GENERAL TERMS OF PROVISION OF CO-WORKING SERVICES

1. General Provisions

1.1. This Agreement is a public offer within the meaning of Articles 633, 634, 641, 642 of the Civil Code of Ukraine. The terms of this Agreement are the same for all Residents.

1.2. Acceptance of the Offer shall be the performance by the Resident of actions confirming their consent: signing the Accession Agreement to the Public Offer, signing the Premises Handover and Acceptance Act (Appendix No. 1), and payment for the services.

1.3. The information set out in the Accession Agreement to the Public Offer forms an integral part of this Agreement.

1.4. This Agreement defines the procedure for using the premises and infrastructure of the Technopark, the terms of payment, reporting and the liability of the Parties.

1.5. The Standards and Rules of the Technopark (hereinafter – the “Rules”), published on the website portal.crystal.vn.ua (hereinafter – the “Portal”), are an integral part of this Agreement. Acceptance of the Offer means the Resident’s consent to the Rules.

1.6. This Public Offer Agreement is posted on the website at crystal.vn.ua (hereinafter – the “Website”).

 

2. Subject of the Agreement
2.1. The Technopark provides the Resident with a residency service, which includes:

• providing an office premises (office) for use;

• the possibility to use the infrastructure of the Technopark (event halls, meeting rooms, Internet, parking, laboratory and other services in accordance with the Rules);

• organisational and information support.

2.2. Before starting to use the services, the Resident shall provide the Administration with a list of users of the Space and promptly inform it of any changes. These users shall hereinafter be deemed Residents. The Administration has the right to restrict access to persons who are not included in the list, or who violate the terms of this Agreement and the Rules and Standards of the Technopark.

2.3. The Resident undertakes to pay for the services, and to reimburse utility and operating costs within 5 days from the date of invoicing.

2.4. The Resident undertakes to comply with the Standards and Rules of the Technopark, which are described on the Website.

2.5. The Resident shall provide monthly reports on: the number of individual entrepreneur Residents and legal entity Residents, the number of employees, the amount of tax revenues, the events held and the number of participants. The reports are used exclusively for statistical purposes.

2.6. The Resident has no right to conduct commercial activities that do not comply with the Rules, in the premises and on the territory of the Technopark, without the prior written consent of the Administration.

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Rights and Obligations of the Parties
3.1. The Administration shall:

• transfer the premises for the Resident’s use on the basis of a Handover and Acceptance Act (Appendix No. 1);

• ensure the proper quality of services and conditions;

• inform Residents about the costs of Operation and Utilities of the Technopark;

• notify about changes in tariffs and conditions at least 30 days in advance.

3.2. The Administration has the right to:

• monitor the Resident’s compliance with the Rules;

• restrict access in case of violations of the Rules and the terms of the Agreement;

• amend the tariffs and the Rules with prior notice to the Resident 30 calendar days in advance;

• carry out video surveillance on the territory of the Space.

3.3. The Resident shall:

• pay for residency services within the time limits specified in the Agreement;

• reimburse operating and utility costs as specified in the Agreement;

• arrange other services selected by the Resident in the Accession Agreement;

• sign the Handover and Acceptance Act for the premises, equipment and furniture of the Technopark;

• comply with the Standards and Rules of the Technopark posted on the Portal;

• treat the property and premises of the Technopark with care, and in case of damage caused through its own fault, compensate the losses;

• provide quarterly reports on activities carried out on the territory of the Space.

3.4. The Resident has the right to:

• use the premises and property of the Technopark within the limits of the Agreement and the Rules;

• participate in the programs and events of the Technopark;

• receive support and access to the infrastructure of the Technopark;

• use additional services of the Technopark;

• inform the Administration about any deterioration in the conditions of service provision, as well as about opportunities to improve them within the current tariffs;

• with the consent of the Administration and at its own expense, arrange and improve the allocated location, without worsening the initial conditions.

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Cost and Payment Procedure

4.1. The cost of residency services is determined and specified in the Accession Agreement to the Public Offer and may be changed by the Administration in the manner stipulated by the terms of the Public Offer.

