General terms and conditions

Important Notice (please read before acceptance)

At dartera, we believe that good collaboration is built on trust and clarity. That is why we have crafted these terms with great care and over 12 years of experience – deliberately clear and fair, always in the interest of our clients and with the knowledge of which points truly matter for a genuine and worry-free partnership. This keeps everything transparent, so that together we can focus on what really counts: your success. These GTC govern all services provided by dartera, including the dartera Care Plan (hosting and support) and the outbound lead generation service under the “Akquire” brand. They become part of the contract as soon as the client agrees to them. Agreement is deemed given in particular by payment of an invoice that refers to these GTC (Art. 1 para. 3).

dartera expressly draws attention to the following economically significant provisions or provisions that deviate from statutory law:

• Adjustment of the compensation to the regular price after expiry of an introductory or discount period, as well as price adjustments (Art. 25);
• Exclusion and limitation of liability, to the extent legally permissible (Art. 4 and 29);
• Right to suspend services and to temporarily take the website offline in the event of payment default (Art. 8);
• Client’s duty to indemnify for the content it supplies and for the operation of its website (Art. 9);
• dartera’s right to involve third parties and to change the hosting provider without prior notice (Art. 22);
• Retention of the rights to the code repository and to open-source components by dartera (Art. 12 and 27);
• Fixed contract term of the Care Plan of 12 months with automatic renewal of 12 months each, and a notice period of one month before the end of the term, no refund of prepaid compensation, and deletion of backups one month after the end of the contract (Art. 30);
• Deemed-approval provisions in respect of cooperation and acceptance (Art. 3 and 14);
• for Akquire: the client’s sole responsibility for the lawfulness of its offer and campaign, as well as indemnification against claims by third parties and authorities (Art. 34 and 39), no guaranteed success and no legal advice (Art. 36), and no liability for deliverability, blocking and domain reputation (Art. 37).

The version in force, with its issue date, is available at www.dartera.ch/agb and will be provided in text form on request.

These GTC consist of four parts. Part A contains the general provisions for all services, Part B the special provisions for the dartera Care Plan (website hosting and support), Part C the special provisions for Akquire (outbound lead generation), and Part D the common final provisions. In the event of contradictions between Part A and Part B or Part C, the special provisions prevail for the services concerned. An express, deviating individual agreement (e.g. a signed contract for work or Akquire agreement) prevails over these GTC.

Part A – General Provisions

Art. 1 Applicability and Incorporation of these GTC

1. These GTC govern all present and future contractual relationships between the client and dartera. The version in force, with its issue date, is available at www.dartera.ch/agb at any time and will be provided in text form on request.

2. dartera expressly refers to these GTC, with a link, in the offer or order confirmation as well as on every invoice. The client thereby has the opportunity to take note of the GTC before the contract is concluded.

3. These GTC become part of the contract as soon as the client agrees to them. Agreement is deemed given in particular by:

a) the client’s express declaration (including by e-mail or by confirmation or click);
b) the signing of a contract, offer or order form that refers to these GTC;
c) the unconditional acceptance or use of the service;
d) the payment of an invoice that refers to these GTC.

If, due to the particular nature of the transaction or the circumstances, express acceptance is not to be expected, the contract is deemed concluded if the client does not reject the offer within a reasonable period (Art. 1 and 6 CO).

4. The version of these GTC referred to in the offer or on the invoice, with its issue date, shall be authoritative. Changes to ongoing continuing contracts are governed by Art. 41.

5. Conflicting or supplementary terms and conditions of the client become part of the contract only with dartera’s express written consent, even if dartera does not object to them in an individual case.

6. In the notice at the beginning of these GTC and in Art. 20, dartera expressly draws the client’s attention to the economically significant provisions or provisions deviating from non-mandatory law. By agreeing in accordance with para. 3, the client acknowledges having been informed of these provisions.

Art. 2 Deadlines

Unless a different arrangement has been expressly agreed, delivery periods and deadlines are not binding on dartera.

Art. 3 Works, Acceptance and Warranty

1. The client has no right to withhold payment in the event of defects in a work. In the case of defects attributable to dartera that materially impair functionality, dartera has the primary right to remedy the defect. If a remedy is not possible, the client may, after several unsuccessful attempts to remedy, demand a reduction in price.

2. Revisions and adjustments are carried out within the scope of the agreed services and the approved design direction. Requests going beyond this are deemed additional services and are charged according to time spent.

