PUBLIC AGREEMENT (PUBLIC OFFER) ON ACCESSION TO THE COWORKING SERVICE PROVISION AGREEMENT
Kyiv, Revision dated November 30, 2023
Individual Entrepreneur Strakh Illia Viktorovych, acting on the basis of a record from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Formations No. 20690000000040628 dated 21.08.2017 (hereinafter referred to as the “Service Provider”), offers an unlimited circle of persons (legal entities, individuals, self-employed persons, and individual entrepreneurs, including non-residents of Ukraine) (hereinafter referred to as the “Customer”) to receive services provided for by this public agreement (public offer) on the provision of coworking services (hereinafter – the “Agreement”) in the order and on the terms defined below.
In the order and on the terms set forth below, it is proposed to an indefinite circle of persons to provide Coworking services in the volume defined below.
1. TERMS AND CONCEPTS
ACCEPTANCE — full and unconditional, unqualified acceptance by the Customer of the terms of the Public Offer. The moment of Acceptance is considered the Customer's payment for the Coworking Service Package chosen by them in the order and at the price determined by this Agreement, provided that truthful and reliable information about themselves is provided when filling out the Application.
SERVICE PROVIDER — a person who provides services to the Customer on the terms of this Agreement and in accordance with Art. 633 of the Civil Code of Ukraine.
CUSTOMER – an individual/individual entrepreneur/legal entity who, of their own free will, has applied to the Service Provider for the purpose of receiving the Coworking service, has paid for the Coworking service, and agrees to the terms, list, and procedure for providing such Coworking services and accepts the terms of this Public Agreement.
APPLICATION – the Customer's request to the Service Provider to order the Coworking service under this Agreement, made by registering via the Nexudus online service at the link workit.org.ua. The content of the Application is determined by the Service Provider, and the Customer's refusal to fill it out during registration is considered by the Parties as a refusal to conclude this Agreement. The Customer fills out the Application only upon the first application to the Service Provider for a specific Coworking Service Package. In case of changes in the information about the Customer specified in the Application, the Customer is obliged to notify the Service Provider of such changes within the period provided for by the agreement. By submitting the Application, the Customer confirms and does not object to the transfer of personal data to the Service Provider.
COMMON AREAS – a part of the Space that is available for general use by all Residents of the Space. Common Areas do not include Rooms, Meeting Rooms, or Shared Rooms.
ACCESS TO COWORKING – an option of access to the General Space and/or other premises defined by the Service Package through the "Salto" access control and management system, using a mobile application (NFC access) or a corresponding magnetic key issued by the Service Provider to the Customer and the Residents designated by them. The time and volume of access (for the Customer and Residents) using the mobile application or magnetic key are defined in the service package.
ROOM — a separated part of the Space assigned to a Resident, access to which is carried out through an access control system, and access to which is granted to the Resident, their employees, and/or persons with whom the Resident is in contractual legal relations;
SHARED ROOM — a separated part of the Space (Room), access to which is simultaneously granted to several Residents of the Space for their joint use of such a room.
MEETING ROOM – a separated part of the Space equipped for conducting business meetings, which can be used by a Resident, provided it is booked in advance through the Meeting Room booking system.
COWORKING – a service of access to the Coworking premises, with the right of paid use of the Service Provider's property in accordance with the established rules of using the Coworking, this Agreement, and the norms of current legislation. The terms of the public agreement regarding the Coworking service are set to be the same for all consumers.
SERVICE PACKAGE – a specific complex of rights and obligations chosen by the Customer for organizing the provision of access to the Coworking for the Customer and the Residents designated by them in accordance with the terms of this Agreement.
RULES OF USE FOR "WORKIT SPACE" COWORKING — rules that regulate the stay and behavior on the territory and are mandatory for Residents to follow.
SPACE — office space located on the Coworking territory, which includes Common Areas, Rooms, Shared Rooms, Meeting Rooms, Skype rooms, Terraces, and a Restaurant.
COWORKING PREMISES – this is the premises located at the address: Kyiv, 24 Marka Bezruchka St., as the place of providing Coworking services according to the terms of the Service Package chosen by the Customer.
