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General Terms and Conditions

  1. Scope These General Terms and Conditions ("GTC") apply to the entire business area of Experts Inside AG (hereinafter "the Company"). The Company provides and brokers services and products primarily in the areas of: Productivity, Modern Working Methods, Security, Infrastructure, Modern Workplace, User Adoption, and Business Automation. It uses products and services from Microsoft and other manufacturers. In addition, the Company offers its own software developments, individual software developments, and various solutions for the information management of its customers. Separate, individual contracts and provisions may be used for any areas.

  2. Conclusion of Contract A contract is concluded by the acceptance of the Company's offer regarding the supply of products and/or services by the customer. A contract is definitely formed when the customer uses the services offered by the Company and/or orders or directly purchases products through the Company's online shop.

  3. Prices Unless otherwise stated in offers, all prices are in Swiss Francs (CHF). All prices are exclusive of any applicable value-added tax (VAT) and other potential taxes. Prices are exclusive of packaging and shipping costs. The Company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract in the offer or on the Company's website apply. If a commission has been agreed upon, it is due upon fulfillment of the obligations by the Company. Whether the end customer pays the client has no influence on the creation and due date of the commission, the fulfillment of the obligation by the Company is relevant.

  4. Payment The Company offers the customer the following payment options: invoice, advance payment, down payment. The customer is obliged to pay the invoiced amount within 30 (thirty) days from the date of the invoice. If the invoice is not settled within the aforementioned payment period, the customer will be warned. If the customer does not settle the invoice within the set reminder period, they automatically fall into default. From the time of default, the customer owes default interest at the rate of 5% (five percent). Offset of the invoiced amount with any claim of the customer against the Company is not permitted. For a high order sum, the Company may require a down payment from the customer. The Company has the right to refuse delivery or service provision in case of payment default.

  5. Obligations of the Company 5.1. Delivery / Delivery Dates Delivery takes place within 14 (fourteen) working days after receipt of the order. If timely delivery is not possible, the customer will be informed by the Company within 5 (five) working days after order receipt, and the new delivery date will be communicated. Unless otherwise agreed, the Company's location is agreed as the place of performance. The Company fulfills its obligation by handing over the ordered products to the agreed forwarder. If no forwarder is agreed, the Company is free to choose a forwarder. The agreed delivery costs must not be increased by the choice of the forwarder.

5.2. Service Provision Unless otherwise agreed, the Company fulfills its obligation by providing the agreed service. If no further provisions are agreed, the Company's location is deemed the place of performance.

5.3. Assistants The parties expressly have the right to engage assistants to fulfill their contractual obligations. They must ensure that the engagement of the assistant complies with all mandatory legal provisions and any collective labor agreements.

  1. Obligations of the Customer The customer is obliged to take all precautions necessary for the provision of the service by the Company immediately. The customer must make the preparations at the agreed place, at the agreed time, and to the agreed extent. Depending on the circumstances, this includes providing suitable information and documents for the Company.

  2. Non-Solicitation and Employment Prohibition Without the express written consent of the Company, the customer may not poach or employ the Company's employees or other assistants, either on their own account or for a third party. Even after the termination of the contractual relationship, it is prohibited for the customer to employ the Company's employees or other assistants in any way, directly or indirectly. This prohibition is valid for one year after the termination of the contractual relationship and is limited to the area of activity of the respective employee or assistant.

  3. Withdrawal Both parties have the right to withdraw from the contract at any time. The expenses already incurred are to be fully compensated to the other party. If a withdrawal occurs at an inopportune time, any potential claims for damages are reserved.

  4. Cancellation of Appointments For agreed appointments to provide the contractual service, cancellation up to 5 (five) working days before the appointment is free of charge. If there is no or a late cancellation, the following costs are due:

  • Up to 5 (five) working days before the appointment: 0% (percent) of the agreed price
  • Up to 2 (two) working days before the appointment: 50% (fifty percent) of the agreed price
  • Up to 1 (one) working day before the appointment: 100% (one hundred percent) of the agreed price

  1. Exchange An exchange of products is generally excluded.

  2. Revocation The customer has the right to revoke the contract within 5 (five) days from sending the order in written form (letter, email, chat, etc.) or implicitly by returning the products. To comply with the revocation period, the timely dispatch of the revocation or the product is sufficient. In the event of a revocation, the customer must bear the costs of the return. In the case of an effective revocation, the services received by both parties must be refunded. The return of the products must be in the original packaging; otherwise, the customer must fully compensate the Company for any damage caused by the opening of the packaging or damage to the product.

  3. Warranty The Company warrants to perform the agreed services in industry-standard quality. The legal warranty provisions apply. The Company guarantees the above for a maximum period of 24 (twenty-four) months. Any defect must be reported to the Company immediately. The Company has the right to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible does the customer have the right to a reduction or refund of the purchase price. The claim for reimbursement of costs for third-party repairs is excluded. During the repair time, the customer has no right to a replacement product. The warranty for the repaired element starts anew; for the remaining elements of the product, the original warranty period continues.

  4. Liability Liability for any indirect damages and consequential damages is completely excluded. Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The customer is obliged to report any damages to the Company immediately. Any liability for assistants is completely excluded.

