Terms of Service

For IT services and products provided by DCCTEC GmbH

A.
1.

General conditions
Scope of application and validity

1.1.

These general terms and conditions regulate business relations between DCCTEC GmbH (“DCCTEC”) and its customers and apply to all IT services and products provided by DCCTEC.

1.2.

Any other conditions of the customer shall not be valid unless they are explicitly recognised in writing by DCCTEC as part of the contract.

1.3.

All ancillary agreements, assurances or changes to these general terms and conditions must be made in writing.

1.4.

The general provisions (Section A) and final provisions (Section F) apply to all IT services and products provided by DCCTEC. The provisions governing the sales contract (Section B) apply to services found in the sales contract; the provisions governing the rental agreement (Section C) apply to services found in the rental agreement; the provisions governing the maintenance agreement (Section D) apply to services found in the maintenance agreement and the provisions governing other services (Section E) apply to other services provided by DCCTEC. Which IT services and products are the subject of DCCTEC’s service obligation in the individual case can be found in DCCTEC’s quote or the parties’ contractual agreements.

2.

Contract conclusion

2.1.

DCCTEC provides quotes free of charge.

2.2.

Unless otherwise specified in the quote, DCCTEC shall remain bond to the quote for 30 days from the date the quote was issued.

2.3.

The contract is concluded by the customer’s written acceptance of the quote.

2.4.

If any subsequent changes are made to the order/contract that involve additional costs for DCCTEC, these shall be paid for by the customer.

3.

Payment conditions
3.1.

All services and deliveries offered by DCCTEC are subject to a charge.

3.2.

Invoices from DCCTEC must be paid within 20 days of the invoice date, net without discount, in Swiss currency.

3.3.

Non-compliance with the payment deadline shall cause a default in payment without any explicit reminder and DCCTEC shall be entitled to 8% default interest as well as compensation for all reminder, collection, legal and court costs and any further damages.

3.4.

DCCTEC is entitled to demand advanced payment or other security at its own discretion.

3.5.

Taxes and duties that are collected on the conclusion or fulfilment of the agreement, or their increase, shall be paid by the customer.

4.

Deliveries

4.1.

The shipping of products by DCCTEC is always done at the expense and risk of the customer. This is particularly true even if Incoterms to the contrary generally apply.

4.2.

Damage must be reported to the carrier upon receipt of the goods.

4.3.

The specification of delivery times and dates is subject to alteration by DCCTEC. A delivery period begins no earlier than with the order confirmation from DCCTEC; however, never before all technical details have been clarified. If no specific delivery date has been explicitly agreed, DCCTEC will normally deliver in consultation with the customer.

4.4.

Disruptions and non-deliveries or delayed delivery by contractual partners of DCCTEC and any force majeure events shall entitle DCCTEC to extend delivery periods and/or cancel the delivery obligation to the exclusion of damage claims from the customer.

4.5.

Complaints concerning the execution and quality of the delivery must be reported to DCCTEC in writing within 5 days of receiving the goods; otherwise, the delivery shall be deemed to have been accepted.

5.

Data and system backup
5.1.

The customer is fully responsible for any data and system backup. It shall undertake to carry out any necessary backup before DCCTEC makes changes to the hardware or software. DCCTEC cannot be held liable at any time for any loss of data or damages caused by the total or partial failure of one or more systems.

6.

Subcontractors
6.1.

DCCTEC may acquire subcontractors for the performance of the contract at any time.

6.2.

DCCTEC shall remain responsible to the customer for performing the service even if it was performed by a subcontractor.

B.
1.

Sales contract
Payment conditions

1.1.

The customer shall undertake to pay the contractually agreed purchase price. This shall be invoiced by DCCTEC after delivery.

1.2.

Products remain the property of DCCTEC until full payment of the purchase price and may not be pledged or assigned as security.

1.3.

Installation costs, costs for initial instruction, expenses, possible licence fees as well as and costs for packaging, transport and unloading, etc. shall be invoiced separately to the customer.

2.

Warranty

2.1.

The warranty period of products delivered by DCCTEC is based on the warranty period defined by the manufacturer of the products sold. It is a maximum of 12 months from the date of delivery. Parts that become demonstrably defective or unusable within the warranty period due to poor material, faulty design or poor workmanship shall be repaired or replaced by DCCTEC free of charge. The warranty service covers any necessary spare parts, but not the working time required for removal, alteration and installation, which the customer must pay for at DCCTEC’s respective valid rates. Any other claim against DCCTEC, notably compensation, reduction or withdrawal from the contact, is excluded to the fullest extent permitted by law. The warranty does not cover damage resulting from not following operating instructions as well as damage as a consequence of other reasons that cannot be attributed to DCCTEC.

2.2.

