These General Terms and Conditions are applicable to the offering made available by KnowS IT GmbH, Nordstrasse 190, 8037 Zurich (‘KnowS’) at http://www.knows.com (and at http://www.knows.ch and other websites, collectively the ‘Website’ or ‘KnowS.com’). The following applies between you as a user of the KnowS platform and KnowS:
2. General provisions for the use of KnowS.com
3. Subject matter of the user contract
4. Registration at KnowS.com
5. General rules for the conduct of bid invitations by clients
6. Entry and content of tasks/Prohibited tasks
8. Submission of bids
10. Deletion or amendment of tasks or bids
11. Booking an order
13. Commission for KnowS
15. Confirmation of completion of the order
16. Problems with the order fulfillment
18. The liability of KnowS
19. Data protection
20. Applicable law
21. Place of jurisdiction
1.1. These general terms and conditions (‘GTC’) apply as soon as a user has registered for the Website as a supplier (= provider of a service) and/or client (= recipient of a service). Upon registration, a user contract is concluded between the user and KnowS, the content of which is governed by these GTC. Within the framework of participation in bid invitations (= submission of bids) and when booking bids (= acceptance of bids), agreement with these GTC must be reconfirmed expressly. Also, when placing a bid invitation (= entering an order) and submitting a bid, users are once again made aware of the validity of the GTC accepted by them. The latest version of the GTC can be accessed via a link at the bottom of the Website.
1.2. The GTC are directly binding exclusively with regard to the content of this user contract between the user and KnowS. Direct legal effects, claims, etc., between the users within the meaning of a contract for the benefit of third parties or with a protective effect for third parties do not, in principle, arise from the GTC unless expressly stated otherwise. This also applies insofar as they contain provisions which are of significance for the relationship between the users (e.g. concerning the conclusion or content of contracts).
1.3. If users have or wish to use their own terms and conditions, such terms and conditions are hereby rejected, so that they are not applicable, unless expressly agreed otherwise in writing.
1.4. If the user acts as a consumer, different rules apply to some extent than if the user acts as an entrepreneur. The following conditions refer to this in the appropriate place. Any natural person is regarded as a consumer, who concludes a legal transaction for a purpose that cannot be attributed to his/her commercial or self-employed professional activity. However, anyone acting in the exercise of his/her self-employed professional or commercial activity is regarded as an entrepreneur in relation to KnowS.
2.1. When using KnowS.com, the user must comply with the applicable law, the provisions of these GTC and any documentation referred to therein (particularly the Community Standards).
2.2. KnowS draws attention to the statutory provisions for combating illegal employment. Placement of bids to be executed in breach of such provisions or other statutory regulations is expressly prohibited.
2.3. Note, too, that remuneration for certain services in certain areas (e.g. tax and legal advice) is regulated by other statutory or industry-specific provisions and may, therefore, not be freely negotiable. Users must check the existence of such restrictions at their own responsibility and ensure compliance with them.
2.4. Users hereby confirm that they will assess the possible risk of physical or psychological harm to themselves associated with placement of a bid or execution of an order. Users must be aware that certain orders may be dangerous and will act with appropriate caution at the time of execution and comply with any safety instructions given before an order. KnowS will on no account be liable for the loss of material goods which arise during the execution of orders. Nor may KnowS be held liable for physical or psychological harm to users in connection with the execution of any order.
3.1. The subject matter of the user contract between users and KnowS is the provision of agency services for a consideration (see clause 13 ‘Commission of KnowS’) within the framework and on the basis of these GTC and other supplementary rules. The agency service consists of the provision of the KnowS.com Internet platform as a marketplace for bid invitations for services and the transmission of contact details lodged with KnowS.com between the users participating in any bid invitation.
3.2. KnowS provides the Internet platform in the form and with the functions currently available. There is no entitlement to the provision or retention of certain functions. KnowS is, in particular, entitled to deactivate existing functions temporarily or definitively or to introduce new functions and to link individual functions to the fulfillment of certain conditions.
3.3. KnowS operates the technical platform only for the arrangement of services between users. As such, KnowS acts neither on behalf of the client nor on behalf of the supplier for the services and is not, therefore, involved in the services agreed via the platform either as a contracting party or as a representative or agent or in any other way. To the extent that notices sent by the KnowS.com system in connection with any bid invitation contain legally relevant information (e.g. notices about bid conditions, awards, revocation of an award, a new bid, etc.), such information is provided for the person to whom it relates. only the client and the supplier are contracting parties to the service agreements.
3.4. The contact person for matters in connection with the order, e.g. regarding appointments or warranty claims, is the other user. Fulfillment of the service agreements is also exclusively between the client and the supplier.
3.5. There is no entitlement to the receipt and processing of complaints against other users or to mediation in or settlement of disputes between them.
