General Terms and Conditions Amsterdam Workspaces

Amsterdam Workspaces (hereinafter: Amsterdam Workspaces) is registered with the Dutch Chamber of Commerce under number 42143787 and is established at Herengracht 493 (1017 BT), Amsterdam, the Netherlands.

Article 1 – Definitions

In these general terms and conditions, the following terms shall have the following meanings, unless explicitly stated otherwise:
Offer: Any written offer to the Tenant for the provision of services by the Lessor to which these terms and conditions are inseparably linked.
Services: The services offered by the Lessor include the rental of furnished (flex) workspaces and meeting rooms. The Lessor also offers Virtual Office services and additional Services, including a mail scanning service, reception service, business correspondence address and, depending on the scope of the Agreement, a telephone service with a dedicated number. The Services are made available in the form of a package. Depending on the package, the Tenant may use the (flex) workspace and/or meeting room for a specified number of hours.
Rented Premises: Furnished (flex) workspaces and meeting room(s), including the use of the available common areas.
Tenant: The natural person or legal entity acting in the course of a profession or business that enters into an Agreement (including a distance agreement) with the Lessor.
Agreement: The agreement (including a distance agreement) for the rental of the Rented Premises and the provision of additional Services by Amsterdam Workspaces.
Lessor: The provider of the Rented Premises to the Tenant, hereinafter: Amsterdam Workspaces.
Virtual Office: The possibility, subject to certain conditions, for a Tenant to register at the address of the Lessor. The Tenant may also use certain Services offered by the Lessor.
Website: The website of Amsterdam Workspaces through which the Tenant can make a reservation for the use of office space and/or meeting rooms.

Article 2 – Applicability

These general terms and conditions apply to every Offer made by Amsterdam Workspaces and every Agreement between Amsterdam Workspaces and a Tenant.
Before an Agreement (including a distance agreement) is concluded, the Tenant will be provided with these general terms and conditions. If this is not reasonably possible, Amsterdam Workspaces will inform the Tenant how the general terms and conditions can be viewed. They will in any event be published on the website of Amsterdam Workspaces so that the Tenant can easily save them on a durable medium.
Deviation from these general terms and conditions is not permitted. In exceptional situations, deviations are only valid if explicitly agreed in writing with Amsterdam Workspaces.
These general terms and conditions also apply to additional, amended and subsequent agreements with the Tenant.
If one or more provisions of these general terms and conditions are wholly or partially void or annulled, the remaining provisions will remain in force and the void or annulled provision(s) will be replaced by a provision with the same purpose as the original provision.
Any ambiguity regarding the content, interpretation or situations not covered by these general terms and conditions shall be assessed and interpreted in the spirit of these general terms and conditions.
Where these general terms and conditions refer to she/her, this shall also be understood to include he/him/his where applicable.

Article 3 – The Offer

All offers made by Amsterdam Workspaces are non-binding unless expressly stated otherwise in writing. If an Offer is valid for a limited period or subject to specific conditions, this will be expressly stated in the Offer. An Offer only exists once it has been recorded in writing.
The Offer made by Amsterdam Workspaces is non-binding. Amsterdam Workspaces is only bound by the Offer if its acceptance is confirmed in writing by the Tenant within 30 days and/or the Tenant has already paid the amount due. Nevertheless, Amsterdam Workspaces has the right to refuse an Agreement with a prospective Tenant for a justified reason.
The Offer contains an accurate description of the Services and the Rented Premises, including the applicable prices. The description is sufficiently detailed to enable the Tenant to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer do not bind Amsterdam Workspaces. Any images and specific details in the Offer are indicative only and cannot constitute grounds for compensation or termination of the Agreement (including a distance agreement).
Offers do not automatically apply to subsequent assignments.
Delivery times and time periods stated in the Offer of Amsterdam Workspaces are indicative and, if exceeded, do not entitle the Tenant to terminate the Agreement or claim compensation unless expressly agreed otherwise.

