General Terms and Conditions - “wokr17 ”
Article 1 - General points
1.1. - NAME
The company ROLLUPP SRL, based in Belgium, at 1050 Bruxelles, rue du Berger, 17 (VAT BE0545837905) is hereinafter referred to as “wokr17” or “the service provider”.
“wokr17” is a registered trademark of Rollupp for its concept of a workplace that provides the following services, among several others: refreshments, co-working and boutique spaces, workshop organisation, and wine cellar services, including monthly “Wine Pack” offerings.
The beneficiaries of these services, who are normally associated with wokr17 by means of one or more contracts, are hereinafter referred to as “the client” or “the beneficiary”.
The service provider and the beneficiary are referred to as “the parties”.
The services of wokr17 are provided by way of a contract (“the contract”).
1.2. - SCOPE AND EXEMPTIONS
All the offers and contracts of wokr17 are subject to these general terms and conditions, which apply to all the orders placed and all the contracts concluded with wokr17.
The client accepts them by the mere fact of concluding a contract with the service provider or subscribing to one of its service offers.
These general terms and conditions are complemented by the special conditions that are specific to each contract concluded with wokr17, and that are attached to these contracts.
Any exemptions from these general and special terms and conditions, even if they appear on documents drawn up by the client or wokr17’s representatives, shall not be considered valid unless wokr17 has provided written confirmation of their validity. Even in those circumstances, these general terms and conditions shall remain applicable to all points from which no explicit exemption has been granted.
Not adhering to the general or special terms and conditions may result in the contract being terminated, and the beneficiary being considered at fault.
The special conditions can validly provide exemptions from the general terms and conditions, and take precedence over the latter.
1.3. - MODIFICATIONS
wokr17 reserves the right to modify these general terms and conditions.
If the beneficiary is opposed to the modified conditions, he/she may terminate the contract by sending an e-mail to the address email@example.com , or by using the contact channels on the website www.wokr.eu, while ensuring compliance with the termination conditions described in article 2.4. of these general terms and conditions.
However, if the beneficiary does not terminate the contract in accordance with the above-mentioned conditions, and continues to uphold it on the announced date on which the modified conditions come into force, then these latter shall automatically apply to the contract from that date onwards.
1.4. - PRICE LIST
A price list for the various services offered by wokr17 (hereinafter, “price list”) can be accessed via the link http://wokr.eu/uploads/homecontent/1/file/fra/20200507_Wokr__CatalogueFiches_SiteInternet.pdf
This price list constitutes the supplementary material to these general terms and conditions.
1.5. - MEMBERSHIP
If the beneficiary has not obtained membership to the “WOKr Creative Club” by means of a contract, he/she can sign up for a subscription in order to benefit from the advantages that membership provides.
These advantages are described on the website www.wokr.eu and in the price list.
The subscription fees are indicated in the price list.
Article 2 - wokr17 contracts
2.1. - CONCLUSION OF CONTRACTS
The various service activities offered by wokr17, listed non-exhaustively in article 1.1. of these general terms and conditions, are normally provided after a contract has been concluded between wokr17 and a beneficiary of these activities.
The services offered by wokr17 begin to be provided only after the first payment has been made, as described in article 3.1. of these general terms and conditions.
These contracts are subject to special conditions, which are specific to each type of activity and are laid out in detail in the contracts.
No contract concluded by wokr17 falls within the scope of the Law of 30 April 1951 on commercial leases.
All the amounts mentioned in the contracts, the general terms and conditions, and the special conditions are in euros, and exclusive of VAT.
2.2. - RESPONSIBILITY OF THE PARTIES DURING THE EXECUTION OF THE CONTRACT AND USE OF THE PREMISES MADE AVAILABLE BY wokr17
Each contract is concluded personally by the beneficiary, who is the only person who can benefit from the services that have been agreed upon.
Hence, the client cannot allow a third party to benefit from wokr17’s services, or assign the contract without the service provider’s consent; failing to adhere to these stipulations may empower wokr17 to end the contract, with the fault lying entirely with the beneficiary (art. 2.5. of these terms and conditions).
For every contract, the beneficiary agrees to use the space made available to him/her only for the purposes stated in the contract and in a prudent and responsible manner, without causing any nuisance to wokr17 or to a third party to the contract.
