Terms of Service for services of IT HAEUSLER, Tannenbergstr. 19, 9032 Engelburg, Schweiz
1.1 The following General Terms and Conditions apply to all legal transactions of IT HAEUSLER - hereinafter referred to as service provider - with its contractual partner - hereinafter referred to as client.
1.2 Changes to these Terms and Conditions made by the Service Provider shall be notified to the Client in writing. They are considered approved if the client does not object in writing. The client must send the objection to the service provider within 2 weeks after notification of the changes.
2. Subject of the contract
2.1 The Contracting Parties agree to cooperate in accordance with the specific, individual contractual agreement. An employment contract is not wanted by the parties and is not substantiated.
2.2 For the AHV / IV levies, the service provider takes care of himself and releases the client from any obligations.
2.3 The service provider is free to work for other clients. However, the service provider is subject to a non-competition rule.
3. Conclusion of the contract
3.1 A contract with the service provider comes about by the transmission of the signed order or order offer by post, by e-mail or orally on the phone.
3.2 The subject matter of the contract or the exact job description depends on the respective order.
4. Contract duration and remuneration
4.1 The contract begins and ends on a specific and individually agreed date.
4.2 The contract can be terminated properly. In this regard, a deadline of 4 weeks to the end of the month is agreed.
4.3 A termination before the beginning of the contract is not provided. It is only possible if the service provider fails to meet its contractually agreed obligations. If the client terminates the contract contrary to this clause 4.3 before the beginning of the contract, the service provider shall be reasonably compensated for his loss of work. For this purpose, a flat rate of CHF 400 is agreed.
4.4 The service price is based on the volume of work owed. This finds its legal basis in the regulations of the employment contract.
4.5 All payments are due 30 days after invoicing without any deductions. If the payment deadlines are exceeded, the service provider is entitled to a default interest of 2% - above the reference interest rate of the Swiss National Bank - without further warning. The right to assert any further damage remains unaffected.
4.6 Cash expenses and special costs incurred by the service provider at the express request of the client are charged at cost price.
4.7 All services provided by the service provider do not include valid VAT, as a sideline is exercised.
5. Scope of services
5.1 The services to be provided by the service provider usually include the tasks listed in detail, according to the order given by the client.
5.2 The service provider will inform the client at regular intervals about the result of his activity.
5.3 If the contractor owing the contractually owed performance of an order is in fact not possible, he shall notify the client without delay.
5.4 The service provider provides the necessary equipment and the necessary personnel for the provision of the service, unless the client has the appropriate equipment or premises. The parties shall endeavor, to the best of their knowledge and belief, to assist the counterparty in providing the relevant obligation by providing information, information or experience to ensure a smooth and efficient workflow for both parties.
6. Confidentiality obligation
6.1 The service provider undertakes to maintain secrecy with respect to all business and trade secrets of the client during the term of employment and also after its termination.
7.1 Claims for damages against the service provider are excluded unless they are based on intentional or grossly negligent conduct of the service provider himself or his vicarious agents. The period of limitation for the assertion of damages is three years and begins with the time at which the act causing the damages was committed. Should the statutory limitation periods in individual cases lead to a shorter limitation period for the service provider, these shall apply.
7.2 The statutory provisions of the Code of Obligations apply to all other claims for damages.
7.3 In terms of the amount, the liability of the service provider is limited to the damage typical of comparable transactions of this type which were foreseeable at the time the contract was concluded or at the latest when the breach of duty was committed.
7.4 The liability of the service provider for consequential damage resulting from a breach of contract is excluded if and to the extent that the liability of the service provider does not result in a breach of the obligations essential to the fulfillment of the purpose of the contract.
8.1 The business relationship between the parties is governed exclusively by Swiss law.
8.2 The jurisdiction agreement applies equally to foreign customers and foreign customers.
8.3 Place of performance and jurisdiction for all services and disputes is: exclusively the registered office of the service provider
9. Other provisions
9.1 Subsidiary agreements to this contract do not exist. Changes or additions require the written form to be legally effective.
9.2 A change of the contract point 10 also requires the written form.
9.3 The customer is not entitled to assign his claims from the contract.
10. Severability clause
Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This also applies if, within one regulation, one part is ineffective, another part is effective. The respective invalid provision shall be replaced by the parties by a provision which comes closest to the economic interests of the contracting parties and which does not conflict with the other contractual agreements.