Terms and Conditions
1. General
daycrunch is a service provided by Performance Buildings AG, Regensdorf (hereafter PB).
These Terms and Conditions regulate the rights and obligations of PB and users of for services delivered by PB to its customers.
Deviations from these Terms and Conditions are only valid if they are made in writing.
2. Conclusion of a Contract
A Right to Use contract (abbreviated as contract) under these Terms and Conditions, comes into effect with the booking of a shared conference room or shared workpoint (abbreviated as shared space) via the daycrunch platform and confirmation from PB or dedicated workpoints, offices or conference rooms (abbreviated as dedicated space) via a written service agreement or the daycrunch platform with confirmation from PB.
Contract partners are PB based in Regensdorf and the customer.
3. Agreement Scope
PB is obliged to provide the space and related services booked by the customer according to these Terms and Conditions.
The customer is obliged to pay for the space and used services according to the set or negotiated prices. This includes third party services and expenses ordered through PB by the customer.
4. PB Services
PB will provide space, including WC facilities, during normal office hours on an ad-hoc basis.
PB has the right to temporarily suspend the provision of its services due to circumstances outside its control such as political riots, strikes or technical failures.
The customer may not use of the name daycrunch in conjunction with their business in any way. The customer is not permitted to use the address of the daycrunch site for their business without the express written permission of PB.
5. Rights and obligations of the Customer
The customer is permitted to use the reserved shared or dedicated space solely as an office space.
The customer is not permitted,
- to hinder or deny PB rights or access to the space,
- to use the space in any way other than for the business of the customer or agreed use. The customer must do nothing illegal in connection with its use of the space. Overnight stays are expressly forbidden,
- to install any furniture, devices or any other infrastructure without the express permission of PB,
- to change the infrastructure in the space,
- to disturb other daycrunch space users. The customer is obliged to act with consideration for other users.
- to damage the infrastructure in the space,
- to bring indoor into the space, and use, devices that are designed for outdoors,
- to bring their pets into the space,
- to smoke indoors within the space,
- to project or place anything on the walls, corridor or signage of the space without prior permission from PB.
Compliance with the house rules and instructions of the buildings Facility Management: The customer must follow all rules and regulations imposed by Facility Management with regard to Health and Safety, fire regulations and other reasons. These rules can vary from location to location and a copy can be requested onsite.
The customer is obliged to cover the costs of any damage they cause, to PB and its employees, through their use of the space.
In case the customer obtains information that is destined for other users or originates from other users, the customer is obliged to destroy all copies of such information. The use of such information is forbidden.
6. Reservation and Use
Reservation of shared or dedicated space is conducted online with the daycrunch booking engine.
The customer is obliged to provide a proof of identity on site in the form of a valid document such as an Identity Card, Passport, Employee Badge or Drivers License.
The customer is obliged to register any guests via the daycrunch booking engine without exception.
The customer is themselves responsible for the self-service use of the space on-site. Support on location is not guaranteed. In urgent cases, the customer may call the phone number +41 43 388 83 46 with their questions.
The customer is obliged to leave the space in a clean and orderly state. In case of transgression, PB is authorised to charge the customer a compensation amounting to 20% of the regular fee.
Should the customer forget and leave behind any property in the space, it is their responsibility to recover it. PB undertakes no liability for the left property and has the right to dispose of the property, one week after the use of the space, without having to search for the owner.
The right to use the space for the reserved duration can not be transferred.
PB will maintain customer data for a minimum of three months, unless the customer expressly requests a longer period.
7. Cancellation
The customer has the right to cancel a reservation 1 business day before the start. After this time the full amount is due.
For open ended bookings, without a defined end time and date, either party can terminate the contract at any time with one months notice unless otherwise agreed in writing.
PB has the right, without any financial consequences for PB, to cancel the contract for an important reason, especially in case the space is reserved with misleading or false important information, for example, regarding the customer’s personal information or the usage purpose.
8. PB Liability
Should disruptions or defects occur in respect of the services from PB, PB will take remedial action upon the immediate notification by the customer. No support will be provided if the customer neglects to draw PB’s attention to the defect immediately. In no case shall this result in any right whatsoever to a reduction of the contracted fee.
PB s is not liable for any loss resulting from PB’s failure to provide any services.
PB is not liable for any failures or defects. Once PB has been notified, PB will make an effort to apply corrective measures within a reasonable time. In particular, is PB is not liable for any data losses or failure of its Information Systems.
The customer is responsible, for the duration of their stay, for their equipment and the customer is liable for any damage or losses to all infrastructure and devices that are the property of PB and third parties.
9. Price and Payment Terms
Invoices from PB are due immediately after the reservation in full. The fees are all inclusive and include services such as lighting, heating and use of the infrastructure.
For late payments, PB has the right to charge an interest on arrears of upto 5% of the total. PB has the right to enforce a higher compensation. For every reminder or warning beyond the due date PB may charge a fee of Fr. 10.00.
The fee will amount to a total for the rental of the space as well as any additional services that were ordered at the time of reservation.
As long as no authorised account exists with PB, the payment is to be made via credit card at the time of reservation. In case an account is setup, PB is authorised to take the fees due after a booking is completed.
10. Further Terms
If a party neglects to enforce a provision from these Terms and Conditions or to exercise a right from this contract, then this may not be construed as an abandonment of that clause or rights. In particular this will not have any bearing on the validity of the contract and the rights of any party to enforce any provisions at a later time.
If an article or provision of these Terms and Conditions is or becomes illegal, invalid, or unenforceable, it shall not affect the validity of any other provision of this Agreement. In such a case the parties may open negotiations solely with respect to a substitute for such an article or provision.
11. Applicable Law and Jurisdiction
These Terms and Conditions are governed and will be interpreted in accordance with Swiss Law.
The ordinary court of Dielsdorf shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.