General Terms and Conditions (GTC)
1) Formation of the Contract
Offices
Booking inquiries for an office by interested parties are made directly via the website www.kuia-office.ch (hereinafter referred to as the “Website”) or by email. The contract between the user and the operator (Alfred Müller AG), consisting of the usage agreement and these General Terms and Conditions, is concluded upon the operator sending the usage agreement and its acceptance by the user.
Termination by the user must be in writing. Termination by the operator must be in writing via registered letter.
The operator’s services and the applicable tariffs are available on the Website and/or in the kuia portal (hereinafter “Portal”). The operator is entitled to have services under the usage agreement performed by third parties.
As a rule, no operator contact persons are physically present on-site. Inquiries and communications to the operator must be made via the Portal (Helpdesk), by email, or by phone. Availability is guaranteed on weekdays during business hours.
Meeting Rooms and Co-Working Workspaces
Meeting rooms and co-working workstations can be booked directly via the Portal for a fee. These are short-term bookings that can be cancelled within the cancellation period in the Portal.
Conditions for Co-Working Packages
The following provisions also apply to the booking and use of co-working packages:
- Validity period: The usage days included in the respective co-working package can only be used within the booked validity period. Unused usage days expire without replacement after the validity period. A refund, credit, or cash payment for unused usage days is excluded.
- Workstation reservation: The use of a co-working workstation requires a prior reservation via the Portal. There is no entitlement to a workstation without a reservation.
- Cancellation and no-show: Reservations can be cancelled or rebooked free of charge up to 24 hours before the reserved start of use. If the cancellation occurs later or the user does not appear for the reserved appointment (no-show), the usage day is considered used and will be deducted accordingly from the booked co-working package.
- No transfer: Unused usage days cannot be transferred to a later validity period nor credited to another co-working package.
- Personal use: Co-working packages are personal. Use or transfer to third parties is not permitted.
- Maximum one use per calendar day: A maximum of one usage day per calendar day can be used per user.
- Flexible workstation use: There is no entitlement to a fixed workstation. Co-working workstations are assigned on a “first come, first served” basis, subject to availability.
2) Handover and Return of Premises
The user takes possession of the booked kuia-office premises and facilities as of the usage agreement’s start date, either in the presence of an operator representative or independently.
The user must notify the operator of any defects via the Portal or by email within ten days from the usage agreement’s start date. After this period, the premises and facilities are deemed to have been handed over free of defects and fully fit for use.
The premises and facilities must be returned in good condition by the end of the usage period, taking into account normal wear and tear or defects reported at the commencement of use, no later than 6:00 PM on the last day of use. Missing or defective remote controls and parking cards must be replaced by the user at their own expense. The compensation for expenses is a flat rate of CHF 100 per remote control/parking card.
The operator must notify the user of defects resulting from excessive wear and tear via email within ten days after the end of the usage period. If the user does not object to the reported defects and damages in writing or via email within ten days, they are considered accepted by the user. The operator will rectify the relevant defects and damages at the user’s expense.
3) Rules of Use
Use of Premises and Services
The booked premises and services may only be used for the agreed purpose. The use and the services claimed are generally not transferable to third parties. If the user wishes to allow other (natural or legal) persons to (co-)use all or part of the booked premises and/or services, they require the prior consent of the operator. The operator may refuse consent without stating 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 usage agreement and these GTC, including by those persons to whom they have granted (co-)use.
Access Authorizations and User Data
The user is responsible for updating access authorizations to the premises. Updates are made via the kuia user portal. The user undertakes to enter the required data completely and correctly and to inform the kuia team at the Baar and Steinhausen locations in a timely manner about the entry and exit of employees so that access authorizations can be adjusted accordingly.
The user undertakes to immediately report any contract-relevant changes to personal and address master data to the operator. Login data and access authorizations may not be passed on to third parties and must be protected from unauthorized access.
Use of Office Spaces
The user acknowledges that, as part of the operator’s provision of furnished offices, cleaning staff will have access to their premises to perform weekly cleaning. This typically occurs on weekdays from 6:00 PM or on Saturdays between 7:00 AM and 12:00 PM. The exact cleaning time will be determined by the operator.
The user is prohibited from attaching advertising signs, labels, blinds, display cases, antennas, and pictures in any of the rooms. Upon request, the user has the option to present their company on the infoscreen 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 for other users and third parties. The user is liable for all damages caused by them, their employees, and visitors. Damage to furnishings or the premises must be reported to the operator immediately.
