GTC General Terms and Conditions
AGB IT-Dienstleistung

for the procurement and maintenance of IT hardware/software as well as the provision of other IT services.

General Terms and Conditions of TGS Informatik GmbH

Orders can be placed verbally or in writing, in person, via telephone or internet. In any case, the following general terms and conditions of TGS Informatik GmbH, based in CH-4052 Basel, apply.

General

TGS Informatik GmbH provides services in the areas of servers, clients, networks as well as concepts for Microsoft products and development of software solutions and websites for companies (client or customer). Our entire business activities are fully subject to these conditions, unless they have been amended or supplemented by written agreements.

Installations

When calculating the time required for the installation of additional hardware or software, a standard installation that runs without errors is assumed. In addition, the software installed on the system must be available for any subsequent installations. Additional work resulting from incomplete or faulty installation or missing software will be charged separately.

The client accepts additional work of 20% compared to the quoted effort without prior verbal or written notification by TGS Informatik GmbH. In case of additional work beyond this, TGS Informatik GmbH will inform the client. The work not yet completed up to that point will only be carried out after approval by the client.

Data and System Backup

The client is fully responsible for data and system backup. They are obliged to carry out the necessary backup before TGS Informatik GmbH makes any changes to hardware or software. TGS Informatik GmbH cannot be held liable at any time for any data loss or damage caused by the complete or partial failure of one or more systems. Any loss of profit cannot be claimed either.

Warranty

For new hardware or software, the warranty provided by the manufacturer of the respective product can be claimed at most. Faulty or defective hardware or software will be repaired, exchanged or replaced against charging of the effort.

Quotations

Our quotations are time-limited, either according to legal regulations or according to the special information in the quotations. Without special indication, a quotation is valid for 30 days. We reserve ownership and copyright of all documents attached to a quotation. Upon our request, these documents must be returned to us if the corresponding order is not placed. A quotation is in any case to be treated confidentially and may not be passed on to third parties without our consent.

Cancellations

If an order is cancelled by the client, TGS Informatik GmbH reserves the right to claim lost profit. In any case, costs already incurred and price increases as a result of order reduction must be borne by the client.

Prices

Prices are in CHF net excluding VAT, plus transport, packaging and travel costs, unless otherwise agreed. TGS Informatik GmbH reserves the right to market-related price adjustments or those resulting from concrete cost increases (e.g. wage and material costs or exchange rates).

Complaints

Unless a special acceptance procedure has been agreed, the customer must check the products themselves and report any defects in writing. If the customer fails to give notice within one week of delivery, the products are deemed to be free of defects in all functions and the delivery is deemed approved. The customer is then obliged to pay on time.

Use of Licensed Software

The customer confirms to TGS Informatik GmbH that they only use licensed software.

Information Provided by Customers

TGS Informatik GmbH can generally rely on the fact that information provided to them by customers is accurate.

Data Protection

TGS Informatik GmbH respects your privacy and is committed to protecting your personal data in accordance with applicable Swiss data protection laws. The information you provide will be used exclusively for the stated purposes, as detailed in our privacy policy. We take appropriate technical and organizational measures to ensure the security of your data and prevent unauthorized access, loss or theft. By using our services, you consent to the collection, processing and storage of your data in accordance with our privacy policy.

Cyber Security

TGS Informatik GmbH assumes no responsibility for damages arising from cyber security breaches, including data loss, unauthorized access to information or interruptions to digital services, unless these incidents are due to gross negligence or intentional misconduct by TGS Informatik GmbH. Customers are advised that the security of their own systems and data is their responsibility, and we recommend taking appropriate security measures to protect personal information and data.

Payment

The entire outstanding invoice amount is payable net within 30 days from the invoice date. If payment is not made as agreed, the client is in default without reminder. If payment is not received after the first reminder, TGS Informatik GmbH reserves the right to restrict or discontinue the service without further notice.

If an order exceeds the sum of CHF 10,000, the following payment terms apply: 1/3 of the amount is due upon order placement, 1/3 in the middle of the project and 1/3 after completion of the project. TGS Informatik GmbH may invoice on the day of contractual service delivery.

Supplementary Law

Where nothing else has been agreed, the provisions of Swiss law apply.

Place of Jurisdiction

Orders agreed with TGS Informatik GmbH are subject to Swiss law. The place of jurisdiction is Basel. The client expressly declares that they submit to the place of jurisdiction agreed here, waiving their ordinary domicile jurisdiction.

Validity

These general terms and conditions are generally valid from 31.12.2024.