4.2. Payment shall be made from the 1st to the 5th day of each month on the basis of the issued invoice, within 5 days.

4.3. The costs of utility and operating services are reimbursed by the Resident separately and shall be paid within 5 (five) calendar days from the date of invoicing.

4.4. All payments shall be made in a cashless form.

 

Transfer of Premises and Property
5.1. The transfer of the premises and furniture for the Resident’s use is formalised by a Handover and Acceptance Act (Appendix No. 1) to the Accession Agreement.

5.2. From the moment of signing the Act (clause 5.1 of this Agreement) the Resident is responsible for the safekeeping of the premises and property. Defects of the premises/property shall be indicated in the Act, and the Resident shall not be liable for them, but shall have the right, at its own expense, to eliminate them.

5.3. The premises shall be returned in a condition not worse than the initial one, taking into account depreciation, which is described in the Standards and Rules (Section 10, clause 10.1).

 

Liability of the Parties
6.1. In case of breach of their obligations under this Agreement, the Parties shall bear liability as determined by this Agreement and the applicable legislation. A breach of obligation is its non-performance or performance in violation of the terms determined by the content of the obligations.

6.2. In case of delay in payments for more than 10 calendar days or a material breach by the Resident of the Standards and Rules of using the Space, the Administration has the right to restrict access to the premises of the Technopark and/or terminate the Agreement unilaterally, notifying the Resident of its intentions at least 5 (five) calendar days in advance. In such a case, the Resident shall, within this period, vacate the premises, repay the existing debt, and compensate for the damages and expenses related to eviction.

6.3. In the event of termination of the Agreement in accordance with clause 6.2 of this Agreement, the Administration is not liable for the safekeeping of the Resident’s property and belongings remaining in the building of the Technopark.

6.4. For damage to the property of the Technopark and/or other residents caused by the actions of the Resident’s employees or guests, the Resident undertakes to compensate the damage in full in accordance with the applicable legislation of Ukraine.

6.5. The Administration is not liable for loss or damage to the Resident’s property in common areas, nor in locations where the Resident has violated safety Rules or where the loss occurred not through the fault of the Administration.

6.6. If the Administration fails to provide services for more than 10 consecutive days through its own fault, the Resident may demand a reduction in cost or terminate the Agreement with refund of funds for the days when the services of the Technopark were not provided, subject to confirmation of the fact that the services were not provided through the fault of the Administration.

 

Term and Termination
7.1. The Agreement is valid from the moment of acceptance (signing by the Parties) of the Accession Agreement and until its termination by the Parties.

7.2. Each of the Parties may terminate the Agreement by giving 30 calendar days’ notice.

7.3. The Technopark may terminate the Agreement early in case of a gross violation of the terms of the Agreement and the Rules by the Resident. Upon termination, a final settlement shall be made within 5 (five) calendar days. Overpaid funds shall be returned to the Resident.

7.4. The Administration notifies the Resident of suspension by email to the contact email address specified in the Accession Agreement. The notice shall contain: the grounds, a description of the violation, the actions required to remedy it and the time limit for remedying it.

7.5. If within the period specified in the notice the violation is not remedied or is repeated within 6 months, the Administration has the right to terminate the Agreement unilaterally by sending a written notice to the Resident.

7.6. In case of suspension or termination of the Agreement, the Resident shall, within 3 (three) business days, agree with the Administration on the date and time of access to remove its property. Access is provided on business days in the period 09:00–18:00 or at another agreed time.

7.7. The return of the workplace/office is formalised by Premises and Property Handover and Acceptance Act No. 2, signed by the Parties. The Resident shall vacate the premises, remove its belongings and restore the premises to proper condition. Improvements and installations made without the written consent of the Administration shall be dismantled at the Resident’s expense.

7.8. If the property is not removed within the prescribed period, a Description-Inventory of the Resident’s property (list, quantity, condition) shall be drawn up. The Inventory Act is signed by the representative of the Administration and, where possible, by the representative of the Resident. The Resident’s unremoved items are accepted for safe custody for a period of up to 30 (thirty) calendar days from the date of termination or expiry of the term. The property shall be stored in a warehouse.

