These general terms and conditions (GTC) apply to all products and services offered by Informatio GmbH (hereinafter Informatio).
Informatio provides the customer with software and hardware components, depending on the service version. Informatio guarantees the general usability of the supplied software and hardware components during the term of the contract and is responsible for regular, free updates to the software and hardware it has supplied (without prior notice). In particular, Informatio takes all technical and organizational measures required by Swiss data protection legislation (in particular Art. 9 VDSG; SR 235.11), state-of-the-art and based on relevant international norms and standards (e.g. ISO 27001). Furthermore, Informatio adheres to the provisions of the European General Data Protection Regulation (GDPR).
The customer undertakes to pay the service amount before the start of the service period (credit card payment) or thirty (30) days after the invoice has been issued without any deductions or offsetting. He also undertakes to download the required Informatio software components and to install them on his IT infrastructure on his own responsibility and to integrate any hardware components. It is recommended to create a backup of the entire database before each Informatio installation and integration and to periodically repeat a data backup that is independent of Informatio. A connection to the Internet corresponding to the selected scope of service is the responsibility of the customer. The customer is responsible for determining the files to be backed up and the time of the respective backup process and is responsible for ensuring that the data requested by him can be successfully saved on the Informatio server according to the log file. The customer explicitly undertakes to ensure that his data does not contain any illegal, civil or publicly relevant content. He acknowledges that in the event of criminal prosecution, Informatio fully cooperates with the authorities in accordance with the relevant statutory provisions. The customer undertakes to return the software and hardware components supplied to Informatio in full and in a usable condition after the end of the contract. In certain service versions, parts of these obligations can be assigned by the customer to Informatio or third parties, provided this is appropriately noted in the "Operational Responsibilities". The retention of the access data is the responsibility of the customer.
The service includes encryption of customer data to protect it from being viewed by Informatio and third parties. To encrypt the data on the Informatio servers, the customer can choose between the following types of encryption:
No encryption
AES-256bit (extremely secure)
AES-192bit (very secure)
AES-128bit (secure)
Any character string (passphrase) to be determined by the customer is used for encryption. The customer is the sole owner and responsible for all of these character strings. Informatio has no way of retrieving lost strings and recommends that all access data be stored in physical form in two secure and independent locations (e.g. with a trustee, a bank and / or a notary). A periodic functional check of all access data is also recommended. THE CUSTOMER ACKNOWLEDGES THAT HIS CUSTOMER DATA CAN NO LONGER BE MADE READABLE WITHOUT THE CHARACTER STRING (PASSPHRASE) AND A LOSS OF THE CHARACTERISTICS (PASSPHRASE) WILL BE FINALLY LOSSED FROM Informatio!
The scope of delivery corresponds to the electronically made service selection or the service configuration defined in writing. The customer must check the delivery within 10 days of receipt of the goods and complain in writing of any defects as soon as possible. The delivery time for hardware components can take up to 6 weeks. All Informatio service components (software and hardware) are subject to a full functional guarantee for the entire duration of the service. A defective component must be reported or sent to Informatio immediately. Components will be exchanged within a reasonable period. It is possible to keep replacement components ready at the customer site - however, only components certified by Informatio may be used.
The contract comes into force with the electronic consent to these provisions or the written signature of the service offer. Cancellation of binding contracts by the customer is only possible with the express written or electronic consent of Informatio and assuming all costs and expenses as well as complete indemnification from Informatio. The contract duration is basically one year, i.e. 365 days (contract duration) - unless otherwise agreed. After the first contract term, this is tacitly extended for another year. The notice period is 3 months. After the contract has ended, the data will be retained on the Informatio systems for 30 days. After these 30 days, the customer data will be completely deleted from all Informatio systems. Informatio reserves the right to withdraw from the contract in the event of a lack of performance or to temporarily discontinue the service (with full indemnification) or to adhere to the contract with compensation for the damage caused thereby. The right to compensation for further damage remains reserved. All subsidiary agreements, assurances and changes are only binding for Informatio after express written or electronic confirmation. Informatio alone is entitled to transfer this contractual relationship and all other relationships with the customer to another contractual party. The customer is not entitled to a reimbursement of any initial payments made after termination of the service.
Informatio ensures that personal data from customers is only collected, stored and processed insofar as this is necessary for the provision of the services and permitted by legal regulations or is ordered by the legislator.
