General Terms and Conditions coworx Marburg

1 General

(1) The following General Terms and Conditions apply to all services provided by coworx Marburg, a project of cleverworx marketing solutions GbR, hereinafter: coworx Marburg, to its users / contractual partners. Terms and conditions of the user that contradict or go beyond these GTC are not valid without the express written confirmation of coworx Marburg.

(2) The offer is aimed at both private customers and entrepreneurs. An entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

2 Description of services

(1) The object of the offers and services of coworx Marburg is the provision of office workstations in the rooms designated as “coworx” at the location Bahnhofstraße 17, 35037 Marburg as well as at other locations, including the use of the Internet access provided via Wlan within the framework of the usage tariffs offered.

In addition, coworx Marburg offers further additional services for a fee. These include, for example:

Offering address usage with mail service
Renting conference rooms
Organizing events
Offering catering services
Renting screens, projectors and moderation cases

(2) Depending on the type of contract / tariff selected, the possibility of use is limited to a certain type of use and / or a certain period of time.

The following tariffs are currently offered:

2.1. XL. ALL INCLUSIVE: Full-month usage authorization at fixed single-desk workstations including unlimited Internet use (W-Lan), roll container, wall cabinet, use of meeting room for 6 people subject to availability, use of fully equipped kitchen, fully automatic coffee machine (fair use), use of address and mailbox during opening hours subject to special conditions regarding conclusion of contract, payment terms and notice period. Details under (12).

2.2 M. ACCESS ALL MONTH: Full-month usage authorization at fixed multi-desk workstations including unlimited Internet use (WiFi), mobile pedestal, wall cabinet, use of meeting room for 6 people subject to availability, use of fully equipped kitchen, fully automatic coffee machine (fair use) during opening hours under special conditions regarding conclusion of contract, payment modalities, possibility of extension to single office option for a fee and notice period. Details under (12).

2.3 M. ACCESS ALL WEEK: All-week usage authorization at fixed multi-desk workstations including unlimited Internet use (WiFi), roll container, wall cabinet, use of meeting room for 6 people subject to availability, use of fully equipped kitchen, fully automatic coffee machine (fair use) during opening hours under special conditions regarding conclusion of contract, payment terms and notice period. Details under (12).

2.4. p. FLEXI MONTH: Full-month usage authorization for flexible/changing multi-desk workstations including unlimited Internet use (WiFi), mobile pedestal, wall cabinet, use of meeting room for 6 people subject to availability, use of fully equipped kitchen, fully automatic coffee machine (fair use) during opening hours under special conditions regarding conclusion of contract, payment terms and notice period. Details under (12).

2.4. p. FLEXI WEEK: All-week usage authorization for flexible/changing multi-desk workstations including unlimited Internet use (WiFi), mobile pedestal, wall cabinet, use of meeting room for 6 people subject to availability, use of fully equipped kitchen, fully automatic coffee machine (fair use) during opening hours under special conditions regarding conclusion of contract, payment terms and notice period. Details under (12).

2.5. 10-DAY TICKET: Subject to availability, 1 day's use of flexible multi-desk workstations, freely selectable daily according to availability, including unlimited internet use (WiFi), fully automatic coffee machine (fair use), special conditions: Meeting room for 6 people 30% discount during opening hours.

2.6 TAGESTICKET: Subject to availability of workstations, 1 day usage authorization at flexible multi-desk workstations, freely selectable daily according to availability, including unlimited Internet use (W-Lan), fully automatic coffee machine (fair use), special conditions: Meeting room for 6 people 30% discount, possibility to extend to single office option for a fee during opening hours.

2.7 MEETING ROOM: daily or hourly use of the meeting room including unlimited internet use (Wi-Fi), 6 seats, 47” monitor/TV, AppleTV, conference phone, webcam, whiteboard during opening hours.

(3) The following extras can be optionally booked at the rates listed under (2) - subject to availability: Beverage package month, Beverage package meeting room, Moderation case meeting room, Catering meeting room, 24/7 access

(4) The office workstations are equipped with: Table, chair, lamp, wastebasket, electricity and WLAN.

(5) The user has checked the equipment in detail before the start of the contractual relationship and acknowledged its functionality.

(6) The workstations may only be used for the designated operation and purpose. Any change to the operation requires the express written consent of coworx Marburg. A breach of this provision entitles coworx Marburg to terminate the contract without notice.

(7) The workstations of the coworking flexi and daily ticket tariffs must be completely vacated by the user at the end of each day of use.

(8) The internet access provided by coworx Marburg is operated by external providers. coworx Marburg therefore has no influence on time availability and available bandwidths. The user is aware that temporary unavailability and reduced bandwidths may occur due to maintenance work or technical difficulties. Internet access may only be used by the user for business purposes.

