The term "Future Areas" is operated by Etalco AG, located at Seefeldstrasse 69, 8008 Zurich, as a value-added network that brings together small and medium-sized enterprises across the entire 360-degree value chain in the fields of high and civil engineering, encompassing real estate, infrastructure, landscape, and environmental sectors (the "Value-Added Network"). Within the framework of this Value-Added Network, the owner and operator, Etalco AG, provides an online platform (the "Online Platform").
This Membership Regulations primarily govern the general terms and conditions, individual membership categories, admission requirements, the admission process, exclusion procedures, as well as the rights and obligations of the members and Etalco AG. The term "members" in this context refers to users of the Online Platform or contractual partners of Etalco AG. It is expressly not a membership relationship in the sense of Art. 60 et seq. of the Swiss Civil Code (ZGB) or any other corporate legal relationship, nor is a membership or other corporate legal relationship established by these Membership Regulations.
1.1 Scope of Application: These Membership Regulations apply to all usage relationships between the members and the Future Areas Value-Added Network, as well as regarding the personnel and material prerequisites provided by Etalco AG for Future Areas operations.
1.2 The owner and operator of Future Areas provides fee-based core services related to project and bidding processes, announcements of relevant topics, events, lectures, and networking events.
1.3 Additional services include a pool of professionals, temporary personnel, and succession planning, as well as workshops and training modules.
1.4 Contract Formation: The contract is formed when the member registers on the online platform, subject to a positive completion of the admission process as per Article 3.
1.5 Contract Duration: The contract or membership is valid for one or two years. The right to terminate membership is reserved as per Article 3.
1.6 Membership Fees: The fees as per Article 5 are exclusive of value-added tax (VAT). Etalco AG reserves the right to change the annual fees at any time. The fees valid at the time of registration on the website www.future-areas.swiss apply. Membership fees are paid by credit card. Payment of membership fees over CHF 5,000 is possible via invoice.
1.7 Responsibilities of Etalco AG: Unless otherwise agreed, Etalco AG fulfills its obligations by providing the agreed-upon services, including the Future Areas Network Office Administration (NOA). Some of Etalco AG's services are provided online. The registered office of Etalco AG serves as the place of performance for all services, unless otherwise specified.
1.8 Right of Use: Etalco AG grants the member the right to use the services on the online platform, subject to Article 6 and Article 7.
1.9 Member's Obligations: The member is obligated to exercise the usage rights of the online platform only within the scope granted. The member is fully responsible for securely storing their access data and passwords. The member is also responsible for the content of the data and information they enter. By accepting these Membership Regulations, the member confirms that, in the case of natural persons, they have full legal capacity and are of legal age. The member expressly declares during registration that all provided information is truthful, up-to-date, and in compliance with the rights of third parties, good morals, and the law. Etalco AG is particularly entitled to verify the legality of the content entered by the member on the online platform at any time.
1.10 Membership Termination: Membership ends without notice at the end of the selected membership period. Upon payment of the membership fee again, the membership is extended for the desired number of membership years.
1.11 Warranty: Etalco AG strives for good availability of data and information on the online platform and takes reasonable precautions to protect against third-party interference. However, it cannot guarantee uninterrupted and fault-free operation of the online platform and the offered services, nor can it guarantee that the files are free from viruses. Etalco AG does not provide a warranty for the accuracy, completeness, reliability, or quality of the published or transmitted information and documents. It also cannot guarantee non-spamming, harmful software, spyware, hackers, or phishing attacks, etc., that may affect the use of the service, damage the infrastructure (e.g., end devices, PCs) of members, or otherwise harm them. Etalco AG cannot provide a warranty for the accuracy, completeness, reliability, or quality of the information, processes, and work results provided or transmitted. Any problems must be reported to Etalco AG promptly.
1.12 Liability: Liability for any direct and indirect damages and consequential damages is fully excluded. Liability for direct damages is limited, depending on the context, to the amount of the annual membership fee or the fee for separately purchased services by the member. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The member is obligated to report any damages to Etalco AG promptly. Any further claims, especially claims for compensation due to force majeure, are excluded.
1.13 Intellectual Property Rights: All rights to the products, services, and any trademarks belong to Etalco AG, or Etalco AG is authorized to use them by the respective owner. Neither these Membership Regulations nor related individual agreements entail the transfer of intellectual property rights, unless explicitly stated. Furthermore, any reuse, publication, or dissemination of information, images, text, or other materials received by the member in connection with these provisions is prohibited unless expressly approved by Etalco AG. If the member uses content, text, or visual material in connection with Etalco AG or the Value-Added Network for which third parties have protective rights, the member must ensure that no third-party rights are violated.
2.1 The following member categories can participate in the value-added network and enter into corresponding agreements:
2.2 Category A members of the value-added network are categorized into primary groups, subgroups, and industries within the 360-degree value chain, across the following four lifecycle phases:
2.3 Category B members outside the value-added network are members who directly or indirectly benefit from the 360-degree value chain and are interested in the successful development and growth of the value-added network. These may include:
2.4 Category C members are Supporting Members and are divided into two subcategories:
3.1 For all members, it is a prerequisite that they acknowledge the mission of the value-added network in their daily activities. They fully accept the principles of the value-added network and the Membership Regulations.
