Terms & Conditions

Welcome to Profrea!

Profrea connects Workspace Seekers with Workspaces on hourly basis. Save money and grow your business with Profrea.

PROFREA, the trademark, is owned by “Profrea Solutions Private Limited”. Use of the word “Profrea” without the prior written consent of “Profrea Solutions Private Limited” shall make the person/company/firm or any other entity liable for legal proceedings. The website i.e. www.profrea.com including the content shown therein, services offered therefrom and the domain name is owned, hosted and operated by “Profrea Solutions Private Limited”.

Please read the below mentioned terms and conditions carefully as they contain important information about your legal rights, remedies and obligations. The terms and conditions mentioned below govern your use of services provide by “Profrea Solutions Private Limited” on www.profrea.com and elsewhere. By accessing or browsing www.profrea.com, you consent of having read, understood and agreed to the terms and conditions mentioned herein and also accept the said terms and conditions in toto without any objection. The below mentioned terms and conditions constitute a legally binding agreement between you and “Profrea Solutions Private Limited”. “Profrea Solutions Private Limited” may modify, add, or delete portions of the below mentioned terms and conditions, including the terms and conditions of pricing at any time. The update of terms and conditions shall be intimated to you through email, but only if you have registered your email address with “Profrea Solutions Private Limited”. In case you do not agree to these terms and conditions or subsequently stop agreeing to these terms and conditions or updated terms and conditions, you must thereafter immediately cease using www.profrea.com and other related services provided by “Profrea Solutions Private Limited”.

DEFINITIONS:

1. Space Provider:- A person or group of persons or a firm/ company or any other entity having a right, title or interest in a workspace, whether directly or through a lease deed/rent agreement; after accepting the terms and conditions mentioned herein, lists the said workspace on www.profrea.com for use of Space User on license basis.
2. Space User:- A person or group of persons or a firm/ company or any other entity, after accepting to the terms and conditions mentioned herein requests to use on license basis a workspace which is listed on www.profrea.com.
3. Workspace:- A space or a part of space which is being used for office or business purpose by the Space Provider and the Space Provider thereafter lists the said space or part of said space on www.profrea.com for use of the said space or part of said space on license basis by Space User.
4. Workspace Slot:- The total number of minutes/hour(s) licensed by the Space User from the Space Provider in a Workspace. The same shall be clearly mentioned in the Space License Agreement exclusively executed between Space Provider and Space User.
5. Buffer Time:- Fifteen (15) minutes before the Workspace Slot and Fifteen minutes (15) after the Workspace Slot shall be known as buffer time.
6. Space License Agreement:- An agreement executed exclusively between the Space Provider and Space User for using the workspace on license basis and which also defines the terms of use of Workspace, shall be known as Space License Agreement.
7. Space License Fee:- The sum total of the fee to be paid or already paid by Space User to Space Provider in consideration for using the workspace on license basis.
8. No Objection Certificate:- A duly signed and executed certificate by the landlord in favour of the Space Provider and “Profrea Solutions Private Limited”, stating that the landlord has no-objection if the tenanted premises or part of tenanted premises is licensed to Space User by Space Provider.
9. Profrea Tick:- A green colour tick, which may be provided to workspace(s) where preliminary enquiry about the title of the Space Provider is conducted by “Profrea Solutions Private Limited”.

REPRESENTATIONS & WARRANTIES:

You represent and warrant that:-

1. You are an individual person or you are a group of persons or any other legal entity;
2. You are at least 18 years of age in case of individual or group of persons;
3. You are in sound state of mind and you have the right, power and authority or capacity to enter into agreement with “Profrea Solutions Private Limited” and you fully understand that by accepting the terms and conditions mentioned herein you shall be entering into an agreement with “Profrea Solutions Private Limited”;
4. You are not being coerced from any corner to accept the terms and conditions mentioned herein and consequently entering into a legally valid agreement with “Profrea Solutions Private Limited”;
5. You are not legally barred from entering into the present agreement with “Profrea Solutions Private Limited” and further you are legally entitled to enter into the present agreement with “Profrea Solutions Private Limited”;
6. Your use of www.profrea.com and its allied services shall only be in accordance with the present terms and conditions;
7. Your use of www.profrea.com will not infringe upon or misappropriate any of the rights of “Profrea Solutions Private Limited” or the www.profrea.com or any other third party.

