General Terms and Conditions – Temporary Availability Terms - EN

PRIVATE INSTRUMENT FOR TEMPORARY USE

The parties agree to enter into this private instrument to define the duties and obligations applicable to temporary uses, under the following conditions:

1. Confirmation of the temporary use (reservation) shall be sent by the CONTRACTED PARTY to the CONTRACTING PARTY by email containing the following information: a) reservation date and time, b) reserved room, c) unit, d) reservation amount.
2. If the CONTRACTING PARTY reserves a room to be used on the same day and, as a result, such reservation falls outside the cancellation periods, the CONTRACTING PARTY hereby acknowledges that it may not cancel the room reservation and that, even if it does not use the room, the charge will be generated as usual. Room reservations are subject to availability.
3. Any cancellation or change to the temporary use request must be made in writing at least one (1) business day before the start of the reservation for meeting rooms and executive rooms, and at least five (5) business days before the start of the reservation for the training room (Paulista Unit), auditorium (Berrini Prime Unit), meeting room for up to fourteen (14) people (Berrini Prime Unit), and Gourmet Area (Berrini Prime Unit), under penalty of full payment of the amounts stated in the reservation confirmation. For reservations made with less than one (1) business day’s notice, the same clause shall apply, and the full reservation amount shall be charged.
4. For meeting rooms and executive rooms, if the CONTRACTING PARTY exceeds the period previously established in the reservation confirmation, the CONTRACTED PARTY shall charge, subject to availability and after a fifteen (15)-minute grace period, the additional use amount according to the CONTRACTED PARTY’s current price list and, after 18:00, an additional nighttime hour fee (please check the nighttime reservation end time at the unit of interest). If the CONTRACTING PARTY books the room from 20:00 onward, the hours used shall be charged, plus two (2) additional nighttime hours for the period from 18:00 to 20:00, even if that period is not used, due to the attendant remaining present to monitor the meeting. For the auditorium, the meeting room for up to fourteen (14) people, and the Gourmet Area at the Berrini Prime Unit, entry shall be permitted fifteen (15) minutes in advance, and a fifteen (15)-minute delay in returning the space shall be tolerated, according to the rented period. Failure to return the space at the end of the reserved period shall constitute continued use. Any use exceeding the permitted grace period shall be charged at the full amount for the period used, according to the current price list.
5. The available spaces are intended for corporate meetings. Audio equipment may be used at ambient volume. It is strictly prohibited to: smoke, including on balconies; remove furniture; stock, store, or keep any objects on the premises. The hall is a common area and may not be used. Loading and unloading are not permitted outside the reservation period.
6. The CONTRACTING PARTY assumes full civil and criminal liability for the activities carried out by itself and its visitors throughout the use period, holding the CONTRACTED PARTY harmless from any liability regarding the company’s activities, the use of services, and the use of the space on its premises.
7. If the use is for a meeting involving a recruitment and selection process, participants may be informed that the CONTRACTING PARTY has no relationship with the CONTRACTED PARTY if they repeatedly contact the CONTRACTED PARTY to request details about the selection process. In addition, the CONTRACTED PARTY shall not be responsible for any information or commitments made during the meeting. The CONTRACTING PARTY shall also be responsible, during the room use period, for all objects and equipment rented for the event, as well as for handling the air conditioner and turning it off if the rented unit has an individual air-conditioning system.
8. If access to the unit requires a badge and such badge obtained at the building reception is lost or misplaced, the CONTRACTING PARTY shall owe the amount set forth in the service price list in effect at the time. In addition, if the rented unit offers coffee and capsules, such as Nespresso-type capsules or any other brand, or makes mineral water, with or without gas, or any other food/beverage item available to the client, an additional charge shall apply according to the current price list provided by the CONTRACTED PARTY.
9. If the CONTRACTED PARTY suffers losses due to any type of use requested by the CONTRACTING PARTY, especially with regard to the need to hire legal services to defend the CONTRACTED PARTY’s interests, the amounts shall be fully owed by the CONTRACTING PARTY and shall be reimbursed upon presentation of proof of expense.
10. The room reservation shall only become effective upon advance payment of the full reservation amount. If the client uses any services of the CONTRACTED PARTY during the reservation period, all amounts must be settled at the front desk at the end of the reservation. If the reservation is cancelled within the period stipulated by the CONTRACTED PARTY, namely at least one (1) business day in advance for meeting rooms and executive rooms and five (5) business days in advance for the training room at the Paulista Unit, auditorium, meeting room for up to fourteen (14) people, and Gourmet Area at the Berrini Prime Unit, the full reservation amount shall be converted into a credit to be used within thirty (30) calendar days. In the event of cancellation outside the aforementioned periods, the full reservation amount shall not be refunded and may not be used as credit. Clients who purchase temporary-use packages must make payment according to the proposal received and approved by both parties.
