General Terms and Conditions (GTC)
1) Formation of the Contract
Offices
The interested party’s booking request for an office is made directly via the kuia-office marketing platform (www.kuia-office.ch). The contract between the user and the operator (Alfred Müller AG), comprising the usage agreement and these General Terms and Conditions, is concluded upon the operator’s confirmation of the booking request. Confirmation is provided by the operator sending the usage agreement and these General Terms and Conditions to the user.
Termination by the user must be in writing or via email. 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 user area. The operator is entitled to have services under the usage agreement performed by third parties.
Generally, no operator contact persons are physically present on-site. Inquiries and communications to the operator must be made via the user area (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 workspaces can be booked directly via the website for a fee. These are short-term bookings that can be cancelled within the cancellation period in the user area.
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 Helpdesk in the user area 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, considering age-related depreciation or defects reported at the start, no later than 6:00 PM on the last day of use. Missing or defective transponders and parking cards must be replaced by the user at their own expense. The flat-rate compensation for administrative costs is CHF 100.00 per transponder/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
The booked premises and services may only be used for the agreed purpose. The use of and access to the services 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 (co-)use, prior consent from the operator is required. The operator may refuse consent without stating reasons. In all cases, 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. The user is responsible for modifying access rights to the premises. Modifications are made via the kuia-office user area. The user undertakes to enter the required data completely and correctly.
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.
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.
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.
No private devices or objects may be placed in general areas such as the cafeteria, kitchenette, lounges, phone booths, corridors, etc. The preparation of strong-smelling meals is prohibited.
Smoking is prohibited in all kuia-office rooms and in the general areas of the building (stairwell and restrooms).
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, with 48 hours’ prior notice, to show the premises to interested parties during regular business hours following termination, provided that disruption to the user’s business operations is kept to a minimum.
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 for booked meeting rooms and co-working workspaces are stored in the user area and can be downloaded. Unless otherwise stated, all prices for all offers are exclusive of statutory VAT.
5) Access
Access to the offices is available to the user and their employees at all times during the usage period. The operator provides access to the rooms via a smartphone app.
Co-working workspaces 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 granted automatically within the app or via a link for the booked period.
The operator reserves the right to adjust the access method. A parking card or transponder is issued for parking authorizations or parking spaces in the parking garage.
6) Availability of General Areas
General areas cannot be reserved. They may only be occupied for short periods.
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, access logs, and consumption of beverages and food 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) 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 user area 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 kuia-office website.
11) Billing and Payment
Monthly Fixed Costs: The usage fee for the booked rooms and services, as per the usage agreement, is payable in advance on the first of each month.
Additional Costs (Meeting Rooms and Co-Working): The booked items will be invoiced to the user. 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 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.
13) 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 user portal. Additionally, the GTC can be viewed under Documents in the user area. 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.
14) 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.
15) 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.