These General Conditions apply to all services and also to the complete or partial use of IT solutions developed or sold by HEIMELIG CONSULTING SA.
In principle, they govern relations between HEIMELIG CONSULTING, its Customers and Third Parties, save in express written exceptions. They annul and replace all verbal or written agreements that may have been made previously between the parties in this regard.
CLAUSE 1. DEFINITIONS
“HEIMELIG CONSULTING”: HEIMELIG CONSULTING SA, a company under Swiss law, the main corporate purpose of which is providing information technology services.
“Customer”: An individual person or legal entity contracting the services provided by HEIMELIG CONSULTING.
“Data”: all information of any nature whatsoever, particularly texts, translations, images, sounds, videos, etc. passing through information systems allowing the services provided by HEIMELIG CONSULTING to be used.
“Services”: All of the services provided by HEIMELIG CONSULTING.
“Information system”: data and programs under the influence of HEIMELIG CONSULTING
Third parties”: Any person or organisation recognised as independent that is not part of the regular personnel of HEIMELIG CONSULTING.
CLAUSE 2. SERVICES OF HEIMELIG CONSULTING
HEIMELIG CONSULTING provides services in the field of computing.
These services are principally: the development of applications and services associated with them.
The specific features of the different services are specified in the special contractual terms and technical descriptions.
CLAUSE 3. SPHERE OF OPERATION
HEIMELIG CONSULTING ensures that appropriate state-of-the-art support is provided for its information system under its sphere of influence. HEIMELIG CONSULTING corrects malfunctions that come under its sphere of influence, within an appropriate time limit, with the facilities which it reasonably has available.
Malfunctions, the cause of which is not found in its information system, may not be attributed to HEIMELIG CONSULTING and are for the account and are the responsibility of the Customer.
CLAUSE 4 . OBLIGATIONS OF THE CUSTOMER
- Technological prerequisites
The Customer undertakes to use only the services of HEIMELIG CONSULTING in accordance with the recommended technological prerequisites.
- Right of access
Rights of access to the Customer’s information system are the responsibility of the Customer. The Customer will be liable for all damage that may be caused to it, including damage by unauthorised third parties.
The Customer takes state-of-the-art measures to prevent all unauthorised interference with its information systems including in particular the spread of computer viruses, worms, Trojan horses, logic bombs, etc.
- Customer’s data
The Customer undertakes not to publish or transmit data which is contrary to law.
HEIMELIG CONSULTING may not be held liable for such data nor for data which the Customer receives or which Third Parties distribute or provide via the information systems.
CLAUSE 5. LICENCE
As a general rule, the user subscription of a software program from HEIMELIG CONSULTING enters into effect at the time the subscription is considered activated and/or paid.
- Unless agreed otherwise, the activation subscription of software program is non-exclusive and is linked to the domain name (DNS / domainnameserveur.com).
- Activation of the trial subscription of a software program from HEIMELIG CONSULTING is non-exclusive and time limited. At the end of the trial period, the activation of a commercial subscription linked to the domain name (DNS / domainnameserveur.com) is required.
HEIMELIG CONSULTING is entitled to prohibit the use of the software and/or its subscription, without giving notice and without indemnity, and may claim damages if necessary.
CLAUSE 6. BILLING AND TERMS OF PAYMENT
The full subscription is activating by an online payment.
- Overdue payment
If payment is not made on time, the Customer is in default without the necessity of a reminder being sent to it.
If the Customer fails to pay, HEIMELIG CONSULTING reserves the right to stop supplying its services without notice and without indemnity.
Customers may not offset accounts receivable of HEIMELIG CONSULTING with counterclaims.
- Annulment or suspension of payment
In the event of a request for a reimbursement, annulment or suspension of payment by the Customer, HEIMELIG CONSULTING reserves the right to suspend the services provided with immediate effect. The Customer is notified of the procedures for backing up, transferring, copying and erasing data. (Ref. ART. 7. BACKING UP, COPYING AND ERASING DATA)
ART. 7. BACKING UP, COPYING AND ERASING DATA
The Customer assumes full responsibility for all consequences related with the content and management of the data.
The Customer is responsible for making a copy of all data transmitted via the Services of HEIMELIG CONSULTING. The Customer must ensure the integrity and availability of this copy at all times.
The Customer undertakes to back up all data, log data, statistical data and data generated or updated transmitted via the Services of HEIMELIG CONSULTING.
On the cancellation or termination of a Service provided by HEIMELIG CONSULTING, the Customer authorises the destruction of data irrespective of the prior non-recovery thereof.
CLAUSE 8. CHARGES
The scale of charges can be obtained from HEIMELIG CONSULTING, which reserves the right to alter them at any time.
