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General Terms and Conditions (GTC)

Permagroup GmbH, Neue Allmendstrasse 44, 8703 Erlenbach (hereinafter "Permagroup")
 

1. Scope of Application

1.1. These General Terms and Conditions (hereinafter "GTC") govern the conclusion, content, and execution of any number of supply and usage contracts between Permagroup and its customers (hereinafter "Customer"). Permagroup reserves the right to amend these GTC at any time. The current version of the GTC is published on the Permagroup website (www.permagroup.ch). The version in force at the time applies.
1.2. By entering into the contract pursuant to Section 2.1, the Customer confirms that they have carefully read and accepted the GTC.
 

2. Conclusion of Contract

2.1. Permagroup refers to these GTC in its offers and contracts. The Customer accepts these GTC upon receipt of data files, data carriers, or internet access data, but no later than upon acceptance of offers or signing of contracts. The Customer’s general terms and conditions or delivery terms do not apply, even if referred to in their offers or related documents.
2.2. The exact content of goods and services provided by Permagroup is specified in the respective offer from Permagroup or in individual contracts.
 

3. Prices / Licenses

3.1. The prices for all services are derived exclusively from Permagroup’s written confirmation or a separate individual contract.
3.2. If no specific written agreement has been made, invoicing will be based on Permagroup’s rates in effect at the time of the order.
3.3. Changes to the quantity structure underlying the offer or separate contract, or subsequently requested technical modifications, may lead to a change in the quoted prices.
3.4. Material, ancillary costs, and expenses are not included in the prices or licenses and will be invoiced at the applicable rates according to the agreement (offer, signed order confirmation, individual contracts, etc.).
 

4. Payment Terms

4.1. All prices are net prices and subject to statutory value-added tax. Invoices are payable in advance and must be settled within 30 days of issuance.
 

5. Rights of Use and Exercise of Rights

5.1. For the duration of this agreement, the Customer is granted a simple, non-sublicensable right to use the database access, information, and software provided.
5.2. Permagroup creates individual access credentials for the Customer. The Customer undertakes to maintain the confidentiality of access data and passwords and ensures that only authorized users have access. Passing on access data to unauthorized third parties is not permitted. If the Customer becomes aware of misuse, Permagroup must be informed immediately. Access to databases and services is via the internet.
5.3. The Customer shall use the services provided only in compliance with applicable laws. In particular, the Customer ensures compliance with data protection and copyright regulations and indemnifies Permagroup against any claims brought by third parties against Permagroup due to violations of these provisions.
5.4. If the Customer is a reseller, usage restrictions may be amended in individual contracts. Notwithstanding this, the Customer remains liable to Permagroup for compliance with these contractual conditions by the end customer. In addition, the Customer must ensure the traceability of all resale transactions at all times.
5.5. Upon termination of the contract, the Customer’s right and ability to access the database, information, and software expire. No later than 30 days after termination of the contract, Permagroup will delete the collected data from all systems.
 

6. Support

6.1. In the event of technical issues, the Customer may contact Permagroup during normal business hours (08:00 to 17:00) at support@permagroup.ch.
 

7. Term and Termination of Contract

7.1. Unless otherwise agreed in the individual contract, the minimum term for license agreements is twelve months. The contract is automatically extended for a further twelve months unless terminated in writing by either party with 30 days’ notice prior to the end of the contract year.
7.2. Permagroup has the right to terminate the contract without notice if the Customer, alternatively:

  • provides false information about themselves at registration or during the subscription term,

  • alters or manipulates data or the Permaleads tracking code in any way,

  • publishes racist, pornographic, or otherwise immoral content on their website, or

  • violates these GTC.
    7.3. After the subscription ends, the Customer is no longer entitled to use Permagroup’s services and must remove the Permaleads tracking code integrated into their website within five working days.
     

8. Liability

8.1. Permagroup, including its organs, employees, or vicarious agents, excludes liability for damages of any kind. This exclusion does not apply:
8.1.1. to damages caused by gross negligence or intent on the part of Permagroup.
8.1.2. to damages arising from the breach of essential contractual obligations by Permagroup. If the Customer incurs damage due to a delivery delay caused by Permagroup, the Customer may claim compensation only up to the order value of the relevant service. If Permagroup is in default, the Customer may withdraw from the order after granting Permagroup a reasonable grace period combined with notice of withdrawal if performance is not rendered within the grace period.

8.2. Permagroup expressly reserves the right to partially modify or supplement products. However, Permagroup ensures that no changes are made that restrict use.
8.3. Permagroup is not liable for the accuracy of data, system-related outages, outages caused by third-party attacks, or other causes outside its sphere of responsibility.
8.4. In particular, Permagroup does not guarantee that all Customer requirements will be met or that the included functions will operate continuously and without error.
8.5. Permagroup is not liable for content in direct or indirect references to external websites (hyperlinks) outside Permagroup’s responsibility.
 

9. Data Protection

9.1. Permagroup undertakes to comply with statutory data protection regulations. Customer data and information are treated confidentially and processed only insofar as necessary for maintenance or operational purposes. Data and information must not be disclosed to third parties. Permagroup undertakes to take appropriate organizational and technical measures to secure data and protect it against unauthorized access.
9.2. The Customer acknowledges that, according to the current state of technology, comprehensive data protection for transmissions in open networks such as the internet cannot be guaranteed. Despite extensive technical and organizational security measures, data may still be lost, intercepted, or manipulated by unauthorized parties. The Customer is therefore responsible for securing the data obtained from Permagroup.
9.3. The Customer shall indicate on their website, in compliance with applicable data protection regulations, that information from web visitors is collected and used for analysis.
9.4. Use of user analytics by Permaleads: Permaleads is a website analytics tool for analyzing user behavior and identifying the IP addresses of legal entities for marketing purposes. The use of this service requires that data regarding user behavior (e.g., IP address, time of access, user activity, browser request, etc.) is transmitted directly to the analytics servers and made available exclusively for the Customer’s use. The collected data is treated strictly confidentially and will neither be sold nor passed on to third parties. Website visitors who do not wish to be identified may send an email to optout@permagroup.ch.
 

10. Miscellaneous

10.1. Following prior consultation, the Customer agrees to provide free reference information and allows Permagroup to use the Customer’s logo with a brief description of the services provided on its websites.
10.2. The contractual relationship between the parties is governed exclusively by Swiss law.
10.3. The place of jurisdiction for all disputes arising from this contract and its execution shall be, at the choice of the claimant, either the Customer’s registered office or the registered office of Permagroup.

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