Terms and Conditions for Hosts
Effective as of .
- 1. Definitions
- 2. Application of these Terms and Conditions for Hosts
- 3. Advertising
- 4. Advertisement outside of the Service
- 5. Images and videos
- 6. Review and checking of advertisements
- 7. Handling of enquiries and Workaround exclusivity
- 8. Agreement between the Host and the Tenant
- 9. Feedback to Workaround
- 10. Payment model and billing
- 11. Assignment of lease agreement to Tenant
- 12. Termination
- 13. No warranty and limitation of liability
- 14. Indemnification
- 15. Processing of personal data
- 16. Modification of these terms and modification of the Service
- 17. Independent parties
- 18. Assignment
- 19. Applicable law and disputes
User is the person who uses the service as a Host, either for himself or as a representative of a company or organization.
Hosts are individuals, companies or other organizations that advertise and rent out office space, office rooms or office premises through Workaround.
Tenants are private individuals, companies or other organizations who, through the mediation of Workaround, is interested in and/or is already renting and/or leasing one or more office spaces, office rooms or office premises from Hosts.
Workaround is the Swedish company WorkaroundTown Sverige AB.
2. Application of these Terms and Conditions for Hosts
These Terms and Conditions for Hosts, together with Workaround's general terms and conditions, constitute an agreement between the Host and Workaround. The Terms and Conditions for Hosts shall apply to the User's use of Workaround's services and shall apply to all Hosts.
These Terms and Conditions for Hosts set out the specific terms and rules that govern the use of Workaround’s services, including workaround.io, by Hosts (the “Service”). By using the Service, User approves and accepts these Terms and Conditions for Hosts. If the User does not accept these Terms and Conditions for Hosts, the User must stop using the Service.
Workaround reserves the right to amend the content of these Terms and Conditions for Hosts. As a Host, you are obligated to comply with these Terms and Conditions for Hosts in relation to the publication of advertisements. You are responsible for and undertake to stay up to date regarding the content of Workaround’s applicable terms and conditions, as updated from time to time.
Workaround strives to provide a qualitative service for individuals, companies and organizations in search of new office space – it should be easy and convenient to find good office space provided by reliable Hosts. Consequently, Workaround imposes a number of requirements on you as a Host, in accordance with the terms and rules set out below. Please note that, in this context, the term “Host” also includes any party that advertises office space on Workaround in situations where the brokerage of a contact leads to the assignment of a lease agreement.
If you as a Host have a separate agreement with Workaround, such agreement will prevail over these Terms and Conditions for Hosts in case of conflicting provisions.
All listings in the Service must comply with these Terms and Conditions for Hosts, the general terms and conditions and all applicable laws, rules and conditions. In particular, the Host shall fulfil the following:
The Host undertakes to offer Tenants who have contacted the Host via Workaround the opportunity to rent the office space in question at the price that has been advertised on the Service.
The Host may not use misleading price information or submit any listings with a price which the Host does not intend to honour when renting out the office space in question.
The Host guarantees that the office space in question corresponds to the specifications and the standard represented in the advertisement’s images and texts, and the condition and standard that can otherwise be expected of premises of this nature.
The Host is responsible for ensuring that the information regarding prices, content and availability is up to date and relevant based on the offer made.
As a general rule, a published advertisement will be made available in the Service for at least one calendar month. Workaround reserves the right to remove the advertisement if no feedback is received from the Host after this period.
The Host may not advertise the same office space (premises, office or desk) in several different advertisements on the Service.
The Host must ensure that adverts are kept up to date and relevant and remove adverts that are no longer relevant.
The Host must ensure that any office space that has been rented out or let is no longer listed as available via the Service.
The Host undertakes to provide prompt notification to Workaround of any changes to the design, price, content or availability of the advertised office space.
4. Advertisement outside of the Service
Workaround has the right to disseminate the Host’s advertisement, or parts thereof, via third party marketing channels in order to maximize the reach of the advertisement and/or to market Workaround and its Service. This right continues to apply after cessation of the contractual relationship between the Host and Workaround. Examples of marketing via third party channels include, but are not limited to, dissemination via Workaround’s Facebook, Instagram and LinkedIn accounts or via Google.
