General Terms and Conditions (GTC) for the use of the www.KONKURADO.ch platform (version dated 18 October 2024)

The STIFTUNG FORSCHUNG PLANUNGSWETTBEWERBE (hereinafter "Foundation") operates an information system at www.KONKURADO.ch on announced, ongoing and completed architectural and engineering competitions in Switzerland and abroad (hereinafter "KONKURADO platform").

The foundation is the first of its kind, particularly in Switzerland but also internationally, to collect and process architectural and engineering competitions, from the preparation to the realisation - or non-realisation - of the building project, in order to make them available to the public, researchers and interested specialists.

The platform offers an environment for the exchange of information between clients or awarding authorities (hereinafter referred to as "clients"), planners, architects and engineers (hereinafter referred to as "bidders"), researchers or research institutions (hereinafter referred to as "researchers") and possible other users, such as building authorities, interested parties or the press (hereinafter referred to as "other users"), all together also referred to as "users". The contracting authorities can prepare the tender documents and publish or archive them on the KONKURADO platform. Bidders are offered the opportunity to register for tenders, view the relevant documents, ask questions to the contracting authorities in the forum and, if planned, take part in the pre-qualification process. Researchers are offered the opportunity to collect data, for example to solve research questions, and other users are given the opportunity to obtain comprehensive information on current and completed procedures. In addition, the foundation provides further information on procurement in Switzerland on the KONKURADO platform.

Depending on the user group, use of the KONKURADO platform is either paid or free of charge.

The Foundation is the contractual partner of registered users. The registered office of the foundation is: STIFTUNG FORSCHUNG PLANUNGSWETTWERBE, Erika-Mann-Strasse 11, 8050 Zurich. The operational management and administration of subscriptions to the KONKURADO platform, including invoicing and cancellation, can be contracted out; the Foundation has currently been managing the platform itself since 30 April 2017 (hereinafter referred to as the "Operator").

2.1 Subject matter of the contract

These General Terms and Conditions (hereinafter "GTC") govern the provision of information by the Foundation and the use of the KONKURADO platform by users.

2.2 Personal scope of application

These GTC apply to all registered users who use the KONKURADO platform to award public or private contracts, obtain information about procedures via the KONKURADO platform, conduct research via the said platform or use in any other way.

Contractual partners or registered users are either legal entities under private law or public law or, if the specific user is not acting for or on behalf of a legal entity, natural persons using KONKURADO. The user is not entitled to conclude a contract. There is no contractual relationship between non-registered users and the Foundation or the Operator.

2.3 Conclusion, duration and cancellation of the contract

By registering or logging in online as a user, the user accepts the GTC, in particular the obligations contained therein, and enters into a contractual relationship with the Foundation (see next paragraph regarding the conclusion of the contract). Every natural person through whom a legal entity of any kind acts must observe the GTC and binds the legal entity with their actions.

The contractual relationship of registered users exists exclusively with the Foundation. There is no contract between the users and the operator. The contract between the Foundation and the registered users is concluded when the Foundation sends the registration confirmation by e-mail. With this confirmation, the registered users are also sent the GTC (incl. data protection declaration). The confirmation for paid subscriptions also requires payment to have been made as part of the online registration process (credit card, Postcard, TWINT, Paypal and other accepted means of payment). In the case of fee-based services, the user account will be activated at the latest on the working day following receipt of payment. The right of cancellation remains reserved.

The minimum contract period is one year. The contract is not automatically renewed. At the end of the year, the subscription status expires automatically. Clause 6 remains reserved. If, by way of exception, a subscription is expressly limited to a specific date, the contractual relationship shall end at that date. If the contractual partner is a natural person, the contractual relationship may be terminated with immediate effect in the event of the death of the contractual partner. Clause 6 remains reserved.

Subscription costs that have already been paid cannot be reclaimed - except in the event of cancellation due to death or changes to the GTC or discontinuation of the KONKURADO platform (repayment is made pro rata temporis in each case) or in the event of cancellation.

The contractual partner of KONKURADO has the following right of cancellation: He/she can cancel his/her registration or online registration and thus the application to conclude a contract in writing within 24 hours after successful completion of the registration process (according to KONKURADO's server log). The deadline is deemed to have been met if the cancellation notice has been delivered to the post office within the deadline. The cancellation must be sent to: STIFTUNG FORSCHUNG PLANUNGSWETTWERBE, Erika-Mann-Strasse 11, 8050 Zurich. In the event of effective cancellation, payments already made will be refunded within 30 days of receipt of the exact and complete payment address. The registered user's access to the KONKURADO platform will expire within 48 hours of receipt of the cancellation notice.

