Terms and conditions of Interflexio AG
§ 1 Coverage
1. The following terms and conditions are valid for all services covered by the contract
including subsequent and complementary orders
as well as consulting services.
2. Contrary terms and conditions declared by the customer are hereby
denied.
§ 2 Written form
1. Additional agreements, changes and amendments to this contract require the written form to be valid. This is valid especially for this written form requirement. There are no ancillary verbal agreements.
§ 3 Scope and fulfillment of the contract
1. The contract is to accomplish the contractually agreed service, not a specific achievement or rather a specific result. Subsequent amendments and additions requested by the client constitute an amendment or extension of the order for which the client will be charged separately.
2. To the extend nothing else was expressly agreed in writing at the time the order was placed, the client accepts the procedures and methods used by Interflexio AG to render the contractual performance as the appropriate procedures and methods with respect to the other.
3. Interflexio AG executes the mediation and selects the matching contract-partner. The client has the right to select other partners, but only with definition of reasons.
§ 4 Cleaning equipment and other material required by the task
The client provides all required material free of charge. The client is responsible for the availability of the required equipment. The client is committed to support the fulfillment of the contract wherever possible. Interflexio AG is not liable should there be a damage caused due to wrong working equipment.
§ 5 Passing on or usage of professional statements
1. The passing on of professional statements (reports, comments, et cetera) of an employee or a representative of Interflexio AG by the client to third parties requires the written authorization by Interflexio AG, unless there is already consent to pass onto certain third parties in the content of the contract.
2. The usage of professional statements of employees or representatives of Interflexio AG for advertising purposes is not permitted.
§ 6 Protection of intellectual property
1. The client can use statements, reports, drawings, calculation et cetera created in the context of the contract with Interflexio AG only for internal purposes. The usage for different purposes without the written consent by Interflexio AG is not permitted.
2. Obvious errors like misspellings, calculation errors or formal faults contained in a professional statement (report, comment, et cetera) of Interflexio AG, can be corrected anytime even with the respect to third parties. In the aforementioned cases the client will get informed by Interflexio AG beforehand.
§ 7 Duty of secrecy towards third parties, data protection
1. Interflexio AG undertakes to conduct according to the laws, to be bound to secrecy toward all facts, which get known within the scope of the cooperation with the client as long as they don't hurt or endanger the general public, unless the client release it from the secrecy duty.
2. Interflexio AG forwards reports, written statements, et cetera about the results of an activity only with the client's written consent to third parties.
§ 8 Liability
Interflexio AG uses a corporate liability insurance, which covers subsequent damage (damage to persons and objects up to CHF 5 million). For other damages outside the scope of the corporate liability insurance the liability for Interflexio AG is limited to an amount of CHF 500.-. Also to damages of any kind for which the insurance company might deny liability.
§ 9 Cancellation
1. Interflexio AG is entitled, to cancel the contract immediately effective, when an important reason occurs.
2. In case the client can't comply with the payments and the proposed extension time by Interflexio AG proves ineffective, Interflexio AG has the right to cancel all still active contracts with the client effective immediately, unless the client provides some security which covers the remuneration claim of Interflexio AG .
3. If the client does not follow his obligations according to §5, Interflexio AG has the right to cancel the contract after an extension time of 10 days. In this case Interflexio AG has the right to claim the complete remuneration minus some possible saving which occurs from the cancellation of the contract. The same applies if Interflexio AG cancels the contract due to a substantial reason, caused by the client. Possible compensation claims by Interflexio AG are hereby untouched.
4. In case Interflexio AG cancels the contract due to a substantial reason, which is not caused by the client, it has the right to claim payment for the already provided service so far, unless the so far provided services are proven to be without value for the client.
5. If the client terminates the contract without any substantial reason, Interflexio AG can claim the complete remuneration except some possible saving which occurs from the cancellation of the contract.
6. If the client cancels the contract due to a substantial reason, which is based on a behaviour of Interflexio AG which is contrary to the contract, Interflexio AG has the right to claim payment for the already provided services, unless the so far provided services are proven to be without value for the client.
7. A basic agreement or a permanent contract with flat-rate payment and/or special conditions can only be cancelled in adherence to a time limit of 3 months to the end of a calendar month. The right for an effective immediately cancellation is untouched by this. Interflexio AG has the right to demand a back payment for the provided discount and rebate which were part of the basic agreement or permanent contract.
§ 10 Payment conditions
1. Interflexio AG has the right, besides the given tariffs and fee claims, to claim payment for outlays. It can demand appropriate advance payment and outlay replacement and can make the delivery of services dependent upon the satisfaction of these claims.
2. Subsequent amendments and additions are calculated separately.
3. Unless there is a written agreement stating otherwise, all invoices by Interflexio AG are payable immediately and without discount.
4. The claims of Interflexio AG are, independently of amendments or changes, valid and payable immediately.
5. Interflexio AG is entitled to add payments to older liabilities of the client. If there are already additional costs and interest, the payment first pays for the costs and interest and only then for the main payment claim.
6. In case of delays in payment by the client Interflexio AG claims an interest – independently of additional costs due to the delay – of 2% p.a. above the base interest rate of the Swiss National Bank, unless Interflexio AG proves the additional rate to be higher or the client proves it to be lower.
7. The client has the right for compensation, if the counterclaim gets legally acknowledged or accepted.
§11 Warranty
1. In case the performance of Interflexio AG is faulty, the client has the right to claim for amendment within the legal warranty period. If the amendment fails, the client can request a decrease of payments or the annulment of the contract.
2. In case the client discovered a fault within the legal warranty time, Interflexio AG has to be informed about it within 2 weeks in written form.
3. If there is a dispute between Interflexio AG and the client, if there is a fault in the performance of Interflexio AG, Interflexio AG has the right with the agreement of the client, to commission an independent consultant in order to provide an additional countercheck with comparable methods. In case the countercheck proves the fault in the performance of der Interflexio AG, Interflexio AG bears the costs of the proceeding, while in the contrary case the client bears the costs.
4. Provided the faults are caused by erroneous information (see § 5) provided by the client, the costs to correct the faults will be claimed separately from the client.
§12 Publishing of documents
1. After the fulfillment of the contract (and all the claims therein) Interflexio AG is obliged to hand out to the client, on latters request, all documents, which got received from or for the client for the duration of the contract. This does not apply to the correspondence between Interflexio AG and the client and the documents, which the client already possesses either in original or transcript. Interflexio AG is entitled to create copies or transcripts of all documents that are requested to be returned.
§13 Final provisions
2. Place of jurisdiction is the domicile of Interflexio AG (Zürich).
3. If an agreement within the scope of this contractual relationship is ineffective the remainder of the contract will remain effective.
4. Should one or more of the preceding regulations be invalid, does not affect the effectiveness of the remaining regulations.
Latest update 01.08.2008
