Terms of Service

As of January 2016z

§1 scope

1.1 The following terms and conditions (the "Terms") apply to all deliveries, \ r \ n services and offers of marseco (hereinafter "Marseco"). For one of Marseco \ r \ n developed / marketed product or service existing special regulations (eg perpetual \ r \ n or temporary licenses / Use for software, conditions for maintenance or \ r \ n Support Services) take precedence over these terms and conditions, insofar they deviate from the GTC.
1.2 Opposing trading conditions of the customer even without explicit objection \ r \ n even in the case of delivery not part of the contract.
1.3 Any modification, variation or addition to these Terms and Conditions must be in writing, there are no \ r \ n oral side agreements. This also applies to any contract concluded on the basis of the present Conditions \ r \ n was, if it equates no other form of writing.
1.4 Marseco reserves the right at any time to change these terms easily with effect for all future based on them \ r \ n contracts. With effect with regard to existing contractual relationships \ r \ n Marseco also has the right to change these Terms and Conditions by informing the client in question in detail \ r \ n written. The changes will take effect one month after notification in force. If the customer \ r \ n is not within this month, the change will take effect upon expiry of one month from him.

§ 2 Offer and Conclusion

2.1 Offers of Marseco are - in particular concerning the quality and availability of the \ r \ n principal service prices, delivery options and fringe benefits - without obligation. A contract is only \ r \ n by the written order confirmation and / or execution of Marseco materialize \ r \ n and is directed only by their content.
2.2 Explicitly otherwise provisions of Marseco to contract - such as quotations - go \ r \ n before and may provide that the contract is
2.3 Any acquisition of properties in favor of the customer requires written confirmation \ r \ n by Marseco.
2.4 Telephone and / or Personal agreements are confirmed in writing binding.
2.5 The scope of services to be provided by Marseco is determined solely by written contracts \ r \ n.

§3 installation, training and consultancy

3.1 The customer is responsible supplied for the proper installation and commissioning software itself \ r \ n. Both the installation Marseco and training and instruction of the customer \ r \ n or its operation forces (end-users) of the supplied software is not included in the scope. \ R \ n This service is only upon agreement and is calculated separately.
3.2 Unless Marseco training, consulting or installation services are provided, the customer has to make sure \ r \ n that the required customer's requirements are met, in particular the \ r \ n are provided necessary facilities and infrastructure, documentation and personnel. Meets \ r \ n the customer's duty to cooperate not operate properly, then the contract \ r \ n appropriately extended execution time Marseco. Marseco can provide n own material resources into account the \ caused by the delay r \ n extra effort especially for prolonged deployment of the staff and the \ r \.

§4 power requirement and fulfillment

4.1 Unless otherwise incurred by the customer claims for performance only with complete \ r \ n payment of the contractual remuneration. In particular, rights to use Software \ r \ n arise regardless of their activation only upon full payment of the license fee.
4.2 Delivery is at the risk and expense of the customer. If the customer does not provide specific instructions \ r \ n for shipping, this is done at our discretion and subject to the best delivery of \ r \ n Marseco.
4.3 Products delivered for test or demo purposes remain the property of Marseco. Marseco reserves \ r \ n the right to equip software so that the programs after the agreed test period not \ r \ n more are fully operational. The customer can not derive any claims.
4.4 Changes and cancellations of reserved by the customer at Marseco services bedürften \ r \ n in each case in writing and obtain legal validity only by a written confirmation \ r \ n by Marseco.

§5 prices

5.1 The prices are net in Swiss francs, exclusive of VAT. Trade \ r \ n services for which no price has been agreed at the time your order will be charged to \ day r \ n of the contract valid list prices or at cost to the existing approaches. 5.1 Die Preise verstehen sich netto in Schweizer Franken, exklusiv Mehrwertsteuer. Lieferungen und Leistungen, für die zum Zeitpunkt Ihrer Bestellung kein Preis vereinbart wurde, werden zu den am Tage des Vertragsabschlusses gültigen Listenpreisen bzw. nach Aufwand zu den geltenden Ansätzen berechnet.
5.2 Training and installation and other services, unless a fixed price and no \ r \ n discounts were agreed, calculated according to the current in order acceptance price list.
5.3 Any refund claims by the customer, eg. B. due to overpayments or double payments, \ r \ n be credited to the account of the customer's account.

