Terms and Conditions
Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
1.1 These general terms and conditions (General Terms) shall apply to the engagement between Stories.Space B.V., hereafter Stories, and the customer designated in the Stories membership confirmation (Customer) (each a Party and together, the Parties).
1.2 Capitalized terms used in these General Terms which are not defined shall have the meaning given to them in the membership proposal.
1.3 If the terms of the membership proposal conflict with these General Terms, the terms set out in these General Terms shall take precedence unless Stories notifies otherwise.
1.4 Any terms and conditions provided by the Customer shall not apply without the prior written consent of Stories, and any terms implied by trade, customer, practice, or cause of dealing are excluded.
2. TERM
The term of the Agreement shall be the period designated in the membership proposal (Term). The Term shall begin at 8.30 am on the commencement date designated in the Stories (Membership Confirmation) unless terminated earlier in accordance with the terms of the Agreement. The Term will end at 9 pm on the last rented day of the last week specified in the membership confirmation. The Parties are allowed to amend the terms of the Agreement by mutual agreement, at any moment, in writing.
3. DELAY IN THE PROVISION OF OFFICE SPACES
3.1 Stories shall neither be responsible nor liable to the Customer in case of a delay in providing office spaces immediately following the commencement of the Term. In such event, the Customer shall not be obligated to pay Stories until an office space is made available for the Customer’s use.
3.2 If office space is not made available for the Customer’s use within 14 (fourteen) Business Days from the commencement of the Term, the Customer’s sole and exclusive remedy shall be to cancel the Agreement by submitting an advanced written notice, and Stories shall promptly after that refund all amounts paid by the Customer to Stories in respect of the Agreement
4. STATUS OF OCCUPATION AND RELOCATION
4.1 The whole of the Premises (as defined herein) shall remain under the sole possession and control of Stories at all times.
4.2 Stories may, at any time during the term of the Agreement, allocate to the Customer an alternative equivalent office or equivalent workspace in the Premises or other Stories premises if necessary due to organisational reasons and does not adversely affect the Customer considerably. The allocation and moving within the Premises or other Stories premises is subject to 30 days prior written notice.
4.3 Stories and the Customer hereby acknowledge and agree that the Agreement creates no tenancy interest (including any security of tenure), exclusive occupation right, leasehold estate or proprietary interest or rights and any occupation of any premises or property of Stories by the Customer shall be as a mere licensee.
5. SERVICE PACKAGE
5.1 By the membership confirmation, subject to availability, the Customer may choose any of the following services:
5.1.1 Office workspace: a room dedicated to the Customer’s exclusive use during the specified day terms in the membership proposal.
5.1.2 if applicable: open space seat: a seat dedicated to the Customer’s exclusive use in the open space area with an additional Stories Club Membership and/or
5.2 The Customer shall be entitled to the following services (the Services):
5.2.1 the right:
5.2.1.1 to enter the Stories Premises designated in the membership confirmation (Premises);
5.2.1.2 to use the room specified in the membership proposal (Office) and
5.2.1.3 to enter any space that is neither a workstation nor office (or other space) dedicated to a specific Customer of Stories or to Stories itself from time to time (Communal area, Stories Club)
5.2.2 the right to use the furniture and facilities provided in the Customer’s Office or Common Space by Stories;
5.2.3 access to WiFi (throughout the Premises) internet services;
5.2.4 if applicable: printing, photocopy and scanning services to the extent specified as a fair use policy.
5.2.5 There are no reception services, so receiving mail will not be possible at the locations. Only in exceptional cases, as communicated with Stories, will Stories be liable for any loss, damage, or destruction to any post or package.
5.3 Save where the Customer has agreed to a predefined Term, Stories shall be entitled to modify the Services at any time (at its sole discretion), provided that Stories provides no less than 60 days’ prior written notice of any such changes to the Customer.
6. ACCESS TO THE PREMISES AND OPERATING HOURS.
6.1 the Customer shall be afforded access to the Premises and the Office during the day term(s) specified in the membership proposal. Stories support by telephone or email provided by Stories staff will be available between 9 am and 5 pm on weekdays, excluding bank holidays.
7. (NATIONAL) HOLIDAYS
7.1 When the Customer cannot use the services because of holidays or other circumstances, the customer can receive up to 50% of the missed dayparts as credits (up to 3 weeks per 6 months). These credits will be valid for 180 days from the assignment date.
The Customer needs to inform Stories at least 14 days beforehand. These credits can be used to book additional hours in the specified rooms via the online booking system.
