General terms and conditions of business
1. Scope
These General Terms and Conditions ("GTC") apply to the business area of geoimpact AG, Schulhausweg 7, 4571 Lüterkofen, Germany (hereinafter "geoimpact"). geoimpact owns and operates the online platform Swiss Energy Planning (SEP), hereinafter referred to as the Platform, and provides paid and free services related to buildings, energy, and infrastructure. In addition, geoimpact offers consulting services and grants licensing rights. Furthermore, geoimpact sells products in the aforementioned area.
These Terms and Conditions apply to the above-mentioned areas as well as the other services which geoimpact provides directly and indirectly to the customer
2. Conclusion of contract
The contract is concluded by the customer's acceptance of geoimpact's offer regarding the purchase of services, products or licenses.
The contract is also concluded when the customer uses the services offered by geoimpact or purchases or uses geoimpact products (license).
3. Prices
Unless otherwise stated, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value-added tax (VAT) and any other applicable taxes.
geoimpact reserves the right to change prices at any time. The prices valid at the time of contract conclusion on the platform or in a separate price list apply. The prices valid at the time of contract conclusion apply to the customer.
4. Payment
The customer is obligated to pay the invoiced amount within 30 days of the invoice date, unless the amount has already been paid during the ordering process via credit card, PayPal, or other payment methods.
If the invoice is not paid within the aforementioned payment period, the customer will receive a reminder. If the customer fails to pay the invoice within the specified reminder period, they will automatically be in default. From the date of default, the customer will owe default interest at a rate of 5%.
geoimpact reserves the right to request advance payment at any time without giving reasons.
Offsetting the invoiced amount against any claim the customer may have against geoimpact is not permitted.
In case of late payment, geoimpact reserves the right to refuse to provide the service, deliver the product or grant the license.
5. Obligations of the company
5.1. Provision of services
Unless otherwise agreed, geoimpact fulfills its obligation by providing the agreed service. The service includes the services that are or were published in an offer or online at the time the contract was concluded.
A large portion of geoimpact's services are provided online. For all other services, geoimpact's registered office shall be the place of performance, unless otherwise agreed.
5.2. Auxiliary persons
The parties have the express right to engage auxiliary personnel to fulfill their contractual obligations. They must ensure that the engagement of auxiliary personnel is carried out in compliance with all mandatory legal provisions and any collective labor agreements.
6. License
6.1. Use
geoimpact grants the customer the right to use the platform's services and software. These rights of use are non-exclusive, non-transferable, and limited to the customer's use. The individual services and applications may only be used by the customer for internal purposes. Any transfer to third parties or any other commercial or other use is prohibited.
The programming code published under open source is subject to the respective declared license.
6.2. Save and customize
Saving or copying any data from the platform is prohibited. Caching and any technical means of minimizing service requests are also prohibited.
The Services are to be used in the form provided by geoimpact. Adaptations and modifications of the Services are not permitted.
6.3. Limitation
The platform's services and applications are available to the customer for the agreed period. After this period, the customer no longer has any right to use the platform.
7. Customer’s obligations
7.1 Exercise of rights of use
The customer is obligated to exercise the usage rights only to the extent granted. The customer is fully responsible for the secure storage of their access data and passwords. The customer is solely responsible for the content of the collected data and information.
The customer is obligated to promptly take all necessary precautions for geoimpact to provide the service. The customer must take these precautions at the agreed location, at the agreed time, and to the agreed extent. Depending on the circumstances, this may include providing geoimpact with appropriate information and documentation.
By accepting these Terms and Conditions, the customer also confirms that he or she has full legal capacity and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date, and complies with the rights of third parties, common decency, and the law.
7.2. Obligations to cooperate
The client is obligated to cooperate comprehensively and promptly. They must provide geoimpact with all documents required in connection with the provision of services without request, in full, and with correct content. geoimpact assumes that the information and documents provided are correct and complete and comply with the statutory obligations to cooperate and provide information. geoimpact is only responsible for verifying the accuracy and correctness of the client's information, documents, and figures if this has been agreed upon in advance in writing.
7.3 Further obligations
geoimpact is entitled to monitor the behavior of customers in connection with their use of the platform. In particular, geoimpact is entitled to review the legality of the content posted by customers on the platform at any time.
