General Terms and Conditions of Contract Namsu GmbH
(Product "Namsu Smart")

Scope

These General Terms and Conditions of Contract shall apply to all contracts concluded between Namsu GmbH and its respective contractual partner concerning the use of the product "Namsu Smart" via namsu.ch. The version of the General Terms and Conditions of Contract valid for the respective contract (indicating the relevant date) can also be accessed at any time via the homepage (namsu.ch).

Subject matter of the contract and obligation to perform of Namsu GmbH

The Namsu GmbH (hereinafter: Namsu) offers with its product "Namsu Smart" a service to people looking for a new tenant, in which it takes over the search for a new tenant from its contractual partners to the extent described below. If a contract (hereinafter: Contract) is concluded between Namsu and an interested party (cf. in this regard under item Formation and early termination of Contract of these General Terms and Conditions), the contractual partner will also receive access to the corresponding web-based application under namsu.ch for the duration of the contract period (cf. in this regard under Duration of Contract of these General Terms and Conditions).

If a contract for the product "Namsu Smart" has been validly concluded between Namsu and an interested party and the contractual partner has fulfilled its obligations to cooperate according to point Obligation of the contractual partner to perform of these General Terms and Conditions of Contract, this establishes on the part of Namsu in detail the obligations to perform listed below.

The obligation of Namsu GmbH to perform shall in any case only arise after payment/performance of the remuneration owed by the contractual partner (cf. in this regard under point Obligation of the contractual partner to perform of these General Terms and Conditions).

1. Review of the rental contract submitted online
2. Inclusion of the rental property in Namsu's broker network after completion of the onboarding process. For a brokerage period the property will be offered exclusively to Namsu's broker clients. The length of the period depends on the time left until the desired apartment handover date (the less time available the shorter the brokerage period). If, in a specific case, the additional guarantee option mentioned below under point 11 comes into effect, the decision as to when a property is removed from Namsu's broker network rests solely with Namsu.
3. If no suitable prospective tenant is found from the broker network, the advertisement will be placed on publicly accessible online platforms in accordance with the parameters specified by the contractual partner or contained in the rental contract. The following list shows such platforms as examples (whereby an advertisement on flatfox.ch will be placed in any case):
   • www.flatfox.ch
   • www.urbanhome.ch
   • www.properstar.ch
4. Receiving and checking all new tenant applications for completeness, which have been submitted via the web-based application namsu.ch. Should paper applications be received by Namsu or sent directly to the contractual partner, they will be disregarded. Namsu does not verify the accuracy of the information submitted by applicants namsu.ch. That is, Namsu bases its review on the information provided by the applicants.
5. Evaluation of all new tenant applications received via the web-based application namsu.ch according to applicable rental law criteria and assignment of an according Namsu-Score within a Namsu-Category. The Namsu-Score ranges from 1 to 10, with a score of 10 being assigned when the legal criteria are fully met as defined in item 9 of this clause. The general categorization of the applications is done in three standard levels (red, yellow and green).
6. Selection of those new tenant applications which, based on the evaluation carried out (as aforementioned), have achieved the highest Namsu scores or, in the opinion of Namsu, offer the highest probability that a contract takeover by the subsequent tenant will be achieved. The selection of applicants is the sole responsibility of Namsu.
7. Submitting new tenant proposals by sending a legally compliant letter and the necessary documents.
8. Conduct necessary communication with the landlord or the relevant administration, provided that the communication is related to the new tenant proposal. For this it is mandatory that the authorization form sent to the contractual partner as part of the Welcome-Package has been dated, signed and returned to Namsu. If the authorization is not available to Namsu or not legally signed or dated, the new tenant search process will be delayed accordingly.
9. Provision of a lawyer (without free choice of lawyer by the contractual partner), if the proposal for a new tenant is rejected by the landlord, even though the proposed applicant has been rated with the highest Namsu-Score. Due to the lack of verifiability under reasonable effort, the Namsu-Score explicitly does not cover cases which lead to a rejection by the landlord due to e.g. a competing activity of the interested party. Namsu itself does not provide legal advice. The service under the Contract for the product "Namsu Smart" is also not to be understood as such.
10. Activation of the web-based application namsu.ch for use by the contractual partner. In doing so, the contractual partner has access to a dashboard with an overview of the current status of the search process as well as the number of applications received with the corresponding Namsu Score categories, provided that the contractual partner has logged in with the email and password provided during the registration process.
11. In addition, Namsu grants the option (also referred to herein as the “Additional Option”) for selected rental properties at no additional cost that it will assume the risk of rental payments for the customer in the absence of suitable new tenant applications until the next possible termination date of the relevant tenancy. This option does not entail any additional costs for the customer. However, it only applies if the rental apartment in question qualifies for this and this is explicitly confirmed to the customer by Namsu. After entering his data on namsu.ch, the customer receives feedback from Namsu as to whether the rental property offered by him qualifies for the additional option. If a rental property does not qualify for the additional option, the performance obligations of Namsu listed above shall apply upon valid conclusion of the contract.

