01.02.2023, Unterengstringen

1. subject of the contract conditions

The Internet platform www.ernoi.ch (hereinafter referred to as the “Internet platform”) is used for the processing of invitations to tender and automated coordination of projects between the client and craft enterprises. It is operated by Cloudworks AG. There are two groups of customers who use the Internet platform: On the one hand, customers who advertise and award contracts on the Internet platform, and on the other hand, suppliers who offer to execute the advertised contracts. The present contractual conditions regulate the relationship between Cloudworks AG and the customer (client). With the use of the internet platform, the creation of a user account and/or the creation of an inquiry, the present General Terms and Conditions are expressly deemed to be accepted by the interested party. Any deviations require a written agreement or supplementary contractual works.

2. internet platform

Cloudworks AG does not act as a proxy or in any other representative capacity for the customers. The content, conclusion, validity and execution of a contract for the provision of services or for the delivery of products advertised or offered via the Internet platform are the sole responsibility and liability of the customers among themselves. Cloudworks AG does not bear any responsibility in this respect and does not provide any services whatsoever for the execution of the contracts concluded via the Internet platform and/or the enforcement of the claims resulting from these contracts. The settlement of claims arising from a contract concluded between the customers via the Internet platform is the sole responsibility of the customers among themselves. The Internet platform merely provides a tool, free of charge for the client, which is intended to support project execution with regard to the coordination of tasks between the client and the contractor.

3. conclusion of contract

The prerequisite for using the Internet platform as a customer is initially a free registration. Part of the registration process is the acceptance of these terms and conditions. Cloudworks AG checks the registration and decides about the admission as a customer. With the admission of the customer by Cloudworks AG, a contract between the customer and Cloudworks AG regarding the free services of the Internet platform is created, which is governed by the provisions of these contractual terms and conditions and is hereinafter referred to as the “registration contract”. There is no entitlement to admission or its maintenance. With the possible use of chargeable services, the customer enters into a further contractual relationship with Cloudworks AG (hereinafter referred to as “Additional Agreement”). Prior to the conclusion of such an additional contract, the customer shall be informed of the obligation to pay costs on the Internet platform. The contractual relationship for chargeable services arises from the fact that the user accepts the payment obligation on the Internet platform by clicking on a corresponding confirmation field. Cloudworks AG may at any time request from the customer a version of these contractual terms and conditions or of a contract based thereon, which has been legally signed by the customer, and may restrict or discontinue the services of the Internet platform until such version is available.

4. contract duration and termination

The registration agreement between the customer and Cloudworks AG is concluded for an indefinite period of time and may be terminated by the customer and Cloudworks AG at any time without notice.

5. services

Cloudworks AG operates the Internet platform and provides related services (telephone support). By publishing invitations to tender on the Internet platform, customers indicate on their own responsibility and in their own name their interest in receiving offers from third parties within the tender period specified by them. Customers enter into a direct exchange relationship via the Internet platform. Cloudworks AG is in this respect only obligated to ensure the provision of the Internet platform and the possible forwarding of information thereon. The customer is entitled to use the Internet platform as intended for the exchange of declarations of intent.

6. services of the customer

The customer is obligated to refrain from attempting to intervene or have intervened, himself or through authorized third parties, in programs operated by Cloudworks AG. Furthermore, the customer is obligated to protect the passwords assigned to him or the users from access by third parties and to change them immediately or have them changed by Cloudworks AG if there are indications that unauthorized third parties may have gained knowledge of them. The customer is obligated not to misuse the internet platform in any way and in particular not to exchange any illegal or immoral content on it. The customer is obligated not to use the possible exchange of electronic messages for the unsolicited sending of messages or information to third parties, e.g. for advertising purposes (spamming) and to convince himself of the absence of viruses before transmitting data via the Internet platform.

7. price and service changes

Cloudworks AG is entitled to change its services according to section 5 at any time. The customer will be informed of such changes by email to his email address currently registered with Cloudworks AG. The changes come into force from the date of notification to the customer.

8. data protection and security

8.1. Confidentiality

The customer as well as Cloudworks AG mutually undertake, as well as their employees, subcontractors or auxiliary persons called in, to maintain the confidentiality of all documents and information which are not generally known and which relate to the business sphere of the other contractual partner and which become accessible to them during the preparation and execution of this contract. This obligation already exists prior to the conclusion of the contract and, as long as there is a legitimate interest in it, remains in force even after the termination of the contractual relationship. Statutory duties of disclosure remain reserved.

8.2. Privacy

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DPA), every person has the right to protection of their privacy as well as protection against misuse of their personal data. All data accruing on the internet platform will be used by Cloudworks AG for the processing of the contract. The collected data may be passed on by Cloudworks AG to third parties designated by the customer himself and may also be used by Cloudworks AG for direct applications of the customer. No other or further use will take place. Cloudworks AG will – with the aforementioned exceptions – also not disclose any data to any third parties, unless this is required by law or ordered by a court decision. The partner companies are strictly forbidden to pass on the contact details to other companies. Cloudworks AG points out to the partner companies. However, it is the responsibility of the respective partner companies to ensure that data is handled in accordance with data protection regulations at all times. The customer has the right to view his stored data at Cloudworks AG at any time. He can check and adjust his customer data online himself.

9. customized advertising

Cloudworks AG has the right to display advertisements to the customer on the Internet platform. Cloudworks AG can make which advertising is displayed to the customer dependent on the customer’s data.

10. warranty

Both contracting parties shall not infringe any industrial property rights or other rights of third parties in the performance of their services. The Internet platform is generally made available to the customer 24 hours a day, 365 days a year. However, this availability can be undercut for maintenance and service work by Cloudworks AG itself or its access or hosting providers. The customer accepts that damages as a result of operational failures and operational disruptions caused by third parties cannot be claimed against Cloudworks AG.

11. liability

11.1 Disclaimer

The liability of Cloudworks AG for any damages incurred by the customer from the non-fulfillment or poor fulfillment of contractual obligations or any data loss, namely also for indirect damages, consequential damages, lost profits or claims of third parties, is excluded to the extent permitted by law.

11.2 Liability for links

References and links to third party websites are outside our area of responsibility. Any responsibility for such websites is disclaimed. Access and use of such websites is at the customer’s own risk.

12. copyrights

The copyrights and all other rights to content, images, photos or other files on the website belong exclusively to Cloudworks AG or the specifically named rights holders. For the reproduction of any elements, the written consent of the copyright holders must be obtained in advance.

13 Final provisions

13.1 Amendment of the GTCs

Cloudworks AG may amend these GTCs at any time and without stating reasons.

13.2 Partial nullity

Should individual provisions or parts of these contractual terms and conditions prove to be void or ineffective, this shall not affect the validity of the remainder of the contract concluded between the parties on the basis of these contractual terms and conditions. In such a case, the contracting parties shall adapt the contract in such a way that the purpose intended by the void or invalid part is achieved as far as possible.

13.3 Applicable law

The contract concluded between the parties on the basis of these General Terms and Conditions of Contract shall be governed exclusively by Swiss law. The courts at the registered office of Cloudworks AG shall have exclusive jurisdiction. However, Cloudworks AG remains entitled to sue the customer at any other admissible place of jurisdiction.