GENERAL TERMS AND CONDITIONS THE GREEN BOX
On all Agreements (including quotations, Services, Products, Platform) that you (User) have with Box Properties B.V. (trading under the name: The Green Box) the following general terms and conditions apply.
1. DEFINITIONS
The following definitions have the following meaning:
Account
The (private) account opened and maintained by the User on the Platform containing the relevant (NAW and payment) details of the User, which is accessible to the User with relevant login details (username and password).
Services
The services and activities offered by The Green Box – from time to time – including offering, facilitating, making available and/or reserving a co-working space, meeting room, managed office and the ordering of products.
Facility
The location, (work/meeting) space and environment where the Services and Products are available for use or purchase by the User (including associated facilities).
User
The legal or natural person (whether or not acting in the exercise of a profession or business) who enters into an Agreement with The Green Box and/or has registered on the Platform.
Agreement
Every registration, appointment, reservation, order or agreement between The Green Box and the Customer to which the Terms and Conditions form an integral part and apply.
Platform
The website and app of The Green Box on which the Services are offered (including the Account).
Privacy Statement
The privacy statement as applicable to the Users.
Products the products
Offered by The Green Box – from time to time – the Customer can order or purchase, including WiFi, office supplies (paper, pens, flipchart), means of communication (fax, video conference), presentation screens, beamer, printing facility, lunch (package(s)), coffee/tea/soft drinks and snacks.
Regulations
(Household) regulations, (extra) conditions, code of conduct or instructions from The Green Box with regard to (the use of) the Services, Products and the Platform.
Compensation
For relevant compensation and (additional/additional) costs for a Product or Service.
Terms
These terms and conditions, including the Privacy Statement and applicable Regulations (all as amended or supplemented from time to time).
2. AGREEMENT, TERMS AND APPLICABILITY
2.1 The Terms and Conditions apply to the legal relationship between the User and Box Properties B.V. (trading under the name The Green Box) and for the Services and Products as supplied and/or made available by The Green Box to the User or purchased, reserved or ordered by the User (including the use of the Platform and the Facilities).
2.2 By registering as a User at The Green Box, opening an Account, using the Platform and/or the Services and ordering, booking or purchasing the Products, you agree to and accept the Terms and Conditions that apply to this.
2.3 The User can enter into, make and conclude Agreement(s) via the Account on the Platform, whereby the relevant Fee(s) owed and any (additional) Regulations are displayed. By entering into the Agreement(s), the User accepts the Terms and Conditions and the Regulations and the relevant Fee owed.
2.4 The User will at all times comply with and follow any applicable Regulations (including applicable laws and regulations and instructions from The Green Box and the competent authorities) (regardless of whether these have been shown on the Platform).
2.5 The parties agree that the tenancy law (for business/office space) does not apply, and is explicitly excluded on the Services and Products.
3. ACCOUNT AND PLATFORM
3.1 In order to use the Platform, Facilities, Products and Services, you must log in to the Platform and create an Account. User declares to have completed the Account truthfully and completely.
3.2 The Green Box only provides the Account login details to the User (via the email address of the User known to The Green Box). If The Green Box has secured the Platform's software by means of technical protection, it is not permitted to remove or circumvent this protection.
3.3 The Green Box may assume that when an Account is logged in on the Platform, this action is performed by the User who has registered and will only be used for business purposes.
3.4 User knows that the use and possible misuse of the login details of the Account is at his/her own expense and risk. The user is advised to keep his/her login details as secret as possible and not to share them with third parties. If he/she hands over the login details to third parties, the User is fully responsible for any consequences and misuse thereof.
3.5 If, for whatever reason, The Green Box suffers damage as a result of the User providing the login details to third parties, the User is fully liable for this and the User will indemnify The Green Box against any claims, damage and costs.
3.6 The User will immediately inform The Green Box in the event of (suspected) misuse or loss of the login details or misuse of the Account.
3.7 The Green Box is at all times entitled, without stating reasons, not to grant a User an Account, to (temporarily) suspend the Account or User and/or to impose additional requirements for the granting of an Account.