A program error is only subject to warranty under the following conditions:

 

a)  the error must be documentable and reproduceable, and

 

b)   the error, when used as intended on the designated computer system and under the conditions of use and operation defined in the instructions, causes a deviation in functions and performance that nullifies or significantly reduces the application of the intended use.

2.3.

The customer is obliged to immediately inform DCCTEC of any defects that occur during the warranty period. DCCTEC shall not be liable for damages arising from the delayed notification of defects.

2.4.

Aside from the warranty services outlined above, any further warranty services, guarantee obligations and any liabilities from DCCTEC are completely excluded to the fullest extent permitted by law.

C.
1.

Rental agreement
Subject of the agreement

1.1.

If agreed, the customer can rent products offered by DCCTEC. In this case, the customer receives the right to use the rented products for the duration of the agreement.

2.

Payment conditions
2.1.

The customer shall pay an agreed flat-rate fee as compensation for the rental. This shall be invoiced monthly in advance. For months have already begun, 1/30 of the agreed monthly rental fee shall be invoiced for each day.

2.2.

Installation costs, costs for initial instruction, expenses, possible licence fees as well as and costs for packaging, transport and unloading, etc. shall be invoiced separately to the customer.

3.

Termination of the contractual relationship
3.1.

Rental agreements come into force on the contractually agreed date and have a minimum term of 24 months. They may then be terminated in writing at the end of the order date with a notice period of 3 months.

4.

Customer’s duty of notification
4.1.

The customer shall immediately notify DCCTEC of any confiscation of one of the rented products through seizure, retention or attachment, as well as the opening of any bankruptcy proceedings, and shall inform the competent bankruptcy and insolvency office of DCCTEC’s ownership of the rented equipment. The customer shall pay all costs incurred by DCCTEC for averting such issues.

D.
1.

Maintenance agreement
Subject of the agreement

1.1.

The maintenance of hardware only relates to parts delivered by DCCTEC and comprises their servicing (preventative maintenance to maintain operational efficiency and repair (elimination of disruptions and errors to restore operational efficiency) by repairing and replacing defective parts as well as installing technical improvements.

1.2.

Maintenance services do not include eliminating defects caused by faulty manipulation, external influences, effects of equipment not delivered by DCCTEC, improper handling and the replacement of wear and/or consumables. These kinds of services shall be additionally invoiced at DCCTEC’s current rates.

1.3.

Software maintenance includes the correction of errors, the adaptation and further developments of programs, in each case exclusively within the framework of new releases from the software manufacturer.

1.4.

Upon request, DCCTEC will contribute to the search for disruption causes even if the disruption occurs during the interaction of several systems or components. If DCCTEC proves that the disruption was not caused by the hardware or software it maintains, these services shall be invoiced at DCCTEC’s current rates.

1.5.

Upon request and as far as possible and for a separate fee, DCCTEC shall also eliminate disruptions that can be attributed to circumstances for which the customer or third party are responsible.

1.6.

The maintenance services offered by DCCTEC are further specified in separate service level agreements (SLA).

2.

Documentation, logs and reports

2.1.

DCCTEC shall ensure that any corresponding documentation is updated as necessary.

2.2.

If agreed, DCCTEC shall keep a servicing and maintenance log if provided and shall provide it to the customer upon request. It shall contain all information that this essential for further operation.

2.3.

If the repaid is paid for by cost, the customer shall receive a report. This shall state the date, nature and duration of the work. This report shall be countersigned by the customer.

3.

Remuneration/payment conditions

3.1.

Services shall be invoiced by DCCTEC according to the conditions specified in the agreement. If there is no special agreement, DCCTEC shall invoice by cost in accordance with their valid rates.

3.2.

Remuneration includes all services necessary for the proper fulfilment of the maintenance agreement. Expenses and incidental costs incurred by DCCTEC shall be charged in addition.

4.

Warranty

4.1.

DCCTEC guarantees the careful rendering of its services. This guarantee shall not apply if the customer is at fault.

4.2.

If servicing, maintenance and support are unsuccessful, the customer can initially only demand a free subsequent improvement. DCCTEC shall eliminate the fault within a reasonable period and pay all of its own resulting costs.

4.3.

If DCCTEC does not or does not successfully carry out the requested subsequent improvement, the customer can have the corresponding measures carried out by a third-party company following a one-time written warning. The costs shall be paid equally by DCCTEC and the customer.

4.4.

Any defect-related rights shall become time-barred within one year of the performance of the servicing or maintenance service. Any defects must be report immediately after discovery. In the event of fraudulently concealed defects, defect-related rights can be asserted for ten years after performance.

4.5.

