Open Desk user agreement
Hamburg Kreativ Gesellschaft mbH for nextMedia.Hamburg
represented by the managing director Egbert Rühl
Hongkongstr. 5, 20457 Hamburg,
– hereinafter referred to as “SPACE” –
Preamble
The SPACE of nextMedia.Hamburg as part of Hamburg Kreativ Gesellschaft mbH is intended to facilitate and intensify the exchange, learning and cooperation of Hamburg’s media and creative industries. SPACE is sponsored by the Free and Hanseatic City of Hamburg. SPACE is expected to receive funding from the European Regional Development Fund (ERDF).
Hamburg is one of the most important locations for the creative, media and digital industries in Germany. In order to secure its future viability against the backdrop of current economic and social developments, SPACE is intended to create a neutral and professional place where open exchange, cross-sectoral knowledge transfer and innovative experimentation on complex topics (including technological market developments) will be possible and meaningful solutions relating to content, media technologies and digital business models will be developed. The SPACE will open in August 2023 at the following address: 7th floor, Building Block M, Am Sandtorkai 27/28, 20457 Hamburg. The contact person at SPACE is the SPACE Management.
The aim is to establish a contact point in the middle of the city and to establish proximity and visibility for all players in this sector and the associated Hamburg innovation ecosystem. The innovation programs already tried and tested by nextMedia.Hamburg and other areas of the Kreativ Gesellschaft are to be integrated and supplemented by further cooperation activities.
1. Scope of application
1. The subject of the agreement is the temporary provision of a workplace in the Open Desk area of SPACE (address: Am Sandtorkai 27/28, 20457 Hamburg). Use of the SPACE is limited to five days per month. The SPACE serves as an office workplace and meeting place for cross-industry knowledge transfer and innovative experimentation.
2. The subletting or re-letting of the space provided and invitations to sales or similar events require the prior written consent of the SPACE Management.
3. Users may use the booked workplace for the purposes specified in the agreement. Changes must be agreed in advance in text form with the SPACE Management. Any violation may result in a ban from the premises by the SPACE management.
4. The Hamburg Kreativ Gesellschaft is entitled to use the SPACE for events and to block or restrict access to the SPACE for users on certain dates and times.
5. Users are aware that the SPACE is also available to third parties who pursue the same or similar purposes of use. Users are not granted any protection from competition.
6. On request and according to availability, further usage areas (see 3.) in the SPACE can be booked for private meetings or events, provided this has been agreed in a separate contract.
2. Service description
1. The Hamburg Kreativ Gesellschaft provides the user with workplaces free of charge, including the use of WiFi.
2. Booking the workplace via the booking tool is mandatory before using the workplace.
3. The SPACE has 13 open desks; the first person to occupy a place has occupied it. There is no right to fixed seats. The areas of the partner companies may not be used by unauthorized persons. SPACE Management is entitled to impose house bans in the event of non-compliant behavior. In this case, the contract of use is deemed to have been terminated and access to the SPACE is prohibited.
4. The use is limited to the following utilization area under the following conditions:
Open Space utilization area (see Appendix 2, “OPEN DESKS”)
– Access and use of the Open Space for the duration of the official opening hours from Monday to Friday 9:00-17:00.
– 5 days of use per month.
– Free choice of seats in the Open Space and Network Space.
– Free provision of the following drinks: coffee, tea and water.
– Use of the bicycle cellar.
3. Use of further premises
The SPACE has additional meeting, workshop and event rooms. These can be used after consultation with the SPACE management. For this purpose, an agreement must be made with the SPACE management and, if necessary, a separate usage agreement must be concluded.
1. Available premises:
Meeting Space:
Yellow Space: 8 people
Peach Space: 6 persons
Workshop Space:
Workshop Space: 16 people
Play Space: 10 people
Event rooms:
Present Space: 70 people
4. Restriction of use
1. users are aware that there may be overcrowding in the Open Space and that they are not entitled to a free workstation on a particular day of the week or at a particular time.
2. The SPACE offers the creative industry events for which, if applicable, a various utilization areas can be closed. Users are therefore obliged to make the relevant workplaces available in such cases.
3. The silent spaces made available in SPACE are intended for temporary use. They do not constitute a workplace for continued work.
