General Terms and Conditions Nexpace


Introduction


These general terms and conditions (hereinafter: the General Terms and Conditions) apply to every use of the services of Nexpace B.V. and to all agreements between Nexpace Nederland B.V. (hereinafter: Nexpace) and its customers. Nexpace provides flexible office and workplace solutions – such as private offices, flex desks, coworking spaces, meeting rooms and podcast studios – which can be booked via its website. In these terms and conditions you will find important information about your rights and obligations. You are advised to read these terms and conditions carefully and to keep them or print them out for later use.

 

Definitions

  1. Nexpace Nederland B.V.:, established at Beeachavenue 98, 1119 PW Schiphol Rijk, registered with the Chamber of Commerce under number 97148237, trading under the name Nexpace.
  2. Website: the Nexpace website, accessible via www.nexpace.nl and all (sub)domains linked to it
  3. Customer: any natural person or legal entity acting in the course of a profession or business that enters into an agreement with Nexpace and/or uses the Website.
  4. Services: all products and services offered by Nexpace, including renting or making available private offices, coworking spaces, flex desks, meeting rooms, podcast studios and other related facilities.
  5. Agreement: every arrangement between Nexpace and the Customer regarding the purchase of Services, of which these General Terms and Conditions form an integral part.

 

Applicability

  1. These General Terms and Conditions apply to all offers, quotations, agreements and deliveries by Nexpace, unless expressly agreed otherwise in writing.
  2. Any deviations from these General Terms and Conditions are only binding if they have been expressly confirmed in writing by Nexpace.
  3. If the Customer uses its own terms and conditions that deviate from or are not included in these General Terms and Conditions, those terms and conditions are only binding on Nexpace if they have been accepted in writing.

 

Services and use

  1. Nexpace offers flexible workplace solutions and additional services. The Customer may book a private office, flex desk, coworking space, meeting room or podcast studio via the Website or on site.
  2. The Customer must use the space booked exclusively for business and professional purposes and must leave the premises in a neat and orderly condition. It is prohibited to carry out activities that are contrary to applicable laws and regulations or Nexpace house rules.
  3. The Customer will not provide incorrect or misleading information, distribute spam or upload viruses, and will not place an unreasonable burden on the website infrastructure.
  4. It is not permitted to use Nexpace’s services to carry out unlawful activities or to infringe the rights of third parties (such as intellectual property rights).
  5. Nexpace reserves the right to refuse or cancel a reservation if it has valid reasons to do so, for example in the event of a breach of these terms and conditions or the house rules.

 

Formation of the agreement

  1. The agreement is formed at the moment the Customer accepts an offer from Nexpace via the website or on site and has complied with any conditions (such as payment or documentation).
  2. Upon electronic acceptance, Nexpace will promptly confirm receipt of the acceptance by electronic means. As long as receipt has not been confirmed, the Customer may dissolve the agreement.
  3. If incorrect information is provided when accepting an offer, Nexpace is entitled to fulfil its obligations only after the correct information has been received.

 

Registration and account

  1. For optimal use of the services, the Customer may create an account via the Website. During registration, the Customer chooses a username and password. The Customer is solely responsible for a secure password.
  2. The Customer is required to keep its login details secret and may not share them with third parties. Nexpace may assume that all actions carried out via the account are performed by the Customer.
  3. If the Customer knows or suspects that its login details are known to unauthorised persons, it must change its password as soon as possible and inform Nexpace.

 

Prices and information

  1. All prices stated on the Website are exclusive of VAT and any other levies, unless expressly stated otherwise.
  2. Nexpace takes care to provide a correct presentation of prices and other information, but cannot guarantee that all information is always correct and complete; obvious programming or typing errors are reserved.
  3. Nexpace may change the prices and terms and conditions of its services at any time. However, a change will not affect agreements already formed, unless the parties agree otherwise in writing.
  4. Any shipping or administration costs are clearly stated in advance of entering into the agreement, insofar as applicable.

 

Payment

  1. The Customer must make payments to Nexpace according to the payment methods indicated in the ordering procedure. Nexpace is free to choose payment methods and may change them from time to time.
  2. For services that are not purchased via the website, a deposit of 50% may be requested at the start; the remaining amount must be paid after delivery.
  3. Payment must be made within the period set by Nexpace. If the payment deadline is exceeded, the Customer is in default by operation of law and owes default interest equal to the statutory (commercial) interest.
  4. If no payment is received after a payment reminder, Nexpace may hand over the claim to a debt collection agency. All judicial and extrajudicial costs are borne by the customer.
  5. As long as the Customer has not made full payment, goods supplied by Nexpace remain the property of Nexpace.

 

Right of withdrawal / Cancellation

  1. Because Nexpace primarily offers its services to business customers, the statutory right of withdrawal for consumers (cooling-off period of 14 days) does not apply.
  2. Cancellation of a reservation may only take place free of charge if it is done within the period indicated by Nexpace. If cancelled after this period, Nexpace may charge costs.
  3. If the Customer does not use a booked service without timely written notice of termination, the payment obligation remains fully in force.
  4. Long-term agreements (for example contracts for multiple months) are automatically extended for an indefinite period after the agreed term ends, unless the Customer gives written notice no later than one month before the end of the term. Nexpace may apply an adjusted fee for the extension.

