Terms and Conditions and Privacy Policy

Article 1 – Ingress The company Bexolutions GmbH. (hereinafter referred to as Bexolutions) is a company that specializes in coaching and consulting services for other companies, as well as development of websites and applications, and in the creation, conception and implementation of communication, advertising and marketing projects. The following terms and conditions are mainly related to the development of websites and applications. 

Article 2 – Purpose These general terms and conditions define the contractual rules between the customer (hereinafter referred to as the Client) and Bexolutions. The points agreed with the customer in the respective order confirmations take precedence over the general terms and conditions. 

Article 3 – Client’s cooperation The Client agrees to assist in the coordination and implementation of the project and to provide Bexolutions with all necessary information and materials, as well as to meet mutually agreed deadlines. The Client is aware that a lack of or inadequate cooperation on his part may cause additional expenses and in particular delays, for which Bexolutions cannot be held responsible. 

Article 4 – Delivery and Acceptance 1. Bexolutions presents the services described in the contract in accordance with the mutually agreed upon schedule. 2. as soon as the client has given his consent to the result of the work, the implementation will take place. The contract is then considered to be fulfilled. In the case of consulting and coaching work refer to the terms and conditions for the individual contract.

Article 5 – Rights to the Creative Work Product 1. upon payment of the fee, the client acquires the unrestricted, worldwide, transferable, royalty-free right to use the Creative Work Product. 2. the property as well as all industrial property rights, including copyright, remain with Bexolutions. 3. the client grants Bexolutions the right to discreetly place its company name with a corresponding reference to its function as author on the work result. 4. bexolutions is the owner of the copyrights of the programs created by bexolutions, even if they were designed and programmed especially for the client. 5. the source code of the programming remains the property of Bexolutions. If desired, the source code can be handed over to the customer. The transfer of the source code to the customer constitutes a right to compensation, for which a separate fee of 50% of the initial project value is due. 

Article 6 – Warranty for freedom from defects 1. Bexolutions guarantees the execution of the agreed work with due care and expertise, which is necessary to produce a high quality product and to use it – with the use of modern technology – according to its purpose. 2. 2) Bexolutions undertakes to remedy defects caused by the work of Bexolutions free of charge during a warranty period of three months after fulfillment of the contract. 3. if open source software is used, Bexolutions does not assume any warranty for malfunctions already contained in the basic version. If necessary, these must be remedied at the expense of the customer.  

Article 7 – Legal guarantee 1. the customer assures that the materials, documents, pictures, texts, sound works etc. provided to Bexolutions are in his/her property or that he/she has obtained a license from the entitled parties. 2. Bexolutions assures that only materials, documents, pictures, texts, sound works etc. have been used for the creation of the homepage: I. which have been assigned by the customer, or II. which have been developed by Bexolutions’ own personnel, or III. which are free of respective property rights, or IV. for which a license has been obtained from the entitled party. 

Article 8 – Exclusion of liability Bexolutions excludes, to the extent permitted by law, any liability for damages in connection with the performance of the contract. 

Article 9 – Confidentiality Bexolutions undertakes to keep confidential all business secrets, documents and other information received from the client in connection with the execution. Bexolutions is also obligated to keep confidential any third parties involved in the fulfillment of the contract. This obligation continues after the fulfillment or cancellation of the contract. 

Article 10 – Advertising Bexolutions may use screens and applications for advertising purposes and PR activities for its own purposes and in compliance with article 9 of this contract. 

Article 11 – Duration of the contract, right of termination 1. the contract ends automatically with the fulfillment of the services described in the contract. 2. If the delivered product includes maintenance services, the modalities for this shall be regulated in a separate agreement. 3. If the delivered product includes a hosting operating agreement, the modalities for this shall be regulated in a separate agreement. 4. if the delivered product includes a consulting service operating agreement, the modalities for this shall be regulated in a separate agreement. 

Article 12 – Further developments All services that are not expressly listed in the order confirmation shall not be included in the flat-rate remuneration specified therein. This includes, in particular, changes, updates and further developments (so-called updates) of a product. Such further orders shall be subject to separate negotiations. 

Article 13 – Late payment In case of late payment, a fee of CHF 280.- plus a default interest of 9% per annum will be charged for reminder and processing fees. In case of late payment by the customer, Bexolutions is entitled to charge third parties with the collection of outstanding payments as well as to assign the claims to third parties in Switzerland and abroad. 

