General Terms for shared office spaces

Services included in your fee

1. Provision of furnished workspaces

The company called Cow wow undertakes to provide you with an individual workspace of the “nomad” type according to the package selected in relation to workspaces that are vacant on the date at which you apply. The nomad space refers to a specifically designated space among the workstations available on our website.

2. Provision of services

Cow wow undertakes to provide you with the services described in the package you select. You will benefit from additional services under the Special Terms if you have opted for them. Any request for services outside of the hours displayed will be subject to the prior approval of Cow wow and will entail a special additional fee.

3. Licences, software, Internet

It is the Client’s responsibility to supply all the equipment necessary for access to the internet service and its use. It is the Client’s responsibility to ensure that his equipment is compatible. Cow wow does not guarantee the availability level of the Service and furthermore does not guarantee that the Service is free from error or adapted to a specific use or that the system is secured. The Client shall assume full responsibility thereof and any risks related to use of the Service. Cow wow will always do its best to make the Service available. However, the Service may be interrupted or reduced due to repair or maintenance works, limitations/defects in the equipment or transmission, and problems related to our internet network or due to an emergency. Cow wow is not responsible for the Client’s data, messages or pages that may have got lost or sent to a wrong address on account of problems related to interruption or functioning of the Service. Cow wow reserves the right to suspend the Client’s access to the Service immediately and without notice, should Cow wow suspect the Client of not complying with the General Terms and the Policy of proper use or for any other reason if the Client’s use of the Service is likely to damage Cow wow’s systems. The network speed is not an indication of the rapidity with which the Client’s peripheral sends and receives data. The real speed of the network will vary depending on the network configuration, compression and traffic. The accuracy, dispatch and reception in real time of data is not guaranteed and the Client accepts that delays or omissions may occur. The Service is provided to the Client on condition that : a) the Client does not use the Service for illegal, immoral or improper purposes; b) the Client does not use the Service in any shocking or indiscreet manner; The uses stated herein include, in particular, dispatches, transmissions, on-line publishing, downloading or any other means used for circulating illicit, fraudulent, defamatory, threatening, unpleasant, obscene, hateful, injurious or harmful content (including viruses, corrupted files or any other similar software or programmes), or furthermore, content that would violate the privacy of others or any other use that Cow wow deems inacceptable; c) the Client does not intentionally act in a manner or authorise others to act in a manner likely to compromise the functioning of the Service or Cow wow systems; d) the Client does not use the Service to access or use content that violates the rights of others; e) the Service is used in compliance with the rules of fair use guidelines of third parties or any other applicable internet standards (as the case may be); f) the Client does not use the Service to send or post unsolicited emails online except if he is authorised to send marketing material in accordance with the Confidence in the Digital Economy Act (2004) along with any future regulations that transpose the terms of the European Directives regarding privacy protection in the field of electronic communication; g) the Client abstains from creating, transmitting, saving, publishing or posting online whether intentionally or owing to negligence, electronic content (including but not limited to files containing viruses, corrupted files, Trojan horses or other similar programmes or software) likely to interrupt, damage, destroy or limit the functionality of the software or telecommunication material or equipment belonging to Cow wow or any other Internet or third party user; h) the Client does not use the Service to carry out activities that impinge on the privacy of others, causing unnecessary inconveniences or concern to any person, or activities that violate the rights of others, including downloads, installation or distribution of software that is pirated or granted in an improper manner, deletion of copyright or legal or intellectual property information contained in the files posted online, falsification of the origin or source of software or of any other document; i) the Client does nothing or authorises nothing that could disrupt the Service or the Cow wow network or cause a host or network failure; j) the Client does not make excessive use of the network or does not cause an abnormal overload of the network, for example by sending or receiving a large quantity of emails or unreasonably sized attachments or by distributing, downloading or sharing excessive volumes of data; k) the Client complies with the terms of the proper use Policy and ensures that all third parties using the Service via the Client account does the same. The Client undertakes not to re-sell any part of the Service whether for profit or for any other reasons. The Client acknowledges that the right to use the Service is strictly personal and that he is not authorised to assign this right to any third party. The Client agrees to take all necessary measures to safeguard and protect the data on his computer systems, and especially to take measures, in addition to those already provided in the Service, in order to protect his computer systems from viruses, Trojan horses, malicious software and other threats to his property. Cow wow reserves the right to limit the Client’s connection speed or end his session if Cow wow deems that the level of use of the Service is excessive thereby penalising other users. Cow wow reserves the right to block certain incoming and outgoing traffic ports particularly: H323, Napster_8888, Nbdatagram, Nbname, RealPlayer-grp, TCP-135, TCP-139, TCP-1433, TCP-1434 et UDP-1434. Cow wow has no control over the data or content which the Client accesses or that the Client receives via the Service and Cow wow will not in any way be liable on account of this data or content. Internet carries non-edited content that could be of a sexual nature and likely to shock the Client. Cow wow has no control over such content and refuses all responsibility thereto. Cow wow does not edit the content of third-parties accessible via the Service and is not responsible for opinions, advice, declarations, services and other information provided by third parties and accessible via the Service. It is for the Client to evaluate the content to which he has access. It is the Client’s responsibility to assess the value and integrity of the goods and services offered by third parties and accessible via the Service. Cow wow will not be involved in any transaction related to third party goods and services and its liability shall not be incurred in this respect. It is the Client’s responsibility to pay for all expenses invoiced by third party suppliers linked to the sites, products or services that the Client consults, uses or buys via the Service. Should the Client opt to use the Service to access websites or content provided by third parties or to buy products from third parties, his personal information may be communicated to third party suppliers. The Client’s personal information that is processed and used by third parties in relation to their respective services are governed by their own rules and Cow wow has no responsibility as regards these rules or their compliance by others. The contract herein allows access to the reserved workspace solely to the person having signed this Contract on an exclusive basis. Access to the workspace may not be assigned, sold leased or granted under any form whatsoever to any other party whomsoever.