If an office with existing infrastructure is taken over, subsequent changes to the furniture will be charged at CHF 50 per workstation.
The user may not connect their own coffee machines, heaters, microwave ovens, cookers, or other electrical appliances in the kuia-office premises. The user has no right to carry out structural alterations.
The storage of flammable or explosive substances (such as petrol canisters, gas cylinders, or fireworks) is prohibited within the kuia-office premises.
The user is prohibited from carrying out commercial or private activities in the kuia-office premises that cause annoying or harmful effects such as excessive noise, vibrations, unpleasant odors, etc., or that damage the good reputation of the building. Bringing animals is not permitted.
Use of Common Areas
The general zones (in particular cafeteria, kitchenette, lounges, phone booths, and corridors) are available for common use by all users and must be treated with corresponding care and consideration. Private devices or other objects may not be permanently placed or stored there.
After each use, the general zones must be left clean, tidy, and in the condition in which they were found. Moved furniture and furnishings must be returned to their original place after use.
Used dishes, glasses, cutlery, and food containers must be emptied after use, pre-rinsed, and deposited in the designated dish baskets in the kitchen or disposed of properly. Dishes provided for common use must be returned to the kitchen after use or at the latest by the end of the respective working day. The preparation of odorous meals is prohibited.
Smoking, as well as the use of e-cigarettes, vaporizers, and other smoking or vaping devices, is prohibited in all kuia-office rooms and in the general zones of the building (in particular stairwells and toilets).
Parking or storing bicycles, e-bikes, scooters, e-scooters, and other means of transport within the offices and general zones is not permitted. Only the designated parking areas outside are to be used for this purpose.
Meeting booths and acoustic cabins are exclusively for making phone calls, video conferences, and confidential conversations. Use as a regular workstation or for longer periods of concentrated individual work is not permitted.
The relaxation room is exclusively for short periods of rest and breaks. Use as a work area or lounge for longer periods is not permitted. In particular, overnight stays in the relaxation room – as well as in all kuia-office premises – are prohibited.
Operator’s Rights of Access
The operator, their representatives, and facility management are entitled to enter the kuia-office premises with 48 hours’ prior notice to protect property rights and for the purpose of carrying out repairs or installation work. In emergencies, they may enter even in the user’s absence.
The operator and their representatives are entitled to show the premises to interested parties during regular business hours in the terminated relationship, whereby disruption to the user’s business operations must be kept to a minimum.
Immissions from Construction Activity
In connection with the expansion of neighboring tenants, work on general building parts, or in the vicinity of the rented property, impairments and construction-related immissions must be expected. The landlord endeavors to keep immissions (noise, smell, dust, vibrations, etc.) as low as possible.
4) Costs
The use of meeting rooms is subject to a fee. The right of use is limited to the booked time. Any credits for unused times or services will expire and are non-refundable.
Invoices are stored in the Portal and can be downloaded. Unless otherwise stated, all prices for all offers are exclusive of statutory VAT.
5) Access
Access to the offices is possible for the user and their employees at any time during the usage period. The operator ensures access to the rooms via the kuia app (hereinafter “App”).
Co-working workstations are freely accessible from Monday to Friday, during business hours (7:00 AM – 7:00 PM), excluding cantonal holidays.
Access authorization for meeting rooms is automatically granted for the booked period in the App or via a corresponding access code.
The operator reserves the right to adjust the access method.
For parking authorizations or parking spaces in the parking garage, access authorization is granted depending on the location via parking card, remote control, or smartphone app.
The electronic locking systems used serve for access control and increase the security of the rented properties. However, they do not provide absolute protection against burglary, theft, vandalism, manipulation, or other unauthorized access. The provider does not guarantee the burglar resistance of the electronic locking systems.
The provider strives for trouble-free operation of the electronic locking systems. However, due to technical or infrastructural conditions, malfunctions, interruptions, or restrictions cannot be completely ruled out.
Reported malfunctions of the access systems are processed with priority. There is no entitlement to a specific reaction or restoration time.
The user is obliged to protect their access data, the App, and any access codes from third-party access and to report misuse immediately.
6) Availability of General Areas
General areas cannot be reserved. They may only be occupied for short periods. These common areas cannot be reserved and are available for shared use by all users. Temporary occupancy is permitted, provided that other users are not unreasonably affected.
