Terms and conditions
Table of contents
The purpose of these General Terms and Conditions (“General Terms and Conditions”) is to define the terms and conditions for providing the Fiveoffices Service, whether through its website www.fiveoffices.com or any other means, hereinafter referred to as "Service".
Any access and / or Use of the Service implies the unconditional acceptance and compliance with all the terms of these General Terms and Conditions. They therefore constitute a contract between Fiveoffices and the User.
In the event that the User does not wish to accept all or part of these General Terms and Conditions, the User is asked to renounce all use of the Service.
The Service is provided by:
Fiveoffices, Société anonyme
Registered office: 76, Grand-Rue, L 1660 Luxembourg
RCS Luxembourg: B 266997
Contract refers to a document that officially binds two Users in a commercial relationship, all the conditions of which are described in the said Contract.
Lease Agreement refers to an agreement between a Provider acting as Landlord and an Occupant acting as Tenant.
Member refers to a User identified on the Service.
Occupant means a User moving to space provided by a Provider under a Sublease Agreement.
Password refers to confidential information that the User must keep secret, which allows access to the Site.
Provider means a User making space available to an Occupant through a Sublease Agreement.
Site means the Fiveoffices.com website, which provides access to certain parts of the Service.
Sublease Agreement refers to an agreement between a Provider acting as tenant and an Occupant acting as sub-tenant.
User means any person who uses all or part of the Service.
User Content refers to the information transmitted by the User in the different sections of the Service and/or the Site.
Username means information necessary to identify a User of the Service to access areas reserved for Members.
Use of the Service
The Service consists of the provision of a website at the address Fiveoffices.com or any other address that Fiveoffices chooses, and which provides its Users with a search engine, as well as online tools allowing the linking of Providers and Occupants, and facilitating the operational processes related to the leasing and subleasing between them.
The Service is accessible free of charge to any User with Internet access. All costs associated with access to the Site, whether material, software or Internet access costs, are the sole responsibility of the User. He/she/it is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
Certain features of the Service are reserved for Members after identification with their Username and Password. Particularly :
- Add to favorites;
- Create and manage office announcements;
- Create and manage addresses;
- Exchange messages and attachments;
- Follow the evolution of leads generated by the Service;
- Handle the billing of the commission of our service;
- Handle rent billing;
- Accompany certain operational aspects of the leasing and subleasing process.
The Service distinguishes two categories of Users:
- Occupants: Users looking to rent office space or their duly appointed representative(s).
- Providers: Users who provide / rent-out an office or their duly appointed representative(s).
Fiveoffices is and remains a third party in relation to the Providers and the Occupants and only puts the Users in contact and facilitates the management of the lease and sublease. It does not intervene in any way in the contractual rental and/or lease and sublease relationship between Users, and will not be held liable for any direct or indirect damage arising from the relationship between them.
Fiveoffices reserves the right to refuse access to all or part of its Service, unilaterally and without notice, to any User who does not comply with these General Terms and Conditions.
Fiveoffices implements all reasonable means at its disposal to ensure quality access to the Site, but is under no obligation to do so.
Fiveoffices cannot be held responsible for any malfunction of the network or a server or any other event beyond reasonable control which would prevent or degrade access to the Site.
Fiveoffices reserves the right to interrupt, temporarily suspend or modify access to all or part of its Site without notice, in order to maintain it or for any other reason, without the interruption giving rise to any obligation or indemnification.
You are solely responsible for all content that you generate, upload, post or distribute in order to use the Service. As a condition of your use of the Service, you agree not to use the Service for any illegal or prohibited purpose and you confirm that all information or other content you provide is true and correct.
Fiveoffices reserves the right to browse and analyze the communications exchanged as well as the documents published and downloaded by the User via any means from its Site for the purposes of fraud prevention, risk assessment, compliance with the General Terms and Conditions of the Service, investigation, product development and improvement, research and customer support.
