Terms and Conditions
Terms and Conditions
Version: 2.5
ARTICLE 1: DEFINITIONS
1.1. Stories
Stories.space B.V., with its registered office at Emmaplein 7A, 1075 AW Amsterdam, registered with the Dutch Chamber of Commerce (KvK) under number 76591824, VAT identification number NL860690751B01.
1.2. Member
The legal entity or natural person acting in the exercise of a profession or business that enters into an Agreement with Stories.
1.3. Agreement
The membership agreement between Stories and the Member, consisting of the Membership Agreement and these General Terms and Conditions, including any appendices and additions referred to in the Membership Agreement.
1.4. Membership Agreement
The document, signed by Stories and the Member (digitally or in “wet ink”), in which the specific commercial and practical arrangements of the membership are first laid down, such as duration, rates, type of membership, Room, Dayparts and Flexible Hours, including all renewals and amendments subsequently agreed digitally between the Member and Stories.
1.5. Location
The premises operated by Stories where the Member can make use of the Services.
1.6. Room
The specific office, practice or work space within a Location made available to the Member as part of the membership, whether on fixed times (Dayparts) or on a flexible basis (Flexible Hours).
1.7. Services
All services to be provided by Stories to the Member under the Agreement, including in any event:
access to the Location;
use of the Room;
use of the general waiting area for clients;
access to shared facilities such as WiFi and basic coffee and tea facilities (and, where available, pantry/kitchen facilities);
community activities;
use of the Stories App.
The nature and scope of the Services may be adjusted by Stories from time to time, without the Member being entitled to compensation as a result, provided that the nature and quality of the Services do not materially deviate from what has been agreed.
Stories applies service level agreements in the area of hygiene and operations, which are set out in the Community Guidelines and available via the Stories App.
1.8. Additional Services
Services not covered by the Services described in Article 1.7, such as parking and towel service, whether or not described in the Membership Agreement, will be invoiced separately. VAT on these Additional Services will be stated separately on the invoice.
1.9. Community Guidelines
The terms and conditions applicable per Location, as set out in the Stories App. The Community Guidelines may be amended unilaterally by Stories. All Members shall familiarize themselves with the Community Guidelines.
1.10. Stories App
The (web) application made available by Stories, which the Member can use, among other things, to book Rooms, manage the membership and consult information about the Location.
1.11. Dayparts
The fixed parts of the day per week during which the Member can structurally make use of a specific Room, as set out in the Membership Agreement.
1.12. Flexible Hours
the flexible “allowance” of the Member that can be used via the Stories App for the use of Rooms. The Stories App is leading in determining the costs and the available Flexible Hours and Rooms;
the number of Flexible Hours used per booking depends, among other things, on:
the type and size of the Room;
the time and day of the week;
the duration of the booking;
the Location.
The name “Flexible Hours” is a product name and does not imply a one-to-one relationship with clock hours.
1.13. Authorized Users
Persons (such as employees, partners or colleagues) who are authorized by the Member and Stories to use the Services on behalf of the Member. The costs associated with all Services used by the Authorized Users, and the rights arising from these General Terms and Conditions, the Community Guidelines and the Agreement, are for the account of the Member.
1.14. Marketing Materials
Photos, videos, texts and other content made available by Stories of or about the Location(s), Rooms and Stories as a brand.
ARTICLE 2: APPLICABILITY
2.1. These General Terms and Conditions apply to all (requests for) Agreements, quotations, offers and Services of Stories.
2.2. By signing the Membership Agreement, or by actual use of the Services, the Member accepts the applicability of these General Terms and Conditions.
2.3. Any general terms and conditions of the Member are expressly rejected and do not apply, unless Stories has expressly agreed to them in writing.
ARTICLE 3: FORMATION OF THE AGREEMENT
3.1. The Agreement is formed at the moment the Membership Agreement is signed (digitally or otherwise) by both Stories and the Member, and the signed copy has been received by both parties.
3.2. The Agreement grants the Member a personal, non-exclusive, non-transferable and non-sublicensable right (license) to use the Services in accordance with the terms of the Membership Agreement, these General Terms and Conditions and any other appendices referred to in Articles 1.3–1.4.
