Version valid from May 1, 2020 until revoked These Terms of Use govern the business relationship between Alpio AG (hereinafter referred to as “Alpio”) and the customer (hereinafter referred to as “Customer”). These provisions are valid for all platforms of Alpio. Deviating GTC of the Customer shall not apply, even if Alpio does not expressly object.
1. Basis Of The Business Relationship
2. Contract Content
3. Contract Duration and Extension
The online services can be used from the conclusion of the contract and are valid for the respective concluded contract period.
The contracts concerning the services of Alpio shall be tacitly renewed upon expiry for the agreed contract period, unless one party terminates the contract one day before the expiry of the contract period. Excluded from this are any trial subscriptions, which are extended for the duration defined at the time of conclusion and at the price communicated in advance.
If the customer is in default with payments or violates these GTC, Alpio is entitled to terminate the contractual relationship immediately.
If the customer is in default of payment or violates these GTC, Alpio is entitled to terminate the contract immediately. If the contract is renewed, the new price list, if any, which will be provided to the customer upon request, shall automatically apply. The prepaid subscription price is guaranteed for the prepaid period and cannot be increased. Subscription price increases will be announced on the respective Alpio websites prior to their effectiveness. Individual notifications will not be made. Accordingly, in case of non-acceptance of the price increase, the contract can be terminated at the previous conditions at the end of the term in compliance with the notice periods. All prices quoted by Alpio or listed in any tariff lists are net prices excluding VAT in Swiss francs.
4. Terms of Use
4.1 Access Data
4.2. Services
The content and scope of the products made available to the user are determined by the respective form of use, any existing contractual relationship and these Terms of Use and the Privacy Policy.
The online services are generally available 7 days during 24 hours. Alpio reserves the right to limit these operating hours and/or temporarily suspend them for technical reasons and to modify the Products at any time. The products are subject to ongoing changes and adjustments. Also, software updates or technical developments may expand the content and scope of the products at any time.
4.3. Due Date, Default and Methods of Payment
The invoices issued by Alpio are due immediately, unless a payment deadline is noted and nothing else has been agreed. If the customer is in default of payment, the legal consequences of default will apply and with the second reminder reminder costs of CHF 20. In addition, Alpio has the right to call in external partners to handle the collection. In addition, the customer shall bear all further costs arising from his default in payment.
Alpio reserves the right to change, add or delete the various means of payment at its own discretion. There is no entitlement to payment with a specific means of payment. The invoice by e-mail can be settled via e-banking. The contract between Alpio and the customer is concluded either with the order by the customer through a sales representative or with the order, the order confirmation and/or the payment confirmation by Alpio.
4.4. Alpio Liability
Alpio endeavors to maintain its own database as well as that of partners. The customer acknowledges that data and information may nevertheless contain errors to a certain extent. Subject to legal requirements or any other written agreement, Alpio and its partners exclude any warranty and guarantee, in particular for completeness, timeliness, accuracy, usability or suitability of the data for a particular purpose.
Alpio shall only be liable for delays and for errors if it can be proven that it acted intentionally or with gross negligence. In particular, it shall not be liable for misconduct and omissions of third parties. Alpio shall only be liable for damages incurred by the customer through the use of the products if gross negligence or intentional conduct can be proven against it. To the extent permitted by law, Alpio’s liability shall in any case be limited to the amount invoiced to the customer for the respective product. In no event shall Alpio be liable for consequential damages or lost profits.
Alpio shall not be liable for defective technology and for damage caused by computer viruses, spyware and/or other harmful computer programs (malware, spyware). There shall also be no liability for the consequences of interruptions in operation caused by malfunctions of any kind or which serve to rectify malfunctions, maintenance and the introduction of new technologies.
The same limitations of liability shall also apply to Alpio’s employees, representatives and vicarious agents.
4.5. Due Diligence and Liability of The Customer
All information, disclosures and reports of Alpio shall be treated as strictly confidential. Use and application of this information is only permitted to the customer and his employees, if any, for their own purposes. The customer undertakes not to make his user account and in particular his access data (password) available to other persons – not even in the same company – to protect them and to keep them safe from access by third parties, to fill in his contact information and other details truthfully during registration and not to misuse or overuse his access.
Der Kunde verpflichtet sich sodann, die gesetzlichen Datenschutzvorschriften sowie die Vorschriften gemäss Datenschutzerklärung von Alpio einzuhalten. Der Kunde ist für jeden Schaden verantwortlich, der aus einer Nichtbeachtung seiner Sorgfaltspflichten oder einem Verstoss gegen Urheberrechte entsteht, und zwar sowohl gegenüber Alpio als auch deren Partnern.
4.6. Copyright and other intangible rights
Alpio reserves all copyrights and other proprietary rights with respect to the products, including layouts, software and their contents. It is prohibited to display Alpio’s websites or their contents in whole or in part by means of technical aids (e.g. “framing”).
Property rights and copyrights to all data and services provided shall remain with Alpio. Rights of use shall only be granted to the customer to the extent that this is absolutely necessary to fulfill the purpose of the contract. In case of doubt, only rights of use and no copyrights or property rights shall be transferred. The customer is not entitled to transfer the data to third parties.
4.7. API
Alpio provides the customer with an interface (API) for communication with third-party software. Unless otherwise agreed in writing, Alpio shall in any case have the right to partially or completely restrict access to this interface at any time for good cause. An important reason shall exist in particular if competitors of Alpio migrate data via the interface to the detriment of Alpio or if the infrastructure is overloaded by requests via this interface. The customer undertakes to delete all data supplied by Alpio within 10 days after termination of the contract and to confirm the deletion to Alpio in writing.