1.1. These General Terms and Conditions (GTC) govern the contractual relationships between the Customer and macwin Sàrl (hereinafter referred to as macwin) and form an integral part of all contractual relationships between macwin and the Customer.
1.2. Any other general terms and conditions referred to by the Customer, namely in any orders placed with macwin, are only valid and applicable if macwin has previously expressly agreed so in writing.
1.3. These GTC supersede and replace all previous GTC between the parties.
1.4. Macwin reserves the right to change these GTC at any time and without prior notice by publication on the Web site www.macwin.ch. Such changes will take effect immediately after publication.
2. SERVICES OF MACWIN
2.1. Macwin provides its Customers with services and products in the field of computers, Internet, secretariat, harmonization of locations and the sale of medical and therapeutic devices. macwin provides its services professionally, on time and according to the conditions and specifications as agreed.
2.2. Macwin reserves the right to call upon third parties to fulfill its contractual obligations.
2.3.1. The preparation and handing-over of merchandise occurs at macwin’s principal place of business in Icogne. Profit and risk of the merchandise passes to the Costumer with the conclusion of the contract. Property is transferred to the Customer only once the sale’s price has been paid in full.
2.3.2. The sale’s prices indicated are inclusive of all taxes, but excluding delivery costs (transport and packaging). Delivery and installation at home is invoiced separately according to the applicable current rates.
2.4.1. Subscribers include all legal entities or natural persons that use Internet services under a service contract concluded with macwin.
2.4.2. macwin assists the subscriber in order to ensure undisturbed use of the Internet services. If the assistance requires an unusual amount of effort or results from faulty operation by the Customer or dysfunctional Customer installations, charges will apply for the assistance according to the applicable current rates.
2.5. Backup of secure and encrypted data
2.5.1. Macwin allows customers to securely and securely back up their data (256 bit AES) in Switzerland via the Internet.
2.5.2. Macwin has a backup server (Mac or Windows) to manage backups of all devices on the network.
2.5.3. Macwin can remotely monitor the operation of backup devices at any time.
2.5.4. Data restorations and maintenance work are done by Macwin and billed according to the tariff in force.
2.5.5. The customer is informed and agrees that the servers used by Macwin for the storage of its data may belong to a third party (service provider) and may be located outside of Macwin’s premises. Third-party storage premises are located in Switzerland.
2.5.6. Billing is done according to the volume of data in increments of 1 TB.
3. CUSTOMER’S OBLIGATIONS
3.1. The Customer must pay all amounts due under the individual contracts as well as in these GTC’s on time as specified in paragraph 9.1.
3.2. The Customer is obligated, as far as reasonable, to assist macwin actively and rapidly in its performance of the contract; in addition, the Customer must take all necessary measures in respect to preparation and remittance.
3.3. The Customer undertakes to give clear and pertinent instructions and, if asked to do so by macwin, in writing. macwin is not obligated to follow the Customers instructions when inappropriate. If these instructions generate additional work or costs for macwin, they will be charged according to the applicable current rates.
3.4.1. Complaints about incomplete deliveries must be made in writing within 5 days of receipt of the delivery.
3.4.2. Under no circumstances will macwin accept returns for software or operating systems if the original packaging has been opened. The Customers must carefully inspect the operating system, product version and language prior to opening the packaging.
3.4.3. All orders to macwin are final and cannot be cancelled by the Customer.
3.5.1. The subscriber must immediately inform macwin about any errors, malfunctions and inability to use the Internet services and installations.
3.5.2. The subscriber undertakes to comply with all cantonal and federal laws, in particular applicable data protection, telecommunication and copyright laws.
3.5.3. The subscriber guarantees that the Internet services of macwin will not be used for pornographic purposes.
3.6. Data backup
3.6.1. Customer agrees to verify that backup devices in its own premises are always in use.
4. INFORMATION OBLIGATION
4.1. The parties inform each other of all developments, incidents or events that may be important for the other party with respect to the performance of the specific contract or in the context of the general contractual relationship.
4.2. In particular, the subscriber must inform macwin if he notices that the services of macwin are being used in an illegal manner, in violation of contractual provisions, in particular the GTC, by his co-workers or third parties introduced by him, as well as by unauthorized third parties (for example “hackers”).
5.1. Information that is not accessible to the public and that has not yet been published must be handled confidentially. In particular, macwin undertakes to not provide third parties with any information whatsoever regarding the services of Customers, unless macwin has been expressly authorized to do so.
5.2. The subscriber authorizes macwin to transfer information concerning the Internet services and the names of contact persons etc. to third parties, to the extent necessary in order to properly fulfil or coordinate the contractual obligations of macwin.
6. PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF USE
6.1. No property rights will be transferred, unless expressly agreed otherwise in writing. In particular, the software and equipment, provided by macwin for the use of its services remain the exclusive property of macwin.
