These General Terms and Conditions apply to the Services Agreement (including the Registration Form attached to this Services Agreement (the “Registration Form”)), together with any annexes or attachments thereto (as may be amended or supplemented, the “Agreement”), entered into between JUST CAPITAL SRL, with its registered office at strada Strada Nerva Traian, nr. 27-33, birou 6, scara B, etaj 1, Bucuresti 031044, Romania, registered with the Bucharest Trade Register under number J40/11260/2022, Unique Registration Code 46297067 (“HUBit”), and the Client named in the Registration Form (the “Client”), concerning the offices/workstations specified in the Registration Form (the “Office”), situated at the location indicated in the Registration Form (the “HUBit Offices”).
Capitalised terms used in these General Terms and Conditions that are not defined herein shall have the meaning given to them in the Registration Form. In the event of a conflict between the terms of the Registration Form and these General Terms and Conditions, the terms set out in these General Terms and Conditions shall prevail, unless otherwise notified in writing by HUBit.
Subject to the terms and conditions of this Agreement, HUBit shall use commercially reasonable efforts to provide the Client with the following services (the “Services”):
The Client shall have 24/7 access to the HUBit Office, subject to and in accordance with the policies and regulations applicable to the building or development in which the HUBit Offices are located and/or the policies and regulations determined by HUBit, as applicable. HUBit staff shall be available Monday to Friday, between 09:00 − 18:00, except for public holidays applicable in the state and municipality in which the HUBit Offices are located and other extraordinary events when the building is closed to visitors (the “Business Hours”).
The complete list of persons authorised by the Client to use the services (the “Authorised Users”) is specified in the Registration Form. The list of Authorised Users of the Services shall include only the Client’s employees or agents whose use of the office is intended to serve the Client’s business. The Client is responsible for updating the list of Authorised Users in writing and providing it to HUBit whenever it changes. Only the persons included in the list of Authorised Users are authorised to use the Services. If the number of Authorised Users exceeds the number of Authorised Users stated in the Registration Form, the Client shall pay an additional amount for each additional Authorised User as specified in the Registration Form. If this additional amount is not stated in the Registration Form, payment shall be determined in accordance with the HUBit rates applicable at that time. The Client shall not include in the list of Authorised Users any person who intends to use the Services for activities other than the Client’s authorised activities. The Client is responsible and liable for any and all acts or omissions of its Authorised Users. All Authorised Users agree in writing to comply with the terms and conditions of this Agreement, the Internal Rules of the HUBit Offices attached as Annex A, and the emergency procedures. The emergency procedures have been delivered to the Client in hard copy, and the Client expressly declares that it has familiarised itself with them and that they are deemed part of this Agreement. In addition, the emergency procedures may also be found on the HUBit website in the “EPCCode” section (Code of Ethics and Professional Conduct). The Client shall provide these procedures to the Authorised Users, arrange the necessary training and ensure that the Authorised Users comply with these procedures. The Client is solely responsible for any damage or harm caused/suffered as a result of failure to comply with the rules set out in the emergency procedures.
Clients sharing an Office shall be jointly and severally liable for all obligations under this Agreement, and each shall sign and submit this Agreement to HUBit. Each Client shall pay its share in proportion to the specified number of Authorised Users, or in another similar manner determined by the Clients and approved by HUBit. If a Client sharing an office leaves that Office, the other Clients may continue under this Agreement and pay their share of the Office in proportion to the new number of Authorised Users or, alternatively, terminate this Agreement by giving HUBit 30 days’ prior notice and vacate the Office, subject to and in accordance with the termination provisions of this Agreement. If a Client vacates a shared office, the remaining clients may assume the departing Client’s obligations towards HUBit, including, without limitation, payment of membership fees, from the date on which the office is vacated; otherwise, HUBit may introduce a new Client to share the partially vacated Office in place of the departing Client;
HUBit may change the location of the Office and provide the Client with an alternative Office in the same building, subject to 30 days’ prior written notice;
The systems and facilities of the building in which the HUBit Offices are located, such as air conditioning, heating and ventilation, shall operate during HUBit’s operating hours and in accordance with the building’s policies and regulations. HUBit is not responsible and shall not be liable for the operation of the building’s systems and facilities, any failure thereof, or any particular temperature within them.
