General Terms and Conditions CoWorkingVillars
1 General
The contract between you, hereinafter referred to as the "Member", and CoWorkingVillars (Gerance Service SA trading as CoWorkingVillars) hereinafter referred to as the "Operator", begins with your registration at http://coworkingvillars.ch, hereinafter referred to as the "Management System". This agreement is concluded for an indefinite period of time. The contract may be terminated in writing by either party in accordance with § 2. Unless otherwise stated, the billing period is 1 month.
With the membership the member receives the right to book the services of the operator. Type and scope of services are determined by this contract, the services offered in the management system, the valid price list and the house rules.
Terms and conditions of the member which contradict or exceed this contract shall not become part of this contract without the express written confirmation of the operator.
The offer is addressed to both private and legal persons.
The operator is entitled to have services within the scope of this contract provided by qualified third parties.
2 Membership
Membership and the associated services are not transferable to third parties. In the case of legal entities, membership may be used by all persons employed by the company.
In the event of a change in the VAT rate, the prices will change accordingly.
The member undertakes to provide the requested data completely and correctly. If after the registration a change of the indicated data occurs, then the member is obligated to communicate the change immediately to the operator.
Access identification and personal password may not be passed on to third parties and must be protected from unauthorized access.
Both parties may terminate the contractual relationship monthly up to 14 days before the end of the billing period. The contract ends after fulfilment of the minimum term of the currently valid tariff for the member. In the case of annual memberships, the contract is automatically extended by one year. In the event of termination by the member, advance payments will not be refunded. The member can claim the booked services up to the end of the contractual relationship. Cancellation can be made in writing or by e-mail, this also applies to cancellation without notice. Deactivation via the administration system does not constitute termination.
Both parties may terminate the contractual relationship without notice and without notice if there is a reason for extraordinary termination. For the operator, a reason for termination without notice exists in particular if the member is in default of payment with more than one invoice. The operator is also entitled to termination without notice if the rental contract between the operator and his landlord is terminated on whatever legal grounds.
Former members will be charged a reinstatement fee of CHF 60 including VAT if the contract is renewed within the first 6 months after the end of the previous contractual relationship. Former members are obliged to inform the operator when the previous contractual relationship was terminated.
3 Services / Place of performance
The operator provides all his services exclusively in the rooms at Rez, Muveran building, 115 Avenue Centrale and in some cases the main offices of Gerance Services SA 115 Avenue Centrale, 1884 Villars Sur Ollon.
With his membership, the member receives the opportunity, subject to a fee, to use a workplace including table, chair, Internet access and electricity. In addition, the member can access various services and offers of the operator. These are subject to change and can be found in their current form in the administration system and the valid price list.
The use of the operator's services is subject to different tariff types. Depending on the tariff type, the possibility of use is limited to a certain extent and / or certain times. As far as type, extent and time of use are not regulated in this contract, the respectively valid price list shall apply in addition.
The services of the respective tariff must be used within a billing period. Any credit expires and will not be refunded. If the member does not change the tariff, the minimum term of the tariff already booked is extended by 1 month, unless otherwise agreed in writing. (Annual memberships see §2 No. 5) The tariff change can be applied for at any time and takes place after the minimum term of the current tariff has been fulfilled.
A maximum of three events of the operator can take place per month during which facilities are not available or are limited. The date of the event will be announced at least 2 weeks in advance. The member has no claims due to the shortened opening hours. The member is obliged to remove all his own objects from the affected areas.
The member is obliged to register in the administration system upon arrival at the operator's premises. The member must always have at least one "day pass" available or included in the tariff in order to use the services. If registration is not possible for technical reasons, the operator must be informed immediately.
The member checks that the equipment is in order before starting to use it. The functionality of the equipment is recognised at the beginning of its use.
The workplace may be used by the member and only for the company mentioned at the beginning and for the specified purpose.
4 Rules of use
The member is obliged to be instructed in the proper and safe handling of all equipment provided by the operator or to follow the available instructions.
The use of all facilities of the Operator is at the Operator's own risk.
The member must behave in such a way that proper and safe operation is not impaired and that other persons are neither endangered nor harassed.
The member is obliged to treat the entire facility properly and to use it for its intended purpose. Members are liable for all damages caused by their fault.
Damage to furnishings or the building must be reported to the operator immediately in writing.
5 Prices and tariffs
The prices and tariffs can be viewed at any time on http://coworkingvillars.ch or in the management system.
Prices and tariffs may be changed by the Operator at any time.
The administration and ordering of services of the Operator is carried out by each Member himself in the management system.
