General Terms and Conditions Evendigo GmbH
Last updated: November 01, 2024
Our GTC are electronically translated from the German original.
1. General Terms and Conditions (GTC)
The present General Terms and Conditions (GTC) apply to all services and products provided or made available by Evendigo GmbH. The GTC are deemed tacitly accepted in every business relationship. Customers include any natural or legal persons who have entered into a contract with Evendigo GmbH. Other contractual terms such as service descriptions, Service Level Agreements, user guidelines, etc., take precedence over the GTC in the event of contradictions. Deviations from these GTC require a written agreement or must be indicated on the written order confirmation. No rights contained in or arising from this contract may be assigned to third parties. Certain products and services are subject to additional legal agreements, such as a Service Level Agreement (SLA), which must be signed by both the customer and Evendigo GmbH. The current GTC are published on the website www.evendigo.com.
2. Payment Terms and Prices
All agreed and published prices are exclusive of VAT and are in Swiss francs (CHF), unless otherwise stated. Unless otherwise specified, all prices are exclusive of delivery and packaging. All additional expenses, such as training on our products and other services, are not included unless explicitly mentioned on the written order confirmation. The current and binding prices are always published on the website www.evendigo.com, with the written order confirmation taking precedence. Evendigo GmbH may change prices at any time without prior notice. Fees independent of usage, such as basic fees, remain due even if services are suspended. Evendigo GmbH may require security deposits from customers if there is doubt about compliance with payment terms. In general, all invoices must be paid without any deductions within 10 days of the invoicing date or according to the instructions on the invoice. For orders from CHF 5000.00, 50% is due upon order placement, and the remaining balance must be paid within 10 days of partial invoicing or proportionally by the end of the month without deductions. For orders of products not in the assortment or with a high hardware component, Evendigo GmbH may require a higher down payment. Written objections to the invoice can be raised before the due date; otherwise, the invoice is considered accepted. Evendigo GmbH decides on objections and may credit the disputed service amount. Upon expiration of the payment period or due date, the customer is automatically in default without reminder. Evendigo GmbH reserves the right to interrupt the service immediately and terminate the contract without notice after the first reminder. Evendigo GmbH also reserves the right to charge a reminder fee and to charge a fee for suspending, deactivating, and reactivating the service. Monthly charges are invoiced at the end of each month, payable within 10 days without deductions. Recurring charges (e.g., monthly subscriptions) are invoiced quarterly in advance, payable within 10 days without deductions. Annual charges (e.g., annual subscriptions) are invoiced in advance, payable within 10 days without deductions. There is no entitlement to refunds for subscriptions already paid. Withholding payments or offsetting against counterclaims (e.g., warranty claims) is invalid. Defects in delivered items are regulated within the warranty period as specified in the respective terms. Until full payment is made, products and services remain the property of Evendigo GmbH. Evendigo GmbH reserves the right for a subsequent entry in the retention of title register. Fees for domain registrations, SSL certificates, credit card processing, or web hosting are invoiced directly to the customer by the respective processing entity.
3. Contract Start, Duration, and Termination
A contract comes into effect upon order placement or signed written order confirmation, as well as through the customer's use of the service. No specific form is required for order placement. Generally, there is no recourse to order placement. Unless otherwise agreed, the contract duration is indefinite. Subscription contracts can be terminated at the end of the contract year with a three-month notice period, unless otherwise stated on the order confirmation. The minimum contract duration for all types of monthly and annual subscriptions is 12 months. Subscription terminations are only recognized in writing. Terminations by third parties are not accepted. Outstanding amounts are due even after termination.
4. Data Protection
Evendigo GmbH complies with legal requirements concerning the handling of customer data as required by Swiss law. Evendigo GmbH may share customer data with selected third parties in connection with the provision of services, such as security, service improvement, customer service, debt collection, etc. Evendigo GmbH may use customer data for marketing purposes for itself and selected partner companies. The customer has the right to request access to the disclosure of their data at any time.
5. Performance
Evendigo GmbH strives to provide services diligently in accordance with the GTC and other contractual terms. Evendigo GmbH may involve third parties to provide services. Any liability on the part of Evendigo GmbH for these third parties or auxiliary persons is, to the extent legally permissible, excluded. In the event of unexpected system failures or maintenance work, Evendigo GmbH reserves the right to limit service availability without notice or shut down indefinitely. Evendigo GmbH reserves the right to delete unlawful content from servers without notice and cancel subscriptions if, in Evendigo GmbH's view, the customer impairs the service or does not comply with contractual terms. The customer acknowledges that services can only be accessed if the required technical conditions are met. Evendigo GmbH decides at its own discretion whether these conditions are met and may refuse a customer's registration for lack of requirements or without justification.