PUBLIC OFFER — in accordance with Article 641 of the Civil Code of Ukraine, this is an open proposal by the Service Provider to provide Coworking services, addressed to an indefinite circle of individuals and legal entities, to conclude this public offer on the terms defined below regarding the provision of access services to the Coworking, concluded between the Service Provider and the Customer on the terms of the Public Offer at the moment of Acceptance of its terms by the Customer. In case of acceptance of the terms of the Agreement set forth below and payment for Coworking services, according to Article 642 of the Civil Code of Ukraine, the person who performs the Acceptance (payment) of this offer becomes the Customer. Acceptance of the offer is equivalent to concluding a Public Agreement on the terms set forth in the offer. The Service Provider has the right at any time at its own discretion to change the terms of the Public Agreement or withdraw it. In case of changes by the Service Provider to the terms of the offer, the changes enter into force from the moment they are set forth in a new version on the Service Provider's website or replaced with new terms, unless another term is specified by the Service Provider additionally.
PERMANENT RESIDENTS — individuals designated by the Customer who use the Coworking service and agree to the terms, list, and procedure for providing such Coworking services and accept the terms of this Public Agreement.
RESTAURANT – a separated part of the space located on the 1st (first) floor of the Coworking, in the form of a public catering establishment for "WorkIT Space" residents and guests, with a wide assortment of signature dishes and drinks.
PARTIES – the Customer and the Service Provider when mentioned together in the Agreement.
TEMPORARY RESIDENTS — individuals designated by the Customer who use the Coworking service on an hourly/daily basis and agree to the special terms, list, and procedure for providing such Coworking services and accept the terms of this Public Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The Service Provider assumes the obligation to provide the Customer with Coworking services in accordance with the Service Package accepted by the Customer, and the Customer has the right to accept such paid services, undertaking to fulfill the terms of this Agreement.
3. SERVICE PROVISION PROCEDURE
3.1. The Service Provider undertakes to provide the Customer with access to the Coworking at the location of the Coworking territory, namely: Kyiv, 24 Marka Bezruchka St., on the terms determined by the Service Package chosen by the Customer.
3.2. The conclusion of the Agreement by the Customer is carried out by signing it and paying the monthly rent for the chosen Service Package. To draw up the agreement, the Customer is obliged to provide the Service Provider with personal information, passport documents, and confirm consent to the processing of their personal data, exclusively for the purpose of providing coworking services under this Agreement and providing related services to the Customer.
3.3. In case of untimely provision of data for drawing up the Application or in case of providing inaccurate data when drawing up the Application, this Agreement is considered not concluded. In case of changes in the data specified in the application, the Customer undertakes to notify the Service Provider in writing within 5 working days of the occurrence of such changes.
3.4. Access to the Coworking is determined based on the availability of free places in the Coworking, the total number of which is determined by the Service Provider, based on the Customer's request, which is coordinated by the Service Provider within 2–5 calendar days from the date of the Customer's request.
3.5. Coworking services are provided within the zone defined in the corresponding service package.
3.6. The Customer has the right to receive services under this Agreement provided that the full cost for the corresponding Service Package is prepaid.
3.7. The Service Provider provides, and the Customer has the right to purchase, Service Packages posted on the Service Provider's website via the link on the Internet: www.workit.space or by directly asking about their cost and terms from the Coworking Community Manager.
3.8. After the expiration of the Service Package term, the Customer is obliged to vacate the Coworking territory or, subject to agreement with the Service Provider, pay for the next term of using the Service Package. In the event that the Customer has not vacated the Coworking territory at the time of the expiration of the Accepted Service Package and, by agreement with the Service Provider, has paid for the next term of Services, the Parties consider that the next term of the Service Package begins automatically after the expiration of the previous Service Package. The Service Provider reserves the right, within one day from the moment of receiving funds to its current account, to return to the Customer the paid cost of the next Service Package, which means the Service Provider's refusal to agree to extend the term of using the Service Package.
3.9. No equipment or property that may be used by the Customer in accordance with the chosen Service Package is transferred under an acceptance certificate and cannot be moved by the Customer outside the zone of Service Package provision. Signing this Agreement is a sufficient basis for the Customer to acquire the rights and obligations to use the property under this Agreement.
3.10. In order to ensure physical access to the Coworking, the Service Provider may provide the Customer with data for a mobile application or a magnetic key, which grant the Customer the right to access the Coworking territory. The Customer has no right to transfer such data or key to third parties without the written consent of the Service Provider. In order to prevent the use of information by third parties, the Service Provider has the right to identify the Customer using a document confirming the identity of the Customer/their representative for comparison with the information provided by the Customer when concluding this Agreement.
3.11. The Service Provider has the right to regularly (at its own discretion) check the Customer's order of using the Coworking territory for compliance of such use with the terms of the Agreement and the chosen Service Package.
3.12. In the event of failure of equipment that belongs to the Coworking, the Customer shall notify the Service Provider, who must eliminate such malfunctions within a reasonable time.