4. The nature of your business

You may use the premises only for administrative or office purposes and solely in the context of your business stated in the Contract or any other activity that we may have specifically authorised at a later date. The use of individual workspaces or meeting rooms for retail sales or involving frequent visits by the public is not authorised. You must spontaneously inform us of any change in contact details in relation to those mentioned in the Special Terms.

5. Your name and address

You must not display any signage in the collective workspace nor in the workspace allocated to you.

6. State of the Premises

You must take care of the collective and individual workspaces, meeting rooms, common areas and their equipment, installations and furniture you use. You must not damage them. You are responsible for any damage you may have caused to the collective and individual workspaces, meeting rooms, common areas and their equipment, installations and furniture.

7. Furniture and equipment in the individual workspaces

You must not install any furniture or other office equipment, cables, computer or telephone connections without our consent, which may be refused at our entire discretion.

8. Keys and safety

Any key or access card that we provide to you will always remain our property. You may not make any copy or allow any person whosoever to use them without our consent. You must promptly inform us of any loss and you will have to pay the replacement cost of keys and cards and/ or locks if necessary. You will not have access to individual or collective workspaces outside opening hours.

9. Compliance with laws in conducting your business

In the context of your business, you are obliged to comply with all laws and provisions in force. You must not do anything that is illegal. You must not do anything that could interfere with the use of workspaces by other clients or third parties. You must not cause any nuisances or troubles for the neighbours or cause loss or damage to us or any person having an interest in the building where the collective workspace is located in any manner or in any form whatsoever or attempt to gain unauthorized access to computer networks, steal or acquire personal data or resort to hacking.

10. Compliance with internal regulations

You must comply with all internal regulations in force that we generally impose on collective workspace users, whether in terms of health, safety, fire prevention or any other fields.

11. Insurance

We will not be held liable for any theft occurring in the workspaces available to you. It is your responsibility to insure your property that you bring to the common and individual areas and also carry civil and /or third party liability insurance. Methods of provision of services

12. Access to your individual workspace

Your individual workspace will in no way be partitioned. Any person will therefore have access thereto at any moment. Under these conditions, we cannot implement any safety procedure to warranty the confidentiality of your business. Except in the case of emergency and in so far as possible, we will endeavour to inform you in advance should we require access to your personal workspace to carry out tests, repairs or work other than routine inspections, cleaning or maintenance.