3. The client shall inspect the work after delivery or notification and give notice of apparent defects within 14 calendar days in text form; hidden defects must be notified immediately upon discovery. If timely notice or timely acceptance fails to occur, the work is deemed approved. dartera shall remedy duly notified defects attributable to it that already existed at the time of acceptance. Any warranty beyond this remedy, as well as claims after expiry of the notice periods, are excluded to the extent legally permissible; dartera gives no assurance of any particular warranty period.

Art. 4 Liability and Limitation of Liability

1. All liability of dartera is excluded to the extent legally permissible. The mandatory limits of Art. 100 CO (no exclusion of liability for unlawful intent or gross negligence) remain reserved.

2. To the extent liability cannot be effectively excluded, it is limited to direct damage and is capped, per event of damage and in total per calendar year, at the amount of the compensation paid by the client in the last twelve (12) months for the service concerned. Liability for indirect damage, consequential damage, lost profit, loss of data or third-party claims is excluded to the extent legally permissible.

3. dartera is in particular not responsible for defects resulting from force majeure, improper use, excessive use, unsuitable operating resources, interventions by the client or disruptions by third parties (e.g. hacker attacks), or where the client insists on a desired change despite a warning.

Art. 5 Force Majeure

Force majeure (e.g. power outages), supply failures, official measures and other unforeseeable, unavoidable or serious events release dartera from its obligation to perform for the duration of their effect; periods and deadlines are extended accordingly. dartera bears no liability in this respect.

Art. 6 Exclusion of a Guarantee of Success

dartera does not guarantee any particular success but commits itself with full effort, care and to the best of its knowledge to achieving good results for the client. Whether the successes planned by the client materialise depends on numerous factors beyond dartera’s control.

Art. 7 Costs and Expenses

Consumables, expenses and licences obtained from third parties are not included in the estimated costs and are invoiced at customary market prices. The client shall reimburse dartera for the outlays and expenses incurred in connection with the performance of the contract.

Art. 8 Payment, Default and Suspension of Services

1. All prices are in Swiss francs (CHF), plus statutory value added tax. Invoices are due within 14 days of the invoice date, unless otherwise stated. The set-off of client claims is excluded without dartera’s prior written consent.

2. Upon expiry of the payment period without payment, the client is in default. From default onwards, default interest of 5% per year is owed (Art. 104 CO). dartera charges an additional CHF 20.00 for each reminder; in the event of debt collection, all collection costs plus at least CHF 100.00 per collection proceeding are charged.

3. If a due payment fails to be made despite a reminder and the setting of a grace period of 10 days, dartera is entitled to suspend its services, including hosting and support, in whole or in part, or to temporarily take the website offline until all outstanding amounts have been settled. dartera may charge a processing fee of CHF 90.00 plus VAT for putting the service back into operation. dartera is not liable for the consequences of a justified suspension of services.

Art. 9 Client Content, Warranty of Rights and Indemnification

1. The client warrants that it holds all necessary rights to the content it supplies (texts, images, logos, videos, data) and that its use, publication and processing infringe no third-party rights (in particular copyright, trademark, personality and data protection rights) and no statutory provisions.

2. The client is responsible for the content, operation and legally compliant configuration of its website, in particular for the imprint, privacy policy and any permits.

3. The client indemnifies dartera against all third-party claims as well as fines, costs and expenses (including reasonable legal and court costs) arising from the content supplied by the client or from the operation of its website. dartera informs the client of any claims asserted.

4. Supplied materials and preliminary work. If the client supplies its own or third-party materials, data, code, interfaces or systems for the provision of the services (supplied items), it warrants that these are complete, up to date and free of conflicting third-party rights. dartera reviews the supplied items but owes no examination for freedom from defects and gives no warranty for the quality, functionality and freedom from defects of the supplied preliminary work.

5. Deviations, disruptions or defects whose cause lies in supplied materials or in the behaviour of connected third-party systems are not deemed defects of dartera’s service for which dartera is responsible. Their remedy is carried out, where desired, as an additional service according to time spent.

Art. 10 Data Protection

The client agrees that the provision of the service may result in the processing of personal data concerning it, its employees, clients, auxiliary persons and suppliers (“client data”), and that such data may be used to initiate and handle the business relationship and, for this purpose, also disclosed to third parties. dartera may in particular receive and pass on client data by e-mail, process it for accounting and collection purposes, and store it on public clouds, ensuring an appropriate level of data protection. To the extent dartera processes personal data on behalf of the client, Art. 28 (commissioned processing) applies in addition.

