General Terms and Conditions (GTC) of Calenso AG
Software UsageGeneral information
The GTC apply to all services and products provided or made available by Calenso AG (hereinafter referred to as "Provider") for the Customer. Deviating provisions shall only apply if they have been expressly agreed in writing between the Provider and the Customer. By completing and sending the order for the relevant products, the licensee accepts these terms and conditions of the license agreement.
Special or general contractual terms and conditions that contradict these GTC shall not be accepted by the Provider and shall not be valid in the relationship between the Provider and the Customer. Individual agreements shall take precedence over these GTC.
Conclusion of contract / duration of the contract / scope of the license
The contract between the customer and the provider is concluded by agreement or informally through the use of the services. The content and scope of services are set out in these GTC or in any individual agreements.
The Provider may make acceptance of the contract dependent on the provision and verification of various data of the Customer, in particular address, e-mail address, etc. The customer guarantees that the information provided is true. In any case, the Provider has the right to refuse to conclude a contract.
Even after payment of the license fee, the software remains the property of the provider. The licensee is prohibited from further developing, marketing, copying or transferring the software and parts thereof to third parties. The copyright of the software remains fully with the provider as licensor and is not transferred to the licensee. The customer is only considered to be the licensee who is entitled to use the software in accordance with the contract.
The customer must ensure that the technical and actual requirements for receiving and using the services, data and content are met on his side. If these requirements are not met, this has no influence on the conclusion and continued existence of the contract between the customer and the provider.
The customer undertakes to provide the personal data required for registration truthfully. The customer undertakes to inform the provider of any changes to the personal data.
Insofar as continuing obligations exist, these may be terminated by the customer in writing subject to a notice period of one month, unless otherwise agreed.
Pricing
The provider's prices are quoted in Swiss francs, excluding VAT and other charges. Purchase prices stated in the offer may be adjusted by the provider in the event of price changes. Work services are offered at a flat rate or on a time and material basis. If the services are invoiced on a time and material basis, the price stated in the offer is based on an estimate. In this case, only the agreed hourly rate in conjunction with the work report shall be decisive. However, if it is foreseeable that the estimated expenditure will be significantly exceeded, the Provider shall inform the Customer as soon as possible in order to determine the further procedure with the Customer; in this case, the Customer shall not be entitled to withdraw from the contract.
Warranty
The Provider warrants that the licensed software essentially corresponds to the product specification, is functional and can be used accordingly. Reworking is only possible with the provider's consent. The Provider shall only undertake any modifications or improvements to the software on the basis of a special agreement. The licensee is not entitled to any customer support or upgrade activities by the provider.
However, the provider assumes no responsibility for the profitability of the licensed software and the business based on it. There is no guarantee that profits can be made with the software in the short or long term. It is the responsibility of the licensee to control the individual transactions made using the software and to monitor the respective compatibility with its risk profile. The licensee uses the program at his own financial risk and responsibility.
If any defects are found in the licensed software, these must be reported to the Provider in writing or by e-mail within 3 days of the first use of the software at the latest. The Provider shall not be liable for defects caused by incorrect handling, normal wear and tear or external influences (power failure, faulty hardware, etc.).
The subscription, which is paid "once", also known as a "one-time subscription", is provided for as long as the provider's business activities are carried out. If the provider's business activities are discontinued, no subscription costs will be refunded.
Limitation of liability
The Provider shall only be liable for damages due to gross errors in the software if the Customer can prove gross negligence and intent. All claims for damages and other claims shall be limited in value to the license fee paid. Any further liability (except for personal injury) is excluded.
Likewise, claims for damages for loss of investment, loss of profit, loss of data, restoration of software, downtime or other lost production or working time and for course losses are completely excluded; this applies to all claims of the customer, regardless of the legal grounds. The Provider accepts no responsibility for external or indirect defects and consequential damage (e.g. damage resulting from operational failure, delay, information forwarding, viruses or line or system errors). Insofar as the contractual liability of the Provider is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents of the Provider.
The customer accepts checks and maintenance work by the provider that may temporarily affect the availability of some or all products. Temporary transmission delays may also occur when content and services of third parties are forwarded. The Provider shall endeavor to keep downtimes as short as possible in the interests of the Customer. The customer accepts reasonable disruptions. The Provider is not liable for system failures of network operators, service providers, etc.
