Terms and conditions of Nibol

13. Warranties of Manager Users and Business Users

13.1 The Manager User and Business User, respectively, declare and guarantee:

(i) if different from an individual, to be a company o another entity duly constituted, existing, operational and in force pursuant to the legislation of the state of incorporation and that the legal representative who signs the Contract has all the rights, powers and faculties necessary to conclude the Contract and fulfill the obligations that derive, as well as to grant the rights, licenses and authorizations provided for in the Contract;

(ii) to be in possession of all the authorizations, requirements, documents necessary, according to the applicable legislation, also of a fiscal nature, to carry out the activities envisaged for the Manager Services and Business Services;

(iii) that it will not adopt any behavior that could damage the reputation of Nibol and / or the Nibol Platform and / or the rights of third parties, including those relating to third party brands and that it will not engage in any act of unfair competition and / or misleading advertising.

13.2 In relation to the Advertisements and the Spaces, the Manager User and the Business User, respectively, recognize and guarantee:

(i) the availability and / or ownership of the Spaces covered by the advertisements themselves and the adequacy of the Spaces with respect to what is indicated in the Announcement and for the purposes envisaged by the Nibol Platform;

and that its Ads and Spaces:

(ii) do not violate any copyright or industrial property right or other third party rights;

(iii) comply with all applicable laws (including in the field of hygiene and health and safety at work), tax requirements and any other applicable rules and regulations (including obtaining permits, licenses, registrations, etc. become necessary).

13.3 The Manager User and the Business User also recognize and guarantee the compliance of the Spaces with the characteristics and requirements, including - among others - the availability of Spaces and a free wi-fi connection, communicated to Users through the Advertisements. and / or the Agreement.

13.4 The Manager User and the Business User are, therefore, the sole and exclusive responsible for any disputes, claims, claims, disputes, actions, complaints, requests for reimbursement and / or compensation for damages, of any type and nature, which may arise be presented or suffered by Users and / or any other third party in relation to the activities carried out through the Nibol Platform and / or connected to the use of the Spaces by Users, including any problems relating to the Internet connection present at each Space, and hereby declare to indemnify and hold Nibol harmless in this regard.

14. Declarations and obligations of Manager Users and Business Users

14.1 The Manager User and Business User declare and acknowledge, respectively:

(i) that the relationship with Nibol is only that of an independent third party contractor and not that of an employee, agent, joint-venturer or partner of Nibol for any reason;

(ii) to act solely for its own account and benefit and not for or for the benefit of Nibol;

(iii) to be the sole and exclusive responsible for the obligations assumed towards the User who made the Booking, as well as for the truthfulness, correctness, completeness, accuracy and non-misleading information made available and / or provided to Users, also for through the Ads.

14.2 For the entire duration of the Agreement, the Manager User and the Business User undertake to:

(i) make the Spaces available to Users according to the terms and methods indicated in the Announcement, including a free wi-fi connection , punctually fulfilling the obligations assumed with the User who made the Booking and in full compliance with the purposes permitted by these Conditions;

(ii) provide complete and accurate information regarding the Spaces and keep the Advertisements constantly updated and take care of the Spaces in full compliance with applicable legislation, including safety and hygiene regulations;

(iii) respond to any requests from Nibol and / or Users within 24 hours;

(iv) comply with and promptly execute any instructions received from Nibol, including - but not limited to - the methods of presentation of the Advertisements, the related contents and the information to be provided to Users;

(v) respect the Duration of the Reservation and provide Users, in addition to the availability of the Space, in the terms of the Reservation, with all the instructions and warnings necessary for the correct use of the Spaces, as well as the related guarantees.

14.3 The Manager User and the Business User, without claiming anything, acknowledge and accept that Nibol may include, at its sole discretion and without time and / or territorial limits, the name of a Space Manager subject to Announcement Manager and / or of the company connected to an Account Manager or Business and / or the distinctive elements referring to them, citing the Space Manager and / or the User Manager and / or Business as the case of a company that has chosen the Nibol Platform. To this end, the Manager User and the Business User expressly authorize the use, publication and dissemination by Nibol of these names and / or distinctive elements through the Nibol Platform and / or through any medium or means deemed appropriate. and / or necessary (both online and offline), both in the context of activities related to the Services and for commercial, promotional and / or advertising and dissemination purposes connected to the Nibol Platform, with the limit that the methods of use are not such as to damage the honor, reputation and decorum of the reference User and / or the Space Manager or are in conflict with the Privacy Law.

14.4 In any case, the Manager User and the Business User undertake to indemnify and hold harmless Nibol from any claim and / or damage, including any sanctions by the competent authorities, which may derive from the breach of the above obligations.

15. Nibol Fees

Unless otherwise indicated on the Nibol Platform, the Manager Services and Business Services are to be considered paid, as indicated in this art. 15). For the exploitation of the Services intended for Guest Users, Basic Users and Employee Users, Nibol does not charge any costs.

15.1 Commission to be paid by Manager Users

15.1.1 Each time the Reservation of a Manager Space is confirmed and is not subject to cancellation pursuant to and by effect of art. 10), Nibol, by way of consideration for joining the Nibol Platform and the use of the Services and regardless of the actual check-in of the Basic User at the reserved Space Manager, charges the Manager User a commission ("Commission") .

15.1.2 For Private Spaces and Co-Working Spaces, the Commission consists of a percentage of the Booking Fee, unless otherwise indicated on the Nibol Platform.

15.1.3 For Shared Spaces, the Commission, unless otherwise indicated on the Nibol Platform, consists, at the discretion of the Manager User:

(i) in a percentage of the Booking Fee and connected Credit;

(ii) in a fixed amount calculated on the basis of the number of people indicated in the Reservation, if the Announcement Manager carries the Pay in-store option.