 

Use of the premises and community

  1. When using a Nexpace location, the Customer must comply with the house rules and instructions of Nexpace staff.
  2. The Customer must take care when using the spaces, inventory and facilities made available. Any damage resulting from careless use is at the Customer’s expense.
  3. It is not permitted to use the premises for (i) unlawful activities; (ii) installing or distributing viruses or other harmful techniques; (iii) causing nuisance to fellow users or neighbours; or (iv) selling or using goods or services in breach of applicable laws and regulations.
  4. The Customer respects the privacy and intellectual property rights of other users and will not collect, copy or distribute other people’s personal data without permission.

 

Use of the internet and network

  1. Nexpace provides wireless internet access (Wi-Fi) at its locations as an additional facility for customers and visitors. Although Nexpace strives to provide a reliable internet connection, it cannot guarantee its availability, speed or uninterrupted operation.
  2. The internet connection may only be used for lawful purposes. It is not permitted to use the network for activities that are contrary to applicable laws and regulations, to endanger the safety or operation of the network, to infringe the rights of third parties or to cause nuisance for other users.
  3. Nexpace may take measures necessary to ensure the security and proper functioning of the network. In the event of a breach of these General Terms and Conditions, the house rules or applicable laws and regulations, Nexpace may temporarily or permanently restrict or terminate access to the network.
  4. The internet connection is offered as an additional facility. Nexpace is not liable for damage resulting from malfunctions, interruptions, loss of data or unauthorised access to users’ devices or data, unless liability cannot be excluded under mandatory law.
  5. By using the Nexpace network, the user agrees to these General Terms and Conditions, the privacy policy and any additional network conditions made available via the Wi-Fi login page.

 

Liability and guarantee

  1. Nexpace will make every effort to provide the services to the best of its ability and to make spaces available as described, but does not guarantee that the services or facilities will function without defects at all times.
  2. The total liability of Nexpace for an attributable failure to perform the agreement is limited to compensation for direct damage up to a maximum of the amount of the price agreed for that agreement (including VAT). In no event will the total compensation exceed € 500.
  3. Nexpace is not liable for indirect damage, including consequential damage, loss of profit, missed savings, loss of data or business damage.
  4. The liability of Nexpace arises only if the Customer puts Nexpace in default promptly and properly in writing, granting a reasonable period for remedy, and Nexpace also fails to perform after that period.
  5. Nexpace is not liable for damage caused by force majeure. Force majeure means any circumstance independent of Nexpace’s will that prevents the performance of Nexpace’s obligations in whole or in part.
  6. Decisions and legal acts that the Customer takes based on information from Nexpace or via the Website are at the Customer’s own account and risk; provided information is not professional advice.

 

Intellectual property

  1. All intellectual property rights relating to the website, software, texts, images, videos, podcasts and other materials of Nexpace belong to Nexpace or its licensors.
  2. The Customer is not permitted to reproduce, copy, make public or use (parts of) the Website or materials for commercial purposes without Nexpace’s prior written consent.
  3. By uploading or placing content (such as photos, texts or videos) on the Website or other Nexpace channels, the Customer grants Nexpace a non-exclusive, irrevocable, worldwide licence to use this content for publicity purposes. The Customer guarantees that the content does not infringe the rights of third parties and indemnifies Nexpace against claims.

 

Personal data and privacy

  1. Nexpace processes personal data of Customers in accordance with its privacy and cookie policy, which is published on the Website.
  2. Nexpace respects the privacy of its users and processes the provided personal data carefully and with appropriate security measures【 363138492387395†L270-L315】. Personal data is only used for the purposes for which it was obtained and is not shared with third parties without permission, unless this is legally required.
  3. Customers have the right to access, correct and delete their personal data. They can submit a written request for this to Nexpace via the contact details in these terms and conditions.
  4. Nexpace uses cookies to allow the website to function and to improve user convenience. A cookie notice is displayed when the website is visited for the first time; refusing cookies may affect the functionality of the website.

 

Complaints procedure

  1. If the Customer has a complaint about Nexpace’s services, it may submit it in writing or by email via the contact details at the bottom of these terms and conditions.
  2. Nexpace aims to provide a substantive response within five (5) working days after receipt of the complaint. If this is not possible, the Customer will receive confirmation of receipt within five days and an indication of the period within which a substantive response may be expected.

 

Final provisions

  1. These General Terms and Conditions and the agreement are governed by Dutch law.
  2. All disputes that may arise as a result of the agreement or these General Terms and Conditions will be submitted exclusively to the competent court in Amsterdam.
  3. If any provision of these terms and conditions is found to be void or invalid, this does not affect the validity of the other provisions. In that case, the parties will establish a new provision that comes as close as possible to the purpose and scope of the original provision.
  4. Nexpace may amend these General Terms and Conditions at any time. Changes take effect at the time of publication on the Website or on a later date stated in the publication.
  5. In these General Terms and Conditions, “in writing” also means communication by email and fax, provided that the identity of the sender and the integrity of the messages are sufficiently established.

 

Contact details

Do you have any questions, comments or complaints regarding these General Terms and Conditions? Please contact:

Nexpace Nederland B.V.
Beeachavenue 98
1119 PT Schiphol Rijk
Tel.: +31 85 238 28 00
E‑mail: success@nexpace.nl

Nexpace is registered with the Chamber of Commerce under number 97148237.