Terms and Conditions

of Technik Partner AG, Albulastrasse 57, 8048 Zurich ("Technik Partner AG" or "We", "Us")

Technik Partner AG provides an online platform, available via the URL www.myconnectzone.com (hereinafter referred to as the "Platform"), on which a previously registered customer ("Customer" or "You", "Your"; together with Technik Partner AG: "Parties" or each "Party") is able to create and manage their own mobile and web application based on software owned by Technik Partner AG ("App") in order to make Customer’s services comfortably and rapidly available to its users.

 

1.     SCOPE

These General Terms and Conditions ("T&Cs") apply to all the services provided by Technik Partner AG in connection with the Platform and the App (the "Services").

 

The Services are offered subject to Your acceptance without modification of the T&Cs and all other operating rules, policies and procedures that may be published from time to time on the Platform.

 

By logging onto, accessing or registering for the Platform, You irrevocably consent to the application of these General Terms and Conditions to all Services. The Technik Partner AG Privacy Policy is an integrated part of the T&Cs.

 

 

2.     GENERAL PROVISIONS

By registering for the Platform, the Customer shall request a subscription in order to use all Services provided by Technik Partner AG ("Subscription"). The Services are subject to the Subscription plans published – and amended from time to time – on the Platform.

 

The period of the Subscription begins on the date that Technik Partner AG accepted Customer’s registration and activated Customer’s access to the Platform. The Subscription shall be entered into for an indefinite term.

 

Technik Partner AG reserves the right to provide the access to the Platform and all services connected therewith to any Customers at its sole discretion and is not obliged to disclose the reason of refusal.

 

3.     SYSTEM REQUIREMENTS

All system requirements for the use of the Platform and the App are published – and amended from time to time – on the Platform and are an integrated part of these T&Cs.

 

4.     CONDITIONS OF USE

You shall:

·       use the Services strictly in compliance with these T&Cs as well as any applicable law;

·       create, develop and use the App only in accordance with the functional and technical specifications and requirements defined in these T&Cs as well as on the Platform;

·       implement all updates, modifications and/or improvements of the App to be declared necessary by Technik Partner AG;

·       warrant that the registration data that You provide about yourself and your business is true, accurate, current, and complete at any time during the Subscription period;

·       be fully and exclusively responsible, without any recourse against Technik Partner AG, for use of the App, provision of the App to third parties and any consequences of that use;

·       be fully and exclusively responsible, without any recourse against Technik Partner AG, for ensuring the compatibility of the App with the Customer-internal system, for providing the technical access to the App (e.g. internet, electricity) and for providing the hardware and software required for using the App;

·       ensure that Your employees and users are familiar with the T&Cs;

·       pay the monthly fee as set forth in art. 6.1 hereinafter; and

·       comply with all applicable laws in any way in respect of the Subscription (incl., without limitation, copyright law and data protection law).

·       obtain the consent of Your App users to the extent necessary under the applicable data protection laws.

 

In addition, You shall not provide or assign the App and/or the registration to other, not-registered Customers, even to Your affiliates, unless You have first obtained the prior written consent of Technik Partner AG.

 

You are responsible for all activities that occur under Your account. Accordingly, You are responsible for maintaining the confidentiality of Your access information. You agree to immediately notify Technik Partner AG of any unauthorized use of Your account.

 

5.     SUPPORT AND MAINTENANCE

Technik Partner AG will provide Customer care assistance and support subject to the instructions provided in the Subscription plans and/or the Platform.

 

In the event of any serious technical malfunctions and/or incidents, the Customer shall notify Technik Partner AG as soon as possible after detection and Technik Partner AG shall use reasonable efforts to fix any issues as soon as reasonably possible.

 

6.     SUBSCRIPTION PERIOD, PRICE AND INVOICING

6.1 Price payable by the Customer

The Customer is required to pay a Subscription fee as set forth in the Subscription plan published on the Platform. The Subscription plans shall be subject to amendment anytime, such amendment to be applicable in accordance with Technik Partner AG’s instructions.

 

6.2 Payment by the Customer

Subscription fees shall be invoiced in advance and payment shall be made as specified on the Platform or Technik Partner AG’s invoice.

 

In case of late payments the legal consequences apply automatically. The default interest is 5% p.a. and Technik Partner AG is entitled to charge the Customer an additional adequate late payment fee.

 

7.     LIMITATION OF LIABILITY

The Services as well as the Platform and the App are provided "as is" without warranty of any kind, including any implied warranties of merchantability or fitness for a specific purpose. Save as otherwise agreed, the license to use the Services, Platform and App is strictly personal to the Customer and not transferable to other third parties.

 

Technik Partner AG strives to provide the Services 24/7 but cannot and does not guarantee that the Platform or the App will run interruption or error-free.

 

To the fullest extent permitted by applicable law, Technik Partner AG (including its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns) will not be liable for and disclaims any, direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of or in connection with Customer’s or any other third parties‘ use of and access to the App and/or the Platform, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

 

Technical access to the Services, e.g. internet, electricity, etc., is in the sole responsibility of the Customer. Technik Partner AG likewise rejects any responsibility for the hardware and software required for using the App.

 

 

8.     Representation and Warranty of the Customer / Indemnification

You represent and warrant that: (i) Your use of the Services will be in strict accordance with these T&Cs (including the Technik Partner AG Privacy Policy), and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and (ii) Your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

 

You consent to indemnify and hold harmless Technik Partner AG (including its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns) in full from and against any loss, damage, costs or expenses which it suffers or incurs directly or indirectly as a result of Customer’s use of the App otherwise than in accordance with these T&Cs or applicable laws.