SUPERSESSION AND AGREEMENT

• The present terms and conditions supersedes any and all prior oral or written commitments, understandings or agreements between “Profrea Solutions Private Limited” or the www.profrea.com and you.
• The present terms and conditions constitute the entire agreement between “Profrea Solutions Private Limited” and you.

TERMS OF USE FOR SPACE PROVIDER:

• REGISTERED USER:
1. Space Provider after accepting terms and conditions shall create a user account with www.profrea.com. Once the user account of the Space Provider is created, the Space Provider shall become Registered User of “Profrea Solutions Private Limited”.
2. The said user account of the Space Provider shall be initially valid for Six Months if not extended by the Space Provider before the expiry of Six Months. In case of not extending the user account on www.profrea.com by Space Provider, the said user account shall become dormant user account and the Space Provider shall loose the status of being Registered User with “Profrea Solutions Private Limited”.
• EXCLUSIVITY:

The Space Provider shall not avail the services of any of the competitor(s) of “Profrea Solutions Private Limited” or any other person or any other entity, for licensing or renting the workspace or part of workspace till the Space Provider is the registered user of “Profrea Solutions Private Limited”.

• DESCRIPTION and PHOTOGRAPHS:

The Space Provider shall provide the true and correct information/description of the workspace along with true and correct photographs of the workspace at the time of listing of workspace with “Profrea Solutions Private Limited” on www.profrea.com. The Space Provider shall also mention at the time of listing of workspace the tenure of time in a day for which the Space Provider wants to license the Workspace to Space User(s).

• PRE-QUALIFICATIONS:

The Space Provider shall state the pre-qualifications for the Space User at the time of listing of Workspace at www.profrea.com, if any.

• SPACE LICENSE AGREEMENT:

The Space Provider shall execute Space License Agreement with the Space User defining the terms and conditions of use of Workspace and terms of license of the Space User for usage of Workspace.

• SPACE LICENSE FEE and SECURITY DEPOSIT:

The Space License Fee shall be received by the Space Provider from the Space User as per the terms mutually decided between Space Provider and Space User and the same shall be explicitly mentioned in Space License Agreement. Further a refundable and interest free security deposit shall be received by the Space Provider from the Space User as mutually decided between Space Provider and Space User and the same shall also be explicitly mentioned in Space License Agreement. The amount of Space License Fee and Security Deposit shall be mutually decided by the Space Provider and Space User and the same shall also be explicitly mentioned in Space License Agreement.

• UTILITIES and PAYMENT:

The Space Provider, at the time of listing of Workspace, shall explicitly and correctly mention the list of utilities available at the Workspace for the use of Space User and the Space Provider shall further divide the utilities into free and paid and the same shall be filled correctly. Further, the Space License Agreement shall explicitly mention the charges of paid utilities, if any. The Space Provider shall issue monthly fee bill to the Space User regarding usage of paid utilities by the Space User.

• WORKSPACE AVAILABLITY and USAGE:

The Space Provider shall ensure the availability of the Workspace for the use of Space User during the workspace slot licensed by the Space User. The Space Provider shall ensure that the Space User is provided the exclusive use of Workspace during the Workspace Slot availed by the Space User. The Space Provider shall not disturb the exclusive use of Workspace by the Space User during the Workspace Slot availed by the Space User. Space Provider shall also ensure the availability of Workspace to Space User during the buffer time of Workspace Slot in special circumstances.

• WORKSPACE MANAGER:

Space Provider shall also provide for a manager in the Workspace, who shall act as the representative/agent of the Space Provider during the time Workspace is occupied and used by Space User and client(s)/customer(s) of the Space User. The said manager shall be known as Workspace Manager. The Workspace Manager may be required to act as a receptionist for the Space User during the Workspace Slot availed by the Space User and in such circumstance the Workspace Manager shall be duly remunerated by the Space User. The Workspace Manager shall be the connecting factor between Space Provider and Space User. The complete details and responsibilities of Workspace Manager shall be enumerated in Space License Agreement.

