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Terms and conditions

Updated 21/05/2021

Below are our Terms and Conditions page, which outline a lot of legal goodies, but the bottom line is it’s our aim to always take good care of you!

I. SUBJECT

  1. The present terms and conditions (T&C) set the rules and conditions for using the services provided by NESTWORK LTD to natural and legal persons (hereinafter referred to as “Customers”), which are listed below.
  2. “NESTWORK” Ltd provides access to a workspace for shared use as well as additional corresponding services. Within the meaning and for the purposes of these T&C “a workspace for shared use „means an open workspace in which one or more customers can have access to individual or team workplaces on a daily, weekly, monthly or yearly basis.
  3. The Workspace for shared use can not be used for residential or other purposes other than those mentioned unless otherwise agreed in the Contact.
  4. The workspace is located at Bansko City Center, 52 Tsar Simeon Str., 2770, Bansko
  5. For the purposes of these General Terms and Conditions NESTWORK Ltd will be shortly referred to as “NESTWORK”.

II. TYPES AND SCOPE OF SERVICES

  1. The services provided by NESTWORK include access to: workspace, offices, relax area, conference rooms, High-speed Wi-Fi, lockers, technical infrastructure, kitchenette and bathrooms, lighting, access to electrical supply, central heating, and air conditioning system, and outdoor parking.
  2. NESTWORK provides its services in package plans. Each package plan includes at least the following: Access to a workspace for shared use, High-speed Wi-Fi, lighting, central heating, and air conditioning system, access to the electrical supply, kitchenette, bathrooms, and outdoor parking.
  3. The services provided by NESTWORK include the following package plans:
    • 3.1. Day pass
    • 3.2. Monthly- “Hot Desk”
    • 3.3. Monthly- “Fixed Desk”
    • 3.4. Prepaid (30 visits for 3 months)
  4. The services are only offered in a package and can not be provided separately.
  5. The workplaces in the package plans include a desk or part of a worktable and an office chair.
  6. In all “Hot Desk” package plans the Customer is entitled to use a workplace which is free at the moment. This, however, does not grant the Customer the right to use a specific workplace for the entire duration of the Contract.
  7. The restrictions on the use of the different services depend on the type of the selected package.
  8. NESTWORK offers the following additional services (“Additional Services”) for an extra charge.
    • 8.1. Providing access to an office
    • 8.2. Providing access to a training room
  9. NESTWORK also provides services related with the organization of events, and access to spaces for events and for other purposes. The present Terms and Conditions are also applied for these services as long as they do not contradict the explicit arrangements between the parties in the Contract.

III. PRICES, TERMS AND METHODS OF PAYMENT

  1. The prices of the package plans and the prices of the additional services provided by NESTWORK are specified in the price list (“Pricelist”) which actual content is made available to the Customers at the workspace and on the Internet address https://nestwork.bg/pricing
  2. The prices of the services related to the organizing of events and providing access to spaces for events and other purposes are subject to individual agreement and are specified in the Contract.
  3. The prices of the provided services are also indicated in each separate contract concluded between NESTWORK and the Customer.
  4. All the prices are VAT inclusive and are valid only for the mentioned package plans in these Terms and Conditions. Services that are not specified in these Terms and Conditions may be negotiated with NESTWORK and are provided after signing a contract.
  5. The price for the package plans and the additional services are paid in advance up to 24 hours after the conclusion of the contract and in any case before using the services.
  6. When purchasing a package plan for a period longer than one month the Customer undertakes to pay the price for using the services for the entire duration of the Contract.  In cases where the Customer has chosen to pay the price due in monthly installments, the payment shall be made in accordance with p. 5 for the first month and within 3 working days before the expiration of the first/current month of the period of use of the package plan – for the next one-month period.
  7. The prices of services related to the organization of events and providing access to spaces for events and other services shall be paid 50% in advance for booking the services and the other 50% prior to the event/before using the service.
  8. The amounts due can be paid in the following ways:
    • 8.1. Via bank transfer-bank account:
    • 8.2. Credit/Debit card
    • 8.3. PayPal
    • 8.4. Revolut
  9. All bank charges payable for the bank transfer shall be covered by the Customer.
  10. In case of delayed payment of the due price within the period specified above in this section, the Customer 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.
  11. The payment of interest for 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.
  12. In case of delayed payment NESTWORK has the right to restrict or to terminate the Customer’s access to the purchased services until the full payment of the amount due.
  13. NESTWORK reserves the right to change the content and quantity of the services included in the package plans and their prices according to the Price List. The changes do not apply to a contracts concluded before the announcement unless it is expressly agreed between NESTWORK and the Customer.
  14. NESTWORK reserves the right to offer additional or individual discounts to individual customers or groups of customers.
  15. NESTWORK issues an invoice to the Customer on the day of payment.
  16. NESTWORK offers its customers a points system which provides an additional discount on the order’s price. Points have a period of validity of one year from the date of the first order and can only be used in that period.

