General Terms and Conditions
1. Scope of application
These terms and conditions regulate the relationships between customers (hereinafter: “Customers”) and Mobiletechnics AG (hereinafter: “Mobiletechnics”) and apply to services and products insofar as they are declared applicable and no deviating written regulation is made.
Should any regulation of these terms and conditions be or become ineffective or unenforceable, this shall not affect the validity of the remaining regulations. In this case, the contracting parties commit to come to an agreement that approximates the original regulation.
2. Subject matter of the contract
With access to its messaging gateway, Mobiletechnics offers its customers high quality products and services in the field of business messaging.
The content and scope of the individual services result from the individual contract or the order confirmation, which together with these terms and conditions form the basis of the contractual relationship between the customer and Mobiletechnics.
3. Failure report and notice of defects
The customer will immediately report any defects and disruptions to the services and systems of Mobiletechnics noted by him in a detailed and comprehensible manner in writing or in text form (e.g. e-mail).
4. Customer’s obligation to cooperate
Agreed upon, as well as necessary for the execution of the contract and expedient cooperation and provision services of the customer, including those determined in the contract are to be provided by the customer as essential contractual obligations.
5. Use of data
5.1. Mobiletechnics adheres to the applicable legislation, in particular to data protection law and the Swiss Telecommunications Act (FMG) when handling data. The protection of personal data is important to Mobiletechnics. Mobiletechnics collects, stores and processes only the data that is required for the provision of the services, for the processing and maintenance of the customer relationship, namely the guarantee of high service standards, for the security of operations and infrastructure and for invoicing. For further information on data protection, we refer you to our data protection statement.
5.2 Personal data transmitted by the customer are processed and used by Mobiletechnics exclusively for the customer and according to his instructions (order data processing). Additional technical and organisational measures for the processing and use of this personal data are determined by the customer in coordination with Mobiletechnics.
5.3 Mobiletechnics is entitled to suspend customer access to its systems if there is a risk to the security of data.
6. Faulty services
6.1 Mobiletechnics’ liability for defects is primarily based on the agreements made on the quality of the services. Insofar as a quality has not been agreed, it must be assessed whether there is a defect or not according to the statutory provisions.
6.2 Mobiletechnics will immediately investigate reported defects in its services and, if Mobiletechnics is obliged to remedy the defect, initiate the rectification.
6.3 The customer is only entitled to reduce the remuneration due to defects if he has immediately reported the specific defects, because of which he is reducing, according to Section 3. Even then, a reduction is only permissible in accordance with the restriction of the possibility of use due to the indicated defect.
6.4 Mobiletechnics bears the expenses necessary for the purpose of testing and supplementary performance if there is actually a defect. However, if it turns out that there is no defect and/or that the disruption is a result from the client’s area of responsibility, Mobiletechnics can demand that the client reimburse the costs arising from the unjustified request for rectification of the defect, unless the lack of defect could not be recognized by the customer with reasonable effort.
7.1 For direct damage that can be traced back to the present contractual relationship, Mobiletechnics is liable in total up to the amount of the agreed remuneration for the services provided or up to the amount of the recurring costs of the past 3 months, provided that Mobiletechnics can be proven gross negligence or intent.
7.2. Any further liability of Mobiletechnics and its vicarious agents for a certain technical or economic success, for indirect damage such as lost profit, claims by third parties as well as for consequential damage from production downtime, data loss and liability for slight negligence are expressly excluded, subject to further mandatory statutory liability provisions.
7.3. Mobiletechnics can call in auxiliary persons to fulfill the contract. Liability for auxiliary persons is excluded, especially for slight negligence.
8. Intellectual property law
Unless otherwise expressly regulated in the applicable contract, the software and rights provided to the customer for use, in particular commercial property rights such as trademarks, patents, designs and copyrights as well as other documents and data, remain the property of Mobiletechnics or its licensors. Rights of use granted to the customer may not be transferred further. The customer is not entitled to change or edit the software made available for use. Furthermore, the customer is not entitled to copy the software in whole or in part or to reproduce it in any other way.
9. Contract duration and termination
9.1. The respective contract duration is based on the conditions set out in the user contract. If the contract is not timely terminated, it is automatically extended by the agreed contract period, by which any associated fee is automatically due.
9.2. The contract can be terminated in writing by one of the parties taking into account the agreed notice period at the end of the agreed contract period. Cancellations outside of the cancellation period do not entitle to partial repayments.
10. Other agreements
10.1. After the end of the contract, Mobiletechnics is entitled to keep or destroy all documents and information received from the customer, unless mandatory statutory provisions determine otherwise.
10.2. Any assignment of rights or the transfer of obligations requires the prior written consent of the other contracting party.
10.4. The Swiss substantive law is exclusively applicable to the present regulations, excluding the Vienna Sales Convention.
10.5. The place of jurisdiction at the headquarters of Mobiletechnics in Zurich applies exclusively for any disputes that arise directly or indirectly from this contract.