Workaround is entitled to use the Host's trademark, company name, logo and other intellectual property rights in the Service and in other digital and analogue marketing channels, including those provided by third parties, in order to promote the Host and its advertisements.
Workaround is entitled to provide information about the co-operation with the Host on Workaround’s website, in newsletters and/or in other ways.
Under no circumstances can dissemination of the Host’s advertisement pursuant to this clause result in an entitlement to compensation for the Host.
5. Images and videos
Images and videos must be relevant in relation to the office space you are advertising and may not contain texts, company names, logos, URLs or other graphic elements which could be interpreted as general business marketing. In addition, it is not permitted to systematically use frames or other graphic effects in the advertisement’s image(s) in a manner that highlights or accentuates the advertisement at the expense of other advertisements in the listings section of the website.
It is not permitted to take/use images and videos from other advertisements without the advertiser’s prior consent, as these may be protected under copyright law.
6. Review and checking of advertisements
Workaround reserves the right to review all advertisements and to reject an advertisement if it is found to be in violation of Workaround’s Terms and Conditions for Hosts or General Terms and Conditions, a third party’s copyright, other legal rules and regulations or Workaround’s principles and ethics. Workaround reserves the right to delete/change text in an advertisement if the text is found to be in violation of advertising rules.
Random checks, or checks prompted by a complaint or report, are carried out on an ongoing basis, for example to verify the identity of a User. Any User who chooses not to participate in such a check runs the risk of being suspended from using the service.
7. Handling of enquiries and Workaround exclusivity
The Host undertakes to reply to all enquiries received from prospective Tenants. The Host shall not forward a referral of prospective Tenants to any third party. The Host understands that the referral of prospective Tenants received via the Service to another Host or broker of office space will result in permanent suspension from the Service.
During a period of 30 days from the date on which a prospective Tenant has been presented to a Host through an enquiry via the Service or through a broker on working on behalf of Workaround, the prospective Tenant is represented exclusively by Workaround and not by any other operator or broker of office space in relation to the Host that represents the office space in which the prospective Tenant has indicated an interest through Workaround. The Host shall actively reject all requests and actions aimed at circumventing Workaround regarding a prospective Tenant where Workaround has exclusivity. This applies in situations where the Host does not have an active and ongoing dialogue with the prospective Tenant regarding this specific enquiry through the Host’s own channels or through another broker of office space.
If, after the aforementioned period of 30 days’ exclusivity, the prospective Tenant does not explicitly choose to be represented by another broker of office space in relation to the Host’s specific office space, Workaround is always entitled to a service fee when the prospective Tenant signs an agreement with the Host within 90 days of the date of the latest contact/dialogue between the prospective Tenant and Workaround or, alternatively, between the prospective Tenant and the Host.
8. Agreement between the Host and the Tenant
The Host undertakes to provide a correct agreement for rental of the office space advertised by the Host.
The Host enters into a direct agreement with the Tenant when office space is brokered via Workaround’s platform. Workaround acts solely as an intermediary, is not part of the agreement between Hosts and Tenants and cannot be held responsible or liable for any aspect of the rental relationship that arises between the Tenant and the Host.
9. Feedback to Workaround
The Host undertakes to notify Workaround after a Tenant has signed an agreement with the Host. Please send this information via email to email@example.com or to the responsible broker/account manager at Workaround. Workaround carries out regular checks of enquiries received by Hosts directly with Tenants and/or in collaboration with an applicable registered address service. At Workaround's request, the Host shall make available to Workaround the agreements concluded with Tenants mediated by Workaround.
The Host understands that failure to notify Workaround of agreements entered into with Tenants and/or failure to provide information to Workaround about the content of agreements that have been entered into, as well as the provision of misleading or incomplete information regarding the content of the Host’s agreements with prospective Tenants, will lead to immediate suspension from the service. The Host must notify Workaround within 48 hours of the receipt of an enquiry if the Host already has an active and ongoing dialogue with the specific individual, company or organization that is looking for office space. A service fee is payable to Workaround if such notification is not provided on time and no other agreement has been reached.
