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General terms and conditions (GTC)
1.1 Terms of contract
These general terms and conditions form an integral part of all contracts between AGRIDEA, hereinafter also referred to as “contractor”, and the client. In the event of any contradictions, the contract takes precedence over the terms and conditions.
1.2 Prices and terms of payment
1.2.1 Prices and additional costs
If a price is not set in the contract, the contractor's price list applies. The majority of the services provided by the contractor are subject to VAT. This will be billed to the customer, even if no VAT is mentioned in the contract or price list.
Any discounts relate to the service purchased and cannot be accumulated.
1.2.3 Price changes
In the case of periodic invoicing (e.g. licenses, services based on expenditure), the contractor can adjust prices to the changed circumstances at any time with three months' notice. If the price increase does not exceed the general rate of inflation, the client has no right of termination.
1.2.4 Payment dates and default
The payment dates are specified in the contract or with the order. If there is no contractual provision, the deliveries and services are payable at the end of the contract. The client is in default 30 days after the invoice has been issued. The other statutory rights of default are reserved.
1.3 Guarantee, liability
1.3.1 Obligation to notify
In the event of delayed or defective deliveries or services, the client must inform the contractor in writing of the exact complaints immediately, but no later than after ten days.
1.3.2 Defect, rectification
A defect is a deviation from the warranted properties or the unsuitability for the use specified in the contract.
In any case, the contractor is given the opportunity to correct defects within a reasonable period of time.
1.3.3 Liability of the contractor
The contractor is liable for culpably caused direct personal injury and property damage, in accordance with the statutory liability provisions, up to the maximum amount of the liability insurance cover. For personal injury or property damage caused by a subcontractor, the subcontractor alone (or its insurance company) is liable, with the limitations of liability mentioned above. Any further or other liability on the part of the contractor and its employees and subcontractors is expressly excluded, insofar as this is legally permissible. Data security, the provision of alternative solutions and the results achieved when using the services provided are the responsibility of the client. As a result, the contractor is not liable for data loss, pure financial loss, direct and indirect damage, consequential damage, loss of income or savings not achieved.
1.4 Property rights
1.4.1 Intellectual property
All intellectual property rights remain with the contractor. The client does not acquire any rights to programs, inventions, copyrights, trademarks, the concept or know-how that go beyond the personal use of the contractual services. Section 1.4.2 is reserved. The client may not transfer the acquired rights of use to third parties.
1.4.2 Tailor-made solutions
The results of services (including software developments), which are provided individually for the client, become his property after full payment with the transferable property rights. The contractor can continue to use the ideas, processes and findings used for development free of charge.
The contractor is obliged to treat as confidential the information of the other party that comes to its knowledge during the execution of the contract and to protect it against any unauthorized access by third parties. The client can release the contractor from this obligation. Publicly accessible information or information from the other party that was already known to the contractor is exempt from the obligation of confidentiality.
1.4.4 Data protection
AGRIDEA complies with the provisions on the protection of personal data, i.e. the protection of privacy and protection against misuse of personal data. Only the data that are entered when logging in or filling out the profile in the interactive platform are saved. AGRIDEA stores personal data in an appropriate manner and only uses it for internal purposes (for example, the information made available to us is used to create a distribution list or to inform users about a course). However, this data will not be passed on to third parties without the express consent of the person concerned.
1.5 Duration of the contract
1.5.1 Duration of the contract
The contract for deliveries and services remains in effect until it is fulfilled.
1.5.2 Conditions during the notice period
In the case of services, the average contractually agreed remuneration is also to be paid for the notice period, even if the client waives the services. The same applies to extra-time or early termination by the client for the entire remaining term of the contract.
1.5.3 Insolvency of the client / non-payment
If bankruptcy or inheritance proceedings are opened against the client, the contractor can terminate all contracts without notice and without compensation for the client. The contractor reserves the right to claim damages. If the payments are not made within the deadlines, the contractor can discontinue its services 60 days after the expiry of the payment deadline without any claim by the client. As soon as the services are discontinued, any further work will be billed to the client at the applicable tariff.
1.6 Applicable law and place of jurisdiction
1.6.1 Choice of law
The present contract and all its supplements are subject to Swiss law. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
1.6.2 Place of performance
The place of performance is the location of the contractor's branch at which the contract was concluded.
