GTC

1.1
The following GTC apply to all services provided by the company IT Services Grosshereinafter referred to as the Provider, in the area of hardware and software maintenance.

1.2      
Customers who make use of a service of the provider thereby accept these GTC, unless they expressly state that they wish other regulations.

1.3      
Terms and conditions that deviate from these GTC shall be agreed in writing between the provider and the customer concerned.

1.4      
If both parties wish to apply GTC, the agreed points shall apply. If necessary, the deviating points must be negotiated if they are essential parts of the contract. The contract is nevertheless valid with regard to differences in non-essential parts of the contract.

2.1
The provider carries out professional maintenance of hardware systems for customers. The aim is to ensure the most comprehensive and uninterrupted availability, data security, network reliability and stability of IT systems. This also includes measures to prevent the loss of data.

2.2
Hardware maintenance includes the necessary servicing and repair work. The aim of this is to maintain the functionality of the hardware and/or restore it in the event of a defect.

2.3

Complete maintenance variant 1:

The provider supplies accessories and consumables for current hardware according to the offer list. For repairs, the provider shall also provide appropriate repair materials and spare parts. The time required and the spare parts are included in the flat-rate fees.

Variant 2

The provider supplies accessories and consumables for current hardware according to the offer list. The provider shall also provide appropriate repair materials and spare parts. The time required and the spare parts will be charged according to the current cost. A cost estimate will be prepared at the customer's request.

2.4
At the customer's request, the provider can also procure accessories or spare parts for older or special appliances. In this case, the price for the products plus the procurement costs (CHF 100.00 per hour) will be charged

2.5

Variant 1

At the customer's request, a list of the devices to be supported will be drawn up, which is listed in the annex to this contract. Otherwise, the GTC apply to all company-owned hardware devices, such as computers, printers, laptops and cell phones.

Variant 2

The customer reports the current status of their devices every 3 months. The provider adjusts the maintenance fee accordingly.

2.6
On request, the provider can also manage employees' personal devices that are used for their work at the customer's company (BYOD). A list of these is always drawn up and included in the contract.

3.1
The basic offer for the maintenance of the software includes the following services:

• Troubleshooting and corresponding advice
• Installation of security systems such as virus protection, firewall, etc.
• Software management and updates
• Adaptation of the programs to new or modified hardware components and new versions of the system software
• Correction of program errors
• Installation of security components provided by the software provider
• Updating the documentation programs, especially if changes have been made to the software
• Secure backup of the latest program versions
• 6 hours of training for the client's staff

3.2
In addition, the following services are offered at the customer's request:

• Development and installation of extended or improved program versions
• Installation of apps
• Advice on organizational and application issues

3.3
Such additional services are agreed separately and charged at an hourly rate of CHF 100.00

3.4
If maintenance services are provided at the location of the hardware or software, a travel fee will be charged.

3.5
If the repair takes longer than usual, the provider will provide replacement devices free of charge if necessary.

3.6
If the provider provides additional services free of charge, customers have no claim to performance or warranty.

3.7

In the case of an offer that has been confirmed with the customer's signature, the authorization for access is automatically transferred to IT-Services Gross GmbH. IT-Services Gross GmbH therefore has the right to revise or adapt the content and infrastructure in accordance with the offer.

4.1      
Advice via the customer telephone number is available 24 hours a day, 365 days a year.

4.2      
Services in the companies are provided at the following times:

• On working days from 7 a.m. to 10 p.m.
• On weekends from 8 a.m. to 6 p.m.
• On public holidays from 10 a.m. to 4 p.m.

4.3      
At the customer's request, the provider will provide a special on-call service for the times when no service is provided. CHF 200.00 will be charged for this service.

4.4      
The regular maintenance work is carried out periodically at a time agreed with the customer, e.g. always on a certain day of the week at 10 a.m.

5.1      
Customers shall provide the provider with all information required for the contractual services.

5.2      
Customers shall inform the provider immediately of any changes of address and other necessary information.

5.3      
The Provider shall provide each customer with a specific contact person and specific deputies during the service hours in accordance with Section 4.2.

5.4      
Both parties shall provide the other with a report every week (every day) on the latest status of the service work or the hardware and software to be maintained.

5.5      
Customers must notify the contact persons responsible for them of any faults or defects to be rectified as quickly as possible, either by e-mail or by telephone.

5.6      
The provider must notify the customer as soon as possible if certain services cannot be provided for any reason or if there is a foreseeable interruption to operations at its company.

6.1     

Variant 1

The contract is concluded for a specific period and the notice periods are agreed individually with the customer.

