Ericeira and Mafra Hubs

Approved at the City Council Meeting of April 22, 2022

Article 1

(Framework)

1. The Business Factory is an initiative of the Municipality of Mafra to boost the local business fabric, embodied in a Business Incubator, managed by the Municipal Council, also designated as the Managing Entity.

2. The Municipal Council of Mafra may delegate the responsibility for boosting the Incubator to an external entity, designated as the Promoting Entity.

Article 2

(Scope)

These rules establish the operating rules and access procedures for the Business Incubator of the Municipality of Mafra – Business Factory - Ericeira and Mafra Hubs, hereinafter referred to as the Incubator. 

Article 3

(Location)

The Incubator has two locations, the first in Ericeira and the second in Mafra, located respectively at Rua Prudêncio Franco da Trindade, No. 4, in Ericeira, and Avenida 1º de Maio, No. 1, in Mafra, Portugal.

Article 4

(Objectives)

The Business Factory's main objectives are:

1. To support entrepreneurs in the process of developing innovative business ideas with growth potential and, preferably, a global character, with a view to their implementation in the market;

2. To support companies or businesses already established, preferably up to 5 years in the market, with an innovative business model and that intend to implement growth strategies in the market;

3. To contribute to the development of an entrepreneurial ecosystem in the Municipality of Mafra;

4. To contribute to the economic development of the municipality of Mafra in particular and the region as a whole;

5. To contribute to the recognition of the Municipality of Mafra as an innovative, dynamic, and value-generating municipality.

Article 5

(Physical Characterization of the Business Factory)

1. The Business Factory, in its two locations - Ericeira and Mafra - has workspaces of different types and uses for the installation of incubated projects.

2. It also has the following common spaces:

a) Reception, with in-person and telephone service;

b) Meeting rooms, whose use is by prior appointment and according to their availability;

c) Multipurpose room, subject to prior appointment for training and various events, provided they are authorized by the Managing Entity;

d) Shared kitchen; 

e) Multifunctional lounge;

f) Sanitary facilities and common circulation areas. 

3. The Incubator's facilities are intended for the use and execution of administrative and service activities. Any use outside this scope that would overload the floor or electrical power beyond the usual parameters for the activity is subject to prior and express authorization from the Management Entity.

Article 6

(Recipients)

1. The Incubator is intended for individuals aged 18 or older, or legal entities established less than 5 years ago, who wish to develop innovative ideas, projects, or businesses that add value to local entrepreneurship.

2. Preference is given to residents or companies already based in the municipality of Mafra.

3. Within the framework of the municipality's strategic development pillars, the aim is to preferentially incubate projects that fall within the following areas: Maritime Economy, Tourism and Technology, in the Ericeira hub, and Agri-food, Tourism and Technology in the Mafra hub. Sustainability is a cross-cutting pillar connecting the two areas.

Article 7

(Incubation Model)

1. The Business Factory incubation model is based on seven main areas of focus:

a) Personalized monitoring of the progress of incubated projects by the Facilitating Entity, through periodic meetings to assess the status of each project, identify the main difficulties and opportunities for improvement;

b) Access to a network of mentors and experts to support the development of incubated businesses;

c) Access to a network of partners and benefits;

d) Access to training, seminars, conferences, Q&A sessions and other events organized by the Facilitating Entity or third-party entities to support projects in critical business areas;

e) Access to investors and funders;

f) Access to a diverse and supportive community of entrepreneurs;

g) Support for the promotion of projects, through the referencing of their respective products and services on the Incubator's website and social media.

2. The Business Factory incubation model can be implemented in two formats: physical and virtual incubation.

3. Physical incubation differs from virtual incubation only in the existence of physical workspace within the Incubator; however, the same assumptions, rights, and duties apply to both.

4. Incubation also allows access to a set of support services, such as: access to a telephone network for national numbers, with one telephone per room; internet access; mail reception; use of meeting rooms, training rooms, and various events by prior appointment; access to an on-site photocopier/printer through a card/code available for each company or project installed, with the free allocation of a monthly allowance as per Annex II to these regulations (Anexo II); electricity, water, and cleaning; parking, without reserved spaces, until full capacity, up to a maximum of one parking space per incubation contract signed, this last support being applicable only to companies or projects with physical incubation.

Article 8

(Opening Hours)

1. The Business Factory operates on weekdays, between 9:00 AM and 1:00 PM and 2:00 PM and 6:00 PM.

2. Without prejudice to the provisions of the following paragraph, in order to allow access to the space outside of opening hours, upon signing the physical incubation and coworking contract, a set of keys and an alarm code for access to the facilities will be provided, upon payment of the respective deposit.