• COMMUNICATIONS and PROMOTIONS:
1. The Space Provider consents that “Profrea Solutions Private Limited” or any employee or agent of “Profrea Solutions Private Limited” may send emails, messages, etc. upon the email-id(s) and phone number(s) provided by the Space Provider for communication purpose. The Space Provider also consents that “Profrea Solutions Private Limited” or any employee or agent of “Profrea Solutions Private Limited” may call upon the phone number(s) provided by the Space Provider for communication purpose.
2. The Space Provider further consents that activities consented to in the preceding paragraph (A) shall also be applicable on promotional call(s), message(s) and email(s) made by any employee or agent of “Profrea Solutions Private Limited”.
• EXPLICT DON’TS:
1. Space Provider shall not contact the proposed Space User, except in presence of official of “Profrea Solutions Private Limited” before the execution of Space License Agreement.
2. Space Provider shall not enter into an arrangement or agreement with the proposed Space User without the prior knowledge of “Profrea Solutions Private Limited”.
• SERVICE FEE and PAYMENT:

Fifteen days license fee of aggregate Space License Fee shall be payable by Space Provider to the “Profrea Solutions Private Limited” as service fee. The “Profrea Solutions Private Limited” shall receive one month’s aggregate Space License Fee from the Space User and at the time of execution of Space License Agreement the “Profrea Solutions Private Limited” shall transfer fifteen days license fee of aggregate Space License Fee to the Space Provider after deducting the fifteen days license fee of aggregate Space License Fee as Service Fee.

TERMS OF USE FOR SPACE USER:

• PRELIMINARY INFORMATION:

The Space User shall provide true and correct information about himself/herself/itself at the time of registering as Space User with “Profrea Solutions Private Limited” on www.profrea.com and shall also provide the additional information as demanded by “Profrea Solutions Private Limited” or Space Provider at the time of registering or later on.

• PRE-QUALIFICATION:

The Space User should qualify the pre-qualification of the licensing of Workspace as listed by Space Provider and further the Space User shall give an undertaking to this effect to the Space Provider.

• SPACE LICENSE AGREEMENT:

The Space User shall execute a Space License Agreement with the Space Provider defining the terms and conditions of use of Workspace and terms of license of the Space User for usage of Workspace.

• SPACE LICENSE FEE and SECURITY DEPOSIT:

The Space License Fee shall be payable by the Space User to the Space Provider as per the terms mutually decided between Space Provider and Space User and the same shall be explicitly mentioned in Space License Agreement. Further a refundable and interest free security deposit shall be payable by the Space User to the Space Provider as mutually decided between Space Provider and Space User and the same shall also be explicitly mentioned in Space License Agreement. The amount of Space License Fee and Security Deposit shall be mutually decided by the Space Provider and Space User and the same shall also be explicitly mentioned in Space License Agreement.

• UTILITIES and PAYMENT:

The Space User shall at the time of booking Workspace Slot from a Workspace listed by Space Provider shall also select the free and paid utilities availed by the Space User. Further, the Space License Agreement shall explicitly mention the charges of paid utilities provided by the Space Provider with the Workspace. A monthly fee bill may be issued by the Space Provider regarding usage of paid utilities by the Space User and the Space User shall be liable to make payment of the said fee bill of paid utilities to the Space Provider in time as provided by the Space Provider for making such payment.

• OCCUPATION and USAGE OF WORKSPACE:

The Space User shall occupy and use the workspace as per the Space License Agreement executed between Space Provider and Space User. The Space User shall only occupy and use the workspace only for the Workspace Slot licensed by the Space User from the Space Provider. However, fifteen (15) minutes buffer time may be provided before or after the selected workspace slot for special circumstances. The usage of Workspace beyond the buffer time shall be chargeable at three times the usual licence fee for the maximum of three instances, however any further instances of using Workspace beyond the buffer time by the Space User shall render the Space License Agreement terminated and the Space License Fee shall be forfeited.

• WORKSPACE MANAGER:

The Workspace Manager shall act as a representative/agent of the Space Provider during the time Workspace is occupied and used by Space User and client(s)/customer(s) of the Space User. The Space User may avail the services of the Workspace Manager as a receptionist for the Space User during the Workspace Slot availed by the Space User and in such circumstance the Space User shall be liable to remunerate Workspace Manager accordingly. Workspace Manager shall be the connecting factor between Space Provider and Space User. The complete details and responsibilities of Workspace Manager shall be enumerated in Space License Agreement.

