General terms and conditions

Art. 1 Subject matter and scope of the contract

The GTC apply to all present and future contractual relationships between the customer and Dartera. General terms and conditions of the customer shall only become part of the contract with the express written consent of Dartera.

Art. 2 Dates

Unless explicitly agreed otherwise, delivery periods and dates are not binding on Dartera.

Art. 3 Works

The customer has no right to withhold payment in case of defects of a work. In the event of defects for which Dartera is responsible and which significantly impair the functionality of the work, Dartera shall be granted the priority right of rectification. If a rectification is not possible, the customer can demand a reduction after several unsuccessful rectifications.

Art. 4 Liability

All liability of Dartera is excluded to the extent permitted by law.

In particular, Dartera shall not be responsible for defects caused by force majeure, improper handling or use, excessive stress, unsuitable operating equipment
or extreme environmental influences, interventions by the customer or disturbances by third parties, e.g. hacker attacks, as well as if the customer insists on a desired change despite warning by Dartera and Dartera is commissioned to implement it.

Art. 5 Force majeure

Force majeure (e.g. power failures), delivery failures, official measures and other unforeseeable, unavoidable or serious events shall release Dartera from its obligation to perform for the duration of their effect. Any deadlines and dates are extended for the duration of the effect. Dartera shall not be liable in this respect.

Art. 6 Exclusion of a guarantee of success

Dartera does not guarantee that successes planned by the customer in connection with the ordered/commissioned service will be achieved.

Art. 7 Costs

Consumables, expenses and licenses purchased from third parties are not included in the estimated costs. Such expenses will be charged to the customer by Dartera at normal market prices. The customer shall reimburse Dartera for outlays and expenses incurred in connection with the execution of the contract.

Art. 8 Payment modalities

All prices for Dartera services are quoted in Swiss francs (CHF). Invoices from Dartera are due for payment within 14 days from the date of invoice. Unless Dartera has agreed in advance and in writing, the set-off of any claims of the customer against Dartera is excluded.

Dartera will charge the customer an additional CHF 20.00 for each reminder.

If Dartera has to initiate a debt collection procedure to enforce a claim, the customer will be charged all collection costs plus at least CHF 100.00 per collection.

Art. 9 Data protection

The Customer agrees that the provision of the IT Service by Dartera may result in the processing of personal data relating to it, its employees, customers, auxiliary persons and suppliers (hereinafter “Customer Data”). The customer agrees that such data may be used for the initiation and handling of the business relationship with Dartera and may also be disclosed to third parties for this purpose.

In particular, the customer agrees that Dartera:

• Receives or shares customer information via email;
• Customer data is processed for marketing purposes, namely for sending newsletters or offers adapted to the needs of the customer;
• discloses customer data to third parties for collection or accounting purposes;
• may also obtain information about the customer from third parties (e.g. from credit agencies and public registers);
• stores customer data on public clouds, with Dartera ensuring that the public cloud provider provides adequate data protection.

If the customer purchases licenses from third parties through Dartera, Dartera may disclose data about the customer to such third parties to the extent necessary for the provision of their services.

If the customer obtains public cloud services via Dartera, the customer itself shall be responsible for ensuring that the public cloud provider guarantees data protection and takes appropriate technical and organizational measures for this purpose. The privacy policy of the public cloud service can be viewed on the website https://aws.amazon.com/de/compliance/data-privacy/. By placing an order with Dartera, the customer confirms that he has read and agrees to this Privacy Policy.

Art. 10 Use for advertising and reference purposes

Dartera is permitted to use all results created in connection with the respective contract for reference and advertising purposes as well as to list the customer by name. The customer may at any time request not to be listed by name for advertising and reference purposes.