Costa Digital Coworking Agreement
Welcome to the Costa Digital coworking community. In order to keep our coworking space running smoothly, with the ambience that we want to create and maintain, we have created this agreement to provide everyone with a common set of standards and understanding of how Costa Digital works.
This agreement can be easily summarised in just a few words - “Be honest, fair, kind and considerate”.
However, to give a bit more guidance and cover the legal aspects, here is what you agree to if you use our services.
The Coworking Part
Our promises to you, and yours to us and your fellow coworkers.
- Service Level Agreement
- Costa Digital offers Clients a service level agreement according to the following terms:
- If access to a Service is not possible for more than 2 hours of a working day (08h00 - 20h00) or 10% of the period booked period booked, in the case of the meeting room, we will refund that day, pro-rata, from your package, or refund 100% of the fee in the event of a daily or shorter booking period. Optionally you may accept a credit to your account for the same amount.
- If internet connectivity is not available for more than 1 hour continuously, or two hours cumulatively during one day, we will refund that day, pro-rata, from your package, or refund 100% of the fee in the event of a daily or shorter booking period. Optionally you may accept a credit to your account for the same amount.
- Coworking Satisfaction Guarantee
- In the event that you find that Costa Digital is not providing you with what you need to work effectively, we will give you a 100% refund of your fees, providing that;
- In the case of a monthly or multi-day coworking package or self contained office you inform us of your decision before the end of your first day using our services, or;
- In the case of a single day use you inform us within the first hour using our services, or;
- In the case of using a morning/afternoon or full day of meeting room use you inform us within the first hour of use of our services. Single hour meeting room use is specifically excluded from this guarantee.
- Additional Costa Digital services or products, or those provided by our affiliates or partners, not mentioned in this guarantee are not included, although they may contain their own service level or other guarantees within their applicable terms & conditions or agreements.
- This guarantee is effective only for your initial use of our services. For the avoidance of doubt, if you change your mind and come back later (which we would be delighted about!) or have used our services at an earlier date then this guarantee is not applicable.
- Equality Statement
- Costa Digital would like all of its Clients to feel secure, safe, and relaxed whilst using our services. Whilst we don’t intend to act as “Thought Police” we would like to ask that all users of our services treat others in the same way that they themselves would like to be treated. Be polite and respectful of people’s need to work without disturbance and refrain from any behaviour or conversation that might be considered sexist, racist, intolerant, or otherwise discriminatory. Our advice: If you’re not quite sure if what you’re about to do or say is acceptable, don’t…..
- Music & Phone Calls
- Music: Many people enjoy working whilst listening to music or podcasts whilst they work, some prefer to work in silence. Even those who do enjoy music don’t always have the same taste. This is why headphones were invented, so we would appreciate it if you could use them, unless you find yourself alone in the office, in which case you can use your speakers so long as the volume isn’t extreme enough to disturb our neighbours!
- Phone calls and message tones at your desk: People calling whilst you are working is unavoidable, but it would be appreciated if you could use vibrate or very low volume settings. In terms of answering calls, use common sense and use the facilities provided away from the main coworking space if it’s going to be a prolonged or loud conversation.
- Self Contained Office
- Internet: The office will be provided with its own discrete WiFi SSID connection.
- Music & Noise: Normal levels of noise associated with an office environment such as phone calls, meetings etc are quite acceptable but please be aware that you, the occupant, are part of a community. So, please be considerate!
- Access: Access to the office is exclusive to the users of this service and those that they invite into the space. Other users of the coworking space do not have right of access. The users of the self contained office do enjoy access to the shared facilities of the coworking community, such as the WC and kitchen areas. Consideration should be shown to other coworkers using the space. Costa Digital may access the office to perform cleaning, maintenance, or to access the storage area but will endeavour to do so outside of normal office hours and with the lowest possible frequency.
- Health & Hygiene
- We all get sick from time to time, and we all have to make our own judgement about whether or not we are fit to work. Please add into this calculation a consideration for your fellow coworkers, who probably don’t want to be infected. If you have reserved a day which you would like to reschedule due to sickness, let us know as soon as possible and we will look for another option.
- We work in a shared office space and nobody likes to raise the matter of personal hygiene with other coworkers. We don’t really need to say any more on this subject!
- Bogey & Cleanliness Policy
- Bogeys: You may wipe your bogeys in a tissue, your shirt, wash them down the sink, or eat them - we don't mind. But PLEASE don't put them on the underside of desks, chairs or tables. You have been warned!
- We do clean the coworking space, but we would very much appreciate your help in leaving your personal work area tidy, and also cleaning up after yourself in the shared areas such as the kitchen, bathroom, and patio areas.