• COMMUNICATIONS and PROMOTIONS:
1. The Space User consents that “Profrea Solutions Private Limited” or any employee or agent of “Profrea Solutions Private Limited” may send emails, messages, etc. upon the email-id(s) and phone number(s) provided by the Space User for communication purpose. The Space User also consents that “Profrea Solutions Private Limited” or any employee or agent of “Profrea Solutions Private Limited” may call upon the phone number(s) provided by the Space User for communication purpose.
2. The Space User further consents that activities consented to in the preceding paragraph (A) shall also be applicable on promotional call(s), message(s) and email(s) made by any employee or agent of “Profrea Solutions Private Limited”.
• EXPLICT DON’TS:
1. Space User shall not contact the Space Provider, except in presence of official of “Profrea Solutions Private Limited” before the execution of Space License Agreement.
2. Space User shall not get into an arrangement or agreement with the Space Provider without the prior knowledge of “Profrea Solutions Private Limited”.
• BOOKING and PAYMENT:

A Workspace Slot of any Workspace shall be booked by the Space User by making payment of one month aggregate of total Space License Fee to the “Profrea Solutions Private Limited”. The payment of remaining Space License Fee and Security Deposit shall be mutually decided between the Space Provider and Space User and the same shall be explicitly mentioned in Space License Agreement.

FUNCTIONING:

• Space Provider, after reading, understanding, agreeing and accepting the present terms and conditions, provides information about himself/herself/itself and also about the workspace proposed to be listed on www.profrea.com on licence basis and the Space Provider further requests “Profrea Solutions Private Limited” and www.profrea.com to list the workspace on www.profrea.com, to be occupied and used by Space User on license basis.
• Space Provider may request “Profrea Solutions Private Limited” and www.profrea.com for Profrea Verified Tick and thereafter a team of “Profrea Solutions Private Limited”, after charging service fee from Space Provider, will conduct a preliminary enquiry about the title of the Space Provider in the workspace and thereafter “Profrea Solutions Private Limited” may grant Profrea Verified Tick to the workspace.
• Space User, after reading, understanding and agreeing to the present terms and conditions, provides information about himself/herself/itself and also about the type of requirement of workspace which is proposed to be licensed by Space User.
• The website i.e. www.profrea.com thereafter lists the workspaces as per the requirements filled by the Space User.
• The Space User selects a workspace as per his/her/its desire and thereafter requests the www.profrea.com for licensing the said selected workspace from Space Provider.
• The Space User may request for a site visit of the selected workspace, however the said visit would attract a service fee to be paid by Space User before the site visit.
• The Space User should fulfil the pre-qualifications of the Space Provider for licensing Workspace.
• The Space User shall book the Workspace after making payment of one month aggregate Space License Fee to “Profrea Solutions Private Limited”. The same shall be known as booking amount. The booking amount is refundable in case the Space License Agreement is not executed between Space Provider and Space User.
• The booking of Workspace Slot in the Workspace listed by the Space Provider shall be intimated to the Space Provider by “Profrea Solutions Private Limited” and the Space Provider shall be requested to execute Space License Agreement with Space User as per terms and conditions mutually decided between Space Provider and Space User.
• The Space User shall pay the Security Deposit to the Space Provider at the time of execution of Space License Agreement. “Profrea Solutions Private Limited” will pay fifteen(15) days aggregate Space License Fee from the one month aggregate Space License Fee received from the Space User at the time of booking. The fifteen(15) days aggregate Space License Fee shall remain with “Profrea Solutions Private Limited” as Service Fee for the services availed by the Service Provider for licensing Workspace Slot to Space User.
• The Space User thereafter shall pay monthly Space License Fee fifteen(15) days after commencement of Space License Agreement.
• The “Profrea Solutions Private Limited” may help the Space User and Space Provider on different incidents during the process of listing, booking and licensing Workspace on the request of Space Provider or Space User and the “Profrea Solutions Private Limited” shall charge service fee as per work. The Space Provider or the Space User shall be liable to such fee for the services provided by “Profrea Solutions Private Limited”.

ROLE OF INTERMEDIARY:

During the whole process of licensing between Space Provider and Space User, the “Profrea Solutions Private Limited” the owner of www.profrea.com or the www.profrea.com plays the role of intermediary.

