Terms of Service

Terms and Conditions V 2.0, 01.01.2016

General regulations

I. Scope and validity

These General Terms and Conditions (GTC) regulate the conclusion, content and execution of contracts between the customers (hereinafter referred to as "customers") and bkoSoft AG, for the maintenance of hardware and the provision of other IT services.
The terms and conditions are an integral part of all offers and contracts between the customer and bkoSoft AG. Additional agreements, changes or additions to the terms and conditions may only be obtained with written confirmation of effectiveness.

II. Terms of payment

Invoices of bkoSoft AG for services / deliveries from all contractual relationships are to be paid net within 14 days after invoicing without deduction of cash discount.
Non-compliance with the payment date triggers payment without notice and bkoSoft AG is entitled to 8% default interest and compensation for all dunning, collection, legal fees and other damages.

Procurement of hardware and software

III. Conclusion

The offer of bkoSoft AG including offered demonstrations is free of charge. Unless otherwise specified in the offer, bkoSoft AG remains bound to it for 30 days from the date of issue of the offer.
The contract is concluded by signing a separate contract or the written acceptance of the offer.
If additional costs for bkoSoft AG are connected with later changes to the order / contract, the customer shall bear these in accordance with the then valid approaches of bkoSoft AG.

IV. Delivery

Delivery times and dates are generally not binding for bkoSoft AG. A delivery period begins at the earliest with the order confirmation of bkoSoft AG, but never before clarification of all technical details. If no special delivery date is expressly agreed upon, bkoSoft AG usually delivers in consultation with the customer.
Operational disruptions, in particular non-delivery or delayed delivery by contractual partners of bkoSoft AG and events of force majeure entitle bkoSoft AG to the exclusion of claims for damages of the customer to extend the delivery periods and / or cancel the delivery obligation.
The shipping of products by bkoSoft AG is at the expense and risk of the customer. Damage must be reported to the transporter upon receipt of goods.
Complaints concerning the execution and quantity of the delivery must be submitted in writing to bkoSoft AG within 5 days after receipt of goods, otherwise the delivery shall be deemed approved.

V. Terms of payment

Until full payment of the purchase price, products remain the property of bkoSoft AG and may neither be pledged nor assigned as security.
All prices in all offers and contracts between the customer and bkoSoft AG are net, without discount in Swiss currency.
BkoSoft AG provides the delivery at a fixed price. The remuneration covers all services that are necessary for the proper performance of the contract. The compensation covers in particular the installation costs, the costs for a first instruction, the expenses, any license fees, the packaging, transport and unloading costs.
BkoSoft AG is entitled, at its own discretion, to demand advance payment or other securities.

VI. Warranty

The warranty period for the products supplied by bkoSoft AG is based on the manufacturer's defined warranty period. It is a maximum of 6 months from the delivery date. Parts that prove to be defective or unusable as a result of poor material, faulty construction or inadequate performance will be repaired or replaced by bkoSoft AG free of charge. The warranty covers the necessary parts without the working time. Any further claim against bkoSoft AG, in particular compensation or withdrawal from the contract, is excluded. The warranty does not cover damage resulting from disregard of operating regulations and damage as a result of other reasons that are not caused by bkoSoft AG.
A program defect that is subject to a warranty only exists under the following conditions:
− The error must be documented and reproducible and
− the error causes the intended use on the designated computer system and under the use and operating conditions defined in the manual, a deviation in functions and services, which cancel the application for the intended use or significantly reduced.
The customer is obliged to notify bkoSoft AG of any defects occurring during the warranty period. For damages due to late notification of defects, no liability whatsoever shall be borne by bkoSoft AG.
Apart from the above-described warranty, any further warranty obligation is completely waived by bkoSoft AG.

Maintenance and Care

VII. Scope of maintenance and care

The maintenance of hardware refers only to the parts supplied by bkoSoft AG and includes their maintenance (preventive maintenance) to maintain serviceability and repair (repair of faults and faults to restore serviceability) by repair and replacement of defective parts and installation technical improvements.
Maintenance shall not include the repair of defects resulting from incorrect manipulation, external influences, influences from a device not supplied by bkoSoft AG, improper handling or the replacement of wear and / or consumables. Such services are billed in addition to the current tariffs of bkoSoft AG.
The maintenance of software includes the correction of errors, the adaptation and the further development of the programs (new releases by the manufacturer).
Functional extensions of the software do not count as maintenance services for the maintenance of software. Such services are charged in addition to the current rates of bkoSoft AG.
On request, bkoSoft AG participates in the search for the cause of the fault, even if the fault occurs when several systems or components interact. If bkoSoft AG proves that the malfunction was not caused by the hardware or maintained software it has maintained, these services will be billed at the current tariffs of bkoSoft AG.
On request and against separate remuneration, bkoSoft AG also remedies faults which are attributable to circumstances for which the customer or third parties are responsible.

