TERMS AND CONDITIONS (T&C)
It is important that you read our T&C carefully to understand your rights and protections, as well as ours. Please contact us at firstname.lastname@example.org. if you have questions regarding this T&C.
1. General. Acceptance of Terms.
1. YOLK Spółka z ograniczoną odpowiedzialnością with registered seat in Kraków, ul. Józefa Sarego 5/4, 31-047 Kraków, Poland, entered with the National Court Register into the register of entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Department of the National Court Register under the number KRS: 818889; Tax Identification Number (NIP): 6762575400, National Business Registry Number (REGON): 385077151, with the share capital of 45,000.00 PLN (“YOLK”) provides coworking spaces and other services specified herein.
2. All contractual relationships between YOLK and any customer of YOLK coworking spaces and services (“Member”, together with YOLK the “Parties”, each a “Party”) shall be governed by these terms and conditions (“T&C”). By registering on the website yolkfolk.pl („Website”), the Member agrees to be bound by these T&C.
3. The Services YOLK provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms and Conditions (“T&C”). YOLK reserves the right to update the T&C at any time. YOLK will contact you to notify you of any updates within 14 days of their enactment using the contact information provided in the Account. In case the Member objects the new T&C they may terminate the Membership Agreement with a period of 14 days upon receipt of the information about the changes.
4. Standard business conditions and/or general terms and conditions of the Member do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.
5. YOLK provides coworking office space in Kraków at Józefa Sarego 5/4 (“Space”), fully furnished with desks and office chairs. The Space also includes a meeting room available according to the chosen membership plan, a kitchen area with tea and coffee making facilities available for the Members and toilets.
6. The YOLK Space is a commercial facility. Using the Space or your membership for the purpose of establishing a personal residence is not permitted. You hereby understand, agree and warrant that you are not a residential tenant at the YOLK Space.
7. The Space can be used for office work only and in a manner respecting other Member’s right to use the Space in this way.
8. The Space is covered by CCTV in the main room working area, in the hall and the entrance. The Member by entering into the Membership Agreement consents to the recording, storing and usage of the footage from the CCTV for the purposes connected with the safety of people and property in the Space.
2. Description of Services.
1. YOLK may provide you with access to the office Space, work stations, Internet access, office equipment – printer, meeting room, and other services as YOLK may provide from time to time (collectively, “Services”), depending on the membership plan you choose. The Services at all times are subject to the T&C.
2. Access to any of the Services will be made available to the Member by an individual code provided by YOLK.
3. The Member is entitled to rent a Small Locker or a Large Locker that can be closed with a key upon payment of a fee specified on the Website. Each Locker can be rented on a monthly basis only. The owner of the Lockers is YOLK. The payment of the fee for the Lockers shall be done in the same way as payment of the membership fee. Upon payment for the Locker, the Member will receive a key. The Member will be charged with a fee in case of a loss of such key. The Member is fully liable for the contents of the Locker. YOLK is not liable for any loss or damage of the content of the Locker and bares no responsibility for securing of the Lockers and any supervision to the Lockers. Upon termination of the rental of a Locker, the Member shall return the key to YOLK. The Member is liable for any damage to the Locker and will be charged with any costs required for any repairs, cleaning or repainting or a purchase of a new Locker.
4. The Member is entitled to use the kitchen area in the Space and its equipment. It is prohibited to eat food outside of the kitchen area and especially by the working spaces. The member acknowledges that each Friday the fridge will be emptied for hygienic reasons.
5. YOLK is not responsible for management of any letters, packages etc. sent to the Member to the Space’s address and is not liable for any loss or damage to any deliveries made to the Member to the Space’s address, unless the chosen membership plan provides otherwise.
6. The Space is governed by time monitoring system which registers entry and leaving times of the Members. The Member shall use the Space only in the time purchased according to the membership plan and leave the Space at the end of the purchased period the latest. If the purchased period is extended, YOLK may impose additional fees on the Member specified on the Website.
