General conditions of A.I.T. by IGC S.A.
By ordering the A.I.T. by IGC S.A. (the “Supplier”), the client (the “Client”) fully submits to these General Conditions (“General Conditions” or “GTC”).
The supplier reserves the right to modify these General Conditions at any time. The modified General Conditions come into force when they are published on the website.
I. Software as a Service (SaaS) contract
The supplier delivers SaaS services via the Internet for its customers in the area of business management software.
The purpose of this contract is: – the provision of supplier software for use via the Internet, and the backup of customer data (data hosting)
II. Provision of software
The supplier provides the customer with the software solution “A.I.T. by IGC S.A. ”, in its latest updated version, for the duration of the contract, via the Internet and for remuneration. To do this, the vendor saves the software on a server accessible to the customer via the Internet.
The vendor continues to improve the software and makes these improvements available to the customer through regular updates and updates. All current functionalities can be found in the description of the services on the supplier’s website (www.A.I.T. by IGC S.A.).
The supplier continuously monitors the proper functioning of the software and eliminates software errors when this is technically possible. It is appropriate to speak of error, in particular, when the software does not fulfill its functions as stated in the description of the services and delivers erroneous results, or does not work in an operational manner in general, so that the The use of the software becomes impossible or markedly reduced.
III. Software usage rights
The supplier grants the customer the non-exclusive and non-transferable right to use the software
“A.I.T. by IGC S.A. ” during the term of the contract, as part of the SaaS services and in accordance with their description.
The customer is not authorized to reproduce or edit the software, if this authorization is not clearly mentioned in the updated description of the services on the website. In particular, it is prohibited from temporarily installing or saving the software on data carriers (hard disks or similar media) of its own hardware (other than RAM).
The customer is not entitled to make this software available to third parties, either for a fee or free of charge. Any form of making the software available to third parties is expressly prohibited for the customer.
The customer agrees to communicate to such third parties the fact that by virtue of its contractual obligations, unpaid use of the software by third parties is excluded.
In addition to the software “A.I.T. by IGC S.A. ”, the customer has the option of ordering various complementary packs (“ add-ons ”) from the supplier. Such add-ons may allow integration with software from third-party vendors. If access rights are required to use such an add-on, the customer, when ordering the add-on, expressly agrees to grant all necessary access rights.
IV. Technical assistance and customer service
The supplier will respond, by telephone or in writing, to the customer’s questions and requests (by e-mail or by telephone), in relation to the software “A.I.T. by IGC S.A. ” and other SaaS services during business hours as published on the website www.A.I.T. by IGC S.A and this, as quickly as possible after receipt of each message.
V. Accessibility deficiency
The adaptations, modifications and additions to the SaaS services forming part of the contract as well as the measures used to diagnose and repair the malfunctions will only lead to a temporary interruption or a temporary accessibility impairment if this is necessary for reasons of technical reasons.
The control of the basic functions of SaaS services takes place on a daily basis. The maintenance of SaaS services normally takes place Monday to Friday, 8 a.m. to 7 p.m. In the event of a severe failure – the use of SaaS services is no longer possible or severely limited -,
Maintenance usually takes place within 2 hours after the customer has informed or notified us. The supplier will notify the customer of the maintenance work in good time and carry it out as quickly as possible.
The availability of the SaaS service alone reaches 99.5% on an annual average.
VI. Customer’s obligations
The customer is required to take precautionary measures to prevent unauthorized third party access to the software. If necessary, the client will inform his employees of the need to respect copyright (copyright). The customer will in particular insist with his employees that they do not make copies of the software and do not transmit access data to third parties.
The customer is personally responsible for entering and processing the data and information necessary for the use of SaaS services – without prejudice to the provider’s obligation to ensure data security.
The customer agrees to test its data and information against viruses and other malicious programs before downloading them, and to install modern and up-to-date antivirus protection programs for this purpose.
When using SaaS services for the first time, the customer must generate a user ID and password himself in order to subsequently use the SaaS services. The customer is required to keep his username and password secret and not to allow third parties to have access to it.
The customer must immediately inform the supplier of any unauthorized use of his
“User ID” and his password or any other breach of security. If necessary, the supplier will modify the “User ID” and password of the customer, in agreement with the latter.
The customer must take all necessary measures to safeguard or improve the security of data, software and network connections, at the discretion of the supplier. The user agrees in particular to regularly change his password, at least once every sixty (60) days.
VII. Remuneration
The customer undertakes to pay the supplier the remuneration agreed upon after his subscription, together with the legal value added tax, for the provision of the software and the data hosting.
The supplier will send the customer an invoice showing the contractual amount charged.
The supplier is authorized to adapt the pricing and the content of the service by written communication to the customer, respectively for the next termination date.The reasons that may lead to a modification of the services are mainly technical progress and development software continuous. If the customer does not wish to continue his contract following a price change, he may exceptionally terminate the contract with a period of 14 days from the time of the change.
VIII. Guarantee / liability
The supplier guarantees the proper functioning and availability of SaaS services, in accordance with the provisions set out in these T & Cs.
The customer agrees to release the supplier from all claims of third parties which are based on the data saved by him, and to reimburse the supplier for all costs that he would incur in the event of possible violation of the laws.
The provider is entitled to block storage space immediately if there are reasonable grounds to believe that the stored data is illegal and / or infringes the rights of third parties. By reason of lawfulness and / or violation of the rights of others, it should in particular be understood, the steps taken by the courts, the authorities and / or various third parties to inform the supplier. The supplier must immediately inform the customer of this restriction and the reason which has led to it. The blockage must be lifted as soon as the suspicions are fully dispelled.
Within the framework of the legal provisions, the supplier declines any responsibility towards the customer (or towards any third party), in particular in the fulfillment of its contractual and extracontractual obligations and for the loss of data and the loss of profit (including for negligence) . This exclusion of liability also applies to damages resulting directly or indirectly from the use of the “A.I.T. by IGC S.A. ”.
In all cases, regardless of the basis of liability, the reciprocal liability of the parties to the contract is limited to the amount of the monthly access fees for the last twelve months preceding the occurrence of the damage.
IX. Duration / termination / problem solving
The contractual relationship starts with the request and registration made by the customer.
The duration of the contract corresponds to the duration agreed between the end customer and A.I.T. by IGC S.A., in other words to the service period invoiced in advance.
Subscriptions are concluded for a period of one or five years. If the customer does not cancel his subscription no later than 30 days before the contractual expiry date, the subscription is then automatically extended for a new year. The invoices are established monthly according to the new connections made on the said Month
Termination procedure: The termination of the contract must be initiated by registered mail with acknowledgment of receipt sent to the attention of A.I.T. by IGC S.A .. Once the termination request has been made, A.I.T. by IGC S.A. sends an email containing a confirmation link to the customer. When the termination is confirmed, the customer’s account is closed after the expiration of the notice period.
The parties are free to invoke the immediate termination of the contract for just cause. The supplier essentially recognizes, as “just cause” that may lead to an immediate termination of this contract, the following circumstances:
if the client goes bankrupt or a request for bankruptcy for lack of assets is brought against him;
if the customer has been ordered to meet his payment obligations by virtue of his contractual obligations and if he is in default of payment of at least one monthly fee and if he is granted an additional period of two weeks and s ‘he is under the threat of termination of the contract, all steps being futile;
if, by using the services that are the subject of the contract, the customer culpably violates the applicable rules of law or infringes the rights of third parties in terms of copyright, intellectual property or name rights;
in the event that the customer uses the services provided for criminal, illegal and ethically questionable purposes.
X. Confidentiality
The supplier undertakes to remain silent on all processes and confidential information that would have been brought to its attention in the context of the preparation, execution and fulfillment of its contractual obligations, in particular commercial or industrial secrets of the client, and not to communicate this information to external third parties without the client’s authorization. This principle applies to all unauthorized third parties, unless the transmission of information is necessary for the correct fulfillment of the supplier’s contractual obligations.
The supplier is authorized to officially cite the customer by way of reference and in a general capacity – except in the event of express written opposition from the latter -, in an adequate manner, with reference to the concluded contract, for purposes marketing and sales.
XI. Data protection
By accepting these General Conditions, the customer also accepts the Privacy Policy (Annex 1) of A.I.T. by IGC S.A. and the Personal Data Processing Contract (Annex 2), each in its currently applicable version. These are available at any time on the home page of A.I.T. by IGC S.A .. The customer declares to have knowledge of both documents.
XII. Intellectual property rights
All intellectual property rights relating to the provision of services, to the software
“A.I.T. by IGC S.A. ”, the website and the documentation relating to the provision of services remain the property of the supplier.
XIII. Communications
All communications must be sent in writing to the addresses given by the customer when registering and by the supplier on its home page, except when a stricter and more imperative mode of communication is provided for in the contract or by law. . Transmissions by fax or e-mail meet the requirements of the written form. Communications from the supplier sent to the e-mail address specified by the customer when registering are valid in all cases as written communication.
Each of the contract partners is required to immediately inform the other partner of any change of address (including e-mail address), failing which communications sent in writing to the last known address will be deemed to have been valid. transmitted.
XIV. Safeguard clause
In the event of total or partial invalidity of certain specific clauses of this agreement, it may be necessary to reinterpret, supplement or replace the obsolete provisions, so that the economic objective sought by means of the said lapsed provision is finally achieved. The same principle applies in the event that regulatory gaps are present in this agreement.
XV. Jurisdiction and choice of applicable law
With regard to all legal relations arising from these contractual relations, the parties agree to apply the law of the Swiss Confederation, to the exclusion of the regulations of private international law (PID) and of the United Nations Unitary Convention on contracts for the international sale of goods (CISG).
For all disputes that may arise in connection with the execution of these contractual relations, the courts of Geneva have exclusive jurisdiction.
A.I.T. by IGC S.A. is an Internet Service of:
INTERNATIONAL GLOBAL COMPAGNIE S.A.
Rue Adrien-Lachenal, 20
1207 Geneva
Swiss