Article 14 Browser Compatibility Statement Developing software that works on multiple web browsers is a must, and we want to ensure that our customers are not limited by the web browser they use. However, we recognize that developing websites that function identically, effectively and efficiently on all web browsers is impossible to achieve. 

Article 15 – General & Jurisdiction The masculine form chosen in the text includes the feminine form. The place of jurisdiction is Zurich ZH (Switzerland) 

Article 16 – All sales are final unless otherwise stated.

Cancelation of subscription services may be canceled at anytime unless otherwise stated. The cancellation or billing will take place on the next billing date and amount already paid will not be reversed unless otherwise stated.

Any refunds shall be issued in the same manner as the payment.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Bexolutions GmbH and while we attempt to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Bexolutions GmbH. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Bexolutions GmbH takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Privacy Policy

The processing of your personal data is carried out exclusively on the basis of a justification set out in Art 6 para 1 GDPR, primarily for the purpose of providing the contractually assured services (e.g. processing of inquiries, processing of a contractual relationship, etc.) and for the purpose of fulfilling various legal obligations, as well as in individual cases on the basis of our legitimate interests (Art 6 para 1 lit f GDPR). The data is also processed on the basis of individual storage and documentation obligations, which arise in particular from the UGB, the BAO and other statutory provisions. Within our website, only those customers are granted access to the personal data provided to us who require it within the scope of the aforementioned purposes. We process and store the personal data provided only as long as this is necessary for the fulfillment of the aforementioned purposes. After the purpose has been achieved, as well as after the expiration of legal retention obligations, this data will be deleted.

Furthermore, personal data may also be transferred to order processors (suppliers, etc.) used by us if they comply with the data protection requirements specified by us in writing and undertake to maintain confidentiality vis-à-vis us. For this purpose, an order processing agreement is concluded with the service providers used in accordance with Art 28 GDPR. A data transfer to countries outside the EU or the EEA (so-called third countries) will only take place if this is necessary for the performance of the contract. Under no circumstances will your data be passed on for advertising purposes or similar.

To the extent that we act as a data controller, we will comply with the information obligations pursuant to Articles 13 and 14 of the GDPR.

In the event of a personal data breach (data breach), the contracting party that caused or is responsible for this data protection incident will make the decision on any notification to the data subject and/ or the data protection authority. For the deletions of personal data, both you and we are each responsible for their own area of responsibility.

Inasmuch as we are the responsible party vis-à-vis you, you are entitled to the following data subject rights vis-à-vis us, provided that these do not violate statutory provisions: The right to information as to whether and, if so, which personal data are being processed; the right to receive copies of the personal data stored; the right to correct, supplement or delete the personal data; the right to restrict the processing of the personal data; the right to transfer the personal data; under certain conditions, the right to object to the processing of the personal data; the right to withdraw the consent given at any time, without this affecting the lawfulness of the processing carried out as a result of the consent until the possible withdrawal of consent; the right to lodge a complaint with the competent data authority (Swiss Data Protection Authority); the right to be informed about the identity of third parties to whom the personal data are transferred.

No data protection officer has been appointed, as there is no legal necessity to do so.

We reserve the right to change this privacy policy at any time in compliance with applicable data protection regulations.

Web Analytics / Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). We have concluded a corresponding contract with the provider for commissioned data processing. The relationship with the web analytics provider is based on the adequacy decision of the European Commission (“Privacy Shield”). The data processing is based on the legal provisions of § 96 para 3 TKG as well as Art 6 para 1 lit a (consent) and f (legitimate interest) of the GDPR.

This website uses Google Analytics with the extension “_anonymizeIp()”, whereby IP addresses are only processed in abbreviated form in order to exclude direct personal reference. For more information, please click http://www.google.com/privacy/privacy-policy.html

Your rights
You are generally entitled to the rights of access, rectification, erasure, restriction, data portability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in some way, you can complain to the supervisory authority. In Switzerland, this is the data protection authority.

Conditions

By using this site, purchasing anything here, and in general ticking the box that you agree to the terms, condition, and privacy policy, you agree to everything herein and content to the usage and storing of cookies.

To have your data removed you can write freeform per Email to Bexolutions GmbH using any public available email address.