7. Virtual mailbox services are avaliable in the chosen membership plan and involve activities specified on the Website. Any additional fees connected with the Virtual mailobox services are specified on the Website. Members using Virtual mailbox services are not allowed to register their bussiness at the YOLK address. YOLK is not liable for any obligations that may be imposed on Members in the collected mail. YOLK is not liable for any content of the mail addressed to a Member.
3. Registration. Membership Plans. Membership Agreement. Termination.
1. Any use of YOLK Services requires prior registration on the Website by creating an account (“Account”) and the acceptance of these T&C. It is recommended to download an application to a smartphone. The Member must provide accurate and complete information and keep the Account information updated. The information provided by Member will be used to issue invoices by YOLK. Each Member will receive an individual pin code to the main door to the Space to their smartphone and will be activated upon the payment of the membership fee. Members will also receive a password to the Wi-Fi when their membership has been activated. Only a Member with an Account is permitted to use their individual pin code to the Space. It is prohibited to make the individual pin code available to any third parties. Members without the application will be supplied with a RFID tag to enter the Space upon extra cost of 25.00 PLN per each started month, reardless of their membership plan.
2. The Member is solely responsible for the activity that occurs on their Account. Member shall keep their login data (password) confidential and prevent any unauthorized use by third parties. The Member shall immediately inform YOLK if there are indications that any third party is misusing their Account.
3. The Member represents and warrants that (i) all information provided by them to YOLK to participate in the Services is correct and current; and (ii) the Member has all necessary right, power and authority to enter into the Membership Agreement and to perform the acts required of Member hereunder.
4. The Parties enter into a Membership Agreement when the Member creates an Account and chooses a membership plan on the Website and pays the membership fee for the initial month/period in advance.
5. The membership fee depends on the membership plan and is provided on the Website. The fees stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Space and Services shall be borne by the Member.
6. When YOLK’s account is credited with the membership fee paid by the Member it is a confirmation that the Parties entered into a Membership Agreement. The scope of the Membership Agreement and the Services provided by YOLK are determined by the description of each available membership plans.
7. Available membership plans are:
- Dedicated / fixed desk
- 24/7 access to the office Space using smartphone entry
- Free colour printing and scanning
- Superb locally sourced fresh Espresso and filter coffee
- 5 hours use of the meeting room
b) Mini Membership
- Eight hours use of the desks dedicated to mini-members; booked in advance using the online member dashboard
- special fee for additional use of the mini-desks
- 24/7 access to the office Space using smartphone entry
- Free colour printing and scanning
- Superb locally sourced fresh Espresso and filter coffee
- 1-hour use of the meeting room
- special fee for further meeting room use
- Access to Yolk Community
- Access to Member Events
- Access to Yolk Slack communication platform
- Virtual mailbox (use our YOLK address for correspondence mail)
c) Day Pass
Day Pass includes:
- Use Yolk CoWorking for a single day during weekday office hours; Monday to Friday, 9am - 6pm
- The use of any available desk
- Free colour printing and scanning
- Superb locally sourced fresh Espresso and filter coffee
8. The membership fee for each of the membership plans is available on the Website. All additional Services and their fees are also available on the Website.
9. The Member acknowledges that the scope of use of the Space in determined by the purchased membership plan and that the Space will be used by other Members. The Member can use an available working space and other Services depending on the purchased membership plan. The Member shall refrain from creating excessive noise that will disturb other Members.
10. This Membership Agreement is automatically renewed at the end of each period with consent of each Party until terminated by one of the Parties in accordance with the T&C. The T&C must be adhered to at all times. Failure to follow T&C can result in non renewal or even early termination of the Membership Agreement. YOLK reserves the right to terminate any Membership Agreement and any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the Space rules.
11. The Parties may terminate this Contract for any or no reason at their convenience by giving a written 14-days’ notice of termination sent to YOLK’s email address: email@example.com or to the Member’s email address provided when registering the Account. Termination shall be in effect as of the end of the 14th day after the termination notice was received by the other Party.
