1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts for the use of workplaces as well as premises and other services of 1000 SATELLITES.
1.2 Unless expressly agreed otherwise, these GTC shall apply in the version valid at the time of the conclusion of the contract.
1.3 These GTC apply exclusively. Deviating general terms and conditions of third parties shall only become part of the contract if and insofar as 1000 SATELLITES expressly agrees to their validity.
2 Description of the services offered by 1000 SATELLITES
2.1 1000 SATELLITES offers third parties (hereinafter “PARTNERS”) various service packages, the subject matter of which is the provision of workstations in unenclosed open-plan offices as well as the provision of lockable team offices in a coworking space operated by 1000 SATELLITES (hereinafter “COWORKING SPACE”). Thus, the PARTNERS may acquire the right to use premises against payment in the respective contractually agreed scope. The concrete COWORKING SPACE in which the SUPPLIER can use the contractual services of 1000 SATELLITES shall be contractually determined between the parties in each case; if 1000 SATELLITES closes a COWORKING SPACE, SUPPLIERS affected by this shall have a special right of termination.
2.2 1000 SATELLITES shall provide the SUPPLIERS with detailed current service descriptions including the current list of prices of the services offered (hereinafter “SERVICE AND PRICE OVERVIEW”) upon conclusion of the contract. These can also be viewed on the website of 1000 SATELLITES (www.1000satellites.com). All prices are subject to the currently applicable statutory value added tax.
2.3 1000 SATELLITES offers the PARTNERS the possibility to also use coworking spaces of third party providers. In the relationship between 1000 SATELLITES and the PARTNER, this is an additional voluntary service provided by 1000 SATELLITES, which 1000 SATELLITES may adjust or terminate at any time. In this respect, SUPPLIERS shall have no contractual claim to use the service. SUPPLIERS shall observe the terms and conditions of the third-party providers when using the service.
3 Conclusion and execution of the contract
3.1 The contract between 1000 SATELLITES and the SUPPLIER shall be concluded in writing or online via the booking portal of 1000 SATELLITES. An exception is the Day-Pass model, where SUPPLIER can also rent a workstation via a third-party provider.
3.2 After the conclusion of the contract, SUPPLIER shall register the natural person(s) designated by SUPPLIER as USER(s) in the booking portal of 1000 SATELLITES. After their registration and after receipt of the deposit to be paid, USERS may book workstations and other facilities of the COWORKING SPACE online in the booking portal of 1000 SATELLITES, depending on availability.
3.3 The USERS act towards 1000 SATELLITES as legal representatives as well as vicarious agents of the PARTNER who has registered them as users towards 1000 SATELLITES. Therefore, they are particularly entitled to conclude contracts with 1000 SATELLITES in favor of and at the expense of the SUPPLIER.
3.4 In case of requests for the use of other facilities of the COWORKING SPACE, which is not included in the booked service package, the Users, also acting as representatives of the respective PARTNER, shall send an e-mail to the Community Manager / 1000 SATELLITES. 1000 SATELLITES confirms the request if the facility is available and thus makes a time-limited offer, which the user can only accept immediately with effect for the PARTNER.
3.5 There is always a possibility to reserve workstations up to a maximum of two weeks in advance. USERS may reserve workstations and other facilities for a maximum of as many time hours as this is covered by the respective SERVICE PACKAGE.
3.6 The USER shall be given access to the door locking system after receipt of any required deposit in accordance with the selected SERVICE PACKAGE, allowing access to the workstation and meeting rooms during opening hours.
3.7 USER and Community Manager shall prepare a brief handover protocol in the event of a private Team Room being handed over as well as in the event of longer-term (longer than three months) rentals of a workstation to the USER.
3.8 A cost-free withdrawal of the PARTNER from a usage agreement or any other contract for services with 1000 SATELLITES requires the written consent of 1000 SATELLITES. If this is not given, the contractual payments shall be made even if the USER does not make use of the services.
3.9 Cancellations of meeting and event rooms are free of charge up to 14 days in advance, up to 7 days in advance 50% of the fee is charged, less than 7 days in advance 100% of the fee is charged. In the case of additional services that cannot be cancelled, such as catering, PARTNER shall be charged in full.
3.10 Cancellations of workplaces are free of charge up to 3 days before, after that they are counted as taken.
4 Liability of 1000 SATELLITES
4.1 Unless otherwise stated below, 1000 SATELLITES shall be liable for any breach of contractual or non-contractual obligations in accordance with the statutory provisions.
4.2 1000 SATELLITES shall be liable for damages – regardless of the legal grounds – within the scope of fault liability only in case of intent and/or gross negligence.