13. Start of your Contract

If for any reason whatsoever, we are unable to provide your individual workspace on the date stated in your Contract, we will not be held liable for any loss or damage towards you, but you may terminate this Contract without payment of compensation by either party. In this case, we will not charge you any fee until a workspace becomes available and is at your disposal.

14. Suspension of service provisions

We may suspend, by giving notice, our provision of services (in particular, access to the premises) in all cases of force majeure and particularly on account of political instability, strikes or any other event outside our control, in which case payment of fees will also be immediately suspended for the same period.

15. Our liability

Cow wow not be liable for any loss resulting from our failure to provide services on account of breakdowns, strikes, delays, shortage of staff, termination of our rights over the building where the work space is located, all of which except in the case of negligence on our part. We cannot be held liable for any failure until you have informed us thereof, and have been given sufficient time to remedy the problem. You acknowledge that we will not be liable for any loss, damage or complaint except in the case of a gross fault on our part; and that in the event of our liability being at cause, such liability will be limited to the terms stated in the paragraph below. We will not be held liable, under any circumstance, for any direct loss, business and profit losses, planed savings, damage or loss of data and complaints from third parties against such risks of loss, damage or liability. The sole obligations and responsibilities of Cow wow in relation to the Client are those set forth herein and exclude all other responsibilities and obligations. The client acknowledges that except in the case of death or physical injury resulting from negligence on the part of Cow wow, Cow wow will not be held liable whether on contractual grounds or tort in respect of a legal obligation, for negligence or other reasons, and this for any loss or damage resulting from or related to the Service and General terms, including losses due to loss or interruption of business, loss of revenue, profits, commercial information, goods, contracts, use of the Service, or further still due to the loss or corruption of information or data or any other pecuniary loss, and this even if Cow wow was informed of the possibility of such loss or damage. Cow wow will not be held liable for any lack of performance due in all or in part to an act or omission on the part of a carrier subcontractor, Service supplier or distributor, equipment or installation failure, network problems, inadequate coverage or network capacities, natural disasters, terrorist acts, strikes, emergencies, governmental measures or any other circumstance outside Cow wow’s control.

Your Contract

16. The nature of your Contract

The service Contract herein does not consist in a specific allocation of premises nor does it consist in sub-rental. Consequently, you expressly acknowledge, that you do not benefit from commercial ownership. Your Contract consists in a service provision contract that gives you access to an individual furnished workspace that is not partitioned and to collective spaces, along with various services. We do not give you any rights over ownership, but solely the right to use the collective and individual workspaces together with the possibility of availing of different customised services. Your Contract, as far as you are concerned is intuitu personae and you cannot assign it to a third party. The Service Provider may at any time assign the rights of this Contract, along with the obligations incumbent on him. Furthermore, this Contract does not include domiciliation. Consequently, the Client cannot elect domicile of the company’s registered office at this address, subject to the express reserves that the Service Provider has obtained the corresponding administrative authorisation in advance and the consent of the Service Provider. In this case, the Client should have subscribed to the payable option regarding domiciliation of his company’s registered office. The Client is allowed to receive mail on his website and solely during the term of this Contract and, in the event of domiciliation within the meaning of the previous paragraph, during the entire term of this domiciliation.

17. Duration

Your Contract is entered into for the duration set forth in the Special Terms. Upon expiry thereof, the Contract will automatically end without any formality whatsoever, unless the Client has opted for tacit renewal in advance. Except in the case of tacit renewal selected in advance by the Client, only the execution of a new Service Provision Contract will enable the Client to benefit from a new right of access to an individual workspace and services subscribed. In the event of tacit renewal of the Contract, the Client may terminate the Contract by email to the address: info@cowwow.fr not later than five (5) working days prior to its expiry. If the Contract consisting in the tacit renewal option is not terminated in accordance with the procedure and timeframe set forth herein, the Contract will be automatically renewed and for a duration not exceeding, in any event, twenty-four (24) months from its effective date.

18. Termination of your Contract

You may not terminate your Contract before its term on any grounds whatsoever. The entire fee will be due for the full duration of the Contract as provided in the Special terms, subject to the provisions of article 21 below.

