The following General Terms and Conditions (hereinafter referred to as "GTC") apply between the customer listed in the agreement and Tresio AG (hereinafter referred to as "TRESIO"), unless otherwise required by law in individual cases or unless the parties expressly agree otherwise in writing.
The GTC apply to all services and products (hereinafter jointly referred to as "services") that TRESIO provides to the customer within the framework of the cloud-based software solution TRESIO (hereinafter referred to as "software"). The type and scope of the contractual services are further determined by the price overview of TRESIO, as well as the current service descriptions on the TRESIO website www. tresio.ch. These GTC shall be deemed to have been accepted by the customer at the latest upon use of the corresponding services.
Obligations of TRESIO
TRESIO provides its customers with services via the Medium Internet in the field of business software.
TRESIO is constantly developing the software and will improve it through ongoing updates and upgrades.
TRESIO strives for an impeccable quality of its services. Faults that are within tresio's sphere of influence will be rectified as soon as possible.
TRESIO continuously monitors the functionality of the software and immediately eliminates all software errors in accordance with the technical possibilities. An error exists in particular if the software, which does not fulfill the functions specified in the service description, delivers incorrect results, interrupts the run uncontrollably or does not work properly in any other way, so that the use of the software is impossible or limited.
Obligations of the customer
The customer is obliged to use the services of TRESIO in accordance with the contract during the term of the contract and to pay for the services on time.
The customer must follow all security instructions recommended by TRESIO, in particular to store passwords carefully and not to pass them on to third parties.
The customer is obliged to prevent unauthorized access by third parties to the software by taking appropriate precautions. For this purpose, the customer will, if necessary, inform his employees of compliance with copyright law.
The customer is responsible for entering and maintaining his data and information required for the use of the services.
TRESIO accepts no liability whatsoever for any loss, damage or defect in connection with the Services resulting from inaccurate or incomplete or otherwise incorrect data and information of the Customer.
Duration of contract and ordinary termination
Depending on the choice of the billing cycle, the duration of the contract is one month or one year and is automatically extended by another month or one year.
Cancellations can be made online in the user account under "my subscription". Depending on the choice of contract, the contract can be terminated monthly or annually without notice period to the end of the current contract period. The automatic contract renewal also ends with the termination.
TRESIO is free to terminate the contract immediately for good cause. An important reason for the immediate termination of this contract lies for TRESIO in particular if the customer
a. falls into bankruptcy or the opening of bankruptcy was rejected for lack of assets,
b. is in default with payment obligations arising from this contractual relationship to the extent of at least one month's remuneration and he has been unsuccessfully reminded by setting a grace period of two weeks and under threat of termination of the contract,
c. culpably violates legal provisions of the agreement when using the contractual services or interferes with copyrights, industrial property rights or name rights of third parties when using the distributed services for the purpose of promoting criminal, unlawful and ethically questionable acts.
Prices and terms of payment
The services are paid in advance for each month or for a whole year, depending on the choice of the billing cycle.
The payments are settled via the customer's credit card provider, in exceptional cases TRESIO can agree to the payment of the fees via bank transfer. In the event of non-timely receipt of payment, TRESIO has the right to immediately discontinue contractually guaranteed services or to deviate from the service level.
This right includes the blocking of online access. Furthermore, in this case, TRESIO has the unilateral right to terminate the agreement without notice and extraordinarily.
TRESIO is entitled to make an adjustment of the fees and service contents with a notice period of 1 month. Prerequisites and reasons for such a change in performance are in particular the technical progress and the further development of the software. The change is made in the manner and to the extent that the scope and performance of the software are changed. If the customer does not want to continue the contract at the changed tariffs, he is entitled to terminate the contract on the end date of his currently paid invoice cycle.
The price overviews valid at the time of conclusion of the contract and further specifications for the individual services, which are available on the TRESIO website www. tresio.ch are published.