3.3. The Agreement expressly does not create a lease agreement within the meaning of Book 7 totle 4 of the Dutch Civil Code (BW). Stories’ core performance consists exclusively of offering the Services.
3.4. Stories reserves the right, where reasonably necessary in connection with operations, maintenance, safety, force majeure or community composition, to change the Room assigned to the Member to another, reasonably equivalent Room within the same Location or a nearby Location. The assigned Room for Daypart memberships will only be changed where reasonably necessary (for example in the event of renovations, damage, safety issues, force majeure or changes to the lease of the Location). Stories will inform the Member of this in good time and will, wherever possible, consult with the Member in advance.
3.5. Stories has the right to enter the Room and the Location for safety reasons or in the event of an emergency, with due observance of the privacy of the Member and its clients.
3.6. If Stories is required to close a Location, in whole or in part, or to terminate its use, as a result of (among other things) the ending or amendment of the lease agreement with the landlord, government measures, force majeure, renovations or other circumstances outside the normal course of business, Stories is entitled to terminate the Agreement, insofar as it relates to that Location, in whole or in part, subject to a notice period of at least six (6) months.
In that case, Stories will use reasonable efforts to offer the Member a reasonable alternative (for example, another Location in the same city or region).
The Member is in no event entitled to any compensation other than a refund of fees already prepaid for the period after the termination date.
ARTICLE 4: TERM, RENEWAL AND TERMINATION, FORCE MAJEURE
4.1. The Agreement is entered into for the initial contract term set out in the Membership Agreement (the “Initial Term”).
4.2. After expiry of the Initial Term, or any renewal thereof, the Agreement is automatically renewed under the same terms for a period equal to the Initial Term, unless otherwise provided in the Membership Agreement or unless notice of termination has been given in accordance with Article 4.3.
4.3. Termination of the Agreement must be given in writing, by e-mail to the e-mail address stated in the Membership Agreement, subject to a notice period of one month for Membership Agreements with a monthly Flexible Hours term, and at least two (2) months before the end of the current contract period for Membership Agreements with a term of six (6), twelve (12) or twenty-four (24) months.
4.4. Interim termination by the Member during the current contract period is not possible, unless Stories expressly agrees to this in writing. In the event of (premature) interim termination at the Member’s request, all fees that would have been due until the end of the current contract period remain payable in full.
4.5. Stories is entitled to terminate or dissolve the Agreement, in whole or in part, with immediate effect if:
a. the Member is attributably in default in the performance of one or more obligations under the Agreement and, after written notice of default, fails to remedy this default within a reasonable period;
b. there is (suspected) fraud, illegal activity, a serious violation of Article 6 (Use, Conduct and Community), or other conduct that harms the safety of users of the Location and/or Stories’ employees, or Stories’ reputation or brand;
c. the Member applies for a suspension of payments, is declared bankrupt, or is placed under administration/guardianship.
4.6. Termination or dissolution of the Agreement does not release the Member from the obligation to pay amounts already due, and does not affect any other provisions that by their nature are intended to survive termination (such as liability, confidentiality, IP, image rights, and penalty clauses).
4.7. Force majeure
Stories is not obliged to perform any obligation if it is prevented from doing so as a result of force majeure. Force majeure means any circumstance beyond Stories’ control that prevents performance of its obligations, including natural disasters, strikes, war, pandemics, government measures, fire, utility failures, technical malfunctions, or other unforeseeable circumstances beyond Stories’ sphere of influence.
Stories will notify the Member in writing (by e-mail to the address stated in the Membership Agreement) as soon as possible in the event of force majeure, and will make efforts to limit its consequences.
If the force majeure continues for longer than 30 (thirty) days, and Stories has not offered an equivalent alternative Room in a nearby Location, the Member is entitled to terminate the Agreement in writing without compensation.
The Member’s payment obligations are not suspended for the duration of the force majeure. The Member is obliged to insure itself against such situations (as referred to in Article 9).
