Terms and Conditions

creative
 
Effective since: 30/6/2022
creative
 
Updated on and effective since 2 June 2023
 

1. General

The purpose of these general terms and conditions (hereinafter the “ Terms”) is to define the legally binding terms and conditions between you and Fiveoffices governing your right to use the services provided by Fiveoffices (the “Service”) whether through its website  www.fiveoffices.com or any other means (collectively, the “Fiveoffices Platform”). 

 

The Service is an intermediation service, known as the information society, allowing the connection between users who publish, search for and/or book offers for the provision of workspace services. 

 

Fiveoffices is neither a real estate broker, nor a travel agency, nor an organiser or retailer of travel packages within the meaning of Directive (EU) 2015/2302. Fiveoffices does not act as an agent in any capacity whatsoever for any User or Member.

 

The Service is accessible via the Fiveoffices Platform. Fiveoffices reserves the right to transfer the Service to any other address/url. 

 

Any access and/or use of the Fiveoffices Platform implies the acceptance and compliance with all the content of these Terms.

 

By accessing and/or using the Fiveoffices Platform, you agree to abide by and be bound by the Terms. They therefore constitute a contract for the provision of intermediation services between you and Fiveoffices.

 

In the event that you do not wish to accept all or part of these Terms, you are asked to renounce all use of the Fiveoffices Platform and/or of the Service.

 

Fiveoffices reserves the right to modify the Terms, in whole or in part, at any time. You shall check www.fiveoffices.com or any other website designated by Fiveoffices from time to time to review the applicable Terms.

 

Your continued use of the Fiveoffices Platform and/or the Service, including after changes to the Terms, constitutes your full and complete acceptance of these Terms and therefore constitutes a binding legal agreement between you and Fiveoffices.

 
The express acceptance of these Terms will be required (i) for Hosts on the occasion of any posting of a Host Offer on the Fiveoffices Platform and (ii) for Guests on the occasion of the acceptance of any Host Offer and conclusion of a Contract.

 

Please read the Terms carefully prior to accessing and/or using the Fiveoffices Platform and/or the Service.

 

For the purpose of the present Terms, it is specified that:

 

  • Contract refers to a document that officially binds two Users in a commercial relationship, all the conditions of which are described in the said Contract.
  • Host Offer means the offers of services for the provision of workspace and/or office rentals made by "Host" Users.
  • Password refers to confidential information that the User must keep secret, which allows access to the Fiveoffices Platform.
  • User refers to any person who uses all or part of the Fiveoffices Platform and/or of the Service.
  • User Content refers to the information transmitted and published by the User of the Service in the different sections of the Service and/or the Fiveoffices Platform.
  • User means any person who uses all or part of the Fiveoffices Platform and/or the Service. The Service distinguishes between two categories of Users:
    • Hosts: Users who publish and offer to provide workspace services.
    • Guests: Users who search for, book and/or use Host Offers..

2. Legal Notice

  • If your country of residence or establishment is France,

The Terms are entered into by you and Fiveoffices France, a Société par Actions Simplifiée Unipersonnelle and registered with the  registre du commerce et des sociétés of Paris under number 920 903 721 00016, whose registered office is at 12, rue Vivienne, 75002 Paris, France (“Fiveoffices”).

 

  • If your country of residence or establishment is not France,

The Terms are entered into by you and  Fiveoffices, a Société anonyme incorporated under the laws of Luxembourg and registered with the Registre du Commerce et des Sociétés of Luxembourg under number B 266997, whose registered office is at 76, Grand-Rue, L 1660 Luxembourg (“Fiveoffices”). 

3. Service

The Service consists of the provision of the Fiveoffices Platform, which offers its Users with a search engine, as well as online tools allowing the connection between Hosts and Guests, as follows.

 

The Service is accessible to any User with Internet access. All costs associated with access to the Fiveoffices Platform, whether material, software or Internet access costs, are the sole responsibility of the User. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.


