General terms and conditions
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.
Unless explicitly agreed otherwise, delivery periods and dates are not binding on Dartera.
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.
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.
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.
Dartera does not guarantee that successes planned by the customer in connection with the ordered/commissioned service will be achieved.
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.
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.
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:
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.
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.