5. Liability
1. Insofar as SPACE is obliged to compensate for damages or expenses on the basis of contractual or statutory claims, SPACE’s liability is limited to intent and gross negligence to the extent permitted by law. Liability is always limited to the foreseeable damage typical for the contract. Consequential damages (e.g. for loss of profit or compensation for third-party damages) are excluded to the extent permitted by law. Insofar as they cannot be excluded by law, they are limited to cases of intent and gross negligence. SPACE assumes no liability for the infringement of third-party property rights by the contractual partner.
2. The contractual partners themselves are responsible for compliance with all competition law, copyright law, data protection law and other statutory provisions in connection with the use of SPACE. In the event of a breach of the law, users shall indemnify SPACE against third-party claims. The indemnification obligation also includes, in particular, the costs required for legal action in accordance with the statutory scale of fees.
6. Termination of the user agreement
1. The user agreement and thus the access authorization to the SPACE premises ends at 5:00 p.m. on the booked working day. Saturday is not considered a working day.
2. In the event of unlawful use or use in breach of contract, the user agreement may be terminated with immediate effect.
3. The contractual relationship ends if the facts of § 264 StGB (subsidy fraud) are fulfilled.
4. The contractual relationship may be terminated in the event of breaches of the “Code of Conduct & Use of SPACE” (see Annex 1).
7. Final provisions
1. The place of jurisdiction for all disputes arising from or in connection with this agreement shall be the court with subject-matter jurisdiction for Hamburg.
2. Should individual provisions of this agreement be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall then be replaced by a legally valid provision that comes as close as legally permissible to the recognizably intended economic purpose. The same shall apply if gaps requiring supplementation become apparent during the implementation of this agreement.
3. The Hamburg Kreativ Gesellschaft is entitled to store and process user data in connection with the processing and documentation of the user contract in accordance with the General Data Protection Regulation (GDPR). The Hamburg Kreativ Gesellschaft is also entitled to publicize the promotion of projects in the Open Desk area in an appropriate manner as part of its press and public relations work.
4. SPACE is funded by the Free and Hanseatic City of Hamburg. SPACE is expected to receive funding from the European Regional Development Fund (ERDF).
Appendix 1:
Code of conduct & use of SPACE
1. The use of the SPACE is necessarily linked to the fact that the premises are shared by other users. The use of the SPACE therefore requires mutual consideration. For this reason, users undertake to respect the rules of the SPACE Code of Conduct at all times.
2. To ensure a pleasant working atmosphere, all users are obliged to respect others and to contribute to a pleasant working atmosphere. Avoid loud music or loud conversation that could disturb others at work.
3. All users want to have a clean place, accordingly all users are called upon to put used dishes, utensils and garbage in the designated place at the end, to treat the facilities provided carefully and with care and also to keep the kitchen clean.
4. The kitchen and equipment can be used as long as everything is left clean afterwards. Out of consideration, the preparation of whole meals and the heating up of strong-smelling food (e.g. kebab, fish dishes etc.) is not permitted.
5. All users undertake to notify SPACE Management immediately of any damage to or malfunctioning of equipment and devices. Users are liable for damage caused by themselves. In the event of non-notification, it shall be assumed that the damage was self-inflicted.
6. All users undertake to close all doors and windows and switch off the lights when they are the last to leave the SPACE.
7. Users must leave their chosen workplace tidy and take their personal belongings with them every day. The lockers can be used temporarily for private items.
8. Users are responsible for looking after personal items in the SPACE – whether their own or those of other users. Users are obliged to remove personal items from the common areas immediately when the premises are not in use.
9. Users are not permitted to make modifications or changes to the premises without the prior written consent of the Hamburg Kreativ Gesellschaft. This applies in particular to furnishings, cables and technical equipment.
10. Users are prohibited from carrying out illegal, unlawful, racist or violent acts.
11. In the event of a dispute between individual users, Kreativ Gesellschaft accepts no responsibility for the actions of others. The Hamburg Kreativ Gesellschaft is under no obligation to intervene or mediate in such cases.
Rules of conduct on the Internet
1. Users are solely responsible for all acts and omissions in the context of Internet use and undertake to comply with all applicable legal provisions, in particular the German and European copyright provisions. Copying, distributing or downloading copyrighted material is strictly prohibited.
2. The users assure that they will not use the SPACE for illegal or unlawful purposes. For example, attacks on SPACE’s own system (hacking or similar), the distribution of malware, use for competitions (especially snowball systems), unsolicited advertising, spam mails, distribution of immoral, racist, violence-glorifying, pornographic or similar content are strictly prohibited. Nor may copyrighted content be used unlawfully.
Appendix 2:
Supervision SPACE