1.6.3 Place of jurisdiction
The place of jurisdiction for all disputes between the parties is the location of the AGRIDEA branch or branch at which the contract was concluded.
2.1 Terms of contract
2.1.1 Conclusion and content of the contract
The contract is concluded through the written or oral acceptance of the offer made by AGRIDEA (hereinafter also referred to as the contractor) by the client.
Orders from the client that have been accepted by the contractor are also contractually binding.
Additional services and deliveries as well as any deviations from the content of the general terms and conditions for special orders can be agreed as supplements. These are considered part of the contract.
2.1.3 Changes to the contract
The contract and its supplements replace all previous agreements on the same subject matter. Changes or cancellations of the contract or the supplements can only be made in writing or in the same form as they were concluded.
2.2 Services of the contractor
2.2.1 Specifications of the services
The specification of each individual service (advice, training, coaching, etc.) or delivery results exclusively from the corresponding contract and from the product documentation.
2.2.2 Awarding contracts to third parties
The contractor can provide the agreed services through the use of subcontractors and provides the same guarantee within the framework of the present contractual provisions as for its own services. The contractor can also act as a subcontractor for third parties.
2.2.3 Services: Order law / contract for work
The services are carried out as professionally qualified activities within the meaning of contract law or within the framework of a work contract.
2.3 Cooperation of the client
2.3.1 Obligations to cooperate on the part of the client
So that the contractor can properly provide its services, the client ensures the administrative, organizational and technical requirements, in particular:
· Designation of a client-side project manager
· Announcement of the operational needs and the technical framework
· Timely and detailed comments on the concepts, protocols, questions and work results presented
Participation in the acceptance procedure (if provided)
2.3.2 Failures on the part of the client
If the client neglects his obligations to cooperate, the contractor is entitled to adjust the dates and to invoice the client for any additional costs.
2.4 Billing according to effort and flat rate
2.4.1 Billing based on expenditure
The services are charged according to the actual time required. The travel time will be charged according to the contractor's respective tariffs. The customer will also be billed for the expenses and ancillary costs (in particular travel costs, accommodation, meals) and the costs of the resources used specifically for a project (material, licenses, database fees, etc.).
2.4.2 Flat rate prices and cost ceiling
Flat-rate prices (fixed prices) must be expressly agreed as such in the contract. A cost ceiling is not considered a flat rate, but rather has the following meaning: when the cost ceiling is reached, the customer can decide not to continue the project without mutual damages. The contractor informs the client as soon as a certain percentage of the cost ceiling has been reached.
The dates contained in the contract are seriously determined planning bases. If binding deadlines are to be adhered to, these must be expressly designated as fixed deadlines in the contract. If such fixed dates are missed, the client can set a reasonable grace period in writing and withdraw from the contract for the corresponding partial service after the deadline has expired. All dates must be postponed accordingly if advance payments by the other party to the contract are not made in good time or in the event of extraordinary disruptions (e.g. force majeure, official measures, strike, failure of energy supply, telecommunications or traffic routes). The contractor's liability for damage caused by delay is limited exclusively to the circumstances mentioned in Section 1.3.
3.1 Registration, deregistration and course cancellation
3.1.1 Registration and deregistration
Registration for AGRIDEA courses takes place via the Internet, post or fax, exceptionally verbally. It is binding. Around two weeks before the course begins, course participants will receive a confirmation of registration by email or post with the necessary information about the course and confirmation of their personal details.
Cancellation without incurring costs is possible up to one week before the start of the course. For cancellations made later, a fee of CHF 100 will be charged. We reserve the right to issue additional invoices for additional costs that have arisen, for example, as a result of reservations that have already been made.
3.1.2 Course cancellation
If the number of participants is too low, we reserve the right to cancel the course no later than seven working days before the start of the course.
3.2 course costs
3.2.1 Standard tariffs
Costs per day of the course
The current tariffs can be found on the AGRIDEA website.
