APPENDIX 1 – GENERAL TERMS AND CONDITIONS FOR THE SALE OF NEXTDOOR/WOJO MEETING ROOMS

 

Art. 1 : Object

Art.1.1 Nextdoor/Wojo spaces

In terms of its activity of company hosting, Nextdoor/ Wojo provides its clients with, in return for payment, a selection of dedicated and mobile offices (“coworking”) with a set of professional and business services, including meeting rooms in which collaborative workshops, meetings, video conferences and training courses may be organised (hereafter called “Spaces”).

Art.1.2 Status of Nextdoor/Wojo spaces

All of the Spaces provided remain under the exclusive control of NEXTDOOR/WOJO who is the sole holder to have the right of use of buildings with Spaces. The Beneficiary declares to be perfectly aware and acknowledge that the Space made available by Nextdoor/Wojo cannot be divided or removed from the building provided by Nextdoor/Wojo for which they hold the right to use as they see fit and the Beneficiary cannot invoke any direct right against the Service Provider.

Art 1.3 Destination

The Beneficiary should occupy the Space calmly and only for the requirements linked to his activity mentioned in the Specific Conditions, excluding all industrial, handcrafted production operations or for any sort of habitation use.

The Beneficiary should not undertake within the Centre, activities that are in competition with Nextdoor/ Wojo activities consisting of implementing office space, meeting rooms and all other associated services.

Art. 2: Description of Services provided

Art 2.1: Meeting rooms

The service provider undertakes to make available to the Beneficiary Meeting rooms or Business Lounges with modern themes and equipment in its different centres which are:

  • Nextdoor Issy Village Centre, 41-43 rue Camille Desmoulins, 92130 Issy-les-Moulineaux
  • Nextdoor Cœur Défense Centre, 110 esplanade du Général de Gaulle 92931 Paris La Défense
  • Nextdoor Gare de Lyon Centre, Tour Mattei 207 rue de Bercy 75012 Paris
  • Nextdoor Neuilly-sur-Seine Centre, 88 - 92, avenue Charles-de-Gaulle 92200 Neuilly-sur-Seine
  • Nextdoor Lyon Part-Dieu Centre, 15 rue des Cuirassiers 69003 Lyon
  • Nextdoor Gare Saint-Lazare Centre, 16-18 rue de Londres 75009 Paris
  • Nextdoor Champs-Elysées Centre, 18 rue Washington 75008 Paris
  • Nextdoor Grand Hôtel Dieu Centre, 4 place Amédée Bonnet, 69002 Lyon

Art 2.2 Scope of services

Only the services mentioned in the Specific Conditions can be requested by the Beneficiary excluding all others. All additional services which are not included in the Contract and for which the Client wishes to benefit will be the object of a new agreement between the Parties.

Art 2.3: Availability of meeting rooms

The Beneficiary is held to verify that the meeting room made available, corresponds to the booked meeting room. In the absence of a complaint at the time the room is made available, no subsequent complaint will be taken into account.

In the case of unavailability of the Space as provided for in the Specific Conditions, the Supplier will search for other Spaces within the Centre which have at least the same characteristics and size as the Space which was initially intended and can be offered to the Beneficiary. Failing this, the Beneficiary can terminate the Contract or the order.

The Beneficiary can, in no case whatsoever, install cables, specific IT equipment apart from a computer, or make a film, without first having written consent of the Service Provider who reserves the right to refuse the installation or to have it carried out by a sub-contractor, according to his own assessment. The same applies for all non-desktop equipment.

On fulfilment of the service at the agreed date and time as mentioned in the Specific Conditions, the Beneficiary should leave the allocated space. If damages to equipment occur due to the Beneficiary’s own fault, the Beneficiary will meet all the necessary repair costs involved.

It the Beneficiary leaves goods or materials in a Centre and does not come back to collect them within an 8(eight) day period after receiving notification, the Supplier shall be able to dispose of them at the Beneficiaries expense, in the manner he sees fit.

Failure to subscribe to Office services, Coworking and Nextdoor/ Wojo Pass, each Beneficiary or identified person will receive a card granting him temporary access. This card is exclusive and is not assignable or transferable. In the case of loss or theft of the card, its replacement will be invoiced to the Beneficiary at the tariff indicated in the Centre’s Tariff Guide.

Art. 3: Booking Confirmation

The Beneficiary confirms his reservation when he books online or must confirm his reservation by the date indicated in the Specific Conditions and return it to the Supplier if this booking is made by Contract. A copy of the Contract, including the Specific Conditions, General Conditions and Internal Regulations, duly dated, initialled on each page and signed by the Beneficiary, endorsed with “signed and agreed” and affixed with the company stamp, should be returned to NEXTDOOR.

