General Terms and Conditions of MotionLab.Marzahn GmbH
§ 1 General
The following General Terms and Conditions apply to all services provided by MotionLab.Marzahn GmbH, hereinafter: MotionLab, to its Users / contractual partners.
The offer is primarily aimed at entrepreneurs (freelancers, self-employed persons or tradesmen - also legal entities), but also at private customers as well as associations, parties and community events. In the following, this contractual partner is also called user or customer.
§ 2 Description of services
The object of the offers and services of MotionLab is the provision of coworking spaces, meeting rooms and event rooms in the premises designated as coworking space at the locations Schwarze-Pumpe-Weg 15, 12681 Berlin and Bouchéstrasse 12, Halle 20, 12435 Berlin, including internet use (WLAN) within the scope of the services offered. MotionLab also provides other services such as the use of the premises for events and the rental/use of changing machines (e.g. 3D printers, lasers, water cutters, deep-drawing machines, sintering machines, CNC milling machines, drill presses, woodturning machines, electrical tools for wood and metal processing) by arrangement, prior instruction and availability.
Depending on the selected scope of services, the possibility of using certain services is limited to a certain type of use and / or a certain time. The services and prices offered can be viewed at http://motionlab.berlin/.
The office workstations are equipped with a table, swivel chair, power connection and WLAN on request.
Without MotionLab's express permission, the User shall not be entitled to transfer the use of the rental object to third parties, in particular to sublet it.
Access to the locations operated by MotionLab, MotionLab Schwarze-Pumpe Weg and Bouchéstrasse, is available to users during general opening hours. The opening hours can be found on the homepage (www.motionlab.berlin).
Users receive a personal key / access medium per workstation or per team (depending on the agreement) and can use this to access the MotionLab coworking space during general opening hours.
§ 3 Inadmissible use
The use of the offer for unlawful purposes or purposes excluded in this contract is not permitted.
In particular, the user undertakes not to use the services in such a way as to damage, destroy, overload or otherwise render unusable the infrastructure provided or to cause interference with the same for other users.
The user shall not make any attempts to gain unauthorised access to the infrastructure by hacking or similar methods.
The user confirms that he will not use the services and infrastructure for any of the activities listed below:
Use in connection with competitions, pyramid schemes, chain letters, SPAM e-mail, or any other type of unsolicited messages or advertising;
Defamation, harassment, abuse, stalking, threats or other violation of legal provisions (such as protection of privacy, personal rights) of persons or companies inside and outside the coworking space;
Dissemination of offensive, immoral, pornographic or other unlawful material or data within or via the infrastructure provided;
Provision or distribution of data containing images, moving images, software or other material subject to intellectual property laws (e.g. trademark law), unless the user is the rights holder or has the right to distribute;
Distribution of data containing viruses, Trojans, worms, bots or other malware;
illegal download of data protected by copyright;
Preventing or hindering other users from accessing and using the services and infrastructure;
unlawfully obtaining information from other users, in particular their e-mail addresses, without their consent.
§ 4 Conclusion of contract
By booking the selected service on site, the User makes a binding offer to conclude a contract. The contract shall only be concluded upon acceptance of the offer by MotionLab.
The User has no claim to the conclusion of a contract. MotionLab is free to reject any offer by a User to conclude a contract without giving reasons.
By concluding the contract, the user warrants that the data provided is complete and true. The user undertakes to notify any changes to his/her personal data without delay.
The start of the contract is not bound to the beginning of a month, unless otherwise agreed.
As these are rolling contracts, the last day of the month shall be the day preceding the day on which the contract was concluded.
§ 5 Tariffs, payment modalities
All prices are net prices excluding the applicable statutory value added tax and refer only to the services expressly stated. Any additional services shall be remunerated separately. The rates / prices of MotionLab shown separately shall apply in each case.
Payment is due immediately upon conclusion of the contract, unless otherwise agreed in writing. If payment is to be made monthly, it shall be due on the first day of each month. Since these are rolling contracts, the first day of the month shall be the day that numerically corresponds to the day of the conclusion of the contract.
