ADDRESS

SecureIT Swiss GmbH
Dorfstrasse 2
3123 Belp
Phone: (+41)76 321 67 66

KEY FACTS

Legal form:
Limited liability company (GmbH)

Company number:
CHE-436.038.769

CH-ID:
CH03640683331

EHRA-ID:
1279620

Employees:
6

Business activity:
Development and planning of websites, web applications and their infrastructure, as well as their protection and safeguarding in terms of both data security and data protection

Customer structure:
We are a professional point of contact for private customers and count small and international businesses among our clients.

DISCLAIMER

SecureIT Swiss GmbH endeavours to provide accurate information and data on its website. However, no liability or guarantee is given for the topicality, accuracy and completeness of the information and data provided. This also applies to all other websites referred to directly or indirectly by means of a hyperlink. SecureIT Swiss GmbH is not responsible for the content of websites reached via such links.

LIABILITY FOR CONTENT

EXTERNAL LINKS

COPYRIGHT

DATA PROTECTION

GENERAL TERMS AND CONDITIONS (GTC) OF SECUREIT SWISS GMBH

(valid from 01.01.2018)
I. Validity of the GTC of SecureIT Swiss GmbH

1. All offers, deliveries and services of SecureIT Swiss GmbH are made exclusively on the basis of these GTC. They therefore also apply to all future business relationships, even if they are not expressly agreed again. These GTC are deemed accepted at the latest when the customer orders the goods or services. The customer's general terms and conditions, in particular purchasing conditions, are hereby rejected, i.e. they are not recognised even if we do not expressly object to them again after receiving them.
2. Deviations from these GTC and ancillary agreements are only effective if we confirm them in writing.

1. All our offers in quotations, catalogues, advertisements, price lists etc. are subject to change and non-binding, unless a binding period is specified in writing in the offer. A contract is only concluded by our written order confirmation, by our acceptance of a repair order or by our delivery.
2. The information in our sales documents, such as drawings, illustrations, weights, technical data etc., is to be understood as approximate only and in particular does not constitute an assurance of properties, unless we expressly designate it as binding in writing. 
3. Our employees are not authorised to make verbal ancillary agreements or to give verbal assurances that go beyond the content of the written contract.
4. If a customer exceeds their credit limit with an order or is in default of payment (see section III.3.), we are released from our delivery obligations towards them.
5. Orders must be placed in writing and can neither be cancelled nor returned. In the event of subsequent changes, we may charge a handling fee. Software media and hardware components whose packaging has been opened will not be taken back.

1. The prices stated in our written order confirmation are authoritative. Additional deliveries and services are invoiced separately.
2. Unless otherwise agreed in writing, our prices include the statutory VAT applicable on the day of delivery and are exclusive of packaging, transport and freight insurance costs ex warehouse Belp.
3. As a rule, our products and services are to be paid in cash (cash in Swiss francs, EC-direct, PostCard). Invoices are payable within 10 days of the invoice date without any deduction. If invoices are not paid on time, irrespective of any credit limit, the customer is in default of payment and we reserve the right to charge default interest of 8% p.a. as well as handling fees.
4. The goods we deliver remain our property until the purchase price has been paid in full. Until then, we are entitled to register the retention of title in accordance with Art. 715 of the Swiss Civil Code (ZGB) in the retention of title register at the buyer's place of residence or registered office. By accepting these GTC, the customer gives their consent within the meaning of Art. 4 of the Ordinance of the Federal Supreme Court on the registration of retention of title, so that we can have the retention of title registered without the customer's involvement.

1. All software programs we distribute are sold only on condition that the customer accepts our GTC. Delivery of and payment for the software programs do not transfer ownership of the program, but merely the right to use it. The programs remain the property of the respective manufacturers. Unless otherwise agreed in writing, the customer may not reproduce the software programs, in whole or in part, on the same or other media. Excepted are reproductions that the customer makes for themselves for data backup purposes. However, these reproductions may not be passed on to third parties. The customer may only use them if the original can no longer be used due to damage or destruction. The customer undertakes neither to pass the programs on to third parties nor to make them accessible in any other form. Third parties in this sense also include companies affiliated with the customer. Also excluded is the reproduction of the software programs, in whole or in part, for the purpose of simultaneous multiple use within the same business of the customer on several computer systems.
2. The legal provisions, in particular in software licence agreements, of third-party manufacturers of the software programs we distribute are hereby expressly reserved.
3. A breach of these provisions entitles us to demand from the customer a contractual penalty of CHF 10'000.- for each case of infringement. This does not affect any copyright claims or claims for damages against the customer that exceed the amount of the contractual penalty. 
4. The same provisions regarding reproduction and disclosure, including the contractual penalty, apply to the program manuals and other documentation.
5. If the customer has acquired the software program or the software program medium for resale, they are not permitted to reproduce the software program in whole or in part, not even for data backup purposes. The contractual penalty payable by third parties in the event of an infringement accrues to us. Only our GTC are authoritative for the content of the delivery obligation.
6. Deviations of the delivered goods and services from the offer documents are permissible provided that they fulfil or include the functions of the ordered program.
7. If a service is delayed beyond the date we promised, rights arising from this can only be asserted after expiry of a grace period of at least 3 weeks set by the customer in writing, unless the customer proves that their interest has ceased entirely because the deadline was exceeded. If we are in default of delivery or if delivery becomes impossible for us, compensation for indirect damage is excluded unless the default or impossibility is based on a grossly negligent breach of contract on our part. In the event of delivery disruptions beyond our control, in particular natural disasters such as floods, epidemics such as SARS, war, terrorist acts, strikes, lockouts, material shortages, transport or operational stoppages, we are entitled to withdraw from the contract without any obligation to pay damages.
8. The risk passes to the customer when the goods are handed over for shipment. This also applies if carriage-paid delivery has been agreed. If the goods are to be collected by the customer, the risk passes to them upon notification that the goods are ready.
9. We are entitled to make partial deliveries.

