1. Preamble and Definitions

1.1. Parties: This Fixed Desk Membership Agreement (“Agreement”) is entered into between fraqmented OÜ, a limited liability company registered in Estonia, with its principal place of business at Pikk 7, Tallinn, Estonia (“Company”), and the individual or entity (“Member”) subscribing to a fixed desk within the Company’s coworking space.

1.2. Definitions:

“Fixed Desk” refers to the designated workspace assigned to the Member within the Company’s coworking space.
“Coworking Space” refers to the premises located at Pikk 7, Tallinn, Estonia, operated by the Company.
“Membership” refers to the contractual relationship established between the Company and the Member, granting access to the Fixed Desk.
“Intellectual Property” includes, but is not limited to, trademarks, copyrights, patents, and trade secrets.
“Personal Property” refers to items brought to the Fixed Desk by the Member.

2. Desk Allocation and Customization

2.1. Assignment: Fixed Desks are allocated on a first-come, first-served basis, subject to availability. Upon execution of this Agreement, the Member shall be assigned a specific Fixed Desk.

2.2. Exclusive Use: The assigned Fixed Desk shall be for the exclusive use of the Member during the term of this Agreement.

2.3. Customization Rights: Members are permitted to customize their Fixed Desk space with Personal Property, provided that:

No structural alterations are made to the Fixed Desk or associated furniture.
Personal Property does not pose a safety hazard, create a nuisance, or violate any applicable laws or regulations.
Personal Property is arranged in a manner that does not impede the reasonable use of the Coworking Space by other members.

2.4. Ownership of Personal Property: All Personal Property brought to the Fixed Desk by the Member shall remain the sole property of the Member.

2.5. Removal of Personal Property: Upon termination of this Agreement, the Member shall remove all Personal Property from the Fixed Desk. Any items remaining after the termination date shall be deemed abandoned and may be disposed of by the Company.

3. Access and Security

3.1. 24/7 Access: Members shall be granted 24/7 access to the Coworking Space through the use of keys and keycards provided by the Company.

3.2. Access Credentials: Members are strictly prohibited from sharing their access credentials with any third party. Unauthorized access to the Coworking Space shall constitute a material breach of this Agreement.

3.3. Security Surveillance: The Fixed Desk area is subject to separate security surveillance systems for the protection of members and Company property.

3.4. Personal Valuables: Members acknowledge that they are solely responsible for the security of their Personal Valuables. The Company shall not be liable for any loss, theft, or damage to Personal Valuables.

4. Maintenance and Cleanliness

4.1. Weekly Cleaning: The Company shall provide weekly cleaning services for the Fixed Desk area, contingent upon the Member maintaining a clear and organized workspace.

4.2. Member Responsibilities: Members are responsible for the daily removal of trash and the general maintenance of a clean and orderly workspace.

4.3. Food and Beverages: Members may consume food and beverages at their Fixed Desk, provided that they do not create odors or disturbances that unreasonably interfere with the quiet enjoyment of the Coworking Space by other members.

5. Technology and Connectivity

5.1. Dedicated Network: Members shall have access to a dedicated network within the Fixed Desk area.

5.2. Power Usage: Members may utilize the provided power outlets for personal electronic devices, provided that such usage does not exceed the specified power output limits.

5.3. Prohibited Activities: Members are strictly prohibited from installing any unauthorized software or hardware on the Company’s network or from engaging in any activities that disrupt the network’s functionality.

6. Termination and Relocation

6.1. Termination: Termination of this Agreement shall be governed by the terms outlined in the Company’s general Terms and Conditions of Service.

6.2. Company’s Right to Relocate: The Company reserves the right to relocate a Member to an alternative Fixed Desk within the Coworking Space for operational reasons or in response to complaints from other members.

6.3. Refund Policy: The refund policy for Fixed Desk Memberships shall be as outlined in the Company’s general Terms and Conditions of Service.

6.4. Temporary Suspension: Members with a yearly subscription may request a temporary suspension of their Membership for a maximum of one (1) month per calendar year, subject to the Company’s approval.

7. Liability and Indemnification

7.1. Limitation of Liability: The Company shall not be liable for any loss, damage, or theft of Personal Property or for any other damages arising from the Member’s use of the Fixed Desk, except in cases of gross negligence or willful misconduct by the Company.

7.2. Insurance: Members are required to maintain adequate insurance coverage for their Personal Property.

7.3. Indemnification: Members agree to indemnify and hold harmless the Company, its officers, directors, and employees from any claims, liabilities, or expenses arising from their use of the Fixed Desk or any breach of this Agreement.

7.4. Member’s Responsibility for Damages: The Member shall be solely responsible for any damages caused to the Fixed Desk or the Coworking Space as a result of their actions or negligence.

8. Intellectual Property

8.1. Ownership: All Intellectual Property rights in the Coworking Space and its contents remain the sole property of the Company.

8.2. Confidentiality: Members shall maintain the confidentiality of any proprietary or confidential information encountered within the Coworking Space.

9. Force Majeure

9.1. Force Majeure: The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, or government actions.

10. Amendments and Governing Law

10.1. Amendments: The Company reserves the right to amend this Agreement at any time. Members will be notified of any material changes.

10.2. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Estonia.

10.3. Dispute Resolution: Any disputes arising from this Agreement shall be resolved through amicable negotiation. If negotiation fails, disputes shall be submitted to the competent courts of Tallinn, Estonia.

11. Entire Agreement

This Agreement, together with the Company’s general Terms and Conditions of Service, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

12. Contact Information

For any questions or concerns regarding this Agreement, please contact the Company through the provided support channels.