7.2 Stories will be opened during National Holidays. When the Customer does not intend to use the services during these days, the customer can receive 50% of the total missed hours or dayparts as credits when Stories is informed at least two weeks in advance.
8. AUTHORIZED USERS
8.1 The persons authorised to make use of the Office and receive services from Stories are those specified in the membership proposal (as amended from time to time in accordance with this clause) (the Authorized Users).
8.2 The Office and its services are authorised to be used by only those persons appearing on the list of Authorized Users.
8.3 The list of Authorized Users shall include only employees, legal representatives of the Customer or third parties whose use of the Office is intended to serve the Customer’s business activities.
8.4 The number of Authorized Users shall be restricted to 2 persons.
8.5 The Customer is responsible for ensuring that the list of Authorized Users is always up-to-date and shall inform Stories by prior written notice if any changes are to be made.
8.6 If the Customer wishes to change the Authorized User and the number of Additional Authorized Users exceeds the number of workstations and/or office space available in the Office specified in the membership proposal, Stories shall be entitled to refuse the admission of such Additional Authorized users or invoke the provisions of clause 4.2.
8.7 The Customer shall not include in the list of Authorized Users any person intending to use the Offices for purposes other than the Customer’s business activities. The Customer shall be responsible and liable for any acts or omissions of its Authorized Users.
9. REGISTRATION FEE, SERVICES AND FACILITIES INCLUDED IN THE MEMBERSHIP FEES
9.1 Upon signing the membership agreement, these terms and conditions are binding.
9.2 The membership fee due by the Customer under the Agreement and as specified in the membership confirmation includes payment for the use of the Office, the Premises, the Services, the support by the personnel of Stories specified above in clause 6, for building and Premises management fees, electricity and water consumption, cleaning, and the operating costs of the Premises and the building and the public facilities made available by Stories to its users (kitchen, hot beverages (coffee/tea), milk, etc.).
9.3 All new customers are subject to a one-time registration fee.
9.4 To correct for inflation on our rented properties, we can raise membership fees by a maximum of 5% annually. Stories will always inform you about the adjustment as soon as possible.
10. PAYMENTS FOR ADDITIONAL SERVICES
10.1 Services exceeding the quota of the services designated in the membership proposal shall incur an additional fee. If applicable, the Fees for additional services shall be according to the amount specified in the membership proposal. Stories may at any time modify or cease to offer the additional services.
10.2 Stories' online booking system allows the booking of additional hours of private sessions; therefore, the Customer pays an additional fee per hour booked.
11. PAYMENT
11. PAYMENT
11.1 The Invoice will be paid through weekly or monthly direct debit (NL: Automatisch Incasso), credit card, or PayPal. The Customer shall be obligated to pay Stories the membership fees throughout the Term in accordance with the terms of the membership proposal, irrespective of whether or not the Customer utilizes the Services (Membership Fees).
11.2 The Membership Fees shall be payable in advance based on your billing cycle.
11.3 Stories shall issue invoices to the Customer for the Membership Fees and for any other payment the Customer is obligated to make in accordance with the Agreement. Payment of the invoices and all further charges arising under the Agreement shall be made not later than on the due dates—without suspension, deduction, or set-off against any claim the Customer has against Stories—by payment as stated in 11.1. The Customer can only set off a claim if the claim has been determined by the court.
11.4 In the event of late payment, Stories reserves the right to charge statutory collection fees (Wettelijke Incassokosten) in line with Dutch law. These fees include a minimum collection cost of €60 for business customers. Also, late payments will accrue interest at 1% per month, calculated from the due date until payment is received.
11.5 Should any payment remain outstanding for longer than six months or if the outstanding balance reaches or exceeds €2000, Stories reserves the right to transfer the claim to a debt collection agency. The customer will bear any additional costs related to debt collection.
11.6 Stories shall be free to amend the place or method of payment by written intimation to the Customer. Stories shall be entitled to decide which outstanding claims under the Agreement shall be reduced by any payment received from the Customer.
12. MODIFICATION OF FEES
12. 1 Save where the Customer has agreed to a predefined Term, Stories shall be entitled to modify the Membership Fees relating to any Services at any time by issuing an updated fee schedule. Notice of the modification of the user fee or fees for any other services shall be provided 60 days before the updated fee schedule takes effect.
