General Terms and Conditions of Business for Customers
I Object of the Agreement
- Buildigo AG (hereinafter referred to as “Buildigo”) operates a web platform (hereinafter referred to as the “platform”) for the placement of orders and work contracts (hereinafter referred to as “orders”) between customers and craft enterprises.
- The platform is addressed exclusively at users (customers and craft enterprises) in Switzerland.
- As operator of the platform, Buildigo brokers individual contracts between customers and craft enterprises. Buildigo does not act as representative of the customers or craft enterprises. Contracts brokered or concluded via the platform arise exclusively between customers and craft enterprises and Buildigo is not a contracting party.
II Access to the platform
- The platform is fundamentally available to all customers seeking tradesperson services in Switzerland.
- Customers receive access to the platform’s services by entering the necessary details for their order on the platform and confirming placement of the order during the online procedure.
- Requests are only permitted for services provided in Switzerland and for which Buildigo has a corresponding partner network. The individual regions and services are activated progressively.
- Buildigo can refuse requests without specifying the reasons and particularly in cases where order requests are in breach of the law.
- Identification is necessary to make full use of Buildigo’s services and requires customers to disclose details including their name, address, telephone number and e-mail address. After entering the order, customers receive a personal link via e-mail and/or text message via which they can access the order details (e.g. type of order, order details, attached images and documents, place of execution including customer address, agreed fixed price) and view the current status of the order. This link and the login details to their personal account may not be shared by customers or disclosed to third parties.
- Buildigo is entitled at any time to block access to the application or services in part or in full without prior notification.
- The platform allows customers to enter planned construction work (especially repair and embellishment work; hereinafter referred to as “requests”) and use this either to place an order directly or receive offers from local craft enterprises.
- Buildigo distinguishes between orders with a fixed price and orders with a bidding procedure.
- A fixed-price order is at hand if the following conditions are met:
- The content of the order is sufficiently specified in the request;
- the order is described on the basis of a specifically defined catalogue of criteria, and
- a fixed price can be calculated via the platform.
- All other orders count as orders with a bidding procedure. The platform recognises automatically whether a request is to be processed as an order with a fixed price or an order with a bidding procedure.
IV Processing of orders / conclusion of contract
- Process for orders with a fixed price:
- The customer enters all information for an order requested by the platform.
- The platform offers the customer a fixed price on the basis of the information entered and service description. The fixed price includes material costs of up to CHF 10 as well as a brokerage fee in favour of Buildigo.
- Customers grant Buildigo their consent on the platform via “Confirm booking” to forward the request to craft enterprises. The request includes date options for execution of the order and constitutes a binding offer.
- Buildigo forwards to the craft enterprise the customer’s contact details (first name, last name or company, address, telephone number and e-mail address) as well as all service details entered.
- The craft enterprise can accept the request via digital confirmation. The contract is concluded between the customer and the first craft enterprise to accept the request.
- The craft enterprise provides the services requested on the specified date, confirms conclusion of the work to Buildigo and sends Buildigo the final bill in digital form (e.g. e-mail / upload to platform).
- Based on the craft enterprise’s final bill, Buildigo generates the invoice and dispatches it via the platform. The customer pays the invoice via the platform or by bank transfer to the account stated on the invoice.
- Process for offers with a bidding procedure:
- The customer enters all information for an order requested by the platform.
- Buildigo informs the craft enterprises by e-mail or via other electronic means about the non-binding request and the latter state whether they are interested. Buildigo establishes contact between up to three craft enterprises and the customer for inspection and bidding purposes. Buildigo forwards to the craft enterprise the customer’s contact details (first name, last name or company, address, telephone number and e-mail address) as well as all service details entered.
- The craft enterprise contacts the customer and clarifies all issues required for bidding directly with the latter.
- The craft enterprise submits to the customer a binding offer. Customers are free to commission a craft enterprise brokered by Buildigo or an independent third party at their discretion. There is accordingly no obligation on the customer to conclude a contract. The craft enterprise is not entitled to any compensation for submitting an offer.
- If the customer accepts the craft enterprise’s offer, the contract is concluded directly between the customer and the craft enterprise and the craft enterprise shall provide the agreed services.
- The craft enterprise sends Buildigo the final bill in digital form (e.g. e-mail / upload to the platform).
- Buildigo then generates the invoice on behalf of the craft enterprise and dispatches it via the platform. The customer pays the invoice via the platform or by bank transfer to the account stated on the invoice.
V Invoicing and payment
- Buildigo collaborates with Payrexx AG in Thun for invoicing and payment. Customers can make their payments by credit card or bank transfer. The invoice is sent to the customer digitally on the platform.
