§ 1 Scope
The General Terms and Conditions ("Terms") set out below apply to all contracts for the use of space (Fix Desk, Flex Desk, Super-flex, Daypass) between w3.hub GmbH & Co. KG ("w3.hub") and the respective customer ("Customer"), together also referred to as the "Parties". The GTCs of w3.hub shall apply exclusively. The terms and conditions of the Customer that contradict or go beyond the GTCs of w3.hub have no validity without the written confirmation by w3.hub.
§ 2 Object of the contract
(a) The customer is granted the opportunity by w3.hub to use the Co-working space (this also includes individual Co-working desks) with the furnishings provided by w3.hub for exclusively commercial or self-employed purposes as office space for a fee ("basic service fee"). In addition, further services can be booked by the customer for a fee ("service fee").
(b) w3.hub undertakes to provide the customers with the respective booked Co-working space at w3.hub, Möckernstraße 120, 10969 Berlin.
(c) The basic service fee to be paid by the customer includes the remuneration for the use of the agreed Co-working spaces (Fix Desk, Flex Desk,Super-flex, Daypass) and the common areas. All incidental costs (heating, water, electricity) as well as internet use and use of the coffee machine(s) are included in the basic service fee.
(d) w3.hub retains the flexibility to modify its pricing structure and the potential to change the terms of its product offerings. We reserve the right to adapt our services as necessary to align with evolving business needs and member requirements. Members will be given a one-month notice prior to any price changes or adjustments to the terms of service, ensuring transparency and providing sufficient time for any necessary planning or adjustments.
(e) Upon acceptance the customer is obligated to check his booked workspace on any damages. Any damages must be reported immediately to w3.hub (it is recommended that the customer does this by email. If this is not done w3.hub assumes that the workspace has been accepted in an undamaged and clean condition.
(f) The following memberships are offered:
Fix Desk:
- 24/7 Access to the building with own access card
- Use of a permanently assigned workstation with the option of setting up your own monitor
- Shared use of common areas and kitchens.
Flex Desk:
- Access to the building during the opening times
- Non dedicated workstation in coworking office („Clean Desk“ Policy).
- Shared use of common areas and kitchens.
Super- Flex Desk:
- Access to the building during the opening times
- Non dedicated workstation in coworking office („Clean Desk“ Policy).
- Shared use of common areas and kitchens.
- 14 days cancellation period
Daypass:
- Access to the building during the opening times for the day access is granted via the Daypass
- Non dedicated workstation in coworking office („Clean Desk“ Policy).
- Shared use of common areas and kitchens.
§ 3 Payments
(a) The member is automatically invoiced monthly in advance based on their membership option. Also included are any variable charges such as telephony usage that may have been incurred during the previous period. Payment is required at the beginning of the month for that period, at the date specified in the invoice. Payment for casual usage is either paid on the day of use unless other arrangements have been made with w3.hub
(b) Service costs for additional services are invoiced to the customer by w3.hub for the respective month. Insofar as prices for services have not been negotiated in detail with the Customer, the respective valid service price list shall apply. The service costs are due within ten days of receipt of the relevant invoice.
(c) Invoice amounts in arrears shall bear interest at 9% above the base rate of the European Central Bank.
(d) Should the customer be more than four weeks in arrears with payment, w3.hub is entitled to discontinue further service provision. In this case, w3.hub is entitled to deny access to the co-working spaces. This does not constitute a liability for damages in any case.
(e) In the event of late payment, w3.hub will charge reminder fees for the first and second reminders and a processing fee of € 4 for each return debit note, regardless of the reason for the debit note.
§ 4 Deposit
The customer shall pay a deposit in the amount of one month's net service fee before, but no later than upon handover of the access keys/pagers to the Co-working space. In deviation from Section 551 (2) of the German Civil Code (BGB), the rent deposit shall be paid as a one-off payment due to the short term of the contract.
§ 5 Conclusion of contract
(a) By booking the selected service online, the customer makes a binding offer to conclude a contract. The contract is concluded with the written acceptance of the offer by the w3.hub.
(b) By concluding the contract, the customer accepts the General Terms and Conditions of w3.hub. The customer has the option of printing them out online when or before concluding the contract.