4.3 In case of simple negligence 1000 SATELLITES is liable, subject to legal limitations of liability (e.g., diligence in own affairs; insignificant breach of duty) only for
4.3.1 for damages resulting from injury to life, body or health,
4.3.2 for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which SUPPLIER regularly relies on and may rely).
In this case, however, the liability of 1000 SATELLITES shall be limited to the compensation of the foreseeable, typically occurring damage.
4.4 The limitations of liability shall also apply to breaches of duty by or in favor of persons whose fault 1000 SATELLITES is responsible for according to legal regulations.
4.5 The limitations of liability shall not apply if 1000 SATELLITES has fraudulently concealed a defect or has given a guarantee for the quality of an item. Furthermore, they shall not apply to claims of the USER or the PARTNER according to the Product Liability Act.
4.6 All exclusions and limitations of liability contained in these General Terms and Conditions shall also apply to SUPPLIER’s vicarious agents.
4.7 1000 SATELLITES shall provide water, heating and electricity from the supply networks of utility companies. In the event of liability of 1000 SATELLITES in the event of service disruptions, SUPPLIER shall not assert any further claims for damages than those to which 1000 SATELLITES is entitled against the respective utility company in accordance with the relevant provisions. SUPPLIER shall immediately notify 1000 SATELLITES of any damage in writing or by e-mail.
4.8 SUPPLIER’s claims for reduction and/or rights of retention may only be asserted if they are based on legally established or undisputed claims. The right of SUPPLIER to reclaim according to § 812 BGB shall remain unaffected.
4.9 SUPPLIER is aware that some areas and workplaces in the COWORKING SPACE have yet to be completed upon conclusion of the contract. Therefore, even after the commencement of the contract, there will be impairments due to finishing work. These are to be accepted, as far as they affect the use of the workplace or the other contractual services only insignificantly.
Claims of SUPPLIER due to the aforementioned impairments shall be excluded.
5 Duties of the PARTNER/USER
5.1 SUPPLIER shall ensure that the USERS designated by SUPPLIER also fulfill the contractually assumed obligations, in particular with regard to the use of the workstations and other facilities of the COWORKING SPACE. SUPPLIER shall be liable in relation to 1000 SATELLITES for any damage incurred by 1000 SATELLITES due to the fact that a USER designated by SUPPLIER violates the contractual obligations.
5.2 SUPPLIER acknowledges that the premises are provided for business/professional use only. Overnight accommodation and use for private purposes are not permitted.
5.3 SUPPLIER shall indemnify 1000 SATELLITES from all claims of third parties against 1000 SATELLITES, which are raised by them due to infringements of rights by SUPPLIER or a USER named by SUPPLIER. This includes in particular claims also arising from infringements under competition law, copyright law and trademark law. The indemnification shall include all costs incurred in connection with alleged claims by third parties.
5.4 SUPPLIER shall be obliged to maintain an appropriate liability insurance for damages caused by USER in a sufficient amount. In addition, if SUPPLIER is a legal entity or operates a business, SUPPLIER shall take out business liability insurance and business interruption insurance at its own expense and maintain them for the duration of use. Evidence of the insurance shall be provided to 1000 SATELLITES upon request.
5.5 SUPPLIER and USER are jointly and severally liable in relation to 1000 SATELLITES for the damages caused by them according to the legal regulations.
5.6 Each SUPPLIER and each USER shall be responsible for its own IT and associated equipment. The USER shall ensure that he uses programs (e.g., anti-virus software) that prevent network damage from occurring. For the equipment provided by 1000 SATELLITES, depending on the USER’s IT, additional software may be required for use (e.g., access software to the printer). In this respect, 1000 SATELLITES shall not assume any warranty or liability for their functionality.
5.7 Each SUPPLIER and each USER shall be responsible for the backup and protection of his data on his equipment and shall apply appropriate backup measures. 1000 SATELLITES has no responsibility or liability in this respect.
5.8 1000 SATELLITES shall be guided by the Occupational Health and Safety Act when equipping the work areas. Each SUPPLIER shall be fully responsible for compliance with the requirements of the Occupational Health and Safety Act and, if necessary, shall conduct its own risk assessment.
5.9 Each SUPPLIER and each USER shall be responsible for the payment of any fees to the GEZ and the GEMA due to their own activities.
6 Internet useage
6.1 If 1000 SATELLITES provides the USER with access to the Internet, the SUPPLIER shall be solely responsible for the USER’s actions while using the Internet and shall be subject to legal restrictions, in particular copyright restrictions, when retrieving, storing, transmitting, distributing and displaying certain contents. SUPPLIER shall ensure that the USER and all persons who use the Internet access provided by 1000 SATELLITES at its instigation are informed of this, to observe the legal provisions and in particular to refrain from illegal copying, dissemination or downloading of material protected by copyright. Should 1000 SATELLITES be held liable by third parties due to a violation of the above provision or legal regulations, SUPPLIER shall indemnify 1000 SATELLITES to this extent.