Rights of use of the software & intellectual property rights
TRESIO shall make the TRESIO software solution available to the customer for the duration of the contract in the current version via the Internet for a fee. For this purpose, TRESIO stores the software on a server that is accessible to the customer via the Internet.
Any intellectual property rights associated with TRESIO or associated intellectual property rights, in particular software, remain with TRESIO or.dem respective rights holders. The customer receives a non-transferable, time-limited and non-exclusive right to use these rights in accordance with the contract. The customer is not entitled to any further rights.
The customer is not entitled to reproduce, modify, distribute, sell or rent any part of the software. The TRESIO software may not be reverse engineered, nor may an attempt be made to extract the source code.
The customer may only reproduce and edit the software if this is covered by the intended use of the software according to the current service description. The necessary duplication includes the loading of the software into the main memory, but not the even temporary installation or the storage of the software on data carriers (hard disks or similar) of the hardware used by the customer.
A free transfer or resale of services to third parties may only take place with the prior written consent of TRESIO. Third parties within the meaning of this regulation are also companies affiliated with the customer.
Data protection & information exchange
TRESIO undertakes to maintain the strictest secrecy about all data of the customer that comes to its knowledge in the course of fulfilling the services and not to pass them on or to exploit them in any other way. This applies to any unauthorized third parties, i.e. also to unauthorized employees of both TRESIO and the customer.
Excluded from this is the disclosure of information that is necessary for the proper fulfilment of TRESIO's contractual obligations. These obligations include finding and brokering optimal financial solutions for the customer in the area of treasury services and cash flow management, provided that the customer has chosen the appropriate option within TRESIO.
The obligation of confidentiality shall continue beyond the termination of the contractual relationship. The above obligation does not prevent TRESIO from performing the same or similar services for other customers while maintaining confidentiality.
The parties may use electronic media such as telephone, websites and e-mail for their communication in the context of the execution of the contractual relationship. In the case of electronic transmission, data may be collected, destroyed, manipulated or otherwise adversely affected, as well as be lost for other reasons and arrive late or incomplete. Each party must therefore take appropriate precautions on its own responsibility to ensure error-free transmission or receipt as well as the detection of elements that are defective in content or technology. The customer acknowledges that absolute protection is not possible.
For easier use of the software, TRESIO may enable the customer to connect bank accounts. The customer declares and guarantees that he has expressly authorized the banking institution entrusted with the collection of the customer's bank data to provide TRESIO with the information necessary for the provision of the services covered by banking secrecy. TRESIO cannot be held liable in the event of a breach of banking secrecy in connection with the Customer's bank details in the context of the User's use of the Services.
When creating the user account, as well as when updating the user's personal data on the application and more generally in the context of the use of the application, TRESIO collects personal data of the user within the meaning of the General Data Protection Regulation (GDPR).
For further information on how TRESIO processes personal data, please refer to the data protection agreement.
The Customer may not misuse the Services in an abusive manner. The use takes place exclusively within the legal framework. TRESIO reserves the right to suspend or delete access if misuse is suspected.
The customer shall indemnify TRESIO against claims of third parties resulting from an improper use of the services by the customer. In the event of misuse to the detriment of the customer, TRESIO must be notified immediately.
Customers are obliged to treat passwords confidentially. The user is responsible for activities in the user account.
TRESIO provides the customer with storage space on a server to store his data. TRESIO undertakes to always maintain this storage space in Switzerland.
TRESIO ensures that the stored data can be accessed via the Internet.
The customer is not entitled to transfer this storage space to a third party in whole or in part, against payment or free of charge, for use.
The customer undertakes not to store any content on the storage space whose provision, publication and use violates applicable law or agreements with third parties.
TRESIO is obliged to take appropriate precautions against data loss and to prevent unauthorized access by third parties to the customer's data. For this purpose, TRESIO will perform daily backups, check the customer's data for viruses and install firewalls.
Guarantee for services
TRESIO warrants the functionality and operational readiness of the software.