11. If any payment delay occurs on the part of the CONTRACTING PARTY, a penalty of 2% and late-payment interest of 0.033% per day of delay shall apply. The CONTRACTING PARTY hereby acknowledges and accepts as due the services provided by the CONTRACTED PARTY, and authorizes the forwarding of the respective bank payment slips to credit protection agencies and for protest registration by indication in the event of default. The CONTRACTED PARTY further declares that it may hire collection partners to represent its credit. In the event of default, for agreements entered into by a legal entity, the partners/shareholders of the CONTRACTING PARTY who signed the agreement shall be jointly and severally liable for all financial obligations set forth between the parties, hereby authorizing that, in the event of any default by the CONTRACTING PARTY, the signing partners/shareholders may also be charged and/or have their names submitted to credit restriction agencies due to the debt of the CONTRACTING PARTY company.
12. The CONTRACTED PARTY shall not be responsible for personal objects of the client that may be left in the room during the period of use. The CONTRACTING PARTY shall be responsible for securing the assets and valuables brought into the CONTRACTED PARTY’s space, including obtaining insurance for such items. The CONTRACTING PARTY must exercise the utmost care with its personal objects and those of its guests and clients, such as notebooks, tablets, cell phones, projectors, pens, folders, among others. If the CONTRACTING PARTY causes damage to any equipment, furniture, or space of the CONTRACTED PARTY, it must pay the value of the item stated on the invoice or, if unavailable, the equivalent replacement value of the damaged item, in addition to lost profits. Any accident involving the CONTRACTING PARTY and/or its guests shall not be the responsibility of the CONTRACTED PARTY.
13. The CONTRACTING PARTY is prohibited from using and disclosing the address of the meeting/training room used by it, as well as from using the CONTRACTED PARTY’s business address on business cards, brochures, and websites, and before the competent public authorities, including the Board of Trade, Registry Office, Federal Revenue, State Tax Office, and Municipal City Hall, without the CONTRACTED PARTY’s prior written authorization. The parties agree that, if the CONTRACTING PARTY uses and discloses the address of the room used by it, the CONTRACTED PARTY may impose a fine corresponding to fifty (50) times the room reservation amount for improper use of the address.
14. Compliance – The parties assume and agree that, for the provision of the services covered by this agreement, they shall not make, promise, offer, authorize, or accept any type of improper payment, to anyone whatsoever, including kickbacks or bribes to any public official, governmental employee, or any type of public body or entity. All parties shall comply with all applicable anti-corruption and anti-bribery laws and regulations, as well as privacy and personal data protection laws. The business relationships maintained between the parties shall be guided by ethics, morals, and good security and corporate governance practices.
15. Certain personal data of the Contracting Party/Contracted Party, their partners/shareholders, employees, or visitors, including photos and recordings for security measures, shall be transferred to the other party solely for the performance and execution of this agreement and used exclusively to fulfill legal duty, contractual obligation, and legitimate interest. The parties also declare that they shall maintain the utmost confidentiality regarding all information received from the other party or collected under this Agreement. The Contracted Party has a clear and objective Privacy and Personal Data Protection Policy, which may be accessed on its website at https://www.virtualoffice.com.br/politica-de-privacidade/. The parties undertake to fully comply with the applicable legislation on personal data protection, including Law No. 13,709/2018 (LGPD). Each party shall act according to its respective role in the processing of personal data and shall be exclusively responsible for processing activities carried out under its own management and control. The Contracted Party undertakes to adopt appropriate technical and organizational measures to protect personal data processed within the scope of this Agreement, as well as to notify the Client, within a reasonable time, of any security incident that may affect personal data of the Client, its employees, representatives, or partners.
16. The CONTRACTED PARTY shall not be responsible for any problem caused by the “Telephone Carrier”, including issues caused by repairs or expansion of the telephone network.
17. The CONTRACTED PARTY shall not be responsible for any problem caused by internet access “Providers”.
18. It is the CONTRACTING PARTY’s responsibility to check the voltage of the space’s outlets when connecting its equipment.
19. The CONTRACTED PARTY may, at any time, carry out the repairs necessary to the spaces offered in order to ensure the quality of its service provision, as well as change the room used by the CONTRACTING PARTY, provided that it allocates the CONTRACTING PARTY to another similar room.
20. The Contracting Party shall not do anything that compromises the use of the common areas and may not cause inconvenience or damage to the Contracted Party and its clients, under penalty of bearing the resulting burden. The Contracting Party shall maintain a quiet, clean, productive, and pleasant work environment for everyone. Pets are prohibited in the space. It is forbidden to bring illegal, flammable, corrosive, or explosive materials into the space, as well as to carry out activities contrary to law and good morals.

