TERMS & CONDITIONS

1. Scope

These General Terms and Conditions ("Terms") apply to the business unit of Swiss Business Analytics GmbH, Kirchweg 60, CH-3324 Hindelbank, (hereinafter "Company"). The purpose of the company is to create and distribute business worldwide analytics and software solutions and planning, implementation and management of lT projects. These General Terms and Conditions apply to the above-mentioned areas as well as the other services that the company provides directly and indirectly to the customer.

2. Conclusion of the contract

The conclusion of the contract is due to the acceptance of the offer of the company, concerning the purchase of services, products or licenses by the customer. The contract is also concluded if the customer uses the services offered by the company or purchases or uses products of the company (license).

 

3. Prices

Subject to other offers, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable VAT. The prices are exclusive of any other applicable taxes. The company reserves the right to change its prices at any time. The prices valid at the time of the conclusion of the contract apply to the website or according to the separate price list of the company. The prices valid at the time of the conclusion of the contract apply to the customer.

 

4. Payment

The customer is obliged to pay the invoiced amount within 14 days from the invoice date. Unless he has already paid the amount by credit card, Paypal or other payment systems during the ordering process. If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not pay the invoice within the scheduled reminder period, he shall automatically default. From the time of default, the customer shall be liable for default interest in the amount of 10%. The company reserves the right to demand advance payment at any time without giving reasons. Settlement of the invoiced amount with any claim of the customer against the company is not permitted. The company has the right to refuse to provide the service, the delivery of the product or the granting of the license in the event of a delay in payment.

5. Obligations of the Company

5.1. Service provision
Subject to agreement to the contrary, the Company fulfills its obligation by providing the agreed service. The service includes the services that were agreed upon at the time of conclusion of the contract. The registered office of the company shall be deemed to be the place of performance, unless otherwise specified.
5.2. Auxiliary
The parties have the express right to assist auxiliaries in order to fulfill their contractual obligations. You must ensure that the assistance of the assistant takes place in compliance with all mandatory legal provisions and any total employment contracts.

6. Documents and Templates

6.1. Use
The company grants the customer the right to use the documents. These usage rights are non-exclusive, non-transferable and limited to use by the customer. The individual documents serve as templates and may only be used by the customer as templates and for their own purposes. Any transfer to third parties as well as other use, commercial or other nature is prohibited.
6.2. Formatting
If the documents are created in a format that restrict scan the customer's rights of use, this corresponds to the will of the company and a reformatting is not permitted.

7. Obligations of the customer

7.1. Exercise of rights of use
The customer is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the collected data and information. The customer is obligated to take all precautions necessary for the provision of the service by the company immediately. The customer must make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this includes providing appropriate information and documentation to the company. By accepting these General Terms and Conditions, the customer also confirms that he has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and in accordance with the rights of third parties, morals and the law.
7.2. Obligations to cooperate
The customer is obliged to take all precautions necessary for the provision of the service by the company immediately. The customer must make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this includes providing appropriate information and documentation for the company. Furthermore, the customer is obliged to cooperate fully and promptly. He must provide the company with any documents required in connection with the provision of services without being requested, complete and correct in terms of content. The company assumes that the information and documents supplied are correct and complete and comply with the statutory obligations to cooperate and provide information. The customer is only responsible for verifying the accuracy and regularity of the customer's information, documents and figures if this has been agreed in advance in writing.
7.3. Other obligations
The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the collected data and information. The company is entitled to control the behaviour of the customers in connection with the use of the Internet platform. In particular, the company is entitled to check the legality of content recorded by the customer on the online platform at any time.

8. Resignation

8.1. Services
Both parties have the right to withdraw from the contract at any time. The resigning party shall pay the other party's expenses in full. Withdrawal at untime is not permitted. The customer will be charged for the costs caused by the withdrawal. The exact amount will be communicated to the customer at the time of conclusion of the contract.
8.2. Products
The exchange of products is generally excluded.
8.3. License
The customer is granted the right by the company to use the documents for the agreed duration. A withdrawal after completion of the order, but before use is possible free of charge. A withdrawal after use is no longer possible and the agreed fee is due for the contractual duration.

