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These Terms and Conditions apply to all business activities, services, and deliveries of products by Elevate Systems AG (“Elevate”), both within Switzerland and internationally.
In the event of conflicts, the following order of precedence shall apply:
More specific provisions take precedence. These Terms and Conditions also apply to future business relationships unless expressly agreed otherwise. Conflicting terms from the customer are hereby expressly excluded, even if referenced by the customer.
These Terms and Conditions apply to:
Details are specified in the respective offer or service description. Unless otherwise agreed, services are provided under a contract for services within the meaning of Art. 394 et seq. of the Swiss Code of Obligations (OR).
Ownership and risk transfer to the customer upon contract conclusion. Transport costs are borne by the customer unless agreed otherwise. Elevate is not liable for supplier-related risks or delivery delays. The service description in the offer is binding.
Elevate delivers third-party software as specified in the offer. Customization or access to source code is excluded unless explicitly agreed. Installation occurs only upon prior agreement. Documentation is provided by the respective manufacturer.
Usage rights are granted by the software manufacturer and subject to their license terms. Elevate does not guarantee the transfer of such rights. Claims must be directed to the manufacturer.
Unless agreed otherwise, services are rendered as a contract for services.
Minimum billing unit: 15 minutes, rounded up. Daily or hourly rates are defined in the offer and valid for up to 12 months. Fixed prices are based on predefined assumptions. Changes entitle both parties to renegotiation or termination. Short-notice rescheduling (less than 3 working days) may incur charges.
Only provided with written agreement. Elevate may engage qualified third parties. Claims in such cases are to be directed to the contractual partner.
Annual flat rates apply unless agreed otherwise. Refunds are excluded.
The client shall ensure Elevate receives timely access to systems, information, and qualified personnel. Simulated attacks require prior written consent. The client is responsible for data backups.
Timeframes are non-binding unless expressly agreed as fixed. Delays due to external factors entitle Elevate to a deadline extension. Claims for damages are excluded. Terminations require a grace period.
Elevate warrants that products are free from defects at the time of delivery. No liability is accepted for wear and tear, improper use, or modifications. Defects must be reported within one year.
Services are performed with due care by qualified personnel. Defects must be reported immediately. Elevate may remedy defects within one year. Further claims are – to the extent legally permissible – excluded.
Elevate disclaims any liability for indirect or consequential damages, except in cases of gross negligence or intent. Statutory exceptions (e.g., personal injury) remain unaffected.
Ownership remains with Elevate until full payment is received. In the event of payment default, Elevate may reclaim the product or register retention of title.
The client agrees not to solicit Elevate employees during the term of the agreement and for 12 months thereafter. Violations are subject to contractual penalties.
Elevate complies with the requirements of the revised Swiss Data Protection Act (revDSG) and the GDPR. The client guarantees lawful transmission of personal data. Elevate may involve qualified third-party providers.
All non-public business and technical information must be treated as confidential. Employees and partners are equally bound by confidentiality obligations.
Invoices are payable within 30 days. Elevate may require advance payments. Offsetting is only permitted with undisputed or legally established counterclaims. Late payments incur interest and claims for damages.
Swiss law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The place of jurisdiction is Zurich.
Disputes should be resolved amicably. If no agreement is reached within 60 days, mediation will be initiated under the rules of the Swiss Chamber of Commercial Mediation. Legal recourse remains reserved.
Wenn Sie einen Vorfall haben und möchten, dass Elevate Systems AG Ihren IT-Vorfall bearbeitet, füllen Sie bitte dieses Kontaktformular aus, damit wir Sie kontaktieren können:
