General Terms and Conditions of Business for Craft Enterprises
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 or building consultants (hereinafter referred to as “craft enterprises”).
- The platform is intended exclusively for customers (private and business customers seeking craft enterprises) 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 and concluded via the platform arise exclusively between customers and craft enterprises and Buildigo is not a contracting party.
II Access to the platform
- A craft enterprise can request access to the platform if it meets the following conditions:
- The craft enterprise is subject to Swiss VAT.
- The craft enterprise provides evidence of valid business liability insurance. The business liability insurance must cover personal injury and property damage with a limit of liability of at least CHF 5 million.
- There is no entitlement for craft enterprises to be admitted to the platform. There is also no entitlement to the assignment of orders in the event of admission.
- Buildigo shall review the craft enterprise’s request for access to the platform. The craft enterprise shall gain access to the platform if Buildigo approves its admission.
- The platform allows customers to enter planned construction work (especially repair and renovation work; hereinafter referred to as “requests”) and subsequently receive offers from local craft enterprises.
- The offers may be published by the craft enterprises via the platform or communicated orally in direct dialogue with the customer (e.g. for smaller repairs for which the costs can only be determined on site). Regardless of the form in which the offer is presented to the customer, the submission of the offer by the craft enterprise must be confirmed to Buildigo on the platform.
- The processing of services that do not belong to the customary services of tradespeople or construction-related providers is not permitted on the platform, as is the processing of services that contravene Swiss law.
IV Processing of orders / conclusion of contract
- The customer enters all information for an order requested by the platform.
- Depending on the type of order and location, Buildigo requests offers from local enterprises registered on the platform. Buildigo informs the eligible craft enterprises by e-mail or via other electronic means about the non-binding request and the latter then state whether or not they are interested. As soon as the craft enterprise has expressed interest in a request (i.e. that it is fundamentally prepared to submit an offer), the data of the customer are made accessible on the platform (last name/first name, address, telephone number, e-mail).
- As soon as a craft enterprise has accepted a request, the request is removed from the other craft enterprises contacted. At the request of the customer, Buildigo can simultaneously provide multiple craft enterprises with access to the customer’s contact details.
- The craft enterprise has the following options for submitting offers. Its offers are always binding, free of charge and valid for a limited period of time.
- An offer can be submitted via the platform immediately following acceptance of the request;
- Following an on-site visit, the offer can be submitted directly on site or later via the platform.
- If the customer accepts the craft enterprise’s offer, the contract is concluded directly between the customer and the craft enterprise and the parties shall provide the agreed services.
- There is no obligation on the customer to conclude a contract. The customer decides in each case whether to embark on the project with the proposed craft enterprise and accepts the offer on the platform or orally in direct dialogue with the craft enterprise. The craft enterprise is not entitled to any compensation for submitting an offer.
V Invoicing and payment
- The services for orders placed via Buildigo shall be invoiced via the platform. The craft enterprise must upload its invoice to the platform for this purpose. The costs offered and approved by the customer shall be invoiced.
- Buildigo as direct representative of the craft enterprise collects payment from the customer as soon as the latter is due. The invoice amount is subsequently paid out to the craft enterprise. Buildigo directly deducts the commission to which it is entitled. In the case of orders with prepayments, the commission is deducted from the first prepayment.
- Buildigo grants a payment guarantee in the amount of the accepted offer as long as the following conditions are met:
- The order was processed via the Buildigo platform;
- The offer was published on Buildigo and accepted by the customer;
- The craft enterprise subscribed to a corresponding service package from Buildigo prior to submission of the offer.
- Buildigo does not grant any payment guarantee in any of the following cases:
- The conditions pursuant to section V.3 above are not fulfilled;
- The craft enterprise is unable to provide proof of acceptance of the offer or the approval of any additional costs by the customer;
- The customer asserts claims concerning deficiencies in the quality of the work carried out, unless the craft enterprise is able to supply an acceptance protocol confirming acceptance by the customer;
- The craft enterprise has collected payment on site or Buildigo is able to prove that the customer has already paid the craft enterprise via another channel.
- If prepayments have been agreed: the craft enterprise has carried out the work in part or in full despite no prepayments being made;
- In the event of a claim from an insurance policy of la Mobilière Insurance Company Ltd processed via the Buildigo platform; in this case the invoice is forwarded directly to the insurance company for payment.