3. Access to the hubs outside of opening hours is restricted, and entry is only permitted to entrepreneurs physically incubated there or with a coworking contract, except in exceptional situations, particularly during events or initiatives.

4. Entrepreneurs are responsible for the safekeeping and proper use of the keys and alarm code, which they may not give to third parties, and their return is mandatory upon termination of the physical incubation or coworking contract. 

5. The Managing or Facilitating Entity reserves the right to prevent access to or presence in the facilities to anyone who disrupts their normal functioning, particularly by refusing to comply with these rules or who, in particular, offend or cause disturbances.

Article 9

(Term of stay)

1. The incubation contract (physical or virtual) has a minimum duration of three months, renewable upon fulfillment of the obligations of the incubatees as set out in Article 12.

2. Regardless of the renewals provided for in the preceding paragraph, the incubation contract (physical or virtual) may never exceed a maximum term of three years.

Article 10

(Incubation Application Procedure)

1. The incubation application procedure begins with the completion of the form in accordance with Annex I (Anexo I) to these rules, available on the Business Factory website – www.businessfactory.pt.

2. In order to guarantee the existence of essential information for the analysis of applications and, simultaneously, to assess the commitment of candidates to access incubation, the form referred to in the previous paragraph will have mandatory fields, capable of allowing the collection of the maximum amount of essential information about the project and its entrepreneurs.

3. Applications may be submitted at any time, except when the Incubator has 80% occupancy of its total capacity, in which case, by decision of the Management Entity, the phased opening of applications may be determined for periods of not less than 60 days, with priority given to applications for projects related to the strategic areas mentioned in nr. 3 of Article 6.

4. After receiving the application form, the Incubator will hold a meeting, either in person or remotely, with the candidates within a maximum period of 30 days, taking into account their availability whenever possible.

5. If the entrepreneur is not available for the date indicated for the meeting, they will be contacted to schedule the next session up to a maximum of 3 consecutive months, after which the applicant will have to submit a new application.

6. The objective of the meeting is to evaluate the application, through the assessment of the applicant's entrepreneurial profile and the suitability of the project (according to the selection form in Annex III - Anexo III), as well as to provide entrepreneurs with the opportunity to present their project, clarify any doubts and, at the same time, provide information that may be useful to the entrepreneurs.

7. The project will be analyzed according to the information collected in the form and the information provided at the meeting with the candidate, observing the following cumulative evaluation criteria: Project with an innovative product/service; Insertion in the strategic areas defined for each hub; Reasonableness and feasibility of the presented project; Implementation capacity of the promoting team; Contribution to greater competitiveness and innovation in the municipality of Mafra; Financial sustainability and growth potential;

8. In the project analysis, the following evaluation criteria will also be considered: Global character/scalability of the product/service; Creation of jobs in the Municipality of Mafra.

9. The decision regarding the admission of the application and the integration of the project into the Incubator will be communicated by email to the candidates within a maximum of ten working days after the interview.

Article 11

(Rights of incubated entrepreneurs)

The established entrepreneurs have the right to use and enjoy the services and spaces indicated in the incubation contract.

Article 12

(Duties of incubated entrepreneurs)

1. The entrepreneurs of the incubated projects are obliged to comply with the provisions contained in these rules, as well as those contained in the signed acceptance agreement.

2. Entrepreneurs are required to participate in follow-up meetings with the Facilitating Entity at least every three months, in order to analyze the project's current status, its main needs, and how these can be overcome.

3. Entrepreneurs must actively participate in initiatives and events organized by the Managing or Facilitating Entity and in actions to promote the Incubator.

4. In the case of physical incubation, entrepreneurs may only use the space provided exclusively for the installation of the incubated project, the development of their activity, and the fulfillment of their corporate purpose, being expressly prohibited from transferring their right of use to third parties or even subletting the space.

5. Entrepreneurs are responsible for maintaining the space, equipment, and furniture provided, as well as all common areas of the incubator and their respective equipment, in good condition and hygiene. 

6. Entrepreneurs of incubated projects must take out civil liability insurance to cover any personal and material damages caused to their employees or third parties, arising from the exercise of their activity or caused by their equipment.

7. Established entrepreneurs must maintain good relations with others, maintain discipline among their employees and clients, and make normal and appropriate use of common facilities, not hindering, totally or partially, their proper functioning, and comply with all operating rules and ensure compliance by their employees and guests.

Article 13

(Duties of the Managing Entity)

The Managing Entity undertakes to fully comply with the obligations arising from the signing of the incubation contract, as well as the provision of the services to be provided, identified in these rules.

