Interlink Space - Coworking Munich

Terms

1. Description of Services

a. Interlink Space is a service of the company Interlink Space GmbH, Am Anger 3-5, 82237 Wörthsee, Germany.
b. The subject of the offer of Interlink Space GmbH, hereinafter referred to as the Provider, is the provision of office workstations in a shared office including the unlimited use of the Internet via Wi-Fi as well as the rental of lounge areas, event areas and meeting rooms. The offer is supplemented by further services.
c. Depending on the selected tariff, the possibility of use is limited to a defined location and period of time as well as to a single person.
d. The office workstations are equipped with a table, chair, electricity, Internet access via Wi-Fi and other contractually agreed items.
e. Each User also has access to the contractually agreed common areas.

2. Conditions of access, rules of use and conduct

a. The User is granted access to the workplace only within the regular opening hours valid at the time. The User is not permitted to stay overnight in the provider’s premises.
b. The User has thoroughly checked the equipment before the beginning of the contractual relationship and has acknowledged its functionality.
c. The right of use is not transferable.
d. The User must be able to identify themselves at any time by presenting a corresponding valid contract or ID card issued by Interlink Space GmbH in combination with a state-recognized identification document, and must be able to prove to the employees of Interlink Space GmbH that payment has been made. Lack of proof or delay in payment entitles the Provider to deny access.
e. The use of the provided workspace and the common areas is subject to the House Rules and these General Terms and Conditions, which must be accepted upon conclusion of a contract.
f. Subletting to third parties is excluded.
g. Modifications to the workplaces, alterations, installations, changes to the sanitary and lighting systems are only permitted after written approval by the Provider and at the expense of the User.
h. The Provider may carry out repairs, maintenance and structural changes which are expedient for the preservation and extension of the building or the workplace or for the prevention of dangers or for the elimination of damage, after setting a reasonable deadline. In the event of imminent danger, no consent of the User and no setting of a deadline shall be required. The User is obliged to keep his workplace accessible for this case and to clear it immediately. All costs resulting from this shall be borne by the User. The User may not reduce the usage fee due to expedient work. Claims for damages are excluded, unless the use of the workstations is hindered or excluded for a disproportionately long period of time.
i. The use of the services offered by the Provider for any unlawful purpose or any purpose excluded in these terms of use is prohibited.
j. The User is not entitled to any services offered by the Provider on a fair use and/or shared use basis. The Provider may prohibit the use of such services or require the User to pay a fee communicated by the Provider. This provision also applies to contractual arrangements not explicitly made.
k. The User is obligated not to use the services in a way that leads to damage, destruction, overload or other unusability of the infrastructure provided by the Provider (such as server, network, printing technology, furniture) or cause disturbances of the same for other users.

3. Network access and internet access

a. The User shall not make any attempts to gain unauthorized access to the technical infrastructure by hacking or similar methods. This also includes so-called “port scanning” and “Wi-Fi sniffing”.
b. The User confirms that they will not use the services and infrastructure of the Provider for any of the activities listed below:

  • i. Use in connection with lotteries, MLM (snowball systems), chain letters, spam e-mails or other types of unsolicited messages or advertising (both private and business);
  • ii. Defamation, abuse, harassment, stalking, threats or other violation of legal regulations (such as protection of privacy, personal rights) of persons or companies inside or outside the coworking space;
  • iii. Dissemination of immoral, offensive, pornographic or other unlawful materials or data within or via the infrastructure provided by the Provider;
  • iv. Dissemination or provision of data containing images, photographs, moving images, software or other material subject to intellectual property laws (e.g. trademark law), unless the User is the rights holder or has the authorization to disseminate;
  • v. Distribution of data containing viruses, Trojans, worms, bots or other malicious software;
  • vi. Illegal download of copyrighted data;
  • vii. Obstructing or preventing other users from accessing and using the Provider’s services and infrastructure;
  • viii. Unlawfully obtaining information from other users, including but not limited to their addresses and messages, without their consent.

4. Conclusion of contract

a. The Provider operates the internet presence interlinkspace.com with the possibility of online purchase of access and usage authorizations for premises and services. In doing so, the User must register with his personal data and make a payment. The User receives his access authorization in electronic or written form and must present it as legitimation to an employee of Interlink Space GmbH before accessing the respective area and/or coworking workspace.
When purchasing an access and/or usage authorization, the User agrees to these General Terms and Conditions and the House Rules and effects a legally valid conclusion of the contract by clicking the button for booking. The purchase can only be concluded if the user has accepted these Terms and Conditions and the associated House Rules. With the booking, the User assures that the personal data provided are complete and true and undertakes to notify the Provider immediately of any change in his personal data.
b. By booking an access and/or usage authorization, a contract according to the tariff chosen by the User is concluded with the Provider. The contract is concluded in writing on site or online.
c. The contract of use between the User and the Provider shall only be concluded by the submission of the declaration of acceptance and a subsequent booking confirmation by the Provider. This can be done in writing or by e-mail.

5. Payment modalities

a. Payment is due immediately upon conclusion of the contract. As far as it concerns a monthly service, the payment is to be made at the beginning of the monthly period of use. The date of receipt of payment is decisive in this respect. If the due date of the payment is determined by the calendar, the User is already in default by missing the first date. In this case, they shall pay the Provider default interest in the amount of the legally standardized interest rate. The obligation to pay default interest does not exclude the assertion of further damages caused by default.
b. All prices are net prices excluding the applicable statutory sales tax. The Provider’s stated tariff and price lists shall apply.

