General Contract Conditions for Fiemme Coworking
Responsible: Jessica Neitzel
Tax ID: NTZJSC91E49Z112Q
Location: Via Cesare Battisti 22/24, 38037 Tesero
Preamble
Fiemme Coworking provides premises that are primarily rented to businesses and self-employed individuals to carry out their professional activities in a shared work environment. This rental is temporary and subject to the conditions described below.
Article 1 – Premises
The premises are an integral and essential part of this lease agreement.
Article 2 – Description and Rental Pricing Profiles
FIXDesk
Price: €269 per month (Net, excluding taxes)
Includes: Fixed workplace, unlimited access, use of the meeting room (8 hours per month included, reservation required), fair use of the copier, unlimited high-speed WiFi, 1 coffee/day and tea flat rate, your logo on a sign at the building, your profile on our website, visibility on social media.
Flex Desk – Daypass Package
Prices: €46 for 1 day, €89 for 3 days, €109 for 5 days, €189 for 10 days, €203 for 12 days
Includes: Flexible workplace, access with day pass, use of the meeting room for a fee, unlimited high-speed WiFi, 1 coffee/day and tea flat rate, profile on our website and logo on the sign when booking for at least 10 days.
Evening Rates for Teachers/Coaches/Trainers
Price: €45 per night
Offer: Ideal for freelance teachers or trainers who want to teach a small group in the evening. Use of our conference room for educational purposes.
Article 3 – Rental Price and Payment Terms
Full payment of the rental price for the selected premises is a prerequisite for access and use of the workspaces. The prices are net and subject to additional taxes in accordance with legal provisions. Payments must be made monthly in advance, no later than the fifth business day of the month.
Article 4 – Duration of the Lease
The minimum duration for the FIXDesk is one month. Day passes purchased with the Flex Desk are valid for two months from the purchase date.
Article 5 – Nature of the Contract and Basis of the Contract
It is acknowledged that this contract is a lease contract that pertains to the use of the premises. The contract is not designed as a service contract, even though services such as WiFi access and use of communal areas are provided.
Article 6 – Use of the Rented Premises
Use of the premises is permitted only to registered and paying tenants. The premises may not be used for illegal or inappropriate activities.
Article 7 – Insurance and Liability
The tenant is obligated to insure their equipment and to cover any damages incurred during the use of the premises. Fiemme Coworking assumes no liability for damages or losses that were not caused by the negligence of Fiemme Coworking. The property of the customer is solely the customer’s responsibility.
Article 9 – Dispute Resolution and Applicable Law
In the event of disputes, the court in Bolzano will have jurisdiction. This contract is subject to the laws of the Italian Republic.
Article 10 – Amendments to Terms
Fiemme Coworking reserves the right to change the rental terms at any time. The most current conditions can be viewed on the Fiemme Coworking website and will be communicated additionally in the event of significant changes.
Article 11 – Prohibition of Assignment
The fulfillment of the conditions and services specified in the contract is exclusively reserved for the customer who has concluded the contract. The transfer of the contract or the resulting rights and obligations to third parties is not permitted without prior written consent from Fiemme Coworking.
Article 12 – Contract Termination and Cancellation
Fiemme Coworking may terminate this contract without prior notice and with immediate effect in the event of the following breaches attributable to the customer (Art. 1456 cc):
A. Failure and/or refusal to communicate changes regarding the name, headquarters, and other data information;
B. Engaging in activities that violate laws, regulations, good morals, and public order, or in any case, deviate from those declared, or that could discredit the image of Fiemme Coworking as challenged by the competent authorities;
C. The introduction and unauthorized use of machines, equipment, and devices belonging to them that are connected to service networks;
D. The risk of enforcement action and/or other legal steps against Fiemme Coworking, if it receives payment instructions and/or is exposed to enforcement measures due to facts attributable to the customer;
E. Violation of the transmission prohibition;
F. Delay in payment of the service price by more than 5 working days from the 5th day of each month (except for the first payment at registration according to Art. 3).
G. Declaration of the headquarters and/or business seat and/or in any case the address in the fields covered by this contract.
The customer, for their part, has the right to legally terminate the contract, always in accordance with Art. 1456 of the Civil Code, for the following violations or events attributable to Fiemme Coworking:
A. Unjustified non-provision of the agreed premises;
B. Unjustified refusal to provide the services named in the order of these General Terms and Conditions.
The statement mentioned in the preceding points must be communicated to the non-conforming party, for Fiemme Coworking at the email address ciao@fiemme-coworking.it, for the customer at the email address with which they registered for the service booking.
Art. 11 Disciplinary Measures in Case of Contract Resolution, Termination, or Cancellation.
In the event of dissolution, termination, or ending of the contract, the customer is obligated to clear their workplace of persons, auxiliary goods, or documents that are within their area of responsibility or property. If this is not done in time, Fiemme Coworking is entitled to clear the workplace of goods and items and to charge the customer the associated storage costs. No later than 90 days after termination or dissolution of the contract, the customer loses the right to return the goods with an explicit waiver of any claims against Fiemme Coworking for reimbursement and/or damages.
Article 12 – Disclaimer of Liability
The following disclaimer provisions apply in favor of Fiemme Coworking unless intentional or gross negligence is attributed to them.
A. Notwithstanding the foregoing Art. 6 of this contract, the customer expressly declares that the contract does not involve the custody of goods, equipment, documents, securities, valuables, and otherwise and releases Fiemme Coworking from any liability in case of burglaries, thefts, break-ins, robberies, fires, or other damages with an explicit waiver of claims for damages.
B. Furthermore, Fiemme Coworking is released from any responsibility for possible disruptions, inconveniences, and/or interruptions of services caused by third-party providers and users.
C. The customer releases Fiemme Coworking from any liability for damages incurred by Fiemme Coworking through the return by mail of notifications, including registered letters as well as judicial, tax, legal documents, and all other materials directed to the customer.
D. The customer therefore undertakes to release Fiemme Coworking from any liability of a civil, criminal, administrative, tax nature, and from all other burdens or charges that arise for Fiemme Coworking itself from the activity of the customer or from facts attributable to them and/or their employees, workers, and/or customers.
E. The customer assumes full responsibility for the consequences resulting from the incorrect communication of the headquarters and from the failure to communicate its change.
F. The customer bears full responsibility for all damages caused by themselves or other users of their workspace at the workplace, to the facilities, systems, and services.
G. Finally, the customer releases Fiemme Coworking from any breaches of confidentiality by third parties and thus bears full responsibility for implementing all technical and organizational measures to protect their personal and reserved data.
Art. 13 Resolution of Disputes and Applicable Law.
The parties will submit disputes arising from or in connection with this contract to the decision of the Bolzano Regional Court. For the purposes of all notifications provided for in these General Terms and Conditions, the customer chooses the registered office of Fiemme Coworking where they maintain at least one workplace.
Art. 14 Tax Regulation.
The customer acknowledges that the fees mentioned in this contract are subject to the legal tax provisions and that this contract is not subject to registration.
All costs associated with this contract, including those of a tax nature, are borne by the customer.