IV. CONCLUDING A CONTRACT

  1. The Agreement for use of the Services offered by NESTWORK may be concluded electronically or on paper.
  2. Concluding a written contract for use of the Services (“Agreement”) offered by NESTWORK is done by signing a standardized form by the Customer or their representative and representative of NESTWORK. T&C and the Internal Rules are considered as an integral part of the Contract and its signing, the Client declares that they are aware of them and accept them. The Contract is effective from the moment of its signing by the parties.
  3. In case the Customer is a legal person, the Contract shall be signed by its legal representative or an authorized person. In case the Contract is signed by an authorized person of the Customer, the authorized person provides NESTWORK a copy of the letter of attorney at the signing.
  4. The Customer declares that the information provided by them for the purposes of the Contract and for the filling in the standard format is complete, true and accurate.
  5. Customers can purchase the services offered by NESTWORK through the website https://nestwork.bg/
    • 5.1.  Before concluding a contract for the use of the services (hereinafter referred to as the “Agreement”), each potential customer should place his “Order”, duly signed by him or his representative.
    • 5.2. The Customer is entitled, upon signing the Order, to indicate the day on which he would like to take the places rented (“Start date of the rent”). The starting date of the rent may be no earlier than one business day from the date of the agreement and no later than 1 month from the date of the agreement.
    • 5.3. The electronic submission of an “Order”, stating the Customer’s Preferred Package(s) and Additional Services is considered as a proposal by the Customer to NESTWORK for the conclusion of contract for the respective Package under the terms and conditions set forth in these General Terms and Conditions.
    • 5.4. These General Terms and Conditions and the Internal Rules are an integral part of the Contract and are published and freely available on the website of NESTWORK. By signing the Order, the Customer declares that he is familiar with them and accepts them in full.
    • 5.5. The online confirmation of the “Order” by the customer is considered a handwritten electronic signature within the meaning of Art. 13, paragraph 1 of the Law on Electronic Document and Electronic Signature.
    • 5.6. The customer is obliged to provide correct data when filling out the order. If the customer is a legal entity, the Order should be signed by a legal representative or a duly authorized person. In case the Order is signed by an authorized person of the Customer, the authorized person provides NESTWORK a copy of the letter of attorney. In the event of changes in the data concerning the Customer specified in the Order, the Customer is obliged to notify NESTWORK immediately for the respective changes.
    • 5.7.  When purchasing the services online, the contact is concluded electronically. The Contract is deemed to have been concluded on the date of acceptance by NESTWORK of the validly signed Order. NESTWORK is deemed to have accepted the Received order if NESTWORK has not explicitly rejected it within 1 (one) business day of its receipt.
    • 5.8. When concluding a contract for a period longer than one month, the customer signs a contract on paper with the first access to the workspace for use of the purchased services.
  6. The use of the services may start after approval by NESTWORK.
  7. The contract is signed between “NESTWORK” and the physical or legal entity, and the latter are not entitled to lease or transfer the contract and the services included in it to third parties.
  8. NESTWORK may require the Customer documents certifying his legal status. NESTWORK has the right to refuse or delay the activation of some or all services until receiving such documents.

