General Terms and Conditions
§ 1 General
1. The contract between you, hereinafter referred to as the “Member”, and Home of Coworking GmbH, hereinafter referred to as the “Operator”, begins with registration at http://my.tessinerplatz.ch, hereinafter referred to as the “management system”. This contract is concluded for an indefinite period. The contract may be terminated in writing by either party in accordance with § 2. Unless otherwise stated, the billing period is 1 month.
2. With the membership, the Member obtains the right to book the Operator's services. The type and scope of the services result from this contract, the services offered in the management system, the price list in force at the time and the house rules.
3. Terms and conditions of the Member that conflict with or go beyond this contract do not become part of this contract without the express written confirmation of the Operator.
4. The offer is aimed at both private individuals and legal entities.
5. The Operator is entitled to have services under this contract performed by qualified third parties.
§ 2 Membership
1. The membership and the associated services are not transferable to third parties. In the case of legal entities, the membership may be used by all persons employed in the company.
2. In the event of a change in the VAT rate, prices change accordingly.
3. The Member undertakes to provide the requested data completely and correctly. If a change in the data provided occurs after registration, the Member is obliged to notify the Operator of the change without delay.
4. Access credentials and personal password may not be passed on to third parties and must be protected against unauthorised access.
§ 3 Termination / cancellation terms
1. Unless otherwise agreed, the contractual relationship is indefinite and can be terminated by both parties at any time at the end of a calendar month, subject to the notice period. Unless otherwise agreed contractually, the notice period is 1 month and, for FIX Desks, 2 months. The contract continues indefinitely on a monthly basis unless the Member terminates the membership. For annual memberships, the contract is automatically extended by one year. In the event of termination by the Member, advance payments are not refunded. The Member may use the booked services until the end of the contractual relationship. Termination may take place in writing, by email or via the management system; this also applies to termination without notice.
2. Both parties may terminate the contractual relationship without notice if there is grounds for extraordinary termination. For the Operator, grounds for termination without notice exist in particular if the Member is in arrears with more than one invoice. The Operator is also entitled to terminate without notice if the lease agreement between the Operator and its landlord is terminated on any legal grounds.
3. If a room booking is cancelled without the Operator being responsible for it, the Operator retains the claim to payment of the remuneration for services in the meeting area and the Coffee Bar in accordance with the order confirmation, depending on the remaining time until the booked service:
- Cancellation up to 30 days: no costs are charged
- 29 to 15 days: 25% of the agreed services are charged
- 14 to 8 days: 50% of the agreed services are charged
- 7 to 0 days: 100% of the agreed services are charged
§ 4 Community events
1. In consultation with the Operator, every Member is entitled to use the event space (Coffeebar) of the Operator outside regular opening hours (until 10 p.m. at the latest) free of charge for publicly accessible, non-commercial community events. Admission fees may expressly not be charged for such community events.
2. By way of an introduction, the Member is supervised in carrying out two events by the Community Manager or another member of the operating team commissioned to do so. Thereafter, the Member undertakes to assume responsibility for the event and the premises itself. The introduction includes event support (setting up, taking down, hosting), the handling of the technology, the use of the premises and compliance with the Operator's values. The areas of responsibility are set out in detail in the documents “Checklist Community Events” and “Community Rules of Engagement” and form an integral part of the T&C for the holding of community events.
3. The community Member may, on request and in consultation with the Operator, book additional services, such as technology (microphone, headset, mobile screen, stage setup, adapted seating, etc.) for an additional charge. The exclusion of admission fees for community events remains in place.
4. Regarding the liability of the Operator and the Member, the provisions set out in these general terms and conditions expressly apply.
5. Organisers of community events are, as community members, also brand ambassadors who represent the Coworking Lounge Tessinerplatz at the community event towards the participants and actively seek new memberships and expressions of interest, or forward these to the Operator. The coworking area can only be made accessible or shown to the interested public under the direction of the Operator.
6. The communication of the event should likewise be carried out by the Member in consultation with the Operator. The Operator may not be named as the organiser. This role lies with the Member. The Member agrees to designate the community event as co-branding. The logo of the Coworking Lounge Tessinerplatz must be recognisable in accordance with CI guidelines and with logo and wording. The information about the event (event title, description, images, logo/brand of the Member) must be made available to the Operator 4 weeks before the event, and the Member actively endeavours to promote the event on the PR channels.
