These General Terms and Conditions of SwissSalary Ltd. set basic terms of use for the Customers of SwissSalary Store, SwissSalary Direct and SwissSalary EasyRapport in SwissSalary Cloud. Please click ‘Agree’ to declare the acceptance of these conditions and take advantage of SwissSalary Cloud offers. For further details about our products and services, please visit http://www.swisssalary.ch/en/products.
  

1. Offer and Contract 

 

1.1 SwissSalary Ltd. shall provide the Customer with an account with the disk space on a server connected to the Internet. The current offers and prices are always published on the website. The Customer informs SwissSalary Ltd. which offers they have opted for.

1.2 The contract becomes effective once SwissSalary Ltd. has confirmed the Customer’s order via email.

1.3 As a registered user of the Service, the Customer can create an account (’Account’). Do not pass your account information to third parties. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account.

1.4 The contract for the use of SwissSalary Cloud Products is usually concluded for an indefinite term and can be terminated after a 3 months’ notice under the terms of these GTC (see Paragraph 11).

2. Validity of the GTC


2.1 The GTC in their respective valid version shall apply as soon as the contract between SwissSalary Ltd. and the Customer has been concluded.

2.2 Individual deviations from these GTC must be drawn up in writing. This also applies if only individual clauses of the GTC are to be deviated from.

2.3 SwissSalary Ltd. reserves the right to adjust these GTC and specifically the prices for products and services at any time when necessary.

2.4 SwissSalary Ltd. shall inform the Customers about changes in contractual conditions in due time. If the Customer does not raise objection to a change within a reasonable period defined by SwissSalary, then the change is considered to have been approved. SwissSalary Ltd. would like to draw Customer’s attention to the fact that the change will take effect unless it is objected within the specified time limit.  In case of a Customer’s objection, the contract will be terminated on the next termination date in accordance with the termination provision unless the parties find another mutual solution.

3. Terms of Payment


3.1 The decisive factor for invoicing is the offer chosen by the Customer and the price valid at the time of conclusion of the contract plus VAT.

3.2 Basically, the agreed price is invariable for the contract period chosen by the Customer when the contract is concluded.

3.3 In principle, payment for the services delivered by SwissSalary Ltd. is due in advance and will be charged in advance according to your price plan.

3.4 Once SwissSalary Ltd. has received the first payment according to the price plan, the account will be opened.

3.5 Variable costs incurred by SwissSalary Ltd. not taken into account in the price plan and/or identified as such (e.g. monthly coworker expenditures, if required) will be charged retrospectively.

3.6 Invoices issued by SwissSalary Ltd. are payable within the period stipulated in the terms of payment.

3.7 If a Customer is in default on payment, SwissSalary Ltd. will deliver an email reminder at first. The reminder fee is CHF 10.-. If the Customer fails to pay the invoice within ten days, SwissSalary Ltd. reserves the right to suspend the account until the payment arrives. If it takes more than another ten days, SwissSalary Ltd. will be entitled to terminate the contract without giving notice and in such cases reserves the right to claim compensation for any damage.

3.8 If SwissSalary Ltd. configures a service, it shall undertake to refund the amounts paid in advance on a pro rata temporis basis.

3.9 The fee for special paid services will be charged before their first-time use.

3.10 All payments shall be made in Swiss Francs. The Customer can choose between invoicing and payment with major credit cards, as long as credit card charge is supported for the corresponding product.

4. Warranty


4.1 SwissSalary Ltd. shall be committed to provide its services 7 days a week, 24 hours a day without disturbance and interruption.

4.2 SwissSalary Ltd. shall undertake to ensure security of its own systems and services, and to keep the technical state of the credit card payment system at an up-to-date level.

4.3 SwissSalary Ltd. shall undertake, as far as possible, not to carry out maintenance work, expansion of services, and the introduction of new hardware and software during normal business hours. It shall inform the Customers about foreseeable service interruptions as soon as possible.

4.4 In the vent of unforeseeable service interruptions SwissSalary Ltd. shall inform its Customers as quickly as possible. Within its capacity, the Company shall undertake to repair the damage as quickly as possible.

4.5 SwissSalary Ltd. shall undertake to observe the rules of data security and data protection within its sphere of influence. This shall also apply to permanent employees and freelancers.

4.6 In the event of problems with the access to the contractually agreed services, the Customers will be provided with a free consultation by phone or mail.

5. Liability Regulations


5.1 The liability of SwissSalary Ltd. shall be limited to the damages caused by intentional breaches of the Contract or ordinary negligence on the part of the Company or its employees. If such situation occurs, the Customers should immediately notify SwissSalary Ltd. about disruptions or defects.

