General Terms and Conditions

1. Scope of validity

These General Terms and Conditions (hereafter referred to as the “GTC”) apply to all services and products (hereafter referred to jointly as “services”) that Quergründer GmbH (hereafter referred to as “Quergründer”) provides to the customer.

The nature and scope of the contractual performance are also governed by  the Quergründer price overview and the current product information in brochures or on the Quergründer website («plans»).

These GTC shall be regarded as accepted by the customer at the latest

when the relevant services are used.

2. Services, prices

The price overview in force at the time of concluding the contract and further specifications on the individual products and services shall apply. The rates overview and the specifications are published on the Quergründer website .

3. Obligations of Quergründer

Quergründer makes every effort to ensure flawless quality in its services. Faults that are within the control of Quergründer shall be rectified as quickly as possible.

Quergründer is exempt from its obligation to perform in the case of force majeure. Force majeure is defined as any unforeseeable event or those events whose effect on performance of the contract is not within the

sphere of control of either party to the contract.

4. Customer’s obligations

During the term of the contract, the customer is required to use the Quergründer services in compliance with the contract and to pay for the received services within the specified period.

The customer must follow all the security-related instructions recommended by Quergründer, in particular passwords and not to pass them on to third parties.

5. Terms of payment

All services offered will be paid in advance for each calendar month.

6. Data protection

In the context of providing services and analysis for the customer, Quergründer may collect personal data itself, obtain such data from third parties, store, process, analyse and pass anonymised data on to third parties, while at all times observing the legislation in force regarding the protection of data.

7. Abuse

Services may not be misused, i.e. used in a way that is unlawful or in breach of the contract. In particular, the reselling of services by the customer or third parties is regarded as abuse.

The resale of services to third parties may only occur upon the prior written consent of Quergründer. Enterprises which are affiliated with a customer are also considered third parties within the meaning of this clause.

The customer shall indemnify Quergründer for third party claims that arise from an improper use of the services by the client. Should there be any abuse borne by the customer, Quergründer is to be informed immediately.

8. Warranty for services

Quergründer promises the customer that it will render the services owed under the contract which are intended for the common use with private and business customers with due care and diligence. Quergründer nevertheless does not guarantee the following:

  1. uninterrupted or fault-free operation of its services
  2. content or services created by or accessible at third parties
  3. protection against malware (harmful software), viruses, spamming, Trojans, phishing attacks, data and other criminal acts by third parties
  4. avoidance of any data loss due to faults
  5. Liability

Quergründer does not accept any liability for force majeure or loss/damages for which Quergründer is not responsible or which occurred due to the blocking or termination of service.

Liability for indirect/consequential losses and lost profit or data loss is excluded in any event.

10. Contractual term

The duration of the contract is one month and will rollover automatically to the next calendar month.

11. Ordinary termination

The customer can terminate the contract directly on the Quergründer website («premium»). Termination is allowed every month without a notice period. The monthly automatically contract rollover will be terminated simultaneously.

12. Amendment of contract conditions by Quergründer

Quergründer reserves the right to amend the contract terms and conditions at any time if said amendments are justified by legitimate interest. Any amendments shall be notified to the customer in a suitable form and with reasonable advance notice of up to 30 days.

13. Intellectual property rights

Any and all intellectual property rights associated with Quergründer services in particular software, shall remain with Quergründer or the respective holder of the rights. The customer receives a non-transferable, time-limited and non-exclusive right to use such rights in compliance with the contract. The customer is not entitled to any more extensive rights.

14. Place of jurisdiction and applicable law

The contract is subject to Swiss law. Place of jurisdiction is Baar. Mandatory places of jurisdiction under federal law remain reserved.