4.8. Upon termination of the Agreement for any reason, the Member must:
4.8.1 immediately vacate the Room and the Location and remove all belongings, and return the Room and the Location adequately cleaned and in a condition equivalent to that at the time of delivery, subject to normal wear and tear and free of persons or objects. Stories is entitled to charge the Member for the costs of cleaning or restoring the Room to its original condition upon vacating, and to state such amounts separately on the invoice;
4.8.2 return all access passes/keys and the like to Stories by 9:00 PM at the latest on the day of vacating;
4.8.3 leave correct contact details for receiving any subsequent communication and invoices; and
4.8.4 if the Member fails to fulfil the above obligations within three working days of a written request from Stories, if Stories is unable to offer the Room to other Members due to a late vacating of a Room, or in the event a Room is returned in a condition that is not in accordance with the Agreement due to an act or omission of the Member, Stories is entitled to claim compensation from the Member for all damage caused by the Member. The provisions of this article also apply if the Member moves to another Room within the same Location or to a different Location.
ARTICLE 5: SERVICES, BOOKINGS, DAYPARTS AND ALLOWANCE
5.1. Access times, the Community Guidelines and the manner of access to the Location are specified in the Stories App and/or in additional Community Guidelines. The Member and Authorized Users must comply with these at all times. The Member has access to the Services as described in the Membership Agreement. Stories may unilaterally determine the substance of the Services.
5.2. Flexible Hours
Bookings based on Flexible Hours may be cancelled free of charge up to twenty-four (24) hours before the start time, via the Stories App. In the event of later cancellation, or a no-show, the full booking will be charged or deducted from the Member’s credit.
5.3. Dayparts
Dayparts are fixed parts of the day, for a fixed number of hours, that the Member reserves in advance via the Stories App for a fixed Room and a regularly recurring specific day and time.
5.4. Holiday Allowance (Dayparts)
For Dayparts, in the event of absence due to holiday or other circumstances, the Member may receive so-called “Holiday Allowance” of up to 50% of the Dayparts to be missed. This is limited to a maximum of three (3) weeks per period of six (6) months, and must be requested in advance with a minimum request period of 14 days. The Holiday Allowance can be used to book additional hours via the Stories App. The precise conditions, validity period and usability of the Holiday Allowance are specified in the Stories App.
5.5. Non-use, unused Dayparts, unused Holiday Allowance, or unused Flexible Hours (allowance) do not give rise to any right to a refund, discount or set-off, unless Stories has expressly confirmed otherwise in writing.
5.6. During absence due to illness or another unexpected circumstance, a Member is permitted to make a Daypart or Room that has become available as a result of the absence available free of charge to another Member.
5.7. Unused Dayparts, unused Holiday Allowance, or unused Flexible Hours are not transferable to third parties, including other Members.
5.8. Stories will make efforts to ensure the availability of Rooms in accordance with bookings, but does not guarantee the permanent availability of specific Rooms or time slots.
ARTICLE 6: USE, CONDUCT, COMMUNITY AND REGISTRATIONS
6.1. Prohibited Use
The Member is strictly prohibited from using the Room or the Location for:
a. the provision of sexual services;
b. the production, distribution or consumption of pornographic material;
c. the use, trade or production of illegal narcotics;
d. activities that are contrary to laws and regulations;
e. activities that Stories, applying reasonable standards, considers unethical, harmful, or unsuitable for the community;
f. making the Room or access means available, in whole or in part, to third parties, in any manner and whether or not for full or partial compensation, without Stories’ prior written consent.
6.2. Community curation
Stories reserves the right to terminate a membership in accordance with Article 4, or to limit or terminate the membership with immediate effect, if the activities or conduct of the Member (or its Authorized Users, guests or clients):
a. in Stories’ judgment, no longer fit the community;
b. endanger the safety or wellbeing of other members or Stories’ employees;
c. (threaten to) damage the reputation or brand of Stories;
d. use the Stories brand in violation of these General Terms and Conditions or what has been agreed with the Member;
e. repeatedly violate the Community Guidelines;
f. involve activities that are contrary to laws and regulations;
g. fail to pay Stories’ invoices, or repeatedly ignore Stories’ payment reminders; or
h. hinder other members in their use of the Services.