5.2 The Customers are aware that errors can creep in even with careful software development and maintenance, so that the company cannot guarantee complete achievement of all the desired goals. Therefore, SwissSalary Ltd. shall have no legal liability for slight negligence and any indirect or consequential damages.

5.3 SwissSalary Ltd. shall assume no liability for disruptions or defects that occur for reasons outside of its control, especially for safety defects and operational breakdowns of third party companies that it works with or is dependent on.

5.4 The warranty shall exclude disruptions or defects that occur for reasons outside of SwissSalary's control such as natural wear and tear, force majeure, improper use, excessive operational demands, unsuitable means of operation or extreme environmental influences, customer intervention or third-party disruption like DOS attacks, hacking attacks, viruses, worms or other criminal activity or backbone failures of international carriers that occur despite the required up-to-date safety provisions.

5.5 SwissSalary Ltd. shall also assume no liability for negative effects that other programs on the Customer's computers have on the use of the Cloud.

5.6 SwissSalary Ltd. shall not assume any liability if while using the Cloud a Customer finds themself to be in serious breach of data protection and confidentiality obligations in respect of third parties or third-party companies. The Customers shall not be relieved of personal responsibility by swapping out data and processes.

5.7 SwissSalary Ltd. shall assume no liability for damages caused to the Customer by the content of the data stored by them on the cloud or by transfer of information in question to the Internet or intranet. SwissSalary Ltd. expressly draws the Customers' attention to the fact that due to the current state of technology data protection and data security in open networks like the Internet cannot be guaranteed for data transmission.

6. Confidentiality


6.1 The Customer and SwissSalary Ltd. shall treat all generally known or readily accessible information as confidential, especially information on know-how and program design. In case of doubt, information shall be treated as confidential.

6.2 The confidentiality obligation set forth in Clause 6.1 shall be in effect prior to conclusion of the Contract and last beyond the termination of the contract as long as the data in question has not been disclosed.

6.3 SwissSalary Ltd. shall undertake to provide encryption systems for the data stored in the Cloud.

6.4 The Customers may at all times delete the data stored in the Cloud irretrievably. The provider shall accept no liability for the backup of the data to be deleted.

6.5 SwissSalary Ltd. shall undertake to prevent its permanent employees, consultants or third parties from viewing the Customer's data not intended for disclosure. Should it be exceptionally necessary, particularly for technical reasons, the persons concerned are obliged to maintain equally strict confidentiality. This shall also apply if SwissSalary Ltd. engages third parties for the purpose of contract implementation (see Clause 7.2).

6.6 In case of breach of confidentiality obligation, the other party may demand compensation for damage caused.

7. Relations With Third Parties


7.1 SwissSalary Ltd. is authorized to transfer its rights and duties resulting from the present Contract to third parties. In particular, SwissSalary Ltd. can make use of services by specialized and renowned third parties to host the cloud, maintain computers, as well as for the Security Review for the purpose of contract implementation. Subsequently, SwissSalary Ltd. can engage, for instance, specialized third-party companies and external professionals to develop components.

7.2 Third-party companies shall be selected in such cases to comply with the Swiss or EU data protection legislation. SwissSalary Ltd. shall undertake to conclude a confidentiality agreement with the third-party company to comply with the confidentiality obligations stipulated in Paragraph 6 of these GTC.

7.3 Subleasing of the services purchased from SwissSalary Ltd. to any third party shall only be allowed with the written consent of SwissSalary Ltd.

8. Support


8.1 After the account has been opened, SwissSalary Ltd. shall assist the Customers in the event of technical issues, installation and application problems.

8.2 The elimination of defects that SwissSalary Ltd. is responsible for and the relevant consulting services for the Customers shall be provided free of charge.

8.3 SwissSalary Ltd. website contains information as to how the Customer should behave in case of defects.

8.4 The services and consulting not expressly set forth in the Contract, as well as the hotline, will be charged for at the current rate of SwissSalary Ltd. The current rates are always published on the SwissSalary Ltd. website.

9. Customer's Obligations


9.1 The Customers shall obtain the facilities that they need to access the Cloud (hardware, software) at their own cost. SwissSalary Ltd. will be glad to inform you about the required installations. If required, SwissSalary Ltd. can also arrange this for a fee. 

9.2 The Customer shall be obliged to provide the data required for the performance of the Contract and service provision correctly and in full, and inform of any changes immediately. This shall apply in particular to addresses, bank details and email addresses. The Customers shall immediately inform SwissSalary Ltd. about all address changes and other necessary information.

9.3 SwissSalary Ltd. shall inform the Customers on its website about privacy-related and other risks and safety precautions that they have to observe.