The Provider offers no guarantee that the services will be accessible without interruption, that the desired connections can be established at all times, or that stored data will remain available under all circumstances. An interruption in the accessibility of the services for the customer shall not give rise to claims for damages.
Privacy
All information and data may be stored and retained by the licensor for later proof of performance and conclusion of the contract. Information and data shall not be passed on to third parties, except where third parties act as subcontractors of the provider in the performance of the contract.
The Provider accepts no liability for data security during transmission of the software via the Internet (e.g. due to technical errors on the part of the provider) or for any unlawful access by third parties to files on its website. Access data for the customer login, which are transmitted to the customer at the customer's request, must be treated as strictly confidential by the customer.
Applicable law, place of jurisdiction
The GTC and the legal relationship between the Provider and the Customer are subject to Swiss law. The exclusive place of jurisdiction is the registered office of the Provider.
Software Usage
General information
The GTC apply to all services and products provided or made available by Calenso AG (hereinafter referred to as "Provider") for the Customer. Deviating provisions shall only apply if they have been expressly agreed in writing between the Provider and the Customer. By completing and sending the order for the relevant products, the licensee accepts these terms and conditions of the license agreement.
Special or general contractual terms and conditions that contradict these GTC shall not be accepted by the Provider and shall not be valid in the relationship between the Provider and the Customer. Individual agreements shall take precedence over these GTC.
Conclusion of contract / duration of the contract / scope of the license
The contract between the customer and the provider is concluded by agreement or informally through the use of the services. The content and scope of services are set out in these GTC or in any individual agreements.
The Provider may make acceptance of the contract dependent on the provision and verification of various data of the Customer, in particular address, e-mail address, etc. The customer guarantees that the information provided is true. In any case, the Provider has the right to refuse to conclude a contract.
Even after payment of the license fee, the software remains the property of the provider. The licensee is prohibited from further developing, marketing, copying or transferring the software and parts thereof to third parties. The copyright of the software remains fully with the provider as licensor and is not transferred to the licensee. The customer is only considered to be the licensee who is entitled to use the software in accordance with the contract.
The customer must ensure that the technical and actual requirements for receiving and using the services, data and content are met on his side. If these requirements are not met, this has no influence on the conclusion and continued existence of the contract between the customer and the provider.
The customer undertakes to provide the personal data required for registration truthfully. The customer undertakes to inform the provider of any changes to the personal data.
Insofar as continuing obligations exist, these may be terminated by the customer in writing subject to a notice period of one month, unless otherwise agreed.
Pricing
The provider's prices are quoted in Swiss francs, excluding VAT and other charges. Purchase prices stated in the offer may be adjusted by the provider in the event of price changes. Work services are offered at a flat rate or on a time and material basis. If the services are invoiced on a time and material basis, the price stated in the offer is based on an estimate. In this case, only the agreed hourly rate in conjunction with the work report shall be decisive. However, if it is foreseeable that the estimated expenditure will be significantly exceeded, the Provider shall inform the Customer as soon as possible in order to determine the further procedure with the Customer; in this case, the Customer shall not be entitled to withdraw from the contract.
Warranty
The Provider warrants that the licensed software essentially corresponds to the product specification, is functional and can be used accordingly. Reworking is only possible with the provider's consent. The Provider shall only undertake any modifications or improvements to the software on the basis of a special agreement. The licensee is not entitled to any customer support or upgrade activities by the provider.
However, the provider assumes no responsibility for the profitability of the licensed software and the business based on it. There is no guarantee that profits can be made with the software in the short or long term. It is the responsibility of the licensee to control the individual transactions made using the software and to monitor the respective compatibility with its risk profile. The licensee uses the program at his own financial risk and responsibility.
If any defects are found in the licensed software, these must be reported to the Provider in writing or by e-mail within 3 days of the first use of the software at the latest. The Provider shall not be liable for defects caused by incorrect handling, normal wear and tear or external influences (power failure, faulty hardware, etc.).
The subscription, which is paid "once", also known as a "one-time subscription", is provided for as long as the provider's business activities are carried out. If the provider's business activities are discontinued, no subscription costs will be refunded.