10. Payment model and billing
Workaround charges a service fee when a Host enters into an agreement with a Tenant that has been brokered via Workaround. Workaround’s service fee is 10% or 13% of the annual rent charged by the Host to the Tenant. In this context, the term “annual rent” refers to the sum of the monthly amounts paid by the Tenant to the Host during the first twelve months of the agreement, including any membership fees and add-ons (excluding VAT). If the Tenant signs a contract with the Host for a rental period longer than twelve months, a continued service fee of 3% of the monthly rent will be charged by Workaround for the remaining part of the rental period.
Tenants do not pay anything for its use of the Service.
The Host may choose to pay the service fee in one of two different ways:
A one-time, non-refundable payment to Workaround of 10% of the annual rent in connection with the signing of the agreement by the Tenant.
Invoicing of the direct payment is done in advance in conjunction with the conclusion of the rental agreement between Host and Tenant. Invoice due date is aligned with move in date.
Regular payments during the rental period, although max. 12 months
Under the regular payment model, 13% of the monthly rent is billed on an ongoing basis as long as the Tenant remains in place – although only up to a maximum of one year.
Under the regular payment model, billing occurs in advance on a quarterly/semi-annually basis in connection with the Tenant taking possession of the office space. The minimum amount billed per brokered rental agreement is thus 3/12 of the annual rent. Billing ceases on the date the Tenant vacates the office space if this occurs within twelve months. The Host must notify Workaround in writing of the Tenant’s decision to vacate the office space in advance. If the Tenant has already vacated the office space and the Host has failed to notify Workaround in writing in accordance with the above, billing ceases on the date on which the information regarding the Tenant’s vacation of the office space is received by Workaround.
The Host is obligated to provide a copy of the signed agreement with the Tenant in order to verify the rent amount that forms the basis for Workaround’s service fee. This is used for the purpose of confirming Workaround’s initial service fee. This service fee may change during the first 12 months following the date of the Host’s agreement with the Tenant if the Tenant’s monthly rent is increased or reduced as a result of an upgrade or downgrade (please see below).
For regular payments during the rental period, if the Tenant upgrades/downgrades to larger/smaller office space and/or more/less memberships with you as the Host, Workaround’s regular service fee will be adjusted in line with the total annual rent. In other words, the regular service fee is regulated on the basis of the amount of rent paid by the Tenant to you as the Host during the first 12 months. The Host is obligated to inform Workaround if the rental relationship changes according to the above during the first twelve months. This is necessary in order for Workaround to be able to charge the correct service fee.
For direct payment, no refund will be made in case the Tenant downgrades to a smaller office or less memberships with the Host. Furthermore, no refund will be made if the Tenant moves out within 12 months of move in date.
If a rental agreement is brokered via Workaround but relates to other office space which the Host also owns or represents, Workaround is entitled to charge a service fee for this brokerage service.
Workaround will invoice Host on twenty (20) days payment terms. In case of late payment, Workaround shall be entitled to interest in accordance with Swedish law.
Any payment is stated exclusive of VAT and any local taxes applicable in Host’s jurisdiction. Host shall indemnify Workaround for any and all taxes, fees, charges or other expenses and lawful obligations imposed on Workaround relating to the Host’s use of the Service in Host’s jurisdiction.
11. Assignment of lease agreement to Tenant
If a lease agreement is assigned to a Tenant that has been brokered via Workaround, you as the advertiser must pay a service fee equivalent to 10% of the annual rent. When a lease agreement is assigned to a Tenant, it is not possible to choose Workaround’s regular payment model.
If the assignment of a lease agreement occurs after the regular payment model has already commenced, the advertiser can choose to pay 10% of the annual rent in order to complete the final payment to Workaround. In such circumstances, any service fees already paid for the brokerage service will be deducted from the amount payable, i.e. from the amount equating to 10% of the annual rent.
In order to terminate the regular payment model as of the date on which the Tenant vacates the office space (if this occurs within twelve months of the date of possession), the advertiser is obligated to provide a copy of the written notice of termination from the Tenant in question, for example by forwarding a copy of the email in which the Tenant confirms the termination, or by attaching a copy of a termination agreement. Please see the section Payment model and billing.