IT and Technology Policy (shared/exclusive internet)

1. USE OF THE LOCAL NETWORK: The Contracting Party will have access points available to the wired local network (RJ-45), segmented by VLAN (Virtual LAN), for use, which may or may not be exclusive (exclusive VLAN), and the installation of repeater equipment such as hubs, bridges, access points (Wi-Fi), etc., is prohibited.
2. USE OF THE WIRELESS NETWORK (WI-FI): The CONTRACTING PARTY will have access points available to the shared wireless local network WI-FI to serve all clients of the unit, and Hotspot authentication may be required each time it connects. As WI-FI is shared, connection privacy is not guaranteed, and the CONTRACTING PARTY must take the necessary precautions to ensure the privacy and integrity of its connected device.
3. USE OF THE INTERNET: The internet access offered to the CONTRACTING PARTY is shared and dimensioned to provide working conditions and good browsing and use of services available through the Internet. No content control is applied to internet access, and it is the CONTRACTING PARTY’s full responsibility to ensure that it is used lawfully and only for appropriate websites. It is also recommended that the CONTRACTING PARTY’s workstations have firewall mechanisms and/or other protections that ensure their integrity, and such resources are the CONTRACTING PARTY’s full responsibility. Although no content control is applied, bandwidth usage is controlled to ensure that all clients have good browsing speed on the shared link. In special cases (VOIP, VPN, VC, etc.), dedicated access with public IPs may be required, subject to a specific project and quote. Any change in the CONTRACTING PARTY’s internet usage profile or any activity not foreseen at the time of contracting must be promptly reported to the CONTRACTED PARTY. The CONTRACTED PARTY shall not be responsible for any problem generated by the use of specific access without its knowledge.

USE OF MULTIFUNCTION DEVICES (PRINTER, SCANNER AND/OR COPIER):

1. The CONTRACTING PARTY will have shared multifunction devices available for printing, scanning, and/or copying documents. The installation of this type of equipment on the wired network or WI-FI by the Contracting Party itself is prohibited, except in cases where there is a specific agreement for the use of such equipment in exclusive rooms.

USE AND HOSTING OF EQUIPMENT:

1. Our shared environments were designed for the connection of portable equipment, including notebooks and tablets, during the presence of the CONTRACTING PARTY’s user in our units, and such equipment may not remain without a responsible user present or overnight. In specific cases, we may authorize the use of non-portable equipment, such as desktops, in shared areas; however, the CONTRACTING PARTY shall be responsible for removing them at the end of the business day. In exclusive rooms, the CONTRACTING PARTY may use non-portable equipment permanently connected to the network, provided that the access doors are properly locked when no CONTRACTING PARTY users are present.

USE OF MOBILE PHONES AND TABLETS:

1. The CONTRACTING PARTY may use the shared wireless local network WI-FI to connect mobile devices, such as smartphones or tablets, for internet access and use of the CONTRACTED PARTY’s mobile application for reservations, printing, check-in, check-out, etc.; Hotspot authentication may be required at each connection. As WI-FI is shared, the CONTRACTING PARTY must use it with discretion so as not to saturate resources and must take the necessary precautions to ensure the privacy and integrity of its connected device.

ACCESS CONTROL:

1. The CONTRACTING PARTY must safeguard its access identifier for doors, turnstiles, and gates, keeping it under its custody, and must not access restricted areas without authorization or grant access to other persons. Credentials and passwords for access to systems, websites, and applications are personal and non-transferable for the contacts provided by the CONTRACTING PARTY.

RESTRICTIONS:

1. The CONTRACTING PARTY assumes full responsibility for all its access to and use of any item mentioned above, including all data to which it may have access, holding the CONTRACTED PARTY harmless from any civil or criminal liability, whether national or international. The CONTRACTING PARTY must use the tools provided for lawful purposes and maintain basic security, including antivirus, personal firewall, antispam, etc., to prevent improper use and avoid violating this instrument. The CONTRACTING PARTY acknowledges that the CONTRACTED PARTY does not monitor the content of information transmitted through telecommunications lines or equipment and does not accept any liability for the content of the CONTRACTING PARTY’s transmissions.

• This instrument shall be valid for an indefinite term, and its effectiveness begins on the date of execution of this instrument.
• The parties elect the Central Court of the District of São Paulo – SP to settle any matters related to this instrument.

And being justly agreed and contracted, the parties sign this Agreement in the presence of two (2) witnesses.

The parties expressly agree that this agreement may be executed electronically and/or digitally, including through electronic signature platforms, recognizing the legal validity, authenticity, integrity, and effectiveness of such signatures under the applicable law. The electronic signature shall have the same legal effect as a handwritten signature for all legal purposes.