General Terms and Conditions (AGB)

1) Formation of the contract

Offices

The booking request for an office by the interested party is made by telephone, e-mail or directly via the marketing platform (website) of .kuia.office. The contract between the user and the operator (Alfred Müller AG), consisting of the user agreement and these General Terms and Conditions, is concluded when the booking request is confirmed by the operator. Confirmation is made by the operator sending the user agreement and these General Terms and Conditions to the user.

Termination by the user shall be made in writing, by e-mail or directly via the user area of .kuia.office. The termination by the operator must be made in writing by registered letter.

The operator’s services and the applicable tariffs can be found on the website and/or in the user area.

The operator is entitled to have services provided by third parties within the scope of the usage agreement
.

As a rule, the operator’s contact persons are not physically present on site. Inquiries and notifications to the operator must be made via the user area (helpdesk), by e-mail or by telephone. Availability is guaranteed on weekdays during business hours.

Meeting rooms and co-working workstations

Meeting rooms and co-working workstations can be booked directly via the website for a fee. These are short-term bookings that can be canceled within the cancellation period in the user area.

2) Handover and delivery of the premises

The user shall take over the booked premises and facilities of the .kuia.office. on the date of commencement of use of the user 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 with the user agreement. After expiry of this period, the premises and facilities shall 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, taking into account the age depreciation or the defects reported at the start of use, by 6 p.m. on the last day of use at the latest. Missing or defective hand transmitters and parking cards must be replaced by the user at their own expense. The replacement fee is a flat rate of CHF 100.00 per hand-held transmitter/parking card.

The operator must notify the user of any defects resulting from excessive wear and tear by 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 to him in writing or by e-mail within ten days, they shall be deemed to have been accepted by him. The defects and damage in question will be rectified by the operator at the user’s expense.

3) Terms of use

The booked premises and services may only be used for the agreed purpose. The use and the services used are generally not transferable to third parties. If the user wishes to transfer the booked premises and/or services in whole or in part to other (natural or legal) persons for (joint) use, they require the prior consent of the operator. The Operator may refuse consent without giving reasons. In any case, the user remains the sole contractual partner of the operator and is fully responsible for compliance with all obligations arising from the user agreement and these GTC, including by those persons to whom the user has granted (shared) use.
The user is responsible for changing access rights to the premises. Changes are made via the user area of .kuia.office. The user undertakes to enter the required data completely and correctly.

The user undertakes to notify the operator immediately of any contractually relevant changes to personal and address master data.

Login data and access authorizations may not be passed on to third parties and must be protected against unauthorized access.

The user acknowledges that the cleaning staff have access to their premises for the weekly cleaning. As a rule, cleaning takes place on weekdays from 18:00 or on Saturdays between 08:00 – 12:00. The cleaning time is determined by the operator.

The installation of advertising signs, lettering, blinds, showcases, antennas and pictures by the user is prohibited in all rooms. On request, users have the opportunity to present their company on the info screen in the cafeteria.

The user is obliged to use all premises and facilities carefully and appropriately, to keep them clean and tidy and to show consideration for other users and third parties. The user is liable for all damage caused by him or his employees and visitors. The operator must be notified immediately of any damage to furnishings or in the premises.

The user may not connect their own coffee machines, heaters, microwaves, stoves or other electrical appliances in the .kuia.office. rooms. 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 carrying out commercial or private activities on the premises of the .kuia.office. which have a nuisance or harmful effect such as excessive noise, vibrations, unpleasant odors, etc. or which impair the good reputation of the building. Animals are not permitted.

No private devices or objects may be placed in general areas such as the cafeteria, kitchenette, lounges, telephone boxes, corridors, etc. The preparation of odor-intensive meals is prohibited.

Smoking is prohibited in all rooms of the .kuia.office. as well as in the general areas of the building (stairwell and restrooms).

