Terms and Conditions
General Terms and Conditions Virtido (by Recentis GmbH)
These General Terms and Conditions (hereinafter “GTC”, “terms and conditions”) apply to all services and products (hereinafter “Services”), which Recentis GmbH provides directly and under its brand name Virtido (hereinafter “Company”). A Customer is any natural or legal person, who has entered into a contract with the Company (hereinafter “Customer”).
The terms and conditions apply to all services provided by the Company. Other contractual provisions such as written individual agreements, specifications, service level agreements (“SLA”), etc., take precedence over the GTC in the event of contradictions and supplement the numbers defined in these terms and conditions.
The current and binding version of the GTC is published on the Internet at www.virtido.ch. A written edition can be obtained from the Company.
§2. Services of the Company
The Company provides Services, which are commissioned by the Customer in written or verbal form.
The Company has the discretion to perform the Service itself or to use knowledgeable third parties in the provision of Services and / or to substitute such Services (“third party service”).
The Customer agrees that the data required for the fulfillment of the task will be become available to third parties as part of the third-party service. It should be noted that the storage, processing and transfer of personal data is subject to laws other than those applicable in Switzerland.
§3. Customer’s cooperation duties
By creating an order, the Customer of the Company has the maximum time that may be required for the implementation and the desired deadline in advance. The Customer informs the Company when exactly or time deemed necessary to consult with the Customer again.
Errors and delays caused by unclear, incorrect or incomplete information by the Customer cannot be charged to the Company.
If the Customer fails to meet his obligations to cooperate on time or sufficiently, and the timely performance of the service or partial performance becomes impossible, the Company is entitled to withdraw from the obligation to provide the Service or to provide the Service at a later date. Additional expenses and costs incurred by the Company due to non-compliance with the obligation to cooperate shall be borne by the Customer.
The announcement of the maximum time required to carry out Services calculated by the hour does not mean that the task can be completed during this time. The maximum execution time only serves as cost ceiling for the Customer.
Specified delivery or performance deadlines are considered only as approximate and non-binding unless expressly agreed as binding.
In case the delivery / service is delayed by the Company for reasons for which it is not responsible, such as force majeure events and other unforeseeable events that cannot be averted by reasonable means shall suspend the performance obligations for the duration and scope of the obstacle and extend the time limits accordingly.
In case the Company is in default, the Customer can only withdraw from the contract, after he has set the Company a reasonable period of extension in writing this time is elapsed unsuccessfully. Claims for damages of the Customer due to non-performance or default are excluded.
§5. Warranty and liability
The Company fulfills the orders of the Customer according to the written or verbal order to the best of your knowledge.
The Customer must immediately report any detected defects due to complaints, in any case within one week after performance of the Service by the Company, in writing with a precise description of the defect; otherwise the service is deemed to be approved. In this case, the assertion of warranty and compensation claims due to defects is excluded.
The Company commits itself to the Customer for the careful rendering of the Services in accordance with the contract, these terms and conditions and the other contractual provisions. The liability of the Company for all direct and indirect damages is hereby excluded in full. This applies in particular to damages caused by negligent behavior of the Company. The disclaimer applies to both contractual and non-contractual or quasi-contractual claims. The liability of the Company for property damage, consequential damages and lost profits is excluded. This also applies to all types of damage caused by the external employees mediated by the Company, who work on site in the premises of the Company and on behalf of the Customer, as well as for damages, which are provided by third parties in the context of the external service.
§6. Property, copyright and use
The Customer shall receive the unlimited right of use for the work results created in the context of a project, in particular for software including documentation, for the contractually presupposed purpose unless otherwise stipulated in the individual agreement.
All other usage rights are set individually for each project as part of the contract.
The Company is entitled to use the work and products it has created for the Customer.
§7. Data protection and confidentiality
Both contracting parties commit themselves and their coworkers and auxiliary persons employed to the maintenance of the confidentiality of all not generally known documents and information, which refer to the business sphere of the other partner and in the preparation and execution of this contract become accessible. This duty remains for as long as there is a legitimate interest, even after the termination of the contract. The contracting parties are aware that conclusion and fulfillment of the contract may lead to the processing of personal data about the contracting parties and their employees. You agree that such data will be used to manage and maintain your business relationships.
The Company is entitled to keep the data provided by the Customer and the results of the orders for documentation purposes or to store them electronically.
The current and binding prices for standardized services are published on the Internet at www.virtido-lab.com or directly available from the Company. For individual services offers are issued on request. Changes of prices and discounts for services of the Company are possible at any time and on any date. If current contracts are affected by price changes, Customers will be informed well in advance about the price changes. If the Customer is significantly disadvantaged by such a change, he is entitled to terminate the contract in writing and enrolled upon entry into force of the new prices. This right of termination expires after the entry into force of the new prices or discounts. The change of tax or other applicable royalty rates as well as foreign currency influences entitles the Company to adjust its prices without prior notice. The Customer has no right of termination in this case.
§9. Terms of payment
For a standardized service prepayment is charged through the online store. For other services and on request an invoice can be issued. The Customer undertakes to pay the invoiced amount at the latest by the due date stated on the invoice. If no due date is specified, a payment period of 30 days applies. If the Customer does not fulfill his obligation to pay within the term of payment, he shall be in default of payment at the end of this period without further notice and shall pay the default interest applicable in accordance with Swiss law. The Company is entitled to charge the Customer a fee for each issued reminder in addition to the invoice amount and the default interest. Further fees are reserved.
If payment is not made by the end of the payment period, the Company is entitled to block or discontinue all services to the Customer without further notice.
§10. Non-solicitation agreement
The Customer undertakes not to solicit any employees of the Company (or its subsidiaries) or third parties as part of the external service in whatsoever purpose. In the event of a breach of this non-solicitation, the Customer undertakes to pay a contractual penalty in the amount of two years’ salary of the employee who has been recaptured plus lost sales in the same period. The payment of the contractual penalty does not exempt the non-solicitor. Further damages remain reserved.
These non-solicitation bans apply for the duration of the contractual relationship between the Company (or its subsidiaries) and the Customer, as well as one year after its termination.
§11. Severability clause
In case one of these clauses be ineffective, this does not affect the validity of the other clauses. If a clause of these conditions is only ineffective in one part, the other part remains valid. The parties are obliged to replace an ineffective clause with an effective substitute clause that comes as closely as possible.
The Company is entitled to change these terms and conditions at any time without the consent of the Customer by publication on the homepage www.virtido-lab.com. The contract between the Customer and the Company is subject in each case to the version of the GTC published on the Company’s homepage.
§13. Jurisdiction and applicable law
The contractual relationships with the Company are subject exclusively to Swiss law.
The courts of the city of Zurich (district 4) are exclusively responsible for disputes arising from or in connection with the contractual relationship between the Company and the Customer.