The terms and conditions of the license of Workspace between Space Provider and the Space User are pre-decided between Space Provider and Space User and the “Profrea Solutions Private Limited” or the www.profrea.com or any of their employee or agent has no role to play in it.

Execution of the Space License Agreement establishes an agreement for licensing workspace directly between the Space User and the Space Provider and the “Profrea Solutions Private Limited” or the www.profrea.com is not a party to the said agreement of licensing workspace.

“Profrea Solutions Private Limited” or the www.profrea.com is not a party to any agreement, let alone Space License Agreement, between the Space Provider and Space User, and the “Profrea Solutions Private Limited” or the www.profrea.com disclaims all liability arising from or related to such agreement(s) between the Space Provider and Space User.

The “Profrea Solutions Private Limited” or the www.profrea.com does not act as an insurer for the workspace, furniture, equipments, etc. provided by the Space Provider to the Space User. Any dispute arising out of any transaction, communications and interactions between the Space Provider and the Space User shall be dealt directly by them against each other. The “Profrea Solutions Private Limited” or the www.profrea.com is under no obligation to become involved in disputes between Space Provider and Space User.

“Profrea Solutions Private Limited” or www.profrea.com does not involve into day to day operations of Space Provider and Space User and is only a marketplace for workspaces. Hence is no way the “Profrea Solutions Private Limited” or the www.profrea.com or any of its their employee or agent shall ever become liable for the conducts of Space Provider and Space User during the subsistence of Space License Agreement or otherwise.

No joint venture, partnership, employment, or agency relationship exists between Space Provider and “Profrea Solutions Private Limited” or the www.profrea.com as a result of acceptance or non-acceptance of herein mentioned terms and conditions by Space Provider.

LICENSE:

• Both the Space Provider and the Space User agree that this Space License Agreement does not constitute a lease or sublease, but is only a license to occupy and use the workspace by the Space User as per Space Licence Agreement during the Workspace Slot licensed by the Space User from the Space Provider. The Space User shall not make any claim of tenancy in respect of the workspace. The Space User further acknowledges that his/her/its license is non-transferrable.
• The Space User agree that the Space User shall have no right of possession of the workspace and shall only have a limited right to occupy and use the workspace for his/her/its professional or business purpose as per the terms and conditions of the Space License Agreement and subject to timely payment of license fees and utilities, if applicable.
• The license period of the workspace will be as mentioned in the Space License Agreement.

SERVICE FEE:

• “Profrea Solutions Private Limited” or the www.profrea.com shall charge fee from Space Provider and Space User in consideration for the use of the “Profrea” Platform and other related activities by Space Provider and Space User. Such chargeable service fee shall be intimated in prior to the Space Provider or the Space User, as the case may be. Any tax applicable on such service fee shall be exclusive of such service fee charged from the Space Provider or Space User and the Space Provider or the Space User shall be liable to pay such tax as well. Such service fee is subject to change with time for the Space Provider and the Space User.
• The Space Provider or the Space User shall be liable to pay such service fee as demanded by “Profrea Solutions Private Limited” or the www.profrea.com within specified time. Any delay in payment of service fee will attract late payment charges and may result in termination of agreement with the Space Provider or the Space User, as the case may be. Service Fee is non-refundable.

PENALITES ON BREACH:

The Space Provider and the Space User consent, agree and accept that on occurrence of the following events by the commissions or omissions of any one of them individually or both of them jointly, it shall constitute as a breach of present terms and conditions and shall attract penalties on account of damages caused to “Profrea Solutions Private Limited” by such occurrence of events and shall further lead to termination of present agreement between “Profrea Solutions Private Limited” and Space Provider or Space User or both:

1. Space Provider breaches terms of use of Space Provider as mentioned clause 4 of present terms and conditions.
2. Space User breaches terms of use of Space User as mentioned clause 5 of present terms and conditions.
3. Space Provider or Space User breaches any other terms and conditions as mentioned herein.
4. Space Provider or Space User acts against any provision of law.

In occurrence of any of these events, the Space Provider or Space User or both, as the case may be, shall be liable to pay Rs. 1 Lac to “Profrea Solutions Private Limited” on account of damages caused to “Profrea Solutions Private Limited”.