Art. 11 Use for Advertising and Reference Purposes

dartera may use the results created in connection with the contract for reference and advertising purposes and may name the client. The client may at any time request no longer to be named.

Art. 12 Ownership

All results created by dartera, including the associated rights, are the property of dartera. dartera transfers ownership of and rights to the results as well as to the domain to the client as soon as the client has fully paid the agreed compensation, and takes all measures for an unencumbered transfer. No ownership rights to dartera’s code repository or to open-source components pass to the client. Art. 27 remains reserved.

Raw or source files (e.g. editable Figma files) are not part of the delivery. They can be purchased separately for an additional fee if desired.

Art. 13 Domains

1. If dartera registers a domain on behalf of the client, the registration is made in the name of the client as holder, unless otherwise agreed. As long as outstanding compensation exists, dartera may hold the domain on a fiduciary basis.

2. The renewal is incumbent on the party designated in the offer or service catalogue; absent designation, it is incumbent on the client. dartera has no renewal obligation as long as no corresponding service has been agreed and paid for.

3. Upon full payment, dartera transfers all rights to the domain to the client and cooperates in a transfer. At the end of the contract, dartera transfers the domain to the client or to a provider designated by it, provided all compensation has been settled.

4. dartera is not liable for the loss of a domain due to a failure to renew or pay on the part of the client.

Art. 14 Duty to Cooperate

The client maintains clear project management and designates a contact person to dartera. It provides dartera with the necessary documents, information, data and access as soon as possible, at the latest within three (3) calendar days of request. If no response is given within this period, the requests concerned are deemed approved. Project delays and additional costs resulting from a breach of this duty are borne by the client.

Art. 15 Confidentiality

The parties treat all non-public information from the business relationship as confidential and do not make it accessible to third parties. Excepted are information already publicly available, statutory disclosure obligations and disclosure to third parties engaged by dartera. The confidentiality obligation applies from conclusion of the contract and continues after termination of the contract: for trade secrets without time limit, for other confidential information for three (3) years.

Art. 16 Termination in the Event of Insolvency

Each party is entitled to withdraw immediately if the other party enters into a composition agreement, applies for creditor protection or if bankruptcy proceedings are opened against it.

Art. 17 Works and Continuing Services

Part A governs in particular one-off works and project services. For recurring continuing services (website hosting and support), Part B (dartera Care Plan) applies in addition and with priority; for outbound lead generation, Part C (Akquire) applies.

Part B – Special Provisions for the dartera Care Plan (Website Hosting and Support)

Art. 18 Subject Matter and Applicability

With the Care Plan, dartera ensures that the client’s website remains secure, up to date and reliably accessible, so that the client does not have to worry about the technology. For this purpose, dartera offers services for the maintenance, servicing, hosting and support of websites (the “Care Plan”). Part B applies to all Care Plan contracts and, for Care Plan services, prevails over the provisions of Part A. The scope of services results from the chosen plan (e.g. Basic, Standard, Advanced) and the associated service catalogue.

Art. 19 Conclusion of Contract and Incorporation Without Signature

1. The Care Plan contract is concluded by an offer from dartera and its acceptance by the client. Acceptance is deemed given in particular by express agreement (including by e-mail or click) as well as by payment of the first invoice that refers to these GTC (Art. 1 para. 3 in conjunction with Art. 1 and 6 CO).

2. The signing of a separate contract document is not required for the Care Plan. dartera refers to these GTC with a link in the offer and on every invoice, so that the client can review them before its acceptance.

3. An express deviating individual agreement remains reserved.

Art. 20 Express Notice of Special Provisions

dartera expressly draws the client’s attention to the provisions mentioned in the notice at the beginning of these GTC, namely the price adjustment after expiry of an introductory or discount period (Art. 25), the limitation of liability (Art. 4 and 29), the suspension of services in the event of payment default (Art. 8), the duty to indemnify (Art. 9), the involvement of third parties and the change of hosting provider (Art. 22), the retention of the rights to the repository and to open-source components (Art. 12 and 27), the fixed contract term of 12 months with automatic renewal and one-month notice period, the exclusion of a refund and the deletion of backups one month after the end of the contract (Art. 30). By its acceptance under Art. 19, the client confirms having been informed of these provisions.