12. YOLK reserves the right to terminate any Service at any time. YOLK further reserves the right to terminate your participation in and use of any Services, as well as the Membership Agreement, immediately and without notice, if you fail to comply with the T&C.
13. Each Member shall leave a working space free from their personal items when leaving the Space unless a Member has activated the Full Membership. Any items left on the working space will be utilised by YOLK. YOLK in not liable for any items left in the Space by Members. The Full Membership entitles the Member to use a designated desk however any items left in the Space are at the Member’s own risk. YOLK is not liable for any loss or damage to the Members’ items left in the Space.
14. It is prohibited to bring or store any hazardous or dangerous items in the Space.
4. Terms of Payment.
1. The payment of the membership fee for a chosen membership plan is available in a form of an on-line bank transfer and by credit card.
2. For online payment purposes, the Member accesses a secure server certified by a certificate authority. The Member must provide the credit card number by completing online payment form. The transaction is then performed according to the banking security standards. In this context, YOLK has no access or retain the number of the credit card.
3. The credit card is then charged following the click made on the Website by the Member and subject to full compliance of these T&C. In the event that for any reason whatsoever (opposition, refusal of the issuing centre, etc.), the flow of money proves impossible, the membership taken will not be recorded by YOLK and the Member will not have the Services associated with it.
4. In the event of late payment for rent, YOLK reserves the right to charge statutory interest and terminating the contract unless advised by the member.
5. Early termination of a membership plan will not give rise to any reimbursement of the fee previously paid by the Member to YOLK except termination by the Member as a result of gross negligence or wilful misconduct of YOLK.
6. YOLK shall issue an invoice for any payment of the fees made or 5 (five) working days before an invoice is due to be paid by the Member. The Member consents to receiving an electronic invoice which shall be sent to the Member’s email address provided when registering the Account.
7. The Member is automatically charged monthly in advance based on their membership plan. Payment is to be made through the Website via credit card or by bank transfer. Payment is required at the beginning of the week or month for that period, at the date specified in the invoice. A week is understood as 7 (seven) consecutive days and a month is understood as 30 consecutive days. The payment will be charged automatically to the Member’s credit card once an invoice has been issued. Payment for the Day Pass is either paid on the day of use unless other arrangements have been made with YOLK.
5. No Unlawful or Prohibited Use.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any YOLK server, or the network(s) connected to any YOLK server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any YOLK server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
6. Use of Services.
You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through YOLK Services;
d. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
e. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
f. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
h. Restrict or inhibit any other user from using and enjoying the Services;
i. Violate any code of conduct of other guidelines which may be applicable for any particular Service;
j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
k. Violate any applicable laws or regulations; and
l. Create a false identity for the purpose of misleading others.
7. Personal Data.
YOLK reserves the right at all times to disclose any information about you, your participation in and use of the Services as YOLK deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in YOLK’s sole discretion.
1. Personal data are collected in accordance with the safety requirements specified in the Act on the Protection of Personal Data of 29 August 1997 and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. YOLK is a controller of your personal data (“Controller”). You can contract the Controller via email: firstname.lastname@example.org or by phone: +48 512 721 255.
2. YOLK processes your personal data such as: name, surname, address, email, phone number, tax identification number.
3. The collected personal data are used and processed for the purposes of performing of the Membership Agreement, sending you our newsletter and the marketing purposes.
4. The collected personal data are used and processed for the purposes of the performance of the Membership Agreement between us and you and also to take steps prior to entering into the Agreement, as well as to meet legal requirements (for tax, complaint claims etc.) and for the purposes of the legitimate interests pursued by us as the controller (establishment, exercise or defence of legal claims, replies to queries, surveys of customer satisfaction).
5. The legal basis for the processing of your personal data is the performance of the membership Agreement between us and you, which requires processing of personal data and also the fulfilment of the Controller’s legal obligations and the legitimate interests of the Controller and your consent.