6. Data protection

a. The Provider processes the User’s personal data in compliance with the applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
b. The processing of personal data is carried out insofar as this is necessary for the initiation, performance and termination of the contract (Art. 6(1)(b) GDPR) or for the fulfilment of legal obligations of the Provider (Art. 6(1)(c) GDPR). This includes in particular contact, contract and billing data of the User.
c. Use of contact data (in particular e-mail address) for the sending of information on offers, events and services of the Provider (marketing communication) takes place only on the basis of a legal permission or the User’s consent (Art. 6(1)(a) GDPR). Consent is voluntary and can be revoked at any time with effect for the future.
d. The User has the rights under the GDPR, in particular rights of access, rectification, erasure, restriction of processing, data portability and the right to lodge a complaint with a data protection supervisory authority. Details are set out in the Provider’s privacy notice.

7. Confidentiality

a. The User shall treat as strictly confidential all information about other users and their companies that becomes known to the User in connection with the use of the premises or infrastructure of the Provider. This includes in particular business and trade secrets, customer and supplier data, technical know-how, financial information as well as personal data and private circumstances. For the purposes of confidentiality, the Provider shall also be deemed an other user.
b. The User may not disclose, reproduce, store, record or otherwise make it accessible to third parties without the prior express consent of the affected user. This applies in particular to the unobtained reading or listening to conversations, screen contents, documents or data of other users.
c. The User shall take appropriate measures to protect the confidentiality of such information and shall also ensure that its employees, vicarious agents and visitors comply with this obligation.
d. The confidentiality obligation shall continue to apply after termination of the contractual relationship. It does not apply to information which was already lawfully known to the User, is or becomes generally known without breach of this clause, or must be disclosed due to official orders.

8. Termination

a. Both parties can terminate the contractual relationship at the contractually stipulated deadline in writing without giving reasons. The right to premature termination for cause remains unaffected for both parties and for all cases.
b. The Provider may terminate the contractual relationship without notice with immediate effect for good cause. Good cause exists in particular if

  • i. the User is in default with his payment obligations despite reminder, or
  • ii. the User otherwise seriously or repeatedly breaches his contractual obligations, or
  • iii. the Provider, through no fault of its own, permanently loses the legal or factual basis to provide the contractual workspace and services, in particular if the Provider’s own lease or other right of use in respect of the premises expires, is terminated or is otherwise effectively ended.

c. The User may terminate the contractual relationship with immediate effect without observing a notice period if the continuation of the user relationship cannot be expected of him and the Provider is responsible for this.

9. Liability

a. The User has inspected the workstations in detail prior to the conclusion of the contract. They have taken note of the fact that the workstations are located in an open-plan office and cannot be locked separately. Due to the condition known to him, they waive any claims according to §§ 536, 536 a BGB. There are no claims for reduction in this respect. The User acknowledges that the respective workstation used by him, including all furnishings, is in a condition in accordance with the contract prior to the start of use.
b. In all cases in which the Provider is obligated to pay damages or reimbursement of expenses in the course of business on the basis of contractual or legal claims, the Provider shall only be liable to the extent that it is guilty of intent, gross negligence, or injury to life, limb or health. This does not affect the liability for culpable violation of essential contractual obligations and guarantees. In this respect, however, liability is limited to the foreseeable damage typical for the contract. Liability for consequential damages, in particular for loss of profit or compensation for damages suffered by third parties, is excluded.
c. The Provider assumes no liability for the violation of intellectual property rights of third parties in relation to the work of the User, as well as the transmission of data and data carriers by the User. The User is responsible for ensuring that all violations of competition law, copyright law, trademark law, data protection law or other legal violations within the framework of the contractual relationship with the provider do not occur. If the Provider becomes aware of such legal violations, the contractual relationship will be terminated immediately. In the event of a legal violation, the User shall hold the Provider harmless from any claims of third parties. The User shall reimburse the Provider for the costs of legal action in the amount of the statutory attorney’s fees in the event that claims are asserted against the Provider by third parties as a result of an infringement.
d. The Provider assumes no liability for unauthorized access to the User’s data. It is the obligation of the User to prevent access to electronic data on his computer by appropriate means.
e. There is no insurance coverage for personal belongings of the User.
f. In principle, the Provider shall not be liable for any damage to the User’s equipment and other personal belongings caused by the use of the provided infrastructure.
g. Users of this contract are both the natural person registered in the user agreement and the registered company, whereby explicitly both parties are jointly and severally liable for outstanding rental payments.

10. Place of jurisdiction, final provisions, written form clause

a. This contract is governed by the law of the Federal Republic of Germany. Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Germering, Germany, provided that the User is a merchant, a legal entity under public law or a special fund under public law.
b. General Terms and Conditions of the user shall not apply, even if their inclusion has not been expressly objected to.
c. If individual provisions of the contract prove to be invalid, the remainder of the contract shall remain valid. The ineffective provision shall be replaced by an effective provision that would best meet the requirements of the Shareholders and the Users as well as the sense and purpose of the contract.
d. Any amendments and supplements to this contract as well as declarations relevant under this contract (e.g. notices of termination, setting of deadlines, contractually required notifications) shall be made in text form. This also applies to an agreement to deviate from this text form requirement. Statutory form requirements (e.g. written form or electronic form as required by law) remain unaffected.