3.8 The Green Box will do its utmost to ensure that the Platform is available as much as reasonably possible, but The Green Box makes no guarantees in this regard. The User accepts that the Platform (in whole or in part) may be unavailable due to malfunction, maintenance, update, upgrade, downtime, outage, interruption, bugs, errors or improper functioning (for whatever reason). The Green Box will maintain the Platform (announced and unannounced). If maintenance is expected to lead to a limitation of availability, The Green Box will try to carry it out when it is relatively quiet on the Platform. Maintenance in connection with malfunctions can take place at any time.
3.9 The Green Box may change the functionality of the Platform from time to time.
4. SERVICES, PRODUCTS, RESERVATION AND CANCELLATION
4.1 The Green Box is at all times entitled to adjust, expand, limit, change or suspend its Services and Products.
4.2 The Green Box can (temporarily) stop, block, change or limit the use or availability of a Service, Product, Facility or an Account (in whole or in part) if in its opinion there is one (or more) urgent reason(s) for this. Such as (a suspicion of) fraud, or (imminent) reputational damage, financial risks, security or safety risks, or when The Green Box is obliged or entitled to do so on the basis of applicable laws, regulations and regulations.
4.3 The User can reserve or order (or change or cancel) a Product or Service via the Platform (or if available via the reception in the Facility). The relevant Agreement (or cancellation or amendment thereof) for the ordered or reserved Product or Service will be confirmed to the User via email.
4.4 When cancelling a reservation with regard to a flex desk/co-working space, meeting room or managed office (the latter only if reserved for a period of one month or less), Greenbox applies the following cancellation conditions:
- In the event of cancellation more than 24 hours before the booked date, the User is not obliged to pay any compensation to the Green Box with regard to that reservation;
- In case of cancellation 24 hours or less before the booked date, the User is obliged to pay the full reservation value to The Green Box.
The above conditions apply regardless of whether the User has paid in advance or wishes to receive an invoice.
4.5 The Green Box makes every effort to provide the Service(s) and Product(s) to the best of its ability and with due care and craftsmanship.
4.6 The Green Box is entitled to engage third parties in the performance of the obligations arising from the Agreement.
4.7 The User is obliged to do all that is reasonably necessary and desirable to enable a timely and correct execution of the Service. In particular, the Customer shall ensure that all information, which The Green Box indicates is necessary or which the User should reasonably understand to be necessary for the performance of the Service, is provided to The Green Box in a timely manner.
4.8 In the event of violation by the User of the Regulations, Terms and Conditions, instructions from staff or applicable laws and regulations, The Green Box has the right to exclude or remove the User (including visitors and guests related to the User) from its establishment.
5. FEE, TRANSACTION FEES AND DEPOSIT
5.1 The costs and fees are due for the Services and Products as published by The Green Box on the Platform or shown in the Facility.
5.2 All prices are exclusive of VAT (unless stated otherwise) and subject to changes and apparent typing, typing or programming errors.
5.3 In the booking or reservation process, the electronic or PIN payment may be required for reservation and/or purchase of the relevant Product or Service.
5.4 Unless otherwise indicated or agreed, all invoices must be paid by the User within 30 days of the invoice date via the payment methods as provided in the invoice. If available, the User can also pay a payment transaction by means of a PIN payment at the location. The cancellation conditions also apply to this payment method.
5.5 For Agreements with a value from EUR 2500 (excluding VAT), The Green Box reserves the right to charge a 50% deposit. The deposit must be paid within 3 working days (but no later than before the relevant reservation date). In the event of late payment, The Green Box has the right to cancel the relevant Agreement.
5.6 Invoices will only be made available electronically.
5.7 In the event of late payment, in addition to the amount owed and the statutory interest accrued thereon, the User is obliged to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies. The Green Box is also entitled to refuse the User (in the future) in the event of non-payment.