- Collaboration & Promotion
- Do you do something that is complementary to Costa Digital? We are always looking for ways to network and provide improved services for our coworking community and the local area. Let us know.
- Would you like to promote your own services within our community? Let us know and we can discuss suitability and how best to do this.
- It’s Your Coworking Space
- We value you as customers and clients, and we appreciate your thoughts and contributions. Please get in touch with us if you see something that can be improved, something that is missing, something that can be added (subject to budget!). You can email us, call us, or even leave an anonymous note in the cashbox if you have ideas or suggestions. On the social side, if you want to organise something, and make it available to other coworkers, we would love to see it. Let’s make this the most rocking coworking space around!
Costa Digital would love to grow in a way that is positive - not only for us as a business, but for our clients and our community too. We look forward to the journey together!
The Legal Part
A little boring, but necessary.
- This Agreement
- This is an agreement between you, the person using our services (“the Client”, “you”), and us (“Costa Digital - Maria Paredes Y2598363K”, “us”).
- By paying for and using our services you implicitly accept the terms & conditions of this coworking agreement.
- Nature of this agreement: This coworking services agreement is simply a permission for the Client to use the Premises and other facilities of the Coworking Space. The whole of the Space remains in Costa Digital’s possession and control. No rental, tenancy or other, right title or interest and/or possession whatsoever is created or intended to be created by this agreement in favour of the Client. Costa Digital is giving the Client the right to share with Costa Digital the use of the Space on these terms and conditions, in order that Costa Digital can provide services to the Client. The Client agrees not to assign, sublet, or part with possession of the Premises or attempt transfer of this Agreement.
- Duration: The Client accepts to abide by the terms of this agreement during any and all periods of use which they have reserved and paid for, regardless of actual attendance. Costa Digital has no minimum “lock-in” periods, services are supplied on a first come, first serve basis, with no guarantee of availability.
- Commencement & Termination: As the services provided by Costa Digital are intended to be flexible, various different packages may be available for clients to purchase, including those that may not be contiguous . In all cases this agreement will apply during any periods for which the Client has contracted, booked and paid for. This agreement will continue to apply during such periods and will terminate when the Client no longer uses the Services provided by Costa Digital.
- Confidentiality: The terms of this Agreement are confidential. Neither the Client nor Costa Digital may disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues after this Agreement ends. Costa Digital will not disclose to any third party your use of our services, unless requested to do so by the Client or as required by law or official authority.
- Legal Jurisdiction: Civil Courts of the city & province in which Costa Digital is located shall have exclusive jurisdiction in the event any disputes or differences arise in respect of, out of, relating to and/ or touching this Agreement. This agreement is interpreted and enforced in accordance with the law of the place where the relevant coworking space is located.
- Payment: Payment must be made in advance for use of all services provided, except as varied by Costa Digital for certain ancillary products or services, which may be billed in arrears. Costa Digital will make it clear if a product or service falls under this exception. See Article 2 of this legal part for more details.
- Additional Services: Additional services may be provided to Clients or non-Clients by way of proposal/agreement which includes payment terms which, in these cases, will be as described in said agreement for those services contracted and which falls outside the terms of this coworking agreement.
- Notices & Official Communication: All formal or legal notices must be in writing and:
- Shall be deemed to have been served on the Client if delivered to the Premises or posted to the last known address of the Client and, in the latter case, shall be deemed to have been served on the third working day after posting. It is expected of the Client that they keep their communication address updated with Costa Digital at all times.
- Shall be deemed to have been served on Costa Digital if delivered to the Space owner where the Client has taken services, placed into the mailbox at the same address, or posted to the address of the Space and, in latter case, shall be deemed to have been served on the third working day after posting.
- Data Protection: Protecting your personal data is important to us and we will treat all personal data with care and according to the data protection law in force. We do not share or sell your data to any third parties and will only process data to the extent necessary to fulfil the services contracted by the Client or in the legitimate interest of our business. If you discontinue use of our services we will normally delete all personal data from our systems after a period of 3 months of inactivity, unless otherwise required by law. Any other use of your personal data will be by way of informed consent. You can exercise your right to disclosure, amendment or deletion of data at any point by writing to or emailing Costa Digital.
- Inspection and Maintenance: Costa Digital, or such persons authorised to do so for this purpose, may need to enter the Space and may do so at any time. However, unless there is an emergency, Costa Digital will attempt to notify the Client verbally or electronically in advance whenever access to carry out testing, repair or works other than routine inspection, cleaning and maintenance is required. Costa Digital will also endeavour to respect reasonable security procedures to protect the confidentiality and security of clients and avoid undue disturbance to the Space.
