Terms and Conditions

1 Scope and Area of Application

1.1 These General Terms and Conditions (GTC) govern the conclusion, content, processing and provision of services of all kinds in the field of information technology and telecommunications (ICT) as well as device installation and hardware sales between the parties ‘avisec ag’ and ‘purchaser’, hereinafter referred to as the contracting parties. These GTC govern services under contract law and purchase and rental law, including but not limited to software licensing, acquisition, maintenance and servicing of hardware and software, support, services for the development, adaptation, introduction and operation of applications, online services and communication services.

1.2 The general terms and conditions of business or delivery of the ‘purchaser’ do not apply. Even if reference is made to them in the offer or in the associated additional documents. Sales and deliveries are made exclusively under the following conditions. Conflicting or deviating provisions are not recognised unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply unconditionally if we carry out the delivery despite being aware of terms and conditions of the buyer that conflict with or deviate from our terms and conditions.

1.3 Deviations from these General Terms and Conditions must be expressly identified as such and expressed in writing. To be valid, they must be mentioned in the final contract documents such as offers, order confirmations, contracts for work or similar.

1.4 In the event of contradictions between the terms and conditions of the contract components, these General Terms and Conditions shall take precedence over the terms and conditions of the final contract document. These General Terms and Conditions also take precedence over the offer. The purchaser reserves the right to make deviating agreements in the final contract document.

2 Offer

2.1 The offer, including a twenty-minute consultation, is free of charge.

2.2 The validity of the offer is based on the specified date. If no date is specified, the offer is valid for 60 days.

2.3 If the offer issued differs from the request for quotation, the buyer shall expressly point this out.

2.4 Until the offer (order) has been signed or accepted in writing by the buyer, both parties may withdraw from the negotiations without financial consequences. However, if avisec ag has already provided services, for example an on-site visit, these will be invoiced.

3 Products, Services and Delivery

3.1 The type, scope and characteristics of the products and services are specified in the offer, on the avisec website or in service descriptions. These may also refer to further documents. Upon acceptance of the order and sending of the order confirmation, avisec ag commits to providing the service and the customer commits to accepting it. In the event of cancellation of an order, the customer undertakes, notwithstanding further claims, to compensate avisec ag with 25% of the agreed price for expenses and lost profits. In the event of non-delivery, however, the customer shall only be entitled to withdraw from the contract at the earliest three months after the agreed delivery date. Further claims are excluded.

3.2 Special solutions and custom-made products cannot be changed or cancelled after avisec ag has sent the order confirmation.

3.3 The benefits and risks are transferred to the buyer upon acceptance of the service or delivery at the place of fulfillment.

3.4 The location of fulfillment is the contractually agreed location, e.g. the delivery address; in the absence of such, the buyer’s address shall apply.

4 Execution

4.1 If there are special circumstances or guidelines at the buyer’s premises that need to be taken into account for the execution or that could jeopardise contractual performance, these must be reported by the buyer without delay.

4.2 Services are performed using recognised methods and current standards. In addition, instructions given by the buyer are observed.

5 Prices, Terms of Payment, Remuneration

5.1 All our prices do not include shipping costs and VAT. Rental, cloud and mobile phone services, hereinafter also referred to as subscriptions, are invoiced annually in advance. Subscription services are invoiced for each month commenced.

5.2 Invoices are issued immediately after the service has been provided, e.g. shipment of hardware, installation, uninstallation, support or similar. Flat rates for rental and cloud services are usually invoiced annually in advance.

5.3 Invoices are generally due for payment within 20 days of receipt. We reserve the right to make different arrangements, in particular with regard to payment terms. All products delivered by avisec ag remain the property of avisec ag until full payment has been received.

5.4 If the buyer’s creditworthiness deteriorates, we reserve the right to demand sufficient guarantees from the buyer for the proper performance of the obligations undertaken, even after partial shipment of the goods. If the buyer does not satisfy us, we have the right to cancel the entire order or part thereof.

5.5 Any adjustment to the remuneration, namely to cost estimates and flat rates during the term of the contract, shall be made with three months’ advance notice.

6 Payment Delay by the buyer

6.1 If the buyer is in delay with payment, avisec ag reserves the right to provide future services only against advance payment or cash on delivery. avisec ag charges 5% interest per annum after the payment deadline has expired. If an invoice remains unpaid after the due date, we reserve the right to increase the amount by 5%, with a minimum of CHF 30.

6.2 The customer may not raise the defence of set-off against avisec ag on the grounds of improper performance or other alleged counterclaims.

6.3 In the event of late payment, avisec ag reserves the right to immediately suspend or reduce all services. These services include, but are not limited to, online services such as the publication of an online feed (online publication and time-lapse video).

7 Guarantee and Warranty

7.1 Unless otherwise agreed, all electronic products supplied by avisec ag are covered by a 2-year warranty (valid from the invoice date). The warranty only applies if no third parties have tampered with the goods and the goods have been used as intended. All devices supplied by us carry the original warranty under the terms and conditions of the respective manufacturer. The statutory warranty is provided by the manufacturer and is excluded for avisec ag. This applies in particular to consumables, hard disks and camera protective lenses, for which a shorter warranty period applies depending on the manufacturer.