The Client acknowledges that the provision of certain services inherently depends on the operation and functioning of third-party services and infrastructure, such as communications, internet, electricity and the like, which are not under HUBit’s control or responsibility. Accordingly, HUBit is not responsible or liable in any form or manner for any cessation, malfunction, interruption or failure of any infrastructure or third-party services on which the Services depend. Furthermore, no cessation, malfunction, interruption or failure of any infrastructure or third-party services shall release the Client from any of its obligations hereunder, including, without limitation, the obligation to pay the full membership fees, nor shall it entitle the Client to modify, change, suspend or terminate this Agreement. HUBit shall make every effort to have the supplier remedy the identified irregularities within a reasonable period of time.
Upon signing this Agreement, the Client shall make an advance payment equal to the membership fees described in section 2(C) below for two
(2) months, as specified in the Registration Form. The advance payment is non-refundable for any reason, except as stipulated in this Agreement.
When the provision of the Services begins, the advance payment shall become a security deposit intended to secure the Client’s performance of its obligations. HUBit shall be entitled to use the security deposit in the event of a breach of this Agreement by the Client or to offset any other amounts owed by the Client to HUBit. The balance of the deposit shall be returned to the Client within 60 days after termination of this Agreement, subject to the Client’s fulfilment of its obligations under this Agreement and provided that the Client has paid in full all amounts arising under this Agreement. HUBit is not obliged to keep the security deposit in a deposit account or in any separate or interest-bearing account, and these funds may be used by HUBit during the Term of the Agreement. The Client is not entitled to any interest on the deposit. HUBit shall be entitled to use the deposit to offset any amounts due and unpaid by the Client. Throughout the term of this Agreement, the Client is obliged to replenish the security deposit within 5 business days after HUBit has used funds from the security deposit as a result of the Client’s failure to comply with its payment obligations.
Throughout the entire term of the Agreement (as defined below), the Client shall be obliged to pay HUBit a fee, irrespective of whether the Client actually uses the Services. Membership fees are payable monthly in advance, no later than the third day of the month for which they are paid. HUBit shall issue the Client an invoice for the membership fees and any other payment that the Client is required to make under this Agreement.
Indexation. Membership fees shall be indexed annually on 1 January of each calendar year (the “Indexation Date”) to include an additional amount reflecting the percentage increase (the “Index”) (if applicable) over the preceding 12 months in the Harmonised Index of Consumer Prices − HCPI (2015=100), monthly reference (12 months − average rate of change), applicable to the EURO 27/28 Area (namely the total number of EU member countries), published on the EUROSTAT website (www.ec.europa.eu/eurostat) in December for the year preceding the indexation period. If the HCPI Index ceases to be published by Eurostat, another equivalent official European Union index shall be agreed by the Parties and shall apply to this Agreement. Indexation shall apply as follows:
The indexation clause shall take effect without HUBit being required to issue a specific declaration in this regard. HUBit shall make every effort to notify the Client in advance of the indexation of the membership fee. However, for the avoidance of doubt, indexation of the membership fee shall operate even in the absence of a notification from HUBit to the Client, such notification being sent by HUBit for information purposes only. Even if HUBit accepts or receives the membership fee without it reflecting the application of the indexation mechanism, HUBit shall in no way be deemed to have waived the increased amounts resulting from indexation.
The membership fee includes payment for use of the Office, the Common Areas and the Services, the pro rata share of real estate taxes applicable to the Office, building management charges, electricity and water consumption, and use of the public facilities made available by HUBit for the shared use of its clients (kitchen, hot and cold drinks, etc.);
Services exceeding the quantities specified in the Registration Form shall incur additional charges. Payment shall be made in accordance with the amount indicated in the Registration Form or, if no such amount is stated in the Registration Form, in accordance with the HUBit rates applicable at that time. HUBit shall make every effort to make the updated list of these rates available in the EPCCode (as attached as Annex A) and on the HUBit mobile application;
The Client shall pay all sales or use taxes, excise duties, corporate income tax, value added tax and any other taxes when they become due to any governmental authority;
If any payment is delayed by more than 3 business days of the month for which payment was due (“Late Payment”), in addition to any other right or remedy available to HUBit, HUBit may charge a late payment penalty equal to five percent (5%) of the total amount due (regardless of whether any partial payment has been made) for each day of delay. Without prejudice to any other right or remedy and in addition to any other right, any outstanding Late Payment shall accrue interest at one percent (1%) per month, calculated from the fifteenth (15) day after the payment due date until the date payment is made.