LIMITATION OF LIABILITY:

You agree and accept that in no event “Profrea Solutions Private Limited” or www.profrea.com shall be liable to any party for any type of damage or loss incurred by any party arising out of usage of www.profrea.com or third-party website linked herewith.

INDEMNIFICATION:

You agree to indemnify “Profrea Solutions Private Limited” or www.profrea.com from any third party claim, action, demand, loss or damage arising out of or relating to your use of www.profrea.com or your violation of present terms and conditions.

INTELLECTUAL PROPERTY:

All the content on the www.profrea.com shall be intellectual property of “Profrea Solutions Private Limited”, Space Provider or Space User shall not claim any right or interest on such intellectual property.

However, the photos of workspaces uploaded by Space Provider on www.profrea.com shall remain the property of Space Provider, but the Space Provider consents that the said photos of Workspace(s) may be used by “Profrea Solutions Private Limited” for purposes like soliciting.

COMMUNICATIONS:

• The registered email address of “Profrea Solutions Private Limited” and www.profrea.com for communications with Space Provider and Space User shall be info@profrea.com.
• All the communications by “Profrea Solutions Private Limited” or the www.profrea.com with the Space Provider and the Space User shall be through registered email-id as provided by Space Provider and Space User.
• Space Provider and Space User consents that all the communications to “Profrea Solutions Private Limited” and www.profrea.com shall be done through registered email address i.e. info@profrea.com

AMENDMENTS & CHANGES:

• The Terms and Conditions mentioned herein is subject to amendments from time to time with prior intimation to the Space Provider and the Space User through their registered email-id.
• The Space Provider and the Space User consents to acceptance of such changes and in event of the Space Provider or the Space User withdrawing such consent, the Space Provider or the Space User shall immediately cease to use the services of “Profrea Solutions Private Limited” and www.profrea.com and its allied services.

ARBITRATION:

Space Provider and Space User consents to referring any dispute arising out of use of www.profrea.com or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of herein mentioned terms and conditions shall be refereed to a Sole Arbitrator

JURISDICTION:

Space Provider and Space User consents that the present terms and conditions shall be governed by Indian Law and courts at Gurugram, India alone shall have the exclusive jurisdiction in all matters relating to “Profrea Solutions Private Limited” and www.profrea.com and the present terms and conditions, irrespective of the territory and jurisdiction of access of www.profrea.com or use of other services of “Profrea Solutions Private Limited” by the Space Provider or the Space User.

TERMINATION:

The termination of present agreement shall occur as per provisions of clause 10 or as per the method listed below:-

• Space Provider may cease to use the services of the “Profrea Solutions Private Limited” or the www.profrea.com at any given time but with prior written intimation of 15 days to “Profrea Solutions Private Limited” at registered email address of “Profrea Solutions Private Limited”, provided no ongoing space license agreement is in existence with any of the Space User and all the payment of service fee, if pending, is cleared by the Space Provider along with late charges and interest, if applicable.
• Space User may cease to use the services of the “Profrea Solutions Private Limited” or the www.profrea.com at any given time but with prior written intimation of 30 days to “Profrea Solutions Private Limited” at registered email address of “Profrea Solutions Private Limited”, provided the Space User has paid the complete licence fee of the space license agreement to the Space Provider in case of any ongoing space license agreement and all the payment of service fee, if pending, is cleared by the Space User along with late charges and interest, if applicable.
• The “Profrea Solutions Private Limited” or the www.profrea.com may at any time delist workspace of any Space Provider after written intimation to Space Provider at registered email address of Space Provider, if the Space Provider is in violation of terms and conditions mentioned herein or otherwise.
• The “Profrea Solutions Private Limited” or the www.profrea.com may at any time block any Space User from further using the services of “Profrea Solutions Private Limited” and www.profrea.com after written intimation to Space User at registered email address of Space User, if the Space User is in violation of terms and conditions mentioned herein or otherwise.

DISCLAIMER:

The content on www.profrea.com is displayed on “as is where is basis” and without any representation or warranty of any kind, either express or implied. You agree that you have investigated about the www.profrea.com and “Profrea Solutions Private Limited” and also the party you are contacting with through Space License Agreement and you are not replying upon any statement of law or fact made by “Profrea Solutions Private Limited” or any of its employees or agents. It is further expressly disclaimed that any listing or offering on www.profrea.com does not constitute any endorsement or recommendation.