§ 5 Services / place of performance
1. The Operator provides its services on the premises at Tessinerplatz 7 in Zürich and other defined locations.
2. With their membership, the Member receives the chargeable option of using a workplace including desk, chair, internet access and power connection. In addition, the Member can access a wide variety of services and offers of the Operator. These are subject to change and can be found in their current form in the management system and the valid price list.
3. 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 scope and/or certain times. Insofar as the type, scope and time of use are not regulated in this contract, the price list in force at the time applies in addition.
4. The services of the respective tariff must be used within one billing period. Any credit expires and is not refunded. If the Member does not change tariff, the minimum term of the already booked tariff is extended by 1 month, unless otherwise agreed in writing. (For annual memberships, see § 2 no. 5.) A change of tariff can be requested at any time and takes place after fulfilment of the minimum term of the current tariff.
5. A maximum of three events of the Operator may take place in the coworking area per month, during which facilities are unavailable or available only to a limited extent. In addition, the Operator has the right to use all of the Operator's premises for events on two days per year, during which the usual use of the coworking area, the meeting rooms and the catering area is restricted or not possible. The event date is announced at least 2 weeks in advance. The Member has no claims due to the reduced opening times. The Member is obliged, at the Operator's request, to remove all of their own belongings from the affected areas. Events in other premises are not included here.
6. The Member is obliged to register in the management system upon arrival at the Operator's premises and to use the WLAN “work@coworking” with their personal access data for this purpose. To do so, the Member needs at least a “day pass” or a corresponding credit in the tariff in order to be allowed to use the services. If registration is not possible for technical reasons, the Operator must be informed without delay.
7. The Member checks the suitability of the equipment before beginning to use it. Its functionality is deemed acknowledged upon the start of use.
8. The workplace may only be used by the registered private individual or legal entity and for the stated purpose.
§ 6 Rules of use
1. The Member is obliged to be instructed in the proper and safe handling of all facilities provided by the Operator, or to follow the available instructions.
2. The use of all of the Operator's facilities is at the Member's own risk.
3. The Member must behave in such a way that proper and safe operation is not impaired and that other persons are neither endangered nor disturbed.
4. The Member is obliged to treat all of the equipment properly and to use it for its intended purpose. Members are liable for all damage caused by their fault.
5. Damage to furnishings or the building must be reported to the Operator in writing without delay.
6. The Operator operates a public café with a catering offer and places value on a sustainable concept. The customer acknowledges that, when booking meeting rooms, only the Operator's offer for food and drinks may be used. Bringing your own food and drinks and commissioning an external provider are not permitted.
§ 7 Prices and tariffs
1. The prices and tariffs can be viewed at any time at http://my.tessinerplatz.ch or in the management system.
2. Prices and tariffs can be changed by the Operator at any time and take effect immediately.
3. The administration and ordering of the Operator's services is carried out by each Member themselves in the management system.
§ 8 Access conditions and rules of conduct
1. The Member recognises the public house rules as binding.
2. Access to the premises is possible for the Member, unless otherwise stated in the tariff or booking information, during regular opening hours (07:00 – 19:00). For members with unlimited access, the Operator ensures access to the premises via a locking system. The access data for the locking system is personal and may not be passed on. It is at the Operator's discretion to determine the type of access.
3. Every Member undertakes, when they are the last to leave the Operator's premises, to carry out the following measures:
- Closing all windows
- Switching off all lights that are not controlled automatically
- Closing the doors and checking whether the main entrance is closed after regular opening hours
4. The loss of a key or the access data must be reported to the Operator without delay. The Member undertakes to pay for all resulting damage.
5. A payment default by the Member entitles the Operator to withhold its services until the payment arrears are settled. The exercise of the right of retention does not entitle the Member to terminate the contract and to reduce the fee for services incurred during the period of retention.
6. A “clean desk policy” applies to the FLEX area. This means that the workplaces and common areas must be completely cleared by the Member at the end of each day of use. It is not permitted to place personal items such as monitors, keyboards, storage compartments or the like on a permanent basis. Members with a FIX Desk may place personal items permanently on the area available to them. In order not to hinder cleaning and to offer a pleasant and tidy atmosphere in the coworking spaces, larger accumulations of materials and stacks of paper are to be avoided, and the workplace must be cleared every evening. Occupied areas in the FIX Desk area are not cleaned.
7. The Member may only use the services stated in the tariff. Resources that are not included in the booked tariff must be booked separately for use via the management system.