3.2 Admission Requirements: The admission process for all three membership categories proceeds as follows:
3.3 Exclusion Procedure: The exclusion procedure for all three membership categories proceeds as follows:
4.1 Members of the Future Areas Value-Added Network declare the required information and areas of activity when submitting their membership application (registration). On the online platform, members are listed and promoted according to their areas of activity, and, if desired, with additional entries in an online directory.
4.2 Members benefit from the interaction between members within and outside the value-added network, as well as between members and the Key Account Managers who are responsible for the operator and support functions.
4.3 All members have the right to submit relevant contributions for the weblog, lectures, networking events, and workshops organized by the Future Areas Network Office Administration (NOA) for announcement on the online platform, subject to the NOA's review.
4.4 All members receive the free newsletter from the Future Areas Network Office Administration (NOA). Members also have access to the processed industry information of the value-added network.
4.5 All members have access to the extended services, such as the use of the pool of professionals, temporary personnel, and succession planning, subject to the payment of individually agreed-upon service charges. For this service area, please refer to the price list.
5.1 It is a prerequisite for all members to acknowledge and respect the mission of the value-added network in their daily activities.
5.2 The annual membership fees vary depending on the number of employees and membership category (annual fees in CHF excluding VAT):
| cat. A | SME 01 – 10 employees | CHF 1‘250.- |
| SME 11 – 50 employees | CHF 2‘500.- | |
| SME 51 – 250 employees | CHF 5‘000.- | |
| Companies with 250 or more employees | CHF 7‘500.- | |
| cat. B | private builders /owners | CHF 1'250.- |
| commercial builders / owners | CHF 2'500.- | |
| public builders / owners | CHF 5'000.- | |
| institutional builders /owners | CHF 7'500.- | |
| Registration and certification fees (onboarding), one-time* | ||
| A / B | SME 01 - 10 employees | CHF 750.- |
| SME 11 - 50 employees | CHF 1'500.- | |
| SME 51 - 250 employees | CHF 3'000.- | |
| Companies with 250 or more employees | CHF 4'500.- | |
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*Startup bonus: On contracts concluded in 2023, the onboarding fees are waived. |
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6.1 The addresses of members of the value-added network may not be disclosed to third parties under normal circumstances. Member directories published on the online platform are secured in a way that prevents copying.
6.2 Exceptions to this principle are only possible for projects directly involving the value-added network, such as public announcements related to the value-added network or events. Addresses may only be disclosed for one-time use.
6.3 The value-added network offers interested parties the option of sending materials for a fee, provided that the sent materials do not contradict the network's objectives. Current rates can be obtained from Etalco AG.
6.4 Members explicitly agree to the use of their addresses in accordance with this provision in Article 6 when submitting a membership application.
7.1 Etalco AG is the sole owner of all rights to the "Future Areas" logo ("Logo").
7.2 The logo is subject to copyright protection and trademark protection due to trademark registrations.
7.3 Etalco AG grants members the right to use the Member Logo ("member of future areas") for business purposes.
7.4 The use of the logo must not contradict the network's goals or the interests of the value-added network or Etalco AG, and must not be done unlawfully. In particular, members are not entitled to use the logo to identify their business operations, including as part of their company name or trade name.
7.5 Members are obliged to use the logo exclusively in the form displayed on the online platform. Any even minor modification of the logo requires prior written approval from Etalco AG. Members are specifically not authorized to use individual parts of the logo in isolation. The logo intended for use by members is provided by Etalco AG.
7.6 The right to use the logo is reserved for Etalco AG, the value-added network, and its members. Members are not authorized to grant third parties the right to use or transfer the logo for private or business purposes.
7.7 Etalco AG reserves the right to revoke the usage rights of the logo from individual members or all members at any time and without specifying reasons, or to restrict the scope of usage through instructions.
7.8 Upon termination of membership, the right to use the logo expires.
8.1 Amendments: The Membership Regulations may be amended by Etalco AG at any time. The changes take immediate effect from the date of publication unless the member objects in writing within thirty (30) calendar days from the date of publication. Furthermore, continued use of the online platform after publication constitutes acceptance of the changes.
8.2 Severability Clause: If any provision of these Membership Regulations is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall apply that comes closest to the economic purpose of the invalid provision.
8.3 Confidentiality: All parties, including members, Etalco AG, and members among themselves, undertake to treat all information submitted or acquired in connection with the services confidentially. This obligation remains in effect even after the termination of the contract.
8.4 Force Majeure: If the performance of the service by Etalco AG or third parties involved is rendered impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, riots, civil wars, revolutions, uprisings, terrorism, sabotage, strikes, nuclear accidents, or reactor damage, Etalco AG is exempt from fulfilling the affected obligations for the duration of the force majeure and a reasonable grace period thereafter. If the force majeure lasts longer than 30 days, Etalco AG may terminate the contract, with already paid membership fees being refunded pro rata temporis.
8.5 Applicable Law / Jurisdiction: These Membership Regulations are subject to Swiss substantive law. In the absence of mandatory legal provisions to the contrary, the court at the registered office of Etalco AG shall have jurisdiction.
8.6 In case of doubt, the German-language text of these Membership Regulations shall prevail.
8.7 These Membership Regulations shall come into effect on December 1, 2022.