9. Upgrade / Add-on

An upgrade from a smaller to a larger package is possible at any time. However, the downgrad is excluded. If the customer has chosen a larger package and does not receive all services, he is not entitled to a refund. Add-ons selected for the package cannot be deselected at a later time. If the performance of an add-on has been performed, it will be fully charged, any rebate of unused add-on it will be excluded.

10. Retention of title

Ownership of the products remains with the company until the purchase price has been paid in full. Until then, the customer may not dispose of the products, in particular not sell, rent or pledge.

11. Warranty

The company strives for a good availability and takes reasonable precautions to protect from interference by third parties. However, it cannot guarantee that the services offered will function without interruption or disruption, nor can it guarantee that the files are virus-free. The company does not guarantee the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and documents. It also cannot guarantee non-spamming, malicious software, spyware, hackers or phishing attacks, etc. that interfere with the use of the service, damage the customer's infrastructure (e.g. terminal devices, PC) or otherwise damage the customer's infrastructure (e.g. terminal devices, PC) or otherwise damage. The company cannot guarantee the factual and content-related correctness, completeness and reliability or quality of the information and processes provided, published or transmitted, as well as the result of the work of the services.  Any problem or defect must be reported to the company immediately. The company guarantees that the product is free of defects in material and manufacturing. Any defect must be notified to the company immediately. It is up to the company to decide whether to repair or replace the defective product. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for external repairs is excluded. During the period of repair, the customer is not entitled to a replacement product. The warranty will begin to run anew for the repaired item, and the original warranty period will continue for the remaining elements of the product.

12. Liability

Liability for any indirect and consequential damages is completely excluded. Liability for direct damages is limited to the sum of the service, product or license purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The customer is obligated to report any damage to the company immediately. Any liability for auxiliary persons is completely excluded.

13. Intellectual Property Rights

All rights to the products, services and any trademarks are the property of the company or it is entitled to use them by the owner. Neither these General Terms and Conditions nor related individual agreements are content with the transfer of intellectual property rights, unless this is explicitly mentioned. In addition, any further use, publication and making available information, images, texts or anything else that the customer receives in connection with these provisions is prohibited, unless explicitly authorized by the company. If the customer uses content, texts or pictorial material in connection with the company in which third parties have a protective right, the customer must ensure that no intellectual property rights of third parties are violated.

14. Data protection

The company may process and use the data entered into in the context of the conclusion of the contract in order to fulfill the obligations arising from the contract. The company takes the measures necessary to secure the data in accordance with the statutory provisions. The customer fully agrees to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to provide information from the customer to this or third parties. If the customer has not expressly prohibited it, the company may use the data for marketing purposes and pass it on to your partners for advertising purposes. The data necessary for the performance of the service may also be passed on to contracted service partners or other third parties.

15. Changes

These General Terms and Conditions may be changed by the Company at any time. 
The new version will take effect through publication on the company's website. The version of the GTC, which is in force at the time of conclusion of the contract, applies to the customers. Unless the customer has agreed to a newer version of the Terms and Conditions.

16. Priority

These General Terms and Conditions apply to all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC are preceded by these GTC.

17. Severability clause

Should any provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The Contracting Parties will replace the invalid provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.

18. Confidentiality

Both parties, as well as their auxiliaries, undertake to treat confidentially all information provided or acquired in connection with the Services. This obligation remains in place even after the termination of the contract.

19. Force Majeure

If timely fulfillment by the company, its suppliers or any third party involved is due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, unrest, epidemics, pandemics, officially ordered closures, civil wars, revolutions and Insurrections, terrorism, sabotage, strikes, nuclear accidents or reactor damage and so on are impossible, the company is exempt from fulfilling the duties concerned during the period of force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the company may withdraw from the contract. The company must reimburse the customer in full the remuneration already paid.
Any further claims, in particular claims for damages as a result of vis major, are excluded.

20. Applicable law / jurisdiction

These GTC are governed by Swiss law. Insofar as no mandatory legal provisions are in place, the court shall have jurisdiction at the registered office of the company. The United Nations Convention on Contracts for the International Purchase of Products (SR 0.221.221.1) is explicitly excluded.

 

©2020 Swiss Business Analytics GmbH