CLAUSE 9. DATA TRANSMISSION
No assurance or guarantee will be given regarding availability, quality, operation, format, time taken or assistance for the transmission of data by the Customer and by Third Parties when using the services provided by HEIMELIG CONSULTING.
CLAUSE 10. SECURITY
HEIMELIG CONSULTING pays particular attention to security when developing its services. Nevertheless the Customer acknowledges that, despite the best efforts of HEIMELIG CONSULTING, its use of the most up-to-date technology and compliance with the security standards, it is impossible to guarantee absolute security and fault-free operation of the Services used.
HEIMELIG CONSULTING reserves the right to use other security features or to change the Customer’s user identification.
CLAUSE 11. LIABILITY OF HEIMELIG CONSULTING
However, HEIMELIG CONSULTING accepts no liability, insofar as permitted by law, particularly but not exclusively for malfunctions, the corruption and loss of data and for consequential damage or loss of earnings. HEIMELIG CONSULTING may only be held liable for gross negligence and deliberate misconduct. This provision on liability prevails over all other contractual terms. HEIMELIG CONSULTING accepts no liability for damages resulting from the inappropriate use of the services, in particular for damages due to failure by the Customer to observe the duty of care. HEIMELIG CONSULTING does not guarantee uninterrupted access, faultless operation, or the accuracy and integrity of the data uploaded or downloaded.
HEIMELIG CONSULTING accepts no liability for damages incurred by the Customer as a result of errors in transmission, corrupted data, disruptions, faults or unlawful intrusions in the information systems.
HEIMELIG CONSULTING reserves the right to interrupt the services at any time in the event of security related risks arising, and is under no obligation to explain the reasons for such interruption. HEIMELIG CONSULTING accepts no liability for damages caused by such interruptions.
In the event of gross negligence or wilful misconduct for which HEIMELIG CONSULTING is found to be liable, liability will be limited to a credit note equal to the amount invoiced in the last 12 months for the service with a causal link to the damages.
CLAUSE 12. FORCE MAJEURE
Events of force majeure are considered to be, apart from those normally accepted by the Jurisprudence of the Swiss Courts and Tribunals, in particular full or partial strikes within the company or external to it, lock-out, inclement weather, interruptions in means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, interruption of telecommunications networks, power outages, the appearance of viruses and other cases beyond the control of the parties preventing the normal execution of the Services.
In the cases listed above, the obligations hereof will be suspended.
CLAUSE 13. CONFIDENTIALITY
HEIMELIG CONSULTING will ensure that the information which has been entrusted to it by the Customer or a Third Party will be preserved. It will be considered as confidential and treated with discretion.
However, the Customer and the Third Party undertake to keep a copy of all documents (content, specifications, technical descriptions, plans…) entrusted to HEIMELIG CONSULTING.
CLAUSE 14. DATA PROTECTION
HEIMELIG CONSULTING undertakes to treat the data of its Customers with care and to comply with the legal regulations on personal data protection.
HEIMELIG CONSULTING only inputs, records and processes the data required to fulfil its contractual obligations, manage customer relations, guarantee high quality services, make use of subscription, and for billing.
The Customer authorises HEIMELIG CONSULTING to process its identification data to enable it to provide an optimum service and to inform it of the current offers of HEIMELIG CONSULTING.
However absolute protection against interference or eavesdropping by third parties cannot be guaranteed. Consequently, HEIMELIG CONSULTING accepts no liability for such interference.
CLAUSE 15. INTELLECTUAL PROPERTY
HEIMELIG CONSULTING grants the Customer, for the duration of the contracts or subscriptions, a non-transferable and non-exclusive right to use the services and products provided under the terms of these General Conditions and other contractual provisions. All intellectual property rights remain in the ownership of HEIMELIG CONSULTING or the subscriber.
CLAUSE 16. AMENDMENTS TO THE GENERAL CONDITIONS
HEIMELIG CONSULTING reserves the right to adapt its services, its prices and these General Conditions at any time.
In the event of a change in tax rates (VAT in particular), HEIMELIG CONSULTING will be authorised to adapt its rates accordingly. In this case, the Customer will have no right to early termination.
CLAUSE 17. RECOURSE TO THIRD PARTIES
To meet its contractual commitments, HEIMELIG CONSULTING may make use of Third Parties at any time.
CLAUSE 18. TRANSLATIONS
If the General Conditions are translated into other languages, the French version will prevail.
CLAUSE 19. JURISDICTION AND APPLICABLE LAW
These General Conditions are subject to Swiss law.
Failing an amicable settlement notified by one of the parties to the other, all disputes will be brought before the competent Court of Geneva.