General Terms and Conditions for Customers of the Abilect Platform

Purpose of these Terms and Conditions

The digital platform www.abilect.com, the applications for smartphone and tablet (iOS and Android) (hereinafter “The Abilect Platform”), is intended for the processing of service-based transactions. It is administered by Abilect SA, Chemin des Chalets 9, 1279 Chavannes-de-Bogis, Switzerland; registered in the Commercial Register under UID CHE-177.035.399 and CH-ID Ch55011781536.

These Terms and Conditions (“Terms”) constitute a legally binding agreement between the customer and the Abilect Platform. The customer(s) requests the services of the service providers registered the Abilect Platform as soon as he has a registered account.

These Terms and Conditions apply only to customers.

• A service provider(s) refers to the legal entity(ies) offering their services on the Abilect Platform. The provider creates an account according to these Terms.
• A customer(s) refers to the natural or legal person who requests services on the Abilect platform. The customer creates an account according to the General Terms and Conditions for Customers of the Abilect Platform.
• An account is the collective term used for customer accounts and service provider accounts of the Abilect platform.
• A user is the collective term used for a service provider and/or a customer with a registered and validated Abilect account.
• A profile refers to the viewable data of our users such as: area(s) of competence(s), area(s) serviced, etc.

Validity of these Terms

These Terms and Conditions apply to all customers who have registered on the Abilect platform from Monday, 28 January 2019 onwards with immediate effect. For those customer who have registered their accounts with us prior to this date, the changes of these Terms will take effect 30 days after the above indicated date.

Benefit and Position of Abilect

• As administrator, Abilect makes the digital platform available to customers and service providers as a medium of exchange for the conclusion and execution of contractual relations that the parties develop between them individually. Abilect does not assume any representation or responsibility when a service provider contacts a client, sends a quotation, and/or sends an invoice via the Abilect Platform.
• Clients are solely competent and responsible with respect to the content, conclusion, validity and performance of a contract for the provision of service or products advertised or offered through the Abilect Platform. Abilect assumes no responsibility in this respect and does not provide any services, whether in connection with the implementation of the contracts concluded through the Abilect Platform, and / or the performance of the services resulting from these contracts. The settlement of claims resulting from a contract concluded through the Platform between the customers and service providers is the sole responsibility of the customers or the service providers respectively. The same principle applies to the validity of contracts concluded between customers and service providers, and more generally; for any questions or claims regarding the relationship between customers and service providers.
• When the customer confirms the acceptance of the service offer, he concludes a contract directly with the service provider. Abilect does not take part in the contractual relationship between service providers and customers. Abilect maintains contractually distinct relationships between service providers on the one hand and customers on the other. However, Abilect does not offer the services, does not assume the function and responsibilities of an employer or an employment agency, nor more generally as a staff recruiter, whether to customers and service providers alike.
• Abilect does not create nor sell accounts to service providers. Service providers are solely responsible for the management of their accounts and content thereof. When a service provider is listed as verified on the Abilect platform, this means that he has successfully complied with the requirements of our registration procedure. To promote the Abilect platform and increase the visibility of service providers to customers, their profiles can be used on other websites, in applications and in online and offline advertising. The Abilect Platform is published in three languages: French, German and English.

Terms specific for customers

• Any and all applicable fees for the requested services will be presented to you prior to the completion of the booking request. You will be reminded of the fees charged again when receiving a confirmation notification from your Service Provider for your booking. Once you receive a booking confirmation from a Service Provider through the Abilect Platform, a legally binding agreement is formed between you and the Service Provider. The fees for the booking will be paid in full at the time of the completion of the booking.
• The customer understands and agrees that a confirmed booking for a requested Service will be taken as your approval and authorisation for the Service Provider to enter and perform the required service at the requested time and on the requested day. You should carefully review the profile of the Service Provider you intend to engage for the required service before choosing to make a booking.
• You must bear in mind that any supplementary services requested outside of the online booking will be subject to a supplementary fee as decided by the Service Provider. You will be charged this fee through the Abilect Platform.

Duration of the contract and termination

• Unless otherwise agreed as a result of a written supplementary agreement, the basic contract is valid for a fixed contractual period of 12 months. After the expiration of this period, the contract is automatically renewed from time to time for a new fixed contractual period until it is terminated at the end of the current contract period with 30 days’ notice.

Amendment of these Terms
Abilect reserves the right to modify its Terms at any time. In case of modification, Abilect will post its new Terms on the digital platform. The service provider will receive a notification of these changes by e-mail at least 30 days before the effective date of the new terms and conditions. If the service provider does not agree with the new Terms, he has the right to immediately terminate his relationship with Abilect by deactivating his account. If the service provider does not terminate his account at the time the new Terms take effect, this will be interpreted as a tacit acceptance of the new Terms.

1. Payment terms

For details on Abilect’s Payment Policy, please visit this link.

1. Warranty

In performing their services, the parties will refrain from infringing the intellectual property rights or other rights of third parties. In principle, the Abilect Platform is available to the service provider 365 days a year and 24 hours a day. In this context, Abilect guarantees to the service provider an availability of the Abilect Platform of at least 95%, from 1 January 2019. However, it is possible to remain below this guaranteed availability in connection with maintenance work and service provided by Abilect or its access or hosting providers, provided that the service provider has been made aware by e-mail sufficiently in advance of the interruption to come. In addition, the guaranteed availability may be adversely affected by non-performance or improper performance by third parties over which Abilect has no influence. The service provider acknowledges the damage resulting from interruptions or disruption of the business caused by third parties cannot be invoked with Abilect.

1. Liability

Liability for any damages that the service provider incurs due to non-performance or improper performance of contractual obligations or the possible loss of data, in particular for any indirect damages, damages resulting from defects, loss of profit or claims of third parties, is excluded to the extent permitted by law. In particular, any liability for auxiliaries is excluded.

1. Final provisions

Partial invalidity
If any provision or part of these Terms and Conditions should prove to be invalid or ineffective, the validity of the contract concluded by the parties on the basis of these Terms and Conditions will not be affected for the remainder of these Terms. In such a case, the parties will adapt the contract is such a way that the aim of the part that has become null or ineffective is reached as far as possible.

Applicable law
The contract concluded by the parties on the basis of these General Terms and Conditions is exclusively subject to Swiss Substantive Law. The jurisdiction of these Terms is at the headquarters of Abilect in Canton Vaud. However, Abilect remains entitled to settles disputes with a service provider at any other authorised forum.