Payments under this Agreement shall be made by bank transfer, either by direct debit or by payment order, as specified in the Registration Form. In the case of payment by direct debit, upon signing this Agreement the Client shall provide HUBit with a payment order signed by the Client’s bank and in a form acceptable to HUBit. All payments to HUBit shall be made in immediately available funds to:
SECURITY DEPOSIT:
MONTHLY PAYMENTS:
HUBit may change the membership fee or the charges for any services at any time. Notice of changes to the membership fee or other charges shall be given sixty (60) days before the change takes effect and shall be published in the HUBit regulations. The Client shall confirm the new rates in writing by signing an updated version of the Registration Form;
In addition to all other remedies provided in this Agreement or available to HUBit under the law or under general law, HUBit may suspend the provision of any services to the Client or terminate this Agreement and prevent the Client’s access to the HUBit Offices if the Client fails to pay amounts due to HUBit;
The Client shall immediately notify HUBit in writing of the loss of the personal access card of the Client or any of its Authorised Users. In the event of loss, HUBit may charge the Client a fee of twenty-five euros (€ 25.00) to replace an access card and ten euros (€ 10.00) to replace a key. All keys and access cards of the Client and any of its Authorised Users shall be returned to HUBit immediately upon termination of this Agreement;
All fees and charges are payable in RON at the Euro/RON exchange rate communicated by the National Bank of Romania (BNR) on the invoice issue date. The Client shall make payment within 2 business days after receiving the invoice. HUBit shall not bear the risk of exchange-rate differences in the event of Late Payments and, accordingly, if the Client does not pay the invoice within the period specified in this Agreement, HUBit may, at its sole option, recalculate the payment due at the Euro/RON exchange rate published by the BNR on the date the Client makes payment and invoice the Client for the difference.
This Agreement shall enter into force and become binding only upon its signature by both parties and HUBit’s receipt of the full advance payment.
The term of this Agreement shall be the period designated in the Registration Form (the “Term”).
HUBit is not and shall not be liable to the Client for any delay in handing over the Office. In such a case, the Client shall not be obliged to make any payment (except the advance payment) until the Office is made available to it. If the Office is not made available to the Client within ten (10) business days of the agreed date, the Client’s sole and exclusive remedy shall be to terminate this Agreement by giving prior written notice and to receive a refund of all amounts paid by the Client to HUBit, including the advance payment.
Only HUBit has the exclusive right to terminate this Agreement immediately by written termination notice, without any other formalities or court intervention, in the following cases: (a) the Client becomes bankrupt, is insolvent, enters liquidation or is unable to pay its debts as they fall due; or (b) the Client or any of the Authorised Users breaches any of its obligations under this Agreement and the breach has not been remedied within fourteen (14) days after notification of the breach; or (c) the Client, the Authorised Users, any other person or any of their agents, employees, guests or permitted entrants acts in a manner inconsistent with HUBit’s codes of conduct or any other terms and conditions governing the Client’s use of the HUBit Offices, as determined at HUBit’s sole discretion; or (d) the Client or any of the Authorised Users or any of their agents, employees, guests or permitted entrants causes a nuisance to HUBit or any of its clients, unreasonably interferes with the business of HUBit or its other clients, creates a risk to the health or safety of any person, requires any other person to engage in unlawful activities, or engages in any
Unlawful, defamatory, slanderous, threatening, pornographic, harmful, hateful, racial, violent or offensive acts and unlawful conduct, or maliciously causes damage to HUBit, any client or tenant of the building or any other third party; or (e) the lease between HUBit and the owners of the HUBit Offices has been cancelled, has expired, or has been terminated or suspended for any reason; or (f) the Client has failed to make any payment due.