The Foundation may discontinue the operation of the KONKURADO platform at any time and/or cancel the KONKURADO platform at any time without any further claims by users. In this case, paid subscription costs will be refunded to the contractual partners pro rata temporis. The Foundation will communicate a corresponding procedure in advance.

2.4 Prices - payments - price changes

Prices are quoted in Swiss francs (CHF) gross and include statutory VAT.

The prices are based on the price list available online at the time the contract is concluded.

Payments must be made online during the registration process (credit card, Postcard, TWINT, Paypal and other accepted means of payment). The successful completion of the registration process for fee-based subscriptions requires the proper completion of the payment process.

Price changes: Price changes for existing subscriptions will take effect at the time of the next automatic contract renewal. All contractual partners with subscriptions will be informed of price changes and their effectiveness by e-mail within a reasonable period of time after a new price list has been published. The contractual partners are free to terminate the contract with effect from the date on which the new prices come into force.

3.1 Provision of information and functions

The KONKURADO platform is available to various user groups:

1. Non-registered users (not subject to a fee)
2. Registered users without a subscription (not subject to a charge)
3. Registered users with a subscription (subject to a fee)
4. Registered users for research (free access for research projects upon approved application to the Foundation)
5. Registered users for archiving (according to a special contract)
6. Registered users for the tendering of procedures via Sekretario

The provision of information and functions is subject to section 3.2.

The Foundation makes the following information and functions available to all user groups on the main page or on the websites of the individual competitions of the KONKURADO platform:

• View all competitions in the database on a map of Switzerland or on a list
• View the 10 most recent competition announcements, retrieve all registered announcements
• View the 10 most recent, decided competitions, retrieve all recorded decisions
• Simple search in the master data
• Registration, creation of user account, login, selection of language (German, French, Italian, English)
• KONKURADO in figures (overview of key figures in the database)
• Access to public data on all recorded individual competitions (timeline, process, procedural data, 1st rank, realisation, map) and main documents of a tender (invitation to tender, competition programme, jury report), all without download function. Competition programmes and jury reports can be viewed on screen as a preview (without download function) if they have been entered.
• Four-language version of the website (the tender data as well as the main documents appear in the selected language of the tenderer)
• Help function

Registered users without a subscription can use the following functions in addition to those mentioned above:

• Report changes
• Create group accounts
• Tendering procedures or opening a secretariat
• Creating and conducting a procedure with a secretariat
• Archiving jury reports
• Accepting invitations to work in a secretariat
• Participate in a competition via KONKURADO.

Registered users with a subscription can use the following functions in addition to those mentioned above:

• Notification of current competitions by e-mail.
• Download main documents: Call for entries, competition programme, jury report
• View all ranks and details of the entries
• Set, view and edit favourites
• Detailed view of individual procedures, printout as pdf
• Search according to restricted criteria

Registered research users can use the following functions in addition to those mentioned above:

• Analysing data for research purposes after an application has been approved by the Foundation

Registered user archiving: In this regard, reference is made to the separate contract for archiving.

3.2 Availability and modification of the Konkurado platform

The online services (including any mobile applications) are generally available 24 hours a day, 7 days a week. The Foundation reserves the right to restrict these operating hours and/or temporarily suspend them for technical reasons.

It cannot guarantee that the functions of the KONKURADO platform and the helpdesk (see section 3.3 below) will be available at all times or that the platform will be accessible at all times. However, the Foundation will endeavour to quickly rectify any outages for which it is responsible. Depending on the duration of an interruption or the complexity of a problem, the Foundation will provide information about the situation on the KONKURADO platform.

The Foundation reserves the right to supplement, restrict or otherwise modify the structure, processes and functions of the KONKURADO platform at any time. The Foundation may also modify the content it makes available on the KONKURADO platform at any time.

3.3 Reduced functions and information during the introductory phase

The Foundation provides users with online help (instructions, tips, glossary) and a helpdesk (e-mail support and hotline). The helpdesk only answers questions relating to the functions of the platform KONKURADO.

The helpdesk is not responsible for problems relating to users' hardware or software. It also does not deal with questions of public procurement law and does not advise on questions of private competition procedures or the like. The relevant federal and cantonal competence centres are responsible for such issues, as are the SIA Competition Commission 142 and the SIA Commission for Study Contracts 143. Users can also obtain legal information from third parties.

4.1 Principle

Responsibility for the legality and accuracy of the content published by the registered user(s) on the KONKURADO platform lies exclusively with the respective registered user(s). He/she is responsible to the Foundation and other users for all information and data (texts, images, etc.) that he/she publishes on the said platform.