3.13. The Customer has no right to take outside the Coworking territory any equipment, machinery, or other property that is an integral part of the Coworking or is located on the Coworking territory and does not belong to the Customer. Upon discovery of the fact of taking out Coworking property by the Customer without prior written consent of the Service Provider, regardless of the purpose, if such property is not returned within 24 hours from the moment of taking it out back to the Coworking, the Customer undertakes to compensate for the full cost of such property.
4. PAYMENT PROCEDURE
4.1. For the provision of Services, the Customer pays the Service Provider the cost for the provided Services for the corresponding monthly Service Package, which is indicated on the Customer's website or on information cards directly in the Coworking, by way of 100% prepayment for the period specified in the package. The Parties determine the duration of the service package independently.
4.1.1. At the Customer's request, the Service Provider may provide an invoice for payment of services.
4.1.2. Keeping the document confirming the fact of payment is the responsibility of the Customer; a copy of this document may be requested by the Service Provider in cases provided for by this Agreement.
4.1.3. The Service Provider, at its own discretion, has the right to provide the Customer with a discount, regarding which the Customer shall make a note about such a discount in the document confirming payment of the Service Package cost to the Customer, or provide for such a discount by signing an additional agreement to this Agreement.
4.2. Payment for Services in accordance with the chosen package is fixed in an amount equivalent to US dollars and is paid by the Customer in the national currency - hryvnia, in accordance with the official cash exchange rate of the dollar to the hryvnia at JSC "PUMB" on the day the invoice is issued to the Customer. Services are paid for by the Customer via non-cash settlement to the Service Provider's bank details specified in Section 11 of this Agreement.
4.3. In the event that the Customer ceases to use the Coworking service, the amount of funds paid by the Customer for the Service Package is not refunded, unless the Service Provider makes a different decision in individual cases. Such a decision by the Service Provider must be made in writing.
4.4. The Customer has no right to transfer to a third party their rights granted by this Agreement.
4.5. The cost of services specified in clause 4.1 of this Agreement includes the cost of additional services for providing the Customer with tea, water, etc., in the volume determined by the corresponding service package.
4.6. The start of the Service provision is considered the date of signing this Agreement or, if another term is specified in this Agreement, the first day of Service provision is considered the date specified in the Agreement as the start date of Service provision.
4.7. In the event that the Customer paid for the Service Package after the start date of service provision, the Service Provider has the right, at its own discretion: - to accept payment for the Service Package for the term of the Service Package according to the Application, while the period during which the payment was overdue is considered paid and the term of the Service Package provision does not change; - to return the payment for the Service Package and refuse to provide the Coworking service to the Customer.
4.8. In the event of making payments under this Agreement via non-cash means, the moment of payment is considered the moment the funds are credited to the Service Provider's current account.
4.9. In the event of making payments under this Agreement via cash means, the moment of payment is considered the moment the funds are received by the Service Provider.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Customer is obliged to:
5.1.1. pay the Service Provider the cost of using the corresponding Service Package in the amount and in the manner determined in this Agreement;
5.1.2. fully compensate the Service Provider and/or third parties for damages for any damage to or loss of property caused by the Customer's fault;
5.1.3. use computing and other equipment (equipment, furniture, etc.) provided by the Service Provider in accordance with technical requirements and restrictions, rationally consume stationery and other materials, electricity, and water, as well as other material resources provided along with the provision of services under this Agreement;
5.1.4. after the termination of the Agreement, return to the Service Provider the magnetic key, equipment, and other property transferred to the Customer when granting access to the Coworking;
5.1.5. not install/use equipment and/or software on the Service Provider's equipment on the Coworking premises without the prior written consent of the latter; not use the provided equipment for the development of computer programs that have signs of viruses and other programs that may cause harm; not distribute and/or store materials in any form that contradict the principles of public morality and are prohibited by the norms of current legislation; not use the Service Provider's server capacities for the purpose of storing their own materials or materials of third parties.
5.1.6. not engage in the trade of goods, provision of services, agitation, and/or distribution of advertising or other informational products, or production of anything on the Coworking premises without the prior consent of the Service Provider for such activity;
5.1.7. not register the Coworking address with government authorities as a location address or otherwise use the Coworking address in legal relations with any third Parties without the prior consent of the Service Provider.
5.1.8. not change the location of the Service Provider's property and equipment;
5.1.9. not violate the norms and rules of conduct in public places, not consume narcotic substances on the Coworking premises.
5.1.10. familiarize themselves with the terms of this Agreement, including in the event of changes made to it at the initiative of the Service Provider.