V. ACCESS

  1. Customers have the right to access the workspace within working hours and depending on the selected package plan
  2. Customers with 24/7 access have the right to access the workspace 24 hours a day, 7 days a week.
  3. Entering the workspace by the Customer is considered one used calendar day from their package plan, regardless of the duration of his stay.
  4. At the first access to the workspace for using the purchased services and according to their package plan the Customer gets a magnetic access card or access code. If there is loss of the magnetic access card or access code, NESTWORK must be notified immediately.
  5. The customer undertakes not to provide his/her individual access card or code to third parties.
  6. NESTWORK reserves the right to refuse or immediately terminate the customer’s access to the workspace in cases of violation of the Internal Rules, unethical and/or inappropriate behavior and/or behavior distracting the other customers.
  7. The Customer 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 Contract.
  8. In case of unlawful use of the site outside the conditions described the Terms and Conditions or actions resulting in extra costs to NESTWORK in connection with the security or safety of the building, the Customers bears sole responsibility for the incurred costs or damages
  9. The client with a package plan, including limited working hours from 09:00 to 19:00, is obliged to release the workplace at the end of the working hours.
  10. In the event of late payment by the Customer, NESTWORK has the right to restrict or prohibit the Customer’s access to the workplace.

VI. WORKING HOURS

  1. Working hours of the workspace are from Monday to Friday from 9 AM to 7 PM.
  2. Working hours of the spaces when organizing events and for the additional services are negotiable.
  3. NESTWORK reserves the right to change the working hours when necessary. NESTWORK announces changes in working hours or closure of premises with reasonable notice.

VII. INTERNAL CONDUCT

  1. When using the services in the workspace the Customer agrees to abide Internal Rules of conduct (“Internal Rules”), which actual content is kept available to the Customers at side in the workspace “NESTWORK” and on the Internet address https://nestwork.bg/

VIII. RIGHTS AND OBLIGATIONS OF CUSTOMERS

  1. The Customer is entitled and obliged to inspect the workplace when occupied. By signing the contract, the customer declares that he/she is aware that the workplace is located in a common open space/ office and is not subject to division or separation. The customer has the right to object the workplace(s) when occupied. In case NESTWORK has not received an objection regarding a workplace within the starting date of the term of the contract, it is considered that the customer has accepted the space in good condition and without any comments. The customer is fully responsible for its condition throughout the term of the contract.
  2. The Customer 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.
  3. The customer undertakes to treat with good care the workplace and the belongings of NESTWORK and other customers, as well as to return the items he/she receives once leaving the working space. In case of damaged, lost, or missing items, the customer is obliged to recover the missing items or restore them to their previous form.
  4. The customer undertakes not to perform any actions contrary to the current Bulgarian legislation, the applicable foreign laws, these General Terms and Conditions, internal rules or good manners.
  5. The customer is not allowed to make changes to the working space without the explicit consent of NESTWORK
  6. The customer is not allowed to distribute advertising materials in the space without the prior permission of NESTWORK.
  7. The customer may not use the name, the initials and the logo of the NESTWORK without its explicit consent.
  8. The customer has no right to publish or distribute inappropriate, obscene or illegal material or information on the internet or in the co-working space.
  9. The Customer have 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 a Customer.
  10. The Customer is obliged to take all measures for the protection of his/her personal belongings within the workspace.
  11. The Customer agrees to comply with all applicable laws and regulations regarding the dissemination of information and is fully responsible for his/her actions, including when using the internet through the NESTWORK network.
  12. The Customer is obliged to comply with the legal restrictions on the transfer, storage, processing or presenting of information. He/She is obliged to comply with all applicable laws and regulations related to the protection of the intellectual or industrial property. Copying, distributing or downloading copyrighted music or movies or other copyrighted sites without a license is prohibited through the NESTWORK network.
  13. In case of violation of the Contract, of these T&C or of the Internal Rules, 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.

IX. RIGHTS AND OBLIGATIONS OF NESTWORK

  1. NESTWORK is obliged to take due care in providing the services, which are subject to the General Terms and Conditions and the Contract.
  2. NESTWORK undertakes to notify the customers of upcoming events that could disrupt the workflow, at least 5 working days before the event.
  3. NESTWORK has the right to restrict or suspend the access of a customer who, by his behavior, endangers or interferes with the normal use of the services by other users.
  4. NESTWORK has the right to enter the Customer’s workspace with or without warning in order to maintain the good condition of the workspace.
  5. NESTWORK is not responsible for any occurred damages to the Customer as a result of a hacking attack or other types of security breaches.
  6. NESTWORK is not liable for damages suffered by the Customer under the concluded contract, except in cases where such damages are the result of gross negligence or intent. In all cases, the liability of NESTWORK is limited to damages, which are the direct and immediate cause of acts for which NESTWORK is responsible and which damages could have been foreseen at the conclusion of the contract. NESTWORK is not responsible for any lost benefits or indirect damages.
  7. NESTWORK is not responsible for infringements of the intellectual property rights of third parties as a result of customer’s actions, as well as in the cases of dissemination of personal data and/or confidential information by the Customer. The customer is responsible for all violations related to the protection of competition, copyright, trademarks, personal data, trade secrets, and others related to his/her activity in the use of the workspace provided by NESTWORK.
  8. NESTWORK is not responsible for a violation of the intellectual property of the Customer by a third party.
  9. NESTWORK is not responsible to the Client for stolen belongings.