4.1. It is possible to use KnowS.com to search for tasks without registration. It is necessary to register as a user to place tasks, participate in orders, or make bids. There is no entitlement to registration.
4.2. Registration is, in principle, permitted only for legal persons and legal communities domiciled in Switzerland and natural persons of adult age, who are permanently resident in Switzerland and have unlimited legal capacity (exceptions hereto must be agreed separately with KnowS). Registration of a legal person or legal community may be undertaken only by a natural person authorized for such a purpose. If the corporate or other designation of a legal person or legal community is specified during registration, such a person or community is regarded as a user.
4.3. The information requested during registration must be entered in full and truthfully. After registration, such information, particularly the address and other contact details, must at all times be kept up to date via the user account.
4.4. The user name chosen during registration must not infringe any applicable law, good morals, or third-party rights. The user name and password must be kept secret. The creation of more than one user account for the same natural or legal person is not permitted. User accounts are not transferable.
5.1. Tasks placed with KnowS.com as bid invitations may not be awarded in any other way during the bid invitation. If the order is awarded outside KnowS.com, the bid invitation must be canceled beforehand.
5.2. Bids on current bid invitations must be submitted to the client exclusively in the form of a bid on the relevant bid invitation on KnowS.com. If bids are transmitted to the client in any other form, e.g. as a chat entry or outside KnowS.com, the client must ask the supplier to place a corresponding bid on KnowS.com. Moreover, the client may award an order to persons or establishments who have bid to the client for the order execution – in whatever form – via KnowS.com or within the framework of a first contact initiated via KnowS.com also only through an award on KnowS.com. Users undertake individually, for every case of infringement of these provisions, to pay lump-sum compensation in the amount of the starting price (budget) of the commission due for the bid invitation. KnowS reserves the right to claim other costs, such as handling fees.
5.3. The inclusion of references to external websites and telephone numbers or other means of contact for the purpose of establishing personal contact between a client and within the framework of bid invitations is prohibited.
5.4. If an order is successfully arranged via KnowS.com, the contracting parties – client and supplier – must, after conclusion of the bid invitation, make contact with the other party via the platform.
6.1. With the entry and successful publication of a task on KnowS.com, the client declares that he/she would like to award the task to a supplier via KnowS.com. The client must describe the content of the task as precisely and completely as possible when placing the task in the task description in order to provide suppliers with a reliable basis for calculation.
6.2. Suppliers, for their part, are responsible for determining the circumstances relevant for their calculation before submitting the bid and should for such purpose – in their own interest – ask the necessary questions in the ‘Questions & Answers’ section.
6.3. The entry of tasks which infringe the applicable law (including third-party rights), the provisions of this user contract, the Community Standards, or good morals is prohibited. This applies in particular to tasks
6.3.1. the content of which infringes the statutory provisions for combating illegal employment,
6.3.2. which concern services whose offering, distribution, or advertising is prohibited by law (e.g. the organization of unauthorized gambling),
6.3.3. which entail an impairment of the physical integrity of humans or animals,
6.3.4. in which services that are permissible per se are combined impermissibly,
6.3.5. which involve pornography or prostitution.
6.4. KnowS also reserves the right to block tasks where remuneration for the performance of the service put out to bid is to be paid exclusively or in part in the form of a commission, e.g. sales-related commission.
6.5. The content of the tasks, forum contributions, and user profiles placed on KnowS.com is created exclusively by the users in question. It thus concerns outside content. The author in question is exclusively responsible for such content. If KnowS is made aware of potentially illegal content by means of a specific and justified notification, KnowS will immediately review the relevant content on the basis of the notification and, should the accusation made in the notification be confirmed, block or delete it. Copyrights and any other rights to content, logos, images, photos, or other files on the Website belong exclusively to KnowS or the specifically mentioned rights holders. For the reproduction of any elements, the written consent of the copyright holders must first be obtained.
7.1. KnowS reserves the right, in the event of infringements of these GTC, to block or delete orders placed, ratings, or other content without prior notice or justification, to exclude users temporarily or definitively from use (‘blocking’), or, at its own discretion, to take other appropriate measures to prevent or terminate such infringements. An infringement has in particular occurred if
7.1.1. the user deliberately provides false information,
7.1.2. orders are placed which cannot be executed within the budget specified at the outset or for which the price is out of all proportion to the content of the order,
7.1.3. orders placed on KnowS.com are to be awarded by other means,
7.1.4. the bid procedure is disrupted, e.g. by sham bids,
7.1.5. insulting, derogatory, or otherwise unwarranted entries are made in the rating system,
7.1.6. and in the event of users’ statements or other actions likely to harm KnowS or KnowS.com in any way.