Variant 2

The contract is concluded for a fixed period. If it is tacitly or expressly continued after this period, it is converted into a contract of indefinite duration and the notice periods are agreed individually with the customer.

6.2      
Notice of termination shall be given by letter, fax or e-mail with a qualified electronic signature in accordance with Art. 14 para. 2^to OR.

6.3      
If the provider changes its offers and prices, it will inform the customer in good time. The contract shall continue to run under the old conditions and prices until the end of the next notice period. If no notice of termination is given, the contract will continue at the new conditions and prices of the offer that most closely corresponds to the previous one.

6.4      
The contract can be terminated with immediate effect before the end of the fixed contract period:

• Upon commencement of composition or bankruptcy proceedings of a party
• In the event of a breach of material contractual provisions by one party
• In the event of poor performance by the provider due to gross negligence or intent.

If the provider discontinues the service, it undertakes to inform the customer of this as soon as possible. Customers then have the right to terminate the contract immediately.

7.1      
Customers receive a statement of the services used every 3 months. This is sent by e-mail or, on request and for a fee, by post.

Invoices must be paid within 10 days.

7.2      
If the bill is incorrect, the customer concerned should inform the provider immediately. Otherwise, the provider can assume that the bill will be accepted.

7.3      

Unless otherwise agreed, unOur invoices must be paid within 10 days. If the invoice is not paid, a payment reminder will be issued. If the customer does not respond to the payment reminder, IT-Services Gross GmbH has the right to take its services offline until payment has been received from the customer. All further reminders will be sent to the customer for a fee.

1 reminder 15 CHF

2 reminder 15 CHF

3 Reminder CHF 15 and debt collection

7.4      
If the provider discontinues the service for reasons for which it is responsible, it undertakes to refund the prepaid amounts pro rata temporis.

7.5      

Variant 1

Customers may only offset claims of the provider against undisputed or legally established counterclaims.

Variant 2

The offsetting of claims is not permitted for either contracting party.

8.1      
The provider undertakes to ensure state-of-the-art security in systems, programs, etc. that belong to it and over which it has influence. As well as to comply with the current data protection regulations.

8.2      
Both contracting parties shall treat as confidential all information that is neither generally known nor generally accessible, in particular information about know-how and program design. In case of doubt, information shall be treated confidentially. This confidentiality obligation exists even before the contract is concluded and lasts beyond the termination of the contract.

8.3      
Both parties shall oblige employees, consultants or other third parties who gain access to the know-how and/or information of the contractual partner not intended for publication to maintain the same strict confidentiality.

8.4      
The confidentiality obligation is lifted if the provider is legally obliged to grant third parties, in particular government agencies, access to the data.

8.5      
After termination of the contractual relationship, the provider shall delete the customer data within its sphere of influence. Customers are also obliged to delete any data and programs provided to them by the provider that are within their sphere of influence immediately upon termination of the contractual relationship.

8.6      
In the event of a breach of the obligations under clauses 14.1 to 14.3 and 14.9 of this contract, the other party may demand compensation.

9.1      

Variant 1

The provider limits its liability to damages that are attributable to intentional breaches of contract or gross and medium negligence on the part of the provider or its employees. If such damage occurs, the customer should notify the provider immediately of any defects and faults.

Variant 2

The provider is liable for fault, intentional breaches of contract and gross negligence on the part of the company and its employees. In the case of slight and medium negligence, the provider shall only be liable in the event of a breach of a material contractual obligation on the fulfillment of which the customer can rely. In these cases, liability is limited to foreseeable damages typical for the contract.

9.2      
These limitations of liability do not apply in the event of injury to life, limb or health, or in the event of liability under the Product Liability Act.

9.3      
Customers are aware that even with careful software development and maintenance, errors can creep in, so that the provider cannot guarantee that all hoped-for objectives will be achieved in full.

9.4      
The provider is not liable for defects and malfunctions for which it is not responsible, in particular not for security defects and operational failures of third-party companies with which it cooperates or on which it is dependent.

9.5        
The provider is also not liable for hardware or software products from third-party companies that it has sold or otherwise made available to the customer.

11.1    
Swiss law, in particular the provisions of the Swiss Code of Obligations, shall apply to the contract for Swiss and foreign business customers. For consumers, the law of their place of residence or domicile shall apply in accordance with Art. 120 IPRG.

11.2    
The parties shall endeavor to resolve any difficulties arising from the execution of the contract by amicable means.

11.3    
If certain points are not regulated or individual provisions of these terms and conditions are invalid, the contract shall nevertheless remain in force. The unregulated or ineffective points shall be replaced by an agreement that complies with the law and comes as close as possible to the intention of both parties.

11.4    
The place of jurisdiction is the registered office of the provider.