General Terms and Conditions
1. Subject matter of the contract
Participants in Trenka Informatik AG services are legal entities or natural persons who obtain services from Trenka Informatik AG under a service contract.
Integrated components of the service contract are: These General Terms and Conditions of Service The current offer and price lists for Trenka Informatik AG services and any other written agreements.
If the participant also uses services of third parties by means of Trenka Informatik AG services, the participant is responsible for compliance with the terms of use of these third-party services and may be held directly liable in the event of damage.
In particular, the participant is obliged to settle directly with the third parties for the use of their services. The participant further undertakes to comply with the cantonal and federal legal provisions of data protection, telecommunications and copyright law applicable to the exchange of data and information brought about by him.
2. Commencement, duration and termination of the service contract
The service contract with the participant comes into effect as soon as both parties have agreed to the contract. Concluded for an indefinite period of time, the contract shall initially run for the minimum contract period booked by the Participant, after which the contract shall be extended in each case by a further extension period of the same duration.
Either contracting party may terminate the service contract by giving 30 working days' notice to the end of the specified minimum contract period or subsequently to the end of a renewal period, subject to any written agreements to the contrary. The termination must be made in writing.
By mutual agreement, the contract may also be terminated within other periods or on another date. For important reasons, Trenka Informatik AG may terminate the service contract at any time with immediate effect.
3. Obligations of the company Trenka Informatik AG
Trenka Informatik AG shall provide the agreed services within the scope of the financial and human resources available to it in accordance with the current state of the technology.
Trenka Informatik AG cannot guarantee the uninterrupted and correct provision of the services.
In the event of disruptions in the provision and use of services, the participant shall only have the right to withdraw from this contract, provided that he/she has immediately informed Trenka Informatik AG of the disruption in writing and has twice set a reasonable deadline for rectification.
Announced interruptions of the services, in particular as a result of maintenance work, shall not be considered disruptions.
Trenka Informatik AG shall support the participant in establishing a stable condition for the use of the services within the framework of the specified service contract. If, in order to do so, Trenka Informatik AG is required to make an effort in excess of the usual extent, or if the effort made by Trenka Informatik AG is due to a malfunction of parts of the participant's system or to the participant's improper operation, Trenka Informatik AG shall invoice the participant for its additional or total effort at the current rates of Trenka Informatik AG.
4. Obligations of the participant
The participant undertakes to inform Trenka Informatik AG immediately of any defects, malfunctions or non-availability of services of which he becomes aware, and in particular of any use of the services by him, his employees or third parties engaged by him in breach of the law or the contract, or by unauthorized third parties (e.g. hackers).
The participant hereby agrees that Trenka Informatik AG may pass on information about him or his employees or third parties called in by him to third parties, insofar as this is necessary for the provision of the services and their coordination by Trenka Informatik AG.
5. Fees
The fees for the services provided to the participant by Trenka Informatik AG are based on the current price lists of Trenka Informatik AG.
Trenka Informatik AG may adjust the fees at any time subject to a notice period of 3 months.
The fees shall be invoiced to the participant on a monthly, quarterly, semi-annual or annual basis. The fees are to be paid net in 10 days in each case. The participant must use the bank details stated on the invoice for payment. Any bank and postal charges incurred by Trenka Informatik AG as a result of the payment will be invoiced to the participant with the next fee invoice.
6 Liability
Trenka Informatik AG excludes all liability for direct and indirect or consequential damage as well as for the auxiliary persons employed by it for the performance of the contract.
It is the responsibility of the participant to protect the computer systems and devices in his possession, which are accessible to Trenka Informatik AG services, including program data, from unauthorized access and manipulation.
The participant may be held responsible or liable for any damage incurred by Trenka Informatik AG or third parties as a result of his use of Trenka Informatik AG services. In the event of unauthorized use by the participant, his employees or third parties engaged by him, Trenka Informatik AG may also immediately interrupt the service without notice.
7. Final provisions
These General Terms and Conditions of Service, as well as the documents mentioned in section 1, paragraph 2 above, in conjunction with the service contract, conclusively regulate the rights and obligations between Trenka Informatik AG and the participant.
In the event of contradictions between different language versions of the individual contractual documents, only the German language version shall be authoritative.
The participant assumes full responsibility for the content of the advertisements vis-à-vis the authorities and database users. In this regard, the participant is responsible for compliance with the relevant legal provisions and the guidelines of the Commission for Fairness in Advertising.
Should any provision of the contract concluded with the participant become void or legally ineffective, the remaining provisions shall continue to apply.
The place of jurisdiction is the city of Zurich. Trenka Informatik AG is entitled to take legal action against the participant at his registered office or domicile.
This contract and its integral parts are subject to the Swiss Code of Obligations.