Article 4 – Formation of the Agreement

The Agreement is concluded when the Tenant accepts an Offer or Agreement from Amsterdam Workspaces by returning a signed copy (scanned or original), by giving explicit and unambiguous acceptance of the Offer by email, or by paying for the Rented Premises.
An Offer may be made by Amsterdam Workspaces via the website, at the premises of Amsterdam Workspaces or outside the premises of Amsterdam Workspaces.
Amsterdam Workspaces has the right to revoke the signed Agreement within 5 working days after receipt of the acceptance.
If the Tenant has accepted the Offer by entering into an Agreement with Amsterdam Workspaces, Amsterdam Workspaces will confirm the Agreement to the Tenant in writing or by email.
If the acceptance differs from the Offer on minor points, Amsterdam Workspaces is not bound by such differences.
Every Agreement entered into with Amsterdam Workspaces, or project awarded by the Tenant to Amsterdam Workspaces, is entered into with the company and not with any individual person associated with Amsterdam Workspaces.
The Tenant’s right of withdrawal is excluded unless otherwise agreed.
Amsterdam Workspaces is not bound by an Offer if the Tenant could reasonably have expected, understood or should have understood that the Offer contained an obvious mistake or clerical error. The Tenant cannot derive any rights from such a mistake or error.

Article 5 – Duration of the Agreement

The Agreement is entered into for the period stated in the Agreement. After expiry of the period stated in the Agreement, the Agreement will be tacitly renewed for a consecutive period equal to the initial contractual term, unless either party terminates the Agreement in accordance with the applicable termination requirements.
Both the Tenant and Amsterdam Workspaces may terminate the Agreement on the grounds of an attributable failure to comply with the Agreement if the other party has been given written notice of default, has been given a reasonable period to fulfil its obligations and nevertheless fails to comply correctly. This includes the Tenant’s payment and cooperation obligations and situations in which a negative result arises from due diligence under the Dutch Money Laundering and Terrorist Financing (Prevention) Act (Wwft). Amsterdam Workspaces is subject to the Wwft. In this context, Amsterdam Workspaces continuously monitors the client’s registration in the Dutch Chamber of Commerce Trade Register. The client authorises Amsterdam Workspaces to open and inspect correspondence from the Dutch Chamber of Commerce in order to record in its administration any changes to the client’s registration.
Termination of the Agreement does not affect the Tenant’s payment obligations insofar as Amsterdam Workspaces has already performed work or provided services at the time of termination. The Tenant must pay the agreed fee.
The parties may terminate the Agreement in writing subject to a notice period of one calendar month, with termination taking effect at the end of that calendar month.
Amsterdam Workspaces may terminate the Agreement with the Tenant subject to one month’s notice if the lease agreement between Amsterdam Workspaces and the owner of the building in which the workspaces and meeting rooms are located is terminated. A shorter notice period may be applied if agreed by the parties.
If Amsterdam Workspaces changes location, this does not constitute grounds for the Tenant to terminate the Agreement.
Both the Tenant and Amsterdam Workspaces may terminate the Agreement in whole or in part in writing with immediate effect, without further notice of default, if either party is granted a suspension of payments, bankruptcy is applied for or the relevant business ceases through liquidation. In such circumstances, Amsterdam Workspaces is never obliged to refund amounts already received and/or pay compensation.

Article 6 – Registration

To use the Services of Amsterdam Workspaces, the Tenant must register via the Website of Amsterdam Workspaces.
The Tenant may register by completing and submitting the designated electronic form in full.
The Tenant is obliged to complete the registration form fully and truthfully.
Once the Tenant has completed the form, Amsterdam Workspaces will provide login details that the Tenant can use to log in to the Website.
Use and possible misuse of the Tenant’s login details is at the Tenant’s own risk and expense. The Tenant is responsible for keeping the login details confidential.
If the Tenant suspects that the login details have come into the possession of unauthorised persons, the Tenant must inform Amsterdam Workspaces. Amsterdam Workspaces is authorised to take appropriate measures in such a case.