(9) coworx Marburg excludes competition or product range protection of the user.

(10) The user must ensure that coworx Marburg's workstations are not used for illegal, immoral or otherwise ethically and morally reprehensible transactions. This prohibition also includes the unauthorized downloading, copying or distribution of copyrighted or prohibited materials.

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3 Conditions of access and rules of conduct

(1) Access to the coworx Marburg premises is possible for users during the general opening hours. The current opening hours are specified on the website at https://coworx-marburg.de and are generally Monday to Friday from 09:00 to 18:00. Exceptions to this are public holidays or company vacations. Deviations from this can be agreed.

(2) Users who have booked the extra “24/7 access” described under § 3 will receive a personal key and will always have access to coworx Marburg with this key. The loss of the key must be reported immediately and the user is liable for any damage resulting from the loss as well as the replacement of the locking system. Culpable default of payment by a user entitles coworx Marburg to deny access until the arrears have been settled.

(3) The user may only use the coworking workstations himself or through previously specified authorized users. The number of authorized users is limited to the number of workstations booked by the User. The user must register additional authorized users. This additional user authorization shall be charged separately.</p

(4) The user may receive guests/customers at coworx Marburg for professional purposes. Guests may only stay at coworx Marburg when accompanied by the authorized user. coworx Marburg is entitled to refuse access to guests if there is an important reason in the person of the guest or if the reception of guests is unreasonable.

4 Conclusion of contract

(1) By booking the selected service in writing or online, the user submits a binding offer to conclude a contract. The contract is concluded upon acceptance of the offer by coworx Marburg, which can be made verbally, in writing or by e-mail within a 3-day period from receipt of the booking.</li
(2) By concluding the contract, the user accepts the General Terms and Conditions of coworx Marburg. It is possible to print these out when or before concluding the contract.</li
(3) The User is not entitled to conclude a contract. coworx Marburg is free to reject any offer from a user to conclude a contract without giving reasons.</li
(4) By concluding a contract, the user warrants that the data provided is complete and truthful. The user undertakes to notify us immediately of any changes to their personal data.</li
(5) Unless otherwise agreed, the start of the contract is not bound to the beginning of a month.</li
(6) The notice period shall be four, eight or 12 weeks to the end of the contract month, depending on the product selected, unless the contract concluded provides otherwise.
(7) As these are rolling contracts, the last day of the month shall be the day that numerically precedes the day that corresponds to the day on which the contract was concluded.</li

5 Rates, terms of payment, deposit, cancellation costs

(1) The specified usage tariffs refer only to the specified services. Additional services are to be paid for separately. The separately stated rates / prices of coworx Marburg shall apply in each case.</li
(2) The user shall receive an invoice or a usage agreement from coworx Marburg as a standing invoice for monthly usage.
(3) Payment is due immediately upon conclusion of the contract, unless otherwise agreed in writing. If payment is to be made monthly, it shall be due on the first day of each month. As these are rolling contracts, the first day of the month is the day that corresponds numerically to the day on which the contract is concluded. The date of receipt of payment is decisive. If the due date of the payment is determined by the calendar, the user is already in default by missing the first deadline. In this case, he must pay coworx Marburg default interest at the legally standardized interest rate. The obligation to pay default interest does not exclude the assertion of further damages caused by default.</li
(4) The user of coworx Marburg's services can issue a SEPA basic mandate. The direct debit will be collected one day after the invoice date. The period for pre-notification is shortened to one day. The buyer assures to ensure that the account is covered. Costs incurred due to non-payment or chargeback of the direct debit shall be borne by the Buyer, as long as the non-payment or chargeback was not caused by coworx Marburg.
(5) In the case of exceptionally limited contracts and 10-tickets, payment must be made in full before the start of the contract.</li
(6) In the event of a cancellation of use, the following cancellation costs shall be incurred in relation to the booking rate: more than 48 hours before the booking date: no costs, at least 48 hours before the booking date and time: 25%, at least 24 hours before the booking date and time: 50%, in the event of cancellation less than 24 hours before the booking date and time or non-utilization without cancellation (no-show): 100% of the set or agreed price.

6 Data protection

coworx Marburg will observe the regulations on data protection in accordance with the Federal Data Protection Act (BDSG new) and the General Data Protection Regulation (GDPR).

7 Terminations

(1) Both parties can terminate the contractual relationship within the contractually stipulated period without giving reasons. The right to premature termination for good cause remains unaffected for both parties and for all cases. All terminations must be made in writing.</p

(2) coworx Marburg may terminate the contractual relationship with immediate effect without observing a notice period if there is a reason for extraordinary termination. This is the case if the user is twice in arrears with his payment obligations or otherwise culpably violates his contractual obligations. Furthermore, if the basis for the user relationship with the user ceases to exist (termination of the main tenancy).

