General terms and conditions for using datalevel services
By using datalevel services, you (hereinafter referred to as the “customer“) agree to the General Terms and Conditions of Business (TCB) of datalevel AG, Risistrasse 32, CH-8903 Birmensdorf – hereinafter referred to as datalevel. So please read them carefully.
These TCB apply to all services provided by datalevel for a customer as part of a contractual relationship. The contract is based on the version of the TCB that applies when the contract is signed.
When an order is placed online (the price quotation is accepted) or a contract between datalevel and the customer is signed, the TCB are regarded as being accepted by the customer in their entirety. The customer’s General Terms and Conditions of Business do not form part of the contract.
Services provided by datalevel
The content and extent of the services provided by datalevel are based on those described on the datalevel website or in the price quotation provided. Datalevel endeavours to provide its online services as continuously as possible without interruption. However, datalevel offers no guarantee of permanent access to its services with no interruptions. Nor can datalevel guarantee that its online services can be used without problem by all end devices.
The applicable prices for datalevel services will be communicated to the customer in a personal price quotation or will form part of a valid partnership agreement between datalevel and the customer. Datalevel is entitled to change the cost of its services at any time.
Terms of payment
Payment is normally on receipt of our invoice, and is due within 30 days of the date of invoicing. For first-time instructions, datalevel may request a deposit and the customer will be notified to this effect in the price quotation.
When the agreed deadline for payment has passed, the customer will be regarded as being in arrears, with no further warnings being issued.
Liability of datalevel
Liability for data
Datalevel processes the data sent by the customer with the utmost care and carries out suitable technical checks to ensure the greatest possible accuracy and integrity of the data. Nevertheless, datalevel is unable to give any guarantee of the correctness or completeness of the end result. Certain inaccuracies may also occur when calculating the results; for example these may arise from currency conversions, if the original exchange rate for the transaction is not available.
Disclaimer of liability
Datalevel accepts liability only for losses caused deliberately or by gross negligence. Datalevel cannot be held liable for losses caused to the customer as a result of an interruption to, or malfunction of, the online services. The same applies to any faults occurring at third-party companies with which datalevel works or on which datalevel is dependent.
Limitation of liability
Datalevel’s liability is limited to the value of the contractually agreed services.
Liability claims against datalevel expire under the statutes of limitation six (6) months after they are made (absolute statute of limitation).
Obligations of the customer
The customer is responsible for the safekeeping of their access data to datalevel online services. The customer is obliged to inform datalevel immediately if there is any suggestion that their access data may have been used without authorisation.
Amendments to the TCB
Datalevel is entitled to add to or amend these TCB at any time. The latest TCB can be seen on the datalevel website at any time.
Applicable law and place of jurisdiction
Datalevel’s online services and any agreements between datalevel and the customer are subject to Swiss law (with the exception of conflict-of-law rules).
For all disputes between the customer and datalevel relating to datalevel services, the sole place of jurisdiction is Zurich.