6.2. Any intellectual property rights concerning the services and products supplied by macwin remain the property of macwin or the respective owners (unless otherwise expressly agreed in writing).
6.3. macwin grants the Customer the non-transferable and non-exclusive right to use the services of macwin defined in the specific contracts. The content and degree of this right are governed by the specific contracts.
7.1. macwin warrants the careful execution of the contractually agreed services. However, macwin cannot guarantee faultless services. Announced interruptions of its services, in particular if due to maintenance work by our Internet provider or macwin, will not be considered as disruptions.
7.2. Duration and guarantee conditions are governed and specified by the specific contracts and their enclosures.
7.3. The Customer undertakes to control that the macwin services are free from any defects immediately after delivery. All defects must be notified to macwin without delay in writing. All defective products covered by the manufacturer’s warranty shall be replaced by the latter. The Customer must exercise his guarantee rights directly against the manufacturer. If the Customer asks macwin to exercise this right on his behalf, macwin is authorized to charge its costs according to the applicable current rates. Any costs of reinstallation and reconfiguration shall be charged separately according to the applicable current rates.
7.4. The warranty is excluded for any defects caused by the Costumer, third parties or exterior influences.
8.1. macwin assumes limited liability for all direct damages caused to the Customer through its fault up to a maximum amount equal to the contract value.
8.2. Macwin does not answer for any subsequent damage or lost profit. Macwin also does not respond to any data loss related to the use of storage services. Any third party guarantees (service provider) are reserved.
8.3. The Customer is liable for all damages caused to macwin or to third parties by use of macwin’s services. The Customer shall hold macwin harmless from all claims (including legal fees) by third parties that may arise, in particular through breach of paragraphs 3.5 or 6.4.
9. CONDITIONS OF PAYMENT
9.1. Macwin’s invoices are due for payment within 10 days of invoicing.
9.2. Macwin’s hourly rate is CHF 150.- (plus VAT). Remote maintenance is charged per quarter hour. Travelling expenses are charged CHF 1.- (plus VAT) per kilometer (travelling time is not charged). Prices may be modified at any time and without prior notice, unless otherwise expressly agreed in writing.
9.3.1. The Internet services are billed according to the current price list. macwin may adapt these prices (in particular in case of a modification to the price of its access to the worldwide Internet network or in case of a particularly intense use of resources by the subscriber) and communicate them to the subscriber in writing. The adapted price shall only apply the following year. The Customer may terminate his contract according paragraph 10.2.3.
9.3.2. The fees are charged to the subscribers annually. They are payable net and in advance. Any costs arising from payments by post offices or banks charged to macwin shall be billed to the Subscriber in the following invoice.
9.4. Complaints must to be made within 5 days of receipt of the invoice.
9.5. In the event of delay in the payment of an invoice, macwin is entitled to request from the 1st reminder interest on arrears of 5% p.a.
9.6. The Customer shall be charged CHF 20.- for every reminder.
9.7. The Customer shall be charged CHF 100.- for any money claim in addition to the effective debt collection costs.
9.8. In case of non-payment after the third reminder, macwin is entitled to reclaim the merchandise and to block or terminate the Internet services as well as to terminate the contract with immediate effect.
10. BEGINNING, DURATION AND TERMINATION OF THE CONTRACT
10.1. The contract enters into force upon the signature by the Customer of macwin’s offer.
10.2.1. Macwin determines the date on which the subscriber is entitled to use the Internet services.
10.2.2. Unless otherwise provided in writing, the service contract is concluded for unlimited duration.
10.2.3. Each party may terminate the service contract by registered letter by giving 3 months notice for the end of a year. If macwin’s Internet provider terminates its concession for operating an Internet connection, the Customer’s contract will be automatically terminated on the same date. macwin shall inform the Customer in due time.
10.2.4. If a Web site hosting Customer changes providers, the hosting at macwin will be automatically terminated. macwin will not refund any balance of the price already paid for the hosting.
10.2.5. If a Web site hosting Customer requests particular services (migration, data recovery), he is obligated to inform macwin in writing before the contract expires. These services will be invoiced according to the applicable current rates. After the expiration of the contract, all data, including the e-mails, are deleted from macwin’s server and for this reason cannot be recovered.
10.3. Macwin reserves the right to terminate the contract for valid reasons at any time with immediate effect (without reimbursement), in particular in case of violation of paragraph 3.5.3 and in case of non-payment after the third reminder. In such case, all data will be deleted from macwin’s servers and cannot be recovered.
11. FINAL PROVISIONS
11.1. In the event of any differences or contradictions between the different versions (French, German and English), the French version alone shall prevail.
11.2. In case of dispute, macwin reserves the right to correspond in French.
11.3. The present contract is subject to the laws of Switzerland. The place of jurisdiction is Sierre. Notwithstanding the forgoing, macwin reserves the right to take legal action against the Customer at the Customer’s registered office or domicile.
Icogne, April 24th 2018