General Terms and Conditions (AGB)

1) Conclusion of the agreement

Offices

Booking requests for an office by interested parties must be made directly via the marketing platform (www.kuia-office.ch) of kuia-office. The contract between the user and the operator (Alfred Müller AG) consisting of the Lease Agreement and these General Terms and Conditions will come into effect when the operator confirms the booking request. The operator will confirm the booking request by sending the Lease Agreement and these General Terms and Conditions to the User.

The user may terminate the agreement in writing or via e-mail. The operator may terminate the agreement in writing by registered post.

The services provided by the operator and the applicable tariffs can be consulted on the website and/or in the user area. The operator is entitled to have services rendered within the scope of the Lease Agreement performed by third parties.

Generally speaking, no contact persons of the operator are physically present on site. Enquiries and notifications addressed to the operator must be submitted via the user area (helpdesk), via e-mail or by telephone. The operator guarantees its availability on weekdays during business hours.

Meeting rooms and co-working workstations

Meeting rooms and co-working spaces can be rented directly via the website for a fee. Such short-term bookings can be cancelled within the cancellation period in the user area.

2) Handover and delivery of the premises

The user takes possession of the premises and facilities rented from kuia-office on the commencement date stipulated in the Lease Agreement in the presence of a representative of the operator or independently.

The user must notify the operator of any defects via the helpdesk in the user area within ten days of the date of commencement of use in accordance as set out in the Lease Agreement. Once this period expires, the premises and facilities will be deemed to have been handed over free of defects and fully fit for use.

The premises and facilities must be returned in good condition at the end of the period of use, allowing for the age-related depreciation or the defects notified at the time of commencement, by 6.00 p.m. at the latest on the last day of use. Missing or defective hand-held transmitters and parking cards must be replaced by the user at his or her own expense. An administrative fee of CHF 100.00 per hand-held transmitter/parking card is payable.

The operator must notify the user of defects due to excessive wear and tear via e-mail within ten days of the end of the period of use. If the user does not object to the defects and damage notified in writing or via e-mail within ten days, they will be deemed to have been accepted by the user. The defects and damage in question will be repaired by the operator at the user’s expense.

3) Terms of use

The leased premises and services may only be used for the agreed purpose. The use of the premises and the services are in principle not transferable to third parties. If the user wishes to transfer the leased premises and/or services in whole or in part to other (natural or legal) persons for (joint) use, the user must obtain the prior consent of the operator. The operator may refuse consent without stating reasons. In any case, the user will remain the sole contractual partner of the operator and shall be responsible for compliance with all obligations under the Lease Agreement and these GTC, even those incumbent on persons to whom the user has granted the right of (co-)use.

The user is responsible for changing the access rights to the premises. Changes are made via the user area of the kuia-office. The user undertakes to enter the required data completely and correctly.

The user undertakes to report any changes in master data concerning personal and address details relevant for the contract to the operator without delay.

The user acknowledges that, as part of the provision of furnished offices by the operator, the cleaning staff has access to his or her premises for weekly cleaning. As a rule, cleaning is carried out on weekdays after 6.00 p.m. or on Saturdays between 7.00 am. and 12.00 noon. The cleaning time is determined by the operator.

The placement of advertising signs, lettering, blinds, display cases, antennas and pictures by the user is prohibited in all rooms. Upon request, the user may showcase his or her company on the info screen in the cafeteria.

The user is obliged to use all premises and facilities carefully and properly, to keep them in a clean and tidy condition and to show consideration to other users and third parties. The user is liable for all damage caused by him/her or his/her employees and visitors. Damage to furnishings or in the premises must be reported to the operator immediately.

The user may not connect his/her own coffee machines, heaters, microwave ovens, cookers or other electrical appliances in the rooms of the kuia-office. The user has no right to make structural changes.

The storage of flammable or explosive substances (such as canisters of petrol, gas cylinders or fireworks) on the premises of kuia-office is prohibited.

The user is prohibited from engaging in commercial or private activities on the premises of kuia-office. which cause annoyance or damage, such as excessive noise, vibrations, bad smells, etc., or which affect the good reputation of the building. Animals may not be brought onto the premises.

No private devices or objects may be placed in the common areas such as the cafeteria, kitchenette, lounges, telephone boxes, corridors, etc. The preparation of odour-intensive meals must be avoided.

Smoking is prohibited throughout the kuia-office premises and in the common areas in the building (stairwell and toilets).

The operator, its representatives and the facility management are entitled to enter the premises of kuia-office after giving 48 hours’ notice in order to assert rights of ownership and for the purpose of carrying out repairs or installation work, in emergencies even in the absence of the user.

