Terms and Conditions of Use for Fabrika 48
1.1 These terms and conditions for use of Fabrika 48 (“T&C”) were adopted by ATRIOS s.r.o., with registered office at: Mlynská 7, 040 01 Košice, ID: 35 885 611, registered in the Commercial Register at Košice I District Court, section Sro, file no. 30164/V (“ATRIOS s.r.o.”) as the sole owner and administrator of the building with registration number 1575, and registered on deed 11655, cadastral territory of Južné Mesto located at the following address: Južná trieda 48, 040 01 Košice (simply as “Fabrika 48”).
1.2 Only these T&C apply and dissenting terms and conditions, or the terms and conditions of parties interested in using Fabrika 48 deviating here from will not be accepted.
1.3 The subject hereof is the definition of the rights and obligations governing the Tenant’s right to use the space provided by the Landlord based on a Binding Order for the purpose and under the conditions stipulated herein and the provision of accessory services and other agreed services by the Landlord for payment (“Agreement”).
2. Landlord, Interested Party, Tenant, Binding Order
2.1 The Landlord for the purposes hereof is ATRIOS s.r.o., with registered office at: Mlynská 7, 040 01 Košice, ID: 35885611, Tax ID: 2021821351, VAT ID: SK2021821351, registered in the Commercial Register at Košice I District Court, section Sro, file no. 30164/V (“Landlord”).
2.2 Záujemcom sa pre účely týchto VPÚP rozumie každá fyzická alebo právnická osoba, ktorá má záujem o užívanie priestorov vo Fabrike 48, podľa aktuálnej ponuky Prenajímateľa na účely uvedené v týchto VPÚP (ďalej len „Záujemca“).
2.3 A Tenant for the purposes hereof is defined as any natural person or legal entity who reaches an agreement with the Landlord and uses the space defined herein under the conditions stipulated herein (“Tenant”).
Rental of conference rooms, rental of COWORKING space
3. Inquiry, Binding Order, Rental Price, Invoicing
3.1 An Interested Party may express their interest in using space at Fabrika 48 by contacting the Landlord in writing, over the phone, or via email and specifying their interest in specific space and any accessory services as currently posted on the Landlord’s website at www.fabrika48.sk.
3.2 If an Interested Party expresses an interest in using the space by sending a written order, making an inquiry via email, or over the phone, the Landlord shall contact the Interested Party to confirm the provided details in an order, which shall specify the identification details of the Interested Party, specifically their business name, registered office, ID, and tax ID for a legal entity, or first and last name, date of birth, and ID card number in the case of a natural person, the defined type of space to be used, the specific use of the space, the duration of the rental, with specification of the start and end dates of the rental, and the rental price for the given space in use (“Binding Order”).
3.3 PA contractual arrangement is established between the Landlord and the Tenant upon confirmation of a complete Binding Order.
3.4 In addition to the rental, the Landlord provides additional services and opportunities to use the space and facilities at Fabrika 48 which a Tenant may subsequently order at additional cost in addition to the basic rental services as specified herein (“Accessory Services”) per the current listing of Accessory Services posted on the website www.fabrika48.sk.
3.5 Prices published for the rental of space along with the price for Accessory Services combine to form the total rental price (“Price). The rental price may vary depending on the specific requested made by a Tenant and will be charged per the current price list published on the website www.fabrika48.sk; if such request is for a service specified in the price list or if the parties agree on other specific requests in an agreement.
3.6 The rental price individual spaces and the prices for Accessory Services are provided in the current price list published on the website www.fabrika48.sk.
3.7 The Tenant shall pay the rental price in the payment term provided in the invoice issued by the Landlord, and which is due on the date specified on the invoice, which as standard is the rental start date at the latest. An invoice issued by the Landlord is considered paid when the corresponding funds are credited to the Landlord’s account.
3.8 If the reserved number of hours are exceeded, the Tenant will be automatically charged for each additional commenced hour.