6.3.
The Member is responsible for the conduct of its Authorized Users, guests and clients, and warrants that they will comply with these General Terms and Conditions and the Community Guidelines.
6.4.
If the Member uses the address of a Location as a business address, registered office address, or correspondence address (for example with the Chamber of Commerce, on its website, on Google Maps/Google Business, or other platforms), this shall be done solely for the duration of the membership and in accordance with Stories’ instructions.
6.5. Termination of membership and address registrations
After termination of the Agreement, the Member is obliged, within thirty (30) days, to:
a. remove the address of the relevant Location as a business/registered office address with the Chamber of Commerce;
b. remove the address of the relevant Location from Google Maps/Google Business and similar online business registrations;
c. remove the address of the relevant Location from its own website and other (online) publications, unless Stories agrees otherwise in writing.
In the event of non-compliance with this Article 6.5, the Member forfeits, without further notice of default, an immediately payable penalty of €250 per day that the violation continues, up to a maximum of €10,000 per violation, without prejudice to Stories’ right to full compensation if the actual damage is higher.
6.6. IT use and cybersecurity
The Member and Authorized Users must comply with the following IT usage rules and cybersecurity requirements:
a. responsible and safe use of WiFi and IT facilities;
b. it is prohibited to store highly confidential data without adequate encryption;
c. it is prohibited to install harmful software, malware or viruses on Stories’ equipment;
d. cybersecurity incidents must be reported to Stories immediately;
e. compliance with all IT usage guidelines and security protocols established by Stories.
6.7. Online meetings and calls
When conducting online meetings and phone calls, the Member must take into account:
a. consideration for other members with regard to noise level and acoustics;
b. use of a suitable Room (i.e. not general waiting areas and shared facilities) for online meetings and phone calls, to prevent nuisance;
c. compliance with any additional rules Stories may establish for the use of general waiting areas and shared facilities.
ARTICLE 7: PAYMENTS, INVOICING AND PRICE ADJUSTMENTS
7.1. Membership fees and other amounts due, including applicable VAT, must be paid no later than the due date stated on the invoice.
7.2. All amounts stated in the Membership Agreement are exclusive of VAT. Applicable VAT will be stated on the invoice.
7.3. Payments must be made without discount, deduction or set-off, in the manner indicated by Stories. The Member is not entitled to suspend its payment obligations.
7.4. Adjustment of membership fees
Stories is entitled to increase the membership fees annually - for the first time after expiry of the Initial Term, and thereafter after expiry of each subsequent renewal term - by a maximum of 6% per year, to compensate for inflation and rising costs.
Stories will notify the Member of this on the invoice on which the relevant fee increase is first included.
7.5. Other rate changes
In addition to the adjustment of the membership fees referred to in Article 7.4, Stories is entitled, after expiry of the Initial Term and each subsequent term, to change the rates of the Services. Stories will notify the Member of this by e-mail at least thirty (30) days before it takes effect. If the Member does not agree with a material increase, the Member has the right to terminate the Agreement within 10 (ten) days of receiving notice of the rate change, effective as of the date the change takes effect. This right of termination applies only in the situations described in this Article 7.5.
ARTICLE 8: PROCEDURE IN THE EVENT OF NON-PAYMENT
8.1. If an invoice has not been paid by the due date, the Member is in default by operation of law, without any further notice of default being required. From the due date, the Member owes statutory commercial interest or, at Stories’ option, contractual interest of 1% per month (with part of a month counting as a full month).
8.2. Phases in the event of non-payment
a. Phase 1 (5 working days after the due date): the Member receives a first payment reminder.
b. Phase 2 (15 working days after the due date): in the event of continued default, Stories may suspend the Member’s (and its Authorized Users’) access to the Location and all Services with immediate effect, until the full arrears have been paid.
c. Phase 3 (30 working days after the due date): if payment still has not been made 30 working days after the due date, the claim will be transferred to a debt collection agency or lawyer. All resulting (extra)judicial costs are fully for the Member’s account.
d. An outstanding amount of more than EUR 1,250: if payment of an amount exceeding €1,250 has not been made after the due date, the claim will be transferred to a debt collection agency or lawyer. All resulting (extra)judicial costs are fully for the Member’s account.