Payment is due in advance and will be collected by SEPA direct debit mandate unless otherwise agreed in writing.
§ 6 Termination
The membership contract is for an indefinite period. The minimum contract period for the user contract is six month, unless otherwise stated (except Day Ticket / Day-Ticket).
Good cause for termination of the user contract without notice exists, among other things, if the user is in arrears with the payment of a monthly fee for the services booked by him/her (without extras). In all other respects, § 543 BGB shall apply.
MotionLab objects to a continuation of the contract of use in the event that it has been effectively terminated by notice of termination, so that the contract of use does not continue indefinitely (§ 545 BGB).
§ 7 Execution of the contract
The technical peripherals (e.g. laptop, desktop PC) can be freely selected, provided they do not disturb other users in the building and do not cause any power consumption above and beyond normal office equipment. Drilling holes in walls or other structural changes are prohibited.
MotionLab shall provide the User with the contractually owed furnishings and equipment for the offices and/or workstations as well as technical items (e.g. projectors) and changing machines (e.g. 3D printers) and other furnishings in return for payment. The user has no claim to the provision of specific machines.
§ 8 Internet usage behaviour and identity determination
By using the Internet, the user shall avoid any liability and responsibility of MotionLab in case of infringement.
In order to avoid a claim, MotionLab has the right to check and record the identity of the User. If the User infringes the law, the User shall compensate MotionLab for any damages, in particular lawyers' fees and court costs. MotionLab also reserves the right to terminate the contract without notice in this case.
§ 9 Warranty and liability
In all cases in which MotionLab is obliged to pay damages or reimbursement of expenses in the course of business on the basis of contractual or statutory bases for claims, MotionLab shall only be liable insofar as it, its executive employees or vicarious agents are guilty of intent, gross negligence or injury to life, body or health. This shall not affect liability for culpable breach of essential contractual obligations, the fulfilment of which is a prerequisite for proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligation) and guarantees. However, liability is limited in this respect to the foreseeable damage typical for the contract. Liability for consequential damages, in particular for loss of profit or compensation for damages suffered by third parties, shall be excluded unless MotionLab is guilty of intent or gross negligence.
§ 10 Termination of the usage relationship
The user shall treat the rental object and all equipment and machines provided with care.
The User shall return all keys or other access media to MotionLab at the end of the User Agreement.
§ 11 Campus Security
Security guards from W.I.S. are onsite Monday to Friday from 6pm to 5am. and on weekends/holidays full time. Patrols are carried out during these hours.
The alarm system is armed from Monday to Friday from 10 p.m., and is always armed on weekends/holidays.
The roll-up doors are closed from 9pm on weekdays. Windows on the ground floor are equipped with magnetic and deadbolt contacts, opening them outside the operating hours will trigger the alarm system. All external doors are equipped with card readers or electronic lock cylinders, access is only possible by access card.
§ 12 Internet and WiFi
300 Mbit/s (up/down) is available on the campus.
The local IT team of B.I.G. CS GmbH is responsible to perform regular updates and maintenance measures
§ 13 Reception
The reception is available from Monday to Friday from 08.00 to 17.00 and is usually staffed by 2-4 people. The basic services included are the following:
Welcoming of guests incl. informing the staff
Receiving and sorting mail
Booking and organization of meeting rooms
§ 11 Final provisions
Ancillary agreements, amendments or additions to MotionLab's GTC which are based on statutory or other sovereign measures or on doubts of interpretation shall be deemed to have been accepted by the User if, after notification of the amendment, the User has not notified MotionLab of his rejection within a period of two weeks after receipt of the amended GTC. Otherwise the User's consent shall be deemed to have been granted. MotionLab will expressly draw the User's attention to this consequence in the notification.
The law of the Federal Republic of Germany shall apply.
The place of jurisdiction is - as far as legally permissible - Berlin.
Should individual provisions be incomplete or wholly or partially invalid, this shall not affect the validity of the remaining General Terms and Conditions. In this case, the parties undertake to agree on a valid provision in place of the invalid or incomplete provision which, as far as legally possible, comes closest to the interests of the parties expressed in these Terms and Conditions.
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