Terms and Conditions

1. General

iCITY is a service provided by Move Consultants AG, in Allschwil, Switzerland, (hereinafter «MC»).

These general terms and conditions govern the rights and obligations of MC and of users of the service («Customers») in connection with the services provided by MC or third parties commissioned by MC vis-à-vis their customers.

Agreements deviating from these general terms and conditions must be made in writing to be valid.

2. Conclusion of contract

When booking premises (office, meeting room or lab) via the iCITY Portal, a contract of use («Contract ») is concluded with the corresponding booking confirmation from MC using these General Terms and Conditions.

The contracting parties are Move Consultants AG with its registered office in Allschwil, Switzerland, and the customer.

3. Subject matter of the agreement

MC undertakes to keep the premises booked by the client ready in accordance with these General Terms and Conditions and to provide the agreed services.

The customer undertakes to pay MC's applicable or agreed prices for the provision of the premises and the other services used by the customer. This shall also apply to MC's services and expenses vis-à-vis third parties arranged by the customer.

4. The services of MC

MC agrees to provide premises (office, meeting room or lab) including toilets on an ad hoc basis during normal business hours.

MC has the right to temporarily suspend the provision of its offered services for reasons of political unrest, war, strikes, epidemics/pandemics or other events beyond its reasonable control, as well as for technical reasons.

The use of the name iCITY in connection with its business, in whatever manner, is only permitted to the client with the written consent of MC.

5. Rights and obligations of the client

The client is entitled to use the booked premises exclusively for the purpose intended in each case, i.e. office, conference room or laboratory. 

The customer is not entitled to

• interfere with or render impossible MC's rights to the premises.

• use the premises otherwise than for the conduct of the client's business or as agreed. The client shall have no right to engage in any illegal or immoral activity in connection with the use of the premises. Overnight stays on the premises are also expressly prohibited.

• make structural changes of any kind to the premises.

• install any furniture or other equipment in the premises without MC's prior consent.

• change the furnishings of the premises.

• disturb other users of premises. The customer undertakes to show consideration for other users.

• damage the furnishings of the premises.

• bring equipment intended for outdoor use into the premises and use it there.

• smoke on the premises.

• bring animals into the premises.

• to display or project anything (such as advertising) on the walls, windows, displays or in the corridors of the premises without MC's prior consent.

• to make the premises available for use by third parties.

Compliance with the house rules and instructions of the caretaker: The client must comply with all rules and regulations of the house rules and instructions of the caretaker imposed for reasons of health and safety, fire precautions or other reasons in general. These house rules may vary from one site to another. They can be requested on site itself.

The client is obliged to compensate MC and its employees as well as other users and third parties for all damage caused by the client's operation or use of the premises.

If the customer becomes aware of data, business and operational processes of MC or other users, the customer undertakes to maintain absolute confidentiality vis-à-vis other users and third parties. Employees and auxiliary persons as well as customers and visitors of the user are also subject to this obligation of secrecy; data/documents and other information are to be destroyed or deleted (if necessary, after prior consultation with MC) - insofar as they cannot be allocated and returned to the rightful owner/holder. The storage and use as well as the use of data and documents or information obtained in this way is prohibited, the user will be liable for damages in full if this is not done. The obligation to maintain secrecy shall apply beyond the termination of the contractual relationship. 

6. long-term use

If the customer uses the premises for a longer period, these General Terms and Conditions shall apply subject to a rental or sub-lease agreement concluded between MC and the customer.

If the customer remains in the premises despite the expiry of the period of use or any termination that may be required or after the expiry of a fixed term of the contract, he shall be fully liable to compensate MC for all damages incurred by MC as a result of the delayed move-out.

7. Booking and usage modalities

The booking of the premises is done online via the iCITY booking system.

The client undertakes to register in the iCITY app. The client also undertakes to announce any guests online via the iCITY booking system.

On site, the client is responsible for the use of the premises. Assistance is not guaranteed. In urgent cases, the telephone number (+41 61 377 95 39) is available to the client for questions.

The customer undertakes to leave the premises in a clean and tidy condition. In the event of non-compliance with this regulation, MC shall be entitled to charge the customer a compensation of 20% of the ordinary usage fee, whereby the right to claim further damages is expressly reserved. Irrespective of this, the customer is liable for the disposal costs of objects/goods left behind on the premises.

Should the customer have left items/goods behind on the premises, it is the customer's responsibility to ensure that they are recovered. MC accepts no liability whatsoever for items left behind and is entitled to dispose of the user's items/goods still present in the premises one week after the end of use.

The right to use the premises for the booked duration is not transferable to third parties without the written consent of MC. 

8. rescission and termination

The customer is entitled to withdraw free of charge up to 12 hours before the start of use. After this time, the full fee is owed.

MC is entitled to withdraw from the contract at any time for good cause without incurring any costs for MC, in particular if the premises are booked under misleading or false statements of material facts, e.g. concerning the person of the customer or the purpose.

MC is entitled to terminate the contract without notice at any time for good cause. An important reason exists in particular if the customer

• has not paid the invoice for the usage fee and any other services when due,

• is repeatedly in arrears in the payment of invoices, or

• breaches its obligations under this Agreement.

9. Liability of MC

Should malfunctions or defects occur in MC's services, MC will endeavour to remedy the situation upon immediate notification by the customer. No remedy shall be provided if the customer fails to notify MC of a defect immediately. Under no circumstances shall the customer be entitled to a reduction of the contractually agreed remuneration.

MC accepts no liability for any loss resulting from MC's failure to provide services. 

MC also accepts no liability for any breakdowns or defects. Provided MC is notified accordingly by the customer, MC shall endeavour to remedy any defects within a reasonable period. Any liability of MC for loss of data or failure of IT systems is excluded.

The Client accepts responsibility for its equipment and other property/items brought into the Premises by it during the period of use on the Premises and the Client shall always be liable for the damage or loss of any equipment or fixtures owned by MC or any third party.

10. prices and terms of payment

Invoices from MC are due for payment immediately after booking without deduction. The fees include all services such as light, heating and use of the facilities.

In the event of default in payment, MC shall be entitled to charge default interest in the amount of 5% of the invoice amount. MC reserves the right to claim higher damages. MC may charge a reminder fee of CHF 20.00 for each reminder sent after default.

The fee is understood to be the total amount of the use of the premises including all additional services specified at the time of the reservation for the respective room, but excluding any additional services booked.

11. Further provisions

A party's failure to enforce any provision of the Contracts based on these General Terms and Conditions or to exercise any rights under these Contracts shall not be construed as a waiver of that provision of the Contracts or those rights. In particular, this shall not affect the validity of the contracts or the right of a party to enforce claims at a later date

Should individual provisions of the contracts based on these general terms and conditions be legally invalid or unenforceable for legal reasons, this shall not affect the validity of the contracts in other respects. In such a case, the parties shall reach an agreement which replaces the provision in question with a valid provision which is as economically equivalent as possible.

In case of discrepancies between translations, the German edition of these provisions shall prevail.

12 Applicable law and place of jurisdiction

These General Terms and Conditions are governed by Swiss law.

The arbitration authorities and ordinary courts at the location of the premises used (i.e. currently in Reinach BL or Allschwil BL) shall have exclusive jurisdiction over all disputes arising from this contract.