In the event that declarations of consent under data protection law are obtained from the customer as part of the use of the services, it is pointed out that these can be revoked by the customer at any time with effect for the future.
If there is a processing of data in the order, customers can ask for the conclusion of an order data processing contract.
In this context, Informatio may also change details of the processing of data via its website. Current information on the purpose, type and scope of the collection, processing and use of personal data can be found in the data protection information, which can be accessed at any time under the link "Data protection". There you will also find information about the cookies and services used by Informatio.
Brochures, catalogs and digital documents (such as general information on the Internet or by email) are not binding unless otherwise explicitly agreed. Information in technical documents is only binding if it has been expressly guaranteed.
The retention period of the data stored at Informatio is determined exclusively by the customer himself and thus has a direct influence on the amount of data stored at Informatio.
All Informatio offers are valid for 30 days unless a different period has been agreed and are clearly identifiable as such. The prices are generally exclusive of VAT in Swiss francs or a contractually agreed, written foreign currency. Contractors from Switzerland (CHF) will be charged the Swiss VAT of 7.7%. All prices on price lists or brochures are (if not expressly noted) non-binding and can be adjusted by Informatio at any time. The customer expressly confirms to waive any set-off defense against Informatio. Services that are not used or are only partially used will not be reimbursed.
Informatio retains full ownership and / or other rights to the software and hardware components supplied at all times. The customer does not receive any real rights (ownership, lien or right of retention) to the components supplied by Informatio and waives such rights. The customer only receives the right to use the software and hardware components supplied during the term of the contract. After the end of the contract, any authorization of the customer to use, transfer, copy or use the hardware or software in any other way expires. The property rights, copyrights, trademarks and / or license rights to software and hardware components, symbols, logos, websites and other documents and data of Informatio remain exclusively with Informatio. The customer is not entitled to change, copy, reverse engineer the software in whole or in part, to dismantle it, lease, sell, pledge or otherwise derive the source code or use the software as a To use the basis for the creation of other software programs, derivative works or in any other way that could violate the rights of Informatio or third parties. However, the customer can make a copy of the software for backup and archiving purposes. All notices and labels, including copyrights, trademarks and license rights of the original, must be attached to the backup copies. Informatio is entitled to use general ideas, concepts and procedures that have been developed or discovered in the context of the preparation of the Informatio service for the customer alone or together with the customer, for the same or similar projects with third parties. The data stored by the customer under this contract on any hardware or software components of the Informatio belong solely and exclusively to the customer. Informatio does not acquire any property or intellectual property rights to this data at any time. The customer can - even during the term of this contract - request the immediate surrender of all data at any time and, in the event of the termination of the contract, request a written declaration from Informatio that no more customer data from Informatio in whatever form and on whatever media be kept further.
The customer agrees to the electronic transmission of his data encrypted by Informatio via a public network infrastructure (Internet). The customer bears the risk of any data loss during transport. Informatio's responsibility for the data begins when the data is received by the Informatio infrastructure and ends when the data is transferred from the Informatio infrastructure. Informatio undertakes to uphold the special statutory confidentiality obligations (attorney's secret, doctor's secret, professional secret, official secret) and to ensure compliance with all of its employees by means of corresponding written confidentiality declarations.
Informatio expressly guarantees high service availability of at least 99% per year (based on 365 days x 24 hours; excluding technology and internet access at the customer site). It guarantees that the hardware and software used are not affected by defects that negate or significantly reduce their suitability for use in accordance with the contract. Informatio can, at its own discretion, remedy a justifiably complained defect by removing it immediately, bypassing it or making a new delivery. If Informatio does not successfully complete the rectification of defects within a reasonable period, the customer can set a grace period. After the unsuccessful expiry of this grace period, the customer can demand an appropriate reduction in the remuneration in the case of minor defects, terminate the contract in the case of major defects and - if the legal requirements are met - demand compensation.
Informatio excludes any liability as far as legally possible and permissible (also applies to third parties). Since Informatio has no access to the customer infrastructure and the customer data is also fully encrypted, the monitoring and warning options of Informatio are severely limited. The responsibility for a successful data backup therefore rests solely with the customer.
Informatio sales partners and resellers are independent of Informatio in their activities and are not authorized to represent Informatio in any way or to act for them. Sales partners and resellers are specially trained, external specialists and companies by Informatio and are available to the customer as an initial contact. The relationship between Informatio and sales partners and resellers is regulated in a separate contract