Rental Agreement
Please read the following terms and conditions carefully
Your Rental Selection
PARTIES
This Agreement is made between:
Provider: Ricardo Herbstrith Carvalho Unipessoal LDA, NIPC: 517178737, with registered office at Rua Joaquim António de Aguiar, 150, 4300-465 Porto, hereinafter referred to as the "Provider"
Member: The individual or company subscribing to the coworking space services, hereinafter referred to as the "Member"
ARTICLE 1 - OBJECT AND ACCEPTANCE
1.1 This Agreement governs the provision of coworking services for non-exclusive use of a hot desk in the open coworking area, including access to work spaces, infrastructure, equipment and complementary services, under the conditions defined herein.
1.2 Contract of Adhesion: This is a contract of adhesion ("take it or leave it") and is not subject to negotiation. By proceeding with this Agreement, the Member accepts all terms without modification.
1.3 Tacit Acceptance: Continued use of the premises after receipt of any modified terms constitutes automatic acceptance of those terms. The Provider may modify this Agreement with 15 days' written notice.
ARTICLE 2 - RENTAL TERMS AND SPECIFICATIONS
2.1 Hot Desk Specifications: The Member is granted non-exclusive access to use any available hot desk in the open coworking area on a first-come, first-served basis. There are 10 hot desks available for shared use among hot desk members.
2.2 Included Amenities: Each hot desk includes one shared desk space and one ergonomic chair. Storage is not provided and personal items must be removed daily.
2.3 Access Hours: Access is granted during business hours from 8:00 AM to 6:00 PM, Monday through Friday, excluding public holidays. The Member does not receive keys and access is conditional upon the coworking space being open.
2.4 Contract Period: This Agreement commences on the day following the execution of this Agreement and continues on an annual basis with automatic renewal until formally terminated according to Article 9.
ARTICLE 3 - SERVICES INCLUDED
3.1 The following services are included in the rental fee:
- High-speed fiber internet connection (subject to availability and technical limitations)
- Use of common areas (lounges, kitchen facilities)
- Provision of coffee, tea and water (available during business hours, subject to availability and stock)
- Cleaning and maintenance of common areas
- Use of restroom facilities
- Access control and building security
- Printing and copying according to the contracted plan
- Reception of mail and packages is not included in hot desk membership
- Meeting Room access is not included in the basic hot desk membership
ARTICLE 4 - FINANCIAL TERMS
4.1 Annual Fee: The annual fee for Hot Desk access is €600 (six hundred euros), exclusive of VAT.
4.2 Payment Authorization: Payment shall be made through automatic debit via credit or debit card subscription. The Member hereby provides irrevocable authorization for the Provider to charge the designated card on the day immediately following the expiration of each annual term (the day after the yearly anniversary of the Effective Date) for the annual fee throughout the duration of this Agreement.
4.3 Chargeback Fee: If the Member disputes a valid charge with their card issuer (chargeback), the Member shall be liable for a €75 administrative fee in addition to the original amount due.
4.4 Late Payment: In case of payment delay exceeding 5 (five) business days, the Provider may:
- Suspend the Member's access to the space until full payment is received
- Charge a late fee of 15% of the annual fee
- Charge interest at the legal rate for commercial transactions
- Terminate this Agreement pursuant to Article 9.2
4.5 No Refunds: No refunds will be issued for early termination, non-use of the facilities during the contracted period, or termination for breach of contract by the Member.
4.6 Outstanding Payments: Upon termination for any reason, the Member remains liable for all outstanding payments for the entire period the Agreement was valid, including any additional fees, penalties, or damages incurred by the Provider.
4.7 Price Adjustments: The Provider reserves the right to adjust prices with 30 days' written notice.
ARTICLE 5 - MEMBER OBLIGATIONS AND RESTRICTIONS
5.1 Proper Use: The Member shall use the space responsibly and respectfully, in accordance with internal regulations and all applicable laws.
5.2 No Subletting: The Member shall not assign, sublet, share, or transfer the space with third parties under any circumstances.
5.3 Property Care: The Member shall maintain equipment and furniture in good condition and shall be financially responsible for any damage beyond normal wear and tear.
5.4 No Modifications: The Member shall not make structural changes, install fixtures, add furniture, alter electrical systems, paint, drill, or otherwise modify the premises without prior written authorization. Any unauthorized modifications will be restored at the Member's expense.