Fiveoffices undertakes not to sell the User's messages or the analysis carried out from its communications to Third Parties. By using the Service, the User acknowledges that Fiveoffices may, at its sole discretion, browse, analyze and store the User's communications for a period of ten (10) years for the purposes described above only, by manual means or automated.
By using the Service, you are prohibited from:
- Using robots, spiders or other automatic or manual processes to examine or reuse pages or content from this Site without permission;
- Contacting our Users and/or recovering their data for commercial purposes other than those provided for by the Service and through the Service;
- Copying the source code of the Service and/or accessing all or any part of the Service in order to build or enhance a product or service which competes with the Service;
- Reverse compiling, disassembling, reverse engineering or otherwise reducing to human-perceivable form all or any part of the Service;
- Using the Service to alter its performance or functionality by any means: software or routine that contains viruses or other malware;
- Making any unlawful or unauthorized copy, in whole or in part, of another person's copyright or copyrighted offering;
- Taking any actions to circumvent standard security practices for accessing and using the Service;
- Disclosing trade secrets without authorization, or in violation of the proprietary rights of a third party;
- Misrepresenting the source or identity of any material;
- Inserting false or irrelevant information on the Service;
- Uploading, transmitting, or otherwise providing to or through the Service any information or materials that are unlawful, such as photographs, videos or comments that are threatening, humiliating, defamatory, obscene, hateful, pornographic or profane, or any material that could constitute a criminal offense, give rise to civil liability, violate the law or encourage them to do so, or content that could be used for purposes contrary to Luxembourg law;
- Otherwise access or use the Service beyond the scope of the authorization granted in these terms and conditions.
Fiveoffices operates “to success”. Users who are Providers are invoiced a commission (“Commission”) by Fiveoffices only if they have signed a Contract with an Occupant from the Service.
Any User who wishes to use the Service and to place information on its Site in order to rent or lease or sublease an office must have contracted with Fiveoffices, which he/she/it does by way of accepting these General Terms and Conditions.
The Provider pays the Commission on success in the event of the signing of a Contract providing him with remuneration of any kind - here generally the rent - through the intermediary of the Service, or on the renewal of the said Contract. The Commission will be due in its entirety by the Provider as soon as the rental or lease or sublease contract is signed, and will be payable within 15 working days after the signing of the said Contract. The Commission is also due if the Service rendered is limited exclusively to the disclosure of the identity of a potential Occupant or a potential Provider, and that a rental, lease, sublease, service contract or any another Contract which achieves or seeks to achieve substantially the same goal follows directly or indirectly from this disclosure. The Commission also applies if the surface offered or any other aspect of the leased office and the (sub)letting conditions relating to it deviate from those published on the Fiveoffices platform, and in general if there is any breach of good faith on the part of the User in relation to Fiveoffices for the use of its Service. Any breach of this clause will be subject to a conventional penalty of ten (10) times the amount that would be due to Fiveoffices in respect of the Commission for the Service rendered. The User will have no claim in this regard.
The payable Commission to Fiveoffices corresponds to 10% of the total amount (excl. VAT) of the rents and other remunerations for the entire duration of the rental of the property. The Commission is invoiced at Contract signature and payable within 15 working days.
The use of the Service is free for Occupants.
The User undertakes to use the contracting function on the Service which will stipulate the actual rental price and other remunerations of the rented object in order to allow Fiveoffices to determine and invoice the Commission which will be due, and also to allow it to issue the invoices for the rents to be collected by the Provider.
"Fiveoffices" is a registered trademark. Any unauthorized reproduction of the trademark, logos and distinctive signs constitutes an infringement punishable by law. The User is solely responsible for the User Content that is online through the Service, as well as the images, texts and / or opinions that it formulates. The User undertakes in particular that this data reflects reality in good faith, is not likely to infringe the legitimate interests of any third party, and not to transmit photographs on which persons appear identifiable. As such, the User insures Fiveoffices against any claim, based directly or indirectly on the User’s input of data that could be brought by anyone against Fiveoffices. In particular, the User undertakes to hold Fiveoffices harmless and to pay the damages as well as all legal costs resulting from the claim of a third party against Fiveoffices.