Article 7 – Reservation of Meeting Rooms

The Tenant may reserve a meeting room through the Website.
Amsterdam Workspaces will confirm the reservation by email.
If the Tenant cancels a reservation 24 hours or less before the start time, the reserved hours will be deducted from the Tenant’s available hours.
If reservation through the Website is not possible because it is unavailable, the Tenant may contact Amsterdam Workspaces to make a reservation.

Article 8 – Performance of the Agreement

Amsterdam Workspaces will perform the Agreement to the best of its knowledge and ability.
The Agreement under which Amsterdam Workspaces performs the Services determines the scope and extent of the Services. The Agreement will only be performed for the benefit of the Tenant. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
The information and data provided by the Tenant form the basis for the Services and prices offered by Amsterdam Workspaces. Amsterdam Workspaces has the right to adjust its Services and prices if the information provided proves to be incorrect and/or incomplete. If the Tenant’s company details change, the Tenant must notify Amsterdam Workspaces as soon as possible.
Performance of the Services is based on the information provided by the Tenant. If the information needs to be changed, this may affect any agreed schedule. Amsterdam Workspaces is never liable for adjusting the schedule. If the commencement, progress or completion of the Services is delayed because, for example, the Tenant has not provided all requested information, has not done so on time or in the required format, has provided insufficient cooperation, an agreed advance payment has not been received on time by Amsterdam Workspaces or because of other circumstances attributable to the Tenant, Amsterdam Workspaces is entitled to a reasonable extension of the performance period. All damage and additional costs resulting from such delay are for the account and risk of the Tenant.
If and insofar as proper performance of the Agreement requires this, Amsterdam Workspaces has the right to have certain work carried out by third parties at its discretion.
Before commencing performance of the Agreement, Amsterdam Workspaces may require security from the Tenant in the form of a deposit or advance payment.
Amsterdam Workspaces is not liable for damage of any kind arising because Amsterdam Workspaces relied on incorrect and/or incomplete information provided by the Tenant, unless Amsterdam Workspaces was aware of the inaccuracy or incompleteness.
The Tenant indemnifies Amsterdam Workspaces against claims by third parties who suffer damage in connection with performance of the Agreement and for which the Tenant is responsible.

Article 9 – Virtual Office Services

Amsterdam Workspaces will make the Services available during office opening hours from Monday to Friday, excluding national public holidays. Additional Services may be accessible 24 hours a day where applicable.
Specific arrangements may be made regarding the use of Services outside office hours. All Services will be provided during office hours from 09:00 to 17:30. If Amsterdam Workspaces considers a request for a particular Service to be excessive, it reserves the right to charge additional costs on top of the usual Amsterdam Workspaces rates, based on the time required to provide the Service.
Additional conditions may be imposed for the use of the service facilities.
Amsterdam Workspaces is not liable for delays, loss, damage or incorrect delivery of mail items resulting from acts or omissions of PostNL or other postal and parcel carriers, insofar as these circumstances are outside the control of Amsterdam Workspaces.

