1. Applicability

The following terms and conditions apply for all products and services of Servolutions GmbH

2. Guarantee of satisfaction

All orders will be made with a guarantee of satisfaction for 1 year

A cancellation may follow without giving reasons in written form. An email is sufficient as long as you request and receive email confirmation from us.

3. Payment and retention of ownership

The buyer only acquires the right to use the products according to the specification upon receipt of payment in full by the vendor.

In case of delay of payment, access to the real-time location servers may be blocked.

All costs that are caused by abusing credit cards, reverse charging due to lack of credit etc., are paid by the customer.

Every abuse of credit cards or account information will be pursued.

All invoices are net tax and net withholding tax. Any additional taxes at expense of customer. Bank and credit card charges at expense of customer.

4. Rights and licenses

When buying software, the buyer acquires only the right to use the products according to the specification. All software packages remain the intellectual property of Servolutions GmbH.

The customer must take appropriate measures to ensure that the products will only be used according to license agreements inside the company. This especially applies to the protection against illegal copying of the software.

Licenses apply to one computer only. Moving a license from one computer to another is possible but you may need to contact us for this.

The customer is responsible for all damages which result from a violation of the copyright instructions or illegal use.

5. Server availability

Servolutions GmbH will take measures to ensure a high availability of the ServerPulse monitoring server. However, it is not possible to guarantee an uninterrupted availability.

The vendor guarantees that the server will be available and usable with the purchased version for a period of at least 10 years after purchase. If the transmission protocol changes in the meantime, an update will be provided to the customer free-of-charge if it is mandatory for further use.

6. Warranty and Limitation of Liability

The warranty period, if permitted by law, is defined as a period of 12 months from the point of the first provision of service. Within this period, the customer has the right to insist on correction of faults or replacement in the case of liability on the part of the vendor. If a limitation to 12 months is not permitted, the minimum permitted time span is defined.

A breach of warranty shall be defined as the absence or the defective operation of a warranted function, which shall not include (i) the suitability of the software for a particular purpose or (ii) the adjustment of costs and fees or limitations in the availability of conference call numbers. It is the obligation of the customer to verify prior to entering into the agreement, whether the purchased software is suitable for the intended purpose for legal or other reasons.

If Servolutions GmbH is not willing or able to remove the faults or deliver a replacement or the process fails for other reasons, the customer has the right to insist on revoking the contract or receiving an appropriate rebate on the purchase price.

NEITHER SERVOLUTIONS GMBH NOR ANY OF ITS EMPLOYEES AND LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE OR DATA INCURRED BY CUSTOMERS OR ANY THIRD PARTY, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CASES WHERE STATE OR COUNTRY LAW DOES NOT ALLOW SUCH LIMITATION THE LIABILITY SHALL IN ANY CASE BE LIMITED TO THE PRICE PAID FOR THE LICENSE.

7. Data protection

The customer's data will be stored in the form of email, name and address together with products bought for internal use. We never share any data with anybody.

8. Final clauses

Only Swiss law applies.

Alterations of contract must be in written form.

Revision: March 2013