The operator, its representatives and the facility management are entitled to enter the premises of .kuia.office. with 48 hours’ notice in order to safeguard the property rights and to carry out repairs or installation work, in emergencies also in the absence of the user.
The operator and its representatives are entitled, with 48 hours’ notice, to show the premises to interested parties during normal business hours in the terminated relationship, whereby the disruption to the user’s business operations must be kept to a minimum.

4) Costs

Use of the meeting rooms is subject to a charge. The right of use is limited to the time booked. Any credits due to unused times or services expire and will not be refunded.

Invoices for booked meeting rooms and co-working workstations are stored in the user area and can be downloaded. Unless otherwise stated, all prices quoted are exclusive of VAT.

5) Access

Access to the offices is possible for the user and their employees at any time during the period of use. The operator ensures access to the rooms via smartphone app.

The co-working workstations are freely accessible from Monday to Friday during business hours (07:00-19:00), excluding cantonal holidays.

However, access authorization for meeting rooms is granted automatically in the app or via a link to the booked period.
It is at the discretion of the operator to adjust the type of access. A parking card or hand-held transmitter is issued for parking permits or parking spaces in the parking garage.

6) Availability of the general zones

The general zones cannot be reserved. They may only be occupied for short periods.

7) Liability of the operator, insurance

The operator shall insure the building against fire, natural hazards and water damage. The operator also insures the furniture provided by it as well as the goods, machines and other equipment against fire and water damage, burglary and theft.

Users must insure their own items themselves. The operator accepts no liability for damage to or loss of the user’s personal items on the premises of .kuia.office.

8) Liability of the user

The user is liable for all damage caused by its employees and visitors to rooms, equipment and other items provided within the scope of the usage agreement. This also applies in the event of the loss or theft of an item provided to the user by the operator. The user shall also be liable for all consequential damage associated with this.

9) Internet use

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

The Operator accepts no liability for damage caused by the User’s use of the Internet. The operator’s services do not release the user from his obligation to comply with the usual and recognized security standards, such as the use of regularly updated anti-virus and warning programs, plausibility checks on incoming data, regular data backups, regular password changes and appropriate access control.

9.1) Service disruption, support

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

9.2) Data collection

The monthly data volume of the Internet connection, electricity consumption and the user’s printer usage may be recorded and stored by the operator. The user will be notified in the event of excessive consumption. 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 exceptional incidents (e.g. burglary, vandalism, etc.), the operator can view the logbook. Network accesses are logged and stored by the network provider. In the event of network problems and criminal acts, the operator can evaluate the data.

10) Data protection

The operator observes the provisions of the Swiss Federal Act on Data Protection
(FADP).

The user agrees that the personal data entered by him in the user area may be stored on data carriers of the operator. The operator may forward the data to third parties who provide services required for the operation, if and insofar as these third parties absolutely need the data for the provision of services. In all other respects, reference is made to the privacy policy on the .kuia.office. website.

11) Billing and payment

Monthly fixed costs: The usage fee for the booked rooms and services in accordance with the usage agreement is payable in advance on the first of the month.

Additional costs (meeting rooms and co-working): The booked items are invoiced to the user. The invoices can be viewed in the user area under Documents.

12) Photos, live streams, events, media presence, press
The user agrees that the operator may take photos and video recordings on the premises of .kuia.office. The operator is entitled to use the recordings made for any business-promoting purpose. The user agrees to publication on the Internet and all other media, provided that this does not violate any personal rights.

13) Changes to the General Terms and Conditions

The operator reserves the right to make changes to the General Terms and Conditions. Users will be notified of such changes in the user portal. In addition, the GTCs can be viewed under Documents in the user area. The user’s consent to the changes shall be deemed to have been given if the user does not notify the operator in writing or by e-mail of his/her rejection within 20 days of notification of the change.

14) Final provisions

These General Terms and Conditions replace all previous provisions and agreements between the parties. The parties declare that there are no ancillary agreements or amendments outside the User Agreement and these General Terms and Conditions. Should any provision of the User Agreement or these General Terms and Conditions be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision and the originally agreed contractual balance. 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 item is located.