Terms of Service

Effective date: March 2023

1.            General

enshift AG (“enshift“) operates the internet brokerage platform app.enshift.com(“Platform“). Via the Platform, private individuals and companies (“Clients“) can plan energy-related renovations, new constructions and conversions of buildings and land (“Projects“),obtain offers for the Projects from cooperating companies (“Developers”)and conclude the corresponding Contracts for Work with the Clients. In addition, Clients can apply for financing solutions for their Projects via the Platform.

The Developers offer the Projects in their own name and under their own responsibility. enshift itself does not create any Projects, but merely mediates the conclusion of a contract between the Client and one or more Developers for the creation of a Project. 

These general terms and conditions (the “GTC“) govern the contractual relationship between enshift and the Developer. The GTC must be accepted by the Developer prior to the Developer’s registration on the Platform. Irrespective of this, the GTC shall be deemed to have been accepted by the Developer upon the Developer’s first use of the Platform.

2.            Scope 

These GTCs regulate the relationship between enshift and the Developer regarding the use of the Platform.

3.            Functionality of the Platform

The Platform allows the Client to plan and implement a Project. To do this, he first enters the details of the Project via the Platform. To do this, he must provide a number of details about the Project, in particular address of the buildings, energy consumption, building areas, electricity prices, as well as information about the building technology. After entering this information, the Client can run a digital simulation (the “Simulation“), in which the optimal composition of energy consumption and energy generation technologies is calculated. Sometimes energy generation technologies such as photovoltaics and wind turbines or energy consumption technologies such as heat pumps are simulated. The Simulation also gives the associated installation costs and the average expected return per building, so that the Client can make an economic analysis of the Project.

After the Simulation has been carried out, the Client can decide whether he wants to carry out a bidding process regarding the Project. In this case, an agency contract is established between the Client and enshift. Based on the Project description, the Developers can submit bids to the Client for the implementation of part or all of the Project. The profiles of the cooperating Developers can be viewed on the Platform. Based on this information, the Developer creates an offer for the implementation of a part or the entireProject (the “Offer“) and sends the Offer to the Client for the Platform. If the Client accepts the Offer, a contract for work (“Contract for Work“) is concluded with the Developer. Enshift does not become a party to the Contract for Work. 

4.           Duties of the Developer

The Developer undertakes to use the Platform in good faith. The Developer may not execute Projects with regard to which the Contract for Work has been concluded via the Platform by circumventing the Platform. When processing Offers and executing Projects, the Developer shall strictly comply with all construction standards. 

5.            Remuneration

For each Contract for Work concluded, a fee (“Brokerage Fee“) of 2.5%(excl. VAT) of the remuneration agreed in the Contract for Work is due to enshiftf or the Developer. The Brokerage Fee shall be invoiced by the Developer to the Client in accordance with the milestones and payment terms agreed in the Contract for Work. Each invoice from enshift is to be paid by the Developer within 30 days.

Since the Contract for Work is concluded directly between the Developer and the Client, the collection risk regarding the customer’s payment obligations under the Contract for Work remains entirely with the Developer. Enshift assumes no obligation to compensate the Developer in the event of a payment default on the part of the Client.

6.            Archiving and storage

It is the sole responsibility of the Developer to archive information about the Projects, Offers as well as concluded Contracts for Work. For this purpose, the Developer can export this data from the Platform for a certain period of time in order to store it on his own system.

7.            Privacy

Regarding data protection, the privacy policy of enshift applies.

8.            Liability and indemnification

Enshift excludes its liability (including liability for its auxiliary persons, employees, suppliers and subcontractors) for all claims arising from or in connection with the Platform (including contractual and non-contractual claims)to the fullest extent permitted by law, in particular for damages due to transmission errors, technical defects, interruptions or malfunctions. An uninterrupted or error-free operation of the Platform is not guaranteed.

The Developer agrees to indemnify enshift (including its employees and representatives) from all claims (including reasonable attorney’s fees and court costs) arising from Offers, Projects or Contracts for Work, which a Client asserts against enshift.

The conclusion of a liability insurance, which has to cover in particular damages resulting from the execution of the Projects, is exclusively the responsibility of the Developer. 

9.            Platform exclusion

If the Developer violates these GTCs, violates other contractual obligations, such as those arising from the Contracts for Work, or uses the Platform contrary to good faith, enshift reserves the right to block the Developer at anytime. 

10.         Final provisions

Rights and obligations arising from the contract between enshift and the Developer may be assigned and transferred by enshift to a third party at any time. The Developer is only entitled to this right with the written consent of enshift.

Any change or addition to these GTC agreed upon in individual cases between enshift and the Developer must be made in writing. This also applies to the above reservation of written form.

Enshift may change the GTC at any time. All changes will be communicated to the Developer by email and are effective 30 days after notification. If the Developer does not agree with the changes, he can terminate his participation in the Platform.

11.         Jurisdiction and applicable law

Subject to a mandatory place of jurisdiction, the courts at the registered office of enshift in Baar, Canton of Zug, Switzerland, shall have jurisdiction for all questions arising from or in connection with the GTC or the Platform. Swiss substantive law shall apply exclusively.