Users may register an account and identify themselves with a unique username and password to access and use many features of the Service, particularly:

 

  • Create and manage Host Offers;
  • Add one or several Host Offers to favourites;
  • Exchange communications, information, messages and attachments;
  • Follow the evolution of contact requests, exchanges and Contracts related to one or several Host Offers provided on the Fiveoffices Platform. 

As the hosting provider of the Fiveoffices Platform, Fiveoffices does not offer or manage any Host Offers. Fiveoffices is and remains a third party in relation to Users, whether Hosts or Guests, and only puts the Users in contact. Fiveoffices does not intervene in any way in the contractual relationship between Hosts and Guests, nor is a party to the contracts entered into directly between Hosts and Guests, and will not be held liable for any direct or indirect damage arising from the relationship between them. 

 

Fiveoffices reserves the right to refuse access to all or part of its Service, unilaterally and without notice, to any User who does not comply with these Terms.

 

Fiveoffices implements all reasonable means at its disposal to ensure quality access to the Fiveoffices Platform, but is under no obligation to do so.

 

Fiveoffices cannot be held responsible for any malfunction of the network or a server or any other event beyond reasonable control which would prevent or degrade access to the Fiveoffices Platform.

 

Fiveoffices reserves the right to interrupt, temporarily suspend or modify access to all or part of the Fiveoffices Platform without notice, in order to maintain it or for any other reason, without the interruption giving rise to any obligation or indemnification.

 

You are solely responsible for all content that you generate, upload, publish or distribute in order to use the Service. As a substantial condition of your right to use the Service, you undertake not to use the Service for any illegal or prohibited purpose and you confirm that all information or other content you provide is true, correct and do not violate any applicable law or regulation.

 

Hosts are solely responsible for the User Content published, for ensuring that it is properly understood by Guests and undertake to comply with all laws, rules and regulations applicable to their Hosts Offers, services and premises included therein.

 

The exchange of messages between Users is solely for the purpose of exchanging information between Users regarding the Host Offers. If a User sends messages to another User, he/she/it must ensure that he/she does not violate the restrictions set out in section “Restrictions” below. Messages containing feature advertising, spam or content spreading viruses or worms or mass mailing messages of any other kind whatsoever are strictly prohibited.

 

In accordance to our Privacy Policy, Fiveoffices reserves the right to browse and analyse the communications and messages exchanged as well as the documents published and downloaded by the User via any means from the Fiveoffices Platform for the purposes of fraud prevention, risk assessment, compliance with the Terms of the Service, investigation, product development and improvement, research and customer support.

 

Fiveoffices undertakes not to sell the User's messages or the analysis carried out from its communications to Third Parties. By using the Service, the User acknowledges that Fiveoffices may, at its sole discretion, browse, analyse and store the User's communications for a period of ten (10) years for the purposes described above only, by manual means or automated.

4. Restrictions

By using the Service, you are prohibited from:

 

  • Using robots, spiders or other automatic or manual processes to examine or reuse pages or content from the Fiveoffices Platform without permission;
  • Contacting our Users and/or recovering their data for commercial purposes other than those provided for by the Service and through the Service;
  • Copying the source code of the Service and/or accessing all or any part of the Service in order to build or enhance a product or service which competes with the Service;
  • Reverse compiling, disassembling, reverse engineering or otherwise reducing to human-perceivable form all or any part of the Service;
  • Using the Service to alter its performance or functionality by any means: software or routine that contains viruses or other malware;
  • Making any unlawful or unauthorised copy, in whole or in part, of another person's copyright or copyrighted offering;
  • Taking any actions to circumvent standard security practices for accessing and using the Service;
  • Disclosing trade secrets without authorization, or in violation of the proprietary rights of a third party;
  • Misrepresenting the source or identity of any material;
  • Inserting false or irrelevant information on the Service;
  • Uploading, transmitting, or otherwise providing to or through the Service any information or materials that are unlawful, such as photographs, videos or comments that are threatening, humiliating, defamatory, obscene, hateful, pornographic or profane, or any material that could constitute a criminal offence, give rise to civil liability, violate the law or encourage them to do so, or content that could be used for purposes contrary to law;
  • Otherwise access or use the Service beyond the scope of the authorization granted in these Terms.