Art. 21 Scope of Services and Care Plan Tiers

1. dartera ensures the hosting of the website; this may be carried out via external hosting providers.

2. dartera provides the maintenance and support services according to the Care Plan tier chosen by the client. The scope of services of the Basic, Standard and Advanced tiers results from the following table:

Backups are retained for 180 days at all tiers.

3. dartera provides information on the computing capacity (traffic) included in the hosting. Higher computing capacity may be agreed against a surcharge to be determined by dartera.

4. The chosen tier and the compensation result from the offer or the invoice. dartera may further develop the scope of services of the tiers described in para. 2; changes to ongoing Care Plan contracts are governed by Art. 41.

5. All deadlines that dartera undertakes to meet are not fixed dates for performance (no “Verfalltage”).

Art. 22 Involvement of Third Parties and Change of Hosting Provider

dartera is entitled to involve third parties to perform the contract and, at any time and without prior notice, to change the hosting provider, as long as the operation and security of the website remain ensured. The involvement of processors is governed by Art. 28.

Art. 23 Client’s Obligations

1. Compensation: The client owes the compensation in accordance with Art. 25.

2. Cooperation: The client provides dartera with the necessary data and access within three (3) days of request. In the event of a breach, dartera is temporarily released from its obligation to perform.

3. Due care: The client treats its website and dartera’s products with care and refrains from actions that jeopardise proper operation.

4. Duty to inspect and report: The client continuously checks the functionalities and reports outages immediately.

Art. 24 Availability, Service Levels and Uptime

1. Service hours: Monday to Friday 08:00 to 12:00 and 13:00 to 17:00 CET, excluding public holidays at dartera’s registered office. Support requests must be submitted via the support channel designated by dartera. The response time begins upon receipt of the request within the service hours.

2. dartera classifies incoming requests by priority level and begins processing within the following response times:

The response times run within the service hours and, at the earliest, from the next working day.

3. The response time denotes the start of processing, not the resolution. There is no guarantee of resolution within a particular period; the resolution time depends on the nature and cause of the disruption, in particular on disruptions at third parties (Art. 22 and 29).

4. Adjustment requests and services outside the scope of services (Art. 26) are handled with priority P3 and, to the extent they are chargeable, agreed in advance.

5. Uptime: dartera aims for high availability of the hosted website (target value 99.9% on an annual average). Not included in the calculation are outages due to scheduled maintenance, force majeure, disruptions at third parties (in particular hosting providers and network operators), attacks, as well as causes attributable to the client. If the target value is not met, dartera makes reasonable efforts to restore service; any further claim, in particular for damages or credits, exists only to the extent expressly agreed. Art. 29 applies.

Art. 25 Compensation, Advance Payment, Introductory Discount and Price Adjustment

1. The client owes the compensation stated in the offer or on the invoice, plus value added tax. Additional costs due to higher computing capacity remain reserved.

2. The compensation is owed in advance and is invoiced annually or quarterly in accordance with the offer or invoice.

3. Introductory discount: A reduced introductory or loyalty price applies exclusively to the first contract period designated in the offer. After its expiry, the regular price applies without further notice. This price change is indicated in the offer and on the invoice.

4. Price adjustment: dartera may adjust the compensation with 30 days’ notice as at the beginning of a new billing period. If the client does not agree, it may terminate as at the date the change takes effect.

Art. 26 Services Not Included

Work outside the service catalogue (in particular new areas, functions or content) is deemed additional services. It is billed at the agreed hourly rate plus value added tax or via separately agreed hourly packages and is agreed in advance. The minimum unit is 15 minutes.

Art. 27 Rights to Development Results

The development results created under the Care Plan pass fully and exclusively to the client upon full payment of the corresponding compensation. Excepted are dartera’s code repository and open-source components. dartera may continue to use the development results for its own purposes, in particular to further develop its services.

Art. 28 Data Protection and Commissioned Processing

1. To the extent dartera processes personal data on behalf of the client under the Care Plan (namely through hosting, backups, monitoring, contact forms, e-mail configuration and web analytics), dartera acts as processor and the client as controller within the meaning of Art. 9 FADP.

2. dartera processes this personal data only as the client itself would be permitted to, and only to provide the contractual services. dartera ensures data security through appropriate technical and organisational measures.

