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 brokering of orders and work contracts (hereinafter referred to as “Orders”) between customers (hereinafter referred to as “Customer" or “Customers”) and tradespeople or building consultants (hereinafter referred to as “Tradesperson” or “Tradespeople”).
The Platform is intended solely for users (customers and Tradespeople) in Switzerland.
As operator of the Platform, Buildigo brokers contracts between Customers and Tradespeople. Buildigo does not act as a representative of the Customers or Tradespeople. Contracts brokered and entered into via the Platform are formed exclusively between Customers and Tradespeople, and Buildigo is not a contracting party.

II Access to the platform

The Platform is available to all Customers seeking tradesperson services in Switzerland.
Customers obtain access to the Platform’s services by placing an enquiry via the Buildigo website or over the phone. Requests are only permitted for services provided in Switzerland and for which Buildigo has a corresponding partner network.
Buildigo has the right to refuse enquiries without giving reasons. Identification is required to use Buildigo’s services, and Customers must provide at least their name, address, telephone number and email address. Once they have entered their request, Customers receive a personal link via email and/or SMS, using which they can access the order details and view the current status of the request or 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 services in part or in full without prior notification.

III Services

Customers may use the Platform to make enquiries concerning construction work (especially repairs and renovations) or ask for advice and receive quotes from local Tradespeople or building consultants, and to accept the corresponding quotes and pay the related invoices online.

IV Processing of Orders/formation of the agreement

Customers enter all the information required by the Platform for placing a request.
Depending on the type of order and location, Buildigo solicits quotes from local enterprises registered on the Platform. The Customer is notified as soon as a Tradesperson accepts the enquiry.
- The quote can be submitted in one of the following ways: Directly via the Platform or over the phone with the Tradesperson.
- After an on-site visit, either immediately or later via the Platform
If the Customer accepts the Tradeperson’s offer, the agreement is formed directly between the Customer and the Tradesperson, who shall provide the agreed services in return for the agreed consideration from the other party.
The Customer is under no obligation to enter into a contract. In each case, the Customer decides whether to proceed with the project with the proposed Tradesperson and accepts the quote on the Platform or verbally in direct conversation with the Tradesperson. The Tradesperson will not be entitled to any remuneration for producing a quote unless this has been agreed in advance with the customer.

V Invoicing and payment

The Tradesperson sends the Customer an invoice in accordance with the terms of the accepted quote, using the Buildigo platform.
Buildigo, as direct representative of the Tradesperson, collects the payment as soon as it is due.

VI Fees, commission and settlement

Buildigo charges Customers a service fee as follows: up to a contract value of CHF 1,000: 5% (plus VAT).
Upwards of a contract value of CHF 1,000: 2.5% but no more than 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 may be assigned to a debt collection agency. Any additional costs arising from this are also charged to Customers.

VII Duties of customers

Customers must enter all details relating to an Order on the Platform correctly and in full so that Buildigo can select the right Tradesperson and so that the Tradesperson can compile a quote that is as accurate as possible.
Customers must accept the offer via the Platform and use the Platform to settle the invoice in a timely manner.
Customers must be on site at all times to which they have agreed via the Platform or directly with the Tradespeople, or otherwise provide access to the property by separate agreement.
Customers are also responsible for any additional costs if these have been agreed with the Tradesperson. Additional costs may be incurred if the situation at the site is not as expected or as described in the request, or if the Customers add to the work required at the site or approve additional work.
Customers have the role of owner-builder and, as such, are required to fulfil all related obligations (such as ensuring site safety or reporting defects). Buildigo recommends Customers take out builders’ liability insurance. This is generally included in the liability insurance policies of Swiss insurance companies up to a construction contract value 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 confirm reimbursement of the costs. Customers are always invoiced by Buildigo.
Customers are obliged to keep their personal identification details 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 secure six-character unlock code. If there are substantive reasons for suspecting that unauthorised third parties have gained knowledge of personal identification details or Customers' mobile phone goes missing, access must be blocked immediately.

VIII Obligations of Buildigo

Buildigo shall endeavour to make sure the Platform is available 24 hours a day, seven days a week (including public holidays). Exceptions are pre-announced maintenance windows and because 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 services agreement will fulfil their obligations to each other. Customers and Tradespeople are solely responsible for executing and enforcing agreements.
The Tradesperson guarantees compliance with the relevant statutory provisions, in particular employment law, social security law and occupational safety regulations, as well as the provisions of its relevant industry body. It also guarantees compliance with these requirements by all third parties that it engages (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 may not be held liable for loss or damage incurred by Customers or Tradespeople from the execution of agreements formed between them. Buildigo may not be held liable for the actions of auxiliary persons.

X Contract duration and termination

The contract with Buildigo is deemed to be formed when all the necessary information has been entered in full on the Platform and the quote has been accepted through the online procedure.
In the case of Orders by phone, if the customer does not respond to the confirmation message or SMS sent by Buildigo within 24 hours, the general terms and conditions are deemed to have been accepted.
The contract between the Customer and the Tradesperson is formed upon the Customer’s acceptance of the quote. This can be done either online via the Platform or by verbal or written agreement between the two parties, namely the customer and the Tradesperson.
The contract ends upon full payment of the Order by the Customer.
Contracts can only be cancelled following acceptance of the quote 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, brands and other legally protected names 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 notice to supplement, delete and modify 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 non-compliant 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 complies with the personal data rules and regulations (in particular the Swiss Federal Act on Data Protection, hereinafter referred to as the “FADP”). Specific provisions can be found in the data protection regulations, which can be consulted by visiting www.buildigo.ch/en/legal/data-privacy.

XIV Place of jurisdiction and applicable law

The location of Buildigo’s registered office (currently Bern) shall be the place of jurisdiction for disputes between Buildigo and customers arising from use of the Platform. These GTC are governed exclusively by Swiss law.

Version 01.02 / June 2023