3.9 The Tenant commits to use the rented spaces(s) on its own, or in a number of persons suitable with respect to the defined capacity of the space or workstations specified in the Binding Order and to pay the corresponding rental price. If the Landlord determines that the Tenant has provided access and a workstation to anyone else, the Landlord shall charge them for the use of each additional workstation over and above those already rented by the Tenant.
3.10 The Landlord is entitled to default interest in the amount of 0.03% of the outstanding amount for each day of default should the Tenant be in default with payment of a Landlord-issued invoice.
4. Rental Period, Cancellation Conditions and Coworking Services
4.1 The Landlord and Tenant agree on a rental period in a Binding Order.
4.2 The start of the rental is the day the Landlord and Tenant agree on in the Binding Order.
4.3 The end of the rental is the day the Landlord and Tenant agree on in the Binding Order.
4.4 The Tenant may withdraw from the Agreement if withdrawal from the Agreement is notified to the Landlord at least 7 calendar days in advance of the start day of the rental agreed upon by the Parties. If the Tenant fails to meet its obligation hereunder, the Tenant’s right of withdrawal from the Agreement lapses.
4.5 The Landlord maintains the right to withdraw from the Agreement if unforeseen circumstances occur that objectively prevent the Landlord from fulfilling its obligations under the Agreement. In the case of withdrawal from the Agreement for such reason, the Parties are obliged to return all received fulfilment to the other Party. In such case, the Landlord is not responsible for any damages incurred by the Tenant as a result of termination of the Agreement on such grounds.
4.6 Confirmed orders involving conference rooms are binding for both Parties. If the Tenant cancels its reservation, the Landlord may seek a cancellation fee from the Tenant as follows:
4.6.1 If the reservation is cancelled more than 7 days before the scheduled event, the cancellation fee is EUR 0.00;
4.6.2If the reservation is cancelled more from 3 to 7 days before the scheduled event, the cancellation fee is 20% of the price of ordered services or the price for the cancelled part of the ordered services as specified in the confirmed order;
4.6.3 If the reservation is cancelled at most 1 day before the scheduled event, the cancellation fee is 100% of the price of the ordered services or the price for the cancelled part of the ordered services as specified in the confirmed order.
5. Handover and Acceptance of the Rented Space and Right and Obligations of the Landlord and Tenant
5.1 The Landlord will hand over the rented space to the Tenant on the rental start date at the earliest.
5.2 The Parties sign the handover certificate to certify handover and acceptance of the space.
5.3 Over the duration of the rental, the Tenant is fully liable for any damage caused to the space and the facilities it uses and for which it is responsible.
5.4 The Landlord is only authorised to enter the rented space with the Tenant in attendance and to determine if the Tenant is using the rented space in accordance with the purpose and in the manner agreed in the Order, the Agreement, or herein.
5.5 The Tenant is obliged to use the rented space exclusively for the purpose agreed in the Agreement and herein, and only for its own needs and in such a way that does not disturb other tenants.
5.6 The Tenant shall inform the Landlord without any undue delay of the need to make any repairs or work to be performed by the Landlord and to allow them to be completed, otherwise it shall be held liable for damage resulting from failure to meet this obligation; the Tenant shall also endure any restrictions on the use of the rented space in the scope necessary to accomplish these repairs.
5.7 The Tenant may not conduct construction work or make other substantial changes to the rented space without the Landlord’s prior approval.
5.8 The Tenant commits to refrain from allowing third parties to use the rented space without the Landlord’s prior written approval.
5.9 The Tenant shall pay the rental charges in a full and timely manner.
5.10 The Tenant shall keep the rental space and adjacent areas clean and keep the space in a condition consistent with its intended use.
5.11 The Tenant commits to pay the Landlord for all damages caused to the Landlord by the Tenant or other persons in the rented space who are there to visit the Tenant, participate in an event organised by the Tenant, or for other reasons related to the Tenant itself.
5.12 The Tenant shall report any incident that may constitute an insurance claim involving the rental space to the Landlord immediately after it occurs.