12.2 If a force majeure situation directly affects the business operations of Stories and its locations, Stories reserves the right to impose a surcharge. A force majeure situation refers to an unforeseen event beyond the control of Stories, such as natural disasters, war, terrorism, or government actions. Upon a force majeure situation, Stories will use reasonable efforts to inform you of the imposed surcharge promptly. They will try to reach a mutually satisfactory solution regarding paying such a surcharge. However, Stories shall not be held responsible for any loss or damage resulting from a force majeure situation.
13. TERMINATION
13.1 All agreements/memberships, unless expressly stated otherwise, will automatically renew for an equivalent term. To avoid automatic renewal, either Party should email the other Party written notice at least 30 days before the current membership term concludes.
13.2 Agreements set for a defined, non-renewable term cannot be prematurely terminated without a specific cause. The Customer is responsible for fulfilling all associated payments for the entire term.
14. CONSEQUENCES OF TERMINATION
The early termination (in predefined Term agreements only) of the Agreement shall not derogate from any Customer obligations under the Agreement, including payment obligations as outlined in the membership proposal, until the end of the Term, regardless of whether the Customer has vacated the Office and regardless of whether Stories has executed an agreement with alternative customer for remainder of the Term under the Agreement. It is hereby clarified that in the event of termination of the Agreement, the Customer shall owe all of the remaining payments and other fees according to the Agreement until (and payment must be made ultimately by) the end of the Term, irrespective of whether or not the Customer utilises the Services.
15. TERMINATION OF THE AGREEMENT WITH CAUSE
15.1 Stories shall be entitled to terminate the Agreement with immediate effect by written notice to the Customer if the Customer:
15.1.1 is in material breach of any provision of the Agreement and the breach, if capable of remedy, has not been remedied within ten (10) Business Days after receipt by the Customer of notice requiring the breach to be remedied;
15.1.2 persistently breaches any term of the Agreement;
15.1.3 being a corporate body, enters into liquidation or any composition with its creditors, or has a resolution passed to wind up (except for amalgamation or reconstruction) or has a receiver or administrator appointed over all or any part of its assets or ceases permanently to trade or threatens to do so;
15.1.4 being an individual, is the subject of a bankruptcy petition or order, or it makes an application for a bankruptcy order in relation to itself; or
15.1.5 fails to pay any fees due under the Agreement within five (5) Business Days of the relevant due date;
15.1.6 the Customer or any of its Authorized Users or clients/guests violate the Stories Club rules;
15.1.7 the Customer and/or any of its Authorized Users conduct any act that is deemed (by Stories, in its absolute discretion) to be disruptive, intimidating, unlawful, defamatory, libellous, threatening, pornographic, harmful, hateful, racial, violent, or offensive or an act of a disorderly nature or create any excessive noise or any act causes nuisance, trouble or inconvenience;
15.1.8 After three formal warnings, as stated in 14.3;
15.1.9 When the customer or his/her guests/clients negatively affect other members;
15.2 In the event of termination of any lease for the Premises for any cause, the Agreement shall terminate on that same date, and the Customer shall not have any claims in this regard towards Stories. Section 21 of these General Terms (Limitation of Liability and Indemnity) remains unaffected.
17. END OF TERM
17.1 Upon termination of the Agreement for any reason, the Customer shall:
17.1.1 vacate and remove all belongings from the Office or his workstation and the Premises immediately, return the Office or workstation adequately cleaned and in an equivalent condition as at the time of handover, except for fair wear and tear and free of any person or object. Stories shall be entitled to charge the Customer for the costs of cleaning or for bringing the offices or workstations to their original state upon vacation by the Customer and deduct such amounts from the Deposit or under clause
17.1.2 return all Access Tags/Keys and suchlike to Stories by no later than 9 pm on the Vacating Day and
17.1.3, if the Customer fails to fulfil his obligations mentioned above within three Business Days upon written request of Stories. Suppose Stories cannot provide the office or workstation to other customers due to a late vacation of an office or workstation or in case of a return of an office or workstation in a condition not compliant with the Agreement due to an act or omission of the Customer. In that case, Stories shall be entitled to compensation for all damages incurred by the Customer. The provisions of this Section shall also apply if the Customer moves to another office or location on the Premises;
18. OBLIGATIONS OF CUSTOMER
18.1 The Customer shall:
18.1.1 not make any changes, additions or modifications to the Premises or any Office, including bringing additional furniture - business requirements excluded -, furnishings or decorations into the Office or Premises or installing satellite or microwave antennas, dishes, cabling, and technology or telecommunications lines in the Office or Premises without the prior written consent of Stories (at its sole discretion);
18.1.2 ensure that none of its staff, contractors, or attendees trespass on to any property of Stories which is not included in the Office or Premises;