6 Access conditions and rules of conduct
The member accepts the public house rules as binding.
Unless otherwise stated in the tariff or booking information, the member may access the premises during the regular opening hours (7:30 - 18:30). For members with unlimited access, the operator ensures access to the rooms via smartphone app, key or access card. It is at the discretion of the Operator to determine the type of access.
Each member undertakes to take the following measures when the last to leave the operator's premises:
- Close all windows
- Turnoff all lights
- Close the doors
The loss of a key or an access card must be reported to the operator immediately. The member undertakes to pay all damages resulting from this.
A delay in payment of the member entitles the operator to withhold his services until the payment arrears have been settled. The exercise of the right of retention does not entitle the member to terminate the contract and to reduce the fee for services rendered during the period of retention.
Each Member is obliged to completely vacate his/her workplace after the end of use, unless otherwise stated in the tariff or booking information.
The member may only use the services specified in the tariff.
Resources that are not included in the booked tariff must be booked separately via the administration system for use.
All workplaces and common areas must be left by the Member in an orderly, clean and usable condition after use. All personal belongings of the member must be removed upon termination of use.
7 Availability
For all tariffs, the availability of workstations can expressly not be guaranteed, unless otherwise stated in the tariff or booking information.
Unless otherwise stated in the tariff or booking information, workstations cannot be reserved. The use of these facilities is only possible as long as unused units are available.
Questions and complaints can be communicated to the operator exclusively by E-Mail to info@coworkingvillars.ch
8 Liability of the operator
The operator assumes no liability for damage or loss of objects in the premises of the operator. The liability for intentional and grossly negligent damage is excluded from this. Each member is responsible for his own objects. It is incumbent upon him to sufficiently insure his property and to protect it from unauthorized access by third parties. If the operator is liable to one or more members for property damage or personal injury and is not based on an intentional or unlawful act, the liability is limited to CHF 10,000.00 per member. If the claim for damages arises from a uniform act or a uniform event causing damage against several members and this is not based on an intentional tortious act, the liability for damages shall be limited to CHF 500,000.00, notwithstanding the above. If the claims of several members exceed this maximum limit, the claim of the individual member shall be reduced in proportion to the sum of all claims for damages to the maximum amount. The above limitation of liability does not apply to claims for compensation of the damage caused by the delay in payment of damages. The liability limit includes all extrajudicial and judicial costs.
The operator is not liable for personal injury or damage to property. In the case of grossly negligent or intentional causation of such damages by the operator or a legal representative or a vicarious agent (consultant, supervisor, etc.), the operator is liable within the framework of the existing insurance contracts.
In the case of simply negligent breaches of contract, the operator is only liable if it is an essential obligation for the execution of the contract.
Any asserted claims are to be asserted immediately against the operator.
Further claims for damages are excluded.
9 Liability of the member
The member is liable for all self-inflicted damage to rooms, equipment and items borrowed or provided by the operator to the full amount of the replacement value. This also applies in the event of loss, damage by third parties or theft of an item lent or given to the member by the operator. The member is also liable for all consequential damages caused by failure or impairment of the operation or an object of the operator.
10 Internet access
The member undertakes not to misuse the Internet access. The operator does not guarantee a certain quality of the Internet connection.
The member has to respect all national and international copyrights. In case of violation of copyrights, the member is solely liable. As far as the operator is used for this, the member commits himself to release the operator from these demands immediately on first request. It does not depend on a justification of the claims asserted against the operator according to the reason and the amount. The member can only assert these objections against the claimant.
It is the member's sole responsibility to take precautions against all types of data loss, transmission errors, operational disruptions, etc. to take precautions. It is also the member's responsibility to take appropriate security and safety measures.
The operator grants the member access to the Internet and establishes the connection. The contents accessible via the Internet are not offered by the operator, but by third parties. The operator assumes no responsibility and liability for the legality and quality of the contents and services offered by third parties and retrievable by the member as well as their use by the member. The operator is not liable for the use or download of damaged or damage-causing files. Any user fees incurred are to be paid by the member. The member is not authorized to obligate the operator in the external relationship.
The operator points out to the customer that in the Internet abuse by other users is possible and files can be used to endanger the computer system of the member as well as the security of his data. The operator therefore assumes no liability for damages arising from the use of the Internet. The liability for intentional or grossly negligent damages is excluded from this. The services of the operator do not release the member from his obligation to comply with the usual and recognised security standards, such as the use of regularly updated anti-virus and warning programs, plausibility checks for incoming data, regular data backup and password changes as well as normal access control.