On line orders or contractual documents established directly with NEXTDOOR teams must be accompanied with the deposit as referred to in Article 6 of the present General Terms and Conditions which constitute a booking condition. Failure to pay the deposit will mean that the Supplier will not be able to confirm the booking nor guarantee availability of requested spaces.

 

Art. 4 : Booking Modification

Only those requests made in writing and accepted by the Service provider concerning modification or cancellation of a booking will be taken into account.

Any increase in the previously agreed upon Services scope will result in price adjustments. The applicable tariffs will be those in effect on the date of the new reservation.

All modification requests having the effect of reducing the duration or the quality of services will be deemed to be equivalent to a partial or total cancellation of the booking and will be subject to cancellation conditions as mentioned in Article 5 below.

Art. 5: reservation date and order cancellation

The reserved date is expressly stipulated in the Specific Conditions or indicated at the time of ordering on line.

The cancellation of an order less than 48 hours before the agreed reserved date impedes the total cost as indicated in the Specific Conditions.

Art. 6: Payment Terms and penalty fees

The prices for services as well as payment conditions are defined in the Contract’s Specific Conditions or in ordering on line. The prices indicated are firm and definitive on the day of signature of the Contract or the order.

Payment is either carried out by credit card or by bank transfer following the information figuring on the invoice issued by the Service provider.

All orders for sums less than 1.000 euros tax included are to be paid spot on the day of booking. A deposit of 50% is due for all bookings for sums exceeding 1.000 euros tax included and the remaining balance is to be paid at the latest, 15 days before the provision of Services.

Without prejudice to terms under which the contract may be terminated, if necessary, to be implemented by the Service Provider, unpaid due invoices will be subject to interest at the rate equal to three times the legal interest rates and will result in, under the law n°2012-387 of 22 March 2012 and Decree n°2012-1115 of 2 October 2012, a fixed, non-definitive and additional penalty of 40 euros.

In the case of non-compliance with the General Conditions or repeated delays in the payment of sums due, the Service Provider reserves the right to suspend all reductions, promotions or offers initially granted to the Beneficiary and this without notice.

Any claims for all or part of an invoice by a Client should, to be taken into consideration, be sent to the Service Provider within five days of the date of issue. After this deadline, the invoices will be considered as acceptable by the Client. In the event of a claim, the Client undertakes to settle the uncontested invoiced amount.

The Service Provider reduces the impact of its activities on the environment and encourages its clients to adopt the same policy. For this reason, the Service Provider will send all invoices electronically (respecting legal provision) and the Beneficiary will carry out his payments automatically by direct debit, bank transfer or credit card. All sums payable by the Beneficiary under this Contract can, if they weren’t paid in their totality by the Beneficiary on departure from the Centre as defined in the Specific Conditions, can be demanded or collected by other centres in the NEXTDOOR network in which the Beneficiary would otherwise want to formalise.

The Beneficiary will pay a commission if a cheque is returned or any other type of payment is refused for insufficient funds.

 

Art. 7: Parties’ Obligations and responsibilities

The Client must supply without undue delay, all information necessary concerning the event organised in the Space and made available by the Service Provider, particularly, the list of participants, any changes concerning agreed dates and times and all potential risks and/ or damage linked to this event.

The Client will ask for prior written authorisation from the Service Provider for any musical entertainment which he wishes to carry out within the allocated Space. The Service Provider reserves the right to refuse entertainment that would go against NEXTDOOR’s image policy and to interrupt entertainment where the application does not correspond to that which was authorized. The Client will ensure the respect of the requirement for a prior declaration for all musical distribution subject to copyright legislation

The Beneficiary is responsible for all damages caused by him, his colleagues and all other persons in the Centre with his permission or on his invitation, whether it is express or implied, particularly to all partners, agents or other persons present on site in the Centre due to a business relationship with the Partner.

Only those prejudices linked directly to the current Contract could make liable the Service Provider, having clarified that the financial consequences of the Service Provider’s responsibility cannot in any case be superior to the sum paid by the Beneficiary and collected by the Service Provider in the frame of Contract fulfilment.

Art. 8: Insurance

8.1: Beneficiary’s Insurance

The Beneficiary shall provide insurance for all property he brings to the Centre and covering his own liability regarding his employees and third parties.

The Beneficiary is responsible for the equipment he stores in the Centre and the Service Provider cannot be held responsible for theft of any sort.

8.2: Service Provider’s Insurance

The Service Provider holds an insurance policy covering his civil and professional liability and on the Beneficiary’s request, he can supply proof of insurance justifying the coverage of these risks and their amounts. The Service Provider undertakes to maintain up-to-date its insurance policies for as long as a contractual obligation is in place.

