Legal

General Terms and Conditions

  1. Scope and Applicability
    1. These General Terms and Conditions (GTC) govern the conclusion, content, and execution of contracts for IT services such as consulting and contracting services between WitOps GmbH and the customer.
  2. Execution
    1. The execution of services is carried out using recognized methods and current standards, and in compliance with the instructions contractually provided by the customer.
    2. The contractual partners shall immediately inform each other of all circumstances within their areas that could jeopardize contractual fulfillment.
    3. WitOps GmbH shall provide the customer with the necessary operating manuals in a readable form for the customer.
  3. Customer's Obligations
    1. The customer is obliged to effectively support the fulfillment of the contractually agreed services within the scope of their reasonable technical, personnel, and organizational possibilities and to refrain from anything that could impair the fulfillment of the contract.
    2. The customer shall provide WitOps GmbH with all documents and information required for the contractual obligations. If necessary, the customer agrees to grant WitOps GmbH access to their premises and relevant IT infrastructure.
    3. The customer shall fulfill their cooperation obligations at their own expense.
    4. If the delayed, incorrect, or incomplete fulfillment of the customer's cooperation obligations impairs the provision of services, WitOps GmbH is released from their obligation to perform to the corresponding extent. WitOps GmbH shall inform the customer after such determination and is entitled to charge the additional costs incurred based on actual expenses.
    5. The responsibility for performing and controlling backups lies with the customer, even if WitOps GmbH assisted with the initial backup concept or supplied the backup systems.
    6. WitOps GmbH is not responsible for the continuous monitoring and repair of alarms from any monitoring system. If WitOps GmbH advises on a design as part of failure protection, but the customer does not procure parts of it, WitOps GmbH is not liable for inadequately dimensioned systems.
  4. Inspection and Acceptance
    1. Consulting Services: These are deemed to be provided as soon as WitOps GmbH has carried out the agreed activities. Incomplete orders will be supplemented in consultation with the customer and charged based on the effort involved. In the event of demonstrably careless work, a free correction will be made after a written deadline set by the customer.
    2. Contracting Services: Services are deemed to be provided once the agreed tasks and projects have been completed in accordance with the contractual specifications. The customer shall promptly review the provided services and immediately notify WitOps GmbH of any defects or deficiencies. If defects are found that significantly impair the use of the services, corrections will be made by WitOps GmbH professionals. Formal acceptance is required if expressly agreed in the contract. Otherwise, the service is deemed accepted if the customer uses it without complaint and does not raise objections within 10 working days after the completion of the services.
  5. Payment and Compensation
    1. WitOps GmbH discloses the types and rates of costs in their offer. The applicable rates are agreed in the respective contract.
    2. All prices are exclusive of VAT.
    3. Payments must be made within 30 days from the invoice date without deductions and free of charges and expenses.
    4. Late payments will incur a reminder fee of CHF 20.-- with the first reminder. A second reminder will result in an additional reminder fee of CHF 50.--. A third reminder will incur a reminder fee of CHF 100.--. Following this, debt collection proceedings will be initiated with a fee of CHF 120.--.
  6. Warranty
    1. Material Warranty
      1. WitOps GmbH warrants that it provides its services in compliance with the contract and with the necessary care.
      2. If a defect exists, the customer can request free rectifications. WitOps GmbH will remedy the defect within a reasonable period and bear all resulting costs.
      3. If WitOps GmbH has not carried out the requested defect rectification, not carried it out on time, or not carried it out successfully, the customer can make a deduction corresponding to the reduced value from the compensation. Rescission, substitute performance, or damages are excluded.
      4. The customer is obliged to discuss the extension of the deadline with WitOps GmbH before setting it and to adequately consider their interests. If WitOps GmbH is unable to restore the service to compliance with the contract after the written deadline, the customer is entitled to terminate the respective individual contract extraordinarily.
    2. Exclusion of Warranty
      1. WitOps GmbH is released from its warranty obligations if defects are not attributable to it, particularly in the case of:
        1. unauthorized changes to the agreed deployment and operating conditions by the customer;
        2. operating errors or negligent behavior by the customer;
      2. For third-party services, only the warranty terms agreed between the customer and the third party apply. WitOps GmbH excludes all material and legal warranties.
    3. Duration of Warranty
      1. The duration of the warranty for services to be provided once is three months from successful acceptance.
      2. For ongoing services, the warranty ends with the termination of the respective service.
  7. Liability
    1. WitOps GmbH is liable for personal and property damage caused by WitOps GmbH or the executing employees within the scope of the contractual relationship due to proven fault.
    2. WitOps GmbH is only liable for damages caused by gross negligence or intent. WitOps GmbH is not liable for atypical (force majeure, third-party influences, internet dangers) and unforeseeable consequential damages. Similarly, WitOps GmbH is not liable for damages that the client could have prevented through reasonable measures, particularly program and data backups and sufficient user training.
    3. In any case, liability is limited to the actual damage incurred, proven up to a maximum of 25% of the agreed service fees (excluding hardware and software). For periodic services, the liability limitation is the sum of the last three monthly fees of the respective contract since the occurrence of the damage. Any contractual penalties are included in this liability limitation.
    4. Liability for economic damages, particularly for lost economic profit, is generally excluded.
    5. For third-party products, only the warranty of the hardware or software manufacturer applies.
  8. Termination of the Contractual Relationship
    1. Unless otherwise agreed, the contractual relationship can be terminated in writing with a notice period of 30 days to the end of a month.
    2. In the event of termination, the compensation is calculated based on the actual services provided.
  9. Final Provisions
    1. Swiss law is exclusively applicable, excluding conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods.
    2. The place of performance and jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Zurich (Switzerland) for both parties. However, WitOps GmbH may also bring an action before the court at the customer's location.
    3. These GTC are written in German and translated into English. Only the German version is authoritative for the interpretation of the GTC.

As of: December 2024.