For fixed-term Agreements, early termination of this Agreement shall not affect any obligation assumed by the Client under this Agreement, including all payment obligations for the entire Term set out in the Registration Form, irrespective of whether HUBit has entered into an Agreement with another client for the relevant period. For the avoidance of doubt, in the event of such termination of this Agreement, whether or not the Client actually uses the Services, the Client shall pay HUBit, by way of damages, a fixed amount equal to the total of all amounts owed to HUBit under this Agreement, including, without limitation, all membership fees that would have become due until expiry of the Term of the Agreement.
Upon termination of this Agreement for any reason, the Client shall vacate the Office immediately and no later than the last business day of the final membership months, returning it in as good a condition as when received, except for normal wear and tear, and free of all persons and objects. HUBit shall be entitled to charge the Client the costs of cleaning or restoring the Office to its original condition when the Client vacates it. The provisions of this section also apply if the Client moves to another Office or another HUBit Office.
HUBit shall not be liable for any personal property left in the HUBit Offices by the Client, the Authorised Users or their representatives, agents, employees, guests or persons permitted access to the HUBit Offices. HUBit may dispose of such property to the Client’s detriment in any manner it considers appropriate, without being liable or otherwise responsible to the Client in respect thereof.
If the Office is not vacated at the end of the Term, the Client shall bear any and all damage or losses suffered as a result of the delay in vacating the Office, and HUBit shall be entitled to seek any other remedies available under the law or general law. If the Client does not vacate the Office at the end of the Term with HUBit’s permission to remain, the Client shall owe a membership fee equal to two hundred percent (200%) of the membership fees incurred in the last month of the Term.
For a period of three months after the end of the Term, HUBit shall continue to receive the Client’s emails in the manner established in this Agreement as applicable during the Term; however, HUBit shall not be obliged to notify the Client of their receipt. It is the Client’s sole responsibility to check or collect any such communications. HUBit may charge a fee for these services, in addition to the payment established in this Agreement, at the fixed rates applicable at that time. After expiry of the three-month period, HUBit shall no longer be responsible for providing these services, unless otherwise agreed in writing by HUBit and the Client.
The Client shall not make any alteration or change to the Office, including bringing additional furniture, equipment or decorations into the Office or installing satellite, microwave or parabolic antennas, technological or telecommunications cables and lines in the Office, without HUBit’s prior written consent, which may be granted or withheld at its sole and absolute discretion.
The Client shall use the HUBit Offices in accordance with customary practice, maintain them in good condition throughout the term of this Agreement and repair any damage for which the occupier is responsible in accordance with Article 1802 of the Civil Code, as well as any damage caused to the HUBit Offices through the fault of the Client (including its Authorised Users, etc.) as a result of improper conduct, negligence, breach of this Agreement or breach of the law; − the Client may not seek reimbursement from HUBit for such repairs.
The Client is not entitled to carry out any repairs that should be performed by HUBit. If such a repair becomes necessary, the Client shall immediately notify HUBit so that it may be carried out.
If the Client carries out such repairs, it shall not be entitled to seek reimbursement of the costs of those repairs from HUBit.
Neither the Client nor any of its Authorised Users shall engage in acts that may be destructive, unlawful, defamatory, slanderous, threatening, pornographic, harmful, hateful, racial, violent, immoral or offensive, acts likely to cause disorder, or any acts that cause problems or disturbance. The Client agrees to act in accordance with HUBit’s regulations and codes of conduct and the Internal Rules, as well as the regulations of the competent authorities, where applicable, all of which form an integral part of this Agreement. A copy of HUBit’s regulations and codes of conduct and the Internal Rules (“EPCCode”) shall be published on the HUBit website or sent to the Client by email and shall also be available for consultation at the HUBit Offices.
The Client shall refrain from any conduct within the Office that may cause a nuisance or any other discomfort to persons or property in the HUBit Offices, or that otherwise unreasonably interferes with the business of HUBit, HUBit’s clients, the owner of the building in which the HUBit Offices are located, or other tenants in the building.