- The costs for the selected payment means can be additionally charged to the customer. Such costs are displayed in advance when selecting the payment means.
VI Fees, commission and settlement
- If customers place orders via the platform, these incur a service charge of between 2.5% and 5% (plus VAT). The service charge amounts to 5% up to an order volume of CHF 1,000. For order volumes in excess of CHF 1,000 it is 2.5%. The service charge is limited at a maximum of CHF 150 (plus VAT).
- Should customers fail to pay an invoice on time, Buildigo reserves the right to charge a reminder fee of CHF 20. If timely payment is still not made after two reminders, the claim can be assigned to a debt collection agency. Additional costs incurred from this are likewise charged to the customer.
VII Duties of customers
- Customers must enter all details concerning an order (with a fixed price or bidding procedure) correctly and completely on the platform. This enables Buildigo to calculate the correct price and select the right craft enterprise and the craft enterprise to compile as precise an offer as possible.
- The customer must accept the offer via the platform and settle orders and invoices in full and on time via the platform as this is the only way for Buildigo to ensure due remuneration of the craft enterprise.
- Customers must be on site at the times entered by them on the platform or agreed with the craft enterprises or otherwise ensure access to the property by separate agreement.
- In the case of fixed-price orders, customers are required to pay additional costs as long as these are communicated to the customer by the craft enterprise prior to order execution and not expressly rejected by the customer. Additional costs can particularly be incurred if the situation on site differs significantly from the situation to be expected or described in the request.
- Customers act as builders and are required to meet all obligations resulting from this (such as ensuring construction site safety, reporting defects). Buildigo recommends customers to take out builder-owner liability insurance. This is generally included in the liability insurance policies of Swiss insurance companies up to a construction volume of CHF 200,000.
- Customers are obliged to obtain all approvals required for the work, be this the approval of the landlord for tenants or the relevant official building permits according to the statutory provisions for owners.
- If the order concerns the repair of damage covered by insurance, customers are required to report this to their insurance provider in advance and to ensure confirmation of cost reimbursement. Invoicing by Buildigo is always sent to the customer.
- Customers are obliged to keep their personal identification features for accessing the platform confidential and to ensure that they are adequately protected together with their mobile phone, tablet computer, PC etc. against misuse by unauthorised parties. Buildigo recommends configuring a complex six-character unlock code. If there are justified reasons for suspecting that unauthorised third parties have gained knowledge of personal identification features or the customer’s mobile phone goes missing, access must be blocked immediately.
VIII Obligations of Buildigo
- Buildigo shall endeavour to ensure the availability of the platform 24 hours a day, seven days a week (including public holidays). Exceptions are pre-announced maintenance windows and in the event of force majeure. No minimum availability is guaranteed.
- In the event of technical problems accessing or using the platform, Buildigo offers support as specified on its homepage.
IX Guarantee / liability
- Buildigo offers no guarantee that the contracting parties of the trade agreement fulfil their obligations to each other. The processing and enforcement of agreements lies in the sole responsibility of customers and craft enterprises.
- The craft enterprise warrants compliance with the relevant statutory provisions, in particular employment law, social security law and occupational safety, as well as the provisions of its industry association. It also guarantees compliance with these requirements by all third parties it draws upon (e.g. sub-contractors).
- Buildigo’s liability for loss and damage resulting from use of the platform is generally limited to gross negligence and intent as well as direct loss or damage.
- Buildigo cannot be held liable for loss or damage incurred by customers or craft enterprises from the processing of agreements concluded between them. Liability on the part of Buildigo for auxiliary persons is excluded.
X Contract duration and termination
- The contract with Buildigo arises through the complete entry of all necessary details on the platform and confirmation of the order during the online procedure.
- The contract with the craft enterprise is concluded for orders with a fixed price upon acceptance of the order by the craft enterprise and for orders with a bidding procedure upon acceptance of an offer by the customer on buildigo.ch.
- The contract ends upon full payment of the order by the customer.
- Contracts can only be cancelled following acceptance of the offer if all parties declare their consent in writing.
XI Ownership, intellectual property rights and rights of use
- The entire contents of the website are protected by copyright. Copyright notices, brand names and other legally protected designations may not be changed or removed. All ownership rights remain with Buildigo or our partners.
- The tradesperson platform allows customers to access the services offered and facilitates the exchange of data between customers on the one hand and Buildigo and third parties on the other. Buildigo reserves the right at any time and without prior announcement to supplement, delete and adjust the contents of the tradesperson platform and the scope of services to technical or legal developments or to cease operating the platform altogether.