VIII. Standby, Reaction and Troubleshooting Time

During the readiness for maintenance and readiness for service, bkoSoft AG receives fault reports and provides its services for maintenance and care agreed in the maintenance contract and maintenance contract. BkoSoft AG begins with the restoration sorasch as possible, but at the latest within the maintenance contract, respectively. Time agreed in the maintenance contract.
The intervention time is the time between the call of the customer to the troubleshooting registration office of bkoSoft AG and the expert intervention by means of remote maintenance or on site.

IX. Documentation, protocol and report

BkoSoft AG ensures that the relevant documentation is updated as necessary. BkoSoft AG maintains a maintenance and care protocol as far as provided and makes it available to the customer on request. It contains the information that is essential for further operation. If the repair is compensated according to expenditure, the customer receives a report. This name, date and type of use. This report is countersigned by the customer.

X. Remuneration / Terms of Payment

BkoSoft AG provides its services to the agreed maintenance and expense plans or maintenance lump sums in the maintenance contract and maintenance contract.
The remuneration covers all services that are necessary for the proper performance of the contract. Reported expenses and ancillary costs of bkoSoft AG will be charged additionally.
Taxes and duties that are levied on the conclusion or fulfillment of this contract, or their increase, shall be borne by the customer. countersigned.

XI. Warranty

BkoSoft AG guarantees the careful provision of its services. The warranty does not apply insofar as the customer is at fault. If maintenance, care, and maintenance are unsuccessful, the customer can initially only demand a free repair. BkoSoft AG corrects the defect within reasonable time and bears all resulting costs. If bkoSoft AG has failed to carry out the required repair or has not done so successfully, the customer may, after a one-time written warning, have the appropriate measures performed by a qualified third-party company. Half of the costs are borne by BkoSoft AG and the customer. The warranty rights (according to XI.1 to XI.3) become time-barred within one year from the execution of the maintenance or care service. Defects are to be reprimanded immediately after discovery. For maliciously concealed defects, the warranty rights can be asserted for ten years after execution.

XII. Termination of the contract

If the maintenance contract is concluded indefinitely, it may be terminated at any time, subject to existing maintenance obligations under hardware and software procurement contracts. The termination may, subject to agreement on the adjustment of the remuneration, also extend to individual parts of the contract. The notice period for bkoSoft AG is 3 months, for the buyer 3 months. Prepayments will be refunded pro rata temporis.

Final provisions

XIII. Confidentiality

The contractors treat as confidential all facts which are neither obvious nor generally accessible.
In case of doubt, facts must be treated confidentially and there is a mutual obligation to consult.
This duty of confidentiality exists even before the conclusion of the contract and after termination of the contract.
If a contracting party violates the above secrecy obligation, he owes the other a contractual penalty, unless he proves that he is not at fault. In each case, this is an annual compensation at the time of the infringement, but not more than CHF 50,000 per case. The payment of the penalty does not exempt you from the secrecy obligation.

XIV. Liability for damage

BkoSoft AG is liable for the damage caused by it or by a contracted third party from the contractual relationship, if it does not prove that neither they nor commissioned third parties are at fault, with no liability for slight negligence. In any case, liability for any type of indirect damage, such as loss of profit and the like, BkoSoft AG is liable up to the amount of one year's remuneration of the customer, but up to a maximum of CHF 100,000. Excluded from this limitation is the liability for personal injury and property damage. Furthermore, any liability is waived within the scope of the legally permissible.

XV. Assignment, transfer, and pledging

Rights and obligations arising from the contractual relationship and the contract as a whole may not be assigned, transferred, or pledged in whole or in part to third parties without the prior written consent of the contracting party. This consent is not denied without reason.

XVI. Jurisdiction

With your order, you accept these terms and conditions. Jurisdiction is Appenzell, Switzerland.

Appenzell, 01. Januar 2019