The Client and the Authorised Users shall not allow any guest, visitor, agent, employee, invitee, supplier or contractor to breach the provisions of this Agreement or any law, rule or regulation. The Client and the Authorised Users shall ensure that all equipment brought into the HUBit Offices by the Client or its Authorised Users complies with all applicable safety rules and standards, is used correctly and appropriately, and is operated in good and safe condition. Any such equipment brought into the HUBit Offices by the Client or its Authorised Users shall be used under the Client’s sole responsibility and liability.
The Client shall not place any signs in or near the Office other than those placed in the locations, in the manner and with the dimensions approved in writing by HUBit. HUBit shall grant such approval at its sole discretion.
The Client acknowledges that HUBit or its agents may take photographs of the HUBit Offices and the Client’s Office, which may or may not include persons, including the Client or its Authorised Users. Under this section, the Client authorises HUBit to use such photographs and images for its advertising, marketing, promotional services or other similar uses.
A Client with a dedicated desk in the open-plan area is obliged to clear its belongings from the Office immediately whenever it is not using that Office. The Client’s property shall remain under the Client’s sole responsibility and liability.
HUBit is authorised to publish the Client’s name and use its logo and registered trademarks on the HUBit website, mobile applications and other advertising on its behalf, and in confidential materials prepared for shareholders/members/prospective investors and creditors. The Client may not use images or illustrations of the HUBit Offices in any form of publicity, advertising or for other purposes without HUBit’s prior written consent.
The Client agrees to receive emails and communications from HUBit that may contain promotional content. The Client may opt out of receiving such promotional messages from HUBit by following the instructions contained in those messages. If the Client opts out of receiving promotional messages, HUBit may continue to send the Client informational communications, such as those concerning the client account, the services requested by the Client or HUBit’s current activities. In this section
“Client” also refers to the Client’s employees or agents, Authorised Users and any other affiliated persons.
The Client acknowledges that it is aware that HUBit may organise events in the open-plan area at any time, at its sole discretion. Neither the Client nor its Authorised Users shall have any claim in this regard. HUBit may stop providing the Services, restrict access to the open-plan area and move furniture as it sees fit for this purpose. The Client may not host any public event at the HUBit Offices without HUBit’s prior written consent. To obtain such consent, the Client shall send HUBit a notice and provide all necessary documents.
“Client” also refers to the Client’s employees or agents, Authorised Users and any other affiliated persons.
The Client shall not use the HUBit name or trademark in any manner in connection with the Client’s business without HUBit’s express written consent.
The Client acknowledges and agrees to provide its name and contact details to third parties, contractors and service providers with whom HUBit has entered into contracts for the purpose of obtaining benefits or other services for its clients. The Client may notify the relevant third party and request removal of its contact details from the email mailing list.
The Client, on its own behalf and on behalf of other persons or entities acting on its behalf, including Authorised Users, the Client’s employees and agents, invited guests, suppliers and permitted entrants, hereby irrevocably releases, waives any claims against and discharges HUBit, the owner of the building in which the HUBit Offices are located, and their directors, administrators, partners, shareholders/associates, members, parent companies, subsidiaries, affiliated entities, representatives, employees and agents from any and all claims, counterclaims, liabilities, losses, damages, demands, breaches of the Agreement and of obligations or any other relationship, and any and all costs, debts, sums of money, accounts, compensation, disputes of any type, kind, nature, description or character, and expenses of any nature, whether determined or undetermined, court actions, known or unknown, filed or potential, based on law or general law, direct or indirect, past, present or future, due or not yet due, and regardless of how or for what reasons they arise (whether known previously or now, unknown or discovered in the future), or which could or may be alleged to exist, of any kind, name or character, and which in any way arise from or relate to acts, omissions, abuses of power or breaches of the law connected with or arising from this Agreement and/or the HUBit Offices, including, without limitation, any bodily injury or damage, destruction, theft or loss of property or bodily injury, all to the fullest extent permitted by law, irrespective of whether such loss or destruction results from improper functioning of the building or any of its other systems. The Client agrees and acknowledges that HUBit is not responsible for insuring the Client’s property or against any kind of injury and shall not be responsible or liable for any damage, harm or loss of any kind.