5.1.11. ensure the safety of their own property and not cause harm to other Residents and the property of third parties.
5.1.12. Not be on the Coworking premises in a state of alcoholic intoxication, under the influence of narcotic substances, or in any other state in which one could speak of impaired consciousness.
5.1.13. Not violate fire safety rules when using Coworking services. In the event of such a violation, all damages incurred as a result are subject to compensation by the Customer.
5.1.14. fulfill other obligations specified in the Rules of Use for the "WorkIT Space" Coworking premises, which are specified in Appendix No. 1 to this Agreement.
5.2. The Service Provider undertakes to:
5.2.1. properly fulfill its obligations under this Agreement;
5.2.2. ensure regular cleaning of the Coworking premises;
5.2.3. ensure constant availability of access to the Internet via Wi-Fi wireless connection, except for cases that do not depend on it directly;
5.2.4. ensure constant availability of electricity (in situations that depend directly on the Service Provider), proper functioning of the air conditioning system, maintenance of the temperature regime, and available equipment.
5.2.5. within a reasonable time, eliminate possible malfunctions that may arise in the equipment that is part of the Coworking.
5.3. The Customer has the right to:
5.3.1. use the Coworking access service in accordance with the terms of this Agreement;
5.3.2. receive a service of proper quality.
5.3.3. request from the Service Provider an Acceptance Certificate for the services provided under the terms of this Agreement for the payment period and in the volume of services provided for by the package. If necessary, the Customer may provide such Certificates monthly for each month of using the corresponding Package.
5.4. The Service Provider has the right to:
5.4.1. restrict (or refuse) the Customer the right to use the Coworking premises in case the Customer is in a state of narcotic or alcoholic intoxication, as well as if their behavior humiliates the honor and dignity of third parties or if the Customer's actions are aimed at damaging the Service Provider's property/equipment;
5.4.2. change the terms of this Public Agreement by publishing them on the website www.workit.space on the Internet without prior notice to the Customer;
5.4.3. Transfer its rights and obligations under this Agreement to third parties without the Customer's consent;
5.4.4. refuse to provide Coworking services to persons who are not participants in this Agreement;
5.4.5. carry out surveillance of the Coworking premises around the clock using technical means - video and photo cameras, by its own efforts, or by engaging third parties.
6. LIABILITY OF THE PARTIES
6.1. For violation (improper performance) of the obligations assumed under the Agreement, the Parties bear liability provided for by the current legislation of Ukraine and this Agreement.
6.2. A person who has violated an obligation bears liability if they are at fault (intent or negligence), unless otherwise established by the agreement or law.
6.3. The Service Provider is not liable for the proper provision of services if such provision of services does not depend on the will of the Service Provider.
6.4. All disputes under the Agreement shall be resolved in the order determined by the current legislation of Ukraine. In the event of claims by the Service Provider regarding the violation by the Customer of the integrity of property/equipment at the Coworking service location, the Service Provider shall draw up an Act on the list and value of such damaged property/equipment and provide it for the Customer's signature; in the event of the Customer's refusal to sign such an Act, the Act shall be signed by third parties who were present at its preparation.
6.5. In the event that the Customer uses the Coworking territory without paying for the services under this Agreement or in the event of the Customer's violation of the terms of use of the chosen Service Package, the Service Provider has the right to restrict the Customer's access to the Coworking, unilaterally terminate the Agreement for the Customer prematurely, and demand that the Customer pay a non-refundable monetary sum, which serves as security for the performance of the obligation, in an amount equal to 30% of the cost of the corresponding unpaid Service Package last used by the Customer - if the delay lasts from one to seven calendar days; 50% - if the delay lasts from eight to fourteen calendar days; 75% - if the delay lasts fifteen calendar days or more. Payment of the non-refundable monetary sum, which serves as security for the performance of the obligation, does not release the Customer from the obligation to pay the full cost of the Services received under this Agreement from the moment this Service began to be actually received.
6.6. In the event of the Customer's violation of the terms of use of the chosen Service Package, they shall pay a fine. Detailed information about fines and their types is contained in the Rules of Use for the "WorkIT Space" Coworking premises.
7. FORCE MAJEURE
7.1. The Parties are released from liability for partial or complete failure to perform obligations under the Agreement if such failure is caused by the occurrence of objective force majeure circumstances, about which the Parties are obliged to notify each other within three working days by email, fax, etc.