8 Performance of the contract

(1) Within the scope of the single-desk tariff, the user is entitled to set up his own smaller furnishings, in particular furniture and technical peripherals in the rooms after consultation with coworx Marburg. If the single-desk rates are used in the user's own assigned rooms, the work areas can be freely arranged, provided this is done in consultation with the other users in the respective room. The technical peripherals can also be freely selected, provided that they do not disturb other users in the building and do not cause any power consumption in excess of normal office equipment. Drilling holes in walls is prohibited.</li
(2) The user of the XL All Inclusive rate is obliged to make his workplace available to coworx Marburg for event purposes in exceptional cases. The event must be announced to the client in advance within a reasonable period of time (at least 5 days in advance). The provision shall take place in direct consultation between the user and coworx Marburg.</li
(3) The user is aware that coworx Marburg is closed annually between December 24th and January 1st and in exceptional cases during bridge days. This does not apply to the 24/7 authorized user. There is no entitlement to a pro rata refund of the usage fee.</li
(4) Subletting to third parties is excluded, unless otherwise stipulated in the individual contract.</li
(5) (Technical) changes to the workstations that do not interfere with the building fabric, conversions and installations, changes to the sanitary and lighting systems are only permitted after written approval by coworx Marburg by the user at the user's expense. At the request of coworx Marburg, the user is obliged to restore the workspace to its original condition at the latest upon return. The user has no claim for compensation - not even if coworx Marburg waives the restoration of the original condition. In the event that coworx Marburg agrees to the modification of the workstation, any necessary official approvals of any kind must be obtained by the user. Any resulting costs shall be borne by the User.</li
(6) coworx Marburg may carry out repairs, repairs and structural alterations that are expedient for the maintenance and expansion of the building or the workplace or for the prevention of dangers or the elimination of damage, after setting a reasonable deadline, in consultation with the User. In the event of imminent danger, no consent of the user and no deadline need be set. In this case, the user is obliged to keep his workplace accessible at all times and to clear it immediately if necessary. All resulting costs shall be borne by the user (replacement costs, damage caused by delay). The user may not reduce the usage fee due to appropriate work. Claims for damages are excluded, unless the use of the workstations is hindered or excluded for a disproportionately long time.</li
(7) coworx Marburg shall provide the User with technical equipment (monitors, TV, Apple TV, conference phone, etc.) and other furnishings in perfect condition. The technical equipment and other furnishings must be handled with care. Any misuse is prohibited. Any damage will be charged to the user responsible for it.</li

9 Usage behavior on the Internet

(1) The User undertakes to respect and comply with all applicable local, national and, if applicable, international laws and guidelines; in particular to comply with German laws, including in data traffic via coworx Marburg, and to report any violations of the law to coworx Marburg. The user alone is responsible for all his actions and omissions in the context of Internet use.</li
(2) The user is subject to legal restrictions when retrieving, storing, transmitting, distributing and displaying certain content. These include, in particular, copyright restrictions. Copying, distributing or downloading copyrighted music or films is strictly prohibited. In the event of a culpable breach of this obligation that results in damage to coworx Marburg, the user must compensate coworx Marburg for this damage. In this case, coworx Marburg also reserves the right to terminate the contract without notice.</li

10 Warranty and liability

(1) The User has inspected the workstations in detail before concluding the contract. He has taken note of the fact that the workstations are located in an open-plan office and that the rented workstations cannot be locked separately (exception: the separate office units). He waives any claims in accordance with §§ 536, 536 a BGB due to the condition of which he is aware. There are no claims for reduction in this respect. coworx Marburg does not assume any warranty towards the user for the condition of the respective workplace upon handover and for the duration of use. The user acknowledges that the respective workstation used by him, including all furnishings, is in a contractual condition before the start of use.</li
(2) The user is aware that modernization and repair work may be carried out on the premises. The user hereby declares that he will tolerate this work and assures that he will not derive any reduction rights or claims for damages from any short-term impairments to the workplace, unless coworx Marburg has caused these intentionally or through gross negligence.
(3) In all cases in which coworx Marburg is obliged to pay damages or reimbursement of expenses in the course of business on the basis of contractual or statutory claims, coworx Marburg shall only be liable insofar as it, its executive employees or vicarious agents are guilty of intent, gross negligence or injury to life, limb or health. This does not affect liability for culpable breach of essential contractual obligations and guarantees. In this respect, however, liability is limited to the foreseeable damage typical of the contract. Liability for consequential damages, in particular for loss of profit or compensation for third party damages, is excluded, unless coworx Marburg is guilty of intent or gross negligence.
(4) The user of coworx Marburg is aware that in exceptional cases workstations may be overbooked and that there is no entitlement to a free workstation at a specific time during the opening hours of coworx Marburg.
(5) coworx Marburg accepts no liability for the infringement of third-party property rights in relation to the work of the User or 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 law or other legal violations within the scope of the contractual relationship with coworx Marburg are avoided. If coworx Marburg becomes aware of such legal violations, the contractual relationship will be terminated immediately. In the event of a violation of the law, the user shall indemnify coworx Marburg against any third-party claims. The user shall reimburse coworx Marburg for the costs of legal action in the amount of the statutory lawyer's fees in the event that coworx Marburg is held liable by third parties as a result of an infringement.</li