For more information on the Commission and the related amounts, Users are invited to consult the section of the Website / App, which is an integral part of these Conditions.

15.1.4 The Commission will always be displayed to the User Managers before the publication of the Announcement Manager. The publication of the Announcement Manager implies acceptance of the amount due as a commission. The commission is not refundable.

15.2 Subscriptions to Business Packages

15.2.1 Nibol offers the Business Services by subscription ("Subscription") on the basis of different packages designed and customized by Nibol based on the specific needs of the company and taking into account the number of Employee Users that the User Business intends to invite on the Nibol Platform ("Business Packages").

15.2.2 To sign the Business Package of interest, without prejudice to the provisions of art. 6) above, the Business User must follow the procedure indicated on the Nibol Platform and enter the requested data.

15.2.3 The subscription cost, determined on the basis of the selected Business Package, will start on the specified date and with the frequency indicated at the time of signing the Contract and the related Business Package.

15.2.4 The Subscription will be renewed according to the methods and times indicated at the time of subscription.

15.2.5 The Business User can deactivate the renewal of the Subscription through the Nibol Platform or by sending a communication to the certified email address: nibol@pec.it or by changing the preferences of the payment method used.

15.2.6 The cost of the Subscription does not include the Bookings that the Employee User should eventually make with respect to Spazi Manager. In this case, the provisions of Chapter V of these Conditions will apply.

15.3 Responsibility and modification of Nibol Fees

15.3.1 Manager Users and Business Users are solely responsible for paying the Nibol Fees. Failure or late payment of the Nibol Fees entails Nibol's right to terminate the Contract pursuant to art. 24), which follows.

15.3.2 Nibol reserves the right to change the fees for joining and using the Nibol Platform at any time and at its sole discretion (also paying for the Services currently free), providing Users with due notice by publishing the changes in the appropriate section of the Website / App. The modification of the Nibol Fees will not have repercussions on Bookings made before the date of entry into force of the modification.

16. Payments and invoicing

16.1 Pursuant to art. 12) above, the Basic User or Business User, in the cases specifically provided for, will pay the Booking Fee to the Manager User directly through the Nibol Platform. To this end, the Manager User gives a mandate for collection with representation to Nibol in relation to the amounts paid by the Users for the provision of the services offered by the Manager User through the Nibol Platform.

16.2 The sums collected by Nibol in the name and on behalf of the Manager User will be paid to the latter by issuing an invoice every end of the month, directly to the current account and / or credit card of the Manager User.

16.3 With respect to the payment of Nibol Fees, Manager Users and Business Users acknowledge and accept that Nibol uses third-party tools to process payments made through the Nibol Platform and, therefore, Nibol cannot be held responsible in any way. the consequences, direct or indirect, deriving from the use of the credit card and / or any other payment method by the User to make the payment. Should such third party tools deny the payment authorization, Nibol will not be able to follow up on the requested service (by way of example and not limited to, the Business Services, the Manager Services or the Photography Services referred to in art.17), which follows ) and cannot be considered in any way responsible for the consequences, direct or indirect, that may derive from it

16.4 Manager Users and Business Users acknowledge and accept that Nibol, pursuant to art. 1252 of the Italian Civil Code, will have the right to offset any credit to the Manager or Business User even in the absence of the conditions set out in art. 1243, paragraph 1, cc

16.5 The Manager User and the Business User expressly acknowledge and accept that if it is not possible to offset all the fees, the payment of the sums due to Nibol must be made no later than 5 days from receipt of the request. of Nibol or by following the instructions on the Website / App for payment via the Nibol Platform, without prejudice to Nibol's right to terminate the Contract in the event of non-compliance with said payment term.

16.6 In the event that it is necessary to proceed with the reimbursement of the Booking Fee pursuant to clause 10.2), above, Nibol will notify the User Manager indicating the amount of the reimbursement and the reason for the reimbursement. Nibol will undertake to reimburse the Booking Fee according to the terms of the law and in the manner provided for in these Conditions.

16.7 The Business User will pay the subscription price directly through the Nibol Platform, where the functionality is available, or through the payment method indicated by Nibol when signing up for the Business Package. Once the payment has been received, Nibol will issue a regular invoice.

16.8 For the issuance of the invoice, the information provided by the Manager User or by the Business User will prevail, which both the Manager User and the Business User declare and guarantee to be truthful, releasing to Nibol any full indemnity in this regard. . Once the invoice has been issued and sent to Nibol's electronic invoicing system, it cannot be changed except by issuing an electronic variation note. If it is necessary to issue an electronic variation note and, if applicable, a new invoice due to the inaccuracy of the billing data provided by the User, Nibol will charge the User a fee as consideration for the cost of error handling.

17. Photography services

17.1 Nibol offers a photography service for a fee, which the User Managers can use to obtain some shots of the Manager Spaces (“Images”). The Images may be used by the Manager Users in the context of the Ads Manager. The User Manager remains the only person responsible for ensuring that the Images faithfully represent the Space Manager and must stop using the Images on or through the Nibol Platform if they no longer truly represent the Space Manager, or if said space ceases to be the subject of an Announcement Manager or if the Account Manager is closed or suspended for any reason.

17.2 The User Manager acknowledges and accepts: (i) that he has no ownership rights on the Images; (ii) that Nibol will have the right to use all or some of the Images also for the purpose of promoting the Nibol Platform and / or offering the Services; (iii) not to use the Images outside the Nibol Platform. For more information on the service in question and the related costs, Users are invited to consult the following section of the Website / App, which is an integral part of these Conditions.