- Identification Documents: It is a condition of supplying Costa Digital Coworking Services that the Client agrees to provide a copy of an official government identification document pertaining to the identification of the person (executing the agreement), as well as any additional person who will be using the Coworking Space (in the case that multiple or shared use apply) as deemed relevant by Costa Digital. The reasons for providing this documentation are in order to provide mutual security for all users of the space, and also so that we can identify the occupants of the Coworking Space in the case of an emergency or natural disaster. All such documentation will be stored securely and treated in accordance with our Data Protection policy (1.11).
- Fees and Payments
- Monthly Package Fees: For monthly Coworking Desk packages the fee (per month) shall be payable in advance, not later than the first day of intended use of a service or the first day of each calendar month, to Costa Digital. In respect of any broken/shorter period (such as starting to use services during the current month where the Client prefers to be billed per calendar month) a pro-rata adjustment shall be made. All bookings are subject to availability at the time of booking/payment. Future bookings can be secure by payment of a non-refundable 10% deposit in order to reserve the applicable period.
- Flexible Package and Short Term Fees: For flexible Coworking Desk packages and rental of the meeting room the fee (per package or fixed item) shall be payable in advance, not later than the first day of intended use. Reservations for all days may be made at the time of booking/payment, or reserved as required. In both cases reservation of any particular day is subject to availability at the moment of reservation.
- Self Contained Office Fees:
- The Self Contained Office is only available on a monthly basis and the fee (per month) shall be payable in advance, not later than the first day of intended use of the service or the first day of each calendar month, to Costa Digital. In respect of any broken/shorter period (such as starting to use services during the current month) a pro-rata adjustment shall be made.
- Anticipated duration of occupation will be discussed at the time of the initial booking and a minimum deposit of 10% of the subsequent monthly fee will apply, in the case of occupancy for a period of more than a single calendar month, to be paid at the same time as the current monthly fee. This deposit will be deducted from the final monthly fee on the condition that a minimum of one calendar month notice of vacating is given.
- Once a monthly payment or reservation deposit has been paid, the current price for this service will be fixed at the current level, excepting as described in 2.3.4.
- In the case of continuous occupation of the office for 12 months or more, Costa Digital reserves the right to make a price adjustment for provision of this service at an interval of not less than 12 months. The maximum increase for an existing occupant will be limited to the latest available Spanish CPI increase for the previous 12 month period.
- So long as notice of termination has not been given, the terms and conditions of this agreement have been adhered to, and payment of monthly fees and/or deposit has been made, Costa Digital will not terminate this service.
- Standard Additional Services: Standard Recurring services requested by the Client (such as monitor use or mailbox) are payable monthly in advance. Unless otherwise agreed in writing, these recurring services will be provided at the specified rates for the duration of this Agreement (including any renewal). The Client is requested to give the maximum possible advance notice to terminate such standard recurring services, in order that we can re-allocate them, if applicable.
- On Demand Products/Services: Costa Digital may provide products or services available on-demand within the Coworking Space. Payment should be made at the point of consumption, using the payment facilities provided, or may, by agreement, be invoiced and paid in arrears.
- Additional Variable Services: Costa Digital may provide additional Services directly or through a business partner. Such Services will be billed in accordance with the applicable signed agreement, and are either due within 7 days from the date of the invoice, or in accordance with the payment schedule contained within the agreement.
- Set-up fees: Costa Digital does not charge an initial setup fee for use of our standard coworking services. If the Client requires something additional that is not ordinarily provided, please inform us and, if it is possible, both parties will agree the terms of setting up such additional services.
- Fee & Pricing Changes: Costa Digital reserves the right to change fees and prices at its own discretion. However the price in force at the time of booking or reservation will always be honoured and no retrospective charges or refunds will be made as the result of such changes. We will also try to give the maximum notice possible of any changes.
- Taxes: Costa Digital is obliged to charge sales tax (IVA) on the sale of all goods and services at the current standard rate and fully compliant tax invoices are provided. If your business is Spanish registered under the “IVA con RE” regimen, please let us know and we can invoice you accordingly. In the case that the Client is a VAT registered entity within the EEA or UK, and registered in the VIES system, IVA will not be charged, in accordance with the rules on reverse charge accounting for VAT. In the case that you are resident and tax domiciled outside of the EEA/UK, IVA will be applied but you can usually reclaim this amount by applying at the tax authority refund office generally located at your place of departure (airports, ports etc). Refundable deposits are not subject to IVA.