In doing so, TRESIO undertakes vis-à-vis the customer to carefully provide the contractually owed services, which are intended for the usual business customer use. However, TRESIO assumes no liability for:
a. a continuously uninterrupted and trouble-free functioning of the software;
b. content or services created by third parties or retrievable from third parties;
c. protection against malicious software, viruses, spamming, Trojan horses, phishing attacks, data and other criminal activities by third parties;
d. the avoidance of data loss as a result of malfunctions.
TRESIO is entitled to immediately block the storage space if there is a reasonable suspicion that the stored data is unlawful and/or violates the rights of third parties. A reasonable suspicion of illegality and/or an infringement of the law exists in particular if courts, authorities and/or other third parties inform TRESIO of this. TRESIO must inform the customer immediately of the removal and the reason for it. The ban must be lifted as soon as the suspicion has been refuted.
The customer undertakes to indemnify TRESIO against all claims of third parties based on the stored data and to reimburse TRESIO for the costs incurred due to possible infringements.
In connection with the use of the Services, TRESIO may send service announcements, administrative messages and other information. TRESIO can contact the customer via any channel.
TRESIO may, at its sole discretion, add, remove, suspend or permanently discontinue new functions at any time.
TRESIO assumes no liability for force majeure or damages for which TRESIO is not responsible or which have arisen as a result of the blocking or termination of services at the customer's premises.
Force majeure shall include all unforeseeable events as well as such events whose effects on the performance of the contract are not the responsibility of either party.
Liability for data loss is excluded in all cases.
Under no circumstances shall TRESIO or its subcontractors be liable for damages for which they are not responsible.
You are also not liable for:
a. lost profits (even if they are the direct consequence of the event causing the damage);
b. indirect or consequential damages (even if such damages or losses were foreseeable or TRESIO was advised of the possible occurrence);
c. lost business, sales, interest, financial income or unrealized savings.
TRESIO assumes no liability or obligations towards third parties who benefit from or use the services or gain access to these services.
Support and Customer Service
TRESIO will respond to the Customer's requests (by e-mail or telephone) regarding the use of the Software and other services within the business hours www.Tresio.ch published on the Website as soon as possible after receipt of the respective question by telephone or in writing. The customer's access and the prioritization of requests are carried out in accordance with the selected service level agreements (specified in the individual packages, available at www. tresio.ch).
Impairment of accessibility
Adjustments, changes and additions to the contractual services as well as measures that serve to determine and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
The monitoring of the basic functions of the software takes place daily. Maintenance is generally carried out from Monday to Friday 08:00 - 18:00. In the event of serious errors - the use of the software is no longer possible or seriously restricted - maintenance takes place within 24 hours of knowledge or communication by the customer. TRESIO will inform the customer of maintenance work in good time and carry it out as quickly as possible.
Modification of contractual conditions by TRESIO
TRESIO reserves the right to change the terms and conditions of the contract at any time if justified by TRESIO's legitimate interests. Changes will be communicated to the customer in an appropriate form and with a reasonable notice period of up to 30 days.
All notices must be sent in writing to the addresses indicated, unless a stricter form is necessarily provided for in this contract or by law. The sending of an e-mail satisfies the written requirement in each case.
The contracting parties are obliged to notify the other contractual partner immediately of changes of address, otherwise notifications at the last address notified in writing shall be deemed to have been received with legal effect.
With the exception of Customer's payment obligation for the Services provided, neither party shall be responsible for any failure to perform any obligations under this Agreement for reasons beyond its own control.
In the event of the total or partial invalidity of individual clauses of this agreement, any invalid provisions shall be reinterpreted, supplemented or replaced in such a way that the economic purpose pursued by the invalid provision is achieved. The same applies in the event that there are loopholes in this agreement.
Place of jurisdiction and applicable law
The contract is subject to Swiss law. For all disputes arising in the course of the execution of this contractual relationship, Zurich is agreed as the exclusive place of jurisdiction.
For easier readability, the general terms and conditions are provided in different language versions. The original version in German is authoritative, TRESIO cannot be held liable for any misunderstandings due to possible translation errors.