7.2. Blocked users are not permitted to continue using KnowS.com or to re-register.
7.3. The user indemnifies KnowS against any claims, costs, and losses to which KnowS is exposed in connection with any infringement by the user of the rights and obligations applicable in the user relationship, particularly in respect of claims of third parties due to infringement of their rights, e.g. intellectual property rights or personality rights including costs arising in processing and legal defense (e.g. internal processing costs and lawyers’ and court fees).
8.1. Bids on a task placed with KnowS.com must be made exclusively during the term of the bid invitation via KnowS.com. Suppliers undertake not to transmit any bids to the client to execute the order outside KnowS.com.
8.2. The amount which the supplier actually intends to charge the client for execution of the order will be stated as the bid. Submission of fake bids with the aim of reducing the commission is prohibited. KnowS points out that such conduct may be punishable as fraud.
8.3. Suppliers confirm that they are bidding for all services offered on KnowS in their own name, on their own account, and in an independent capacity and at their own economic risk and that they comply fully in connection with all obligations in respect of social security contributions as well as any other statutory obligations. Suppliers are solely responsible for the correct tax and social security accounting for the income, which they generate through the agency services on KnowS.com.
8.4. Suppliers confirm that they have clarified their VAT liability, if any, and that they themselves fully comply with any possible VAT liability. KnowS is neither an employment service nor an employer in relation to suppliers. KnowS has VAT liability solely in connection with commission (see clause 13). If, for whatever reason, KnowS is held liable for charges of any kind to be paid by the supplier, the supplier shall fully indemnify KnowS in such respect.
9.1. Accident and liability insurance in connection with the executed orders is, in principle, exclusively a matter for the users.
9.2. KnowS has taken out a collective business liability insurance policy with a reputable Swiss insurance provider for the benefit of suppliers with (residential) domicile in Switzerland (as co-insured persons), who accept orders from clients via KnowS.com, for losses, the cause of which lies in the execution or omission of the order and which occur in Switzerland or neighboring countries. The applicable insurance conditions, individual cover and any exclusions of liability result from such insurance company’s General Insurance Conditions and from the defined insured activities, which can be viewed here. Users have no entitlement to maintenance of this collective insurance by KnowS. KnowS may cancel or terminate the collective insurance policy at any time without first notifying the users.
10.1. Tasks may be deleted as long as the bid invitation has not been completed. Bids submitted in response to a task invitation may be amended or deleted until such time as the contract is awarded.
10.2. Upon deletion, the relevant task or bid is deemed not to have been placed, even if bids have already been submitted. By accepting these GTC on registration each user declares that he/she grants the other users involved in the bid invitation a corresponding right of revocation and withdrawal for such purpose with regard to the respective entries (task and bid). At the same time, each user waives any possible claims for expenses or damages in connection with any deletion, regardless of against whom they are directed.
10.3. If a user makes use of his/her rights agreed under clause 10.2 by deleting his/her entry, any contract already concluded as a result will be canceled by mutual consent.
11.1. When the client accepts an order (booking), the corresponding supplier undertakes to the client to execute the order in accordance with the order description.
11.2. Fulfillment of orders awarded via KnowS.com, in particular liability and, if applicable, warranty rights in the event of non-fulfillment or poor fulfillment, are governed in principle by the relevant general contract law, unless the contracting parties (client and supplier) have agreed otherwise between themselves.
12.1. Both users can rate each other once the order has been executed. The aim of the rating system is to create a meaningful and accurate profile of user performance, reliability, and trustworthiness. The rating consists of a standardized score and a free text.
12.2. Each user is required to make exclusively factual and truthful statements when rating other users. Any statements contrary to the aim of the rating system, particularly unfounded, unwarranted, or insulting statements, are to be omitted and lead to the deletion of the rating or the blocking of the user.
13.1. Registration as a supplier or client on KnowS.com is free of charge and includes unlimited task creations and bid submissions.
13.2. In the event of successful arrangement of an order via KnowS.com (booking), a commission of 15%, to be paid by the supplier, is owed to KnowS. Such a commission includes transaction and insurance fees, the costs of operating the KnowS.com platform and fees and taxes payable by KnowS (particularly VAT).
14.1. Payment is made via the third-party provider Stripe. The third-party provider’s General Terms and Conditions must also be observed.
14.2. After an order has been awarded to the supplier (booking), the client must pay the agreed price into his/her user account via the KnowS.com platform. 48 hours after the starting time of the order agreed between the client and the supplier (or immediately if the order execution is imminent in less than 48 hours when booking an order), KnowS.com automatically debits the price from the client’s user account and holds it in a custom account until confirmation of completion of the order (see clause 15).
14.3. After confirmation of completion of the order (see clause 15), the agreed net price (gross price paid in less commission to KnowS) is paid out to the supplier’s user account.
15.1. After order execution, client and supplier each confirm on their own behalf via the KnowS.com platform that the order has been completed. As soon as client and supplier have confirmed completion, KnowS.com automatically transfers the net price to the supplier’s user account.