6.2 The Internet access provided by 1000 SATELLITES is operated by an external provider. Therefore 1000 SATELLITES has no influence on time availability and available bandwidth. Numerical data in the advertising materials only serve as an illustration and in no case represent a binding offer on the part of 1000 SATELLITES.
6.3 SUPPLIER is aware that due to maintenance or technical difficulties temporary unavailability and reduced bandwidth may occur.
6.4 SUPPLIER is aware that the total available bandwidth is limited. In order to allow all users to work properly, the USER shall use the access to the Internet provided by 1000 SATELLITES for business purposes only. Streaming, downloading or uploading of music, movies, live streams, etc. is to be refrained from. Should the business activity of a USER make such streaming, downloading or uploading of such data necessary, the USER shall agree with 1000 SATELLITES in advance on a solution (e.g., booking of a bandwidth reserved for the user) which will enable the other users to work properly with the Internet access.
7 House Rules, Rules of Conduct
7.1 The house rules regulate further behavioral obligations of the PARTNER and the USER and are part of the contract concluded between the parties. 1000 SATELLITES may update the house rules and rules of conduct from time to time. The SUPPLIER shall be notified of any updates.
7.2 USERS shall treat the objects, workplaces and facilities provided to them with care, protect them against misuse by third parties and respect the property of 1000 SATELLITES and other users. Accordingly, USERS are obliged to close doors and windows when leaving the COWORKING SPACE. Uses for illegal or immoral purposes are prohibited.
7.3 USERS must always show the greatest possible consideration for other users and not disturb the working atmosphere. Other users must not be disturbed or even harassed. Telephone calls must always be made at an appropriate volume, acoustic media must be listened to via headphones.
7.4 USERS may not set up or remove any furniture or furnishings, change their position in the room or replace them. USERS shall also not bring non-work-related items into the COWORKING SPACE. Assigned workstations shall be cleaned up on a regular basis. At the latest when vacating the workplace, USERS must have any changes professionally reversed and the original condition of the workplace restored at their own expense.
7.5 Maintenance and repairs as well as structural changes which are expedient for the prevention of danger or for the elimination of damage may be carried out by 1000 SATELLITES after setting a reasonable deadline. The USER shall take this into consideration and perform any necessary acts of cooperation, such as clearing the workplace and providing access to the workplace.
7.6 Bringing pets is only permitted after prior consultation. 1000 SATELLITES may decide on the admissibility of pets in the COWORKING SPACE at its reasonable discretion and may revoke a consent once granted at any time.
7.7 Non-work-related private events of PARTNERS or USERS are prohibited in the COWORKING SPACE.
8 Data Protection
8.1 1000 SATELLITES and the PARTNER shall observe the protection of personal data in accordance with the relevant statutory provisions.
8.2 The entrance area of the COWORKING SPACE is monitored by camera. Likewise, personal data is collected in the locking system. These collections are made in the sense of A 6 para. 1 lit. f DSGVO for the exercise of legitimate interests, such as the exercise of domiciliary rights, the prevention of criminal offences as well as the preservation of evidence in the event of criminal offences.
8.3 For the personal data made available to 1000 SATELLITES or collected by 1000 SATELLITES, the respective statutory retention period shall apply. After expiration of this period, the corresponding data will be deleted, provided that they are no longer required to achieve the purpose, fulfill the contract or initiate the contract.
9 Final Provisions
9.1 1000 SATELLITES expressly reserves the right to make changes or additions to these GTC. SUPPLIER shall be notified immediately of any changes or amendments. If SUPPLIER does not object to changes within 14 days after receipt of the change notification, the changed GTC shall be deemed accepted.
9.2 The place of performance and payment shall be the registered office of 1000 SATELLITES.
9.3 These GTC and the contractual relationship between 1000 SATELLITES and SUPPLIER shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
9.4 If SUPPLIER is a merchant in the sense of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction – including international jurisdiction – for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of 1000 SATELLITES. The same shall apply if SUPPLIER is an entrepreneur as defined by § 14 BGB (German Civil Code). However, 1000 SATELLITES shall also be entitled in all cases to bring an action at the place of performance of the delivery obligation in accordance with these General Terms and Conditions or a prior individual agreement or at the general place of jurisdiction of SUPPLIER. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.
9.5 Should individually provisions of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions.