General Terms and Conditions (GTC)
1. Scope of validity
These General Terms and Conditions ("GTC") apply to the business area of STARTUPS.CH PLC Lagerhausstrasse 18, 8400 Winterthur, (hereinafter referred to as the "Company"). The company owns and operates the platform www.startups.ch and provides services free of charge and against payment in connection with the establishment of companies, the drafting of contracts, the implementation of changes in the commercial register and the implementation of courses. In addition, the company offers consulting services and grants licensing rights. In addition, the Company sells products in the above-mentioned areas.
These general terms and conditions apply to the above-mentioned areas as well as to other services which the company provides directly and indirectly to the customer.
2. Conclusion of contract
The conclusion of the contract comes about through the acceptance of the offer of the company regarding the purchase of services, products or licenses by the customer.
The contract is also concluded when the customer makes use of the services offered by the Company or purchases or uses products of the Company (license).
Subject to other offers, all prices are quoted in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes.
The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the website www.startups.ch or according to the separate price list of the company apply. For the customer the prices valid at the time of the conclusion of the contract are valid.
The customer is obliged to pay the invoiced amount within 30 days of the invoice date. Unless he has already paid the amount during the ordering process via credit card, Paypal or other payment systems.
If the invoice is not paid within the aforementioned payment period, the customer will be reminded. If the customer does not pay the invoice within the set reminder period, he is automatically in default. From the time of default, the customer shall owe interest on arrears in the amount of 5%.
The company reserves the right to demand payment in advance at any time without giving reasons.
Offsetting the invoiced amount against any claim the customer may have against the company is not permitted.
The Company has the right to refuse service, product delivery or license in the event of late payment.
5. Obligations of the company
5.1. Service delivery
Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service. The service includes the services which are or were published online at the time of the conclusion of the contract.
A large part of the company's services are provided online. For all other services, the registered office of the company is the place of performance, unless otherwise agreed.
The parties have the express right to call in auxiliary persons to carry out their contractual obligations. They shall ensure that the auxiliary is called in in compliance with all mandatory statutory provisions and any collective labour agreements.
The Company grants the Customer the right to use the documents of the corresponding contract boxes. These rights of use are non-exclusive, non-transferable and limited to use by the Customer. The individual documents serve as templates and may only be used by the customer as templates and for his own purposes. Any disclosure to third parties or any other use, commercial or otherwise, is prohibited.
If the documents are created in a format that restricts the customer's rights of use, this corresponds to the will of the company and a reformatting is not permitted.
6.3. Time limitation
The content is available to the customer for the agreed duration. After expiry of this period, the Customer shall no longer be entitled to the contents of the Contract Boxes.
7. Obligations of the customer
7.1. Exercise of rights of use
The customer is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the recorded data and information.
The customer is obliged to immediately take all precautions necessary for the provision of the service by the company. The customer has to make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of suitable information and documents to the Company.
By accepting these GTC, the customer also confirms that he has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and in accordance with the rights of third parties, good morals and the law.
7.2. Cooperation duties
The customer is obliged to take all precautions necessary for the provision of the service by the company immediately. The customer has to make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of suitable information and documentation for the Company.
Furthermore, the customer is obliged to cooperate comprehensively and promptly. The customer shall provide the company with any and all documents required in connection with the provision of the service unsolicited, completely and correctly. The Company assumes that the information and documents supplied are correct and complete and comply with the statutory obligations to cooperate and provide information. The Company shall only be responsible for checking the correctness and correctness of the Customer's information, documents and figures if this has been agreed in writing in advance.
7.3. Other duties
The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the recorded data and information.
The company is entitled to control the behaviour of the customers in connection with the use of the internet platform. In particular, the Company is entitled to check the legality of content entered by the Customer on the online platform at any time.
Both parties have the right to withdraw from the contract at any time. The withdrawing party shall pay in full the expenses already incurred by the other party. Withdrawal at inopportune times is not permissible. The costs caused by the withdrawal will be charged to the customer. The customer will be informed of the exact amount when the contract is concluded.
An exchange of products is generally excluded.
The Customer receives from the Company the right to use the documents of the Contract Box for the agreed duration. Withdrawal is possible free of charge after completion of the order, but before use. Withdrawal after use is no longer possible and the agreed fee is due for the contractual period.
9. Upgrade / Add-on
An upgrade from a smaller to a larger package is possible at any time. However, a downgrade is excluded. If the customer has chosen a larger package and does not purchase all services, he has no right to a refund.
Add-ons selected for the package cannot be deselected at a later point in time. If the service of an add-on has been provided, it will be fully charged, any refund of unused add-on's will be excluded.
The ownership of the products remains with the company until the purchase price has been paid in full. Until then, the customer may not dispose of the products, in particular not sell, rent or pledge them.
The company makes every effort to ensure that www.startups.ch is readily available and takes reasonable precautions to protect www.startups.ch from interference by third parties.
However, it cannot guarantee the uninterrupted and trouble-free functioning of www.startups.ch and the services offered, nor can it guarantee that the files are virus-free. The company does not guarantee the accuracy, completeness, reliability or quality of the information and documents published or transmitted. Furthermore, it cannot give any warranty for non-spamming, harmful software, spyware, hackers or phishing attacks, etc. which impair the use of the service, damage the infrastructure (e.g. terminal devices, PC) of the customer or otherwise damage him. The Company cannot guarantee the accuracy, completeness, reliability or quality of the information and processes made available, published or transmitted, or the results of the work on the Services. Any problem or defect must be reported to the Company immediately.
The company warrants that the product is free from defects in material and workmanship.
Any defect must be reported to the company immediately. The company is entitled to decide whether the defective product is to be repaired or replaced. Only if replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs for external repairs is excluded. During the time of the repair the customer has no claim to a replacement product. The warranty for the repaired element begins anew, for the remaining elements of the product the original warranty period continues.
The liability for any indirect damages and consequential damages is completely excluded.
Liability for direct damages is limited to the sum of the service, product or license purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is completely excluded.
13. Intellectual property rights
The company is entitled to all rights to the products, services and possible trademarks or is entitled to their use by the owner.
Neither these general terms and conditions nor the associated individual agreements have the transfer of intellectual property rights as their content, unless this is explicitly mentioned.
In addition, any further use, publication and making accessible of information, images, texts or other material received by the customer in connection with these provisions is prohibited, unless explicitly approved by the company.
If the customer uses contents, texts or pictorial material in connection with the company on which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
14. Data protection
The Company may process and use the data collected within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The Customer agrees to the storage and contractual use of his data by the Company in full and is aware that the Company is obliged by order of courts or authorities and is entitled to disclose information from the Customer to these or third parties. If the customer has not expressly prohibited it, the company may use the data for marketing purposes and for advertising purposes to your partners. 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 regulations apply.
These terms and conditions may be changed by the Company at any time.
The new version will come into force by publication on the company's website.
For customers, the version of the GTC which is in force at the time of the conclusion of the contract shall apply in principle. Unless the customer has agreed to a newer version of the GTC.
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these GTC take precedence over these GTC.
17. Severability clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any gaps in the contract.
Both parties, as well as their assistants, undertake to treat confidentially all information submitted or appropriated in connection with the services. This obligation shall remain in force even after termination of the contract.
19. Force majeure
If timely performance by the Company, its suppliers or third parties involved is rendered impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, unrest, civil wars, revolutions and insurrections, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from performance of the obligations concerned for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any remuneration already paid.
Any further claims, in particular claims for damages due to vis major are excluded.
20. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. If no mandatory legal provisions take precedence, the court at the registered office of the company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (UNSCR 0.221.221.1) is explicitly excluded.
This is a translation of the German general terms and conditions of STARTUPS.CH. In the event of contradiction, the German version shall be authoritative.