TERMS AND CONDITIONS

Below are our Terms and Conditions (T&C or Terms) which govern the conditions under which NESTWORK Ltd. provides services to its Customers. It is therefore necessary for You to read them carefully and in case You do not agree with them (even partially) to stop using the services of NESTWORK Ltd.

1. Subject of these Terms

• These Terms constitute a binding legal agreement between individuals/legal entities (“Client(s)”) and NESTWORK Ltd., UIC 206258098 (hereinafter “NESTWORK”), having its seat and registered office in the city of Bansko, 56 “Tsar Simeon” Str., phone number – +359 895 787 373, +359 878 824 244, e-mail – [email protected] for the use of our services.

• NESTWORK provides for rent workplaces located in shared workspaces, as well as additional services related to the use of the respective workspace. Within the meaning and for the purposes of these T&C, a “shared workspace” means a workspace in which one or more Clients can have access to individual or team workplaces on a daily, weekly or monthly basis.

• Workplaces include a desk or a part of a working table, as well as an office chair. Workplaces may only be used for activities normally carried out in an office space. Unless otherwise agreed between the parties, the Client shall not use the workplace for any other purposes.

• NESTWORK provides its services in several shared workspaces, namely:

• Location 1: Bansko City Center, 56 “Tsar Simeon” Str., 2770, Bansko;

• Location 2: Bansko City Center, 52 “Tsar Simeion” Str., 2770, Bulgaria.
  
  

2. Types of Services Offered

• NESTWORK offers for rent workplaces /right to use property in particular time in accordance with art. 46, p.8 of the Bulgarian Consumer Protection Act/, as these services are provided only in the form package plans, as follows:

• “Flexi”,
• “Lite”,
• “Hot Desk”,
• “Fixed Desk”,

• Each of the package plans includes access to a workplace, relax area, conference room, technical infrastructure, kitchenette and bathroom, lighting, access to electrical supply, central heating, and air conditioning system.

• Package plan “Flexi” is intended to meet the specific needs of each individual Client, as the latter can freely choose number of visits (with a minimum visit of 1 day and a minimum expiration date of 1 month), number of locations, services included. Price range depends on the chosen characteristics. The Client is entitled to use a workplace which is free at the moment of visit. This, however, does not grant the Client to use a specific workplace for the entire duration of the Agreement.

• Package plan “Lite” includes 30 visits to one location, which can be conducted for three months, starting from the activation of the plan. The plan includes the following services: 24-hour access from Monday to Friday to one location, Internet, reception, housekeeping, gourmet pantry. The Client is entitled to use a workplace which is free at the moment of visit. This, however, does not grant the Client to use a specific workplace for the entire duration of the Agreement.

• Package plan “Hot Desk” is a plan concluded for one month, during which the Client is entitled with a 24/7 access to any of the locations. The plan includes the following services: 24/7 access to any location, Internet, reception, housekeeping, gourmet pantry, delivery address. The Client is entitled to use a workplace which is free at the moment of visit. This, however, does not grant the Client to use a specific workplace for the entire duration of the Agreement.

• Package plan “Fixed Desk” is a plan concluded for one month, during which the Client is entitled with a 24/7 access to any of the locations to a specific workplace. The plan includes the following services: 24/7 access to any location, fixed workplace, Internet, locker, housekeeping, gourmet pantry, delivery address.

• NESTWORK reserves the right to change the content and quantity of the services included in the package plans. The changes do not apply to agreements concluded before the announcement unless it is expressly agreed so between NESTWORK and the Client.

• NESTWORK offers additional services for an extra charge, such as: delivery address and locker, access to office, organization of events, access to spaces for events and for other purposes. The present T&C are also applied to these services as long as they do not contradict the explicit arrangements between the Parties.

• Client and NESTWORK are free to conclude separate agreement for using the shared workspace in a way, that is not mentioned in the present Terms and conditions.
  
  

3. Concluding the Agreement

• Conclusion of the Agreement is conducted electronically via placing an Order. The Order is placed by filling a Check-Out Form, which requires the following information to be filled in:

• Package plan and/or Additional Services;
• Billing details.

• If the Client is a legal entity, the profile shall be in the name of a representative of the legal entity. In the latter case, the representative hereby declares that he has the authority to act on behalf of the legal entity and bind the latter to the Agreement, these T&C and the Privacy Policy.

• Upon registration, the following data is collected:

• Name;
• Phone;
• Email;
• Registration itself is free of charge and is created automatically after filling the Check-Out Form and placing the Order.

• Conclusion of the Agreement electronically does not require the usage of Qualified Electronic Signature.