1. For the duration of the customer's default of acceptance, we are entitled to store the delivery items at the customer's risk and expense. For this purpose, we may also use a forwarding agent or a warehouse keeper.
2. For the duration of the default of acceptance, the customer shall pay us a flat rate of 1% of the purchase price per month, but at least CHF 50.-, as compensation for the storage costs incurred, without any further proof on our part.
3. If, after expiry of a grace period set by us, the customer refuses to accept the delivery items or declares that they do not wish to accept the goods, we may refuse to perform the contract and claim damages for non-performance. As damages, we are entitled to demand from the customer, at our option, either a flat rate of 25% of the agreed purchase price or compensation for the damage actually incurred.

1. We warrant to the customer that the products we deliver (excluding software programs) are free from manufacturing and material defects at the time of transfer of risk that significantly restrict or eliminate their fitness for use. Insignificant deviations from assured properties of the goods do not give rise to any warranty rights. There are no warranty claims for wearing parts such as print heads, ribbons and daisy wheels.
2. The decision as to whether a software program can run on an intended computer system is the sole responsibility of the customer. The customer undertakes to inspect the goods we deliver immediately upon arrival and to notify us in writing of any damage, defects and complaints within 5 days (date of posting or e-mail). If a notice of defects is not given in time, all of the customer's warranty claims lapse.
3. Subject to a grossly negligent breach of contract on our part, we decline all liability for damage arising from the use of a software program. This disclaimer applies in particular to damage resulting from program errors in software programs not produced by us. The customer is solely responsible for data backup.
4. If the operating and maintenance instructions of SecureIT Swiss GmbH or of the product manufacturers are not followed, and if changes (hardware and software) are made, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty on our part lapses insofar as the defect is attributable to this.
5. The warranty period and the warranty services for hardware components are governed exclusively by the specifications of the warranty card we issue.
6. In the event of a warranty obligation, we are free to offer either a replacement delivery or a repair. When these GTC are used in commercial transactions, we are also entitled to limit the warranty to the assignment of our own warranty claims against manufacturers, suppliers or authors, unless the defect is predominantly caused within our area of responsibility. If defective hardware components can no longer be procured, or only at unreasonable expense - e.g. as a result of a change in technology - we reserve the right to replace them with current components available on the market. If this significantly upgrades the customer's hardware or parts of it - e.g. through a change to new technologies or standards -, we are entitled to invoice the customer appropriately for this added value. If a repair or replacement delivery by us is not possible, or if satisfaction from the assigned warranty claims fails, the customer may, at their option, demand a reduction of the purchase price or rescission of the contract. Any further claim by the customer for compensation for direct or indirect damage is excluded, unless the damage is attributable to a grossly negligent breach of contract on our part. If the customer notifies us that the products do not comply with our warranty, we require that the defective part or device be sent to us or delivered to us for repair in its original packaging, together with an exact description of the fault stating the model and serial number and a copy of the invoice with which the device was delivered. The transport costs for sending in and returning repairs are borne by the customer. The repair or replacement of parts, assemblies or entire devices does not start a new warranty period. Replaced parts, assemblies or devices remain our property. The customer is not entitled to brand-new spare parts.
7. After a repair, we will, where necessary, reload the operating system software onto the repaired device. Where possible, we will use the same version of the operating system software that was loaded on the device at the time of sale. Customers are obliged to provide us with their original software program media.
8. In connection with the assertion of warranty claims or repairs, we decline all liability for data loss. Appropriate data backup is the sole responsibility of the customer. We only back up and restore customer data at the customer's express request. We charge for our work in this regard at the hourly rates and tariffs applicable at the time.

1. Subject to other written agreements, we accept no liability for the goods we deliver not infringing the industrial property rights of third parties. The customer is obliged to inform us immediately if any such infringements are alleged against them.
2. If the goods delivered have been built according to the customer's designs or instructions, the customer, by accepting these GTC, indemnifies us against all claims raised by third parties on the grounds of infringement of industrial property rights. Any litigation costs are to be paid in advance in an appropriate amount.

1. The customer is not entitled to assign their claims arising from a contract with us unless we have agreed to the assignment in writing.

1. Any claims for damages arising from impossibility of performance, positive breach of contract, culpa in contrahendo or tort are excluded both against us and against our vicarious agents and auxiliary persons, unless there is intentional or grossly negligent conduct.

1. We are entitled to process the data about the customer received in connection with the business relationship, regardless of whether it comes from the customer themselves or from third parties, within the framework of the provisions of the Data Protection Act.

1. Should a provision of these GTC prove to be invalid, it shall be replaced by the valid provision that comes closest to the economic purpose of the invalid provision. The validity of the remaining provisions remains unaffected.

1. The terms and conditions and the entire legal relationship between us and the customer are governed by Swiss law, excluding the Vienna Sales Convention (CISG).
2. For disputes in connection with the terms and conditions and the legal relationships under the preceding section, the place of jurisdiction is the court closest to the registered office of the GmbH.