xNomad's general terms and conditions ("General Terms"), together with the other terms and conditions contained on xNomad's website ("Website") and any other terms and conditions that xNomad may provide separately to a User, describe the terms and conditions applicable to the use of xNomad's Website and the use of xNomad's services. Please refer to the section below entitled Advertising Rules with regard to the content and the detailed design and categorisation of advertisements.
By visiting the xNomad website, you agree to the following terms and conditions and that you have read, understood and accepted the General Terms and Conditions and agree to abide by them. If you do not accept the terms and conditions, you should not use the website and refrain from downloading any information or material from it. The General Terms and Conditions apply to all visitors, users and others who use the service.
We recommend that you print a copy of the General Terms and Conditions for future reference.
These General Terms and Conditions are entered into in English and are effective from 01 March 2018.
xNomad may amend these Terms and Conditions and will post the amended Terms and Conditions on the Website. The amended Terms and Conditions will be effective for new users from the date they are posted on the Site. Existing users will be bound by the amended Terms 30 days after publication on the Site.
To contract for xNomad's services, you must be at least 18 years old. xNomad's services are not provided to companies/individuals who have previously violated the General Terms and Conditions, terms and conditions previously provided by xNomad and/or laws and regulations. By registering a company as a user, you certify that you have the authority to subscribe/bind the company in accordance with these Terms and Conditions.
xNomad is a virtual marketplace for the rental of vacant premises, spaces and places. xNomad does not act as a real estate broker, is not a property owner or property manager. xNomad is not a retailer, decorator, landlord, subletting agent, administering or inspecting properties/premises. xNomad offers a technical platform to facilitate the flow of payment and rental of premises, spaces and the like between landlord and tenant.
Intellectual property rights
All material on the Website, including the layout of the Website, is protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise indicated, all material on the Site is the exclusive property of xNomad.
You may print individual pages from xNomad's website but you may not otherwise copy, reproduce, publish, upload, post or distribute any material or information on the Website without xNomad's prior written permission.
You may make a moving link to the home page of the Site, i.e. a link that "moves" the reader completely to the Site in the same or new window, as long as these are full windows. However, you may not index the content of the Site and, based on this, automatically generate links on your own home page. Nor may you link the Site's material into a frame system or pop-up window. You should always bear in mind that there may be others than xNomad who have rights to the material on the Website and these must also give their permission.
Any unauthorised use will result in liability for compensation. Anyone who deliberately or through gross negligence breaks the law may be fined or imprisoned for up to two years and ordered to pay damages.
Advertised Content means any content that a user of the Site service creates and/or posts on the Site, such as images, videos and advertisements ("Advertised Content").
You warrant that you own the necessary rights to the Advertised Content, either through your own creation of the Advertised Content (whether it is, for example, an image, a film or an advertisement text), or that all contributors have given you permission to use the Advertised Content on the Website in accordance with the General Terms and Conditions.
You warrant that the Advertised Content does not contain any copyrighted material, such as copyrighted music, film clips or other copyrighted material that you have not obtained permission to use in the Advertised Material, nor any third party logo.
You warrant that you have ensured that the persons who can be identified in the Advertised Content (e.g. in an image or a film or by name only) are aware of how the material will be used and that they have expressly agreed to appear in the Advertised Content and that xNomad may also use the Advertised Content for marketing purposes.
By posting Advertised Content, you grant xNomad an unrestricted right to freely dispose of the Advertised Content, for example by processing, formatting, storing or copying it and making it available to the public regardless of the media channel, and to further grant these rights to any partners. xNomad may also use the Advertised Content for marketing purposes. xNomad's rights remain even after an advertisement has been deleted.
You hereby waive all claims for compensation from xNomad for xNomad's use of the Advertised Content.
You warrant that you have not made use of direct links to active webcams (live cams) or of footage from security or surveillance cameras.
According to the Marketing Act (2008:486), all marketing must comply with good marketing practice. If a company breaks the rules, the Market Court can prohibit this and if it continues, the company can be ordered to pay a penalty payment (a kind of fine).
It is expressly forbidden to send advertising by e-mail or SMS to natural persons unless they have given their prior consent.
xNomad does not guarantee continuous, uninterrupted or secure access to its service. The operation of the Website may be interfered with by a number of factors beyond xNomad's control and xNomad makes no warranties regarding the operation or availability of the Website. xNomad shall not be liable for any damages caused directly or indirectly by the use of the Website and its content. In the event of technical faults, no compensation will be paid.
The website is mainly an advertising space. The Site is thus a forum that allows users to advertise premises, places and spaces. xNomad has no control over or involvement in the transaction between a tenant and a landlord. You should not assume that an offer of a property is valid and legal simply because it appears on the Website. xNomad is not responsible for the advertised property.
It is the responsibility of the tenant to ensure that the landlord is the owner of the premises and/or has the right to sublet it.
xNomad is not responsible for any damage caused by missing or delayed replies to advertisements or by incorrect information in the advertisement text.