11 Default in performance
The member must inform the operator immediately of any service disruptions. The operator will eliminate the disturbances immediately within the scope of the existing technical and operational possibilities. The Operator undertakes to begin rectification within one working day.
12 Data acquisition
The monthly data volume of the member's Internet connection, electricity consumption and printer usage may be recorded and stored by the operator. In the event of excessive consumption, the member will be notified in good time. Additional costs incurred may be charged to the member.
The video recordings of the surveillance system, Internet protocols, attendance protocols, access protocols and coffee consumption are recorded and stored.
13 Data protection
The operator observes the provisions of the Swiss Federal Data Protection Act (DSG).
The member agrees that his personal data may be stored on data carriers. The member also consents to the transmission of his data to credit agencies for the purpose of credit assessment. The operator may forward the data to third parties, the services for the operator, which are necessary for operation.
The member can demand the deletion of his data after termination of the membership, as far as the operator has no justified interest in the data. A justified interest exists in particular if the operator is still entitled to claims against the member.
14 Accounting and payment
The operator is free to demand advances for booked services. Invoices are usually issued monthly and can be retrieved at any time via the administration system. The invoice is due immediately upon creation and is either automatically collected by credit card or is to be paid upon receipt by bank transfer. In the event of failure to debit by credit card, the member undertakes to inform the operator immediately and to transfer the amount himself to the account specified in the invoice. A processing fee of CHF 5.00 net will be charged to the member for the next billing period.
At the end of five working days, the member is in default and owes the statutory default interest as well as cost-covering dunning charges and, if applicable, collection costs, including court and attorney fees. The operator reserves the right to assign open invoice amounts, including accrued interest on arrears, expenses and costs, to a company commissioned with the collection. In this case, an annual interest rate of up to 15 percent from the due date can be charged on the outstanding amounts. The company commissioned with the collection will assert the outstanding amounts in its own name and on its own account and may charge additional processing fees. The receipt of payment by the operator is decisive.
15 Photos, Livestreams, Events, Media Presence, Press
The member agrees that the operator may take photographs and make video recordings on the operator's premises. The operator is expressly authorized to use the recordings for any business promoting purpose. The member expressly consents to publication on the Internet and all other media.
16 Mail Reception Service
If the member uses the operator's mail reception service, he undertakes to collect his incoming mail at least once a week. Incoming mail will be stored by the operator for one week. After the end of the week, the operator is entitled to send the received mail to the address given by the member in the registration. For forwarding, a forwarding fee of CHF 10.00 net plus postage is agreed for each mail item sent.
As an alternative to forwarding, the member can also rent a locker from the operator. The operator is authorised to open the member's locker and deposit the incoming mail there. The operator's responsibility for the member's incoming mail ends when the incoming mail is sent or deposited in the locker.
If the mail received from the member does not fit into the locker, the operator will send the mail items at the end of the storage period at the above fees.
Post of the member, which reaches the operator after expiration of the period of use of the post receiving service or after termination of the membership, can be forwarded by the operator to the last known address of the member under the above conditions. There is no obligation to do so. If the mail cannot be delivered at this address, the mail will become the property of the operator without compensation. Likewise, the ownership is transferred to the operator without compensation if the operator has informed the member at the specified e-mail address about an incoming mail, has stored the mail for two months, without the member has picked up his mail.
If the Member has not reached an agreement with the Operator regarding the receipt of mail and the Member nevertheless receives items addressed to the Member, the Operator shall be entitled to charge the Member a fee of CHF 3.00 net per item received.
17 Amendments to the Membership Contract
Amendments to the membership contract shall be offered to the member at the latest one month before the proposed date of their entry into force by e-mail or in the administrative system and at http://coworkingvillars.ch
The approval of the changes is considered given if the member has not indicated his rejection before the proposed date of entry into force. The operator will then base the further business relationship on the amended version of the membership contract.
18 Final provisions
This contract replaces all previous contracts and agreements between the parties. Collateral agreements and amendments to this contract must be made in writing. This also applies to the cancellation of the above written form requirement. The parties declare that no additional agreements or changes exist outside of this contract. The partial or complete invalidity of one of the above provisions or its non-feasibility shall not affect the validity of the remainder of the contract.
The parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that comes closest to the economic objective of the invalid or unenforceable provision. This agreement shall apply mutatis mutandis in the event that this contract is incomplete.
19 Applicable law & place of jurisdiction
Swiss law shall apply to the contractual relationship. The exclusive place of jurisdiction is the commune of Ollon.
CoWorkingVillars (Gerance Services SA trading as CoWorkingVillars) last update 22.10.2018
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