Applicability

These terms and conditions govern the contractual relationship between the customer and fibu3 GmbH.

They apply to all agreements between fibu3 GmbH and the customer relating to the offered fibu3 services.

Effective date, revocation and withdrawal

Once the customer confirms an agreement with fibu3 GmbH, that agreement enters into force together with these terms and conditions.

fibu3 GmbH reserves the right to cancel any agreement concluded via employees, agents or the internet within 14 days without stating a reason.

If the application is used in breach of contract, unlawfully or immorally, fibu3 GmbH may withdraw from the contract immediately and stop providing services without prior notice.

Access authorization

fibu3 GmbH grants access to the customer by means of user identification and password.

For fibu3, the customer is the person using the user identification and password, regardless of whether that person is actually authorized.

The fibu3 application runs on fibu3 GmbH servers. With a corresponding agreement it can also run on the customer's infrastructure.

Prices and payment terms

Unless expressly agreed otherwise, pricing is based on fibu3 GmbH's current price list for fibu3.

fibu3 GmbH reserves the right to adjust prices in line with market and price developments. Unless expressly agreed otherwise, these adjustments also apply to ongoing contracts.

Standard payment periods customary in Switzerland apply after invoicing.

If the customer does not pay within the payment period, fibu3 GmbH may terminate the agreement immediately and without compensation, without prior reminder.

For overdue invoices during an ongoing contract, fibu3 GmbH may also block the customer's access to fibu3.

The block will be lifted once all outstanding invoices have been paid in full.

Swiss-standard reminder periods and conditions also apply in case of late payment.

Intellectual property rights

All copyrights, trademarks and know-how relating to fibu3 applications belong exclusively to fibu3 GmbH.

Where contractual use of the application requires usage rights, these are granted to the customer on a non-exclusive, non-transferable basis and only to the extent required for the duration of the relevant agreement.

The usage rights granted to the customer for fibu3 are personal and non-transferable.

All documents and information created in fibu3 remain the property of the customer.

Operation and further development of the application

Operation and management of fibu3 are carried out by fibu3 GmbH. fibu3 GmbH may involve third parties to meet its obligations.

fibu3 GmbH strives to operate the applications with as little disruption as possible and to keep interruptions short.

Technical further development is at the sole discretion of fibu3 GmbH.

Enhancements driven by customer needs are incorporated into the normal release planning.

Custom developments commissioned by the customer may also flow into the normal release planning and do not become the property of the customer.

Data protection / publication network

fibu3 GmbH may use fibu3 information anonymously for its own purposes such as statistics.

fibu3 GmbH treats entrusted data as strictly confidential and protects the customer's interests.

Personal data is neither sold nor passed on to third parties.

fibu3 GmbH takes reasonable steps to protect fibu3 databases from unauthorized access, loss, misuse or falsification.

Customer rights and obligations

The customer undertakes to use fibu3 applications in compliance with the law and the contract.

Warranty

To the extent permitted by law, fibu3 GmbH excludes all liability for consequential damages resulting from defects.

Risk

The customer bears all risks arising from manipulation of its IT system, malfunctions or abusive use of access permissions.

Liability

The customer is fully responsible for the content of data transmitted to fibu3 GmbH.

fibu3 GmbH is liable only in cases of intent or gross negligence.

Under no circumstances is fibu3 GmbH liable for consequential damages or loss of profit.

If fibu3 GmbH cannot fulfill its contractual obligations despite all due care due to force majeure or technical disruptions by third parties, the customer has no claim to performance for the duration of the event.

fibu3 GmbH is not liable for internet misuse, security deficiencies and disruptions in third-party telecommunications networks, or for outages and disruptions of fibu3 applications.

Non-assignment

The customer may not transfer the contractual relationship with fibu3 GmbH to a legal successor without written consent.

Claims arising from the contractual relationship may likewise not be assigned to third parties without fibu3 GmbH's written consent.

General provisions

Changes and additions to written agreements require written form and the consent of both parties to be valid.

If a provision of an agreement is invalid or unenforceable, it shall be replaced only to the extent necessary by a substitute provision that comes as close as possible to the economic intent.

Applicable law and place of jurisdiction

This contract is governed exclusively by Swiss law, excluding the rules of private international law.

The exclusive place of performance and jurisdiction is the registered office of fibu3 GmbH. fibu3 GmbH is also entitled to sue the customer at the customer's registered office or domicile.