Article 10 – Rules of Use and Obligations of the Tenant

Before the start of the Agreement, the Tenant and Amsterdam Workspaces will inspect the Rented Premises. The Tenant agrees that the Rented Premises are in good condition at the start of the Agreement.
The Tenant is obliged to use the Rented Premises properly, personally and in accordance with their intended purpose under the Agreement.
The Tenant is obliged to use the Rented Premises for office purposes. Keeping animals in the Rented Premises is prohibited.
The Tenant only has access to the Rented Premises during office hours (09:00-17:30) from Monday to Friday.
The Tenant has independent responsibility for the management and use of items supplied or delivered by Amsterdam Workspaces.
Subletting is prohibited unless the Tenant has explicit written permission from Amsterdam Workspaces to sublet the Rented Premises to third parties.
In the event of subletting, the Tenant is liable for the third party’s use on the same basis as agreed for the Tenant’s own use under these terms and conditions.
The Tenant is obliged to use the Rented Premises in such a way that no law, local regulation or other government requirement is violated and so that there is no risk that any government permit or exemption will or may be withdrawn. The Tenant must also comply with requirements or regulations imposed by utility companies and any other companies responsible for the supply of gas, water and electricity and/or their transport and/or measurement.
The Tenant is obliged to use the Rented Premises in such a way that neither the Tenant nor the use of the Rented Premises causes nuisance or disturbance in any form to Amsterdam Workspaces, neighbours or the surrounding area.
The Tenant is prohibited from changing the layout or appearance of the Rented Premises (including furniture, office equipment, cables, IT or telecommunications equipment and connections), in whole or in part, or from adding anything without the prior written consent of Amsterdam Workspaces. Amsterdam Workspaces is only obliged to cooperate if the changes are necessary for efficient use of the Rented Premises. Amsterdam Workspaces may attach conditions or obligations to its written consent, including an increase in the rent if the changes and additions reasonably justify this.
Changes and additions made or taken over by the Tenant do not form part of the Rented Premises and must be removed or reversed before or upon termination of the Agreement, unless otherwise agreed by the parties at or after the time written consent was given.
The Tenant is obliged to return the Rented Premises clean at the end of the rental period and in accordance with the Agreement.
The Tenant is not entitled to compensation on the grounds of unjust enrichment of Amsterdam Workspaces or any third party in connection with changes or additions made or taken over by the Tenant that are not removed or reversed at or after termination of the Agreement, unless expressly agreed otherwise in writing.
The Tenant is obliged to provide all information requested by Amsterdam Workspaces, including relevant appendices and related information and data, in a timely manner and/or before the start of the rental period and in the required form, for the proper and efficient performance of the Agreement. Failing this, Amsterdam Workspaces may be unable to fully perform the Agreement. The consequences of such a situation are at all times for the account and risk of the Tenant.
Amsterdam Workspaces is not obliged to verify the accuracy and/or completeness of the information provided to it or to update the Tenant if such information changes over time, nor is Amsterdam Workspaces responsible for the accuracy and completeness of information compiled by Amsterdam Workspaces for third parties and/or provided to third parties in connection with the Agreement.
If necessary for the performance of the Agreement, Amsterdam Workspaces may request additional information. If such information is not provided, Amsterdam Workspaces is entitled to suspend performance of the Agreement until the information has been received, without being obliged to pay any compensation to the Tenant on any grounds. In the event of changed circumstances, the Tenant must notify Amsterdam Workspaces immediately, or at the latest within 3 working days after becoming aware of the change.
The Tenant is not permitted to place advertising signs on the door of the space or anywhere else visible outside or inside the Rented Premises.
The Tenant must insure and keep insured its property, employees and any third parties visiting the Tenant for the duration of the Agreement.
The Tenant must comply with the house rules of Amsterdam Workspaces applicable to the use of the Rented Premises. Amsterdam Workspaces will inform the Tenant how the house rules can be viewed.

Article 11 – Obligations of the Lessor

Amsterdam Workspaces will perform the Agreement to the best of its knowledge and ability and is obliged to make the Rented Premises available to the Tenant insofar as necessary for the agreed use.
Amsterdam Workspaces will provide the Rented Premises in a good state of maintenance and without defects observable by an expert, except insofar as maintenance defects and/or other defects have been stated.
If and insofar as proper performance of the Agreement requires this, Amsterdam Workspaces has the right to have certain work performed by third parties at its discretion.

Article 12 – Maintenance

During the rental period, Amsterdam Workspaces will, at the Tenant’s request, carry out the agreed maintenance and repair work to the Rented Premises.
If defects are identified during maintenance that are for the account of Amsterdam Workspaces, these will be repaired free of charge. If repair is not possible, Amsterdam Workspaces is entitled to replace the Rented Premises or relevant item.
Maintenance and repair work may only be carried out by Amsterdam Workspaces or a third party engaged by Amsterdam Workspaces. The Tenant is at all times responsible for the correct and careful use of the Rented Premises and must refrain from improper or inappropriate use, making changes without the written consent of Amsterdam Workspaces, using the Rented Premises for purposes for which they are not intended, exposing the Rented Premises to abnormal conditions or handling them contrary to the instructions of Amsterdam Workspaces.
The costs of minor day-to-day maintenance are for the account of the Tenant. Minor day-to-day maintenance includes in any event keeping the workspace and/or meeting room(s) clean and ensuring that the office space and its furnishings are not damaged or altered.
Amsterdam Workspaces is not obliged to perform maintenance, repairs or preservation of changes and additions made or taken over by the Tenant.

