General Terms and Conditions of Sohn Digital Services
1. Area of jurisdiction
These General Terms and Conditions ("GTC") apply to the entire business of Christian Son Digital Services (hereinafter "Company"). The company operates a comparison platform for business software and IT consulting companies, which provides the best possible combination of excellent business software and the associated, first-class IT consulting firms. The digitized process increases the transparency and simplifies the order process. The company offers consulting companies a premium subscription, which the affiliates can use for marketing purposes.
2. Contract conclusion
The conclusion of the contract is due to the acceptance of the offer by the company regarding the purchase of services by the customer. The contract is concluded in any case when the customer makes use of the services offered by the company.
Unless otherwise agreed, all prices are in Euro (EUR). The conversion rates are determined by the respective credit card provider. All prices are exclusive of value added tax (VAT). The prices are exclusive of other applicable taxes. The company reserves the right to change prices at any time. The prices valid at the time of conclusion of the contract apply.
4. Payment (incl. 8% VAT)
The company offers the customer the following payment options: Credit card (advance payment).
If the invoice is not settled by advance payment, the customer automatically falls into arrears at the time of the use of the service. From the time of default, the customer shall be liable for default interest of 5% (five percent). The invoiced amount with a possible demand of the customer against the company is not permissible. The company is entitled to refuse delivery or service in case of default of payment.
5. Obligations of the company
5.1. Service provision
Subject to a different agreement, the company fulfills its obligation by providing the agreed service. If no further provisions are agreed, the place of performance shall be the registered office of the company.
The parties shall have the express right to assist assistants in the performance of their contractual obligations. You must ensure that the assistance of the helper is complied with, subject to all compulsory statutory provisions and any collective agreements.
6. Obligations of the customer
The customer is obligated to carry out immediately all the necessary measures for the provision of the service by the company. The customer has to make the necessary arrangements at the agreed place at the agreed time and at the agreed rate. Depending on the circumstances, this includes the provision of suitable information and documents for the company.
The company is a provider of an online platform. The customer also confirms by accepting the present GTC that he has unlimited capacity to act and is of age. The customer expressly declares with the registration that all information provided corresponds to the truth. The customer is completely responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the uploaded data. It shall in particular guarantee the legality, correctness and timeliness of such data. Any upload / Publishing of protected, illegal or offensive materials including plagiarism is strictly prohibited and the company is not responsible for any liability. The customer may only offer those products on the Internet platform of the company, over which he is authorized and which must be free from any legal claims of third parties. Furthermore, the customer may only offer services for which he is entitled and who has the necessary knowledge and abilities. The customer may not make false, misleading or unfair statements about the products or services. It shall provide full information on any defects and details of payment and delivery. There is no claim to advertise on the platform operated by the company. The company is free to refuse a customer without special information and to refuse his published offer resp. To delete the account or not to publish the published offer. Any amounts already paid will not be reimbursed to the customer. The company is entitled to control the behaviour of the customer in connection with the use of the internet platform. The company is, in particular, entitled to check the legality of advertisements published by the customer on the online platform at all times. The customer is liable to the company, its organs, employees and assistants for all damages caused in connection with the use of the Internet platform, regardless of a fault. He has to release them from third-party claims and to pay the costs incurred.
Both parties shall be entitled to withdraw from the contract at any time. The expenses already incurred are to be paid to the other party in full. If a rescission occurs at any time, any claims for damages shall be reserved.
The company guarantees to carry out the agreed services in the usual quality of the branch.
Liability for any indirect damage or damage caused by a defect is excluded in its entirety. The liability for direct damages is limited to the selling price of the service. This limitation of liability does not apply to direct damage caused by gross negligence or intention. The customer is obliged to report any damages to the company immediately. Any liability for auxiliary persons is excluded in full.
10. Intellectual Property Rights
All rights to the products, services and possible brands belong to the company or they are entitled to use them by the owner. Neither these General Terms and Conditions nor any individual agreements have the object of transferring any intellectual property rights, unless explicitly mentioned. Furthermore, any further use, publication and access to information, pictures, texts or any other information which the customer receives in connection with these provisions is prohibited, unless explicitly approved by the company. If, in connection with the company, the customer uses content, texts or pictorial material to which third parties have a protective right, the customer must ensure that no third-party proprietary rights are infringed.
The Company may process and use the data included in the contract to fulfil the obligations arising from the contract. The company takes the measures required to secure the data according to the legal regulations. Customer agrees to fully agree with the storage and utilization of their data stated in the agreement by the company and is aware that the company is obliged and entitled to arrangement by courts or authorities to provide information by the customer or a third party this known. If the customer has not specifically prohibited, the company may use the data for marketing purposes. The data necessary for the performance of the service can also be passed on to authorized service partners or other third parties. Further information can be found in the data protection declaration published on the company's website.
These Terms and Conditions may be amended by the Company at any time. The new version will enter into force 30 (thirty) days after the company is posted on the website. For customers, the version of the General Terms and Conditions which is in force at the time of conclusion of the contract applies. The customer then agreed to a newer version of the terms and conditions.
These General Terms and Conditions apply to all older regulations and contracts. Only provisions from individual contracts which still specify the provisions of these General Terms and Conditions shall be subject to these General Terms and Conditions.
14. Severability clause
Should any provision of this Agreement or a Supplement to this Agreement be or become invalid, this shall not affect the validity of the Agreement. The Contracting Parties shall replace the invalid provision with an effective provision that is as close as possible to the intended economic purpose of the invalid provision. This also applies to any contractual gaps.
Both parties, as well as their assistants, undertake to keep confidential all information which has been submitted or appropriated in connection with the services. This obligation shall continue to exist even after the termination of the contract.
16. Force majeure
If the timely fulfilment by the company, its suppliers or third parties, due to force majeure such as natural catastrophes, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes. The company shall be exempted from the fulfilment of the duties concerned during the period of force majeure as well as a reasonable start-up time after the end of the period. If the force majeure lasts longer than 30 (thirty) days, the company can withdraw from the contract. The company has to reimburse the customer already remunerated remuneration in full. Any further claims, in particular claims for damages due to vis major, are excluded.
17. Applicable law / Jurisdiction
These terms and conditions are subject to Swiss law. If no compulsory statutory provisions take place, the court at the domicile of the company is responsible. The company is free to raise a complaint at the registered office of the defendant. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.