18.1.3 ensure that its staff and contractors behave in a professional manner and do not cause any nuisance or annoyance to Stories or anyone else at the Office or Premises or occupiers of any adjoining or neighbouring property;
18.1.4 We don’t allow pets on any of the Premises;
18.1.5 not create any trouble, hindrance or nuisance to Stories or anyone else at the Office or Premises or occupiers of any adjoining or neighbouring property or cause any (potential) damage while making use of the Premises or the building or complex of buildings containing the Premises and take due care to ensure that any visitors or attendees do not cause any (potential) damage while making use of the Premises or cause any nuisance, hindrance or annoyance to Stories or anyone else at the Office or Premises or occupiers of any adjoining or neighbouring property;
18.1.6 comply with Stories’s compliance requirements as notified from time to time, including the provision of appropriate identification (as determined by Stories) to satisfy Stories’s KYC (know your customer) requirements;
18.1.7 ensure that all equipment introduced by the Customer or its agents or representatives into the Office or Premises complies with all applicable safety regulations and standards and is correctly and properly used and operated in good and safe working order;
18.1.8 use the Premises and the Office exclusively for the purpose stated in the Agreement;
18.1.9 pay due attention to existing restricted rights, qualitative obligations and any requirements imposed or to be imposed (including requirements relating to the Customer’s business, the use of the Office and everything present within the Premises) by any governmental organisation or utility company, or similar companies involved in the supply, transportation and metering of consumption of energy, water etc., and act in accordance with the provisions of the law and local by-laws as well as customary practices in relation office buildings, and instructions issued by the authorities, utility companies and insurers;
18.1.10 Do Not use fragrances (incense) or fire material (candles).
18.1.11 not place any advertising or signs or modifications and additions, other than with the explicit prior written approval of Stories;
18.1.12 not permitted without the prior written permission of Stories trespass or allow others to trespass on service and equipment areas, flat areas, roofs, gutters and spaces and areas not intended for general use in the Premises;
18.1.13 comply with official regulations or instructions from any competent authorities, as well as reasonable instructions from Stories;
18.1.14 keep escape routes and emergency doors free at all times in the Premises and guarantee accessibility of fire extinguishing facilities;
18.1.15 be responsible for the proper and skilful use of any technical systems forming part of the Premises;
18.1.16 notify Stories without delay of any defect in the Premises or Office and any (imminent) damage arising from that defect and take appropriate and timely steps to prevent and confine any damage to the Premises or Office;
18.1.17 be liable to Stories for all damage to its Office/Rooms or the Premises unless the Customer proves that no blame should be attached to the Customer and to individuals for whom the Customer is responsible (guests/clients).
18.1.18 They are liable and responsible for ensuring their guests follow all Stories Club rules and policies. If their guests violate such laws or policies, they can face suspension or termination of their membership.
18.1.19 indemnify Stories against any fines that Stories may incur due to the conduct or negligence of the Customer and to individuals for whom the Customer is responsible;
18.1.20 lodge any complaints and requests in writing only. This may be done orally in urgent cases. In such cases, the Customer shall confirm the complaint or request as quickly as possible in writing;
18.1.21 inform Stories in writing of intended, relevant changes in their organisation, including the company law structure and make sure that the communication above will reach Stories at a time such that it can take all timely measures about the proposed change, including but not limited to legal actions such as filing an objection to a proposed legal merger or demerger;
18.1.22 comply with oral and written instruction issued by or on behalf of Stories for proper use of the Premises and the internal and external areas, installations and facilities of the building or complex buildings containing the Premises. This includes reasonable instructions regarding maintenance, appearance, noise level, order, fire safety, parking behaviour and proper functioning of the installations concerning the building or complex of buildings of which the Premises form a part;
18.1.23 be obliged to at all times provide access to Stories or those applying on Stories’s behalf, and to make facilities available for the work to be carried out and/or viewings or valuations of the Premises; and
18.1.24 not do anything that would cause a breach or could reasonably be expected to cause a breach of the tenant's obligations under the lease agreement by which Stories holds the Premises.
18.1.25 Adhere to the house rules provided by Stories, which will be communicated to the Customer during the introduction meeting at the start of their membership. The house rules are subject to change.
18.1.26 Know the smoking policy—all members and their clients are obligated to abide by Stories' smoking policy, then in effect and all applicable no-smoking governmental laws, rules, and regulations. No smoking (including e-cigarettes and vapes) is allowed inside the locations at any time. Stories reserves the right to prohibit or limit smoking in any area of Stories' premises at any time at its sole and absolute discretion.