• Placing the Order is considered as the Client’s submission of a proposal to NESTWORK to conclude an agreement for the relevant Package plan/Additional service under the current T&C. The Agreement is considered concluded form the date of acceptance by NESTWORK of the Order. NESTWORK shall be deemed to have accepted the received Order in the event that NESTWORK has not expressly refused acceptance within 1 (one) working day of its receipt.

• The Client declares that the information provided by them for the purposes of the Agreement and for the filling in the Check-Out Form is complete, true, and accurate.

• These T&C and the Internal Rules are an integral part of the Agreement and are published and freely available on the website of NESTWORK. By creating an individual profile, the Client declared that he is familiar with them and accepts them in full.
  
  

4. Payment

• Prices of the package plans and the additional services provided by NESTWORK are specified in the Pricelist, which is made available to the Clients at the workspaces, as well as on the Internet address: https://nestwork.bg/pricing

• All of the prices are VAT inclusive.

• The prices shall be paid in full up to 24 hours after the conclusion of the Agreement and in any case before using the services.

• The amount due can be paid in the following ways:
  • Via bank transfer;

• Via credit/debit card.

• All bank charges payable for the bank transfer shall be covered by the Client.

• In case of the delayed payment of the due price within the period specified above, the Client owes interest for the delay on the amount due for each overdue day. The interest for the delayed payment is in the amount of the legal interest. The payment for the late payment does not exclude the right of NESTWORK to seek compensation for the actually suffered damages from the delayed payment in case they exceed the amount of interest paid for the delay.

• In case of delayed payment NESTWORK has the right to not provide the purchased service of until the full payment of the amount due.

• NESTWORK reserves the right to offer additional or individual discounts, as well as individual differing from the package plans described in these T&C, to individual clients or group of clients.

• NESTWORK issues an invoice to the Client after accepting the latter’s Order.

• NESTWORK reserves the right to change the prices of the services it offers. These changes do not apply to agreements concluded before the announcement unless it is expressly agreed so between NESTWORK and the Client.
  
  

5. Use of the services

• The Client may use the purchased services (package plans/additional services) after conclusion of the Agreement.

• The Client is entitled to freely indicate the day on which he would like to activate its package, meaning the start date of the rental term of the given package plan. There are no deadlines for choosing a starting date after the conclusion of the agreement.
  
  

6. Free Trial

• NESTWORK provides an option for a Free Trial, which allows the Client a one-time 24-hour access to a chosen location.

• The Free Trial is free charge.

• Each Client can benefit from the free trial only once.

• The day on which the Client shall conduct its visit shall be booked at least one day in advance.

• The present T&C apply to the provision of a Free Trial as long as they do not contradict the provisions under this section.
  
  

7. Benefits

• NESTWORK reserves its right to announce from time-to-time different benefits possibilities to its Clients. They might be under the form of vouchers, points systems or others.

8. Access Rules

• Clients have the right to a 24-hour access to the workspace.

• Entering the workspace by the Client is considered one used calendar day from their package plan, regardless of the duration of the stay.

• At the first access to the workspace for using the purchased services, the Client gets an access code. If requested, the Client may also get an access card and/or might agree to use a system for access purposes.

• The Client undertakes to not provide his/her individual access code and/or access card to third parties.

• Clients of the Flexi Plan shall indicate the day on which they wish to access the Workplace via their personal profile.

• The Client must thoroughly inspect the workplace before using it. By starting to use the workplace the Customer declares that they accept it as qualitative and complying with the terms of the Agreement.
  
  

9. Rights and Obligations of the Clients

• When using the services in the workspace the Client agrees to comply with the Internal Rules of Conduct, available to the Clients on the Internet address: https://nestwork.bg/termsandconditions

• In case of unlawful use of the site outside the conditions described in the Agreement, the Internal Rules of Conduct, or actions resulting in extra costs to NESTWORK in connection with the security or safety of the building, the Client bears sole responsibility for the incurred costs or damage.

• The Client has the right to notify NESTWORK for damages, technical and other problems related to the use of the services provided by NESTWORK and to rely on a timely solution.

• The Client undertakes to treat with good care the workplace and the belongings of NESTWORK and other customers, as well as to return the items they receive once leaving the workplace. In case of damaged, lost, or missing items, the Customer is obliged to recover the missing items or restore them to their previous form. If this is not possible, NESTWORK is entitled full compensation.
• The Client undertakes not to perform any actions contrary to the current Bulgarian legislation, the applicable foreign laws, these Terms, the Internal Rules of Conduct, or any good manners.

• The Client is not allowed to make any changes to the workplace without the explicit consent of NESTWORK.

• The Client is not allowed to distribute advertising materials in the space without the prior permission of NESTWORK.

• The Client has no right to distribute inappropriate, obscene or illegal material or information in the workspace.