In the event of a breach of any of the above obligations, the User acknowledges and agrees that Fiveoffices shall have the right to delete the User's Account and to refuse the User access to all or part of the Fiveoffices Platform unilaterally and without prior notice.

5. Prices

Any User who wishes to use the Service and to place User Content on the Fiveoffices Platform in order to look for, book, use, publish or offer one or several Host Offers agrees, under these Terms, to pay a Service Fee to Fiveoffices in consideration for the provision of the Service.

 

  • Guest Service Fees:
Use of the Service by Guests is free of charge.
 
  • Host Service Fee:

Users who are Host are invoiced a fee (the “Service Fee”) as follows.

 

Fiveoffices is remunerated on the basis of "success”. When, as a Host, once You have accepted a request from a Guest for booking your Host Offer, or receive a booking confirmation through the Fiveoffices Platform, and hence agree to enter into a Contract with the Guest accordingly. By entering into any contract between Host and Guest, you agree to pay the Service Fee and any applicable taxes when you sign the contract and each time it is renewed.

 

The payable Service Fee to Fiveoffices corresponds to 10% of the total amount, (excluding. taxes) of the value of the Host Offer booked by the Guest to the Host for its entire duration, up to a maximum of 24 months. The Service Fee is subject to the application of taxes, in accordance with the legislation in force (such as VAT), which will be added to the Service Fee, where applicable. As a Host, You shall provide your Host Offer under the terms and at the price specified in your Host Offer listed on the Fiveoffices Platform. 

 

The Host undertakes to pay Fiveoffices the Service Fee when signing a Contract, based on the price of the Host Offer. The Service Fee are due in its entirety by the Host as soon as the Contract is signed, and are payable within 30 calendar days after the signing of the said Contract. The Service Fee is also due if the Service rendered is limited exclusively to the disclosure of the identity of a potential Guest or a potential Host, and that a Contract which achieves or seeks to achieve substantially the same goal is signed directly or indirectly following this disclosure. The Service Fee is payable on the basis of the actual price charged by the Host, which must correspond to the Host Offer. If the actual price deviates from the price of the Host Offer published on the Fiveoffices Platform, and more generally if there is a breach of good faith by the User vis-à-vis Fiveoffices in the use of its Service.

 

Fiveoffices may charge an additional Service Fee, together with a conventional penalty of ten (10) times the total Service Fee due to Fiveoffices for the Service rendered.

 

The Service Fee is invoiced by Fiveoffices to the Host upon signature of the Agreement with the Guest. The Invoice is payable within 30 days of the invoice date.

 

6. Contractual assistance between Host and Guest

 

Fiveoffices provides Hosts and Guests on the Fiveoffices Platform with a contract template for the provision of services - Workspace which can be freely concluded directly on the Platform. This contract template is offered to facilitate the sale of services from the Host to the Guest, and thus facilitate the conclusion of an agreement between the Users. 


Users are free to use it, to add to it, to modify it as they wish or to use their own contract. The contract template is provided for information only. Users are asked to reread it carefully and check that it corresponds to the specific nature of the commercial relationship they wish to establish between themselves. If in doubt, Fiveoffices advises Users to seek legal advice.

 

If the User does not use the contract template proposed by Fiveoffices, the User, as Host or Guest, undertakes to provide Fiveoffices by e-mail to legal@fiveoffices.com, or by any other means specified by Fiveoffices, with the finally signed contract, including its main terms, inter alia the total price of the Host Offer, its exact duration and the list of services included in the said Contract in order to allow Fiveoffices to determine and invoice the Service Fees which will be due. 


It is understood that if the User does not communicate the signed Contract to Fiveoffices, the Service Fee will be calculated on the basis of the price of the Host Offre as indicated on the Fiveoffices Platform and on a 24 month flat rate basis, which the Host expressly accepts.