(c) With the online booking of the selected service, the customer makes a binding offer to conclude a contract. The contract is concluded with the written acceptance of the offer by w3.hub.
(d) The customer has no right of conclusion of the contract. The w3.hub is free to reject any offer to conclude a contract without giving reasons.
(f) Upon conclusion of the contract, the customers assure that the data provided by them is complete and true. The customers undertake to inform the w3.hub immediately of any change in their personal data.
§ 6 Liability of the customer
(a) The client is liable for all damages caused by him or his guests. Therefore the customer hereby authorizes w3.hub to charge him for any damages.
(b) The user must ensure that his transponder for the door is not lost. In the event of loss, the user must bear the cost of a new transponder in the amount of €50. w3.hub reserves the right to replace the entire locking system of the w3.hub if the key is lost. The costs for this are to be borne by the user.
§ 7 Use of the Co-working and rules of the conduct
(a) The client is not allowed to use the Services of the w3.hub for any purpose that is unlawful or prohibited by these terms and conditions as well as the rules of conduct.
(b) The rules of conduct are laid down in the house rules of w3.hub, which are part of the contract. These are handed out to the customer upon conclusion of the contract. By concluding the contract, the customer agrees to abide by them. Any violations may lead to a warning and, in the final step, to termination.
(c) By accessing and using the facilities of w3.hub facilities, including any co-working spaces, communal areas, or services provided therein, the customers agree to comply with the House Rules as set forth in the attachment to these Terms and Conditions ("House Rules").
(d) The House Rules are integral to maintaining a collaborative, safe, and productive environment. They outline the expected conduct and use of the services and facilities provided by w3.hub. By agreeing to these Terms and Conditions, the Member acknowledges that they have read, understood, and accepted the House Rules.
(e) w3.hub reserves the right to make amendments to the House Rules at any time. Such amendments are effective immediately upon posting in the Co-working space or by direct communication to you. It is your responsibility to review any changes to the House Rules and ensure ongoing compliance.
(f) Any violations may lead to a warning and, in the final step, to termination.
§ 8 Privacy and Data Safeguarding
(a) w3.hub is committed to respecting all applicable data protection rules, specifically those outlined by the German Federal Data Protection Act (BDSG), along with other pertinent data privacy regulations.
(b) By entering into this agreement, the client permits w3.hub to securely store necessary personal information on digital media for the sole aim of contract execution. Additionally, the client allows for the transfer of select personal details to external agencies for credit assessment purposes. w3.hub, along with any permitted third-parties, will maintain the utmost confidentiality when dealing with this data.
(c) The client possesses the ability to retract their consent at any given moment, effective immediately. Should this occur, w3.hub pledges to promptly expunge all of the client's stored personal details.
§ 9 Internet usage
(a) The customer is solely responsible for actions within the scope of internet use. He is subject to legal restrictions, in particular copyright restrictions, when retrieving, storing, transmitting, distributing and displaying certain content. The customer must ensure that he and all persons who use the Internet access provided by w3.hub at his instigation are informed of this, to observe the legal provisions and in particular to refrain from unlawful copying, dissemination or downloading of material protected by copyright. Should claims be made against w3.hub by third parties due to a breach of the above provision or legal regulations, the customer will indemnify w3.hub to this extent.
§ 10 Use by third parties
(a) The customer is not entitled to transfer or grant use of the Co-working space or the inventory to third parties in whole or in part.
(b) The customer shall be liable for any damage caused by third parties entering the Co-working space at the customer's instigation.
(c) The customer shall protect the Co-working spaces provided from access by third parties and the keys and access cards provided to him/her from loss and theft. Keys and access cards may not be handed over or made accessible to third parties.
§ 11 Confidentiality
(a) During the use of w3.hub the customer might be exposed to confidential information. Confidential information shall mean all information, in whole or in part, that is disclosed by w3.hub or any member of the w3.hub. This includes without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge. Therefore the customer agrees that the use of the w3.hub obligates him to maintain all confidential information in strict confidence, not to disclose those to any third parties, not to sue those in any way directly or indirectly determined to w3.hub or any member of w3.hub.
§ 12 Insurance
(a) w3.hub carries Liability and Business Personal Property insurance. As a user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of w3.hub.