The beneficiary agrees to adhere to all the legal obligations associated with carrying out its activities and/or infrastructure.
The beneficiary, along with every person present with his/her explicit or tacit permission in the space made available by wokr17, must have a respectful attitude towards the service provider’s installations, and cannot modify them without its consent.
Any modification, transformation, or degradation of the above-mentioned installations, including the furniture, shall result in repair expenses that shall be invoiced to the beneficiary, and possibly withdrawn from his/her guarantee.
The same consequences shall result if an extraordinary amount of cleaning is necessary after the beneficiary has used the premises.
Thus, the beneficiary is responsible for all the damage that he/she or a person under his/her responsibility causes, as well as for any nuisance that he/she causes.
In the event of a serious violation of this article, the contract may be terminated, with the fault lying with the beneficiary (art. 2.5. of these terms and conditions).
Persisting in a certain kind of behaviour after wokr17 has indicated to the beneficiary that it is contrary to this article is considered to be a serious violation.
The service provider cannot be held responsible, regardless of their cause, for inconveniences, damage, wear, accidental interruptions, etc., which could affect the building, the water, power, and heating facilities, the telephony facilities, etc., during the execution of the contract, unless it is established that despite having been informed of a problem, it did not take adequate measures as soon as possible to try to fix the problem.
The service provider cannot, under any circumstances, be held responsible for issues caused by third parties.
The service provider cannot, under any circumstances, be held responsible towards its affiliates in the event of the building being expropriated, and shall not be liable to pay any compensation for breach of contract in these circumstances.
2.3. - END OF THE CONTRACT
Excluding the special conditions that are specific to each type of activity (particularly those regarding tacit renewals), the contract normally comes to an end at the end of the period mentioned in it.
The contract can be terminated before the end of its term either by mutual agreement, which involves providing prior notice, or due to the beneficiary being at fault, particularly for the reasons described in article 2.1. or in the special conditions of a contract.
At the end of the contract, the beneficiary agrees to clear his/her storage space of all his/her belongings.
At the end of the contract, the beneficiary agrees to have all references related to Rollupp and wokr17 removed from his/her official documents.
If the beneficiary fails to do so within 3 months of the end of the contract, he/she shall have to pay the service provider a daily penalty of 100 euros until he/she has perfectly discharged his/her obligation to remove the above-mentioned references.
Moreover, wokr17 reserves all rights to take action in this respect, including the right to notify the competent authorities at the Public Prosecutor’s office and the Crossroads Bank for Enterprises.
Contracts concluded at a distance by consumer beneficiaries can be terminated within 14 calendar days of this conclusion at a distance, without any reason and any additional charges other than those stipulated by the Code of economic law.
2.4. - TERMINATION DUE TO THE BENEFICIARY’S FAULT AND FINE
Any termination of the contract due to the beneficiary’s fault shall be carried out without any prior notice or compensation, and without the prior authorisation of the courts being necessary.
Such a termination makes the beneficiary liable to pay wokr17 a termination fee that is equivalent to three months of a monthly subscription; this shall not affect the service provider’s right to claim damages to compensate for the damages caused by the fault-based termination.
2.5. - NO-FAULT TERMINATION
The beneficiary agrees to inform the service provider, within 10 days, by registered post with acknowledgement of receipt, of any bankruptcy, judicial reorganisation, or court-ordered liquidation proceedings that he/she might be subject to, and, if the member uses wokr17’s address as a registered or head office, he/she should explicitly inform wokr17 of the same and send the official publication of this decision to the Belgian Official Gazette.
If the beneficiary goes bankrupt, is liquidated, or is ordered to undergo judicial reorganisation, then the contract shall be terminated immediately, without fail, with the beneficiary being liable to pay a termination fee equivalent to 3 months of a monthly subscription as a privilege.
2.6. - NON-COMPETE CLAUSE
The beneficiary agrees that during the contract execution period, as well as during a period of 12 months after the end of the contract, he/she shall not hire any staff members of the service provider, in any capacity whatsoever.
If this clause is violated, the beneficiary shall have to pay a lump sum equal to the gross annual salary of the poached staff member at the time of his/her departure.
Article 3 - Prices and terms of payment
3.1. - PRICES AND THE START OF SERVICE
The fee is set at a fixed sum, as indicated in the price list.