9.4 The Customers shall have their own system secured in such a manner that it is neither a source of danger to third parties, nor an impairment to the security, integrity or availability of the infrastructure that SwissSalary Ltd. uses for its services. SwissSalary Ltd. can suspend all or part of its services if the Customer's systems affect the security, integrity or availability of the infrastructure. In this case, the Customer will receive a warning.

9.5 Basically, it shall be the concern of the Customer to create backups of their data, unless automatic backups are created in a program. The search for lost data will be charged on a time and material basis at the current rate of SwissSalary Ltd..

9.6 The Customer shall be responsible for ensuring that the address designations they have chosen (like domain or email addresses) do not infringe third party rights.

9.7 The Customers shall be obligated to change passwords on a regular basis. They shall undertake to manage passwords and other login information carefully and keep it secret.

9.8 The Customers shall be obligated to inform SwissSalary Ltd. immediately once they become aware that a third party knows the password. SwissSalary Ltd. shall undertake to block access to the data of the Customer concerned immediately after receiving such information until other passwords and access codes have been set up.

9.9 Should a Customer fail to inform SwissSalary Ltd. about the misuse of their passwords, they are to pay for the services purchased by unauthorized persons under the terms of the Contract. It is therefore in the interest of the Customers to keep access data under very stringent control.

9.10 The Customer shall undertake to notify SwissSalary Ltd. about any security breach with regard to their account immediately. SwissSalary Ltd. shall not be liable for losses caused by an unauthorized use of the Customer's account.

9.11 The Customers shall undertake not to make wrongful use of the products (SwissSalary Store, SwissSalary Direct and SwissSalary EasyRapport), namely
  • not to bother anyone with unwanted communication attempts and advertising;
  • to observe the applicable legal regulations of Switzerland and the EU and, for example, not to send chain letters or fraudulent offers.

9.12 Clients shall be personally responsible for data and information processed in the Cloud. They may not violate legal regulations of Switzerland. International law should also be observed to the extent necessary.

9.13 SwissSalary Ltd. shall assume no responsibility for damages caused by the Customers' failure to meet the obligations set forth in clauses 9.1 through 9.14. On the other hand, the Customers and SwissSalary Ltd. shall bear liability for all damages caused by wrongful use and breach of their contractual obligations under clauses 9.1 through 9.14

9.14 SwissSalary Ltd. shall be entitled to suspend access to the Cloud immediately in the following cases
  • when a Customer jeopardizes the security of the Cloud by doing improper or criminal activities;
  • when a Customer accesses other users' data without authorization;
  • when it comes to SwissSalary Ltd.'s notice that a Customer stores criminal content in the Cloud.

9.15 SwissSalary Ltd. shall be entitled to report to the police in the case of criminal action


10. Intellectual Property Rights


10.1 SwissSalary Ltd. shall retain all copyrights, design rights and rights of use for the software developed in house.

10.2 Should a Customer use their own or third party software, the Customer or the third party shall retain the copyright. The Customer concerned shall indemnify the provider from copyright claims by third parties relating to the software in question.

11. Contract Termination


11.1 The Contract may be terminated by either party at any time by giving a 3 months' written notice by letter or by email at the end of a month, unless otherwise agreed.

11.2 SwissSalary Ltd. shall undertake to delete irretrievably all the data of the Customer concerned after the termination of the Contract. If under clause 7.2 the services have been carried out by third parties, they shall also be obligated to irretrievably delete all the data of the Customer concerned.

11.3 Should SwissSalary Ltd. cease to provide a service, it shall undertake to notify the Customer of this as soon as possible. Then, the Customers will have the right to terminate the Contract in terms of this service immediately. SwissSalary Ltd. shall also undertake then to delete irretrievably all the data of its Customers connected to the canceled service.

11.4 It is in the interest of the Customers to save their files before the termination of the Contract to use them freely afterwards. After the termination of the Contract, the provider shall not be responsible anymore for the data of the Customers concerned.

11.5 SwissSalary Ltd. shall have no obligation to transmit the Customers' data to other providers in the case of Contract termination. A special contract thereof can be concluded on the Customer's request.

12. Final Provisions


12.1 Swiss law is applicable for any and all disputes arising from this Contract.

12.2 The parties shall try to resolve difficulties caused by the realization of this Contract by amicable means.

12.3 Should certain articles be unregulated or individual provisions of these Terms and Conditions become ineffective, the Contract shall remain in force. The unregulated or ineffective articles shall be replaced by an agreement to comply with law and reflect the intentions of both parties as closely as possible.

12.4 The exclusive place of jurisdiction is the headquarters of SwissSalary Ltd.

Version 12.3.2016