Limitation of liability
The Provider shall only be liable for damages due to gross errors in the software if the Customer can prove gross negligence and intent. All claims for damages and other claims shall be limited in value to the license fee paid. Any further liability (except for personal injury) is excluded.
Likewise, claims for damages for loss of investment, loss of profit, loss of data, restoration of software, downtime or other lost production or working time and for course losses are completely excluded; this applies to all claims of the customer, regardless of the legal grounds. The Provider accepts no responsibility for external or indirect defects and consequential damage (e.g. damage resulting from operational failure, delay, information forwarding, viruses or line or system errors). Insofar as the contractual liability of the Provider is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents of the Provider.
The customer accepts checks and maintenance work by the provider that may temporarily affect the availability of some or all products. Temporary transmission delays may also occur when content and services of third parties are forwarded. The Provider shall endeavor to keep downtimes as short as possible in the interests of the Customer. The customer accepts reasonable disruptions. The Provider is not liable for system failures of network operators, service providers, etc.
The Provider offers no guarantee that the services will be accessible without interruption, that the desired connections can be established at all times, or that stored data will remain available under all circumstances. An interruption in the accessibility of the services for the customer shall not give rise to claims for damages.
Privacy
All information and data may be stored and retained by the licensor for later proof of performance and conclusion of the contract. Information and data shall not be passed on to third parties, except where third parties act as subcontractors of the provider in the performance of the contract.
The Provider accepts no liability for data security during transmission of the software via the Internet (e.g. due to technical errors on the part of the provider) or for any unlawful access by third parties to files on its website. Access data for the customer login, which are transmitted to the customer at the customer's request, must be treated as strictly confidential by the customer.
Applicable law, place of jurisdiction
The GTC and the legal relationship between the Provider and the Customer are subject to Swiss law. The exclusive place of jurisdiction is the registered office of the Provider.
ServicesScope and subject matter of the General Terms and Conditions
The GTC apply to all services and products provided by Calenso AG (hereinafter referred to as "Provider") for the Customer. Deviating provisions shall only apply if they have been expressly agreed in writing between the Supplier and the Customer.
Special or general contractual terms and conditions that contradict these GTC are not accepted by the Provider and are not valid in the relationship between the Provider and the Customer.
Conclusion of contract
The contract between the customer and the provider is concluded by agreement or informally through the use of the services. The content and scope of services are set out in these GTC or in any individual agreements.
Services of the provider
The Provider shall provide services that are carried out with due care to the best of its ability.
The Provider shall be entitled at any time to change the type, scope, price, terms and conditions and channels of purchase of the services it provides and to refuse its services completely in the event of default in payment or other breaches of duty.
Prices are quoted in Swiss francs. Our list prices valid on the day of delivery will be charged.
Obligations of the customer
The customer undertakes to pay the agreed fee.
The customer is obliged to take all precautions to ensure that the provider can provide its services to the customer. Depending on the circumstances, this may include the provision of suitable information and documents to the Provider.
Liability
The provider endeavors to offer a high level of professional services.
No liability is assumed for the statements and information in the advertisements and offers of the provider. The provider assumes no guarantees for the goal to be achieved. It only guarantees the provision of the promised services in accordance with the standard of care customary in the industry.
The Provider rejects any liability and warranty that may arise in connection with the provision of its services to the Customer, insofar as it is a matter of slightly or moderately negligent breaches of duty of care.
The provider shall only be liable for damage to the customer that can be proven to have been caused intentionally or through gross negligence. Liability for consequential damage and indirect damage is excluded in all cases.
Intellectual property rights
The content of any services provided by the Provider is protected by copyright. The use and payment of the services by the customer does not result in the transfer of intellectual property rights.
Data protection and confidentiality
The Provider shall take all reasonable measures to protect the data stored by it. Access to stored data by third parties at the Provider or a contractual partner of the Provider shall not result in liability on the part of the Provider and its contractual partners.
The provider uses customer data to fulfill the services offered in accordance with the contract and the law, to maintain the customer relationship and to submit offers.
The customer agrees in full to the storage and use of his data by the provider. The customer may prohibit the use and processing of his data for marketing purposes at any time.