5.13 The Landlord is not responsible for any loss, theft, damage, destruction or any other damage to items or personal belongings brought into Fabrika 48 by the Tenant or other persons who enter these spaces. An exception is granted for items left in the space designated and provided by the Landlord for such purposes and for which the Landlord is responsible for their closure and security, but only if the Landlord provides such space for this purpose.
5.14 The Landlord is not responsible for damage incurred by a Tenant as a result of the actions of other tenants and / or third parties.
5.15 The Landlord is not responsible for the purpose for which the Tenant uses the rented space and other space in the complex and is not responsible for the content of any events, conferences, presentations, workshops or other activities conducted by a Tenant.
5.16 The Tenant shall use the designated parking spaces located at Fabrika 48 when using a vehicle or motorbike. If a Tenant uses a parking space reserved for visitors and located in front of Fabrika 48, the Landlord shall charge the Tenant a fee of €6 including VAT per day. Parking spaces may be rented on a monthly basis for €60 including VAT per month.
5.17 The Tenant is fully obliged to comply with any generally binding legislation valid in Slovakia and accepts full responsibility for any breach of generally binding legislation valid in Slovakia that occurs as a result of its use of the rented space or in connection with its usage. Should the Tenant breach this obligation, the Tenant shall pay the Landlord for any damages incurred by the Landlord.
6. Occupational Health and Safety and Fire Protection
6.1 The Tenant is obliged to ensure and maintain compliance with its obligations under Act 314/2001 on Fire Protection, as amended. The Tenant commits to take all other necessary measures to prevent fire and other accidents and to comply with valid regulations in the other parts of the complex as well.
6.2 The Tenant shall comply and fulfil all obligations under occupational health and safety regulations and those related to the protection of property and hygiene requirements.
6.3 The Tenant is obliged to ensure and maintain full compliance with the provisions of Act 223/2001 on Wastes and its implementing decrees, as amended, pursuant to the generally binding regulation issued by the competent local authority, and compliance with Act 364/2004 on Water, as amended. The Landlord is not liable for damages incurred by the Tenant due to its failure to comply with such regulations. The Tenant shall reimburse the Landlord for all penalties and damage incurred by the Landlord as a result of failure to comply with such obligations.
6.4 If a fire occurs in any part of Fabrika 48, the Tenant is obliged to promptly report the incident to the fire reporting point, which is located at reception, by calling: 0908 048 488.
6.5 Any fire occurring at the Fabrika 48 complex will be announced by audible sirens, which mean all persons at the Fabrika 48 complex are to immediately leave Fabrika 48 using the designated egress routes and the nearest emergency exit.
7. Final Provisions/b>
7.1 Any changes hereto must be executed in writing to be valid.
7.2 The legal arrangement between the Landlord and the Tenant is governed by the Order or Agreement and the contents hereof, whereby the rights and obligations of the Agreement and herein are governed by Slovak law, and the provisions of Act 116/1990 on the Lease and Sublease of Non-Residential Premises, the Civil Code, as amended, and other generally binding legislation in particular.
7.3 Over the duration of their contractual arrangement as established hereunder, the Parties commit to inform each other promptly of any material circumstances that could have an impact on their ability to meet their obligations and liabilities under such contractual arrangement or contractual arrangements.
7.4 Documents are considered delivered on the date the postal consignment is received, or the date on which the consignment is returned to the other Party hereto as undelivered, undeliverable, or not accepted within the delivery period. The address of the registered office (or mailing address) specified in the Agreement shall be decisive for the purposes of delivery.
7.5 The Tenant declares and confirms upon signature below that it has been acquainted with the contents hereof and agrees that the contents hereof form a part of the contractual arrangement in the Agreement.
7.6 The Agreement enters into force and effect on the date of its signature by both Parties.
7.7 These T&C enter into force and effect on 14 June 2021
In Košice, 14 June 2021
Ing. Peter Jochmann