Terms and Conditions (T&C) of Torus Swiss GmbH / Fair-IT Solutions
Torus Swiss GmbH / Fair-IT Solutions always strives to provide services in a manner that is efficient, courteous, punctual and in compliance with the contract. Should problems nevertheless arise, Torus Swiss GmbH / Fair-IT Solutions undertakes to seek a solution with all parties involved quickly and unbureaucratically through appropriate intervention.
1. Validity of the T&C
These Terms and Conditions (T&C) apply to all services or products provided or offered by Torus Swiss GmbH / Fair-IT Solutions. The T&C are considered tacitly accepted in every business relationship. Customers are any natural or legal persons who have concluded a contract with Torus Swiss GmbH / Fair-IT Solutions. The T&C are based on Swiss law and apply within Switzerland. Side agreements, assurances and other agreements as well as changes and additions to the contract must be made in writing in order to be valid. The T&C form an integral part of the contract between the client and Torus Swiss GmbH / Fair-IT Solutions. Torus Swiss GmbH / Fair-IT Solutions is entitled to change or supplement these T&C at any time. The currently valid T&Cs are published on the website www.fairITsolutions.com
Torus Swiss GmbH / Fair-IT Solutions offers services that are available over the internet. The services are provided not only by Torus Swiss GmbH / Fair-IT Solutions itself, but also by the verified independent experts and specialists and sub-contracting companies it commissions. In all cases, however, contractual relationships exist exclusively with Torus Swiss GmbH / Fair-IT Solutions and not directly with the respective specialist and sub-contractors.
Torus Swiss GmbH / Fair-IT Solutions provides its services exclusively on the basis of these T&C; the T&C are considered accepted with any order to Torus Swiss GmbH / Fair-IT Solutions. Deviating conditions of the client are hereby expressly excluded.
Conclusion of contracts and/or order confirmations are regarded as having come about when the client and Torus Swiss GmbH / Fair-IT Solutions have agreed on the scope of services contained therein. The agreement can be reached by signing the mentioned documents as well as via electronic confirmation (email) by referring to the offer, order confirmation or contract in question.
Insofar as the fulfillment deviates from the agreed requirements, the client must set a reasonable period of time for correction by Torus Swiss GmbH / Fair-IT Solutions. After the expiry of the set deadline for correction, the client may demand the rescission of the contract if the issue has not been remedied in time. Correction is excluded if the deviations have been caused by the client himself, e.g., due to incorrect or incomplete information or incorrect content (pictures, documents, templates, websites).
The client may cancel the order with Torus Swiss GmbH / Fair-IT Solutions in writing. The services provided up to the cancellation may be invoiced by Torus Swiss GmbH / Fair-IT Solutions.
5. Payment Terms / Invoicing / Default
All agreed and published prices are exclusive of applicable value added tax. Unless stated otherwise, prices are in Swiss Francs (CHF). Torus Swiss GmbH / Fair-IT Solutions invoices the customer for the services at the agreed price or at the agreed minimum order fees and payment terms, excluding the applicable statutory value added tax. Invoices are usually available in .pdf format only and are sent by
email. The applicable payments are payable immediately upon receipt of the invoice and without deductions. In case of late payment, Torus Swiss GmbH / Fair-IT Solutions is entitled to initiate debt collection without warning. The administrative expenses for reminders and debt collection will be charged to the defaulting payer.
Claims for damages against Torus Swiss GmbH / Fair-IT Solutioins arising from the contract, fault in the conclusion of the contract (culpa in contrahendo), positive breach of contract and default are excluded to the extent permitted by law. Liability for ancillaries is excluded in every case.
7. Exclusion of Guarantee
Torus Swiss GmbH / Fair-IT Solutions makes no guarantee that the respective processing (translation, sound recording, filming, etc.) is permitted and suitable for the intended use of the client. This applies in particular in the event that the delivered content (text, images, websites, etc.) is published or used for advertising purposes. The legal risk of usability or publication is the sole responsibility of the client.
Torus Swiss GmbH / Fair-IT Solutions has confidentiality agreements with all employees and service providers. Employees, external specialists and sub-contractors are required to maintain strict confidentiality and data privacy. Torus Swiss GmbH / Fair-IT Solutions makes every effort to maintain the confidentiality of the content provided in accordance with the latest technology. However, Torus Swiss GmbH / Fair-IT Solutions cannot guarantee 100% confidentiality due to the nature of electronic data communication.
The client undertakes not to solicit or employ any of Torus Swiss GmbH / Fair-IT Solutions own employees or subcontracted professionals and companies for the duration of the cooperation and for a period of one year thereafter or without the consent of Torus Swiss GmbH / Fair-IT Solutions. For each case of culpable infringement, the client undertakes to pay a contractual penalty of 30,000.00 CHF. The payment of a contractual penalty does not exempt the client from complying with the non-solicitation clause.
10. Rights of Use
The rights of use of creations such as websites, texts, storybooks, manuscripts, screenplays, presentations, layouts, print materials, voice-overs, etc. are held exclusively by Torus Swiss GmbH / Fair-IT Solutions. After completed and paid production, rights of use are transferred to the client free of charge.
11. Applicable Law and Place of Jurisdiction
These T&C are exclusively subject to Swiss law. The place of jurisdiction is the seat Torus Swiss GmbH / Fair-IT Solutions.
12. Seat / Company / Responsibility / Effective Date
Torus Swiss GmbH / Fair-IT Solutions
Torus Swiss GmbH / Fair-IT Solutions is a service provider listed in the Commercial Register of the
Canton of Zurich (CH-020.4.044.316-5) under the business identification number (BID): CHE-
VAT number: CHE-323.767.746 MWST
Annemarie M. Sickeler is the owner / manager and responsible for Torus Swiss GmbH / Fair-IT Solutions Zürich, April 2020
Note: Male pronouns are representative of both sexes.