Discounts for member organizations
Cantonal advisors and teachers, employees of AGRIDEA member organizations, employees of cantons (offices of the cantonal administrations in the fields of agriculture, forestry, veterinary, environment, spatial planning and rural development.) Incl. Treuland companies and individual SVU members, FOAG, Agroscope and FiBL benefit from a reduction in course costs according to the tariff sheet (as of September 15, 2014, 40% reduction).
The member organizations are listed on the AGRIDEA website.
The costs for meals, accommodation and other expenses can be seen in the detailed course program.
3.2.2 Exceptions: partner courses / contract courses
For partner courses and contract courses, the course costs are defined in consultation with the partner or client and specified in the course program, as are any discount regulations that deviate from the standard.
Any further deviations from the above conditions will be announced in the detailed course program.
There is no liability for accidents and theft. Insurance is the responsibility of the course participants.
3.4 Documentation, images and personal information
3.4.1 Use of image material from courses
By registering for a course, the participant declares that they agree that image material recorded by AGRIDEA can continue to be used during the course (e.g. for publications). Participants who do not agree to the further use of the image material must explicitly communicate this at the beginning of the course. The course participants are usually informed of this by the course management at the beginning of the course.
3.4.2 Disclosure of personal information to third parties
The e-mail addresses and telephone numbers of the course participants are visible on the list of participants for all course participants (for the purpose of exchanging information and possible car pooling). Explicit exceptional cases are to be discussed with the course secretariat.
3.4.3 Further use of course materials and course documentation
The course documents may be used provided the source / author is indicated, unless otherwise noted.
4.1 Shipping / processing
4.1.1 Shipping costs and service, handling fees
The shipping costs consist of postage, packaging and packaging work. The amount depends on the weight and destination (abroad) of the parcel. There are no shipping costs for downloads and online subscriptions.
The processing fee is charged for the administrative work or the invoicing. There is no processing fee when paying by credit card.
4.1.2 Shipping deadlines
The order is usually carried out within one working day. The dispatch takes place by B Mail. The deliverer (usually the post office) is solely responsible for late delivery.
4.2.1 Volume discounts
The quantity scale provides the following discounts:
From 10 pieces: 10%
From 25 pieces: 15%
From 50 pieces: 25%
4.2.2 Reseller Discounts
Resellers and schools receive a discount of 25% (as of 1.1.2014) on their orders.
4.2.3 Acceptance of the goods and returns
The customer must check and test the object of purchase immediately upon acceptance. A delivery is deemed to have been accepted if the goods are not returned within 10 days.
4.2.4 Cancellation of orders
The order can be canceled free of charge as long as it has not yet been delivered. Third party costs incurred remain reserved.
Software products (including downloads) of any kind, including associated documents and documentation, hereinafter referred to as "software", are deemed to be software deliveries.
The deliveries are made by AGRIDEA (hereinafter also referred to as the supplier) or a reseller to the customer. The software can be produced by AGRIDEA or by third parties (hereinafter the manufacturer).
The shipping and handling costs are based on point 4.1.
5.1 Conclusion of a contract
By installing the software or commissioning the personal license for a software delivery, the customer accepts the contractual conditions set out for this.
5.2 Acceptance of the delivery
The software ordered by the customer will be delivered to the customer by post or made available for download by AGRIDEA or the reseller in the latest valid version approved for sale by the manufacturer. Once delivery has been made at the place of performance, the benefit and risk are transferred to the customer. A delivery is deemed to have been accepted by the customer if there is no return to AGRIDEA within the specified payment period.
5.3 Right of Use
With the payment of the specified license fee, the customer only acquires an unlimited, non-transferable and non-exclusive right to use the software supplied for his department, company or business. Ownership and copyrights remain with the manufacturer. However, the customer receives the authorization to create a backup copy if necessary.
If the entire delivery is returned before the payment deadline has expired, the customer is liable for any damage caused to the software material or damage caused by unauthorized use of the software.
5.5 Rights to the Licensed Material
The customer undertakes not to pass on the software supplied to third parties or to make it accessible in any other way. He takes the necessary technical and organizational measures in his company to protect the software from disclosure, access, theft or misuse. The supplier has the right to inspect these measures.If the customer damages or deletes the program, the supplier will provide the best possible replacement for the customer at the customer's request - insofar as this is reasonable.