  5. Intellectual Property Rights All rights to the products, services, and any trademarks belong to the Company or it is authorized by the owner to use them. Neither these GTC nor related individual agreements involve the transfer of any intellectual property rights unless explicitly mentioned. Furthermore, any further use, publication, and making available of information, images, texts, or anything else that the customer receives in connection with these provisions are prohibited, unless explicitly authorized by the Company. If the customer uses content, texts, or pictorial material related to the Company that third parties have a protective right to, the customer must ensure that no third-party protective rights are violated.

  6. Data Protection The Company may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the contract. The Company takes the measures necessary to secure the data according to legal provisions. The customer fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and authorized by courts or authorities to disclose information from the customer to these or third parties. Unless the customer has explicitly prohibited it, the Company may use the data for marketing purposes. The data necessary for the performance of the service can also be passed on to commissioned service partners or other third parties. Furthermore, the data protection provisions apply.

  7. Changes These General Terms and Conditions can be changed by the Company at any time. The new version comes into effect 30 (thirty) days after being posted on the website (www.expertsinside.com/agb) by the Company. For customers, the version of the GTC that is in force at the time of the conclusion of the contract generally applies, unless the customer has agreed to a newer version of the GTC.

  8. Priority These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these GTC take precedence over these GTC.

  9. Severability Clause Should a provision of this contract or an annex to this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties will replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual gaps.

  10. Confidentiality Both parties, as well as their assistants, undertake to treat all information submitted or acquired in connection with the services confidentially. This obligation remains even after the termination of the contract.

  11. Force Majeure If timely fulfillment by the Company, its suppliers, or engaged third parties is made impossible due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, wars, unrest, civil wars, revolutions, and uprisings, terrorism, sabotage, strikes, nuclear accidents, or reactor damage, the Company is relieved of the fulfillment of the affected obligations for the duration of the force majeure and a reasonable startup time after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company must fully refund any fees already paid by the customer. Any further claims, in particular claims for damages due to force majeure, are excluded.

  12. Agents and Distributors The customer acknowledges that any distributors or agents work independently and thus independently of the Company, and any potential claims against them are to be made directly. The Company is in no way liable for contract violations by any agents or distributors.

  13. Software Development 22.1. Software License The Company grants the customer the right to use the software for the agreed duration. The license is non-transferable and non-exclusive and limited to the function and scope according to the product description. Even after payment of the license fee, the software remains the property of the Company. The customer may only use the software for the agreed number of users. Apart from the copy required for backup, copying is prohibited. The customer is prohibited from copying, reproducing, sublicensing, transferring, or duplicating the software or related documents or computer programs, or transferring them to third parties. Furthermore, the customer is prohibited from altering, decompiling, disassembling the software or related documents or computer programs, or creating new software from elements thereof, unless written permission from the Company is present. The customer is obliged to always use the current version of the corresponding software. Furthermore, the customer is prohibited from removing or altering any copyright markings on the software or related documents or computer programs. The copyright of the software remains fully with the Company as the licensor and is not transferred to the customer. The customer is only a licensee authorized to use the software in accordance with the contract.

The customer must ensure that the technical and factual requirements for receiving and using the services, data, and content are met on his side. If these requirements are not met, this has no effect on the formation and continuation of the contract between the customer and the Company.

The customer undertakes to provide the personal data required at registration truthfully and to notify the Company of any changes to the personal data.

22.2. Maintenance/Liability Also, claims for compensation for the loss of the invested funds, for lost profits, for data loss, for the restoration of the software, for downtime, or for other lost production or working hours and for exchange losses are completely excluded, this applies to all customer claims, regardless of the legal reasons. The Company assumes no responsibility for external or indirect defects and consequential damages (e.g., damages from operational failures, delays in information transmission, due to viruses or from line or system errors). As far as the contractual liability of the Company is excluded or limited, this also applies to the personal liability of employees, representatives, and agents of the Company. The customer accepts inspections and maintenance work by the Company, which can temporarily impair the availability of some or all products. There may also be temporary transmission delays in forwarding content and services from third parties. The Company strives to keep downtimes as short as possible in the interest of the customer. The customer accepts reasonable impairments. The Company is not liable for system failures of network operators, service providers, etc. The Company does not guarantee that the services are accessible without interruption, that the desired connections can be established at all times, or that stored data remain available under all circumstances. An interruption in the accessibility of the services for the customer does not lead to claims for damages.

22.3. Warranty The Company warrants that the licensed software substantially conforms to the product specification and can be used according to the specifications. Rectification is only possible with the consent of the Company. The Company only undertakes modifications or rectifications to the software based on a special agreement. The customer has no claim to any customer support or upgrade activities by the Company. The Company assumes no responsibility for the profitability of the licensed software and the business based on it. There is no guarantee that profit can be made with the software in the short or long term. It is up to the customer to monitor the individual transactions made using the software and to monitor their compatibility with his risk profile. The customer uses the program at his own financial risk and responsibility. If any defects in the licensed software are detected, these must be reported to the Company in writing or by email within 3 days of downloading the software. The Company is not liable for defects resulting from incorrect handling, normal wear and tear, or external effects (power failure, faulty hardware, etc.). In particular, the Company is not liable for any data loss. It is the customer's risk area to regularly back up his data and perform any backups.

  1. Applicable Law / Jurisdiction These GTC are subject to Swiss law. As far as no mandatory legal provisions prevail, the court at the Company's location is competent. The Company is free to file a lawsuit at the defendant's location. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.

Schönholzerswilen, 18.09.2020