8.3. Extrajudicial collection costs are determined in accordance with the scales customary in business practice, with a minimum of €250.
8.4. Suspension or restriction of access by Stories to the Location and/or the Room or the Stories App on the grounds of non-payment does not affect the Member’s payment obligations and does not entitle the Member to any refund or compensation. Access to the Stories App will be blocked with a notice period of 5 working days.
ARTICLE 9: MEMBER LIABILITY AND INSURANCE
9.1. The Member is fully liable for all damage to the Room, the Location, or Stories’ property, caused by the Member, its Authorized Users, guests or clients.
9.2. The Member indemnifies Stories against all claims by third parties (including the Member’s clients) related to or arising from the use of the Room and the Services by the Member, its Authorized Users, guests or clients.
9.3. Cyber liability
The Member is fully liable for all damage arising from irresponsible use of IT facilities, including but not limited to:
a. damage caused by malware, viruses or other harmful software introduced into Stories’ systems via the Member’s equipment;
b. damage arising from unauthorized access to Stories’ systems via equipment or accounts of the Member, its Authorized Users, guests or clients;
c. damage caused by network overload as a result of the Member’s activities.
The Member indemnifies Stories against all resulting claims by third parties and undertakes to provide full compensation, including lost income and repair costs.
9.4. Insurance
The Member is obliged to maintain, for the duration of the Agreement, appropriate professional and/or business liability insurance suited to the nature of its practice. The liability insurance must cover at least EUR 1,000,000 per event causing damage, and must also provide cover for force majeure situations as a result of which Stories is temporarily unable to provide the Services.
If damage occurs in or to the Room or Location due to acts of the Member, its Authorized Users, clients or guests, Stories is entitled to (i) request proof of insurance, and (ii) require that the relevant damage, where possible, be settled through that insurance.
ARTICLE 10: INTELLECTUAL PROPERTY, BRAND AND MARKETING MATERIALS
10.1. All intellectual property rights relating to the Location, its layout, the Stories concept, the Stories App, software, documentation, house style, trademarks, logos, photos, videos and other materials belong exclusively to Stories or its licensors.
10.2. The Member obtains only a limited, non-exclusive and non-transferable right of use, for the duration of the Agreement, to use the Stories App and any materials made available by Stories in connection with its membership.
10.3. The Member is not permitted to copy, replicate, or reverse engineer (parts of) the Stories concept, Rooms, app, software or documentation, or to use them in a manner that is misleading or creates the impression that the Member itself owns the Stories concept.
10.4. The Member grants Stories a non-exclusive license to use the Member’s (company) name and logo in communications (such as member overviews, signage within the Location, digital floor plans and marketing communications), insofar as this reasonably fits the membership. The Member indemnifies Stories against claims by third parties in connection with such use.
10.5. Use of Stories Marketing Materials by the Member
For the duration of the Agreement, Stories grants the Member a limited, non-exclusive, non-transferable right of use to use Marketing Materials made available by Stories (including photos of the Rooms and Locations) on the Member’s own website and social media channels, solely to promote its own practice/business in combination with its membership at Stories.
10.6. Without Stories’ prior written consent, the Member is not permitted to use Marketing Materials:
a. for independent commercial exploitation (for example, the sale of stock photos or templates);
b. in a manner that creates the impression that the Member owns the Rooms or the Stories brand;
c. on platforms or in campaigns that are inconsistent with Stories’ values or reputation.
10.7. End of use of Marketing Materials
Upon termination of the Agreement, the right of use referred to in Article 10.5 ends automatically. Within thirty (30) days after termination, the Member is obliged to:
a. remove all Stories Marketing Materials from its website and social media channels;
b. no longer publish any new Stories material.
In the event of continued commercial use of Marketing Materials after termination of the Agreement, the Member forfeits, without further notice of default, an immediately payable penalty of €250 per day that the unlawful use continues, up to a maximum of €10,000 per violation, without prejudice to Stories’ right to full compensation if the actual damage is higher.