7.2 Warranty services will only be provided if:

• the item was transported in its original or equivalent packaging.
• a proper description of the fault is enclosed
• If no other warranty provisions conflict, avisec ag may fulfil its obligation at its discretion as follows:
  • by repairing the delivered goods;
  • by replacing the defective goods;
  • by granting a price reduction corresponding to the reduced value.

7.3 If a data carrier, e.g. a hard drive or similar storage medium, is handed over to avisec ag for repair, the customer shall in all cases bear full responsibility for ensuring that the data is properly backed up before handing over the item. avisec ag cannot be held liable for data loss under any circumstances. Please note: Hard drives (individual or in PCs) are generally formatted upon receipt for repair.

7.4 Redhibition and reduction on the part of the buyer are excluded in all cases. The buyer’s claims and defences shall become time-barred upon expiry of the warranty period. Any interruption of the limitation period in the event of a warranty claim is excluded.

7.5 Services provided after the expiry of the warranty period are subject to a fee. Remuneration shall be paid at market conditions.

8 Information security, confidentiality and data protection

8.1 The contracting parties undertake to maintain confidentiality regarding business-related facts and data that are neither public knowledge nor generally accessible. This obligation shall also be imposed on third parties involved. In case of doubt, business-related facts and data shall be treated as confidential. The confidentiality obligations shall apply prior to the conclusion of the contract and shall continue to apply after the termination of the contractual relationship or after the agreed services have been performed. Statutory disclosure and information obligations remain reserved. During the quotation request process, avisec ag is entitled to share the fact and the essential content of the quotation request with any subcontractors or partners involved, such as installation partners or resellers, but must otherwise treat the quotation request as confidential.

8.2 Advertising and publications about project-specific services require the prior written consent of the other party to the contract, as does their mention as a reference.

8.3 avisec ag and its personnel commit to complying with the buyer’s operational, technical and safety-related regulations, provided that these are communicated to avisec ag in writing prior to the conclusion of the contract or agreed upon subsequently.

8.4 avisec ag endeavours to comply with the legal provisions on data protection and data security at all times. This is also expected of the customer and subcontractors.

8.5 avisec ag commits to processing the customer’s personal data entrusted to it or made available to it only to the extent and exclusively for the purposes necessary for the fulfilment of the contract.

8.6 avisec ag has implemented technical and organisational measures to ensure data protection and information security. The technical documentation is the property of avisec ag.

9 Liability

9.1 There are no further legal claims beyond those mentioned in clause 7. Any further liability is excluded; in particular, there is no liability for direct or indirect, immediate or consequential damage resulting from the use, malfunction or failure of the goods delivered by avisec ag.

9.2 In the case of rental of avisec ag products, liability is transferred to the customer during the use of the rental object. The renter is liable for claims for damages caused by the renter themselves or a subcontractor of the renter due to improper attachment or use, as well as loss and defects.

9.3 The customer is fully liable for damages resulting from the unauthorised or unjustified publication of image data within the scope of the business relationship.

9.4 In the event of damage caused by natural forces such as storms, hail or similar, avisec ag reserves the right to readjust the image section or the construction site webcam or to provide any other services that serve to correct the image recording, at its own expense. Any further corrections affecting the image section agreed with the customer, for example due to construction measures, shall be provided at cost.

10 Complaints

10.1 The order shall be deemed to have been duly fulfilled if the customer does not submit a written complaint to avisec ag within 10 days of the service being provided.

10.2 avisec ag warrants that its offer and services do not infringe any third-party property rights. The buyer guarantees that it will not infringe any third-party property rights with the resources made available to avisec ag.

10.3 The buyer shall defend against any third-party claims for infringement of property rights at its own expense and risk. avisec ag shall notify the buyer of such claims in writing without delay and, to the extent possible under the applicable procedural law, shall leave it to the buyer to conduct any legal proceedings and take the appropriate measures to settle the dispute in or out of court. Under these conditions, avisec ag agrees to contribute to the court, legal and other reasonable costs incurred by the buyer in connection with the legal dispute, as well as to the imposed licence fees, compensation and damages, provided that the infringement of property rights is not attributable to the buyer’s use of avisec ag’s services in breach of contract.

11 Termination and End of Contract

11.1 The notice period is two months at the end of the month. Unless duly terminated, the services shall continue until revoked.

11.2 Termination of the IT services used, e.g. cloud services, must be made in writing and in compliance with the ordinary notice period.
Upon termination of the subscription (service agreement or cloud services), avisec ag’s contractual obligation to provide the agreed services ends. The customer is responsible for ensuring that all relevant data are backed up prior to the end of the contract.
In order to comply with data protection requirements, avisec ag is entitled to irrevocably delete all customer data related to the contract, including stored images, content, and communication data. An extension of the retention period shall only take place by explicit agreement. It is the customer’s responsibility to take timely measures to secure their data.

12 Location of Data Processing

12.1 Customer data are processed exclusively in Switzerland and under Swiss law.

12.2 Image data are processed within the European Union (EU) in compliance with EU law and in accordance with the provisions of the General Data Protection Regulation (GDPR).

13  Re-Export

13.1 When re-exporting the supplied products from Switzerland, the provisions applicable to computer products of the Import and Export Division must be observed.

14 Place of Jurisdiction

The place of jurisdiction for all disputes with avisec ag is at the registered office of avisec ag.

avisec ag
Rugghölzli 2
5453 Remetschwil
Switzerland

This version supersedes all previous terms and conditions.