Services are considered fulfilled when the services outlined in the offering are made available to the customer for his/her use. Services that have not been explicitly outlined must be stipulated and remunerated separately.
Generally, hardware is delivered directly by the vendor (manufacturer, distributors, etc.). Conditions and warranty terms of respective vendors apply. The Touchway owner acts as an intermediary, partner or representative, and is responsible for evaluation, installation, billing and coordination, once this has been stipulated by the customer. The Touchway owner is not liable for any claims or responsibility regarding hardware or hardware components. Concerns must be directed to the vendor.
All work that is not part of a project or service agreement and is requested by the customer is considered as further work. These will be billed separately according to the current tariff. If there are previous offers for this work, these prices apply.
Deadlines have been honored when delivery and services are available to the customer by the stipulated date, plus or minus 5 business days. In the event of delivery issues arising due to external factors (chain of delivery, transportation, infrastructure, illness, etc.), an act of God or from the customer's side, follow up appointments or deadlines are automatically postponed.
Any complaints regarding deliveries and services must be made in writing within 10 days; otherwise the deliveries and services in question are to be considered executed satisfactorily.
For time-dependent services such as hosting, services, opreration, rent, subscriptions, SLA, SaaS and ASP the following modalities apply, unless otherwise defined in the offering or tariff: Minimum duration/period: 12 months; Renewal: automatically for next period; Notice: 1 month before next renewal.
For deliveries and services the following payment terms apply, unless otherwise defined in the offering or tariff: Hardware and software: 100% at order; Project work: 100% at delivery; Maintenance work: 100% half-yearly according to log; Time-dependent services: 100% yearly at order/renewal; Payment period: 10 days.
The prices specified in the offering apply. Offers are valid for 3 months. If there is no valid offer, the current tariff applies.
Exclusion of Liability
Use Touchway solutions at your own risk. Neither the Touchway owner nor other software manufacturers are liable for material or immaterial damages that occur in correlation with the use of Touchway solutions. Potential claims from the customer or from a third party cannot be validated.
The Touchway owner may be able to access personal or sensitive information of individuals and companies through the mainenance of operating platforms on behalf of its customers. The Touchway owner will not analyze, reproduce, use or distribute this data without the consent of the customer and will not pass it on to third parties. The Touchway owner will process data only under consideration of the legal basis. At the request of the customer, the Touchway owner will delete all data on the operative Touchway platforms.
Responsible for the collection and usage of personal data to the persons concerned and enterprises and to authorities is in each case the customer, which uses Touchway solutions, not however the Touchway owner. This also applies to all obligations and measures resulting from the European General Data Protection Regulation (GDPR). The above provisions also apply to data which is transferred to third-party systems on behalf of the customer.
The respective data is stored on IT systems, which also includes external computing and storage capacities. The systems used by Touchway are located in Switzerland and are protected in the usual way by suitable technical and constructional measures as well as by access systems.
Regulations governing the processing of personal data collected by Touchway can be found in the Legal disclaimer.
The Touchway owner has the exclusive rights to use the Touchway wordmark, the Touchway logo and all Touchway visuals, texts, videos, communication materials and documents - as a whole called "Touchway brand material". Touchway brand material may only be used with express permission and in compliance with the specifications of the Touchway owner. Any modification, adaptation or interpretation as well as any misuse or unauthorized use of the Touchway brand material is prohibited and will be prosecuted.
The term «customer» includes sales partners, suppliers, publishers, agencies, end users and customer representatives.
The Touchway owner reserves the right to adjust these general terms and conditions anytime. In each case, the terms and conditions that were published at the time of the ordering or renewal on the website www.touchway.com apply.
These general terms and conditions are subject to Swiss law. Place of jurisdiction: Meilen, Zurich, Switzerland.
May 1st, 2018, Meilen, Zurich, Switzerland