Article 14

(Duties of the Promoting Entity)

The Promoting Entity undertakes to fully comply with the operating and management rules defined by the Managing Entity.

Article 15

(Other Services provided by Business Factory)

1. In addition to being primarily a business incubator, as provided for in the preceding articles, Business Factory also provides a range of services taking into account identified market needs and in order to meet the needs of entrepreneurs and companies, considering the different stages and levels of maturity of their businesses. 

2. The services provided by Business Factory are:

a) Coworking service, which consists of providing a workspace with up to 3 workstations per contract, and which includes a set of services, mail reception, use of printer/photocopier upon prepayment, use of meeting rooms with a monthly limit of 20 hours (with prior scheduling and subject to availability), access to parking, without reserved spaces, up to its capacity, up to a maximum of one parking space per contract. Preferably, coworking projects should develop an activity that falls within the priority areas of the Business Factory incubator indicated in point 3 of article 6 of these regulations. The coworking service is based on a contract with a minimum duration of 6 months, renewable successively up to a maximum of 3 years, and is intended for freelancers, small businesses and companies already established in the market.

b) Hot-desk service, which consists of providing a workstation in a coworking arrangement for a period of 3 months, renewable successively up to a maximum of 12 months.

c) Company affiliation service, for companies already established in the market that wish to benefit from the domiciliation of their registered office, mail reception, use of the printer/photocopier upon prepayment, and use of meeting rooms with a monthly limit of 10 hours (with prior scheduling and subject to availability). Local non-profit associations, legally constituted and headquartered in the Municipality and that develop activities for the economic and social development of the municipality, may also benefit from the affiliation service and occupy workspace, provided that the sum of the spaces occupied for this purpose in the Incubator does not exceed 10% of its maximum capacity.

3. Individuals or legal entities wishing to access the services listed in the previous paragraph must complete the form contained in Annex I (Anexo I) to these regulations. 

4. The Management Entity may also authorize the use of meeting and multipurpose rooms to third parties, subject to prior scheduling and settlement of the amounts due in accordance with the Table contained in Annex II (Anexo II) to these rules.

Article 16

(Contracting Process)

1. After the application is approved, an acceptance agreement will be signed between the Mafra Municipal Council and the promoters of the projects selected in the different modalities, which allows the use and enjoyment of the incubator's facilities, as well as access to the services provided therein, according to the type of service indicated, under the terms and conditions established in these regulations.

2. To sign the acceptance agreement, the applicant, as soon as they become aware of the favorable decision regarding their integration into the Business Factory, must, within a maximum period of ten working days, provide access to the following documents, under penalty of the respective contract not being concluded:

a) Citizen's card, applying, in the case of foreign citizens, the respective identification document, especially the passport;

b) Copy of the legal entity's identity card and presentation of the identity card of all its constituent members;

c) Copy of the articles of association or bylaws;

d) Certificate of registration from the Commercial Registry or indication of the online access code to the permanent certificate.

3. Along with the documents requested in points a) and c) of the previous paragraph, the candidate must declare the necessary consent for their reproduction for the purpose of drafting the contract (as per Annex IV - Anexo IV).

4. The documents requested in points b) to d) of nr.2 of this article only apply when dealing with already established companies.

5. In the case of the hot-desk service, only point a) of paragraph 2 of this article is applicable.

6. Upon signing the acceptance agreement, the entrepreneurs will pay, in addition to the monthly fee, an equal amount as a security deposit.

7. The amount paid as a security deposit will be returned at the end of the contract, if compliance with the obligations set forth in these rules is verified.

8. In the case of the hot-desk service, the use and enjoyment of the Incubator's facilities depends solely on the prior authorization of the Management Entity, without prejudice to the signing of the corresponding acceptance agreement, when justified.

Article 17

(Conditions of use of the facilities)

1. Without prejudice to the provisions of these rules, the use and enjoyment of the facilities and services provided by the Incubator depend on the prior signing of the acceptance agreement, which is non-transferable.

2. The installed entrepreneurs are responsible for the space assigned to them and for its proper maintenance.

3. The installed entrepreneurs and their collaborators shall ensure the efficient and proper use of common equipment and also the responsible use of other resources made available to them, such as electricity, internet network and telephone access.

4. The right to use the common areas and the contracted space is non-transferable and may only be exercised for purposes inherent to the exercise of the activities to be developed. 

5. Established entrepreneurs may not, under any circumstances, whether for consideration or free of charge, transfer, in whole or in part, the contracted spaces, under penalty of immediate termination of the contract and consequent loss of the right of access to the facilities in the Incubator.

6. In the event of temporary cessation of activity of the company or business, entrepreneurs must notify the Management Entity in writing of this circumstance, indicating the grounds and the expected duration of the interruption or suspension.