The operator and its representatives, after giving 48 hours’ notice, are entitled to show the premises to interested parties after the agreement has been terminated during normal business hours, provided that any disruption to the user’s business is kept to a minimum.

4) Costs

The use of the meeting rooms is subject to a fee. The right of use is limited to the booked time. Any credits relating to unused times or services will be forfeited and will not be refunded.

Invoices for booked meeting rooms and co-working spaces are stored in the user area and can be downloaded. Unless otherwise stated, all prices quoted for all offers do not include statutory VAT.

5) Access

The user and his/her employees may access the offices at any time during the period of use. The operator facilitates access to the rooms via a smartphone app.

The co-working spaces are freely accessible from Monday to Friday, during business hours (7.00 a.m. to 7.00 p.m.), excluding cantonal holidays.

The access rights for meeting rooms, on the other hand, are automatically granted via the app or via a link to the booked period.

The operator may adjust the type of access rights as it sees fit. A parking card or hand-held transmitter is issued for parking permits or parking spaces in the car park.

6) Availability of the common areas

The common areas cannot be reserved. They may only be occupied for a short period of time.

7) Liability of the operator, insurance

The operator insures the building against fire, natural hazards and water damage. The operator also insures the furniture, goods, machines and other fixtures and fittings provided by it against fire and water damage, burglary and theft.

The user must insure his/her own items. The operator accepts no liability for damage to or loss of the user’s personal belongings on the premises of kuia-office.

8) Liability of the user

The user is liable for all damage caused by his/her employees and visitors to rooms, equipment and other items provided under the Lease Agreement. This also applies in the event of loss or theft of an item provided to the user by the operator. The user is also liable for all associated consequential damage.

9) Internet use

The user undertakes not to misuse the Internet access. The operator does not guarantee the quality of the internet connection.

The operator accepts no liability for damage arising through the user’s use of the Internet. The services provided by the operator do not release the user from his/her obligation to comply with the customary and recognised security standards, such as the use of regularly updated anti-virus and warning programs, plausibility checks on incoming data, regular data backups, regular changes to passwords and appropriate access control.

Service disruption, support

The user must notify the operator immediately of any service disruptions. The operator will remedy the faults as quickly as possible within the scope of the existing technical and operational possibilities on weekdays during office hours or commission third parties to remedy the fault.

Data collection

The monthly data volume of the internet connection, electricity consumption and the printer usage of the user may be recorded and stored by the operator. In the event of excessive consumption, the user will be notified. The surveillance system, internet logs, attendance logs, access logs and consumption of drinks and food are recorded and stored. Lock openings and closings are logged by the locking system provider and stored for twelve months. In the event of extraordinary incidents (e.g. break-ins, vandalism, etc.), the operator may inspect the logbook. Network accesses are logged and stored by the network provider. In the event of network problems and criminal acts, the operator may evaluate the data.

10) Privacy

The operator will comply with the provisions of the Swiss Data Protection Act (FADP).

The user agrees that the personal data recorded by him/her in the user area may be stored on the operator’s data carriers. The operator may forward the data to third parties who provide services required for the operation, if and to the extent that these third parties absolutely require the data for the provision of services. In addition, reference is made to the data protection declaration on the kuia-office website.

11) Billing and payment

Monthly fixed costs: The usage fee for the leased rooms and services according to the Lease Agreement is payable in advance on the first day of the month. Additional costs (meeting rooms and co-working): The user will be invoiced for the items booked. The invoices can be viewed in the user area under Documents.

12) Photos, livestreams, events, media presence, press

The user agrees that the operator may take photos and record videos on the premises of kuia-office The operator is entitled to use the photos and videos to promote business as it sees fit. The user agrees to their publication on the Internet and in all other media, provided that this does not infringe any personal rights.

13) Amendments to the General Terms and Conditions

The operator reserves the right to make changes to the General Terms and Conditions. Such changes will be communicated to users in the user portal. In addition, the GTCs can be viewed under Documents in the user area. It will be assumed that the user accepts the amendments if the user does not object to them in writing or via e-mail within 20 days of being notified of them.

14) Final provisions

These General Terms and Conditions replace all previous provisions and agreements between the parties. The parties declare that no ancillary agreements or amendments exist other than the Lease Agreement and these GTC. Should any provision of the Lease Agreement or these General Terms and Conditions be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision and to the original balance of interests of the parties. The same applies to any loopholes in the contract.

15) Applicable law & place of jurisdiction

Swiss law is applicable to the contractual relationship between the operator and the user. The exclusive place of jurisdiction is the place where the premises are located.