18.1.27 The Customer agrees to act in accordance with the regulations and codes of conduct of Stories, as amended from time to time. The regulations and codes of conduct are available on the Stories website and Stories and at Stories's Premises.
18.3 The Customer and its Authorized Users shall not conduct any act that may be disruptive, unlawful, defamatory, libellous, threatening, pornographic, harmful, hateful, racial, violent, or offensive or act of a disorderly nature or create any excessive noise or any act causes nuisance, trouble or inconvenience.
18.4 If the Customer has an open-space seat, the Customer shall remove their belongings from the open space immediately whenever the Customer is not using the relevant open-space seat. The Customer's belongings and property shall be at the Customer's sole risk, responsibility, and liability.
18.5 Stories does not control and is not responsible for the actions of other customers. Suppose a dispute arises between the Customer and any third party. In that case, Stories shall have no responsibility or obligation to participate, mediate, take action or indemnify any party in connection to the dispute. The Customer, including on behalf of its Authorized Users, hereby releases and irrevocably waives and renounces any claim, demand or other cause or action arising from any act or omission of any party other than Stories.
18.6 The Customer is exclusively and solely responsible for maintaining insurance at its own expense for the Term, which covers, in respect of the Customer and any of its Authorized Users, (i) loss and damage to property, (ii) injuries to Customer, the Customer Related Person or other third party, and (iii) prevention of use of or access to some or all parts of the complex. Stories shall not be responsible for verifying the existence or terms of the Customer's insurance.
18.7.1 not use the internet for the retrieval or distribution of immoral or unlawful content;
18.7.2 not unlawfully download, multiply, distribute or provide access to goods protected by copyright;
18.7.3 refrain from publishing or sending harassing, slanderous or threatening content and
18.7.4 Do not use the Internet to distribute mass emails (spam) and/or other unlawful advertisement.
18.8 The Customer may not use pictures or illustrations of the Premises in any advertising, publicity or other purpose without the prior written consent of Stories.
18.9 The Customer must not use Stories' name or trademark in any way related to the Customer’s business without Stories' prior written consent.
18.10 The Customer shall use Common Spaces temporarily, reasonably and without any interference to the use by any other person. The Customer shall not store its property or materials in Common Spaces.
18.11 The Customer is not entitled to host any public events in the Premises without Stories' (at its sole discretion) prior written consent. To obtain such consent, the Customer shall provide Stories with reasonable notice and all required paperwork.
19. DATA PROTECTION
19.1 In the clause:
19.1.1 “Data” means the data or information, in whatever form, which is owned, controlled, processed or stored by the Customer on the Stories systems and network;
19.1.2 “Data Protection Laws” means the European Directives 95/46/EC, 2002/58/EC and EU Regulation 2016/679 (the General Data Protection Regulation) and any legislation and/or regulation implementing or made under them, or which amends, replaces, re-enacts or consolidates any of them (including but not limited to the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003), and all other applicable laws relating to the processing of personal data and privacy that may exist in any relevant jurisdiction, including, where applicable, the guidance and codes of practice issued by the relevant supervisory authorities; and
19.1.3 the terms “appropriate technical and organizational measures”, “data controller”, “data processor”, “data subject”, “personal data”, and “processing” shall be interpreted in accordance with Directive 95/46/EC or other applicable Data Protection Laws.
19.2 The parties agree that:
19.2.1 the provisions of this clause 19 shall apply to any personal data which is included in the Data (“Relevant Data”); and
19.2.2 The customer is the data controller, and Stories is the data processor for any Relevant Data Stories processes in connection with the Agreement.
19.3 Where required by Data Protection Laws, the parties shall include in the Agreement a description of the relevant processing activities to be carried out by Stories about the Relevant Data (including the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data being processed, the categories of data subjects and the obligations and rights of the Customer as data controller) via a written amendment agreed and signed by both parties.
19.4 Each party undertakes to comply in all material respects with all of its obligations under applicable Data Protection Laws that arise in connection with the processing of Relevant Data in accordance with the Agreement and not to act in a way that causes the other party to be in breach of its obligations under applicable Data Protection Laws.