 

9.     DATA PROTECTION

Both Parties shall process personal data they process as a result of the use of the Services, the Platform and the App in compliance with applicable data protection laws and Technik Partner AG’s Privacy Policy.

 

10.   INTELLECTUAL PROPERTY

9.1. Technik Partner AG Intellectual Property

All content, artwork, images, designs, photos, custom colours, all other copyrightable works as well as, algorithms, application programming interfaces, apparatus, circuit designs and assemblies, concepts, confidential information, data, personal data, databases and data collections, designs, diagrams, documentation, drawings, flow charts, formulae, ideas and inventions (whether or not patentable or reduced to practice), know-how, materials, marketing and development plans, marks (including brand names, product names, logos, and slogans), methods, models, configurations and architectures, procedures, processes, protocols, schematics, software code (in any form including source code and executable or object code), specifications, techniques, tools, uniform resource identifiers including uniform resource locators (URLs), user interfaces, websites, works of authorship, and other forms of technology (altogether Intellectual Property Rights), which are provided via the Services are owned either directly by Technik Partner AG or by Technik Partner AG’s licensors.

 

Technik Partner AG hereby grants the Customer a worldwide, non-exclusive licence to use the Platform and App strictly in accordance with these T&Cs.

 

All Intellectual Property Rights shall remain the exclusive property of Technik Partner AG or Technik Partner AG’s licensors at all times. The Intellectual Property Rights may not be used or modified in any other way than provided for on the Platform and the App.

 

9.2. Customer Intellectual Property

 

We may, in our sole discretion, permit Customers to post, upload, publish, submit, or transmit own content. By making available any content on or through the Platform and App, You hereby grants to Technik Partner AG a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through several tiers), to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit Customer’s content only on, through or by means of the Services. Technik Partner AG does not claim any ownership rights in any Customer’s content and nothing in these T&Cs will be deemed to restrict any rights that You may have to use and exploit its content.

 

Therefore, the You declare and warrant to have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such content which the Customer published and will otherwise be liable in the event of Technik Partner AG’s infringement, misappropriation, or violation a third party’s Intellectual Property Rights.

 

11.   TERMINATION OF THE SUBSCRIPTION

10.1 In general

 

The Parties shall have the right to terminate the Subscription by giving thirty (30) days prior written notice to the other Party, accompanied by all amounts due and payable to the other Party pursuant to these T&Cs that have been effectively completed as of the end of the thirty (30) days prior notice period, with effect at the end of the following calendar month.

 

Upon duly termination:

·       all rights and duties arising out of or related to these T&Cs become due with effect at the following end of the calendar month;

·       all rights and licenses granted to the Customer shall be terminated when the termination becomes effective; and

·       the Customer shall cease its use and provision of the App by effective termination.

 

10.2 Termination for cause

 

Either Party may, without limiting its other rights or remedies, terminate the Subscription with immediate effect with written notice to the other Party if the other Party is in material breach of all or any part of these T&Cs (and for this purpose a material breach may be a single event or a series of events taken together) and either:

·       that breach is not capable of remedy; or

·       that breach is capable of remedy and the other Party has failed to remedy that breach within fifteen (15) calendar days after receiving written notice requiring it to do so.

 

Upon duly termination:

·       all rights and duties arising out of or related to these T&Cs become due with immediate effect;

·       already invoiced amount (cf. art. 6.2) will be payable pro rata temporis within thirty (30) days after reception of the written notice to the other party.

·       all rights and licenses granted to the Customer shall be terminated when the termination becomes effective; and

·       the Customer shall cease its use and provision of the App by effective termination.

 

12.   MISCALLENOUS

11.1 Amendment of these T&Cs

 

Technik Partner AG shall have the right to amend these T&Cs at any time. Technik Partner AG shall previously publish the amendment of these T&Cs on the Platform. The amendment of these T&Cs shall be accepted by You, if You do not exercise Your termination option according to art. 10.1.

 

The latest valid version of the T&Cs can be viewed on the Platform.

 

11.2 Waivers

 

A Party’s failure or delay in enforcing any provision of these T&Cs will not operate as a waiver of the right to enforce that provision or any other provision of these T&Cs at any time. No waiver of any provision of these T&Cs will be valid unless in writing, specifying the provision to be waived, and signed by the Party agreeing to the waiver.

 

11.3 Severability

 

If at any time any provision of these T&Cs is or becomes fully or partially invalid or unenforceable, then neither the validity nor the enforceability of the remaining provisions or the remaining part of the provision shall in any way be affected or impaired thereby. The invalid or unenforceable provision or part thereof shall be replaced by a valid or enforceable provision which shall best reflect the original intention of Technik Partner AG and shall to the extent possible achieve the same economic result. The same applies mutatis mutandis in case of any gaps.

 

11.4 Assignment

 

The Customer may not assign or transfer these T&Cs, by operation of law or otherwise, without Technik Partner AG’s prior written consent. Any attempt by the Customer to assign or transfer these T&Cs, without such consent, will be null and of no effect. Technik Partner AG may assign or transfer these T&Cs, at its sole discretion, without restriction. Subject to the foregoing, these T&Cs will bind and inure to the benefit of the Parties, their successors and permitted assigns.

 

11.5 Governing Law

 

All disputes arising out of or related to these T&Cs (including in relation to any non-contractual obligations arising out of or in connection with it) will in all respects be governed by, and construed and interpreted under, the laws of Switzerland, without reference to conflict of laws principles. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to these T&Cs.

 

11.6 Jurisdiction

 

All disputes arising out of or related to these T&Cs (including in relation to any non-contractual obligations arising out of or in connection with it) will be subject to the exclusive jurisdiction of the courts of Zurich 1 (Switzerland). Technik Partner AG, however, shall be entitled to invoke any competent court worldwide.

 

 

November 16th, 2016

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