Article 13 – Keys and Security

All keys are the property of Amsterdam Workspaces. It is prohibited to duplicate them or provide them to third parties without the prior consent of Amsterdam Workspaces.
In the event of loss or theft, Amsterdam Workspaces must be informed immediately. Any resulting costs are for the account of the Tenant.
During use of the Rented Premises, both during and outside regular office opening hours, the Tenant is responsible for properly locking the doors of the office space and the Rented Premises.

Article 14 – Defects

Amsterdam Workspaces warrants that the Rented Premises comply with the Agreement as concluded between the parties.
At the Tenant’s request, Amsterdam Workspaces is obliged to remedy defects unless this is impossible or the costs of remedying the defects cannot reasonably be required of Amsterdam Workspaces.
Any damage and any loss must be reported immediately, and in any event within 24 hours, to Amsterdam Workspaces. If agreed, Amsterdam Workspaces will arrange further handling and/or repair of the damage. The Tenant is obliged to follow the instructions of Amsterdam Workspaces.
The Tenant is liable for the following costs and damage and indemnifies Amsterdam Workspaces against them:
Damage caused by loss of the Rented Premises and/or associated documents;
Damage that, for any reason, is not reimbursed by the Tenant’s insurance company;
Damage caused by careless conduct by the Tenant.
Defects in changes or additions made or taken over by the Tenant, and defects in the Rented Premises or harmful consequences for the Rented Premises, Amsterdam Workspaces or third parties resulting from those changes or additions, are not regarded as defects in the Rented Premises within the meaning of Article 7:204 of the Dutch Civil Code and do not give the Tenant any claim against Amsterdam Workspaces. The Tenant is liable for defects and harmful consequences resulting from those changes or additions and shall indemnify Amsterdam Workspaces against any third-party claims in connection therewith.
Hidden defects are defects that the Tenant did not discover during a thorough inspection of the Rented Premises and could not reasonably have discovered. Such defects must be reported to Amsterdam Workspaces in writing immediately after discovery.

Article 15 – Prices

During the validity period of the Offer, the prices of the offered items will not be increased, except in the event of changes to VAT rates.
The prices stated in the Offer are exclusive of VAT unless otherwise agreed.
The Tenant is obliged to fully reimburse third-party costs incurred by Amsterdam Workspaces after approval by the Tenant, unless expressly agreed otherwise.
The prices stated in the Offer are based on the cost factors applicable at the time the Agreement is concluded, such as import and export duties, freight and unloading costs, insurance and any levies and taxes.
The parties may agree that the Tenant must pay an advance. If an advance has been agreed, the Tenant must pay it before performance of the Services begins.
Amsterdam Workspaces is entitled to increase the applicable prices and rates annually in accordance with applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as expressly laid down in the Agreement.

Article 16 – Payment and Collection Policy

Payment should preferably be made in advance before the following month, in the currency stated on the invoice and via the indicated payment method.
The Tenant cannot derive any rights or expectations from an advance estimate unless the parties have expressly agreed otherwise.
The Tenant must make payment in one instalment to the bank account and using the details communicated by Amsterdam Workspaces. The parties may only agree a different payment term with the explicit written consent of Amsterdam Workspaces.
If a periodic payment obligation has been agreed, Amsterdam Workspaces is entitled to adjust the applicable prices and rates in writing subject to a notice period of at least 3 months after commencement of the Agreement, provided the Tenant has been informed in a timely manner.
In the event of death, bankruptcy, attachment or suspension of payments of the Tenant, the claims of Amsterdam Workspaces against the Tenant become immediately due and payable and the Rented Premises must immediately be returned to the control of Amsterdam Workspaces by the Tenant or its heirs.
Amsterdam Workspaces has the right to apply payments made by the Tenant first towards costs, then towards accrued interest and finally towards the principal and current interest. Amsterdam Workspaces may, without being in default, refuse an offer of payment if the Tenant specifies another order of allocation. Amsterdam Workspaces may refuse full repayment of the principal if accrued and current interest and costs are not also paid.
If the Tenant fails to meet its payment obligation and has not fulfilled that obligation within the applicable 7-day payment term, the Tenant will be in default by operation of law.
From the date the Tenant is in default, Amsterdam Workspaces will, without further notice of default, be entitled to statutory interest from the first day of default until full payment and reimbursement of extrajudicial collection costs in accordance with Article 6:96 of the Dutch Civil Code, calculated according to the scale in the Dutch Extrajudicial Collection Costs Decree of 1 July 2012.
If Amsterdam Workspaces has incurred additional or higher costs that were reasonably necessary, these costs are eligible for reimbursement. Court and enforcement costs are also for the account of the Tenant.