19.5 Stories agrees that it shall:
19.5.1 only process Relevant Data in accordance with the Customer’s written instructions from time to time and shall promptly notify the Customer if, in Stories’s opinion, an instruction infringes applicable Data Protection Laws. If applicable law requires Stories to process Relevant Data for any other purpose, it shall, where legally permitted, inform the Customer before carrying out such processing;
19.5.2 ensure that any personnel required to access the Relevant Data have committed to keep it confidential or are under an appropriate statutory obligation of confidentiality;
19.5.3 Stories shall not give access to or transfer any Relevant Data to any third party, except Stories group companies, without the Customer’s prior written authorisation. Where such authorisation is given, Stories shall be included in all contracts with third parties processing Relevant Data directly or indirectly on the Customer’s behalf, as well as provisions in favour of the Customer that are consistent with those in this clause 19.
19.5.4 implement and maintain appropriate technical and organisational measures to protect Relevant Data against unauthorised or unlawful processing and accidental destruction or loss, damage, theft, alteration, or disclosure and ensure that such measures provide a level of security that is appropriate to the risk to the Relevant Data;
19.5.5 taking into account the nature of the processing being undertaken by Stories in connection with the Agreement, assist the Customer by implementing appropriate technical and organisational measures (in so far as possible) to enable the Customer to fulfil its obligation to respond to requests from data subjects exercising their rights under applicable Data Protection Laws about the Relevant Data;
19.5.6 taking into account the nature of the processing being undertaken by Stories in connection with the Agreement and the information available to Stories, assist the Customer in compliance with its obligations in relation to the Relevant Data under Articles 32 – 36 (inclusive) of the General Data Protection Regulation;
19.5.7 promptly refer to the Customer any queries in respect of Relevant Data from data subjects, supervisory authorities or any other law enforcement authorities for the Customer to resolve, and promptly provide such information to the Customer as it may reasonably require to allow such resolution;
19.5.8 at the Customer’s request, provide all information reasonably necessary to demonstrate Stories’s compliance with this clause 19;
19.5.9 on expiry or termination of the Agreement, upon the Customer’s request, securely destroy or return all Relevant Data to the Customer and delete existing copies (unless applicable law requires Stories to store the Relevant Data); and
19.5.10 allows and provides all reasonable assistance to enable the Customer and its auditors or authorised agents to conduct audits or inspections to verify Stories’s compliance with this clause 19 and all applicable Data Protection Laws. Such audits or inspections may only be conducted once in any 12 months (unless a Security Incident (as defined below) has occurred within the previous 12 months) and on not less than seven days’ prior written notice to Stories. Any such audit or inspection will be limited to records, processes and systems relating to the Relevant Data. It will be conducted in a manner that does not disrupt Stories' operations or prejudice the duties owed by Stories to third parties.
19.6 The Customer hereby consents to processing the Relevant Data outside the European Economic Area. Relevant Data may be transferred for Stories to manage specific security processes, such as access control and disaster recovery purposes. Stories consider such transfers necessary to efficiently and effectively perform its obligations under the Agreement.
19.7 If Stories becomes aware of any accidental, unauthorised or unlawful destruction, loss, alteration, disclosure of or access to any Relevant Data that it processes in connection with the Agreement (a Security Incident), it shall promptly, but in all cases within three days, notify the Customer and provide the Customer with all reasonable assistance and co-operation that it requires in connection with the Security Incident.
19.8 For the avoidance of doubt, where a third party processing Relevant Data on behalf of Stories, including any Stories group company or subcontractor, fails to fulfil its obligations under any sub-processing agreement or any applicable Data Protection Laws, Stories shall remain fully liable to Stories for the fulfilment of Stories’s obligations under the Agreement.
20. RIGHTS OF STORIES
20.1 Stories shall have a right to enter any Premises, any Office and to move any furniture at any time, with the requirement for prior notice, for:
20.1.1 carrying out maintenance services for security or safety purposes and/or
20.1.2 to ensure compliance with the Agreement.
20.2 The Customer agrees that Stories may store and process the Customer’s data for internal purposes. The Customer acknowledges that if Stories is legally obligated to provide information to a competent authority regarding the Customer or any Authorized User or to allow access into Stories Premises and the Office, it shall be entitled to do so without obtaining the Customer’s consent and neither it nor its Authorized Users shall have any claim in this regard.
20.3 The Customer acknowledges and agrees on behalf of its Authorized Users that security cameras are installed in the Common Space, entry, and open space area. No security cameras will be installed in the private rooms for recording devices. The Customer shall not request, and Stories shall not have any obligation to maintain or provide the Customer with any Premises photos, photographic records, video films, or other security video films.