6. Warranty, Liability, Security
All warranty claims, unless otherwise agreed, are provided at the domicile of Evendigo GmbH. All expenses and costs are borne by the customer. Different agreements will be recorded in the contract. The warranties of the respective manufacturers apply to all hardware and software products. Expenditure from consequential damages is not covered by the warranty, nor are expenses required after the replacement of hardware or software. Rescission or reduction by the customer is excluded. All consumables such as toner, ink cartridges, or blanks, etc., are excluded from warranty services. Damages caused by incorrect handling or gross negligence are not covered by warranty services. Any further liability for direct or indirect damages of any kind is excluded to the extent legally permissible. Evendigo GmbH endeavors to ensure the security of systems but assumes no liability for damages to systems, particularly from viruses, trojans, etc., even if devices were installed by Evendigo GmbH or an explicit order was given. The customer is aware that the internet is not secure and that third parties can gain access to systems. The customer is responsible for protecting systems to the best of their knowledge. Evendigo GmbH disclaims any direct or indirect liability in connection with damages, and any liability by Evendigo GmbH is excluded.
7. Electronic Content
The responsibility for the respective content (e.g., text, sound, graphics, etc.) of the websites and links must not conflict with legal and copyright regulations or violate current morals. Evendigo GmbH disclaims any liability for content created and published on behalf of the customer. Furthermore, no liability is assumed for the content of electronic communications, especially emails.
8. Re-export
Re-export of most products, such as hardware, software, licensing, etc., according to an obligation to the Federal Department of Economic Affairs' import and export section, is prohibited. This obligation transfers to the buyer and must be communicated to the respective buyer upon resale.
9. Confidentiality
Information designated as confidential must not generally be disclosed by either party to third parties unless required otherwise by legal provisions or contracts between Evendigo GmbH and suppliers. Contract and agreement content must be treated as confidential. In cases of unlawful actions, Evendigo GmbH may disclose customer information to third parties or judicial authorities. All corresponding proprietary or intellectual property rights remain with Evendigo GmbH or the licensor.
10. Limitation of Liability and Disclaimer
No liability exists for direct or indirect, immediate or consequential damages resulting from the use or manipulation of products supplied by Evendigo GmbH. In case of functional issues, Evendigo GmbH strives to resolve the problem promptly. If the customer has legal claims, they may resort to contract termination. In such cases, Evendigo GmbH is not liable. Evendigo GmbH assumes no liability for: direct or indirect consequential damages in the event of infrastructure malfunctions, particularly leased line or other supplier malfunctions; lack of or inadequate confidentiality of encrypted data, even if Evendigo GmbH acts as a certification authority or provides other cryptology services; electronic messages that are not transmitted correctly, legally, or at all, or intercepted by third parties; lack of or inadequate hit rates in search engines, even if explicitly commissioned by the customer to Evendigo GmbH; errors in business transactions over the internet (credit card data or other payment information); legal disputes regarding domain name registrations or deletions carried out on the customer's order.
11. Delivery
Delivery dates are based on the order confirmation. Liability is disclaimed for any circumstances beyond Evendigo GmbH's control. Any delivery delays do not entitle the buyer to withdraw from the purchase. The customer waives claims for damages. Delivery and installation costs are regulated by the order confirmation.
12. End Devices
All devices provided to the customer remain the full property of Evendigo GmbH unless otherwise agreed. Device delivery is at the cost, risk, and responsibility of the customer. Evendigo GmbH does not provide installation instructions. Evendigo GmbH assumes no liability for improper installation and handling. Insurance of the device is the customer's responsibility. The customer is liable for loss, damage, or manipulation of the device. In the event of malfunctions or loss, Evendigo GmbH must be notified immediately. Evendigo GmbH will replace or repair the end device as quickly as possible and decide at its discretion on replacement or repair. The customer is not authorized to repair, open, or tamper with the device themselves or through third parties. There is no entitlement to refunds or credits for basic fees due to the failure of an end device. The customer is obligated to exercise due care towards the end device and is responsible for contractual use. The device may not be sold or transferred. Any use of the end device outside of the contract is prohibited. Evendigo GmbH may request the return or deactivation of the end device at any time if contractual conditions are no longer met. Evendigo GmbH reserves the right to charge a fee for deactivation and reactivation of the end device.
13. Customer Obligations
The customer is obligated to use the products and services within the framework of the GTC and applicable Swiss and international laws and regulations and to observe all customary security precautions (see Section 6). Timely payment of services is mandatory (see Section 2). The customer is liable for the use of agreed services by themselves and/or by third parties or unauthorized third parties. All contractual data, especially PIN codes, passwords, and user IDs, must be kept confidential. In the event of a breach of this provision, the customer is liable for all resulting damages. The customer is obligated to inform Evendigo GmbH of their current data, such as name and address information, and to notify any changes promptly in writing or by phone.
14. General Provisions
The GTC are deemed tacitly accepted upon the commencement of business with Evendigo GmbH. The GTC regulate the contractual relationship between Evendigo GmbH and the customer and are an integral part of the business relationship. Evendigo GmbH reserves the right to change these conditions unilaterally. The GTC become legally effective upon publication. Objections must be submitted in writing within seven days; otherwise, the GTC are considered tacitly accepted.
15. Place of Jurisdiction
Swiss substantive law applies to the contractual relationship. The place of jurisdiction for all legal disputes is Lucerne LU. Mandatory places of jurisdiction are reserved.