15.2. If, within seven days of the agreed completion date as per the order award, completion of the order has not been confirmed by either user – despite repeated dispatch of reminder messages by KnowS to both users – the order is deemed to be tacitly canceled. KnowS reserves the right in such case to charge fees and the net price will automatically be transferred to the client’s user account.
16.1. In a case of disagreement between a client and a supplier about completion of the order, regardless of the reasons (e.g. non-performance, late performance, poor performance, etc.), the client and the supplier are required to resolve this directly between themselves. KnowS is on no account party to the contractual relationship regarding order fulfillment between a client and a supplier. KnowS will transfer the net price back to the client’s user account only if both users report the same (notification of non-completion of the order). In such a case, the commission is deemed to be earned and is due to KnowS. KnowS may, in individual cases and on a purely voluntary basis (e.g. out of goodwill), waive the commission and transfer the gross price to the client’s user account. However, no legal entitlement exists in such a respect.
16.2. To avoid misunderstandings: As soon as either client or supplier confirms completion of the order as per the agreed completion date, KnowS proceeds in every case as per clause 15.2. Any disputes about the legally sufficient completion of the order will be settled independently between the client and the supplier.
16.3. KnowS may, but is not obliged to, provide users with references to a neutral and independent conciliation body for such a purpose.
17.1. Both the client and the supplier have the option of canceling the order before the agreed date of order fulfillment. To do so, users are instructed to use the relevant function (‘Cancel’ button) in their user account. Whether a cancellation is possible, under what conditions and with what cost implications is communicated in the help center. Users are advised that cancellations disappoint the other user’s expectations. Accordingly, cancellations should in principle be made only in exceptional cases and for good reasons. To prevent abusive and too frequent cancellations, statistical information on cancellations made by any user will be displayed in his/her public user profile. In justified cases KnowS may temporarily or permanently exclude users with too frequent cancellations from the KnowS.com platform.
17.2. To avoid misunderstandings: The commission payable to KnowS is deemed to be earned from the time of the first booking of the order and is thus also due to KnowS in all cases of cancellations as per this clause 17. KnowS may in individual cases and on a purely voluntary basis (e.g. out of goodwill) waive the commission. However, no legal entitlement exists in such a respect.
18.1. KnowS excludes any liability with regard to the contractual relationship between the supplier and the client.
18.2. The liability of KnowS and the liability of KnowS for its auxiliary persons are both fully excluded, regardless of the legal reason, in relation to losses which arise in connection with the provision of the KnowS.com agency platform and the provision of services of KnowS to users. The only exceptions to such an exclusion of liability are for losses caused by gross negligence or willful intent on the part of KnowS.
18.3. The liability of KnowS is further excluded or limited to the extent permitted by law for (i) indirect and/or consequential losses (such as lost profits, unrealized savings, additional expenses incurred by the user, fines imposed, and/or third-party claims); (ii) losses resulting from any act or omission by the user; and/or (iii) any losses which occur outside the reasonably controllable sphere of control of KnowS (including force majeure events).
18.4. KnowS provides KnowS.com in the form and with the functions which are currently available. There is no entitlement to the provision or retention of certain functions. No guarantee is given regarding availability of the system. Availability may be temporarily restricted by maintenance work or for other reasons, in whole or in part, e.g. regarding individual functions (‘restricted availability’). Liability for the consequences of limited availability – of whatever kind and for whatever reason – is excluded.
18.5. Insofar as the limited availability has an impact on the execution of bids, e.g. because an order cannot be placed or a bid cannot therefore be submitted, this shall not give rise to any claims against KnowS. KnowS does not, in particular, guarantee any successful arrangement of orders.
19.1. To properly perform the agency services via the KnowS.com platform, in particular to comply with the notification obligations under these GTC, it is necessary to store and process users’ personal data. KnowS guarantees the confidential handling of such data in accordance with the applicable Swiss legal provisions and the Privacy Statement.
19.2. Users’ names, addresses, and email addresses are processed in particular. The stored data can be viewed via the user account and modified by the user.
19.3. Upon request, the personal data will be deleted, unless it is necessary for the processing of bids including the commissions to be paid to KnowS. The user is advised that the deletion of user data may restrict or exclude the use of KnowS.com.
These GTC are subject to Swiss national law, excluding the provisions of private international law and excluding the provisions of the Vienna Convention on the International Sale of Goods. In the case of consumers, such choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his/her habitual residence.
21.1. If the user acts as a consumer, the statutory rules in the place of jurisdiction apply.
21.2. Otherwise, the registered office of KnowS is the exclusive place of jurisdiction for any disputes arising under this contract. KnowS is, however, in any case entitled to appeal to the court at the user’s location.