4.2 Compliance with legal requirements

The registered user undertakes to comply with Swiss law when using the platform. In particular, he/she shall ensure that his/her content and offers published on the KONKURADO platform do not violate any legal provisions (in particular criminal law, personal rights, data protection law, public procurement law, competition law, telecommunications law, trademark law or copyright law). In addition, his/her publications must not offend common decency or otherwise have dubious content. The registered user undertakes to respect the rights of third parties and, in particular, to obtain the consent of third parties for publication if third parties (in particular, providers) are affected by the publication (see also Section 4.7). Furthermore, the registered user undertakes to check that the content published by him/her is correct and free of viruses before publication. 

4.3 Checks

The content and offers of the registered user are not systematically checked by the Foundation. Should the Foundation receive serious indications of illegal, immoral or erroneous content or offers from the registered user, the Foundation will inform the registered user and remove the relevant content from www.KONKURADO.ch as a precautionary measure. By accepting these GTC, the registered user authorises the Foundation to make the final decision on the removal of content.

The Foundation reserves the right to report the user to the competent authorities (in particular the criminal prosecution authorities) in the event of abuse. In addition, the Foundation may exclude users who violate the legal and contractual requirements from using the platform. The Foundation reserves the right to claim damages.

4.4 Handling passwords

Every user who receives a password (access code) for the KONKURADO platform bears full responsibility for the confidentiality and secure management of the access data. Registered users are prohibited from passing on their data to third parties. The passing on of data within the contractual partner remains reserved.

4.5 Responsibility of the client in particular

The client is responsible for observing the rules regarding the award of public and private contracts. The content of tenders, corrections, cancellations of procedures, pre-qualification decisions, awards, answers to questions asked in the forum and other information published on the KONKURADO platform regarding a tender remain the full responsibility of the contracting entity.

4.6 Other users

Other users, in particular research users, are obliged to cite sources properly in accordance with scientific standards when using and publishing data generated by the KONKURADO platform.

4.7 Consent of provider and client

By completing the form for participation in a call for tenders, the bidder gives his/her consent for his/her details to be communicated to the client.

The bidder and the client agree that information about a successful bid may be published on the KONKURADO platform.

Reference is also made to Section 7 (Copyrights).

4.8 Liability of the contractual partner

The contractual partners are liable to the extent permitted by law for all damages they cause to the Foundation or the operator in connection with the KONKURADO platform. They shall indemnify the Foundation and the Operator against any third-party claims that may arise as a result.

5.1 Functionality and completeness of the platform

The Foundation vouches for the basic functionality of the platform. However, users are aware that in complex information systems, even with careful development and operation, functional errors cannot be completely avoided. The Foundation therefore cannot guarantee that www.KONKURADO.ch will function without errors. Furthermore, the Foundation cannot guarantee that all information on tenders and/or competitions, for example from official gazettes, the Swiss Official Gazette of Commerce (SOGC), public procurement platforms or from private parties, is contained on KONKURADO.

Application errors are rectified by updates or new versions. The Foundation is free to determine the time at which errors are rectified as part of its release planning. However, it shall endeavour to rectify serious errors as quickly as possible. When delivering updates or new versions, the Foundation cannot guarantee that all functions will be maintained unchanged.

5.2 IT security

The KONKURADO platform has a modern level of IT security. The users' data is protected by https encryption and the use of passwords/security codes.

The Foundation has no influence on the files that are exchanged between registered users. In particular, the Foundation cannot guarantee their integrity and readability. The registered users are responsible for ensuring that the formats are virus-free and compatible.

5.3 Data protection (see also Privacy Policy)

Personal data that is not to be published is treated confidentially and adequately protected against access by unauthorised persons. By entering personal data in a contact form or by sending e-mails, the user consents to the processing of his/her personal data for a specific purpose.

In all other respects, please refer to the Foundation's privacy policy.

5.4 Data storage / archiving

Archiving/deletion on www.KONKURADO.ch is regulated as follows:

All recorded data and documents are stored on the KONKURADO platform for at least 10 years.

For private clients and public authorities that use KONKURADO to archive their competitions, archiving, data maintenance and deletion are regulated separately.

Data storage takes place externally at nine.ch in a data centre and meets the usual security requirements by means of a fully redundant system.

5.5 Liability of the Foundation in general

In the event of claims by registered users in connection with KONKURADO, the Foundation shall only be liable, irrespective of the legal basis for liability, for damage caused by gross negligence or wilful misconduct on the part of the Foundation or its employees. The Foundation excludes liability for its auxiliary persons and subcontractors to the extent permitted by law. Liability for indirect and consequential damages is also excluded to the extent permitted by law. Liability is limited to the Foundation's assets.

Any liability of the Foundation towards non-registered users or third parties on the basis of the KONKURADO platform is excluded. In particular, the Foundation assumes no warranty, guarantee or other responsibility for the correctness or completeness of the information published on the KONKURADO platform.