5.5 Conduct and Prohibited Activities: The Member shall avoid activities that disturb other users' work environment. Specifically prohibited activities include but are not limited to:
- Telemarketing or high-volume phone sales
- Multi-level marketing or pyramid schemes
- Cryptocurrency mining or high-power computing operations
- Excessive noise, disruptive behavior, or inappropriate conduct
- Any action that may damage the Provider's reputation
- Any illegal activities or violation of applicable laws
5.6 Guest Policy: Guests are not permitted in the hot desk area. For meetings with guests, the Member must reserve and use meeting rooms (subject to availability and additional fees).
5.7 No Smoking: Smoking is strictly prohibited throughout the facilities, including electronic cigarettes.
5.8 Damage Reporting: The Member shall immediately report any damages, malfunctions, safety hazards, or security incidents.
5.9 Daily Cleanup: The Member must leave the hot desk clean and organized at the end of each day. All personal belongings must be removed from the desk and common areas. The Provider is not responsible for any personal items left overnight.
5.10 No Residential Use: Using the space for residential purposes, including sleeping or overnight stays, is strictly prohibited and will result in immediate termination without refund of any payments.
5.11 Compliance with Laws: The Member shall comply with all applicable laws, regulations, and licensing requirements while using the facilities.
5.12 Insurance: The Member is strongly recommended to maintain appropriate insurance coverage for personal property and liability. The Provider assumes no responsibility for the Member's business activities or insurance needs.
5.13 No Assigned Seating: The Member acknowledges that hot desks are available on a first-come, first-served basis and no specific desk is guaranteed or reserved.
5.14 Unauthorized Meeting Room Use: Use of meeting rooms without reservation will result in a fee of €25 per hour or portion thereof.
5.15 Cleaning Standards: The Member must maintain their workspace in a clean and orderly condition throughout the day. If excessive cleaning is required after use, a €25 special cleaning fee will be charged.
ARTICLE 6 - PROVIDER'S RIGHTS AND OBLIGATIONS
6.1 Access Rights: The Provider maintains the right to access all coworking spaces for maintenance, inspection, security purposes, or to show the premises to prospective users.
6.2 Infrastructure: The Provider shall ensure proper functioning of infrastructure during business hours.
6.3 Common Areas: The Provider shall maintain clean and well-maintained common areas.
6.4 Security Monitoring: The Provider monitors common areas via security cameras for safety and security purposes. The Member acknowledges and consents to such monitoring.
6.5 Usage Monitoring: The Provider may monitor usage patterns, frequency, and hours of facility use for operational and security purposes.
6.6 Temporary Access Revocation: The Provider reserves the right to temporarily revoke access privileges in case of policy violations, pending investigation of incidents, or for maintenance and safety reasons.
6.7 Information: The Provider shall inform the Member of relevant changes to services provided.
6.8 Suspension of Services: The Provider may temporarily suspend services for maintenance, repairs, emergencies or force majeure events without liability.
ARTICLE 7 - LIMITATION OF LIABILITY
7.1 Personal Property: The Provider assumes no responsibility for personal property left on the premises, including losses, theft, misplacement or damages, regardless of cause.
7.2 Abandoned Property: Personal items left in common areas or at hot desks at the end of the business day will be considered abandoned and may be immediately discarded. The Provider is not obligated to store any items overnight.
7.3 Connectivity: The Provider assumes no responsibility for internet blackouts, connectivity issues, or service interruptions from third-party providers.
7.4 Security Measures: The Member acknowledges that security measures are preventive but not infallible, and the Provider makes no warranties regarding the effectiveness of security systems.
7.5 Consequential Damages: The Provider shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to lost profits, business interruption, or data loss.
7.6 Member's Responsibility: The Member is exclusively responsible for their belongings and must carry all valuables when leaving the premises daily. The Member assumes all risk associated with leaving personal property on the premises.
7.7 No Warranty: The Provider makes no warranties, express or implied, regarding the suitability of the premises for the Member's particular business needs.
ARTICLE 8 - EXPANDED LIMITATIONS AND DISCLAIMERS
8.1 Service Interruptions: The Provider shall not be liable for any interruptions in services including but not limited to internet connectivity, electricity, water, heating, cooling, or other utilities, regardless of cause.
8.2 Third Party Services: The Provider assumes no responsibility for services provided by third parties, including telecommunications providers, cleaning services, or security companies.
8.3 Building Systems: The Member acknowledges that building systems may require occasional maintenance and repairs, and agrees that such activities do not constitute a breach of this Agreement.