§ 6 payment

6.1 Unless otherwise agreed, payments are made within 20 days of billing \ r \ n and without any deduction. Failure to comply with this deadline, the customer comes easily - especially \ r \ n without a reminder - in default.
6.2 In case of default of the customer Marseco is entitled to charge interest at the rate of 5% above the \ r \ n respective discount rate of the Swiss National Bank.
6.3 If client owes Marseco multiple payments, at the same time - if the customer has not made any repayment provision \ r \ n - first the debt due, each \ r \ n repaid older debt among several due debts.
6.4 Marseco reserves the right to provide goods and services only after prepayment by the customer to \ r \ n. Marseco are free at any time to allow certain types of payment or exclude.
6.5 If mont Alicher Zahungsweise (e.g. product "crew manager") will pay the bill each in advance \ r \ n quarterly.

§ 7 Software - Licenses

7.1 The customer may Marseco - including their documentation exclusively \ r \ n to use software products under a license granted by Marseco license.
7.2 By granted by Marseco software license, the customer receives a personal, non-exclusive \ r \ n and transferable only with the consent of Marseco right to use the licensed \ r \ n Software that is not entitled to grant sub-licenses.
7.3 The customer may not use procedures of any type to restore source programs or from the binary \ r \ n or parts thereof to knowledge about conception or creation of \ r \ n to acquire software.
7.4 The customer will treat all information about the software and the methods and \ r \ n methods used confidential. He committed the licensed software and documentation before \ r \ n acknowledgment or use to protect third parties. The customer agrees not to divulge parts \ r \ n the software or substantial procedural or ideas from this directly or indirectly to create \ r \ n to use its own software.
7.5 All rights - including copyrights - for the provided software and the provided \ r \ n documentation is available - if this is not explicitly stated - only \ r \ n Marseco to.
7.6 Software licenses are granted for an indefinite period and may be terminated n r reason of Marseco only for good \ \. An important reason is not in particular if the customer does not properly fulfill its contractual \ r \ n obligations or overdue payments despite reminder within ten \ r \ n days after receiving the reminder does. Termination by Marseco refers to all the customers \ r \ n provided versions of the software.
7.7 Marseco points out that customer for all damages resulting from copyright violations \ r \ n liable arising from this.

§8 Warranty for Software Products

8.1 The customer must check delivered goods immediately for defects and quality. Complaints \ r \ n any kind in writing within 10 days of receipt of the product and make \ r \ n detail over Marseco law.
8.2 Marseco warrants that their licensed software products comply with the functions and features \ r \ n, n products are included in the force at the time the license was issued descriptions for the respective \ r \, and are not affected by errors, the value of the or suitability \ r \ n to the assumed under the contract use cancel or substantially reduce.
8.3 In the event that certain functions or features of the software product description \ r \ n are not fulfilled or that in writing and communicated to the customer error in a comprehensible manner \ r \ n will be at the discretion of Marseco refund of the price paid or repair \ r \ n which may consist in the fact that the customer is sent a new version of the program \ r \ n. <br /> \ r \ n 8.4 the warranty is void for such programs or parts of programs that \ r \ n from customers themselves have been modified or extended.
8.5 The warranty claim further deleted for errors, malfunctions, accidents or damage to \ r \ n improper operation, failure of the hardware, operating systems, failure to observe the backup rules \ r \ n or otherwise, located outside the area of ​​responsibility of Marseco operations \ r \ n are due or if the customer Marseco denied the opportunity to investigate the cause of \ r \ n reported error.

§ 9 Notice

9.1 Marseco ensures adherence to the determination \ r \ n of the Swiss Data Protection Act and other relevant legal standards for the collection, processing and use of personal data.
9.2 The customer agrees to this use of his data. Incidentally, he has the right to \ r \ n any time to request to the storage of his data.
9.3 customer information that is inaccessible due to a support order, a data correction or adjustment clients \ r \ n Marseco be kept confidential and made available to the authorities responsible for the \ r \ n order employees. All employees receive in connection with their \ r \ n contractual work for Marseco knowledge of customer data, are obliged to treat these data \ r \ n confidentially and to pass it on to third parties, even those on notice to \ r \ n put.

§10 liability

10.1 to compensation for damage Marseco is only required if the damage to gross negligence \ r \ n or intent of Marseco is due.
10.2 No liability exists for indirect damage, accidents, consequential damages or lost profits, \ r \ n resulting from the use of this program; in particular through the GPS tracking tool.
10.3 Marseco protects data by Swiss data protection law. In manipulation (e.g. hackattacks) \ r \ n by third or disturbances in the Internet through the provider accepts Marseco no liability.

§11 product changes

11.1 Marseco reserves product changes that do not affect the general functioning.

§12 Final provision

12.1 Place of fulfillment is Basel, Canton, Switzerland.
12.2 All contracts are subject to Swiss law.
12.3 Subsequent additions or amendments to contracts must be in writing. This also applies to \ r \ n for any waiver of the written form requirement.
12.4 any provision of these terms and conditions proves to be invalid, touched \ r \ n is not it the remaining provisions.
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