7) Operator’s Liability, Insurance
The operator insures the building against fire, natural hazards, and water damage. The operator also insures the furniture provided by them, as well as goods, machinery, and other furnishings against fire and water damage, burglary, and theft.
The user must insure their own belongings. The operator assumes no liability for damage or loss of the user’s personal belongings within the kuia-office premises.
8) User’s Liability
The user is liable for all damages caused by their employees and visitors to rooms, equipment, and other items provided under the usage 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 damages.
9) Internet Use
The user undertakes not to misuse the internet access. The operator does not guarantee a specific quality of the internet connection.
The operator assumes no liability for damages arising from the user’s internet use. The operator’s services do not relieve the user of their duty to comply with usual and recognized security standards, such as the use of regularly updated anti-virus and warning programs, plausibility checks for incoming data, regular data backups, regular password changes, and appropriate access control.
Service Disruption, Support
The user must immediately notify the operator of any service disruptions. The operator will promptly rectify the disruptions within the scope of existing technical and operational possibilities on weekdays during office hours, or commission third parties to rectify them.
Data Collection
The user’s monthly internet data volume, electricity consumption, and printer usage may be recorded and stored by the operator. In case of excessive consumption, the user will be notified. Monitoring system data, internet protocols, attendance logs, and access logs are recorded and stored. Lock openings and closings are logged by the locking system provider and stored for three months. In the event of unusual incidents (e.g., burglary, vandalism, etc.), the operator may view the logbook. Network accesses are logged and stored by the network provider. In case of network problems and criminal acts, the operator may evaluate the data.
10) IT Infrastructure and Technical Services
Printers and Printing Services
The operator provides printers for common use at selected locations. Integration and use are carried out according to the instructions provided in the Portal.
The user is responsible for ensuring that their end devices meet the technical requirements for using the printing services. In particular, active VPN connections, firewalls, security settings, or other customer-side configurations may impair or prevent the integration or use of the printers. In such cases, the operator is not obliged to provide support services for troubleshooting on the user’s end devices.
Support Services and External Costs
The operator, together with its external partners, provides the infrastructure required for the use of the offered services and strives for their proper operation.
If the operator informs the user in advance about possible chargeable clarifications and the user nevertheless decides to carry out support, analysis, troubleshooting, or on-site assignments, the resulting expenses and the costs of external service providers may be charged to the user if it turns out that the cause of the malfunction or restriction was outside the operator’s area of responsibility. This applies in particular to customer-side hardware or software, network settings, security configurations, or other user facilities.
11) Data Protection
The operator complies with the provisions of the Swiss Federal Act on Data Protection (FADP).
The user agrees that the personal data entered by them in the Portal will be stored on the operator’s data carriers. The operator may forward the data to third parties who provide services necessary for operation, provided and to the extent that these third parties absolutely require the data for service provision. For further information, please refer to the privacy policy on the Website.
12) Billing and Payment
The usage fees for offices and parking spaces are invoiced at the beginning of each month for the current month according to the usage agreement. Chargeable additional services, in particular meeting rooms, co-working workstations, and other chargeable offers, are charged together with the same invoice at the beginning of the following month for the preceding month. Invoices must be paid individually according to the invoice amount and payment deadline; payments via standing order are not supported.
All invoices can be viewed in the personal user area under “Billing”.
13) Photos, Livestreams, Events, Media Presence, Press
The user agrees that the operator may take photos and video recordings within the kuia-office premises. The operator is entitled to use the created recordings for any business-promoting purpose. The user consents to publication on the internet and all other media, provided that no personal rights are violated.
14) Amendments to the General Terms and Conditions
The operator reserves the right to amend the General Terms and Conditions. Such amendments will be communicated to users in the Portal. Additionally, the GTC can be viewed under Documents in the Portal. The user’s consent to the amendments is deemed granted if the user does not notify the operator of their objection in writing or via email within 20 days of the notification of the change.
15) Final Provisions
These General Terms and Conditions supersede all previous provisions and agreements between the parties. The parties declare that no collateral agreements or amendments exist outside of the usage agreement and these GTC. Should any provision of the usage agreement or these General Terms and Conditions be or become invalid, the validity of the remainder of the contract shall not be affected. The contracting parties will replace the ineffective provision with an effective provision that most closely approximates the intended economic purpose of the invalid provision and the originally agreed contractual balance. The same applies to any contractual loopholes.
16) Applicable Law Jurisdiction
Swiss law is applicable to the contractual relationship between the operator and the user. The exclusive place of jurisdiction is the location of the property.