The User grants Fiveoffices a non-exclusive license, for the whole world and for the entire duration of protection of intellectual property rights, relating to the rights of exploitation, reproduction, representation, adaptation and - on all the Content that it posts on the Service (texts, photographs, videos, etc.). This license is granted on all media, for any format and by all technical processes known to date or to come, limited however to the use cases forming part of the Service. The User also allows Fiveoffices to mention the existence of the User as a “customer” or “client” in its commercial activities.
Fiveoffices reserves the right to delete all or part of the User Content, at any time and for any reason whatsoever, without notice or justification.
The USer will have no claim in this regard.
Limitation of Liability
Fiveoffices is a Service which provides its Users with a search engine for the publication and search of professional information on office space, as well as online tools allowing the connection of Providers and Occupants, and facilitating the operational processes related to leasing and subleasing between them.
The information on the Service comes from the Members and Fiveoffices cannot guarantee the accuracy or relevance of such information. In addition, the information provided is filled in by the Users and is generally not verified by Fiveoffices prior, at and after publication.
Therefore, Fiveoffices is in no way responsible for the use of the information and content of the Service. The User is solely responsible for the proper use and accuracy of the information made available on the Service.
In addition, the User undertakes to indemnify and hold harmless Fiveoffices for all harmful consequences linked directly or indirectly to the use of its Site and arising from or in connection with the use of the Service by the User, including in case of a dispute in or outside a court, or other action for damages, by any other User or any third party against Fiveoffices as result of an action, an error or a fault committed by the User.
Access to certain sections of the Service requires the use of a Username and Password. The Password chosen by the User is personal and confidential. The User undertakes to keep his Password secret and not to disclose it in any form whatsoever. The use of the Username and Password through the Internet is at the User's risk. It is up to the User to take all necessary measures to protect their data against any attack.
The information on the Service contains hyperlinks to Websites published and/or managed by third parties. Insofar as no control is exercised over these external resources, the User acknowledges that Fiveoffices accepts no responsibility for the provision of these resources, and cannot be held responsible for their content.
IN ADDITION, FIVEOFFICES TAKES NO RESPONSIBILITY AND HAS NO OBLIGATION REGARDING THE PAYMENT OF RENT OR OF ANY OTHER REMUNERATION OR OF ANY CLAIM OR COMPENSATION OF WHATEVER NATURE FROM ONE USER TO ANOTHER, AND THE FACT OF USING THE SERVICES DOES NOT IN ANY WAY CREATE AN OBLIGATION FOR FIVEOFFICES TO COVER OR COMPENSATE FOR ANY FAILURE OF THE PROVIDER OR THE OCCUPANT IN THE FRAMEWORK OF THE RENTAL OR LEASE OR SUBLEASE AGREEMENT SIGNED BETWEEN THEM. FIVEOFFICES IS NOT A PARTY TO ANY SUCH CONTRACT OR AGREEMENT BETWEEN USERS.
Fiveoffices will not be liable in the event of a force majeure or events beyond its control.
Users remain solely responsible for determining and contractualizing their leasing, subleasing and rental relationship, and Fiveoffices is neither a party nor a signatory to any aspect that governs the rental, leasing, subleasing or service provision and relationship between the Provider and the Occupant.
Fiveoffices makes available on its Site one or more contract models which can – at the choice and exclusive responsibility of the Users – serve as the basis for the final contract between the Provider and the Occupant, and which must be adapted to the specific conditions of the desired and freely agreed relationship between Users. Under no circumstances will Fiveoffices be held liable vis-à-vis any User for the use, in whole or in part, of these model contracts. Users remain solely responsible for determining and contractualizing their lease and sublease and rental relationship.
Under no circumstances will Fiveoffices be held liable vis-à-vis any User for having sub-leased an object whose landlord has contractually limited or prohibited the letting or sub-letting. The Provider shall therefore him/her/itself make sure that the main lease agreement permits such sub-letting.