It is generally fixed on a monthly basis, but can also cover a shorter period (per day) or a defined service.
This flat fee does not include certain charges that are specific to different types of activity, and which are, if required, indicated in the special conditions of the contract concerned.
The transaction charges that the service provider has to pay, for instance when payments are received from accounts located abroad, are among the charges borne by the beneficiary in addition to the monthly fee.
The beneficiary shall have to transfer the entirety of the guarantee indicated in article 4 of these terms and conditions, the first monthly fee, and any other monies owed to the bank account indicated in the contract in order to begin using the services offered by wokr17.
3.2. - TERMS OF PAYMENT
wokr17 issues an invoice on the 20th of every month. This invoice is for the monthly fee of the month of its issue and/or any other fees that may be owed for that month.
Each invoice must be paid by the client within 15 calendar days of receiving it.
Each month that is begun is considered to be a complete month. A month begins on the first of each month.
3.3. - DELAYED PAYMENT AND FINE
If payment is delayed, the beneficiary shall, automatically and without the need for prior notice, be liable to pay an irrevocable and fixed penalty clause amount equal to 10% of the amount due.
If an invoice is not paid, a reminder is issued on the 20th day of the month that begins after the period covered by the invoice, thus opening a fresh payment window of 15 days for the sums indicated in the invoice and the penalty clause amount.
An invoice that remains unpaid at the end of this reminder-based procedure may result in the service provider suspending its services until the open invoices are completely paid, without such a step constituting a termination of the contract.
If certain invoices remain unpaid for a long time, or if payments are delayed repeatedly, then wokr17 may terminate the relevant contract, with the fault lying solely with the beneficiary.
3.4. - PRICE REVISION
The flat fee that is agreed upon contractually may be revised annually, on the 1st of January every year, only at the behest of wokr17.
Such a change shall be made known before the end of the relevant year, and the revised fee shall come into effect only on the 1st of January of the following year.
The monthly fee is indexed according to the following formula:
Initial monthly fee x new index
The initial monthly fee is the one mentioned in the contract, and taken from the price list.
The base index is the consumer price index of the month that precedes the month in which the contract was concluded.
The new index is the consumer price index of the month preceding the date of revision (normally, December).
Article 4 - Guarantee
4.1. - PROVISION OF THE GUARANTEE
The beneficiary shall, within 5 days of signing a service contract whose duration is greater than 3 months, pay a guarantee with a value equivalent to:
In addition to this guarantee, the beneficiary shall also pay the first monthly fee at the same time.
Failure to do so may result in the relevant contract being declared null and void by wokr17.
If any sums are withdrawn from a guarantee as part of executing a contract, the member must ensure that this guarantee is brought back up to its original amount within 15 days of the withdrawal; failing to do so may result in the contract being terminated, with the fault lying solely with the beneficiary.
4.2. - USE AND RESTITUTION
The beneficiary explicitly authorises wokr17 to use this guarantee to offset any sums owed as part of the execution of a contract, provided that he/she is informed of this in advance.
This guarantee can also be used to offset the sums owed after the contract has been terminated due to the sole fault of the beneficiary (art. 2.5. of these general terms and conditions).
The guarantee deposited by the beneficiary shall be returned to him/her within 2 months after the end of the relevant contract, provided that the beneficiary shall have met all his/her obligations; failing this, the sums owed shall first be withdrawn from the guarantee, after the above-mentioned period is over.
Article 5 - Partial invalidity
If, for any reason whatsoever, a provision of these general terms and conditions or of the special conditions of a contract had to be declared inapplicable, this inapplicability would not affect the application of the other provisions of these general terms and conditions. In such a case, the provision that was deemed to be inapplicable would be replaced by the most similar provision possible or, failing this, by common law.
Article 6 - Disputes and applicable law
These general terms and conditions, the contracts, and the special conditions of wokr17 are governed exclusively by Belgian law.
In the event of a dispute, the parties agree that only French-speaking courts in the judicial district of Brussels shall have jurisdiction.
The general terms and conditions, contracts, and special conditions have, for the most part, been translated into English. However, in the event of a dispute, or if a question arises regarding the interpretation of these texts, only the French version shall prevail.