It is also understood that if the signed Contract is not communicated to Fiveoffices, the Guest becomes jointly and severally liable with the Host for the payment of the Service Fee, which the Guest expressly accepts.


If the Host and the Guest agree to terminate their Contract before the end of the term initially indicated in the Contract, Fiveoffices will reimburse the Host the amount equal to the difference between the Service Fee initially invoiced and the Service Fee that should have been invoiced based on the actual duration of the Contract. To be entitled to this refund, the Host must inform Fiveoffices of the early termination of the Contract by sending proof of the early termination by email to legal@fiveoffices.com within 30 (thirty) calendar days from the date on which the Host became aware of the early termination. Any information received after this period of 30 (thirty) days shall not entitle Fiveoffices to any reimbursement or claim for damages of any kind whatsoever from the User.


7. Intellectual property

"Fiveoffices" is a registered trademark. Any unauthorised reproduction of the trademark, logos and distinctive signs presented on the Fiveoffices Platform constitutes an infringement punishable by law. The User is solely responsible for the User Content placed online via the Service, as well as for the images, texts and/or opinions it expresses.


The User undertakes in good faith in particular to ensure that the User Content, texts, information, data, videos and images presented on the Fiveoffices Platform reflect reality and are not likely to infringe the legitimate interests and rights of any third party. In this respect, the User undertakes to hold Fiveoffices harmless against any claim, based directly or indirectly on the data entered by the User, which may be brought by any person against Fiveoffices. In particular, the User will hold Fiveoffices harmless and undertakes to pay any damages and all legal costs resulting from the action of a third party against Fiveoffices in respect of User Content published on the Fiveoffices Platform (text, information, videos and images).


By accepting these Terms, the User grants Fiveoffices a non-exclusive licence, for the entire world and for the entire duration of the protection of intellectual property rights, relating to the rights of exploitation, reproduction, representation, adaptation and - on all User Content that it publishes on the Service (texts, photographs, videos, etc.). This licence is granted on all media, for all formats and by all technical processes known to date or to come, limited however to cases of use forming part of the Service. The User also authorises Fiveoffices to mention the existence of the User as a 'customer' in its commercial references.


In the event of a breach of the provisions of these Terms, Fiveoffices reserves the right to delete all or part of the User Content, at any time and for any reason whatsoever, without notice or justification. The User will have no claim in this respect.


The User irrevocably acknowledges that the Fiveoffices Platform and the Service consist of several databases offered by Fiveoffices in its capacity as producer of databases within the meaning of the provisions of the laws and regulations in force relating to the protection of personal data.

8. Privacy Policy

In accordance with the Regulations relating to the protection of personal data, all Users are informed that Fiveoffices, in its capacity as data controller, processes personal data in connection with the use of the Fiveoffices Platform and the Service.
For any information concerning the processing of personal data and to know the extent of their rights, Users may consult the Confidentiality and Personal Data Protection Policy.

 

Fiveoffices Privacy Policy can be consulted  HERE.

 

Access to certain sections of the service requires the use of a Username and Password. The password chosen by the User is personal and confidential. The User undertakes to keep his/her Password secret and not to divulge it in any form whatsoever. Use of the Username and Password on the Internet is at the User's own risk. It is the User's responsibility to take all necessary measures to protect his/her data against any attack.

9. Limitation of Liability

Fiveoffices is an intermediation service, known as an information society service, which provides its Users with a search engine, as well as online tools allowing the connection of Users for the searching, booking and using of Host Offers between them.

 

Fiveoffices does not guarantee the conclusion of a contractual relationship between Users.

 

Users acknowledge that Fiveoffices does not intervene at any time in the exchanges and transactions between Users. Consequently, Fiveoffices cannot be held liable in tort or in contract for the conclusion, non-conclusion, performance or termination of any contractual relationship between Users connected through the Fiveoffices Platform.