§ 9 Availability
1. For all tariffs, the availability of workplaces expressly cannot be guaranteed, unless otherwise stated in the tariff or booking information.
2. The allocation of places in the coworking spaces is generally carried out by the Operator. In exceptional cases, where there is a corresponding operational need, relocations can be carried out in consultation with the Member with a notice period of 10 working days.
3. Unless otherwise stated in the tariff or booking information, workplaces cannot be reserved. The use of these facilities is only possible for as long as unused units are available.
4. Queries and complaints can only be communicated to the Operator by email to hello@gallery-office.ch.
§ 10 Liability of the Operator
1. The Operator accepts no liability for damage to or loss of items on the Operator's premises. Liability for intentional and grossly negligent damage is excluded from this. Every Member is responsible for their own belongings. It is incumbent upon them to insure their property sufficiently and to protect it against unauthorised access by third parties. Insofar as the Operator is liable for financial or personal loss towards one or more Members and this is not based on an intentional or unlawful act, liability is limited to CHF 1,000.00 per Member. If the claim for damages arises from a single act or a single damage-causing event towards several Members and this is not based on an intentional unlawful act, the obligation to pay damages is, notwithstanding the foregoing, limited to a total of CHF 15,000.00. If the claims of several Members exceed this maximum limit, the claim of the individual Member is reduced in the proportion that the total of all claims for damages bears to the maximum sum. The foregoing limitation of liability does not apply to claims for compensation for the damage arising from the delay in payment of damages. The liability limit includes all out-of-court and court costs.
2. The Operator is not liable for personal injury and property damage. In the event of grossly negligent or intentional causing of such damage by the Operator or a legal representative or a vicarious agent (specialist advisor, supervisor, etc.), the Operator is liable within the scope of the existing insurance contracts.
3. In the case of slightly negligent breaches of contract, the Operator is only liable if it concerns an obligation essential to the performance of the contract.
4. Any alleged claims must be asserted against the Operator without delay.
5. Further claims for damages are excluded.
§ 11 Liability of the Member
The Member is liable for all self-caused damage to rooms, equipment and items borrowed or provided by the Operator in the full amount of the replacement value. This also applies in the event of the loss, damage by third parties or theft of an item that was borrowed or provided to the Member by the Operator. The Member is also liable for all consequential damage arising from the failure or impairment of the operation or an item of the Operator. The Operator recommends that every Member take out appropriate private or business liability insurance. For holding community events as an organiser, presenting proof of liability insurance is mandatory.
§ 12 Internet access
1. The Member undertakes not to use the internet access improperly. The Operator does not guarantee any particular quality of the internet connection.
2. The Member must respect all national and international copyrights. In the event of a copyright infringement, the Member is solely liable. Insofar as the Operator is held liable for this, the Member undertakes to indemnify the Operator from these claims immediately upon first request. Whether the claims asserted against the Operator are justified in principle and in amount is irrelevant. The Member can only assert these objections against the claimant.
3. It is solely incumbent upon the Member to take precautions against all types of data loss, transmission errors, operational disruptions, etc. It is likewise incumbent upon the Member to take suitable backup and security measures.
4. The Operator grants the Member access to the internet and establishes the connection. The content available via the internet is not offered by the Operator but by third parties. The Operator accepts no responsibility or liability for the legality and quality of the content and services offered by third parties and accessible to the Member, or for their use by the Member. The Operator is not liable for the use or download of harmful or damage-causing files. Any usage fees incurred are to be paid by the Member. The Member is not authorised to bind the Operator externally.
5. The Operator points out to the customer that misuse by other users is possible on the internet and that files may be used which endanger the Member's computer system and the security of their data. The Operator therefore accepts no liability for damage arising from the use of the internet. Liability for intentional or grossly negligent damage is excluded from this. The Operator's services do not release the Member from their obligation to comply with the usual and recognised security standards, such as the use of regularly updated anti-virus and warning programs, plausibility checks of incoming data, regular data backups, regular changing of passwords and usual access controls.
§ 13 Service disruptions
The Member must notify the Operator of service disruptions without delay. The Operator will remedy the disruptions without delay within the scope of the existing technical and operational possibilities. The Operator undertakes to begin remedying the disruption within one working day.
