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.
- 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
- 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 insurance cover must comprise personal injury and property damage with a limit of liability of at least CHF 5 million.
- The eligibility check pursuant to the requirements of anti-money laundering law is positive. The applicable requirements are communicated by Buildigo (“KYC – know your customer”).
- The craft enterprise shall provide Buildigo with all information and documents that Buildigo requires for the eligibility check for the prevention of money laundering.
- By requesting access to the platform, the craft enterprise commissions Buildigo to open a customer account in its name with a payment service provider.
- There is no legal right 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 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.
- 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
- 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.
- 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.
- 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 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 on behalf of the craft enterprise and dispatches it via the platform. The customer pays the invoice via the platform.
- 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.
V Invoicing and payment
- Buildigo collaborates with third-party providers for invoicing and payment.
- Users can make their payments by credit card or bank transfer. The costs of the selected payment means are not charged additionally to the craft enterprise.
VI Fees, commission and settlement
- The craft enterprise pays an annual fee for accessing the Buildigo platform, the amount of which is shown on the Buildigo website (annual fee).
- The craft enterprise additionally pays Buildigo commission of 5% for each order brokered via the platform.
- All amounts are quoted exclusive of value-added tax. This is additionally payable at the applicable rate in force.
- Buildigo shall invoice the craft enterprise each annual fee in advance.
- Buildigo shall draw up a statement at regular intervals of all orders brokered and services provided in the settlement period. The craft enterprise can view its statements and payment status online.
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 homepage.
VIII Obligations of craft enterprises
- 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 execute fixed-price orders at the accepted price.
- Should the craft enterprise discover in the case of fixed-price orders that the situation on site differs significantly from that to be expected or described in the request, it is obliged to notify the customer and Buildigo of this immediately. If the craft enterprise carries out the order, it can only invoice the customer for additional costs with the latter’s express approval.
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 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 starts on the first day of the calendar month in which Buildigo provides the craft enterprise with access to the platform.
- The contract is concluded for a term of 12 months. The contract is automatically renewed for another 12 months if not terminated by one party subject to a notice period of 30 days to the end of the current term. The contract can be terminated via the communication means on the platform, by e-mail or in writing.
- The right of extraordinary termination remains expressly reserved if there is an important reason to justify this. Important reasons in particular include
- repeated complaints from customers concerning quality and deadline compliance in the processing of orders by the craft enterprise;
- 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 current term.
- 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”). The craft enterprise grants Buildigo the right to record, save and if necessary evaluate all data, accesses, transactions, changes and movements of the craft enterprise during use of the platform. By uploading its data, the craft enterprise authorises Buildigo also to process this data within La Mobilière Group for marketing purposes and for existing and future customer relations, as well as for purposes explicitly stated when the data are collected or obviously connected with the provision of said data.
- The craft enterprise is responsible for the lawful processing of personal data and in particular also for obtaining any necessary consent from the persons affected. The data are treated by Buildigo in confidence. Where data are sent by e-mail, this takes place in unencrypted form.
- Data hosting is carried out at Amazon Web Services EMEA SARL, 8 Avenue John F. Kennedy, L-1855 Luxembourg. The servers are in Frankfurt.
XIII Place of jurisdiction and applicable law
The registered office/domicile of the craft enterprise or the registered office of Buildigo (currently Berne) 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.