8.4 Force Majeure: The Provider shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, government regulations, public health crises, strikes, utility failures, or other major disruptive events.
8.5 Indemnification: The Member agrees to indemnify, defend and hold harmless the Provider from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising from or in connection with the Member's use of the premises, violation of this Agreement, violation of any law or regulation, or any damage to the premises or equipment caused by the Member or their guests.
8.6 No Creation of Tenancy: This Agreement does not create a landlord-tenant relationship. The Member acknowledges they have no property interest in the premises and no rights beyond those expressly granted in this Agreement.
ARTICLE 9 - TERMINATION AND CONTRACT CESSATION
9.1 Automatic Renewal: This Agreement automatically renews on an annual basis until formal termination is provided in accordance with this Article.
9.2 Termination by Member: The Member may terminate this Agreement with 30 days' written notice via registered mail or email with read receipt confirmation. The Member remains responsible for all payments through the effective termination date.
9.3 Termination by Provider for Cause: The Provider may terminate this Agreement immediately and without prior notice in case of:
- Non-payment exceeding 5 business days
- Inappropriate conduct or serious violation of internal rules
- Misuse of facilities or violation of any provision in Article 5
- Illegal activities on the premises
- Violation of the no-residential-use policy
- Actions that endanger the safety or security of the facility or other users
- Bankruptcy, insolvency, or assignment for the benefit of creditors
9.4 Termination by Provider Without Cause: The Provider may terminate this Agreement with 30 days' written notice for any reason.
9.5 Post-Termination Obligations: Upon termination, the Member shall:
- Cease use of the facilities immediately
- Remove all personal property (as hot desk members do not have keys to return)
- Settle any outstanding payments, including the full annual fee for the final year regardless of the termination date
- Leave the workspace in the same condition as normally required daily
- Pay for any damages or cleaning required beyond normal wear and tear
9.6 Abandoned Property: Any personal property left on the premises after termination may be disposed of at the Provider's discretion, with the cost of disposal charged to the Member.
ARTICLE 10 - RELOCATION CLAUSE
10.1 Not applicable to hot desk members as there is no assigned seating.
ARTICLE 11 - CONFIDENTIALITY, MARKETING AND NON-COMPETITION
11.1 Confidentiality: Both parties agree to maintain confidentiality of all professional or personal information obtained under this Agreement.
11.2 Marketing Use: The Member grants the Provider the right to use their name, logo, and business information in marketing materials, including but not limited to the Provider's website, social media, and printed promotional materials.
11.3 Non-Competition: During the term of this Agreement and for 24 months following its termination, the Member shall not establish, operate, or invest in any coworking space within a 5-kilometer radius of the Provider's location.
11.4 Data Protection: Personal data processing shall comply with the General Data Protection Regulation (GDPR) and other applicable legislation.
ARTICLE 12 - GOVERNING LAW AND DISPUTE RESOLUTION
12.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Portugal.
12.2 Jurisdiction: Any disputes arising from this Agreement shall be submitted to the exclusive jurisdiction of the common courts of Porto, Portugal.
12.3 Attorneys' Fees: In any legal action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
ARTICLE 13 - GENERAL PROVISIONS
13.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, negotiations and agreements.
13.2 Amendments: Any amendment to this Agreement must be made in writing and signed by both parties.
13.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.4 Notices: All notices under this Agreement shall be in writing and delivered to the addresses specified herein.
13.5 No Waiver: Failure by either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision.
13.6 Non-Transferability: This Agreement is strictly personal to the Member and may not be assigned, transferred, or sublet to any third party under any circumstances. In the event of the Member's death, incapacity, or any other circumstance preventing the Member from utilizing the services, the Member's successors, heirs, or assigns shall have no right to refund, compensation, or to assume the Member's rights or obligations under this Agreement. The Provider shall not be liable for any refund or compensation in such events.
13.7 Time of Essence: Time is of the essence for all provisions of this Agreement.
13.8 Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
13.9 Survival: All provisions that by their nature should survive termination shall survive, including but not limited to payment obligations, limitations of liability, and indemnification.
13.10 Silence Clause: If the Member does not formally object to any charges, modifications, or notices within 15 days of receipt, they shall be deemed to have accepted them.
Porto, Portugal
Agreement Date:
Effective Date:
Ricardo Herbstrith Carvalho Unipessoal LDA
Provider
ACKNOWLEDGMENT
The Member acknowledges that they have read this entire Agreement, understand its terms, and voluntarily agree to be bound by all its provisions without exception or reservation.
