1. Purpose
The user declares that the premises will be used exclusively as office space and may not change this designated use. If the user uses the offices specified in Art. II for activities other than those specified in Article I without Officenter's consent, this constitutes a serious breach on the grounds of which Officenter may claim the termination of this agreement before the competent court, plus damages. The space may not serve as a residence or for carrying out activities subject to commercial lease law. The user may only use the provided, move-in ready space for the exercise of its own business activities mentioned in Article I of the agreement. Any changes or expansions of the stated corporate purpose must be submitted in advance to Officenter for approval and be accepted in writing.
2. Use of the space
The user will maintain the provided space and common areas in good condition and use them with due diligence. The user will not conduct any noisy activities, nor any actions likely to cause disturbance to other users in the building or harm the building's reputation in any way. The user may not make any modifications to the premises without Officenter's prior written consent. The user may only display advertising in and around the building in the locations, manner, and under the conditions determined by Officenter. Keeping or bringing dogs or other pets is prohibited.
3. Condition report
Insofar as the provided office contains different and/or more furniture than the furniture standardly provided above under Article II Special Conditions, the parties are free to draw up a condition report at the start and in addition to this agreement, which will form an integral part of this agreement, at the joint expense of both parties.
4. Third parties
The user is expressly prohibited from subleasing the provided space in whole or in part or transferring its rights and obligations under this agreement in whole or in part, without written consent from Officenter.
5. Payment
The fee, increased by the VAT due, is payable by means of the direct debit mandate mentioned above.
In the event of non-payment (or late payment), the user will owe late payment interest of 1% per month on the outstanding invoice amounts from the invoice date following formal notice sent by registered mail.
In the event of default, a flat-rate compensation of 10% of the invoice amount (with a minimum of 75 euros and a maximum of 2,500 euros) is furthermore payable automatically by operation of law and without prior formal notice.
The material costs for each formal notice sent to the user are fixed at a flat rate of 25 euros. In addition, Officenter is entitled to reimbursement of all costs, such as recovery costs and legal fees, as well as lawyer fees and expenses for both extrajudicial and judicial collection actions. These costs are not included in the flat-rate compensation.
If the user fails to pay the fees due for a period of more than seven (7) calendar days, Officenter also has the right, following formal notice, to suspend all services automatically by operation of law and, where applicable, to terminate the agreement immediately pursuant to Article 11.
Any dispute regarding additional invoicing for certain services as stated in Art. II must be made in writing, substantiated, and sent by registered mail within fourteen (14) calendar days of the invoice date, and must state the date and reference numbers of the invoice. If any of these conditions are not met, the dispute will be deemed non-existent and the invoice will be considered definitively accepted.
6. Security deposit
Upon termination of the agreement, the security deposit will be refunded to the user within two months following the expiry of the agreement, subject to any deductions for repair costs or other payments owed by the user to Officenter under this agreement. The security deposit will not accrue interest for the user.
7. Indexation
Contractual fees are indexed based on the evaluation of operating costs for the infrastructure and services of Officenter users. The calculation is based on the increase in individual cost items for Officenter spaces and services, as well as investments and expansions carried out in shared spaces and services. If necessary, our prices are adjusted annually on a pro-rata basis.
8. Insurance
This means that users do not need to take out separate tenant liability insurance for the workspaces / infrastructure they use at Officenter.
On behalf of users, Officenter also insures an actual value of 1,800 euros per workspace for the user's personal contents. These goods are insured under a multi-risk policy covering fire, explosion, water damage, and natural disasters. These goods are not insured against theft and vandalism. If the user's personal contents exceed the amount of 1,800.00 euros per workspace, the user must take out separate contents insurance for this excess.
Furthermore, the user explicitly declares to waive all recourse that it might exercise against Officenter or against other users of the Officenter office and service center in accordance with Art. 1386 and 1721 §2 of the Civil Code. This waiver does not apply in cases of gross negligence or willful misconduct. Officenter will insure, both in its own name and for its own account, and on behalf of and for the account of the user:
This policy must include a waiver of recourse by Officenter, other users, or their insurer (by subrogation) against the user, to be exercised where applicable pursuant to Articles 1302, 1382 to 1386, and 1733 of the Civil Code.
The user and Officenter must prove the existence of said insurance policies by submitting a copy of the signed policies upon entry into force of this agreement. Furthermore, the insurance policies must stipulate that any interruption or reduction in coverage will only be enforceable thirty days after the insurers have notified the party by registered letter.
9. Operating permit
The user must comply with all legal formalities required to conduct its activities. Officenter cannot be held liable if the user is forced to suspend its business operations in whole or in part, or if further special measures must be taken, due to a lack of required permits or facilities.
10. Liability
If circumstances arise in the building that are beyond the control of Officenter, the user cannot claim damages on the grounds of any disruption resulting therefrom, unless a contractual default by Officenter is directly or indirectly the cause of these circumstances.
Officenter is not liable for work and services performed on behalf of the user, whether commissioned or mediated by Officenter. Officenter is only liable for gross negligence, willful misconduct, or fraud committed by itself or its employees in connection with work and services provided to the user. Officenter is not liable for visible or hidden defects in the provided property.