Article 17 – Warranty

Amsterdam Workspaces warrants that the Rented Premises comply with the Agreement, the specifications stated in the Offer, usability and/or soundness and the applicable statutory rules and regulations at the time the Agreement is concluded.

Article 18 – Privacy, Data Processing and Security

Amsterdam Workspaces handles the Tenant’s personal data carefully and will only use such data in accordance with applicable standards. If requested, Amsterdam Workspaces will inform the data subject accordingly. Questions regarding the processing of personal data and requests for further information may be submitted to Amsterdam Workspaces by email.
The Tenant is responsible for the processing of data processed using a Service of Amsterdam Workspaces. The Tenant also warrants that the content of the data is not unlawful and does not infringe any third-party rights. In this context, the Tenant indemnifies Amsterdam Workspaces against any legal claim relating to such data or the performance of the Agreement.
If Amsterdam Workspaces is required under the Agreement to provide information security, such security will comply with the agreed specifications and with a level of security that is not unreasonable, taking into account the state of the art, the sensitivity of the data and the associated costs.

Article 19 – Suspension and Termination

Amsterdam Workspaces is entitled to suspend performance of its obligations or terminate the Agreement if the Tenant fails to meet its payment or other obligations under the Agreement, or does not meet them in full.
Amsterdam Workspaces is also entitled, without judicial intervention, to terminate an existing Agreement with the Tenant insofar as it has not yet been performed if the Tenant fails to fulfil, on time or properly, the obligations arising from any Agreement concluded with Amsterdam Workspaces. In that case, Amsterdam Workspaces is not liable for damage of any kind resulting from suspension of its work.
Amsterdam Workspaces is also entitled to terminate the Agreement without prior notice of default if circumstances arise of such a nature that performance of the Agreement is impossible or can no longer reasonably and fairly be required, or if other circumstances arise of such a nature that continuation of the Agreement unchanged cannot reasonably be expected.
If the Agreement is terminated, the claims of Amsterdam Workspaces against the Tenant become immediately due and payable. If Amsterdam Workspaces suspends performance of its obligations, it retains its rights under the law and the Agreement.
Upon termination of the rental period, the Tenant immediately loses the right to use the Rented Premises.
Amsterdam Workspaces is entitled to reclaim all its property if the Agreement is terminated.
Amsterdam Workspaces always retains the right to claim compensation.
If Amsterdam Workspaces terminates the Agreement on the above grounds, the Tenant must nevertheless comply with the following conditions and obligations:
Payment for any additional Services used;
Payment of the basic amount for the remaining term of the Agreement if immediate termination by Amsterdam Workspaces had not taken place;
Reimbursement of all costs incurred and damage suffered by Amsterdam Workspaces.
At the end of the Agreement, the Tenant must immediately vacate the Rented Premises, taking all its property and persons with it, and make the space available to Amsterdam Workspaces in its original condition, except for wear and tear resulting from normal use.
Amsterdam Workspaces reserves the right to charge additional amounts for any repairs required beyond normal use and wear and tear.
If the Tenant, without the consent of Amsterdam Workspaces, continues to use the Rented Premises in any form after termination of the Agreement, the Tenant is liable for all damage and losses suffered by Amsterdam Workspaces. In that case, the Tenant is obliged to pay the rent and compensation for the Services to Amsterdam Workspaces.

