SALES AGREEMENTTERMS AND CONDITIONS
The Supplier shall provide the Beneficiary with access to a workspace with the following characteristics (hereinafter referred to as "the Centre"):
- Address of the Centre : 30 Bvd. Helvétique / 1207 Geneva
- Description of the space : 2nd floor, 1 reception, 1 waiting room, 6 rooms, 1 kitchen, 2 toilets.
Access to the Centre
Under the terms of the contract, either the purchase of a package or subscription, the Beneficiary has access to the Centre for the exclusive use of a therapeutic practice, which the Beneficiary certifies and guarantees. No other use may be tolerated, it being specified that any violation of this stipulation will automatically result in the termination of the contract. (see point 4)
The Service Provider must allow the Beneficiary access to the Centre under the following conditions:
- Access to the Centre from 8am to 8pm Monday to Friday and from 9am to 5pm on Saturday, subject to change or other special agreement.
- Within the Centre, access to a closed individual room, exclusively according to the reservations made by the Beneficiary on the Provider's online calendar.
- Provision of furniture and equipment in the individual room.
- Access to the common areas: kitchen, waiting room, toilet.
The purpose of the service provision contract is to rent closed individual rooms on an hourly basis to practitioners of alternative medicine, well-being or support.
This contract is the commercial equivalent of a hotel accommodation contract. The entire space remains in the possession and under control of the Supplier. The Beneficiary acknowledges that the contract does not constitute a tenancy, an emphyteutic lease or confer any property right in its favour on the space or spaces.
The address of the Centre may under no circumstances be used as the Beneficiary's registered office, secondary establishment or main place of activity.
Obligations of the parties
- Obligations of the Supplier to the Beneficiary
- During the term of the contract, corresponding to the validity of the current package or subscription, the Service Provider undertakes to provide the Beneficiary with the services described in these conditions.
- The Service Provider undertakes to consider and treat as confidential all information concerning the Beneficiary's activities of which it may become aware, in writing or orally.
- The Service Provider undertakes never to disclose information concerning the Beneficiary to which it would have had access as a result of the performance of the contract, unless it is obliged to do so by court decision or administrative injunction.
During the execution of the contract, the Beneficiary undertakes to :
- strictly respect its rental schedules. The occupation of a practice may under no circumstances extend beyond the reserved time. Any overrun will result in a 60-minute period being charged to the Beneficiary's subscription or package. In the event of non-compliance with this obligation, the Supplier reserves the right to terminate the contract without notice. (see point 4)
- take into account in their rental schedules the time required to set up in the work room, as well as to store and leave it.
- make separate reservations for each customer appointment, even if they are consecutive.
- strictly respect its rental schedules. The occupation of a practice may under no circumstances extend beyond the reserved time. Any overrun will result in a 60-minute period being charged to the Beneficiary's subscription or package.
- never use the Centre's address as a head office or establishment.
- keep the Supplier informed of any changes in its activity.
- take out professional liability insurance.
The Beneficiary expressly acknowledges and accepts that the contract does not confer any rights identical or similar to those conferred by:
- a lease contract and in particular commercial, professional, long term or precarious lease contracts.
- a sublease agreement;
- a right of ownership of the Centre, including a commercial right of ownership.
At the end of his daily activity in the Centre, the Beneficiary must have restored it to the state in which it was before he moved there or, at the very least, have remedied all the damage attributable to him. Failing this, the cost of the repairs that the Service Provider has been forced to carry out shall be borne by the Beneficiary upon simple presentation of the invoices corresponding to the repair, as well as the corresponding loss of income. (25.-/h, 8h/day)
Termination of contract
In the event of a breach of its contractual obligations or conduct incompatible with the normal use of a therapist's practice (noise pollution, damage, conflict with other persons present), the Supplier may terminate this contract with immediate effect and block the Supplier's access to the Supplier's online agenda without the Supplier being able to claim any compensation from it.
In addition, in the event of unavailability of the spaces or Services for reasons beyond the control of the Supplier, no compensation or reimbursement may be claimed.
No payment for the purchase of a subscription or package is refundable. Upon presentation of a medical certificate proving the Beneficiary's incapacity to practice for a specified period of time, the end date of a subscription or package will be postponed accordingly.
On the 10, 25, 50 and 100h packages, in case of cancellation of a reservation up to 24 hours before the appointment concerned, no fees will be applied. If the cancellation is made less than 24 hours in advance, the appointment concerned is deducted from the package.
On half-day and full-day packages if the cancellation is made less than one week (7 days) before the appointment, the amount of the package remains due.
Sublease or access to the Centre
Under no circumstances shall the Beneficiary have the right to sublease or give access to the Centre to a third party, except as permitted by this contract.
Inventory of the situation
The furniture and equipment in its current condition shall be made available to the Beneficiary.
In the event of an accident, the Service Provider may under no circumstances be held liable for the Beneficiary's activity in the Centre. The Beneficiary must insure himself for his professional activity (professional liability insurance) and check before use the equipment made available to him.
The Beneficiary is solely responsible for his personal affairs or those of his clients, as well as for the private equipment he stores in the firm that will be assigned to him for the reserved period.
The Parties undertake to treat as confidential any information they may obtain under this contract.
Liability of the Parties
The Service Provider declines any liability towards the Beneficiary due to the practice of its activity, loss or damage suffered by the Beneficiary or its clients in connection with this contract.
In any event, only direct damages may allow the Parties to incur liability, it being specified that the liability of the Supplier may not exceed the total amount of the sums collected by the latter and paid by the Beneficiary in connection with the performance of the contract.
Jurisdiction and applicable law
For any dispute that may arise between the Service Provider and the Beneficiary concerning the interpretation, conclusion and execution of this contract and general conditions, and unless otherwise provided, the ordinary courts of the Canton of Geneva shall have exclusive jurisdiction, subject to appeal to the Federal Court in Lausanne.