5.8 The claim for payment is immediately due and payable in the event that the User is declared bankrupt, applies for a moratorium or if assets are seized in full, and furthermore, if it goes into liquidation or is dissolved. In the above cases, The Green Box also has the right to terminate or suspend performance of the Agreement or any part thereof that has not yet been performed without notice of default or judicial intervention, without the right to compensation for damage to the User that may arise as a result.
6. DISCLAIMER AND LIABILITY
6.1 The Green Box offers the Platform, Products, Services and Facilities "as is" and "as available". The Green Box does not guarantee the availability of the Service, Product or Facility. The User accepts that the use and enjoyment of the Products, Services and Facilities may be limited by (ad hoc, regular, planned or unplanned) cleaning, maintenance, repair and other (construction) work or fellow/other users. The Green Box will make every effort to limit or reduce any nuisance or nuisance as much as is reasonably possible.
6.2 The Green Box only accepts legal and contractual obligations to pay compensation insofar as this is apparent from this article.
6.3 The Green Box is only liable towards the User (a) in the event of an attributable shortcoming in the performance of the Agreement, or (b) in the event of an unlawful act attributable to The Green Box whereby damage or physical injury to persons has been inflicted. With the exception of its assistants or subcontractors, The Green Box is not liable for acts of or damage caused by third parties.
6.4 Damage is at all times limited to direct damage. Any liability of The Green Box for any other form of damage is excluded, including additional compensation in any form whatsoever, as well as compensation for indirect damage or consequential damage or damage due to lost turnover or profit, delay damage, reputation damage, damage due to loss of data, damage due to exceeding terms as a result of changed circumstances, theft, loss or damage to material and/or possessions. The Green Box accepts no liability for the behaviour and actions of fellow/other users of Facilities, Products or Services.
6.5 The amount of any compensation that can be reimbursed by The Green Box on the basis of the previous paragraphs is capped at the amount that is paid out by The Green Box's insurer. In the absence of insurance, or if the insurer does not pay out in any case, the liability for the total damage arising from or in connection with the Agreement is limited to the amount for the Service and Products involved in the damage. has been paid to The Green Box.
6.6 The obligation for The Green Box to compensate damage due to an attributable shortcoming in the fulfilment of an Agreement only arises if the User notifies The Green Box of the damage in writing within fourteen (14) days after the damage has occurred.
6.7 However, the liability limitations referred to in this article will lapse if and insofar as the damage is the result of intent or gross negligence on the part of The Green Box, or in the event of injury or death.
6.8 The user indemnifies The Green Box against all claims from third parties (including fines) with regard to compensation for damage, costs, fines or interest, related to the Agreement, Service, Product or Facility or as a result of a violation of these Terms and Conditions. , insofar as caused by or attributable to the User (or persons for whom he is responsible). None of the limitations of liability apply to this disclaimer.
7. INTELLECTUAL PROPERTY AND PRIVACY
7.1 The Platform, including the associated systems and software as well as all brand names, logos, content, information, images and design) are the intellectual property of The Green Box (or its licensors). These may not be copied or used in any way without written permission from The Green Box, except in cases where this is permitted by law. The User will always fully respect the intellectual property rights and all other rights of an exclusive nature of The Green Box and third parties.
7.2 The Green Box processes the personal data of the User (and its relevant guests and visitors) in accordance with the privacy and cookie statement published on the Platform. For the execution of the Agreement, the User hereby agrees to the processing of personal data in accordance with the Privacy Statement.
8. DURATION, CANCELLATION AND (CONSEQUENCES) TERMINATION
8.1 The user agreement that the User enters into with The Green Box by registering on the Platform, takes effect as soon as the User creates his/her account and then runs for an indefinite period.
8.2 The Customer is free to delete and/or cancel his Account at any time, which immediately terminates the user agreement. Each Party is entitled to terminate the user agreement with due observance of a notice period of 14 days, unless otherwise agreed. Any outstanding Agreements will be settled in accordance with the applicable agreements (including Conditions), unless otherwise agreed.
8.3 Notwithstanding the foregoing, the relevant Agreement that the Customer concludes with The Green Box by reserving or purchasing Services and Products ends at the moment that the obligations in this regard are mutually fulfilled and does not affect the applicability of the Conditions.