Any liability of the Foundation towards all user groups or third parties for errors in the transfer of information on tenders or competitions from external sources (in particular official journals, business platforms and information from private individuals) to the KONKURADO platform is excluded to the extent permitted by law. For all user groups or third parties, only the information from the original source (in particular official gazettes, procurement platforms) is binding. In particular, any liability of the Foundation for non-compliance with deadlines and time limits due to transmission errors is excluded.

Despite appropriate protection and reaction to corresponding information, the Foundation cannot rule out the possibility that the KONKURADO platform may be used for improper purposes. The Foundation declines all responsibility for damage resulting from misuse by users or third parties.

The Foundation accepts no responsibility or liability for the content or correct functioning of third-party websites that are accessible via a link or other reference on the KONKURADO platform or that refer to the KONKURADO platform by means of a link or otherwise.

The Foundation is not responsible for delays in performance due to force majeure or other events that make it significantly more difficult or impossible for the Foundation to perform (including, in particular, natural disasters, strikes, lockouts, official orders, power failures not caused by the Foundation, etc.), even if they occur at subcontractors, even for bindingly agreed deadlines and dates. Such events shall entitle the Foundation to postpone the deadline or date by the duration of the hindrance plus a reasonable start-up time.

5.6 Exclusion of liability of the operator

Any liability of the operator towards all user groups or third parties in connection with the KONKURADO platform is excluded to the extent permitted by law.

5.7 Neutrality of the Foundation

The Foundation has an independent and neutral position. It has no influence on the actions or decisions taken, in particular by clients, and published on the KONKURADO platform. Complaints or objections in the broadest sense, in particular against tenders or contract awards, can therefore not be directed against the Foundation.

The Foundation is neither a party to procurement contracts of any kind nor an intermediary between the users of www.KONKURADO.ch. All procurement contracts are concluded and executed exclusively between the respective clients and bidders - outside of the KONKURADO platform.

The Foundation management may exclude registered users from accessing the KONKURADO.ch platform or restrict their access authorisations without prior notice. Exclusion or restriction may occur in particular if

• the KONKURADO platform is misused,
• registered users do not comply with these GTC,
• there is a suspicion that registered users are violating applicable law, traffic practice, SIA rules, guidelines or regulations or common decency by publishing content,
• the access code is misused or disseminated,
• data from the KONKURADO platform is used commercially without a corresponding utilisation agreement with the Foundation,
• or the user intentionally or unintentionally posts virus-infected content online.

Exclusion of the registered user shall result in the immediate cancellation of the contractual relationship with the Foundation. Neither the restriction nor the exclusion or cancellation of the contractual relationship can be contested. Subscription fees paid cannot be reclaimed.

The structure of the KONKURADO platform and the applications for preparing and accessing the content are the intellectual property of the Foundation or its partners and are protected by copyright. The tender and offer content remains the intellectual property of the client or tenderer. However, the Foundation is granted the right to use all content free of charge for the purpose of the KONKURADO platform and, in particular, to make it accessible to all user groups.

The complete or partial reproduction, publication or linking (in particular integration into a website or the intranet) of the platform structure, applications or content of the KONKURADO platform requires the prior written consent of the Foundation.

8.1 Changes to the GTC

The Foundation may amend these GTC, including the Privacy Policy, at any time. Registered users will be notified of the changes by e-mail or other suitable means (online). By using the KONKURADO platform again, the user accepts the amended GTC. If the registered user rejects the changes, the contractual relationship shall lapse with immediate effect. Subscription fees already paid will be refunded pro rata temporis at the request of the registered user and after the registered user has provided his/her full payment address

The binding version of the GTC, including the privacy policy, can be viewed and printed out on the KONKURADO platform.

8.2 Maintenance of the contractual relationship

Should individual provisions of these GTC including the data protection declaration be or become invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a new provision that comes as close as possible to the economic and legal effect of the invalid provision.

8.3 Contradictions

In the event of contradictions between the different language versions of these GTC or between the GTC and the Privacy Policy, the German version of the GTC shall prevail.

8.4 Dispute resolution

The contracting parties undertake to endeavour in good faith to reach an amicable settlement in the event of differences of opinion in connection with the applicable GTC and/or the KONKURADO platform. If no agreement can be reached within one month of the first complaint submitted by e-mail or in writing, each contracting party is free to take legal action. This shall be subject to precautionary measures or other precautions or legal remedies, which must be taken immediately.

8.5 Place of jurisdiction and applicable law

The exclusive place of jurisdiction for all disputes between the Foundation and users in connection with the KONKURADO platform, including disputes regarding the valid conclusion of the contractual relationship between the Foundation and (the registered) user(s), is Zurich.

The contractual relationship between the Foundation and the registered user(s) and/or these GTC, including the privacy policy, shall be governed exclusively by substantive Swiss law.