Under no circumstances will Fiveoffices be held liable vis-à-vis any User for the insufficiency or lack of insurance or a bank guarantee of any type whatsoever. Users are solely responsible for informing themselves, verifying and subscribing to risk coverage and payment guarantees determined by law and/or by Users among themselves.
Under no circumstances will Fiveoffices be held liable vis-à-vis the User for compensation for any indirect damage. By express agreement, any commercial damage, any damage to the brand image, any loss of profits, results, productivity, turnover, customers, orders are considered as indirect damages. Any action directed against the User by a third party constitutes indirect damage and therefore does not give rise to the right to compensation by Fiveoffices.
Subject to any provision to the contrary appearing in these General Terms and Conditions, or in any agreement concluded between Fiveoffices and a User, Fiveoffices cannot be held liable for damages of any kind whatsoever resulting from the unavailability of the Service or any use of the Service. If, however, for any reason Fiveoffices liability were to be incurred vis-à-vis the User, it would in any case be limited, for the entire duration of the service, to a sum of 500 euros for all damages suffered by the User, provided that the latter communicates to Fiveoffices within 8 days the elements justifying its responsibility.
Fiveoffices reserves the right to modify these General Terms and Conditions at any time. You should check them from time to time on Fiveoffices.com or any other Site designated by Fiveoffices in order to review the General Terms and Conditions then in force. Your continued use of the Service constitutes your acceptance of all changes to the General Terms and Conditions and therefore constitutes a contract between the Service and the User.
Conditions for posting information
Fiveoffices will only publish information under the condition that the provider of the information has agreed to the General Terms and Conditions herein and Fiveoffices reserves the right to publish only information which is anonymised (absence of name, address, logo, telephone number or any element allowing the User to be identified in the content of the information, whether on text, video or photos).
Fiveoffices reserves the right to publish or not publish information through the Service, regardless of the conditions above.
Fiveoffices also reserves the right to unilaterally un-publish any information at its total discretion.
Finally, Fiveoffices also reserves the right to unilaterally block the re-publication by the Provider of any information at its total discretion.
For example, Fiveoffices is required to unpublish and or block the re-publication of information in the following cases:
- Failure to anonymize the information (absence of the name, address, logo, telephone number or any element allowing the customer to be identified in the content of the information, text, videos or photos).
- Price not consistent with the reality of the object or service offered (dumping effect).
- Object or services not in accordance with the information provided.
- Abusive content (photos, description).
- Lack of responsiveness of the Provider to User requests.
These General Terms and Conditions are concluded for the period as long as the User is registered on the Service. The User will nevertheless be required to honor its contractual engagements concluded under these General Terms and Conditions before unsubscribing from the Service.
You can request the deletion of your User account at any time. Consequently, you acknowledge that Fiveoffices will no longer be able to provide all or part of the Service upon deletion. The termination of the User account does not give rise to a right to reimbursement by Fiveoffices following the possible non-provision of part or all of the Service, nor does it release the User from the obligations to which he/she/it has subscribed within the framework of the General Terms and Conditions, in particular relating to the payment of a Commission when entering into and renewing a rental or lease or sublease contract, and this for a period of two (2) years from the termination of this contract.
Each provision of these General Terms and Conditions is severable and distinct from the others. If any provision is, or at any time becomes, to any extent or in any circumstances invalid, illegal or unenforceable for any reason, that provision shall to that extent be deemed not to form part of these General Terms and Conditions but the validity, legality and enforceability of the remaining parts of these General Terms and Conditions shall not be affected or impaired, it being the parties' intention that every provision of these General Terms and Conditions shall be and remain valid and enforceable to the fullest extent permitted by law.
Applicable law and competent courts
You agree that these General Terms and Conditions and any provisions arising from your use of this Site or our products or services provided shall be governed by and construed in accordance with the laws of Luxembourg. By registering for a User account on this Site, or by using this Website and the Service it offers, you agree that exclusive jurisdiction is assigned to the courts within the jurisdiction of the Court of Appeal of the Grand Duchy of Luxembourg.
Luxembourg, as of June 30th, 2022