8.4 The Green Box may delete the User's Account if the User has not used the Account for eighteen months. In that case, The Green Box will first send a reminder email to the email address associated with the Account concerned.
8.5 If the Customer fails to comply with any of its obligations under the Agreement, The Green Box has the right to immediately terminate all Agreements concluded with the User concerned (including the user agreement) without a notice of default or judicial intervention being required and without prejudice to the right of The Green Box on compensation for any damage and costs.
8.6 In the event of termination or dissolution of the (user) Agreement, the following articles remain in force: 4.4, 5, 6, 7, 9.3, 11.
9. OTHER TERMS AND CONDITIONS
9.1 The Green Box may change these terms and conditions at any time. Changes also apply to Agreements that have already been concluded with (due observance of) a term of 15 days after announcement of the change on the Platform or by electronic notification. Changes of minor importance or as a result of changes in applicable laws/regulations can be made at any time. If the Customer does not wish to accept a change or addition, the User can immediately terminate the (user) Agreement.
9.2 If a provision of these Terms and Conditions is found to be invalid, this will not affect the validity of the other provisions. The invalid provision will be replaced by a valid provision that is as close as possible as the old provision.
9.3 Each Party will keep the contents and conditions of the (user) Agreement, including any confidential information obtained (including financial information) and the possible outcome(s) of disputes and mediation) in the strictest confidence and not share, publish, or otherwise disclose.
9.4 The Green Box is not obliged to fulfil any obligation towards the User if a circumstance beyond The Green Box's control prevents compliance. In the event of such force majeure – which in any case includes disruptions in the telecommunications infrastructure, the Internet, internal disturbances, mobilisation, war, quarantine, transport disruption, strike, exclusion, import and export barriers, business disruptions, supply stagnation, fire, flooding and non-performance of suppliers on whom The Green Box depends in the execution of an Agreement – the execution of the Agreement can be suspended, without this creating any obligation to pay compensation.
10. (INTERNAL) COMPLAINTS HANDLING SYSTEM AND MEDIATION
10.1 Internal complaint handling system
10.1.1 If the User is not satisfied with the way in which The Green Box performs its services or in the event of a dispute arising from this Agreement, the User can submit a complaint to The Green Box free of charge by sending an e-mail to info@thegreenbox.com.
10.1.2 Within a period of 5 working days after receipt of the complaint, as referred to in paragraph 1, a designated employee of The Green Box will contact the User by telephone or by e-mail to discuss the complaint and (try to) find a solution.
10.1.3 In the event that the User and the employee of The Green Box have not been able to resolve the complaint, the User can submit the complaint free of charge to the complaints committee of The Green Box ("the Complaints Committee") by submitting the complaint together with a proper reasoned explanation why the proposed solution is not sufficient by e-mail to: info@thegreenbox.com. The Complaints Committee consists of at least three employees of The Green Box and is chaired by a lawyer from The Green Box.
10.1.4 The Complaints Committee will make a decision in writing within a period of 10 days after a proper registration as referred to in paragraph 3, unless further investigation is necessary. If this investigation leads to an extension of the term, the Complaints Committee will inform the User accordingly.
10.1.5 If the User does not agree with the decision of the Complaints Committee, he can turn to one of an external and independent mediator in accordance with article 10.2.
10.2 Mediation
11.2.1 Before taking a Party into court, each Party may submit a dispute to an external, independent mediator jointly or more closely designated by The Green Box by the Parties, and who is registered with MfN, provided that (in the case of the User as complainant/claimant) the User has gone through the procedure of Article 10.1 of these Terms and Conditions.
10.2.2 The rules, procedure and costs of the mediation are set out in MfN regulations. In principle, the costs will be shared equally between The Green Box and the User, unless the intermediary decides otherwise.
11. APPLICABLE LAW AND COMPETENT COURT
Dutch law applies to the Terms and Conditions. All disputes arising from or related to these Terms and Conditions will be submitted exclusively to the competent court in Amsterdam, unless otherwise agreed.
Version: July 25, 2022.