7.2. For the purposes of this Agreement, "Force Majeure" means, with respect to each Party, any circumstance that the Party could not foresee, including (but not limited to): war, invasion, insurrection, revolution, rebellion, or civil war; an act of government in its sovereign capacity; earthquakes, fires, storms, floods, or any other events caused by the actions of natural forces; strikes, lockouts, boycotts, or other forms of strike action; terrorism, sabotage.
7.3. In this case, the term for the performance of obligations is postponed in proportion to the time during which these circumstances were in effect.
7.4. If these circumstances continue for more than 30 (thirty) calendar days, each Party has the right to cancel the Agreement, and in such a case, neither Party shall have the right to claim compensation for damages.
7.5. The existence of force majeure circumstances must be confirmed by a competent authority.
8. TERM OF THE AGREEMENT
8.1. This agreement enters into force from the moment of its approval by the Service Provider.
8.2. Acceptance of this Agreement by the Customer signifies the Customer's full and unconditional consent to its terms.
8.3. By accepting the terms of this Agreement, the Customer undertakes to notify the Service Provider 14 calendar days prior to the date of ceasing to use the service of their intention not to continue using the service under this Agreement. In case of failure to comply with the requirement for timely notification of the Service Provider, the Service Provider has the right to demand that the Customer pay a non-refundable monetary sum, which serves as security for the performance of the obligation, in an amount equal to 100% of the monthly cost of the corresponding Service Package.
9. UNILATERAL TERMINATION OF THE AGREEMENT
9.1. In the event of termination of the Agreement at the initiative of the Service Provider and failure to provide services under the list of the Service Package paid for by the Customer, the Service Provider undertakes to refund the Customer, upon their written request, the cost of the paid but unprovided services in proportion to the number of calendar days during which the service was not provided, without payment of any sanctions or penalties.
9.2. The Customer has no right to groundlessly refuse to fulfill the terms of this Agreement. Failure to use the service under this Agreement by the Customer is not a basis for a refund of the paid cost of services or for crediting it towards future services.
9.3. The Service Provider has the right to refuse to provide services to the Customer unilaterally within one day if: a) the Customer has violated the terms of the Agreement; b) the Customer has caused damage or violated the commercial interests of the Service Provider; c) in the event that the Service Provider is unable to provide the service in order to comply with safety standards on the Coworking premises; d) for the reasons specified in clause 9.1 of the Agreement.
In the event of such a refusal, the Service Provider shall send a notice of such termination of the agreement to the Customer's address (to the email address, if the Customer specified it as the primary method of notification in the details for this Agreement). The agreement is considered prematurely terminated for the Customer within five calendar days from the moment the termination notice is sent.
In the event of such termination of the agreement for the reasons specified in parts a), b), and c) of this clause, the funds paid for the Coworking service are not refunded.
In the event of such termination of the agreement for the reasons specified in part d) of this clause, the funds paid for the Coworking service shall be refunded within 7 days from the moment of termination in proportion to the portion of the service period during which the service will not be provided.
10. OTHER TERMS
10.1. In cases not provided for by the Agreement, the Parties shall be governed by the current legislation of Ukraine.
10.2. The Parties confirm that they enter into this Agreement voluntarily, without coercion, understanding the essence and nature of the Agreement, as well as the legal consequences of entering into it, and are aware of the nature of their rights and obligations under the Agreement. The Parties declare the absence of any severe circumstances that would force either Party to enter into the agreement on the terms set forth herein, and confirm that the terms of the Agreement are acceptable to the Parties and, therefore, do not consider the terms of the Agreement to be extremely disadvantageous to themselves.
10.3. The Customer hereby warrants that they have the necessary legal capacity and competence, and have the right to perform actions and bear the obligations provided for by this Agreement.
10.4. Any notices sent by the Service Provider to the Customer shall be considered duly served if sent in one of the following ways: (a) by sending an email to the Customer's address specified in the Customer's Application when ordering the Service; (b) by sending a message via mail to the address specified by the Customer when ordering the Service, or via any messenger.
10.5. This Agreement is drawn up in accordance with the provisions, norms, and rules of the current legislation of Ukraine.
11. BANKING DETAILS
INDIVIDUAL ENTREPRENEUR STRAKH ILLIA VIKTOROVYCH
State registration record for sole proprietorship: No. 2 069 000 0000 040628 dated 21.08.2017
Address: 03190, Kyiv, 24 Marka Bezruchka St.
Bank details: account No. UA 25 334851 0000000002600079728 at JSC "PUMB"
Bank details: account No. UA 19 300528 0000026009000026731 at JSC "OTP BANK"
Contact tel.: (096) 783-21-62
E-mail: finance@1988.company