21. LIMITATION OF LIABILITY AND INDEMNITY
21.1 The Customer acknowledges that the provision of certain Services is inherently dependent upon the operation and functioning of third-party services and infrastructure such as communications, internet, electricity and the like, which are not controlled by Stories. To the extent permitted by law, Stories shall not be responsible or liable in any form or manner for any malfunction, disruption or failure in any of the third-party infrastructure or services upon which the Services rely other than in case of malicious intent or gross negligence on the part of Stories.
21.2 Stories does not provide any warranty or obligation regarding the operability of the air conditioning system or a specific maximum temperature.
21.3 To the extent permitted by law, Stories, its directors, employees (and the employees of its associates), agents and associates shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
21.3.1 loss of profits;
21.3.2 loss of sales or business;
21.3.3 loss of agreements or contracts;
21.3.4 loss of business opportunity;
21.3.5 loss of anticipated savings;
21.3.6 loss of or damage to goodwill;
21.3.7 any indirect or consequential loss;
21.3.8 loss of use or corruption of software, data or information;
21.3.9 loss arising in respect of any failure of data security or computer systems; and
21.3.10 loss arising in respect of any failure of any third-party supplier (including, without limitation, utility, telecommunications, and media suppliers) to Stories or the Premises, whether or not such losses are within the contemplation of the parties at the date of the Agreement.
21.3.11 any direct or indirect physical injuries for the Customer or its guests which occurred on the premises of Stories
21.4 The Customer hereby indemnifies (and will keep indemnified) Stories, its directors, employees (and the employees of its associates) and agents in respect of claims by third parties in respect of any liability arising or expenses, damages or any other costs incurred as a result of any act or omission by the Customer, its Authorized Persons, its representatives or its agents or its associates or due to any breach of the Customer’s obligations under the Agreement.
21.5 Stories gives no warranty that any Premises or any Office is legally or physically fit for any purpose, and all warranties, conditions and other clauses implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. The Customer is obliged to (arrange to) thoroughly inspect the Premises or any Office before entering into the Agreement to verify whether the Premises or any Office is suitable by the Customer for the agreed purpose for which the Customer wishes to use the Premises or any Office. The Customer guarantees it has carried out the inspection above and that the Premises or any Office is suitable for the agreed purpose for which the Customer wishes to use the Premises or any Office.
21.6 Nothing in the Agreement limits or excludes the liability of Stories, which cannot be excluded as a matter of law.
21.7 Stories’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Agreement will be limited to the equivalent value of the Membership Fees paid to Stories in the six months preceding the claim.
22. VAT
22.1 All amounts set out in the membership proposal are exclusive of value-added tax (VAT), which shall, where applicable, be payable by the Customer at the prevailing rate at the same time and in the same manner as the relevant Membership fee.
23. CONFIDENTIALITY
23.1 Subject to clause 23.2, each Party will treat as strictly confidential all confidential information received or obtained as a result of entering into or performing the Agreement that relates to the other Party or the provisions of the Agreement and its subject matter.
23.2 Either Party may disclose information which would otherwise be confidential:
23.2.1 if and to the extent that it is required by the law of any relevant jurisdiction or by any securities exchange or regulatory or governmental body to which the Party is subject;
23.2.2 to its professional advisers and auditors, provided that the disclosing Party ensures that all such professional advisers and auditors are made aware of the obligations of confidentiality contained in this clause 23 and comply with such obligations as if binding on them;
23.2.3 if it has come into the public domain through no fault of that Party or
23.2.4 if the other Party has given prior written approval to the disclosure.
23.3 The restrictions in clause 23 will continue to apply after the agreement has been terminated.
24. SERVICE LEVEL AGREEMENT
Stories are expected to deliver the following Service Level Agreement in case problems are not caused by external parties, as stated in 21.1
24.1 Critical hygiene: within 6 business hours
24.2 Non-critical hygiene: within 36 business hours
24.3 Critical for operation: within 6 business hours
24.3 Non-critical for operation: within 36 business hours
25. MISCELLANEOUS
25.1 Stories shall not be liable to the Customer for failure to perform any obligation under the Agreement to the extent that the failure is caused by any factor beyond Stories' reasonable control.
25.2 Where the Customer comprises more than one individual or entity, such individuals or entities shall be jointly and severally liable to observe and perform the Customer’s obligations under the Agreement.
25.5 Nothing herein contained shall be deemed to create or establish an employment, agency, joint venture, or partnership relationship between the Parties or any of their agents or employees or any other legal arrangement that would impose liability upon one Party for the act or failure to act of the other Party.