- The services of Buildigo may only be used by customers in accordance with these present conditions. Any divergent use and/or use by other persons is prohibited.
XII Changes to these General Terms and Conditions of Business
Buildigo reserves the right to amend these General Terms and Conditions of Business (GTC). The GTC applicable to customers are those in force at the respective time of full entry of the details required for an order and confirmation of order placement during the online procedure.
XIII Data protection
- Buildigo observes the provisions for the protection of personal data (in particular the Swiss Federal Act on Data Protection, hereinafter referred to as the “FADP”) and – if and insofar as applicable – those of the GDPR. The customer grants Buildigo the right to record and save all data, accesses, transactions, changes and movements of the customer during use of the platform and to evaluate them for contract processing purposes and if necessary for analysing use of the platform and safeguarding its availability.
- In order to process orders, Buildigo is entitled to share the personal details entered by the customer and the relevant order description with potential contractors active on the platform in this function in order to enable them to compile an offer.
- Buildigo commissions Payrexx AG in Thun for the processing of payments. Buildigo is entitled in this respect to share with Payrexx the data required for invoicing. Payrexx is also subject to the Swiss Federal Act on Data Protection and is a financial intermediary licensed by FINMA. Further details about the data protection provisions of Payrexx can be found at the following link: https://www.payrexx.ch/site/assets/files/2592/datenschutzerklaerung.pdf
- Buildigo is also entitled to make use of the personal details entered by the customer and the information derived in connection with the offer request for its own marketing purposes and to foster customer relations.
- Subject to the customer’s express consent, Buildigo may forward their data to the La Mobilière Group and process them for the purposes below. The La Mobilière Group comprises La Mobilière Insurance Company Ltd and its affiliated general agencies, La Mobilière Services Ltd and all other majority interests of the La Mobilière Group pursuant to the most recent annual report (see mobiliar.ch/geschaeftsbericht). La Mobilière Group may process the customer’s data for the following purposes:
- Marketing purposes (e.g. newsletter, telephone, online advertising)
- Analysis purposes and market research
- Development and fostering of current and future customer relations
- To create a personality profile and/or for profiling, i.e. for the compilation and automatic evaluation of data that are used to assess, analyse or predict specific personal aspects of a natural person. Examples of such aspects include economic situation, interests, user behaviour, abode or change of location.
- Purposes explicitly stated when the data are collected.
- Personal data are not shared with any other third parties. This does not apply to companies that process such data on behalf of Buildigo for provision of the service. Buildigo signs a separate order data processing agreement with such companies, according to which they may only process the data for the purpose of contract processing.
- Data hosting is carried out at Amazon Web Services EMEA SARL, 8 Avenue John F. Kennedy, L-1855 Luxembourg. The servers are in Frankfurt. The data protection provisions of Amazon Web Services apply: https://aws.amazon.com/de/privacy/. Buildigo has an order data processing agreement with Amazon stipulating that Amazon may only make use of the data in connection with operation of the Buildigo platform.
- Buildigo stores the information and data disclosed to it by the customer for as long as this is necessary for the aforementioned purposes and/or it itself has a legitimate interest within the meaning of Art. 13 FADP and/or – if and insofar as applicable – Art. 6, para. 2, point f GDPR, or, if data processing is based on the consent of the customer, as long as the latter has not revoked such explicit consent. Any statutory retention obligations remain explicitly reserved.
- Buildigo shall take technical and organisational security precautions to protect your personal data against manipulation, loss and destruction, as well as against access by unauthorised third parties, and to ensure the protection of your rights and compliance with the applicable data protection laws and regulations. The Internet is an open global network. The transmission of personal data via the Internet always takes place at the user’s own risk. Personal data is always encrypted when transmitted between the customer and Buildigo. Despite technical and organisational security measures, data can get lost or be intercepted and/or manipulated by unauthorised third parties. Buildigo takes appropriate technical and organisational security measures to prevent this from happening within the Buildigo system. However, the customer’s computer is beyond the scope of Buildigo’s security system. It is up to the customer to obtain information on requisite security precautions and to take the associated measures. Buildigo cannot be held liable for any loss or damage sustained due to loss or manipulation of data.
- Buildigo is prepared to provide the customer with information on the processing of their personal data at any time. Under certain circumstances the customer can object to the processing of data with effect for the future and demand its restriction as well as the correction and/or deletion of its personal data.
XIV Place of jurisdiction and applicable law
The registered office of Buildigo (currently Berne) is agreed as place of jurisdiction for disputes between Buildigo and the customer arising from use of the platform. These GTC are governed exclusively by Swiss law.
Version 01.01 / June 2021