Article 20 – Limitation of Liability

If Amsterdam Workspaces is responsible for an attributable failure, Amsterdam Workspaces is only obliged to pay compensation if the Tenant has given Amsterdam Workspaces written notice of default within 14 days after discovering the failure and Amsterdam Workspaces subsequently fails to remedy the failure within a reasonable period. The notice of default must contain a sufficiently precise description and substantiation of the failure to enable Amsterdam Workspaces to respond adequately.
The Tenant is liable for all damage to the Rented Premises unless the Tenant proves that neither the Tenant nor persons for whom the Tenant is responsible or liable in relation to Amsterdam Workspaces, including its personnel, are at fault with regard to the occurrence of the damage.
Amsterdam Workspaces is not liable for damage resulting from the use of the Rented Premises.
Amsterdam Workspaces is not liable for damage suffered by the Tenant due to the Rented Premises not being made available on time, unless the delay is caused by intent or gross negligence on the part of Amsterdam Workspaces itself.
Amsterdam Workspaces is never liable for improper use of the Rented Premises outside its control during the rental period by the Tenant. The Tenant must use the Rented Premises in accordance with the manuals and instructions provided by Amsterdam Workspaces.
If damage occurs during the rental period, the Tenant must compensate all damage if it is not covered by warranty and/or Amsterdam Workspaces cannot have the damage repaired free of charge.
If the Tenant unlawfully retains the Rented Premises after the end of the Agreement, Amsterdam Workspaces may claim compensation based on the rent for the period during which it is deprived of the Rented Premises.
If performance of the Agreement by Amsterdam Workspaces gives rise to liability, that liability is limited to the total amount invoiced under the Agreement and only in respect of direct damage suffered by the Tenant, unless the damage is the result of intent or fault on the part of Amsterdam Workspaces. Direct damage means reasonable costs incurred to limit or prevent direct damage, determine the cause of the damage, determine the direct damage and liability, and determine the method of repair.
Amsterdam Workspaces is not liable for damage to persons or property of the Tenant or third parties caused by the occurrence and consequences of visible or hidden defects in the Rented Premises, the office space, the building or complex of which the office space forms part, or resulting from weather conditions, disruption of access to the Rented Premises, disruption of the supply of gas, water, electricity, heat, ventilation or air treatment, malfunction of installations and equipment, inflow or outflow of gases or liquids, fire, explosion and other incidents, disruption of the enjoyment of use of the Rented Premises, or disruption or shortcomings in the Services of Amsterdam Workspaces, except in the event of damage resulting from gross negligence or serious negligence by Amsterdam Workspaces regarding the condition of the Rented Premises, the office space or the building or complex of which the office space forms part.
Amsterdam Workspaces is not liable for consequential damage, indirect damage, business interruption losses, loss of profit and/or other losses, missed savings, damage caused by business interruption, financial losses, delay damage, interest losses, immaterial damage or damage resulting from the use of the Rented Premises.
Amsterdam Workspaces is not liable for damage that results or may result from any act or omission based on incomplete and/or incorrect information on the website(s) or linked websites.
Amsterdam Workspaces is not responsible for errors and/or irregularities in the functionality of the website and is not liable for failures or unavailability of the website for any reason.
Amsterdam Workspaces does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of Amsterdam Workspaces, nor their timely receipt.
All claims by the Tenant due to a failure on the part of Amsterdam Workspaces expire if they are not reported to Amsterdam Workspaces in writing and with reasons within one year after the Tenant became aware or could reasonably have become aware of the facts on which the claims are based. In all cases, all claims by the Tenant expire one year after termination of the Agreement.