Aside from the warranty services outlined above, any further warranty services, guarantee obligations and any liabilities from DCCTEC are completely excluded to the fullest extent permitted by law. Any other claim against DCCTEC, notably compensation, reduction or withdrawal from the contact, is excluded to the fullest extent permitted by law.

E.
1.

Other services
Subject of the agreement

1.1.

DCCTEC shall provide services, such as software and hardware installation, customising customer-specific settings in software (customisation and parameterisation), rollouts, data transfer, project implementation, support in project implementation and commissioning (project management), testing, training, support as well as providing the customer with general consulting services in IT. Services to be provided by DCCTEC in each case shall be contractually agreed separately.

2.

Installations

2.1

When calculating the time taken for installing additional hardware or software, a standard installation that runs without errors is assumed. Furthermore, the software installed on the system must be available for all subsequent installations. Any additional expenses ascribed to incomplete or incorrect installation or any missing software shall be invoiced additionally. The customer shall accept additional expenses of 30% compared to the quoted cost without prior verbal or written notification from DCCTEC. DCCTEC shall inform the customer of any additional costs exceeding this. Any work not yet carried out by then shall only be carried out after approval by the customer.

3.

System integration
3.1.

DCCTEC shall only assume responsibility for system integration if this is explicitly mentioned in the contract. The assumption of this responsibility requires that the customer specifies their requirements in advance.

3.2.

If DCCTEC does not assume any responsibility for system integration, DCCTEC shall deliver on a “time and material” basis and the sale of hardware, software licensing and service provision shall be considered as independent legal transactions.

4.

Place of Performance
4.1.

Services shall be provided at DCCTEC’s choice; either at a DCCTEC office or at the customer’s premises.

5.

Remuneration/payment conditions
5.1.

Services shall be invoiced by DCCTEC according to the conditions specified in the agreement. If there is no special agreement, DCCTEC shall invoice by cost in accordance with their valid rates.

6.

Warranty
6.1.

DCCTEC guarantees the careful rendering of its services. This guarantee shall not apply if the customer is at fault.

6.2.

If a service is unsuccessful, the customer can initially only demand a free subsequent improvement. DCCTEC shall eliminate the fault within a reasonable period and pay all of its own resulting costs.

6.3.

If DCCTEC does not or does not successfully carry out the requested subsequent improvement, the customer can have the corresponding measures carried out by a third-party company following a one-time written warning. The costs shall be paid equally by DCCTEC and the customer.

6.4.

Any defect-related rights shall become time-barred within one year of the performance of the service. Any defects must be report immediately after discovery. In the event of fraudulently concealed defects, defect-related rights can be asserted for ten years after performance.

6.5.

Aside from the warranty services outlined above, any further warranty services, guarantee obligations and any liabilities from DCCTEC are completely excluded to the fullest extent permitted by law. Any other claim against DCCTEC, notably compensation, reduction or withdrawal from the contact, is excluded to the fullest extent permitted by law.

F.
1.

Final Provisions
Confidentiality

1.1.

The contractual partners shall treat all facts that are neither apparent nor generally accessible as confidential.

1.2.

In the event of any doubt, facts must be treated as confidential and there shall be a mutual duty to consult one another.

1.3.

This confidentiality obligation shall also exist before the conclusion of the contract and after the termination of the contract.

2.

Personal Data
2.1.

When handling personal data, DCCTEC undertakes to comply with the applicable data protection law and, in particular, data security. Further information on data protection can be found in the data protection declaration (https://www.dcc-tec.ch/en/privacy-policy/). The customer confirms that they have read and understood them and that they have taken the relevant data protection risks into account.

3.

Liability for damage
3.1.

Provided that liability is not excluded in accordance with other provisions, DCCTEC shall be liable for damage arising from the contractual relationship that it or third parties commissioned by it have caused if it does not prove that neither it nor third parties commissioned by it are at fault. In any case, liability for slight negligence is excluded. Liability for any kind of indirect damage, e.g. loss of profit or similar, is excluded to the fullest extent permitted by law. Provided that liability is not excluded, DCCTEC shall be liable up to the amount of one year of the customer’s remuneration, but no more than up to CHF 1500. This limitation excludes any liability for personal injury and material damage. Furthermore, any liability is excluded to the fullest extent permitted by law.

4.

Assignment, transfer and pledging
4.1.

Rights and obligations from the contractual relationship as well as the contract as a whole may not be assigned, transferred or pledged in whole or in part to third parties without prior written permission from the contractual partner. This permission shall not be refused without cause.

5.

Applicable law, place of jurisdiction
5.1.

The contractual relationship between the parties shall be governed exclusively by Swiss substantive law. The exclusive place of jurisdiction is the district of March in the canton of Schwyz (Switzerland).

5.2.

DCCTEC has the right to take legal action against the customer at their place of business or another court that may be competent in national or international law.

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