The aggregate financial liability of HUBit or its directors, administrators, partners, shareholders/associates, members, parent companies, subsidiaries and affiliated entities to the Client, the Authorised Users or their directors, administrators, partners, shareholders/associates, members, parent companies, subsidiaries and affiliated entities, for any reason and for any activity, shall not exceed the total membership fees actually paid by the Client to HUBit under this Agreement. HUBit and its directors, administrators, partners, shareholders/associates, members, parent companies, subsidiaries and affiliated entities shall not be liable in any manner for any indirect, incidental, punitive, contingent or special damage, lost profits, loss of business opportunities or interruption of business in connection with any matter arising from this Agreement, and the Client waives any rights it may have in relation to such damage under this Agreement in the event of a breach or fault by HUBit under this Agreement. The Client may not commence any action or proceedings against HUBit or any of its directors, administrators, partners, shareholders/associates, members, parent companies, subsidiaries or affiliated entities, whether such action is based on contractual liability, tort or otherwise, unless the action, lawsuit or proceedings is commenced within one year from the date on which the cause of action arose.
The Client shall indemnify HUBit and its directors, administrators, partners, shareholders/associates, members, parent companies, subsidiaries and affiliated entities in respect of any claim, liability and expenses caused by any breach of this Agreement, by acts or omissions, by the Client, any person or entity acting on its behalf or any of the Authorised Users. The Client is solely responsible for the actions of and all damage caused by any third party invited to the HUBit Offices by the Client, the Authorised Users or their directors, administrators, partners, shareholders/associates, members, affiliated companies, subsidiaries and affiliated entities, and by visitors, employees, agents, suppliers and contractors (“Client-Affiliated Persons”). The Client releases HUBit from any liability arising from any act or omission of Client-Affiliated Persons. The Client shall indemnify HUBit and its related entities in respect of all obligations, expenses, damages or other matters of any nature arising from any claims or demands by the Client’s employees, contractors or any third party relating to or resulting from any act or omission of Client-Affiliated Persons.
This Agreement is subject and subordinate to the lease entered into by HUBit with the owner of the building in which the HUBit Offices are located, and to any other agreements to which that lease is itself subordinate. In the event of a conflict between the provisions of this Agreement and those agreements and regulations, or any other relevant agreement, the provisions of those agreements and regulations shall prevail. If the lease terminates for any reason, this Agreement shall terminate on the same date, and the Client shall have no further claims in this regard. Neither the Client nor its Authorised Users shall take or permit any action, or failure to take action, that would cause a breach of HUBit’s obligations as tenant under the lease.
The Client understands and agrees that animals, birds or pets of any kind are not permitted in the HUBit Offices or the Office without HUBit’s prior written consent. The Client is solely responsible and liable for any and all damage caused by any animals, birds or pets of any kind brought into the HUBit Offices or the Office by the Client, the Authorised Users or any Client-Affiliated Person.
HUBit does not control and is not responsible for the actions of other clients. In the event of a dispute between clients or between Client-Affiliated Persons, HUBit shall have no responsibility or obligation to participate, mediate, take action or compensate any parties in connection with that dispute. The Client, on its own behalf and on behalf of the Authorised Users, hereby releases liability and irrevocably waives any claim, demand or other cause of action arising from any act or omission of any party other than HUBit.
During the Term of this Agreement, the Client is solely and exclusively responsible for obtaining and maintaining, at its sole expense, an insurance policy and a civil liability insurance policy covering the Client and the Authorised Users for losses and property damage, injury to the Client, the Authorised Users, Client-Affiliated Persons and their guests, and to prevent use of or access to some or all parts of the HUBit Offices or the building or complex in which they are located. HUBit shall be named as a co-insured and beneficiary of these insurance policies. The Client shall have no claims against HUBit in this regard and releases HUBit from any form of liability or legal responsibility in connection therewith. HUBit shall have no obligation to verify the existence or insurance conditions of the Client’s policy, but the Client shall provide evidence of such an insurance policy at HUBit’s request.