 

The information on the Service comes from the Users and Fiveoffices cannot guarantee the accuracy or relevance of such information. In addition, In its capacity as simple host of the information published on the Fiveoffices Platform, the information is filled in by the Users and is generally not verified by Fiveoffices prior, at and after publication. Any User who discovers or disputes the truthfulness or legality of all or part of an offer made on the Fiveoffices Platform by a User is invited to report this to Fiveoffices.

 

Therefore, Fiveoffices shall not be liable for the use of the information and Content published by Users on the Fiveoffices Platform under the Service. The User is solely responsible for the proper use and accuracy of the information made available on the Fiveoffices Platform.

 

In addition, the User undertakes to indemnify and hold harmless Fiveoffices for all harmful consequences linked directly or indirectly to the use of the Fiveoffices Platform and arising from or in connection with the use of the Service by the User, including in case of a dispute in or outside a court, or other action for damages, by any other User or any third party against Fiveoffices as result of an action, an error or a fault committed by the User.

 

Access to certain sections of the Service requires the use of a Username and Password. The Password chosen by the User is personal and confidential. The User undertakes to keep his Password secret and not to disclose it in any form whatsoever. The use of the Username and Password through the Internet is at the User's risk. It is up to the User to take all necessary measures to protect their data against any attack.

 

The information on the Service contains hyperlinks to Websites published and/or managed by third parties. Insofar as no control is exercised over these external resources, the User acknowledges that Fiveoffices accepts no responsibility for the provision of these resources, and cannot be held responsible for their content.

 

IN ADDITION, FIVEOFFICES TAKES NO RESPONSIBILITY AND HAS NO OBLIGATION REGARDING THE PAYMENT OF RENT OR OF ANY OTHER REMUNERATION OR OF ANY CLAIM OR COMPENSATION OF WHATEVER NATURE FROM ONE USER TO ANOTHER, AND THE FACT OF USING THE SERVICES DOES NOT IN ANY WAY CREATE AN OBLIGATION FOR FIVEOFFICES TO COVER OR COMPENSATE FOR ANY FAILURE OF THE HOST OR THE GUEST IN THE FRAMEWORK OF THE CONTRACT SIGNED BETWEEN THEM. FIVEOFFICES IS NOT A PARTY TO ANY SUCH CONTRACT OR AGREEMENT BETWEEN USERS.

 

Fiveoffices will not be liable in the event of a force majeure or events beyond its control.

 

USERS REMAIN SOLELY RESPONSIBLE FOR DETERMINING, QUALIFYING AND CONTRACTING THEIR RELATIONSHIP AS A RESULT OF THE CONNECTION MADE BY THE SERVICE. FIVEOFFICES IS NEITHER PARTY NOR SIGNATORY TO ANY ASPECT GOVERNING THE CONTRACT SIGNED BETWEEN USERS AND THEIR BUSINESS RELATIONSHIP.

 

Fiveoffices presents on the Fiveoffices Platform, for information purposes only, one or more contract samples which may - at the choice and under the exclusive responsibility of the Users - serve as a model for the final contract between the Users.

 

Fiveoffices reminds Users that every situation has specific material and legal requirements that must be verified either by the legal department of each User or by their external advisors.

 

It is the responsibility of the Users to check that they have the capacity and the right to commit themselves under the offers proposed on the Fiveoffices Platform.

 

Any contract sample presented by Fiveoffices on the Fiveoffices Platform is for information purposes only and must be adapted to the specific conditions of the desired relationship freely agreed between the Users.

 

Fiveoffices cannot be held liable to any User for the use, in whole or in part, of these contract samples.

 

Under no circumstances will Fiveoffices be held liable vis-à-vis any User or any third person for the listing, booking, use, provision of a workspace that is contractually limited or prohibited to be listed, booked, used, provided. The Host shall therefore him/her/itself make sure that he/she/it does not violate any existing agreement, law, or any rule whatsoever, e.g. that he/she/it does not violate any existing agreement related to his/her/its Host Offer.