§ 13 Termination and compensation in case of extraordinary termination.
(a) The term shall be governed by the provisions of the individual contract. Insofar as a fixed term is agreed between the parties in an individual contract, the ordinary right of termination is excluded for both parties.
(b) Both parties may terminate the contract without notice for good cause. An important reason for w3.hub exists in particular if the customer:
1. is in default with the payment of the basic service fee or a not insignificant part thereof for two consecutive dates;
2. repeatedly defaults on the payment of other Service Charges and, despite a warning and the setting of a reasonable deadline, fails to make up the payment without undue delay;
3. the customer violates the rights of w3.hub to a considerable extent by considerably endangering the co-working spaces or the inventory by neglecting the care incumbent upon him or by leaving them to a third party without authorisation.
(c) If w3.hub terminates the contract extraordinarily due to a culpable breach of duty on the part of the customer, the customer must compensate w3.hub for any damages arising from this. In this respect, the customer is liable in particular for the damage that w3.hub suffers as a result of the fact that the co-working spaces are not available after
(d) Any termination of the contract must be in writing, whereby a termination by sending a signed scanned document by e-mail is sufficient.
§ 14 Termination of contract
(a) Termination of the membership contract may occur by either party at the agreed time without explanation, though the option for early termination due to significant cause remains open to both parties. All termination notices require written form, with a one-month notice period to the end of a calendar month.
(b) The w3.hub reserves the right to an immediate termination without notice for substantial breaches, such as repeated late payments, significant contractual violations, or persistent disruptions to the community environment which warrant such action.
(c) Members are expected to maintain a respectful co-working space. If disruptive behavior (e.g., excessive noise, odors, etc.) is not corrected after a warning, it may lead to termination.
(d) Upon contract end, members must return the co-working space and any items in good condition, reverting to the original state at the member's expense, plus a handling fee unless proved otherwise. Access cards must be returned or the member will bear the cost of lock and security system changes.
(e) Any items left behind post-termination will be stored at the member's cost and may be discarded at the member's expense if not claimed within 14 days.
(f) Additionally, after the contract ends, w3.hub will not accept any mail or packages for the member. Uncollected mail/parcels will be destroyed after 14 days post-contract, with the member relinquishing ownership and w3.hub being exempt from damage compensation.
§ 15 Set-off Right of retention
(a) The customer can only offset against payment claims of w3.hub if the customer's claim for offsetting is undisputed or has been legally established. The same applies to the exercise of a right of retention by the customer.
(b) The customer is only entitled to a reduction of the current service payments if the reason and the amount of the reduction are undisputed or have been legally established.
(c) The right of the customer to separately assert any claims for repayment of service or service basic fees overpaid due to reduction or other claims against w3.hub is not affected by the above provisions.
§ 16 Final provisions
(a) Subsidiary agreements, amendments, supplements and cancellation of the contract must be agreed in writing. The same applies to promises, consents, waivers and settlements of all kinds.
(b) The parties are aware of the statutory written form requirements of §§ 550 sentence 1, 578 and §§ 126, 127 BGB. They hereby mutually undertake, at the request of either party at any time, to perform all acts and make all declarations necessary to comply with the statutory written form requirement. This shall apply not only to the conclusion of this Agreement, but also to any supplementary, amendment and amendment agreements and annexes to this Agreement. The Parties agree that the termination of this Agreement due to non-compliance with the written form requirement constitutes a breach of good faith if all reasonable efforts have not previously been made unsuccessfully to establish the written form of the Agreement.
(c) w3.hub reserves the right to change these terms and conditions insofar as this is not unreasonable for the customer. This is the case with less important provisions of these terms and conditions, provided that this change does not lead to a redesign of the contractual structure as a whole. The weighty provisions include, in particular, provisions concerning the type and scope of the contractually agreed services, the term and the termination of the contract. The customer shall be notified of the amendment in due time.
(d) Should one or more provisions of the contract be or become invalid, this shall not affect the validity of the remaining provisions. However, the contracting parties undertake to enter into negotiations with the aim of replacing the ineffective provision with a provision that is equivalent in terms of the economic result or - if this is not possible - approximately equivalent.