3. dartera engages further processors (e.g. hosting providers, analytics providers) only with the client’s prior, including general, authorisation and informs of material changes. dartera obligates such third parties to an equivalent level of data protection.

4. dartera informs the client without delay if it becomes aware of a breach of data security affecting the personal data for which the client is responsible, and supports the client appropriately in its notification and information obligations.

5. dartera supports the client to a reasonable extent in fulfilling its data protection obligations, in particular with requests for information from data subjects.

6. If the client processes particularly sensitive personal data via its website (e.g. health data of a medical practice), it bears responsibility for the data-protection-compliant configuration of its website and processes. At the client’s request, the parties conclude a separate data processing agreement, which prevails over these GTC.

Art. 29 Liability

Art. 4 applies. Liability is excluded to the extent legally permissible and otherwise limited in accordance with Art. 4 para. 2; the mandatory limits of Art. 100 CO remain reserved. dartera in particular assumes no liability for damage arising from outages, security vulnerabilities or functions of the website, in particular where computing capacity is chosen too low. The content of the website is the client’s responsibility.

Art. 30 Termination, Offboarding and Data Return

1. The Care Plan contract is concluded for a fixed contract term of 12 months.

2. It automatically renews for a further 12 months in each case, unless terminated by one party in text form at least one (1) month before the end of the current contract period.

3. Prepaid compensation is not refunded. The mandatory right to terminate for good cause and under Art. 404 CO remains reserved.

4. Offboarding: After the end of the collaboration, dartera will, at the client’s request, of course provide the client with a complete export of the website (files and database in a common format) as well as the data for which the client is responsible within 14 days, provided all compensation has been settled. Migration support going beyond the mere provision is charged according to time spent at the agreed hourly rate.

5. Backups: dartera retains backups of the website for one (1) month after termination and deletes them thereafter; statutory retention obligations excepted. Before the expiry of this period, the client ensures that it has all the data it requires.

6. In the event of payment default, Art. 8 (suspension of services) additionally applies.

Part C – Special Provisions for Akquire (Outbound Lead Generation)

Art. 31 Subject Matter and Applicability

With Akquire, dartera supports the client in partnership in actively winning new business contacts and conversations. Under the “Akquire” brand, dartera provides active new-customer acquisition services (outbound lead generation), namely the setup and operation of e-mail and other outbound campaigns, definition of the target group (ICP), sourcing and enrichment of contact data, writing and optimising messages, setting up sending infrastructure and deliverability, qualifying responses, and reporting. Part C applies to all Akquire contracts and, for Akquire services, prevails over the provisions of Part A. The scope of services results from the offer and the associated service catalogue.

Art. 32 Conclusion of Contract and Incorporation Without Signature

The Akquire contract is concluded by offer and acceptance; acceptance is deemed given in particular by express agreement (including by e-mail or click) as well as by payment of the first invoice that refers to these GTC (Art. 1 para. 3 in conjunction with Art. 1 and 6 CO). A signature is not required. A signed individual agreement, which prevails over these GTC, remains reserved.

Art. 33 Scope of Services and Cooperation

1. dartera provides the services described in the offer or service catalogue and is entitled to involve third parties and third-party services (e.g. data providers, e-mail and sending infrastructure).

2. The client provides dartera with the necessary information about its offer and target group within five (5) days of request, designates a contact person, and approves copy (texts) and target groups (targeting) before sending. In the event of a breach of the duty to cooperate, dartera is temporarily released from its obligation to perform.

Art. 34 Client’s Responsibility for Offer and Lawfulness

1. The client is solely responsible for its offer, its products and services, as well as for all statements and advertising promises in the campaigns. It warrants that its offer is lawful, not misleading and free of conflicting third-party rights, and that it is entitled to advertise it.

2. The client is responsible for ensuring that approaching the target group it has approved is permissible in the relevant target markets and complies with the applicable rules on advertising and data protection, in particular Art. 3 para. 1 lit. o UCA (mass advertising) as well as the applicable data protection and marketing law of the target markets (e.g. GDPR, UK GDPR and PECR, CAN-SPAM). It ensures that a permissible basis exists for the contact.

3. The client approves texts and target groups before sending. With the approval, the client assumes responsibility for the approved content and the approach; the campaign is carried out in the interest and at the instigation of the client.