The execution of necessary maintenance and repair works never entitles the user to compensation or a reduction of the agreed fee. If administrative or judicial proceedings are instituted against Officenter due to the user's activity or presence in the provided space, the user undertakes to intervene voluntarily in any dispute brought against Officenter and to fully indemnify Officenter.
11. Duration of the agreement and termination
The agreement is entered into for a fixed term as described in Article III of the Special Conditions. If the agreement is concluded for a period of 12 months, the agreement will not end before the expiry of this period and can then be terminated by the user at any time starting from the 13th month, by registered letter and subject to a 3-month notice period.
If the agreement is not terminated contractually or conventionally, or if the user remains in the office after the agreed term without objection from Officenter, the agreement will be tacitly renewed for an indefinite period under the same conditions, on the understanding that, after renewal, the agreement can be terminated at any time by registered letter with a 3-month notice period.
The notice period takes effect on the first day of the month following the date of dispatch of the registered letter.
Officenter has the right to terminate the agreement immediately by registered letter in the event of default by the user regarding payment of the fee specified in Article IV, failure to comply with other provisions of this agreement, or in the event of bankruptcy, liquidation, obvious insolvency, or change in the legal status of the user.
Upon termination of the agreement, the user will immediately make all necessary changes regarding the postal address and registered office within 30 days of the termination of this agreement. If the registered office is not changed, a fee of 125 euros per month will be charged, without prejudice to the right to compensation for actual damages suffered. Upon termination of this agreement, for whatever reason, the user will vacate the provided space—with the exception of all items belonging to Officenter's furniture pursuant to Article II Special Conditions and a condition report drawn up between the parties at the start of the agreement (Article 3 General Conditions)—and return it to Officenter thoroughly cleaned and in its original condition.
An outgoing inventory of contents and condition report will be drawn up no later than the final day of the agreement, after the space has been vacated by the user: the costs will be shared equally between both parties.
If any of the user's belongings remain in the provided space after the termination of the agreement, Officenter may automatically and without prior notice remove them at the user's risk and expense, or consider them abandoned and acquired.
12. Judicial dissolution
Upon dissolution of the agreement due to default by the user, the user will owe Officenter compensation equal to three times the contractual monthly fee (excluding VAT), plus all costs or expenses arising from the dissolution and without prejudice to amounts owed pursuant to contractual commitments under this agreement.
13. Contractual breaches
Any breach of the provisions of this agreement will be considered an act justifying the dissolution of the agreement at the expense of the defaulting party.
14. Access / security
Officenter is accessible via the main entrance door from Monday 08:00 to Thursday 17:30, and on Friday from 08:00 to 17:00. Outside these hours, an electronic access control system is activated. Each user receives a personalised key for this purpose, for which a deposit is charged. The communal areas in Officenter are equipped with CCTV surveillance. Officenter is equipped with an alarm system. If the user triggers it through improper use of emergency exits or by entering unauthorised alarm-secured areas, a fee will be charged (additional patrol by the security company).
15. Use of communal areas – Fair use policy
Officenter provides users of the office and business centre with a container for paper and cardboard and a container for residual waste. Household waste and plastic can be disposed of in the bins located in the communal kitchens. Users are strictly prohibited from depositing or leaving waste in the centre's communal areas. It is also forbidden to store furniture or movable property belonging to the user in the communal areas. Using sound systems and the like in the allocated spaces in such a way that the sound can be heard outside these spaces is not permitted. Users of Officenter are only permitted to move their movable property on Saturdays or with prior approval from Officenter. Users will ensure that they do not cause any damage to the communal areas during a move, under penalty of compensating for the damage caused upon first request from Officenter. Users are strictly prohibited from leaving used tableware and cutlery in the communal areas other than the communal kitchens. To allow all users access to the facilities and to prevent having to restrict the use of meeting rooms, the following rules apply:
16. IT infrastructure
Users of Officenter are required to use the network infrastructure and telephony provided by Officenter, as well as the equipment. Any additional telecommunications and data communications equipment that the user intends to use must first be submitted to Officenter for approval, in order to safeguard the quality of our IT environment.
17. Maintenance
Officenter handles the maintenance of the provided spaces once a week. If the user requires additional cleaning in the space provided to them, an extra fee will be charged. Once a month, the building's windows are cleaned inside and out. Users are strictly prohibited from hiring their own cleaning staff to maintain offices and windows.
18. Services
Users may drop off outgoing mail requiring franking at reception each day until 16:00 at the latest. Officenter ensures the efficient delivery of incoming faxes (fax to mail), as well as professional discretion regarding their content. Sent faxes and phone calls are invoiced monthly. Officenter provides a professional printing, scanning, and copying unit. A monthly statement of usage will be issued.
19. Jurisdiction
Belgian law applies exclusively, and the Belgian courts have exclusive jurisdiction over all disputes concerning the validity, interpretation, and performance of this agreement. The parties choose to resolve all disputes concerning the validity, interpretation, and performance of this agreement before the Court.
20. Acceptance
The user expressly and unreservedly acknowledges being aware of and accepting all provisions of the present agreement.
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