House Rules
(1) Opening hours
The Co-working space is open to Flex Desk Members, Super-flex Desk Members & Daypass guests during the specified opening hours. Please respect these times. For fixed desk as well as office space tenants it is accessible 24h.
(2) Workspace usage
Members are permitted to use only their assigned workspaces and must comply with all directions from w3.hub staff. Meeting room use requires a minimum of two people; individual calls should be conducted in the phone booths provided. All members share responsibility for maintaining community areas in good condition and using them appropriately.
(3) Communication
In the Co-working Space, general consideration should be given to the other users. Therefore, attention should be paid to a pleasant noise level. Therefore, telephone calls and loud conversations should only be made in the designated areas.
(4) Cleanliness
The work area should be kept clean and tidy. A Clean Desk Policy applies. Dispose of waste in the bins provided. Likewise, common areas and kitchens are to be kept clean.
(5) Guests
Members are permitted to have guests in the Hub, but they should be notified in advance. For Guests who would like to co-work with the member, a day-pass will be needed. Guests are also required to abide by the house rules. Tenants are responsible for the behavior of their guests and are liable for them in the event of any damage.
(6) Smoking ban
Indoor rooms are non-smoking. Smoking is only permitted in the designated outdoor areas.
(7) Personal belongings and valuables
Personal belongings and valuables are the responsibility of the user. All personal belongings and valuables must be secured against theft by the user. The Co-working provider is not liable for any loss or theft.
(8) Technical equipment
(a) Notebooks and computers must be secured against theft or taken with you when leaving the Co-working area or deposited in a lockable roll container, if rented, or in a locker that may be available. The Co-working provider does not assume any liability for items belonging to users on the premises. Electrical devices (computers, lamps, etc.) must be switched off when leaving the workplace.
(b) For fire safety reasons, only original charging cables and power supply units are to be used. The user causing the damage is fully liable for any damage caused by the use of charging cables and power supply units not certified by the device manufacturer to their own and other devices as well as to the infrastructure provided by the operator. For safety reasons, notebooks or computers must be switched off when leaving the workplace or taken with them so that overheating or burn damage to a battery cannot occur unnoticed.
(9) Internet use
The use of the provided internet is subject to the terms of use of the provider. Illegal activities are strictly prohibited.
(10) Events and meetings
If you want to organize an event or hold a company off-site in the w3.hub, please approach the w3.hub events-team for a non-binding offer.
(11) Safety
In the event of an emergency, follow evacuation instructions and inform staff.
(12) Damage
Report any damage or technical problems to the Co-working provider immediately.
(13) Pets
Pets are only allowed with prior permission from w3.hub. Permission can be withdrawn at any time if this disturbs other customers in the Co-working space. Pets must be house trained and should be refrained from sitting on furniture.
Respect other members and the shared spaces. Clean up after yourself.
Please turn off the light at the entrance if you are the last one leaving.
(14) Workspace Use
Keep noise levels to a minimum in open areas. (no phone calls in the open working area)
Please do not use the meeting room if you are by yourself
There are 12 monitors available on the flex desks on a first comes first serves basis. We reserve all rights to charge any damages caused to the monitors and accessories.
Book meeting rooms in advance through Cobot.
Do not leave personal belongings unattended. We are not responsible for lost items.
(15) Guest Policy
All guests need to register at the front desk
Member can bring their guests for a max. 3 hours per day
Guests are welcome to join you for meetings, but they cannot use the space for work. If they wish to work from w3.hub, they will need to purchase a day-pass.
(16) Security
Report any suspicious activity to the team immediately.
Ensure lights are turned off and doors are securely closed behind you after opening hours.
(17) Community Space (4/F)
Reach out to the w3 team if you face problems with the coffee machine, do not try to fix it yourself.
Keep the space tidy and clean because other members are using it too!
Bring back the cups if you picked them on the 4/F
Report any damages or suspicious events
Be careful if you bring any cups and bottles to the balcony!
If you opened a window, please close it when you leave
(18) Gaming corner
Be mindful when you use the facilities and leave them how you found them.
Report to Kaki immediately if there are any damages or malfunctioning.
Up to three PS5 controllers can be borrowed. Your ID is required (or something equivalent) as the deposit.
Cobot is the web platform used by w3.hub to provide this website.
See Cobot Terms
