited from indicating the address of FISGA Spaces as its commercial address, for receiving mail or parcels, except with the express written authorization provided by Laboratório do Avô.
  7. Laboratório do Avô shall not be liable for accidents occurring with the Client within its establishment, whether due to misuse of the equipment it provides, the Client's health problems, or others.
  8. The Client is not allowed to leave or store any goods or equipment in FISGA Spaces, except under the conditions of the service plan that contemplates this possibility. Laboratório do Avô shall not be liable for any loss or damage suffered to any belongings of the Client left on the premises of FISGA Spaces.
  9. Laboratório do Avô shall not be liable for the actions of its Clients, nor assume any obligation or responsibility for any contractual or non-contractual relationship between the Client and third parties, within FISGA Spaces, and Laboratório do Avô does not assume any joint or even subsidiary liability, before the Client or third parties.
  10. All content, including text, images, logos, or other materials on the website or FISGA Spaces, is subject to intellectual property rights, and the Client is prohibited from using, copying, or distributing them by any means without prior written authorization from Laboratório do Avô.

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5) INSURANCE

  1. Laboratório do Avô has taken out civil liability insurance, under the terms of which it has transferred to the insurer the responsibility for compensating any damages suffered by the Client up to a maximum of 300 euros per sinister.
  2. However, it is strongly suggested that the Client obtain insurance covering any potential losses, damages, expenses, or liabilities suffered or caused to a third party, including personal accidents, equipment damage, or others, within the scope of the use of FISGA Space.

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6) DATA PROTECTION

  1. Each party will comply with all applicable data protection legislation.
  2. The Client acknowledges and accepts that Laboratório do Avô collects and processes its personal data under this service contract. All personal information provided by the Client will be processed in accordance with the applicable Privacy Policy.

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7) PAYMENTS:

  1. For the services contracted herein, the Client shall pay Laboratório do Avô the amounts related to the chosen service plan, according to the price list in force at the time of contracting, observing the form, deadline, terms, and conditions of payment provided in this contract.
  2. Payment for the contracted period is due on the date of the contract or its renewal. The non-timely payment of any amounts due legitimizes Laboratório do Avô to prevent the Client from accessing the FISGA Spaces.
  3. Any material damages resulting from damage to the establishment or equipment of Laboratório do Avô or third parties caused by the Client shall be the responsibility of the Client, without prejudice to criminal liability for damage, upon verification of the respective conditions.
  4. The Client is responsible for the proper use and care of the movable property integrated into the FISGA Spaces, and undertakes to indemnify Laboratório do Avô for any damages caused by the improper use of the space.

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8) CANCELLATION AND TERMINATION

  1. Either party may oppose the renewal of this contract, without the need for any justification, by written communication addressed to the other party, with a minimum notice period of 5 (five) days from the date of the end of the current contractual period.
  2. Failure by the Client to comply with the notice period established in the previous paragraph shall entail payment of the value of the following renewal period.
  3. The Client may terminate this contract at any time by written communication addressed to Laboratório do Avô. Termination of the contract by the Client implies the loss of any amounts paid, and the Client shall not be entitled to claim from Laboratório do Avô the refund of any amount, designated, but not exclusively, for periods of use paid in advance and not used.
  4. In the event of non-compliance by the Client with any of the obligations set forth in this contract, Laboratório do Avô may terminate the contract with immediate effect by written communication addressed to the Client, revoking the Client's access to the FISGA Spaces, without prejudice to the Client's duty to indemnify the other party for all damages and losses caused, in accordance with general law.

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9) COMMUNICATIONS

  1. The parties expressly agree that any written communication addressed to them by the other party shall be deemed to have been made on the date of sending an email to the email address specified in the Specific Conditions.

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10) CHANGES

  1. Laboratório do Avô may, at its discretion, modify these General Conditions as it deems appropriate. Any changes will be communicated to the Client, as contractually provided, and shall come into effect on the date of communication. Any changes made shall replace the previously effective version of the General Conditions.
  2. In the event that the Client does not agree with any changes to the General Conditions, the Client may oppose the renewal of the contract at the end of the current period.

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11) SEVERABILITY

  1. In the event that any clause or provision of this contract is declared invalid, illegal, or void, in whole or in part, this shall not invalidate the entire contract, which shall remain in force in accordance with the law.

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12) APPLICABLE LAW AND JURISDICTION

  1. This contract is exclusively governed by Portuguese law.
  2. In the event of a dispute arising from any matter related to this contract, the courts of the Comarca do Porto shall have exclusive jurisdiction, with express exclusion of any other jurisdiction.

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