19. Immediate termination of your Contract

The company Cow wow may terminate your Contract immediately and by registered letter with acknowledgement of receipt, if: you fail to pay your fees, you become insolvent, you have not honoured any one of your obligations without possibility of remedy, your conduct or the conduct of any third party introduced by you, is incompatible with the normal use of the collective or individual workspaces.

20. At the end of your Contract

At the end of this contract, you agree to immediately leave the individual and collective workspaces and in the condition you found them on your arrival. We will invoice you for any costs we deem reasonable in order to restore your offices to their original state. We will also invoice you, if required, a cleaning charge based on rates on the day of your departure. If you leave any of your items, we will discard them as we deem fit (including sale of the items) without being liable to you.

21. Confidentiality

The terms of this Contract are confidential. Neither of the parties shall breach the confidentiality herein without the consent of the other party except in the case of legal obligation or order from an official authority. This obligation remains applicable after the term of this Contract (see confidentiality clauses).

22. Compensation

You must indemnify and hold us harmless against any complaints, claims damage and losses: as regards injuries or damage that could occur in the collective and individual workspaces you use, that could be caused by a third party as regards use of your office, if you do not comply with the terms of your Contract. You undertake to pay all of the costs including the legal fees incurred by us for the enforcement of your Contract.

23. Personal data protection

We reserve the right to process, disclose and transfer personal data (including in countries outside the EU) concerning you or in relation to you provided that we take measures deemed adapted to warranty that such data is only used for the following purposes: to enable us meet our obligations by virtue of this Contract, to conduct work assessments and prevent fraud, to provide information on new products and services that we offer or that are offered by other companies that we think could be of interest. The personal data we collect is subject to the provisions of law 78-17 of 6 January 1978 called “Loi Informatique et Libertés” (Data Protection Act) This law entitles you to a right of opposition, access and rectification pursuant to the provisions of the said law. You can also object to the transfer of data concerning you if expressly requested in writing. You acknowledge that countries outside the EU may not have legislation covering personal data protection.

24. Applicable law and courts having jurisdiction

The general terms herein shall be interpreted and governed by French law. Cow wow and the Client acknowledge: That any dispute arising herefrom shall be settled exclusively by the courts falling under the jurisdiction of the Court of Appeal of COLMAR (France). In the event that one of the provisions of these General terms is deemed invalid or inapplicable by virtue of the law in force, the aforesaid invalidity or inapplicability shall not affect the validity of the other clauses. The term “fee” as set out in the clauses hereafter, applies to the fee for an individual workspace, access to the collective workspaces, customised services and various services included in the service package you have selected.

25. Fee

The fee for your individual workspace, access to collective workspaces, customised services and different benefits included in your selected package (subject to VAT payment) is payable in advance. In the event of tacit renewal, all payment must be made by direct debit not later than five (5) working days prior to the renewal hereof (cf. direct debit authorisation form attached) on a bank account opened in France or by irrevocable transfer for the duration of the Contract given to the institution holding the account if it is abroad. Where payment is not made within the five (5) working day time limit, this Contract will be automatically terminated without being subject to any formalities.

26. Customised services

Customised services at the rate in force will be payable in advance, that is, prior to the delivery of said services and according to the same procedure hereinabove.

27. Default interest

Interest, at the monthly rate of 2.5 will be automatically charged for invoices not paid on time. In the event of a partial disagreement over an invoice, you agree to settle the part that is not at dispute within the required time limit. We also reserve the right to suspend provision of our services (including access to your individual workspace) if you do not meet your obligations under the Contract. The fact that Cow wow fails to or delays in exercising or enforcing any right or advantage agreed to herein shall not be interpreted as a waiver of such right or advantage and will not prevent Cow wow to do so at another time.

Cow wow may from time to time (without informing the Client) analyse, record or check the Client’s use of the Service, if necessary, to ensure that the Client is complying with the laws and regulations, or in the event of an order from a court or any other competent authority, or for the purpose of an internal control to ensure that the Client is complying with the terms herein.

In the event of any dispute regarding the interpretation hereof, the original French Contract shall be considered the official version.