• The Client has no right to upload, reproduce, use, make or display images, software or other information on the internet or in the workspace that violate the rights of others or are protected by intellectual property laws. NESTWORK shall not be liable for infringements of the intellectual property rights of third parties resulting from the action of the Client.

• The Client is obliged to take all measures for the protection of their personal belongings within the workplace.

• The Client agrees to comply with all applicable laws and regulations regarding the dissemination of information and is fully responsible for their actions, including when using the internet through the NESTWORK network.

• The Client is obliged to comply with the legal restrictions on the transfer, storage, processing or presenting of information. They are obliged to comply with all applicable laws and regulations related to the protection of the intellectual and industrial property. Copying, distributing or downloading copyrighted objects and torrents without a license is prohibited through the NESTWORK network.

• In case of violation of the Agreement, including these Terms and the Internal Rules of Conduct, leading to the occurrence of damage to NESTWORK, the Client shall indemnify NESTWORK for all caused damages, including, but not only, all legal and other expenses incurred by NESTWORK related to the protection of its rights and legitimate interests.

10. Liability

• The Client shall have the right and obligation to inspect the workstations upon their initial occupation. By signing the Agreement, the Client declares that they are aware that the workstations, are in a shared office space and are not subject to any separation or division. The Client shall have the right to object to the condition of the workstation/workstations rented at the moment of its/their occupation. The Client shall be solely responsible for its condition throughout the rental period.

• NESTWORK shall not be liable for any damages suffered by Client unless such damage is the result of gross negligence of NESTWORK. NESTWORK shall not be responsible for lost profits or indirect damages.

• NESTWORK shall not be liable for any violation of the intellectual property rights of third parties resulting from Client’s actions as well as in the case of the dissemination of personal data and/or confidential information by the Client. Client is solely responsible for any damage that Client`s actions may cause to third parties.

• In case NESTWORK needs to repair harm/damage which has been the result of Client`s actions, the Client is obliged to indemnify NESTWORK in full. This includes, but is not limited to all costs and penalties, lawyer`s fees, state fees, etc.

• NESTWORK shall not be liable for any relations and communications that Client may have with third parties. This includes, but is not limited to any situation where Client has announced/ used the address of NESTWORK shared workspace for correspondence, as an official address or as a communication address. NESTWORK is not obliged to accept, report, inform Client about messages or other means of communication, except for in the cases where such a service is included in the package plan purchased.

• NESTWORK shall not be liable for any internet and/or wi-fi related problem, although NESTWORK will try to resolve any such problem in the shortest possible time. NESTWORK shall not be responsible for any damage which might be suffered by Client as a result of bad internet connection, hacker attack, electricity breakdown, etc.

• NESTWORK shall not be liable for any unauthorized entrance of third parties in the shared workspace. Client declares that they are solely responsible for their property and personal belongings and shall not hold NESTWORK responsible for any unauthorized actions, including theft, burglary, stealing, etc. of any third parties.

• The Client, in its name and on behalf of other person or entity on its behalf including the Client’s employees and agents and its guests, hereby irrevocably waive all claims and rights against NESTWORK and any entity associated with it, with respect to personal injury or damage, destruction, theft or loss of property or body injury, all to the maximum extent permitted by law, whether or not said lost or destruction is the result of malfunctions of the building or any of its systems. The Client agrees and acknowledges that NESTWORK shall not be responsible for insuring of the Client’s property or injuries and shall not be responsible or liable for any damage, injury and loss of any kind.

• The Client shall be held liable for any damage caused by the, and/or their representative,/ employee, pet, property. The Client shall do everything within their power to indemnify NESTWORK for any such damage caused.

11. Termination of the Agreement

• Both parties may terminate any agreement by mutual consent, at anytime.

• NESTWORK may terminate any agreement it has with Client, with a notice with immediate effect, in case Client is not fulfilling some of its obligations and/or is not complying with these Terms and Conditions and/or with (…). In the event the agreement is terminated by NESTWORK on some of the grounds stipulated in the previous sentence, NESTWORK shall reimburse any expenses or fees.

12. Miscellaneous

• Agreements concluded under these T&C are a subject of Bulgarian Law. Any other changes in this agreement are excluded except for the written ones. If any of the clauses of these T&C or the Agreement concluded with NESTWORK are found to be invalid, the validity of the remaining clauses shall not be changed. A clause which is partially or completely invalid will be replaced by one which is as close as possible in meaning and in accordance with the intent of the parties. The same applies in case of a lapse.

• All disputes between the parties shall be settled by mutual agreement, and when impossible, the parties agree that the disputes arose in connection with this Agrement will be reviewed by competent state courts in Bulgaria.

 Last updated 02.05.2023