This Public Offer Agreement (HOT DESK) (hereinafter – the "Agreement") is an official and public offer made by Limited Liability Company "CREATIVE STATE ARSENAL 2", a legal entity incorporated under the laws of Ukraine, identification number 44103788, having its registered office at unit 12, 8, Moskovska str., Kyiv, 01029 (hereinafter – the "Creative State"), represented by Director Ilia Kenigshtein acting based on the Charter.
This Agreement has been concluded by Art. 633 of the Civil Code of Ukraine and taking into account that its conditions are the same for all.
As soon as the Resident will sign the Application Form this is becoming confirmation of acceptance of all the terms of this Agreement.
Hereinafter the Resident is a person who signs the Application Form and the Creative State collectively referred to as the "Parties" and individually as a "Party".
Space – means office Space located at unit 12, 8, Moskovska str., Kyiv, 01029 and which includes Common areas, Meeting rooms, Phone booths;
Meeting Rooms – a dedicated room within the Space that can be used for business-related meetings as per reservation made by the Resident through the meeting room booking system.
Phone Booths – means room within the Space dedicated for Skype, telephone calls.
Common Areas – areas within the Space that are available for common use by all residents, excluding Private Rooms, Shared Rooms, Meeting Rooms, Phone Booths.
General terms and conditions of service – scope of typical provisions and House Rules which apply to this Agreement which are publicly available on the Creative State's website at the following address: https://creativestates.net/gtc (hereinafter – "General Terms") and which constitute an integral part of this Agreement.
Accept – unconditional and full acceptance of the terms of the Agreement, which occurs by signing the Application Form and making the appropriate payment by any of the funds that will be offered to the Resident. A copy of the Application Form may be provided to the Resident upon request.
The Application Form – a document that the Resident must fill in independently, choosing the necessary list of services.
2.1. The Creative State shall provide the Resident with the right to use the Common Areas of the Space including basic services of the Hot Desk package (hereinafter – the "Services").
2.2. The Resident shall use the Space and Common Areas with the sole purpose of business and/or independent professional activity.
2.3. The term of Services rendered is chosen by the Resident independently when filling in the Application Form.
2.4. The Resident shall access the Space via an access control system using a personal electronic access key (hereinafter – the "Access Card"). Access Cards will be transferred to the Resident in quantity equal to the number of persons determined in the Application Form indicating the surname, name, and patronymic. The Access Cards shall not be transferred to any other individuals who are not specified in the Application Form.
2.5. Upon expiration of the term of Service rendering that is in the Application form, the Resident shall leave the Space and return Access Cards to the Creative State.
2.6. The Creative State has a right to block Access Cards in the following cases:
i. in case, if within 2 (two) business days of the present Agreement signing the Creative State does not receive the payment for the first month of Services rendering;
ii. if the term of Service rendering has expired;
iii. if the Resident and/or Resident's employees, persons contracted by the Resident violate provisions of the present Agreement and/or the House Rules.
2.7. The Resident is not permitted to transfer its right to use the Space to any other party.
3. Price and Payments
3.1. Total price of this Agreement will be mentioned in the Application Form and it will depend on Services that are chosen by the Resident and some additional payments according to the terms of this Agreement.
3.2. Payments for Services and all other payments under the present Agreement shall be made in the National currency of Ukraine – hryvnia.
3.3. The Resident shall make payment for Services monthly till the 10 (tenth) day of the current month for the next one.
3.4. Payment for the first period of Services rendering shall be made by the Resident within 2 (two) business days from the moment when the Resident accepts the terms of this Agreement and signs the Application Form.
3.5. If the Resident orders and pays for the 10 (ten) and 30 (thirty) days tariff, then he could use it within 1 (one) calendar month.
If the Resident pays for any of these tariffs and does not use them in full, the Creative State will not make a recalculation based on how many Resident used.
3.6. Service charges can be varied by the Creative State unilaterally by notifying the other Party not later than 10 (ten) calendar days before such changes coming into force.
3.7. The Parties have agreed that at the beginning of every current month, the Creative State shall upon prior request, provide the Act of the services provided in the previous period (hereinafter – the "Act").
3.8. The Resident shall sign, seal (if available) and send one copy of the Act to the Creative State or provide its written motivated complaints about the Services quality writing remarks within 5 (five) business days of its receipt. If the Creative State will not receive from the Resident signed Act or comments on it within the term specified above, the Act shall be deemed signed by the Resident, and the Services are properly provided and accepted by the Resident.
4. Services of the Hot Desk Package
4.1. The Hot Desk package includes the following basic services:
i. access to the workplace "Hot Desk" type;
ii. access to the Internet;
iii. access to Meeting rooms according to the conditions specified in the Application Form;
iv. access to Phone booths according to the conditions specified in the Application Form;
v. printing, making copies of documents on the professional equipment (printers) according to the conditions specified in the Application Form.
4.2. From Monday till Friday from 9 am till 10 pm and on Saturday from 9 am till 5 pm the Resident can use the Services at the Creative State, Sunday is the day off.
5. General Terms
5.1. By signing the Application Form, the Resident certifies familiarization with the provisions of General terms including the House Rules, fully understands it, agrees to comply with it and all Resident's employees and/or persons contracted by the Resident shall be required to comply with House Rules throughout the term of this Agreement.
5.2. The Creative State has the right to initiate amendments and/or additions to the General terms. The Creative State initiates making amendments and/or additions to the General terms by publishing such amendments and/or additions on the Creative State website no later than 15 (fifteen) calendar days before the date when such amendments and/or additions will come into force. If the Resident has not submitted to the Creative State his written objection to the amendments and/or additions to the General terms till the date of its coming in force such amendments and/or additions shall be deemed accepted by the Resident.
6. Liability of the Parties
6.1. The liability of the Creative State shall be limited to the amount of direct actual losses incurred by the Resident as a result of guilty actions of the Creative State in the provision of the Services. The Creative State shall not be liable to the Resident for consequential damages or lost profits of the Resident, which have arisen as a result of the Creative State's actions in the provision of the Services.
6.2. Charging and demanding penalties hereunder is a right, but not an obligation of the Parties.
6.3. If the Creative State has not received payment from the Resident more than 10 (ten) days after the due date of payment, the Creative State may assess a 10% (ten percent) delay fine on the unpaid amount.
7. Term. Miscellaneous
7.1. The Creative State may immediately terminate this Agreement:
i. upon breach of this Agreement by the Resident and/or Resident's employees, persons contracted by the Resident;
ii. if the Resident and/or its Resident's employees and/or persons contracted by the Resident fail to comply with the General terms of this Agreement.
7.2. This Agreement and its performance are governed by the laws of Ukraine.
7.3. This Agreement seemed to be concluded as soon as the Resident has signed the Application Form.
7.4. The Parties agree that any materials, information related to the provision of services is confidential and shall not be disclosed to any third party without prior witting approval of the other Party.
7.5. This Agreement (and even if the Resident has accepted the terms of this Agreement) does not apply to the conclusion of a separate bilateral written Agreement between the Creative State and the Resident.
8. Details of the Party
LIMITED LIABILITY COMPANY "CREATIVE STATE ARSENAL"
Legal Address: unit 12, 8, Moskovska str., Kyiv, 01029
Registration number 44103788, Tax number 441037826569
Tel.: +380 44 334 40 80
Income taxpayer on the general basis, VAT payer
In JSB "UKRGASBANK"