11 Termination of the user relationship

(1) The User must treat the items with care and return them to coworx Marburg after the end of use in a contractually compliant, defect-free and usable condition, cleaned. Damage to this or lost furnishings must be reimbursed to coworx Marburg in full.</li
(2) The user must return all keys to coworx Marburg, including those procured by him/herself. If the User does not fulfill this obligation or does not do so in a timely manner, coworx Marburg may open and clean the workstations. Items left behind can be stored by coworx Marburg at the user's expense if they are not removed despite a request to do so. Equipment, facilities and accessories must be returned in a usable condition.</li
(3) If the user does not return the workstation on time, he/she is liable to coworx Marburg for all damages caused by the late return, even if these exceed the amount of the loss of use fee.

12 Coworking rate

(1) The current daily rates for the various usage options can be found on the online presence www.coworx-marburg.de, or can be requested by email or telephone.

- The tariffs Day Ticket, M. Access All Week, M Access All Month and XL. All Inclusive can optionally be used as a single office. The prices for this option are listed under the respective item.
- The fees are due at the latest on the first day of the selected billing period
(2) The monthly fee for an optionally bookable 24/7 access is due in advance on the first day of the respective booked service period for the entire duration of the booked service period.
(3) All prices are exclusive of the applicable statutory VAT, unless these are expressly stated as gross prices.</li
(4) Should a tariff booked by the user exceptionally not be able to be realized, coworx Marburg reserves the right to offer another available usage option in coordination with the user. The calculation will be adjusted to the actual usage option. The user also has the option of withdrawing from the agreement free of charge. Claims for compensation by the user against coworx Marburg are excluded in this case.</li

13 Mailbox and use as business address

The User may use the coworx address as a c/o business address during the term of the contract if booked separately as part of the mailbox service. The service does not entitle the user to be entered in public directories, trade or commercial registers, unless the address is designated exclusively as a postal address or as a dependent branch office and the company's head office is identified as such.
From a contract term of 12 months, the Mailbox company headquarters service can be booked. The service authorizes the use of the address in normal business transactions and in the imprint of a website. It can be used as the sole business address and all associated registrations and entries are permitted. Copies of the identity card of the management with the residential address must be submitted for this service at the request of coworx Marburg.
By booking the mailbox service, mail items are accepted by coworx Marburg. The user grants coworx Marburg written authorization to receive mail for this purpose. Mail acceptance includes all letters and postcards of the daily mail including small packages and parcels up to 5 kg. Bulky goods and oversized items are excluded from acceptance. coworx Marburg is not obliged to accept registered mail or orders or advance payment services for the user.
The user is obliged to collect the shipments addressed to him/her immediately. coworx Marburg reserves the right to charge a storage fee from the third working day onwards.</li
After a maximum storage period of 60 days, uncollected shipments will be forwarded to the known address at the user's expense, returned to the sender or, if these options are not available, disposed of.
The optional booking of a mail and address service can only be made together with a Coworking monthly package booking. The right of use ends automatically when the associated coworking package rate ends. A refund of fees for booked but unused periods is excluded.</li

14 Final provisions

(1) General terms and conditions of the user shall not apply, even if their inclusion has not been expressly objected to.</li
(2) coworx Marburg reserves the right to amend these GTC at any time without stating reasons, unless this is unreasonable for the user. Coworx Marburg will notify users of changes to the GTC in good time. If the user does not object within 2 weeks of notification, the amended GTC shall be deemed to have been accepted by the user.</li
(3) The law of the Federal Republic of Germany shall apply.</li
(4) The place of jurisdiction is the registered office of coworx Marburg in Marburg.</li
(5) Should individual provisions be invalid in whole or in part, or lose their legal validity at a later date, this shall not affect the validity of the remaining terms and conditions. In this case, the parties undertake to agree an effective provision in place of the invalid provision which, as far as legally possible, comes closest to the interests of the parties expressed in these terms and conditions. The same applies in the event that any additions become necessary.</li
Status of the GTC: Marburg, September 2023