Terms and Conditions
OFFER AND CONTRACT
These General Terms and Conditions (GTC) govern the relationship between ALPEIN Software SWISS AG, Hofwisenstrasse 12, CH-8260 Stein am Rhein (hereinafter referred to as ALPEIN), and its customers. Deviating agreements must be in writing in order to be valid.
The current offers with the prices are published on the website. If ALPEIN changes its offers and prices, it will inform the customer digitally in good time. The contract continues under the old conditions and prices until the end of the next period of notice. If no notice of termination is given, the contract will continue under the new terms and prices of the offer which most closely corresponds to the previous offer.
The contract is concluded when ALPEIN has confirmed the customer's order in writing or digitally, e.g. by e-mail.
SUBJECT MATTER OF THE CONTRACT
The subject matter of this contract:
A desktop as a service (DaaS).
The DeskSecurium product is a protected remote desktop offering a virtual workplace in Switzerland.
The servers are located in a well guarded data centre, in the middle of the Swiss mountain range, in a former military bunker and thus offer the highest level of physical security. The connection to DeskSecurium can be made via a secure VPN tunnel.
These license, use and operating conditions (contract) apply to all ALPEIN contracts and services of ALPEIN Software SWISS AG, CHE-136.786.077, Hofwisenstrasse 12, CH-8260 Stein am Rhein. This contract also applies to contract extensions, even if it is not expressly agreed again.
CONTRACTUAL OBLIGATIONS OF ALPEIN
ALPEIN provides the customer with a virtual workstation with operating system (Linux or Windows) and, if required, further software components (basic software) according to the supplement. The customer is responsible for all other software components (including virus protection and work products). ALPEIN undertakes to store the electronic data transmitted from the customer's location securely on specially protected servers.
All detailed technical manuals are available at any time at www.securium.swiss.ch/downloads and are part of this contract.
ALPEIN particularly takes all technical and organisational measures required by Swiss data protection legislation (in particular Art. 9 VDSG; SR 235.11), the state of the art and based on relevant international standards (e.g. ISO 27001). ALPEIN backs up the data transferred by the customer in such a way that it can be completely restored at any time.
CONTRACTUAL OBLIGATIONS OF THE CUSTOMER
The customer is solely responsible for the entire software installation (except basic software), as well as the backup and protection of his system (especially backup, viruses and updates).
The basic software is supplied by ALPEIN with fully automatic updates. ALPEIN assumes no responsibility for changes to the update settings by the customer or third party software.
The customer undertakes to pay the service amount before the start of the service period (credit card payment) or thirty (30) days after the invoice has been issued without any deductions or billing options. The customer expressly confirms to waive any objection to ALPEIN.
ALPEIN is not responsible for creating a backup without a written agreement.
A connection to the Internet corresponding to the selected scope of services is the customer's responsibility.
The customer explicitly undertakes to ensure that no illegal, criminal, civil or public law relevant contents are present in his data.
The ssafekeeping of the access data is the customer's responsibility.
COMMENCEMENT, DURATION AND TRANSFER OF THE CONTRACT
The contract comes into force with the electronic agreement to these provisions or their written signature. The contract duration is one year (contract duration) - unless otherwise agreed. After the first contract period, it is tacitly extended for a further year. The period of notice is 3 months. The contractual relationship can be terminated by the customer at any time during the first 30 days (trial month).
After termination of the contract, the data is retained on ALPEINs systems for 30 days. At the end of these 30 days, all customer data will be completely deleted from all ALPEINs systems.
CONTRACT CHANGES (CHANGE MANAGEMENT)
Change management comprises the services for planned adjustments to the existing environment which are not regulated in the existing contract. Changes require an appropriately defined change request.
Each request essentially comprises the following elements:
- Expense list
- Cost information
The implementation of a change request requires explicit release by the customer. Thus, the customer always has complete control over the change management including its possible financial impacts. ALPEIN can also make change requests if required.
ALPEIN expressly guarantees a high level of service availability of at least 99.7% per year (based on 365 days x 24 hours; excluding technology and Internet access at the customer's location. ALPEIN may, at its own discretion, remedy a defect which has rightly been complained about by immediate remedy, circumvention or new delivery.
ALPEIN excludes any liability to the extent legally possible and permissible (also applies to third parties). Since ALPEIN has only very limited access to the customers infrastructure, ALPEIN's monitoring and warning options are severely limited. The responsibility for this lies therefore solely with the customer.
PROPERTY RIGHTS AND COPYRIGHTS
ALPEIN retains full ownership and/or other rights to its own software, systems and services at all times. The customer does not receive any rights in rem (ownership, lien or right of retention) to any components supplied by ALPEIN and waives such rights. The customer is only granted the right to use the software suite.
ALPEIN retains exclusive ownership, copyright, trademark and/or licensing rights to software and hardware components, signs, logos, websites and other documents and data. The customer is not entitled to modify, copy, reverse engineer, disassemble, lease, sell, pledge, or otherwise derive the source code or use the software as a basis for the creation of other software programs, derivative works, or otherwise in a manner that could violate the rights of ALPEIN or third parties.
ALPEIN is entitled to use general ideas, concepts and procedures which have been developed or discovered for the customer alone or together with the customer's personnel within the scope of developing the ALPEIN service for the same or similar projects with third parties.
The data stored by the customer on any hardware or software components of ALPEIN under this contract belong solely and exclusively to the customer. ALPEIN does not acquire any ownership or intellectual property rights to these data at any time. The customer can - even during the term of this contract - demand the immediate surrender of all data at any time (jointly via remote recovery against expense allowance) and, in the event of termination of the contract, demand a written declaration from ALPEIN that no more customer data will be kept by ALPEIN in any form and on any media.
FURTHER TERMS AND CONDITIONS
Brochures, catalogues and digital documents (e.g. general information on the Internet or by e-mail) are not binding unless explicitly agreed otherwise. Information in technical documents is only binding if it has been expressly assured.
All ALPEIN offers are valid for 30 days unless otherwise agreed and are clearly recognizable as such. Prices are exclusive of value-added tax in Swiss francs or a contractually agreed foreign currency. Swiss VAT of 7.7% will be charged to contractors from Switzerland (CHF).
Unused or partially used services will not be refunded. The payment conditions differ depending on.
The customer agrees to the electronic transmission of his data encrypted by ALPEIN via a public network infrastructure (Internet). The customer bears the risk of possible data loss during transport. ALPEIN's responsibility for the data begins with the receipt of the data on its servers and ends with the submission of the data from them.
ALPEIN undertakes to observe the special statutory confidentiality obligations (attorney-client privilege, medical secrecy, professional secrecy, official secrecy) and to ensure compliance with these obligations vis-à-vis all its employees by means of corresponding written confidentiality declarations.
Should any provision of this contract be or become invalid, this shall not affect the remaining provisions. In place of the ineffective provisions, substitute provisions shall apply which correspond to the purpose of the agreement or at least come close to it and which the parties would have agreed to achieve the same economic result if they had known of the ineffectiveness of the provision. The same applies accordingly to the incompleteness of the provisions.
All subsidiary agreements, assurances and changes are only binding for ALPEIN after express written or electronic confirmation.
The legal relationship is subject to Swiss law to the exclusion of any conflict of laws rules. The place of jurisdiction is the ordinary courts in the Canton of Zurich (Switzerland).