ARTICLE 11: USE OF IMAGE MATERIAL BY STORIES
11.1. The Member grants Stories a non-exclusive, royalty-free license to use image material (photo/video) in which the Member or its Authorized Users are recognizably depicted during activities in general areas, community events, or general atmosphere shots, in Stories’ own (online and offline) marketing and communication materials. This image material will not be created in a Room where the Member is performing professional work at that time. Nor will any image material be used in which the Member’s guests or clients are depicted.
This license applies for the duration of the membership and, insofar as it concerns already-created and published material, also thereafter. Stories is not entitled to sell this image material separately from its own communications, or to license it independently to third parties. Stories may also engage third parties for this use (such as photographers, designers and marketing agencies), provided this is solely for the benefit of Stories’ own communications.
11.2. Opt-out
The Member may object in writing (by e-mail to support@stories.space) to the use of recognizable portraits of specific individuals. On receipt, Stories will make reasonable efforts not to include the relevant person recognizably in newly created material, or to adjust or remove existing material from digital channels where reasonably possible.
11.3. Protection of clients
Clients or guests of the Member will never be recognizably depicted without their express, prior written consent.
11.4. Data protection
Stories acts as the controller for personal data necessary for the membership.
Personal data of the Member’s guests and clients will not be retained for longer than necessary to achieve the purposes for which they were collected, unless a longer retention period is legally required. Data subjects may submit requests for access to, correction of, or deletion of their data via support@stories.space.
For more information about the processing of personal data, Stories refers to its privacy policy, available at [https://www.stories.space/privacy].
11.5. Use of cameras
The Member acknowledges and agrees, on behalf of its Authorized Users, that security cameras are installed at the entrance, the general waiting area, shared facilities, and other open communal areas. No security cameras will be installed in the Rooms. The Member may not request, and Stories has no obligation, to retain or provide to the Member any photos of the Location, photographic files, video footage, or other security footage.
ARTICLE 12: DATA PROTECTION
12.1. In this article:
12.1.1 “Data” means the data or information, in any form, owned, managed, processed or stored by the Member on Stories’ systems and network;
12.1.2 “Relevant Data” means all personal data included in the Data;
12.1.3 “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC and EU Regulation 2016/679 (the General Data Protection Regulation), and all legislation and/or regulations implementing or adopted pursuant to these, or amending, replacing, re-enacting or consolidating these (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, guidelines and codes of conduct issued by the relevant supervisory authorities; and
12.1.4 the terms “appropriate technical and organizational measures”, “controller”, “processor”, “data subject”, “personal data” and “processing” shall be interpreted in accordance with Directive 95/46/EC or other applicable data protection legislation.
12.2. The Member is the controller and Stories is the processor of all Relevant Data that Stories processes in connection with the Agreement.
12.3. If required by data protection legislation, the parties will include in the Agreement a description of the relevant processing activities Stories will carry out with respect to the Relevant Data (including the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data processed, the categories of data subjects, and the obligations and rights of the Member as controller), by way of a written amendment agreed and signed by both parties.
12.4. Each party undertakes to comply, in all material respects, with all its obligations under applicable data protection legislation arising from the processing of Relevant Data under the Agreement, and not to act in a manner that causes the other party to fail to comply with its obligations under applicable data protection legislation.