Formation and early termination of the Contract

The Contract is concluded by the prospective customer registering on namsu.ch with an email address and a password, selecting the product "Namsu Smart", and electronically accepting these General Terms and Conditions of Contract and Namsu's Privacy Policy.

Subsequently, in order to confirm the concluded Contract, the contractual partner will receive an email to the address provided in the course of registration with an electronic invoice.

Namsu expressly reserves the right to unilaterally cancel the conclusion of the Contract without giving any reason within 24 hours after the conclusion of the Contract. In this case, the amount already paid will be refunded immediately by the payment method chosen for payment. The customer will be informed about this by email (to the address provided during registration).

If the contractual partner makes use of his right to terminate the Contract before the completion of the search for a new tenant process in accordance with these General Terms and Conditions of Contract, the contractual partner shall send an email to support@namsu.ch for this purpose. In this case all obligations of Namsu not yet performed shall lapse. Namsu will delete all advertisements within 72 hours after receipt of the email and, if communication with the landlord or the administration has already taken place, will inform the latter about the termination of the authorization. The further correspondence is then in the sphere of the contractual partner. The fee paid at the conclusion of the Contract will not be refunded due to the effort incurred.

Obligation of the contractual partner to perform

1. After successful conclusion of the Contract, the contractual partner is obliged to pay the fee in the amount of CHF 99 by means of one of the specified payment methods.
2. Then the contracting party undertakes to upload the authorization form sent to him, dated and signed, in the field provided for this purpose in the dashboard on namsu.ch (as a pdf, jpeg or png file). If the contractual party does not agree with the party who signed the relevant rental contract, the following shall apply: the authorization form shall be signed by all parties who signed the relevant rental contract, respectively by all parties who have reference to the rental contract as spouses or registered partners.
3. Furthermore, the contractual partner undertakes to truthfully provide the data required within the framework of the "onboarding" process regarding the property to be rented, as well as to provide Namsu with the following documents: Images of the apartment, applicable rental contract, house rules (if handed out or posted) and proof of any supplementary agreements between the landlord or management and the current tenant.
4. Carrying out viewings, whereby in the event that the additional option under clause 2/11 of these terms is granted, the contractual partner undertakes to be available for at least five viewing appointments and to ensure that the rented apartment is presented properly.

If the contractual partner fails to comply with one or more of its contractual obligations, the additional option, if one was granted, shall automatically expire and there shall be no further guarantee for the timely execution of the subsequent tenant search process. The contractual partner shall be solely liable for any delays resulting from this and the resulting damages and consequential damages.

Duration of Contract

The Contract for the product "Namsu Smart" is concluded for the duration of the search for a new tenant and ends at the latest at the time when the current rental agreement of the contractual partner is deemed to be terminated.

Disclaimer

Any liability for damages arising out of or in connection with the technical use of the web-based application is excluded to the fullest extent permitted by law.

The contractual partner is exclusively and fully responsible for the information transmitted during the onboarding process. Namsu expressly assumes no liability for any damages or consequential damages incurred as a result of incorrect or late information.

Any warranty and liability beyond the description of services contained herein is excluded to the fullest extent permitted by law.

Use of templates provided

The use of the provided templates (such as that of a termination letter) is at the user's or contractual partner's own risk. The contractual partner or user of the template is responsible for verifying the accuracy and completeness of the information in the template before using it.

Technical support

In case of technical problems concerning the functioning of the web-based application, users have the possibility to contact Namsu's support team at any time. To do so, an email describing the underlying technical problem should be sent to support@namsu.ch and, if possible, should include screenshots. Namsu guarantees to handle the issue within 24 hours of receiving the email.

Privacy Policy

Privacy is governed by Namsu's Privacy Policy, as amended from time to time. The privacy policy for use of the namsu.ch application can be accessed via the following link: Privacy Policy.

Changes

Namsu reserves the right at any time to change or adapt these General Terms and Conditions of Contract to the extent permitted by law. The contracting party will be informed of the version applicable to the respective contract in the context of the conclusion of the contract. The applicable version of the General Terms and Conditions of Contract can also be accessed at any time via the homepage (namsu.ch).

For all disputes arising from or in connection with the use of the web-based application (namsu.ch) as well as for all disputes arising from or in connection with the contract, the ordinary courts at the domicile of Namsu shall have exclusive jurisdiction. Applicable law is exclusively Swiss substantive law (excluding private international law).

As of January 24, 2025

These General Terms and Conditions of Contract are also available in English for general information. Only the German version of these General Terms and Conditions of Contract is legally binding.