- The craft enterprise undertakes to cede its invoice issued to the customer via the Buildigo platform to Buildigo AG upon first request if Buildigo issues and fulfils a payment guarantee.
VI Fees, commission and settlement
- The fees and commission depend on the service package chosen by the craft enterprise.
- The conditions of the service packages are published on www.buildigo.ch/craftsmen. Registered craft enterprises can view the conditions applicable to them in the protected area of the website.
- The conditions of the service package booked at the time of offer submission apply to each individual order.
- No commission at the expense of the craft enterprise is levied on orders in connection with a claim of la Mobilière Insurance Company Ltd.
- Monthly and annual fees are charged by Buildigo directly on the platform and payable by the craft enterprise using the online payment means.
- Commissions in connection with order requests are deducted directly by Buildigo when paying the invoice amount.
- Should a craft enterprise process and invoice order requests outside the platform, Buildigo shall be entitled to levy a commission of 10% of the amount invoiced (max. CHF 400).
VII 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 website.
VIII Obligations of the craft enterprise
- The craft enterprise undertakes to comply with the recognised rules and standards of its sector concerning the procedure for service provision and the quality of work results. It shall furthermore only call on third parties (e.g. sub-contractors) that also uphold these obligations.
- The craft enterprise is obliged to upload all offers and invoices arising from requests via Buildigo to the platform or to report them subsequently.
- The craft enterprise must able in the event of additional costs or offers not accepted via the platform to supply proof of their approval by the customer.
- The craft enterprise endeavours to comply with the following response times with regard to order requests:
- Response to order requests (interested/not interested): on working days within 24 hours
- Contacting the customer after accepting an order request:
- In cases of emergency / repairs required immediately: on same day as order acceptance. At weekends on next working day.
- For larger projects that are less time-critical: initial contact with customer within two working days.
- If a customer cannot be contacted, the craft enterprise must note this at the applicable place on the platform. The customer will then automatically receive notification by e-mail. However, this does not release the craft enterprise from making further attempts to contact the customer.
IX Guarantee / liability
- The craft enterprise guarantees to complete its application for access to the platform truthfully, completely and correctly and to notify Buildigo of any changes within ten days of their coming into effect.
- Buildigo offers no guarantee that the contracting parties fulfil their obligations to each other. The processing and enforcement of agreements lies in the sole responsibility of customers and craft enterprises. This does not apply to any payment guarantees pursuant to section V.
- 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 can only be held liable for loss or damage resulting from use of the platform if it has caused them through gross negligence or intent. Compensation is limited to the 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 for use of the platform commences upon the craft enterprise’s registration on the platform and acceptance of these terms and conditions.
- The contract applies for the duration of the concluded subscription. The craft enterprise can choose between a monthly and an annual subscription (contract duration).
- The craft enterprise may essentially terminate the contract at any time and with immediate effect. Fees already paid are not reimbursed.
- Termination by Buildigo is possible subject to a notice period of one month to the end of the contract duration.
- In the absence of notice of termination, the contract is tacitly renewed by the previous contract duration.
- Buildigo expressly reserves the right of extraordinary termination if there is an important reason to justify this. Important reasons in particular include:
- Repeated complaints from customers
- Repeated violation of the craft enterprise’s obligations pursuant to section VIII
- Bankruptcy notice or pending administration proceedings
XI Changes to these General Terms and Conditions of Business
- Buildigo reserves the right to amend these General Terms and Conditions of Business (GTC). Buildigo is obliged to notify the craft enterprise of the change at least 30 days prior to its entry into force by e-mail to the address saved in the user account and to make the amended GTC available.
- Should the craft enterprise object to the amended GTC, this shall entail termination of the contract at the end of the contract duration.
- If the craft enterprise makes unreserved use of the platform following notification of the amended GTC, this constitutes acceptance of the amended GTC.
XII 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”). Details are set out in the data protection policy, which may be viewed at www.buildigo.ch/en/legal/data-privacy.
- The craft enterprise is obliged also to treat the personal details of customers conveyed by Buildigo in accordance with the provisions of the FADP.
XIII Place of jurisdiction and applicable law
- The registered office/domicile of the craft enterprise or the registered office of Buildigo is agreed as place of jurisdiction for disputes between Buildigo and the craft enterprise arising from use of the platform. These GTC are governed exclusively by Swiss law.
- In case of interpretation issues between the different language versions of these General Terms and Conditions of Business, the German version shall take precedence.
Version 2.1 / 04. October 2023