12.5. Stories agrees that it will:
12.5.1 process Relevant Data only in accordance with the Member’s written instructions, and will immediately notify the Member if, in Stories’ opinion, an instruction conflicts with applicable data protection legislation. If applicable law requires Stories to process Relevant Data for other purposes, it will, to the extent legally permitted, notify the Member before carrying out such processing;
12.5.2 ensure that all staff members who need access to the Relevant Data have committed to treating it confidentially, or are subject to an appropriate statutory duty of confidentiality;
12.5.3 not grant access to, or transfer, Relevant Data to third parties — other than companies within the Stories group — without the Member’s prior written consent. Where such consent is given, Stories will ensure that Stories is included in all contracts with third parties that process Relevant Data directly or indirectly on the Member’s behalf, as well as provisions for the customer’s benefit consistent with those in this article;12.5.4 implement and maintain appropriate technical and organizational measures to protect Relevant Data against unauthorized or unlawful processing and accidental destruction, loss, damage, theft, alteration or disclosure, and ensure that these measures provide a level of security appropriate to the risk to the Relevant Data;
12.5.5 taking into account the nature of the processing Stories carries out in connection with the Agreement, assist the Member, by taking appropriate technical and organizational measures (as far as possible), to enable the Member to comply with its obligation to respond to requests from data subjects exercising their rights under applicable data protection legislation with respect to the Relevant Data;
12.5.6 taking into account the nature of the processing carried out by Stories in connection with the Agreement and the information available to Stories, assist the Member in complying with its obligations relating to the Relevant Data under Articles 32 to 36 of the General Data Protection Regulation;
12.5.7 immediately forward to the Member any requests relating to Relevant Data received from data subjects, supervisory authorities or other law enforcement bodies, where requested, so that the Member can comply with the request, and immediately provide the Member with all information reasonably necessary for that purpose;
12.5.8 at the Member’s request, provide all information reasonably necessary to demonstrate Stories’ compliance with this article;
12.5.9 upon expiry or termination of the Agreement, at the Member’s request, securely destroy or return all Relevant Data to the Member and delete existing copies (unless Stories is required by applicable law to retain the Relevant Data); and
12.5.10 provide all reasonable assistance and support to enable the Member and its auditors or authorized agents to carry out audits or inspections to verify Stories’ compliance with this article and all applicable data protection legislation. Such audits or inspections may be carried out no more than once every 12 months (unless a security incident, as defined below, has occurred in the preceding 12 months), and only after prior written notice to Stories of at least seven days. Any such audit or inspection remains limited to data, processes and systems relating to the Relevant Data, and will be conducted in a manner that does not disrupt Stories’ activities or prejudice Stories’ obligations toward third parties.
12.6. The Member hereby agrees that the Relevant Data may be processed outside the European Economic Area. Relevant Data may be transferred to Stories for the management of specific security processes, such as access control and disaster recovery. Stories considers such transfers necessary to fulfil its obligations under the Agreement efficiently and effectively.
12.7. If Stories becomes aware of any accidental, unauthorized or unlawful destruction, loss, alteration, or disclosure of, or access to, any Relevant Data it processes in connection with the Agreement (a “Security Incident”), it will notify the Member immediately — and in any event within three days — and provide the Member with all reasonable assistance and cooperation it requires in connection with the Security Incident.
12.8. For the avoidance of doubt: where a third party processing Relevant Data on Stories’ behalf — including a company within the Stories group or a subcontractor — fails to comply with its obligations under a sub-processing agreement or applicable data protection legislation, Stories remains fully liable to the Member for the performance of Stories’ obligations under the Agreement.
ARTICLE 13: CONFIDENTIALITY
13.1. The parties undertake to strictly keep confidential all confidential information they obtain from each other in connection with the performance of this Agreement. This confidentiality obligation applies to the parties themselves as well as to their Authorized Users, employees, advisors and other persons involved.
13.2. Confidential information means all non-public information concerning a party’s business operations, clients, finances, technical specifications, working methods, rates, contracts with third parties, and other business-sensitive information, regardless of the form in which it is provided.
13.3. The confidentiality obligation does not apply to information that:
(a) was already public at the time it was provided;
(b) lawfully becomes public after being provided, without breach of this Agreement;
(c) is lawfully obtained from third parties without an obligation of confidentiality; or
(d) must be disclosed pursuant to a legal obligation or court order.
13.4. The confidentiality obligation remains in force for five (5) years after termination of this Agreement, regardless of the reason for termination.
13.5. In the event of a breach of the confidentiality obligation, the breaching party owes an immediately payable penalty of €5,000 per violation, without any notice of default being required. This penalty is without prejudice to the right to compensation.
