Terms and Conditions

Das Welt Auto GAD24

General Terms and Conditions

of Pixel24 AG for the provision of software development, online presentation (including image processing)

 

Subject and scope of application

  • These General Terms and Conditions (hereinafter “GTC”) together with an individual partner agreement (hereinafter “Partner Agreement”) regulate the conclusion, content and execution of contracts for the provision of software development, online presentation (hereinafter “Services”) by Pixel24 AG (hereinafter “Contractor”) for the benefit of customers (hereinafter “Customer“).
  • If the contract and the GTC contain provisions that differ from each other, the provisions of the contract shall generally take precedence over those of the GTC. However, if the provisions of the contract are unclear or incomplete, the provisions of the GTC shall apply.
  • The GTC shall be deemed accepted by the Client’s acceptance of the offer.
  • The validity of any general terms and conditions of the client is hereby excluded.

 

Conclusion of contract

  • The contractor’s offer is free of charge, unless otherwise agreed.
  • The offer shall be binding for the period specified by the Contractor. If the Contractor does not specify a deadline, the Contractor shall be bound by the offer for 3 months from the date of the offer.
  • The contract between the Contractor and the Client (hereinafter referred to as “Contract”) shall be concluded by written/online confirmation of the offer by the Client.
  • Subscriptions can be concluded by the contractor in the online tools of GAD24.

 

Provision of the services

  • The Contractor shall provide the Services on its own premises with its own equipment.
  • The Contractor shall provide the Services in accordance with the schedule agreed with the Client.
  • The Contractor undertakes to perform the contractual services incumbent upon it with due care, using the latest state of science and technology and with existing know-how and know-how gained during the term of this contract.
  • The Contractor shall regularly inform the Client about the performance of the Services and shall immediately notify the Client of any circumstances that may jeopardize the performance in accordance with the Contract.
  • The Contractor shall use carefully selected and well-qualified employees for the provision of the Services. The Contractor shall have overall responsibility for the provision of the Services.

 

Cooperation obligations of the customer

  • Customer shall provide Contractor with all assistance needed or reasonably required to perform the Services.
  • The Customer shall provide the Contractor with all documents, materials, hardware, data carriers, etc. that are necessary or useful for the performance of the Services, regardless of whether they are specified in detail in the Contract.
  • If the Contractor has to perform its services on the premises of the Customer, the Customer shall provide the Contractor with suitable rooms in good time.
  • The Client shall continuously check the work results and interim results delivered to it in the course of the performance of the contract. The Client shall immediately notify the Contractor in writing of any objections and defects.

 

Remuneration

  • The method of payment for the services is determined by the contract. The Contractor shall invoice the Client on a monthly basis, unless otherwise agreed in the Contract.
  • The Contractor’s remuneration shall be due within 30 days after invoicing by the Client.
  • Credit card payments are determined by the client and charged via online payment services.

 

Secrecy

  • The parties are obliged to treat as confidential all information which they have obtained or will obtain from the other party within the framework of this agreement or cooperation. The obligation to maintain confidentiality already exists at the offer stage and also after termination of the agreement.

 

Delay

  • The client is responsible for the timely payment of the remuneration within the payment deadline. In the event of late payment, the Client shall owe interest on arrears of 5% and a reminder fee of CHF 20.00 from the 2nd reminder. If the Contractor has doubts regarding the contractual compliance with the terms of payment or if the collection of receivables becomes more difficult, the Contractor may also demand an advance payment or security.
  • In the event of a delay in delivery by the Contractor, the Client shall grant the Contractor a reasonable period of grace.

 

Warranty

  • The Contractor guarantees faithful and careful performance of its services.
  • When using employees, the Contractor shall ensure faithful and careful selection (professional and personal suitability) and instruction.
  • The Contractor shall ensure that the server has no malfunctions and failures, as well as sufficient storage capacity. An uptime of at least 95% is guaranteed. To resolve any software problems, the Contractor shall ensure and guarantee timely support to all customers for all software products provided by it.
  • The processed images are available to the customer for download for up to 6 months. After that they will be deleted.

 

Liability

  • If the Client has suffered damage due to unfaithful or careless performance of the services or due to unfaithful or careless selection and instruction when using employees, the Contractor shall be liable to the Client for damages. The liability for personal injury is unlimited. To the extent permitted by law, liability for property damage and financial loss shall be limited to a total of CHF 100,000 per contract. Liability for loss of profit is excluded in any case, to the extent permitted by law.

 

Contract duration and termination

  • The contract is concluded for an indefinite period.
  • Each party has the right to terminate the contract with 90 days’ notice to the end of the quarter. The right to extraordinary termination for important reasons remains reserved.
  • Subscriptions must be cancelled in writing 3 months before expiry.

 

Changes

  • The Contractor reserves the right to adjust its services and the prices of its services at any time to the next possible termination date. The Client shall be notified of the changes in a suitable manner. If a contract remains unterminated despite price adjustment, the Customer shall accept the changes. Price adjustments as a result of changes in tax rates (e.g. increase in value added tax) shall not be deemed price increases and shall not entitle the Customer to terminate the contract.
  • The Contractor reserves the right to amend the GTC at any time. The Contractor shall inform the Client in a suitable manner in advance of any changes to the GTC. If the changes are disadvantageous for the Client, it may terminate the contract prematurely without financial consequences until the change comes into force on this date. If he fails to do so, he accepts the changes.

 

Applicable law

  • The contract is subject to Swiss law.

 

Place of jurisdiction

  • Any disputes arising from this contract shall be subject to the jurisdiction of the courts having jurisdiction at the Contractor’s place of business.