4. dartera is not responsible and not liable if the client or third parties are held liable, cautioned, sued or subjected to official action because of the client’s offer, the campaign content or the approach.

Art. 35 dartera’s Obligations in Performance

dartera carries out the campaigns according to recognised industry standards. It refrains from unfair methods (no black-hat, no unlawful scraping, no misleading sender information), states the correct sender and ensures a straightforward and free opt-out. These obligations relate to the performance controlled by dartera; the substantive and legal responsibility for the offer, statements and target group remains with the client (Art. 34).

Art. 36 No Legal or Compliance Advice and No Guaranteed Success

1. dartera does not provide legal or compliance advice. The client obtains its own legal clarifications where necessary.

2. dartera owes diligent efforts, not a particular success. There is no guarantee of a particular number of responses, appointments, qualified conversations, leads or revenue; the results depend substantially on the offer, the market and the client’s cooperation. Key figures mentioned in the offer (e.g. lead definitions) are understood as target values, unless expressly agreed otherwise.

Art. 37 Third-Party Platforms, Deliverability and Reputation

The use of third-party platforms and services (e.g. e-mail and sending providers, LinkedIn, data providers) is subject to their terms. dartera is not liable for blocks or restrictions of such services, for fluctuations in deliverability, for blacklisting, or for effects on the domain or sender reputation. To protect the main domain, dartera may use separate sending domains.

Art. 38 Data Protection in Contacting

To the extent dartera sources and processes contact data of contact persons for the client, it acts on behalf of and according to the instructions of the client; Art. 28 applies mutatis mutandis. As controller, the client is responsible for ensuring that a data-protection-permissible basis exists for the sourcing and the contact, and that data subjects can exercise the rights to which they are entitled.

Art. 39 Indemnification

The client indemnifies dartera against all claims by recipients, contacted persons, authorities or other third parties, as well as against fines, costs and expenses (including reasonable legal and court costs) arising from the client’s offer, the approved campaign content, the approach to the target group, or the client’s instructions. dartera informs the client of any claims asserted and, where possible, leaves their defence to it.

Art. 40 Compensation and Term

1. The client owes the retainer fee stated in the offer plus value added tax, payable monthly in advance. Art. 8 applies.

2. Term, minimum duration and renewal are governed by the offer. The right to terminate at any time under Art. 404 para. 1 CO remains reserved; in the case of termination at an inopportune time, the obligation to pay damages under Art. 404 para. 2 CO remains reserved. Services already rendered and the infrastructure built up remain owed or compensated.

Part D – Common Final Provisions

Art. 41 Amendments to these GTC

1. dartera may amend these GTC at any time. For existing continuing contracts (Care Plan, Akquire), amendments are notified at least 30 days before they take effect in text form (e.g. by e-mail) or by notice on the invoice. If the client does not object within this period, or pays the next invoice, the amended GTC are deemed accepted. In the event of objection, either party may terminate as at the date the amendment takes effect.

2. Additions or deviations in an individual case require text form (e.g. e-mail) for their validity.

Art. 42 Severability Clause

Should one or more provisions of these GTC be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a provision that corresponds as closely as possible to the meaning and purpose from an economic point of view shall apply. The same applies to the filling of gaps in the contract.

Art. 43 Assignment

These GTC or individual rights and obligations arising from them may be assigned or transferred to third parties by the client only with dartera’s prior written consent.

Art. 44 Language Versions

These GTC may be provided in further languages. In the event of discrepancies or questions of interpretation, the German version shall be authoritative.

Art. 45 Applicable Law and Place of Jurisdiction

These GTC and their components are governed exclusively by Swiss law, excluding the conflict-of-law rules of the PILA and excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the city of Zug, subject to mandatory places of jurisdiction.

Issue 07.2026. These GTC are primarily aimed at business clients. Legal bases: Art. 1, 6, 11, 100, 104, 377 and 404 CO, Art. 3 para. 1 lit. o UCA, Art. 9 FADP as well as the Federal Supreme Court’s rule on unusual clauses (BGE 135 III 1; BGE 148 III 57). To be reviewed before entry into force by a Swiss lawyer, in particular the limitation of liability (Art. 4), the indemnifications (Art. 9 and 39), the compliance allocation for Akquire (Art. 34 to 39), the commissioned processing (Art. 28 and 38) and the place of jurisdiction. In sales to consumers, the deemed-approval provisions and exclusions must additionally be measured against Art. 8 UCA.