8.3: Revocation of proceedings

The building owner, with whom the service Provider is contractually committed in the form of a commercial lease, insures the building as well as all fittings and facilities relating to property which the Centre possesses.

In the context of the agreement between the Service Provider, the building owner and his insurers have waivered all claims against the Service Provider, all the Beneficiaries and their insurers concerning damages suffered in the building.

Consequently, the Beneficiary undertakes to waive all claims against the Service Provider, the building owner, the whole of the other Beneficiaries and their insurers. He also undertakes to obtain the same waiver against claims from his insurance company.

Art. 9: Privacy Policy and personal data

Art. 9.1 – Confidentiality of information

The Beneficiary guarantees to treat as confidential, all information concerning the Service Providers activities and other people’s or legal entity’s with an activity in the Centre of which he could have knowledge during the execution of his Contract. The Beneficiary guarantees to never consult documents stored in the Centre by a third party unless he has been explicitly invited to do so by the owner of the aforesaid documents.

This obligation of confidentiality applies during the whole duration of the Contract and for a period of 2 (two) years once the contract has ended.

Art. 9.2 – Personal Data

Information gathered by NEXTDOOR is subject to IT processing necessary for supplying the subscribed service to the Beneficiary. It is collected, saved, consulted and used to enable access to the platform and Nextdoor centres and to all associated services, as well as – where appropriate – enabling NEXTDOOR and / or partner or affiliate marketing information to be sent.

According to the Law “Informatique et Libertés” n ° 78-17 of 6 January 1978, every collaborator or final user, legal person, for whom the data is processed, has the right to access, rectify, modify and delete this data concerning them, that Nextdoor may process for its requirements concerning its activities. This data is likely to be transmitted to a third party for marketing and sales communications from NEXTDOOR, from affiliated or parent companies or partners.

The collaborator or final user, legal person, concerned by the Contract has the right to access, modify and the case of a legitimate motive, to oppose by sending a letter to NEXTDOOR, Service Adhérents, 3, boulevard Gallieni 92130 ISSY-LES-MOULINEAUX. This right is strictly personal and can only be carried out by the holder justifying his identity. Opposition to the gathering and saving or transferring to third parties including abroad, of personal data, necessary for selling or for contract execution, would lead to, de facto, the impossibility for NEXTDOOR to carry out the requested services

Art. 9.3 – Video surveillance

The Service Provider informs the Beneficiary that the corridors, common areas and the immediate surroundings of the centre are subject to video surveillance and that the Beneficiary’s employees will be filmed for safety and security, which is accepted and agreed upon by the Beneficiary and its employees; These videos are managed in accordance with the rules set forth and especially adopted by the CNIL. The arrangements for exercising rights of access, rectification and opposition, concerning this process are the same as the mentioned above.

The Beneficiary declares and guarantees to inform all third party Beneficiaries – especially his work colleagues and / or eventual guests – of the existence of processing of personal data as mentioned above and with respect to the law 78-17 du 6 janvier 1978 – as well as to satisfy all other obligations laid down by the Code du Travail (Work Law) concerning information-consultation of institutions representing the personnel or works committee and guarantees to keep NEXTDOOR unharmed from any action/claim which might be brought against it. The Beneficiary will not carry out any further processing that is not compatible with the initial data collection purposes carried out by NEXTDOOR and prohibits itself , whatever the condition from to proceed with such processing with having obtained prior express written agreement from NEXTDOOR.

 

Art. 10: Miscellaneous provisions

The General Conditions and Specific Conditions as well as NEXTDOOR’s internal Regulations included in the appendices form an indivisible whole.

In the case of contradiction between one of the article provisions in the General Conditions and the Specific Conditions, the Specific conditions provisions will prevail.

The fact that one of the Parties has not requested the application of a particular clause in the Contract, whether it be permanent or temporary, shall not in any circumstances be considered as a waiver of the rights of that Party arising out of that clause.

If all or part of a Contract stipulation is judged illegal, invalid or unenforceable, the stipulation will apply with the minimum modifications necessary to make it legal, valid and enforceable. The Parties should do all that is in their power to come to an agreement on a new legal, valid and enforceable stipulation, similar in substance in order to replace the illegal, invalid, unenforceable stipulation.

The Beneficiaries will pay their own expenses (logistic, administrative, legal or of any kind) necessary for the implementation, enforcement and of all other issues concerning renewal of this Contract.

 

Art. 11: Jurisdiction

Any litigation which may occur between the Parties during the delivery of the Contract will be taken before the tribunal de commerce de Paris (Paris Commercial Court).

 

Art. 12 : Election of domicile

The Parties elect domicile at their respective addresses for exclusive jurisdiction and full intent and meaning of this and all other acts as indicated in the Specific Conditions.