You as a user undertake to indemnify xNomad in the event that any third party makes a claim for compensation on account of the Advertised Content or on account of the fact that you as a user have otherwise acted in breach of these General Terms and Conditions or in breach of applicable law or the rights of third parties.
xNomad collects and uses a small amount of data to deliver and maintain a simple, efficient and secure rental and letting website and related services.
The data we collect when you use our service as a tenant is:
- Name and/or company name
- Company or business number 2.
- E-mail address
- IP address
The information we collect when you use our service as a hirer is:
- Name and/or company name
- Company number or social security number
- E-mail address
- IP address
- Telephone number
The information you provide in ads and forms.
In order to make your advertising as effective as possible and to provide you with as many potential tenants as possible, the information may be shared with partners, for example if you choose to use services offered in cooperation with our partners.
The information may also be used to send you customized information and offers about xNomad-related services. You can always opt out of receiving email offers from xNomad via your xNomad account, or via the mailing.
When you place an advertisement, use a service, contact our customer service or email the advertiser, you consent to xNomad using, storing and disclosing your personal data to others such as the advertiser, partners, or to competent authorities such as the Police, the Tax Agency, etc.
If you do not agree with our personal data processing or our other terms and conditions, we ask you to refrain from advertising and not to use our services.
All collected information is protected by technical means and we have security procedures and systems linked to our service to prevent unauthorised access and use of data. Our partners are committed to handling the information in accordance with our security and confidentiality requirements.
The controller is Nomadic Retail AB, registered office: Stockholm. By writing to xNomad at the address: xNomad AB, Kungsgatan 6, 111 43 Stockholm and stating the information you have used for registration or correspondence, you can, free of charge, once a year, find out what information xNomad has registered about you and how this information is used. You may at any time request in writing that information about you be corrected or deleted if it is inaccurate.
Rules of payment
All rents are charged and must be paid in advance. If payment is not received by xNomad before the start of the rental period, the tenant will not have access to the premises until full payment has been received. Payment shall be made to xNomad's Bankgiro account and against invoice.
Right of Withdrawal
You are aware that by accessing or starting to use the services available on the Website, there is no right of withdrawal.
xNomad AB, xNomad AB, Kungsgatan 6, 111 43
Applicable law and dispute resolution
Swedish law shall apply to these General Terms and Conditions and disputes shall be resolved in Swedish courts.
Rules for advertising
xNomad ads are for businesses.
An advertisement is placed until you decide to remove it.
xNomad does not claim that the information provided below is complete or exhaustive with respect to what may be considered illegal or improper and therefore may not appear on the Site. The information in these respects is therefore merely illustrative. As a user, you are responsible for ensuring that the Information you include in advertisements does not violate any applicable laws or regulations. You as a user are personally responsible for your advertisement.
xNomad reserves the right to review all advertisements, to refuse or remove any advertisement on the grounds that it violates the General Terms and Conditions, third party copyright, other legal regulation or xNomad's principles and spirit.
Not pure advertising: it is only allowed to advertise rentals. The text of the advertisement should be used to describe the specific item offered in the advertisement and not to advertise any other good, product or service.
Description: the ad title must describe the item, no links are allowed. The item must be described in the ad text, it is not allowed to just link to another page. Ad text may not be copied from other ads that are not your own, these may be protected by copyright and/or other laws and are xNomad's property as stated above.
No duplicates: it is not allowed to post ads about the same item more than once at the same time.
Categorisation: the advert should be placed in the category that best describes your item (the advert may be moved to the correct category when reviewed).
Apartment rental: When advertising private accommodation, the advertiser must certify that no advance rent or deposit will be charged before the apartment is shown and a contract is signed. xNomad reserves the right to refuse any advertisement where it is found that the certification has not been complied with.
Offensive and insulting content: Advertisements that may be offensive or insulting to ethnic groups and/or individuals will not be accepted. Certain archaic terms for ethnic groups may be considered offensive and must not be used. Images and videos of an offensive nature are not allowed.
Third-party information: when you post your ad, certain additional information may be displayed in connection with your ad. Such additional information is displayed automatically and is based on the information that you, the user/advertiser, enter, for example, certain map information may appear based on zip code and certain vehicle information may appear based on license plate number. This additional information is retrieved from external systems provided by third parties and xNomad assumes no responsibility for any inaccuracies. As an advertiser, you must verify the accuracy of this information. Please let xNomad know if anything is incorrect.
Images and videos: Images and videos must be relevant to the product or service you are advertising.
Regarding images and other content in advertisements, see also above in these General Terms and Conditions under the heading Advertised Content. Advertised content is transferred to xNomad whereby full ownership rights are vested in xNomad.
Logos: It is not permitted to use another person's logo in an advertisement (regardless of whether the logo is part of an image or film).
As a tenant, you must hold a business insurance policy covering any damage or accident that may occur in and on the premises as well as for third parties who may be injured from anything arising from the premises during the period of the tenancy. It is also your responsibility to ensure that the landlord has the right to let the property.
If you sublet spaces, you must have the consent of the property owner and the parties concerned.
The rent is paid by the tenant directly to the landlord against an invoice. The full amount must be received by the landlord before the start of the rental period, otherwise access to the premises will not be granted. The rent will be transferred to the landlord after the tenant has taken possession of the premises, in order to ensure that the tenant has been given access to the premises as promised and that the promised agreements are in place.