Article 21 – Confidentiality

Amsterdam Workspaces and the Tenant undertake to maintain confidentiality with respect to all confidential information obtained in connection with the Agreement. Confidentiality arises from the Agreement and must also be assumed where it is reasonable to expect information to be confidential. The confidentiality obligation does not apply if the information is already public or generally known, is not confidential and/or was not disclosed by the Tenant to Amsterdam Workspaces during the Agreement and/or was otherwise obtained by Amsterdam Workspaces.
If Amsterdam Workspaces is required by law or a court order to disclose confidential information to a third party designated by law or the competent court and Amsterdam Workspaces cannot rely on a right of non-disclosure, Amsterdam Workspaces is not obliged to pay compensation and the disclosure does not provide the Tenant with grounds to terminate the Agreement.

Article 22 – Indemnification and Accuracy of Information

The Tenant is responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in any form whatsoever, provided by the Tenant to Amsterdam Workspaces in connection with an Agreement, as well as data obtained from third parties and provided to Amsterdam Workspaces for the performance of the Agreement.
The Tenant indemnifies Amsterdam Workspaces against any liability resulting from failure to comply, or failure to comply on time, with obligations relating to the timely provision of all correct, reliable and complete data, information, documents and/or records.
The Tenant indemnifies Amsterdam Workspaces against all claims by the Tenant, third parties engaged by or working under the Tenant, and customers of the Tenant, based on failure to obtain, or timely obtain, any approvals and/or permissions required in connection with performance of the Agreement.

Article 23 – Force Majeure

Amsterdam Workspaces is not liable if, as a result of force majeure, it is unable to meet its obligations under the Agreement, nor can it be required to meet any obligation if it is prevented from doing so by a circumstance that is not attributable to its fault and is not for its account under the law, a legal act or generally accepted standards.
Force majeure includes, but is not limited to, the circumstances recognised as such under law and case law, including: (i) force majeure affecting suppliers of Amsterdam Workspaces, (ii) improper performance of obligations by suppliers prescribed or recommended to Amsterdam Workspaces by the Tenant, (iii) defects in goods, equipment, software or materials of third parties, (iv) government measures, (v) power outages, (vi) failures of internet, data network and telecommunications facilities, for example due to cybercrime or hacking, (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes within the business of Amsterdam Workspaces and (xi) other situations outside the control of Amsterdam Workspaces that temporarily or permanently prevent performance of its obligations.
Amsterdam Workspaces has the right to invoke force majeure if the circumstance preventing further performance occurs after Amsterdam Workspaces should have performed its obligation.
During the period in which force majeure continues, the parties may suspend their obligations under the Agreement. If this period lasts longer than two months, either party is entitled to terminate the Agreement without any obligation to compensate the other party.
To the extent that Amsterdam Workspaces has already partly fulfilled its obligations under the Agreement at the time force majeure occurs or is able to fulfil them, and the fulfilled or to-be-fulfilled part has independent value, Amsterdam Workspaces is entitled to invoice that part separately. The Tenant is obliged to pay such invoice as if it concerned a separate Agreement.

Article 24 – Complaints

If the Tenant is dissatisfied with the Rented Premises and/or has complaints regarding the Agreement or its performance by Amsterdam Workspaces, the Tenant is obliged to report such complaints as soon as possible, but no later than 14 calendar days after the event giving rise to the complaint. Complaints may be submitted via info@amsterdamworkspaces.nl with the subject line “Complaint”.
The complaint must be sufficiently substantiated and/or explained before Amsterdam Workspaces is obliged to consider it.
Amsterdam Workspaces will respond substantively as soon as possible, but no later than 7 calendar days after receipt of the complaint.
The parties will attempt to reach a solution together.

Article 25 – Applicable Law

Every Agreement between Amsterdam Workspaces and the Tenant is governed by Dutch law.
Amsterdam Workspaces has the right to amend these general terms and conditions and will inform the Tenant accordingly.
In the event of translations of these general terms and conditions, the Dutch version shall prevail.
In the event of interpretation of the content and scope of these general terms and conditions, the Dutch text shall always be decisive. Amsterdam Workspaces has the right to unilaterally amend these general terms and conditions.
All disputes arising from or in connection with the Agreement between Amsterdam Workspaces and the Tenant shall be submitted to the competent court of the District Court of Amsterdam, unless mandatory legal provisions result in the jurisdiction of another court.