§ 14 Data collection
1. The monthly usage volume of the internet connection, electricity consumption, printer use and coffee consumption of the Member may be recorded and stored by the Operator. In the event of excessive consumption, the Member is notified in good time. The Member may be charged for any additional costs incurred.
2. Video recordings from surveillance systems, internet logs, attendance logs and access logs may be recorded and stored.
§ 15 Data protection
1. The Operator observes the provisions of the Swiss Federal Act on Data Protection (DSG).
2. The Member agrees that their personal data provided is stored on data carriers. The Member also consents to the transfer of their data for the purpose of a credit check. The Operator may pass on the data to third parties that provide services for the Operator that are necessary for operation. The data may be analysed and presented for various purposes within the space.
3. After the end of the membership, the Member may request the deletion of their data, provided that the Operator has no legitimate interest in the data. A legitimate interest exists in particular if the Operator still has claims against the Member.
§ 16 Billing and payment
1. The Operator is free to demand payments in advance for booked services. Invoices are generally issued monthly and can be accessed at any time via the management system. The invoice is due immediately upon issue and is either automatically debited by credit card or is to be settled by bank transfer upon receipt. In the event of an unsuccessful credit card debit, the Member undertakes to notify the Operator of this without delay and to transfer the amount due to the account stated on the invoice. A processing fee of CHF 20.00 net may be charged, which may be invoiced to the Member in the next billing period. For payment by bank transfer, a processing fee of CHF 10.00 net may also be charged per invoice.
2. After five working days have elapsed, the Member is in default and owes the statutory default interest as well as cost-covering reminder fees and, where applicable, collection costs, including court and lawyer's fees. The Operator reserves the right to assign outstanding invoice amounts, including accrued default interest, expenses and costs, to a company commissioned with collection. In this case, annual interest of up to 15 percent from the due date may be charged on the outstanding amounts. The company commissioned with collection will assert the outstanding amounts in its own name and for its own account and may charge additional processing fees. The receipt of payment by the Operator is decisive.
§ 17 Photos, livestreams, events, media presence, press
The Member consents to the Operator making photographs and video recordings on the Operator's premises. The Operator is expressly authorised to use the recordings made for any business-promoting purpose. The Member expressly consents to publication on the internet and in all other media.
§ 18 Mail receipt service
1. If the Member uses the Operator's chargeable mail receipt service, they undertake to collect their incoming mail at least once a week. Incoming mail is stored by the Operator for one week. After the week has elapsed, the Operator is entitled to send the incoming mail to the address stated by the Member on registration. A forwarding fee of CHF 30.00 net plus postage is agreed for forwarding per mail item.
2. As an alternative to forwarding, the Member can also rent a mailbox from the Operator. The Operator is authorised to open the Member's mailbox and deposit the incoming mail in the mailbox. With the dispatch of the incoming mail, or with its deposit in the mailbox, the Operator's responsibility for the Member's incoming mail ends.
3. If the Member's incoming mail does not fit into the mailbox, the Operator is entitled to send the mail items after the storage period has elapsed at the fees stated above.
4. Mail of the Member that reaches the Operator after the end of the usage period of the mail receipt service or after the end of the membership can be forwarded by the Operator to the Member's last known address at the conditions stated above. There is no obligation to do so. If the mail cannot be delivered to this address, the mail passes into the ownership of the Operator without compensation. Ownership likewise passes to the Operator without compensation if the Operator has informed the Member of incoming mail at the stated email address and has stored the mail for two months without the Member having collected their mail.
§ 19 Changes to the membership contract
1. Changes to the membership contract are offered to the Member at the latest one month before the proposed date on which they take effect, by email or in the management system and at http://my.tessinerplatz.ch.
2. Consent to the changes is deemed given if the Member has not indicated their rejection before the proposed date on which they take effect. The Operator will then base the further business relationship on the amended version of the membership contract.
§ 20 Final provisions
1. This contract replaces all previous contracts and agreements between the parties. Ancillary agreements and amendments to this contract require the written form. This also applies to the cancellation of the aforementioned written form requirement. The parties declare that no ancillary agreements or amendments exist outside this contract. The partial or complete invalidity of one of the foregoing provisions or its unenforceability does not affect the validity of the contract in other respects.
2. 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 applies accordingly in the event of gaps in this contract.
§ 21 Applicable law & place of jurisdiction
Swiss law applies to the contractual relationship. The exclusive place of jurisdiction is Zürich.
General Terms and Conditions of Home of Coworking GmbH; last updated 11.05.2020