- Invoices: Costa Digital will send all invoices electronically but a paper copy can be produced on request. Notification of invoices shall constitute a demand for payment unless already settled. Confirmation of payment is available by following the “Pay Online” link within your invoice email or, on request, in printed format.
- Payment Methods: In order to offer as much flexibility as possible, Costa Digital offers you several different payment options. Payment can be made online using the link within your invoice pdf and the email which contains it, electronic bank transfer, Bizum, on-site card payment, or cash. Both online payment and on-site card processing support both Apple and Google Pay.
- Invoice Disputes: In case of any dispute in any charges levied for Costa Digital Services, the Client must notify us in writing of such disputed amount and the reasons for it within 7 days of the date of the invoice. The Client must pay the amount not in dispute by the due date or be subject to late fees. Costa Digital and the Client will endeavour to resolve, by mutual discussion, the disputed portion of the charges for Services within one week of receiving a notice from the Client.
- Late Payment: In the event of delay in making payment for Services or products, the Client shall be liable to pay “default-interest” on the amount due at the rate of 5% per month. Declined Credit cards and incomplete bank transfers may also result in late payment and, additionally, we retain the right to reclaim and bank charges incurred as a result. Costa Digital also reserves the right to withhold services (including for the avoidance of doubt, denying the Client access to its premises, where applicable) while there are any outstanding fees and/or interest or the Client is in breach of this Agreement. Without affecting the aforementioned terms, we also understand that cash flow can be difficult when running your own business, so please talk to us, if you find yourself in a difficult position, and we will endeavour to find a workable solution.
- Security Deposit
- Coworking Deposit: The Client must pay a security deposit of €5 for their RFID coworking office access keycard, which is issued on your first day of using our services. Due to the high fees charged for debit/credit card refunds, payment is accepted by cash, electronic bank transfer or Bizum only.
- Self Contained Office Deposit: The Client must pay a security deposit of €25 for their office key and RFID coworking office keycard, which are issued on your first day of using our services. If additional RFID cards are required then the deposit will be as stated in 3.1. Due to the high fees charged for debit/credit card refunds, payment is accepted by cash, electronic bank transfer or Bizum only.
- Meeting Room Deposit: No deposit is payable for use of the meeting room. If RFID coworking office access cards are required then a deposit of €10 is required for the first card and €5 for each additional card. Due to the high fees charged for debit/credit card refunds, payment is accepted by cash, electronic bank transfer or Bizum only.
- Locker Key Deposit: Clients using optional personal lockers must pay a security deposit of €5 for their key, which is issued on request. Due to the high fees charged for debit/credit card refunds, payment is accepted by cash, electronic bank transfer or Bizum only.
- Deposit Refund: The security deposit, or any balance after deducting outstanding fees and other costs due to Costa Digital, or any of Costa Digital’s affiliates or vendors, under this agreement, will be returned to the Client within 10 business days, after to the Client has settled their account and has fulfilled all obligations under this agreement. Under normal circumstances the deposit will be returned immediately upon return of your key(s) and/or RFID keycard.
- Increase in Deposit: Costa Digital may vary the deposit amounts without notice. This will not affect deposits already paid.
- Insurance & Liability
- Civil Liability: Costa Digital holds full civil/third party liability insurance cover.
- Office Insurance: The Costa Digital office is insured, including contents, for fire, flooding, water damage, break-in, burglary, theft and most insurable eventualities (with the standard exclusions such as war, nuclear attack etc!). However, we cannot 100% guarantee that all of your personal effects, under all possibilities, would be covered and strongly recommend that you avail yourself and/or business with a suitable insurance policy. We have good relations with our broker should you require any help or advice.
- Liability for Services: When permitted by law Costa Digital, its owners and staff, suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. We have tried to ensure that the information within this agreement, on our website, or contained within other electronic or printed documents is accurate. However, we will not accept liability for any loss, damage or inconvenience arising as a consequence of any use of or the inability to use any information contained therein. We endeavour to provide a service of the highest quality; however, we cannot guarantee that our service will be uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of our services or products.
To the extent permitted by law, the total liability of Costa Digital and its owners, staff, suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount paid for the provision of Services or products.
In all cases, Costa Digital, its owners and staff, suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract. - Business use of our Services: If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Costa Digital and its owners, staff, affiliates, officers, agents, suppliers and distributors from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and lawyers’ fees.
- Terms of this Agreement
- If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
- If it turns out that a particular term is not legally enforceable, this will not affect any other terms or the validity in general of this agreement as a whole.
- In case of any conflict, the Spanish version of this agreement shall be deemed as the definitive legal version.
Version 1.3 EN 22052023
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