X. PRIVACY STATEMENT

  1. NESTWORK processes and stores personal information of its Customers in accordance with the requirements of The Law on Protection of Personal Data and the applicable regulations.
  2. With the conclusion of the Contract the Client gives their informed consent for collecting and the processing of their personal information necessary for the conclusion and execution of the Contract.

XI. TERMINATION OF THE CONTRACT

  1. The Contracts for each of the package plans are fixed and are terminated with the expiration of the period for which they were concluded.
  2. NESTWORK has the right to terminate the Contract immediately and without notice in case the Customer:
    • 2.1. violates the Contract, these T&C, and the Internal Rules.
    • 2.2. delays the payment of his obligations from the Contract by more than 5 days or twice regardless of the length of the delay
    • 2.3. is declared in liquidation or bankruptcy.
    • 2.4. prejudices the good name of NESTWORK.
    • 2.5. violates the laws in the Republic of Bulgaria and/or international acts.
  3. For contracts signed for a period longer than 1 month, the contract can be terminated ahead of the term by NESTWORK and the Customer by giving one month written notice.
  4. Upon request by the Customer for termination of the contract without notice, a penalty of 30% of the amount for the remaining term of the Contract is due.
  5. The notice of termination of a contract is considered to be valid if it is signed personally by the Customer or his duly authorized representative. The notice of termination can be signed on paper and delivered to the NESTWORK’s address or sent electronically, which does not require the use of a qualified electronic signature.
  6. Submission of notice does not relieve the parties of their obligations under the contract and these general Terms and Conditions.
  7. NESTWORK does not owe the Customer returning prepaid amounts regardless of the reason for terminating the Contract.
  8. The contract is not considered automatically extended after its expiration, even if the Customer continues to use the rented workspace.
  9. On the day of termination of the Contract, the Customer is obliged to release the workplace used by him and return NESTWORK the magnetic cards and the codes for access to the workspace. In case the Customer does not perform this obligation, NESTWORK may declare their workplace free and remove their belongings. Abandoned belongings are kept by NESTWORK at the expense of the Customer within one month after the expiry of the Contract, then exterminated.
  10. If does not perform the obligations under section 9, the Customer pays a penalty of 100 BGN for each day of the delay.

XII. ACCESS TO T&C, INTERNAL RULES AND CHANGES

  1. The actual content of these T&C, the Price list and the Internal Rules are available for the Customers at the workspace and on the Internet address nestwork.bg.
  2. NESTWORK reserves the right to change these T&C, the Price list and the Internal Rules.
  3. NESTWORK has the right to amend these General Terms and Conditions at any time. NESTWORK undertakes to inform the Customer in due time about the amendments made. In the event that the Customer does not explicitly express written disagreement with the changes made within 14 days of the notification under the preceding sentence, the Customer shall be deemed to have accepted the relevant amendments to the General Terms and Conditions.
  4. All notices and documents supposed to be given NESTWORK by the Customer under or in connection with the conclusion, execution and/or termination of the Contract shall be delivered to the address of the workspace. Notices and documents supposed to be given the Client by NESTWORK are considered validly served if (a) they are submitted in person or (b) are sent to the Client’s email address of correspondence specified in the Contract.

XII. FINAL PROVISIONS

  1. Contracts concluded under these T&C are a subject of Bulgarian Law. Any other changes in this agreement are excluded except for the written ones.
  2. If any of the clauses of these T&C or the Contract 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.
  3. 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 Contract will be reviewed by competent state courts in Bulgaria.
  4. The versions of these T&C in languages other than Bulgarian shall be considered translations of the original. If problems arise in the interpretation and inconsistencies between foreign and Bulgarian version, the Bulgarian version prevails.

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