8. Withdrawal
8.1 Services
Both parties have the right to withdraw from the contract at any time. The withdrawing party must fully reimburse the other party for any expenses already incurred. Withdrawal at an inopportune time is not permitted. The customer will be invoiced for the costs incurred by the withdrawal. The exact amount will be communicated to the customer upon conclusion of the contract.
8.2. Products
An exchange of products is generally excluded.
8.3. License
The customer receives from geoimpact the right to use the platform for the agreed period. Cancellation after the order is placed is no longer possible, even if the platform has not been used. The agreed fee is due for the contractual period.
9. Upgrade / Add-on
An upgrade from a smaller to a larger package is possible at any time. However, downgrading is not possible. If the customer selects a larger package and does not receive all the services, they are not entitled to a refund.
Add-ons selected for the package cannot be deselected at a later date. Once the add-on service has been provided, it will be charged in full; any refunds for unused add-ons are excluded.
10. Ownership and Use
Ownership of the products remains entirely with geoimpact. By purchasing a product, the customer purchases the right to use the product for a specific period of time. Until the purchase price has been paid in full to geoimpact, the customer may not dispose of the products, in particular, they may not sell, rent, pledge, or otherwise transfer them.
11. Warranty
geoimpact ensures the availability of the platform and takes appropriate precautions to protect the platform from interference by third parties.
However, geoimpact cannot guarantee the uninterrupted and trouble-free functioning of the platform and the services offered, nor can it guarantee that the files are virus-free. Geoimpact provides no guarantee for the factual and content-related accuracy, completeness, reliability, or quality of the published or transmitted information and documents, nor for the work results of the services. Furthermore, it cannot guarantee the absence of spamming, malicious software, spyware, hackers, or phishing attacks, etc., which could impair the use of the service, damage the customer's infrastructure (e.g., end devices, PC), or otherwise harm the customer. Any problem or defect must be reported to geoimpact immediately.
Any defect must be reported to geoimpact immediately. Geoimpact reserves the right to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price. Reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins anew for the repaired item; the original warranty period continues for the remaining parts of the product.
12. Liability
Liability for any indirect damages and consequential damages is completely excluded.
Liability for direct damages is limited to the amount of the service, product, or license purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
geoimpact assumes no liability for unintentional infringement of third-party rights.
The customer is obliged to report any damage to geoimpact immediately.
Under no circumstances can the persons involved in the development and processing of the data or their assistants be held liable for any damage, regardless of the reason for the damage.
14. Data protection
Geoimpact may process and use the data collected during the contract conclusion to fulfill its contractual obligations. Geoimpact will take the measures required to secure the data in accordance with legal regulations. The customer fully consents to the storage and contractually compliant use of their data by geoimpact and acknowledges that geoimpact is obligated and authorized to disclose customer information to these or third parties upon order of courts or authorities. The data necessary to fulfill the service may also be passed on to commissioned service partners or other third parties.
All information regarding data protection is available on the geoimpact website. The version of the privacy policy available at https://geoimpact.ch/datenschutz applies.
15. Changes
These General Terms and Conditions may be changed by geoimpact at any time.
The new version will come into effect upon publication on the geoimpact website.
The version of the Terms and Conditions in effect at the time the contract is concluded generally applies to customers, unless the customer has agreed to a more recent version of the Terms and Conditions.
16. Priority
These Terms and Conditions take precedence over all previous provisions and agreements. Only provisions from individual contracts that further specify the provisions of these Terms and Conditions take precedence over these Terms and Conditions.
17. Severability Clause
Should any provision of this agreement or any appendix to this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any gaps in the contract.
18. Confidentiality
Both parties, as well as their agents, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in effect even after termination of the contract.
19. Force majeure
If timely performance by geoimpact, its suppliers, or third parties is prevented due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents, or reactor damage, geoimpact shall be released from its obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, geoimpact may withdraw from the contract. geoimpact shall fully reimburse the customer for any payments already made.
Any further claims, in particular claims for damages resulting from vis major, are excluded.
20. Applicable law / Place of jurisdiction
These Terms and Conditions are governed by Swiss law. Unless mandatory statutory provisions apply, the court at geoimpact's registered office shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
geoimpact AG, September 1, 2023