25.6 Any notice or other communication given under the Agreement must be in writing (which for this clause 24.6 includes email) and delivered personally, sent by first class post, or email to the relevant party’s address specified in the Agreement or to such other address or email address as either party may have last notified to the other. The Customer shall immediately notify Stories of any changes in the Customer’s personal and contact details.
25.7 Stories shall be entitled to modify these General Terms at any reasonable time without written notice to the Customer. The modified General Terms will be available for viewing on www.stories.space/terms-and-conditions
25.8 If any of the Agreement's provisions are found by a court or other competent authority to be void or unenforceable, such provision will be deemed deleted, and the remaining provisions will continue in full force and effect. The Parties will negotiate in good faith to agree on the terms of a mutually satisfactory provision to be substituted for the provisions found to be void or unenforceable.
25.9 The Agreement and the documents referred to in it constitute the entire agreement and understanding of the parties and supersede any previous agreement between the Parties relating to the subject matter of the Agreement.
25.10 Each party agrees that, in entering into the Agreement, either it did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in the Agreement or (if it did rely on any representations, whether written or oral, not expressly set out in the Agreement) that it will have no remedy in respect of such representations and (in either case) neither party will have liability in any circumstances otherwise than in accordance with the express terms of the Agreement.
25.11 Nothing in the Agreement will operate to limit or exclude any liability for fraud or fraudulent misrepresentation.
25.12 The Agreement between the Parties does not contain any stipulation in favour of a third party (derdenbeding).
25.13 Every deviation/addition from/to the Agreement must be agreed in writing between the Parties unless expressly stated differently in this Agreement.
25.14 Any permission granted by Stories is for one time only and is not valid for other or subsequent instances. Stories are entitled to attach conditions to their permission(s)
25.15 The Customer agrees to receive emails and messages from Stories, which may include promotional content. The Customer may opt out of receiving promotional messages from Stories by following the instructions in those messages. If the Customer opts out, Stories may still send the Customer informative communications relating to the Agreement, such as information relating to the Customer account, services requested by the Customer or Stories ongoing business relations. In this section, the Customer shall not include Customer employees, agents, Authorized Users, or any other related Parties.
25.16 Each party must at its own expense do or procure to be done all such further acts and things and execute or procure the execution of all such other documents as may be reasonably necessary to give full effect to the Agreement and the events contemplated by it.
25.17 The Agreement may be executed in any number of counterparts, each of which, when executed, shall constitute a duplicate original, but all the counterparts shall together constitute one agreement.
25.18 In all cases where Stories issues a warning, notice of default or bailiff’s writ to the Customer, or where proceedings are taken against the Customer for compliance with its obligations or vacation of the Premises, the Customer shall be obliged to pay to Stories all costs incurred, both judicial and extrajudicial.
25.19 If the Customer, after having been duly placed in default by Stories, does not comply with the provisions of the Agreement, the Customer shall forfeit to Stories, insofar as no specific penalty has been agreed, a directly enforceable minimum penalty of €250.00 for every calendar day that the Customer is in default. The preceding does not affect the Stories’s right to enforce its other rights, including the right to demand compliance and the right to total compensation, insofar as the damage incurred exceeds the penalty forfeited.
25.20 A failure or delay in exercising a right or remedy provided by the Agreement or by law does not constitute a waiver of the right or remedy or other rights or remedies. A waiver of a breach of any of the terms of the Agreement or a default under the Agreement does not constitute a waiver of any other breach or default and will not affect the other terms of the Agreement. A waiver of a breach of any of the terms of the Agreement or a default under the Agreement will not prevent a party from subsequently requiring compliance with the waived obligation.
25.21 If one part of these General Terms or the Agreement is void or voidable, this will not affect the validity of the remaining provisions of these General Terms or the Agreement. In such a case, the void or voidable provision(s) shall be substituted, in accordance with the provisions of Section 3:42 of the Civil Code, by provisions as close as legally permissible to what the parties would have agreed if they had been aware of the nullity or voidability.
25.22 From the date of entry into the agreement, Stories may also send notifications to the address of the premises in connection with the performance of the agreement. If the customer is no longer using the premises, the customer undertakes immediately to notify Stories of this in writing while confirming its new domicile. If the customer leaves the premises without providing details of a new domicile to Stories, the address of the premises shall continue to operate as the Customer’s domicile.
25.23 The agreement shall be governed by and construed in accordance with Dutch law, and the parties hereby submit to the exclusive jurisdiction of the Dutch courts.