ARTICLE 14: ASSIGNMENT BY STORIES
14.1. Stories is entitled to transfer its rights and obligations under the Agreement to third parties, provided that: (a) the third party is able to fulfil the obligations towards the Member; (b) Stories notifies the Member of this in writing at least thirty (30) days in advance; and (c) the core components of the membership services are maintained.
ARTICLE 15: DISCLAIMERS AND LIABILITY OF STORIES
15.1. Sound insulation
Stories cannot guarantee complete sound insulation between the Rooms, or with respect to ambient noise within or around the Location. In its use of the Room, the Member shall take into account a normal level of ambient noise.
15.2. Waiting area for clients
A general waiting area or seating area is available at each Location where Members’ clients may briefly sit before or immediately after an appointment. This waiting area is intended for temporary use and is not a private space of the Member. Stories does not guarantee the availability of seating for every individual client, and may adjust the layout, size and precise location of the waiting area from time to time.
15.3. Limitation of liability
The Member acknowledges that the provision of certain Services is inherently dependent on the functioning of third-party services and infrastructure not under Stories’ control, such as communications, internet and electricity. To the extent permitted by law, Stories is not responsible or liable in any way for any disruption, interruption or failure of the third-party infrastructure or services on which the Services are based.
Stories’ total liability for an attributable failure to perform the Agreement, tort, or otherwise, is limited to compensation for direct damage up to a maximum of the amount of membership fees paid by the Member over the six (6) months preceding the event giving rise to the liability.
15.4. Stories is in no event liable for:
a. indirect damage, consequential damage, delay damage, loss of profit, missed savings, or reputational damage of the Member;
b. damage resulting from loss, theft or damage to property of the Member, its Authorized Users, guests or clients;
c. damage resulting from failure or temporary interruption of the Services, the Stories App, or (parts of) the Location, provided Stories makes reasonable efforts to limit such failure.
15.5. The limitations set out in this article do not apply in the event of intent or willful recklessness on the part of Stories’ management, nor in the event of death or physical injury caused by Stories.
ARTICLE 16: DISPUTES AND APPLICABLE LAW
16.1. The Agreement is governed exclusively by Dutch law.
16.2. In the event of a dispute, the parties will first make efforts to resolve it amicably.
16.3. Before taking any legal steps, the parties will first submit their dispute to an independent mediator, to be appointed by the parties in mutual consultation. Failing agreement within thirty (30) days after a written request by either party to commence a mediation process, the chairman of the Netherlands Mediation Institute (NMI) will be asked to appoint a mediator.
16.4. The costs of mediation will be borne equally by the parties, unless the mediator determines otherwise.
16.5. If the mediation does not lead to a solution within ninety (90) days of its commencement, or if either party refuses to participate in the mediation, the parties may submit their dispute to the competent court in Amsterdam.
16.6. The provisions of this article do not affect the parties’ right, in urgent cases, to request provisional measures from the competent court in Amsterdam.
16.7. The losing party in legal proceedings shall reimburse the reasonable costs of the prevailing party, including but not limited to:
a. court registry fees;
b. attorney’s fees;
c. bailiff’s costs;
d. costs of witnesses and experts; and
e. other reasonable litigation costs.
If both parties are partially in the right, the court will determine the allocation of litigation costs in proportion to each party’s degree of loss.
ARTICLE 17: AMENDMENTS AND FINAL PROVISIONS
17.1. Stories may amend these General Terms and Conditions. Material amendments will be communicated to the Member by e-mail at least thirty (30) days before they take effect. The most recent version is always available on Stories’ website.
17.2. If the Member does not agree with an amendment to these General Terms and Conditions that results in an increase to the Member’s cost structure, the Member has the right to terminate the Agreement in the interim, with due observance of the notice periods set out in Article 4.
17.3. If any provision of these General Terms and Conditions is void or is annulled, the remaining provisions will remain in full force. In that case, the parties will consult with each other to replace the relevant provision with a provision that corresponds as closely as possible to the intent of the original provision.
17.4. Any communication in connection with the Agreement or these General Terms and Conditions shall be made in writing, by e-mail to the e-mail address stated in the Agreement. The Member will immediately notify Stories of any change in e-mail address or other essential contact information.