When you rent a shop from or through xNomad, you must have taken out business insurance, in addition to your own business insurance and the property owner's insurance, xNomad has an insurance policy.
xNomad's insurance exists to help cover costs not covered by the property owner's property insurance or the tenant's business insurance. The insurance can also be used to help pay all or part of the deductible for the property owner's property insurance or the tenant's business insurance. The insurance can never amount to more than 2 % of the rent agreed in the contract/agreement. The tenant and the property owner must have made use of xNomad's agreement in order to be entitled to use the insurance.
Renting of accommodation
When you rent out your small house, owner-occupied flat, condominium or rental property with a surplus, you must declare the surplus as income from capital. The tax rate is 30%.
The surplus is calculated in different ways depending on the type of property you rent out. You can make a standard deduction regardless of the type of property. The flat-rate deduction is SEK 40 000 per dwelling per year, regardless of how many people own the dwelling. If you both rent out and sell products from the private dwelling in the same year, you make the standard deduction from the total income. The flat-rate deduction has been increased in recent years.
DEFAULT POPUP TENANCY AGREEMENT
xNomad.co is owned and operated by Nomadic Retail AB. Here after referred to as xNomad. xNomad is an online marketplace facilitating short-term commercial rentals between Space Owners termed Landlords and Tenants. The commercial spaces available on our website are not operated by xNomad. xNomad only acts as an intermediary. The site allows users to connect, agree on applicable terms and then enter into a comprehensive, legally-binding agreement tailored to users’ particular needs.
The terms and conditions laid out below set out the use of our Services and Space-Sharing Agreements facilitated by the Services. Your use and access of the Services and Content signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms herein referenced.
The Landlord lets to the Tenant, under the terms stated by the lease, Tenancy consisting of 1 xNomad, ("Rental object")
The Tenant shall use the Rental object for retail purposes. The Tenant may also use storage room, lighting, heating & bathroom as per individual object availability.
The Rental object is rented out furnished. Tenant and Landlord agree that when moving in the Rental object will include some amenities.
When moving out the Tenant shall return all keys to the Landlord. The Landlord may keep a copy of the keys during the rental period.
The Tenant is renting as is.
The rental period is from the dates as per the booking calendar. Additional time will be exclusively requested and booked through xNomad marketplace as available.
Rent and security deposit
The rent is agreed on booking.
The rent includes: water, heating. Electricity, WiFi and other auxiliary services may be additional charges as noted in the individual object.
Before moving in the Landlord shall ensure and bear the cost of a final cleaning.
Before moving out the Tenant shall ensure and bear the cost of a final cleaning.
The Landlord assigns all claims (i.e rent payments) on the Tenant emerged by this lease.
Maintenance and care
The Tenant undertakes to keep the Rental object and its property well maintained during the rental period.
The Tenant undertakes to only use the Rental object in a way that does not disturb the people who live or operate in the surrounding area to a point that impairs their working or living environment in an intolerable way.
The Tenant undertakes to while using the Rental object also be aware of everything required to maintain its wellbeing, order and condition within the property. Therefore the Tenant undertakes to follow all rules regarding the property and follow instructions regarding stairwell cleaning, gardening, garbage disposal etc. The Tenant also undertakes to keep the Rental object well maintained.
The Tenant may not without the Landlord's written consent to make changes in the Rental object or install devices that can't be easily restored when moving out.
When moving in the Landlord shall make sure that the Rental object is in an acceptable condition. When moving out the Tenant shall make sure that the Rental object is in an acceptable condition.
The validity of the lease presumes that the Landlord has the consent of its landlord/estate owner/housing society or that the rent tribunal communicates consent of a sublet.
The Tenant may not assign its rights or obligations according to this lease without the Landlord's written consent prior to the assignation
If a damage or defect occurs that needs to be taken care of immediately to prevent serious consequences, the Tenant is obligated to tell the Landlord right away. The Landlord should be notified of other damage or defect without excessive delay. If the Tenant neglects to notify the Landlord as said above, the Tenant will be held liable for any damage caused by the negligence. This also applies to the case of pests in the Rental object.
The lease expires at the end of the rental period. The tenant must vacate without notice.
Individual properties may have additional terms and will be stated by email.
By using xNomad Services you agree and understand that Nomadic Retial is not a party to any license, lease or similar Space-Sharing Agreements entered between Members (Landlords and Tenants). Nomadic Retail disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.
Nomadic Retail has no control over the conduct of Members and other users of its service and disclaims all liability in this regard to the maximum extent permitted by Law.
Nomadic Retail reserves the right, at our sole discretion, to change these Terms of service and applicable conditions at any time. Members are advised to review these Terms on a regular basis to keep informed of any changes.
xNomad strongly recommends that for all bookings made on its site, Space Owners and Occupants sign a license or lease to structure the terms of their space-sharing agreement. However, should the parties to a Space-sharing Agreement made through xNomad fail to draft and sign a written agreement prior to Move-In, but without either party expressing an intention to cancel the agreement, the terms of the following Default Commercial Space License Agreement shall govern the transaction.