In order to terminate an ongoing regular payment model, you must send the above information via email to: firstname.lastname@example.org.
It is the Host’s obligation to provide Workaround with prompt notification of the termination of a rental agreement. Workaround is never liable to repay any paid or outstanding service fees if a Host only provides notification of the termination of an agreement by a Tenant AFTER the date of such termination.
13. No warranty and limitation of liability
The Service is provided "as is" without warranty of any kind and use of the Service is the responsibility of the User. Workaround does not guarantee continuous, uninterrupted or secure access to the Service or that all information is always correct and complete and cannot be held responsible for any errors that may occur as a result of, for example, typing errors, technical interruptions or missing information. Workaround cannot be held liable for any damage caused by Hosts, Tenants, Users or third parties.
Except for damage caused by Workaround's gross negligence or wilful misconduct, Workaround is not liable to the User, Hosts, Tenants or any third party for any indirect damage, such as but not limited to loss of profit, loss of income, loss of turnover, loss of contracts, loss of data, goodwill damage or consequential damage of any kind, arising out of or in connection with Workaround's provision of the Service, the use of the Service or inability to use the Service.
The Host and Workaround agree that Workaround's aggregate total liability to the Host shall be limited to twenty-five (25) percent of what the Host has paid to Workaround during the twelve months preceding the damage.
The Host shall defend Workaround and indemnify Workaround against all claims, losses and demands arising from the Host's improper use of the Service, the Host's breach of these Terms and Conditions for Hosts and/or disputes with Tenants relating to the Host.
15. Processing of personal data
When Workaround transfers personal data to the Host relating to Tenants, the Host is the data controller for its own processing of Tenants' personal data. The Host shall collect and process personal data in accordance with the General Data Protection Regulation (EU 2016/679), also called GDPR. Under the GDPR, the Host shall inform Tenants of the Host's own processing of personal data.
16. Modification of these terms and modification of the Service
Workaround is entitled to amend these Terms and Conditions for Hosts. Workaround will inform the Host of any such changes that materially affect the Host's rights and obligations under these Terms and Conditions for Hosts no later than thirty (30) days before a change takes effect. Workaround will provide such information on its website, in the Service or by email to the email address provided by you.
Each party is entitled to terminate these Terms and Conditions for Hosts and the parties' agreement in writing, subject to a 30-day notice period. If the Host terminates the agreement and Workaround has provided prospective Tenants to the Host, the Terms and Conditions for Hosts shall continue to apply to such referrals, which means, among other things, that Workaround is entitled to its service fee. Notwithstanding the termination of the Terms and Conditions for Hosts, Workaround shall be entitled to receive from the Host all service fees that are outstanding and/or ongoing at the termination of the Terms and Conditions for Hosts. Workaround is entitled to enforce the provisions of the Terms and Conditions for Hosts against the Host until all service fees have been finally settled.
Workaround has the right to change, revise or stop providing the Service at any time, without incurring any liability for Workaround. Workaround is also entitled to terminate the agreement with the Host immediately or suspend the User and/or Host from further use of the Service. No reimbursement from Workaround of already paid service fees will be made in case of termination of the agreement.
17. Independent parties
Workaround and the Host are independent traders. Neither party is authorized to enter into contracts on behalf of the other party or to represent the other party, except as expressly stated in These Terms and Conditions for Hosts.
The Host must be approved for corporate tax in the Host's country of operation.
The Host must have a valid business insurance policy for its activities.
Host may not assign or transfer any rights or obligations arising from these Terms and Conditions for Hosts. Workaround may assign and transfer the agreement and rights under these Terms and Conditions for Hosts without Host's consent.
19. Applicable law and disputes
These Terms and Conditions for Hosts shall be governed by and interpreted in accordance with Swedish law, without application of its conflict of law principles.
Any dispute or claim arising out of or in connection with these Terms and Conditions for Hosts, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts with the Stockholm District Court (Sw. Stockholms tingsrätt) as the court of first instance, unless otherwise provided by mandatory law.