6. The provision of the personal data is not an obligation but without it we will not be able to enter into the Membership Agreement and perform it and we will not be able to send you our newsletter or the marketing information.
7. The personal data shall be processed for not longer than it is necessary that is for the period of the performance of the Membership Agreement and later for the period required for tax reasons or the claim dissolution or the expiration of the limitation period of a claim, unless the legal regulation requires earlier deletion of the personal data. This period also depends on you – your personal data will be processed as long as you are interested in receiving the newsletter and the marketing information (until you decide to withdraw your consent/unsubscribe). You have a right to withdraw your consent at any time by contacting us by clicking a special link “unsubscribe”, which is submitted in every newsletter and marketing information, which is sent to you. In such case we will stop sending you emails but please note that within a short period of time after you unsubscribe you may still receive such information until your request have been properly indicated in our systems.
8. Your personal data will be made available to our contractors (such as: accountant, IT, technology services for the Website, Website provider, banking, courier services, legal services) and only when necessary. We will make the personal data available to the contractors to the extent that allows them to provide services for us. Our contractors are required to store the personal data in a safe and protected manner. The contractors are not allowed to use the personal data for their own purposes.
9. For the purposes of protecting the personal data we use computer systems such as UBIQUITI UniFi firewall and we provide physical controls for the access to our buildings and files in order to provide security of the personal data. Any access to the personal data is made available only to persons that require it for their official duties. Of course we use necessary technical and organisational security measures for the personal data but remember that we cannot guarantee an absolute security of your personal data provided by your via internet.
11. You have the right of access to your personal data stored by the Controller. If you want to receive information on your personal data, which we have or to receive copies of the personal data or the information on the purpose and the means of the processing of the personal data, please contact us.
12. You have several rights with the respect to your personal data such as: the right to rectification (if we have incomplete, outdated or incorrect data, it will be rectified), the right to object to the processing of your personal data, the right to restriction of processing of your personal data, the right to demand deletion of your personal data, the right to erasure (right to be forgotten), the right to data portability, the right to complaint to the supervisory authority (we would like to resolve all your claims amicably but you have the right to file a claim to the supervisory authority for the protection of personal data – for us it is Prezes Urzędu Ochrony Danych Osobowych.
13. You grant Yolk permission to take photographs or film your person in the space for promotional and commercial use, without remuneration. The Client agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used to Yolk. Pre-warning of filming and photography will be granted to allow for any objections to be considered.
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, including but not limited to personal data, that is disclosed by YOLK, or any participant or user of the Services or any employee, affiliate, or agent thereof that is nonpublic, confidential or proprietary in nature.
Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of YOLK any analyses, compilations, studies or other documents prepared by YOLK or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to:
1. maintain all Confidential Information in strict confidence;
2. not to disclose Confidential Information to any third parties;
3. not to use the Confidential Information in any way directly or indirectly detrimental to YOLK or any participant or user of the Services.
All Confidential Information remains the sole and exclusive property of YOLK or the respective disclosing party. You acknowledge and agree that nothing in these T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of YOLK or any participant or user of the Services.
9. Participation In or Use of Services.
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that YOLK does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
10. Indemnification & Limited Liability.
Members understand that if someone or something at the Space gets hurt or damaged as a result of Members’ own negligence, then the Members are responsible to pay for that injury or damage.
In no event shall YOLK or its employees, shareholders, representatives or guests be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty, negligence, and any other pecuniary or other loss whatsoever, arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement.
Members agree not to hold YOLK or its employees, shareholders or representatives, jointly or individually, liable for the loss, theft, or damage of their personal belongings including but not limited to; laptops, computers, cell-phones, bags, wallets etc.
In the event that any provision or portion of theseT&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of these T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
1. These T&C and the Membership Agreement shall be governed by the laws of the Republic of Poland excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the common courts of Kraków, Poland.
2. Should any provision of these T&C be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these T&C if any court has confirmed such proceeding.
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