Both parties undertake to treat as strictly confidential themselves and their employees, other auxiliary persons and third parties called in, all documents and information not generally known which they receive or learn in connection with the fulfillment of service contracts and which relate to the business sphere of the other party. The Provider shall be authorized to use the Customer's name and identification as well as the services rendered for the Customer for reference purposes. The aforementioned obligation of confidentiality shall continue to exist for an unlimited period of time even after the termination of the contractual relationship between the parties and shall be transferred to any legal successors.
Invoicing, terms of payment and default
The customer is obliged to pay all invoices in full.
The customer undertakes to pay the amount owed within 30 days of receipt of the invoice at the latest. If the customer does not meet his payment obligation within the payment period, he shall be in default upon expiry of this period without a reminder. The default interest rate is 5%.
Applicable law, place of jurisdiction
The GTC and the legal relationship between the Provider and the Customer are subject to Swiss law. The exclusive place of jurisdiction is the registered office of the Provider.
Scope and subject matter of the General Terms and Conditions
The GTC apply to all services and products provided by Calenso AG (hereinafter referred to as "Provider") for the Customer. Deviating provisions shall only apply if they have been expressly agreed in writing between the Supplier and the Customer.
Special or general contractual terms and conditions that contradict these GTC are not accepted by the Provider and are not valid in the relationship between the Provider and the Customer.
Conclusion of contract
The contract between the customer and the provider is concluded by agreement or informally through the use of the services. The content and scope of services are set out in these GTC or in any individual agreements.
Services of the provider
The Provider shall provide services that are carried out with due care to the best of its ability.
The Provider shall be entitled at any time to change the type, scope, price, terms and conditions and channels of purchase of the services it provides and to refuse its services completely in the event of default in payment or other breaches of duty.
Prices are quoted in Swiss francs. Our list prices valid on the day of delivery will be charged.
Obligations of the customer
The customer undertakes to pay the agreed fee.
The customer is obliged to take all precautions to ensure that the provider can provide its services to the customer. Depending on the circumstances, this may include the provision of suitable information and documents to the Provider.
Liability
The provider endeavors to offer a high level of professional services.
No liability is assumed for the statements and information in the advertisements and offers of the provider. The provider assumes no guarantees for the goal to be achieved. It only guarantees the provision of the promised services in accordance with the standard of care customary in the industry.
The Provider rejects any liability and warranty that may arise in connection with the provision of its services to the Customer, insofar as it is a matter of slightly or moderately negligent breaches of duty of care.
The provider shall only be liable for damage to the customer that can be proven to have been caused intentionally or through gross negligence. Liability for consequential damage and indirect damage is excluded in all cases.
Intellectual property rights
The content of any services provided by the Provider is protected by copyright. The use and payment of the services by the customer does not result in the transfer of intellectual property rights.
Data protection and confidentiality
The Provider shall take all reasonable measures to protect the data stored by it. Access to stored data by third parties at the Provider or a contractual partner of the Provider shall not result in liability on the part of the Provider and its contractual partners.
The provider uses customer data to fulfill the services offered in accordance with the contract and the law, to maintain the customer relationship and to submit offers.
The customer agrees in full to the storage and use of his data by the provider. The customer may prohibit the use and processing of his data for marketing purposes at any time.
Both parties undertake to treat as strictly confidential themselves and their employees, other auxiliary persons and third parties called in, all documents and information not generally known which they receive or learn in connection with the fulfillment of service contracts and which relate to the business sphere of the other party. The Provider shall be authorized to use the Customer's name and identification as well as the services rendered for the Customer for reference purposes. The aforementioned obligation of confidentiality shall continue to exist for an unlimited period of time even after the termination of the contractual relationship between the parties and shall be transferred to any legal successors.
Invoicing, terms of payment and default
The customer is obliged to pay all invoices in full.
The customer undertakes to pay the amount owed within 30 days of receipt of the invoice at the latest. If the customer does not meet his payment obligation within the payment period, he shall be in default upon expiry of this period without a reminder. The default interest rate is 5%.
Applicable law, place of jurisdiction
The GTC and the legal relationship between the Provider and the Customer are subject to Swiss law. The exclusive place of jurisdiction is the registered office of the Provider.