7. Established entrepreneurs may not introduce any alteration to the assigned spaces without prior authorization from the Management Entity.

8. Failure to comply with the preceding paragraph obliges the subject to restore, at their own expense, the facilities to their original form prior to the occurrence;

8. When using common areas, authorized users must ensure the maintenance and cleanliness of the areas used.

9. Smoking is prohibited in the Incubator facilities, in accordance with Law No. 37/2007, of August 14, as amended.

Article 18

(Charges and Payment Methods)

1. The amounts due for the use of the Incubator, in the different services available, are established in Annex II (Anexo II), and are subject to annual updates whenever deemed justified, upon approval by the Management Entity.

2. Payment of amounts due by the established entrepreneurs, within the scope of incubation, coworking or affiliation contracts, must be made monthly until the eighth day of each month, directly at the Municipal Council treasury or through an ATM.

3. In case of non-compliance with the provisions of the previous paragraph, a 50% surcharge will be applied to the amount owed.

4. In the case of the hot-desk service, payment is made before the start of use of the facilities, directly at the Municipal Council treasury or through an ATM.

5. The security deposit referred to in nr.6 of art. Article 16 shall be updated successively as the monthly fee is updated.

Article 19

(Situations of default)

Established entrepreneurs are considered in default when:

a) There is a violation of the provisions of these operating and access rules, and/or the clauses contained in the acceptance agreement;

b) There is a failure to pay any monthly fee to the Municipality as stipulated in the previous article, in the incubation contract (physical or virtual), and in the coworking or affiliation service agreement;

c) There is a systematic absence from the incubator of entrepreneurs incubated physically or in a coworking or affiliation arrangement, without just cause.

Article 20

(Consequences of non-compliance)

1. The occurrence of default by established entrepreneurs, as per the previous article, constitutes grounds for immediate termination of the incubation contract and the service agreement. 

2. The following are also grounds for immediate termination of the incubation contract and the service provision contract:

a) The improper and unprofitable use by the installed entrepreneurs of the resources and equipment provided by the management entity;

b) The insolvency of the company or the installed entrepreneurs;

c) The systematic absence from the Incubator by the entrepreneurs of the physically incubated projects or in a coworking arrangement, without just cause, after notification to that effect;

d) The systematic refusal of the entrepreneurs installed in the incubation arrangement to actively participate in events organized by the Management or Facilitating Entity, or by third parties, and the demonstration of little interest in the development of their own project or in the monitoring by the Facilitating Entity, with whom they should meet and collaborate;

e) The use of the space and facilities for purposes and activities other than those stipulated in the incubation or coworking contract;

f) The transfer, in whole or in part, free of charge or for consideration, by the established entrepreneurs, of the spaces contracted in the incubation or coworking agreement;

g) Alterations to the allocated spaces without prior authorization from the Management Entity.

Article 21

(Confidentiality)

The Managing Entity and the Facilitating Entity undertake to maintain confidentiality regarding the content of all information to which they have access within the scope of the incubation procedure, including intellectual property and industrial property, even after its termination, except to the extent strictly necessary for the execution of the incubator's mission and what is strictly necessary for the dissemination and promotion of the project and the Incubator.

Article 22

(Intellectual Property)

1. The industrial property and intellectual rights of the incubated ideas or projects belong to the entrepreneurs.

2. The entrepreneurs grant the Managing Entity and the Facilitating Entity permission to use non-confidential information in their promotional and marketing activities.

3. The Managing Entity and the Facilitating Entity are not responsible for any eventual violation of rights between promoters, candidates, entrepreneurs and/or other external members, specifically regarding intellectual property rights, misuse or plagiarism. 

Article 23

(Disclaimer of Liability)

The Managing Entity is not liable, under any circumstances, for the activity of the installed projects, including non-compliance with tax, labor, social security, commercial and financial obligations that constitute a responsibility of the incubated entrepreneurs, or those who are benefiting from coworking or affiliation services, before the State, public entities, suppliers, employees or any third parties.

Article 24

(Omitted Cases)

Cases not covered or doubts arising from the interpretation of these rules or the execution of incubation, coworking or affiliation contracts will be decided by order of the President of the Municipal Chamber or the Councillor with delegated competence.

Article 25

(Entry into Force and Production of Effects)

1. This regulation revokes the previous rules and enters into force on the day following its approval, applying to all contracts that are entered into after that date.

2. With regard to incubation and coworking agreements already signed and in force, the previously applicable rules shall apply until the date on which, according to their terms, their renewal should occur.

3. The date referred to in the preceding paragraph may not be less than 6 months after approval.