HUBit shall have a right of access to the HUBit Offices and the Office without prior notice for maintenance, security or safety purposes. In such cases, HUBit may temporarily move furniture.
Neither party shall be deemed, by any act or omission, to have waived any rights or remedies, unless such waiver is made in writing and signed by the waiving party.
The Client acknowledges that it is aware that, if HUBit is required by law to provide an authority with information about the Client or the Authorised Users, HUBit is entitled to do so, and neither the Client nor its Authorised Users shall have any claim in this regard. The Client also agrees to comply with HUBit’s compliance requirements as notified from time to time, including providing appropriate identification details (as determined by HUBit in its sole and absolute discretion) for the purpose of satisfying your requirements as a HUBit client.
This Agreement grants the Client only a revocable right to use the Office and to receive the Services, as specified in this Agreement. No tenancy relationship shall exist between the parties, and the Client shall not be deemed to have been granted a lease, a right to use real property or any other real property right, or any title, easement, encumbrance, possession or related rights in the HUBit Offices or in any other property.
The Client shall use the Common Areas temporarily, reasonably and without interfering with their use by any other person. The Client shall not store any personal property or materials in the Common Areas.
The Client acknowledges and agrees, on its own behalf and on behalf of its Authorised Users, to the possible installation of video cameras in the Office, the Common Areas and the open-plan area, the existence and location of which shall be determined exclusively by HUBit. The Client shall not request, and HUBit shall have no obligation to retain or provide to the Client, any photographs of the HUBit Offices, photographic recordings, videos or other security camera footage.
HUBit may collect, process, transfer and secure personal information about (i) the Client, (ii) its Authorised Users and/or (iii) any of their guests, visitors, agents, employees, invitees, permitted entrants, suppliers or contractors (the “User(s)”), in accordance with the terms of HUBit’s privacy policy, which may be accessed on the website: https://https://hubit.ro/ , and in accordance with all applicable privacy and personal data protection laws. No User is obliged to provide HUBit with personal data, and any personal data of a User collected by HUBit shall be provided by that User voluntarily and with their consent (which, where the Client is a natural person, is given by signing this Agreement). The Client hereby undertakes (i) to inform all new and existing Users of the provisions of this section and the Privacy Policy,
The Client may not assign its rights, duties or obligations (or any part thereof) arising under this Agreement to any third party, or grant third parties any right of use in or concerning the Office or any of the Services, without HUBit’s prior written consent. For the avoidance of doubt, the Client may not sublet its Office or any part thereof. In the event of any such assignment or creation of rights, HUBit may terminate this Agreement immediately, in addition to any other means or remedy available. However, HUBit may assign or pledge its rights under this Agreement to any third party without the Client’s consent and shall notify the Client of such assignment.
The Client undertakes, during the term of this Agreement and for a period of 6 months after its termination, not to solicit or offer employment to HUBit’s directors, employees, subcontractors’ representatives or agents.
All notices shall be in writing and sent to the address or email address specified in the Registration Form. It is the Client’s responsibility to keep its address information up to date.
Neither party shall be liable for, or be deemed in default or in breach of this Agreement as a result of, any delay or failure to perform obligations assumed under this Agreement (except obligations to pay any amount of money owed to HUBit under this Agreement) caused by circumstances or conditions beyond the parties’ reasonable control that cannot be overcome by either party through the exercise of reasonable diligence, provided that the affected party makes every effort to resume normal performance of its obligations.
Each provision of this Agreement is deemed severable. To the extent that any provision of this Agreement is prohibited, this Agreement shall be deemed amended to the minimum extent possible in order to maintain its validity in accordance with applicable law.
All provisions of this Agreement expressly stated or reasonably presumed to survive termination of this Agreement shall survive its termination.
No provision of this Agreement shall be deemed to create or establish an employment, intermediary, association or partnership relationship between the parties or any of their agents or employees, or any other legal relationship that would make one party liable for the acts or omissions of the other party.