 

Under no circumstances will Fiveoffices be held liable vis-à-vis any User for the insufficiency or lack of insurance or a bank guarantee of any type whatsoever. Users are solely responsible for informing themselves, verifying and subscribing to risk coverage and payment guarantees determined by law and/or by Users among themselves.

 

Under no circumstances will Fiveoffices be held liable vis-à-vis the User for compensation for any indirect damage. By express agreement, any commercial damage, any damage to the brand image, any loss of profits, results, productivity, turnover, customers, orders are considered as indirect damages. Any action directed against the User by a third party constitutes indirect damage and therefore does not give rise to the right to compensation by Fiveoffices.

 

Subject to any provision to the contrary appearing in these Terms, or in any agreement concluded between Fiveoffices and a User, Fiveoffices cannot be held liable for damages of any kind whatsoever resulting from the unavailability of the Service or any use of the Service. If, however, for any reason Fiveoffices liability were to be incurred vis-à-vis the User, it would in any case be limited, for the entire duration of the service, to a sum of 500 euros for all damages suffered by the User, provided that the latter communicates to Fiveoffices within 8 days the elements justifying its responsibility.

10. Conditions for posting information

Fiveoffices will only publish information under the condition that the Host of the information has agreed to the Terms herein and Fiveoffices reserves the right to publish only information which is anonymised (absence of name, address, logo, telephone number or any element allowing the User to be identified in the content of the information, whether on text, video or photos).

 

Fiveoffices reserves the right to publish or not publish information through the Service, regardless of the conditions above.

 

Fiveoffices also reserves the right to unilaterally un-publish any information at its total discretion.

 

Finally, Fiveoffices also reserves the right to unilaterally block the re-publication by the User of any information at its total discretion.

 

For example, Fiveoffices is required to unpublish and or block the re-publication of information in the following cases:

 

  • Failure to anonymize the information (absence of the name, address, logo, telephone number or any element allowing the customer to be identified in the content of the information, text, videos or photos).
  • Price not consistent with the reality of the object or service offered (dumping effect).
  • Object or services not in accordance with the information provided.
  • Abusive content (photos, description).
  • Lack of responsiveness of the Host to User requests.

11. Duration

These Terms are concluded for the period as long as the User is registered on the Service and until the full completion of the contractual obligations between Fiveoffices and the Users.

12. Deletion of the Account

Any User with an Account may request the deletion of their account at any time. Consequently, Fiveoffices will no longer be able to provide all or part of the Service following the deletion of the Account. The deletion of the User's Account does not entitle the User to any reimbursement by Fiveoffices following the possible non-provision of all or part of the Service, nor does it release the User from the obligations to which it has subscribed under the General Terms and Conditions, in particular relating to the payment of the remuneration due to Fiveoffices by virtue of the article "Prices - Service Fees".

13. Severance

In the event that one or more provisions of these Terms are considered null and void, deemed unwritten or declared as such in application of a law, regulation or following a decision of a competent court having final authority, the other stipulations will retain all their force and scope and will remain fully applicable, unless the invalid stipulation(s) is/are of a substantial nature and its/their disappearance would call into question the contractual balance between Fiveoffices and its Users.

14. Applicable law and competent courts

If your country of residence or establishment is France, You are contracting with Fiveoffices France. These Terms and any provisions arising from your use of the Fiveoffices Platform or our products or services provided shall be governed by and construed in accordance with the laws of France. In the event of a dispute relating to the application, interpretation, validity and performance of these Terms, and in the absence of an amicable agreement between the parties, the courts of Paris (tribunaux de Paris) shall have exclusive jurisdiction.

 

If your country of residence or establishment is not France, You are contracting with Fiveoffices. These Terms and any provisions arising from your use of the Fiveoffices Platform or our products or services provided shall be governed by and construed in accordance with the laws of Luxembourg. In the event of a dispute relating to the application, interpretation, validity and performance of these General Terms and Conditions, and in the absence of an amicable agreement between the parties, jurisdiction is expressly given exclusively to the courts within the jurisdiction of the Court of Appeal of the Grand Duchy of Luxembourg.