5.6 Material warranty / support / information
The supplier guarantees the functionality of the software delivered under this contract and undertakes to remedy any defects free of charge, insofar as this is possible. These must be reported to him in detail by the customer immediately after they occur.
The supplier grants the customer free telephone support within the first 90 days after delivery. After the 90 days have expired, holders of an AGRIDEA support contract have an extended right to support in accordance with the “Contractual provisions for the AGRIDEA support contract”.
The supplier also undertakes to keep the customer informed about program adjustments as well as training and further education events in connection with the licensed material supplied.
5.7 Third Party Software
For software products for which AGRIDEA acts as a sales partner, the conditions of the respective manufacturer apply.
With the order, the customer gives his consent to receive an AGRIDEA newsletter to the specified e-mail address and to receive further information on the offer by post. The newsletter can be canceled at any time without giving reasons.
7.1 AGRIDEA services
7.2 Limitation of Liability
All content on the platform was created with care and to the best of our knowledge. However, no guarantee can be given for the topicality, completeness and correctness of all pages. AGRIDEA assumes no liability for content uploaded by users. AGRIDEA is also not liable for the content or the correct functionality of third party websites that are made accessible via links.
All texts, documents, images and other information and data published on our platform are protected by copyright and are subject to AGRIDEA's copyright.
In the case of third-party content, the copyright for the contributions remains with the respective user. By posting their contribution, however, the user grants AGRIDEA the right to make the contribution permanently accessible on its platform.
Users do not need AGRIDEA's permission to use, print or download the contents of the AGRIDEA platform for personal and private purposes. In the case of further use, the general copyright conditions must be observed. Legal action is reserved in the event of non-compliance.
7.4 Access rights
Customers and partners only have access to data from courses, projects and platforms of which they are a member. With a few exceptions, however, the content is accessible to all AGRIDEA employees.
7.5 Obligations of the user
The user of the platform undertakes not to publish any posts that violate common decency or applicable law. In particular, it is forbidden:
· Post offensive, invasive or untrue content
· Send spam to other users through the system
· Use copyrighted content without permission
In the event of a breach of these terms and conditions, AGRIDEA is entitled to change or delete the relevant contributions without prior notification and to block the user's access. Legal steps are reserved.
www.agridea.ch. www.focus-ap-pa.ch, www.agridea-international.ch and other AGRIDEA websites
8.2 Liability in relation to the content and links
The edited articles and information are only up-to-date at the moment of their publication. As a result, they are regularly supplemented by updates. AGRIDEA excludes any liability with regard to the technical availability and operational safety as well as the accuracy and completeness of the content of its website. AGRIDEA cannot be held liable if a user could take actions that lead to damage on the basis of data that he or she has taken from the AGRIDEA website. The information and other services provided by third parties - both on the internet portals operated by AGRIDEA and on third-party websites - are the exclusive responsibility of these third parties. AGRIDEA is also not liable for the content or the correct functionality of third party websites that it makes accessible via links. The information and services offered can be changed, replaced or deleted at any time without prior notice. This right also applies to this disclaimer.
The content and structure of the AGRIDEA website are protected by copyright. Users must obtain the consent of AGRIDEA in advance in the following cases if they:
· Want to reproduce the content of the AGRIDEA website in whole or in part or distribute it electronically or in any other way
· Want to change or activate links
· Want to use the contents of the AGRIDEA website for business or public purposes and / or intend to use the AGRIDEA website for commercial purposes
This applies in particular to the plan to enter a link to the AGRIDEA website on the website of a third party. Users do not need AGRIDEA's permission to use, print or download the contents of the AGRIDEA website for personal and private purposes. Without the express permission of AGRIDEA, the reproduction and / or distribution of the content of its website is a violation of the “Federal Law on Copyright and Related Rights” and can lead to both civil and criminal consequences.
8.4 Data storage and data security
Only the data that are entered when filling out the forms on the website are saved. AGRIDEA stores personal data in an appropriate manner and only uses it for internal purposes. AGRIDEA also draws users' attention to the fact that electronic communication cannot be considered secure and / or confidential.
8.5 Improper Use
AGRIDEA reserves the right to take legal action if its website is used improperly or illegally and / or if it and / or third parties cause technical disruptions.
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