Under this section, the Client represents and warrants that it has not used the services of any broker or real estate agent in connection with this Agreement, except sales agents acting on behalf of HUBit. The Client hereby undertakes to indemnify and defend HUBit against any claims arising from a breach of any warranty or representation in this section. The provisions of this section 35 shall survive termination of this Agreement.
The parties shall make every effort to settle amicably any dispute, controversy or disagreement between them arising out of or in connection with this Agreement. Any dispute, controversy or disagreement arising out of or in connection with this Agreement, its performance or interpretation, or an alleged breach, error or misrepresentation concerning any of its provisions, which cannot be settled amicably, shall be submitted for final and binding resolution to the competent Romanian court at HUBit’s registered office.
If any court action, litigation or proceedings is commenced to interpret, enforce or annul this Agreement, or for any other purpose connected with this Agreement, the prevailing party shall be entitled to recover, in addition to any other award, reasonable legal expenses consisting of lawyers’ fees and other fees, costs and expenses of any nature related to the court action, litigation or proceedings, any appeal or appeal on points of law, and enforcement, as determined by the court.
All provisions of this Agreement are strictly confidential. The parties may not disclose any provision without the other party’s written consent, unless disclosure is required by law by a competent authority, provided that the other party is given 7 days’ prior notice (unless such notice has been prohibited by that authority). This obligation shall survive termination of this Agreement.
Where there is more than one Client, the obligations imposed by this Agreement shall be joint and several, divisible and indivisible. This Agreement may be executed in several counterparts in bilingual English−Romanian format, each of which shall be deemed an original and one and the same instrument. This Agreement contains the entire understanding of the parties concerning its subject matter, and no other representation, inducement, promise or agreement between the parties, whether oral or otherwise, that is not included in this Agreement shall have any force or effect. HUBit may amend these General Terms and Conditions at any time by giving the Client reasonable prior written notice and obtaining its consent.
All provisions of this Agreement expressly stated or reasonably presumed to survive termination of this Agreement shall survive its termination.
The Client expressly declares that it assumes the risk of changes to the circumstances taken into account when entering into this Agreement.
The parties declare that they have negotiated, read and understood the terms of this agreement and expressly accept that this document represents the will of the parties.
In the event of a discrepancy between the Romanian-language version and the English-language version, the English-language version shall prevail.
Clients shall pay HUBit an initial setup fee (the “Setup Fee”) of one hundred euros (€100.00) for each workstation used or to be used by the Client in the HUBit Office under the Agreement. The Setup Fee is payable for services provided by HUBit in connection with the Client’s initial setup, moving into and out of the HUBit Office, and the configuration of technological units and related services. If the Client requests additional workstations or moves to other offices or locations within the HUBit Offices, it shall be required to pay an additional Setup Fee for each workstation used by the Client in the new office or new location within the HUBit Offices. Each Setup Fee shall be paid in advance when the Client signs the Agreement and, where applicable, before the Client moves into the new Office. No Setup Fee shall be refundable for any reason other than those expressly provided in this Agreement.
IN AN EMERGENCY, CALL
Police 112
Emergency medical services 112
Fire service 112
FIRE
When you hear the alarm, go to the nearest fire exit and leave the building, following the instructions of HUBit staff at all times.
DO NOT use the lifts when the alarm sounds.
After leaving the building, go to the signposted assembly point in front of the building.
DO NOT re-enter the building until emergency personnel allow you to do so.
MEDICAL EMERGENCIES
Notify HUBit staff.
If you are certified in first aid and/or resuscitation, begin the procedure.
DO NOT attempt to move the person unless necessary.
SUSPICIOUS BEHAVIOUR
DO NOT PHYSICALLY CONFRONT THE PERSON.
DO NOT ALLOW ANYONE ACCESS TO A LOCKED ROOM OR BUILDING.
DO NOT BLOCK OTHER PEOPLE’S ACCESS TO THE EXIT. NOTIFY HUBIT STAFF IMMEDIATELY.
EVACUATION
When the alarm is activated, identify the nearest EXIT and leave the building. DO NOT assume that it is a drill.
DO NOT use the lifts and do not shut down your computer. Take only personal belongings that are within reach. Close the door behind you as you leave.
Follow the instructions of HUBit staff and emergency personnel.