7.9. If during the storage period the Resident does not claim the property and/or does not pay the debt/expenses, the Administration has the right to acquire ownership of the property (except documents and obviously personal items) to cover the debt and expenses. Documents, data carriers and items containing personal information shall be destroyed according to a secure procedure.

 

Force Majeure
8.1. The Parties are released from liability for partial or complete non-performance of obligations under this Agreement if it is caused by force majeure circumstances.

8.2. The Party that cannot perform its obligations due to force majeure shall notify the other Party thereof in the manner stipulated by the Agreement within 5 (five) business days from the moment such circumstances arise.

8.3. The term for performance of obligations is postponed for the duration of the force majeure circumstances, but not longer than the period of their actual existence.

 

Refund Policy
9.1. Refunds are possible in cases where the service was not provided, or the client refuses the service in accordance with the conditions for cancellation of booking.

9.2. Refunds are not made in the following cases:

• The service was provided in full.

• The client violated the rules of using the coworking space, which led to termination of access to the services.

• The booking was cancelled by the client later than the specified deadline (see Section 6).

9.3. To obtain a refund, the client must submit a written application by email to the coworking space or contact the Administration in person. The application must contain:

• Surname, first name, patronymic.

• Order or booking number.

• Reason for the refund.

9.4. Upon receipt of a refund application, the Administration shall review the request and make a decision regarding the refund within 5 business days.

9.5. Refund term: Refunds shall be made within 10 business days from the date of confirmation of the refund.

9.6. Refund method: Funds are returned in the same way as the payment was made.

9.7. If the transaction was erroneous or the client decided to cancel the order before the service was provided, the transaction may be cancelled upon written request to the coworking Administration. The transaction may be cancelled within 24 hours from the time of payment, provided that the service has not yet been provided.

9.8. In the event of force majeure (war, natural disasters, man-made disasters, etc.), the coworking Administration may decide to postpone or cancel the services provided with full or partial refund of funds.

 

Final Provisions
10.1. The Agreement is a public offer and does not require signing.

10.2. The only Appendix to the Agreement is the Handover and Acceptance Act.

10.3. The Standards and Rules for using the Technopark are posted in open access on the official Website and Portal and are mandatory for the Resident to read and comply with.

10.4. All notices and documents may be sent by email to info@ume.place and shall have legal force.

10.5. All legal relations arising in connection with the performance of the terms of this Agreement and not regulated by it shall be governed by the norms of the applicable legislation of Ukraine.

10.6. The Administration has the right to amend the terms of this Offer, the Tariffs and the Appendices by publishing a new version on the official website: https://crystal.vn.ua (with an archive of previous versions and the date of entry into force).

10.6.1. Unless otherwise expressly stated in the publication, the amendments shall enter into force 30 (thirty) calendar days from the date of their posting on the website.

10.6.2. The Administration additionally informs the Resident about the changes by posting a notice in the Personal Account and/or by email to the Resident’s contact email (if available).

10.6.3. Before the date of entry into force of the changes, the Resident has the right to refuse the Agreement by notifying the Administration in writing or by email at info@ume.place. In such a case, the Agreement shall terminate as of the effective date of the changes, without penalties, with mutual settlements for the actually provided Services.

10.6.4. Continued use of the Services after the date of entry into force of the changes and/or making payments under this Agreement shall be deemed acceptance of the new version of the Offer and the Tariffs.

10.6.5. Changes caused by legislative requirements, safety, correction of obvious typos/technical errors, as well as changes that do not worsen the Resident’s position, may take effect immediately upon publication.

10.6.6. Material changes shall mean changes affecting the price, scope, terms or material restrictions on the use of the Space/Services; the notice period specified in clause 10.6.1 applies to such changes.

10.6.7. Individual terms agreed in the Accession Agreement (tariff/area/term, etc.) shall prevail in case of discrepancies with the general provisions of the Offer, unless otherwise expressly provided by the Offer.

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