Vivo Solutions is part of the AD Media Group.
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all business relationships between Vivo Solutions (hereinafter „we,“ „us,“ or „Vivo Solutions“) and our customers (hereinafter „customer“ or „you“).
1.2 Deviating terms of the customer shall only be recognized if we explicitly agree to them in writing.
1.3 These GTC apply to both one-time and ongoing business relationships, regardless of the form of contract conclusion.
2. Services and Scope
2.1 Vivo Solutions provides IT services and consulting in the following areas:
IT infrastructure management
Cloud strategy & migration
IT security solutions
Automation & efficiency improvement
Software consulting & integration
AI-powered business solutions
2.2 The exact scope of services is specified in individual contracts, offers, or Service Level Agreements (SLA).
2.3 We reserve the right to further develop or discontinue our services, provided this does not unduly disadvantage the customer.
3. Contract Conclusion
3.1 A contract is concluded upon the written acceptance of an offer or the explicit confirmation of an assignment.
3.2 Our offers are non-binding unless explicitly stated otherwise.
3.3 We reserve the right to decline an assignment without providing reasons.
4. Prices, Payment Terms, and Default
4.1 All prices are net amounts in the respective currency plus applicable statutory VAT.
4.2 Invoicing is carried out according to the payment terms specified in the contract (e.g., one-time, monthly, quarterly).
4.3 Invoices must be paid within the agreed payment period. If no period is agreed, it is 14 days from the invoice date.
4.4 If the customer is in default of payment, we are entitled to:
Charge statutory default interest.
Suspend service delivery after prior reminder until payment is received.
Terminate the contract extraordinarily after repeated payment default.
4.5 Payments must be made without deductions. Discounts are only granted if explicitly agreed.
5. Customer Obligations
5.1 The customer is obliged to provide all necessary information, documents, and access required for service delivery.
5.2 Delays or additional costs arising from the lack of or incomplete cooperation by the customer are at their expense.
5.3 The customer must ensure that their systems and infrastructure are provided in a way that enables the efficient execution of agreed services.
6. Warranty and Liability
6.1 We provide our services with the greatest possible care and according to the latest state of the art.
6.2 A guarantee of success cannot be assumed, particularly for IT projects dependent on third-party systems.
6.3 We are only liable for damages caused by gross negligence or intent on our part.
6.4 Liability for indirect damages, lost profits, data loss, or business interruptions is excluded to the extent legally permitted.
6.5 If the customer makes changes to our services or software solutions, we assume no liability for resulting damages or malfunctions.
6.6 The customer is responsible for regular data backups. We assume no liability for data loss unless caused by our gross negligence.
7. Confidentiality and Data Protection
7.1 Both parties commit to not disclosing any confidential information to third parties.
7.2 We process personal data in compliance with applicable data protection regulations (e.g., GDPR, Swiss Data Protection Act) and implement technical and organizational measures to protect such data.
7.3 If the customer transmits personal data to us, they must do so in compliance with applicable data protection laws.
8. Contract Duration and Termination
8.1 The contract duration is specified in the respective contract or offer.
8.2 Unless otherwise agreed, a notice period of three months to the end of the month applies to recurring services.
8.3 Extraordinary termination is possible if:
A party grossly violates contractual obligations.
The customer repeatedly defaults on payments.
Either party files for insolvency or becomes unable to pay.
8.4 Terminations must be made in writing (email or letter).
9. Intellectual Property and Usage Rights
9.1 All concepts, software solutions, documentation, and reports created by Vivo Solutions remain our intellectual property unless otherwise agreed.
9.2 The customer receives a simple usage right insofar as it is required for the agreed service.
9.3 The transfer or commercial use of our services without our consent is not permitted.
10. Force Majeure
10.1 Vivo Solutions is not liable for delays or non-performance caused by force majeure, such as:
Natural disasters, pandemics
War, terrorist attacks
Power outages, server failures, cyberattacks
Labor disputes, government orders
10.2 If the state of force majeure lasts longer than three months, both parties may terminate the contract without compensation.
11. Final Provisions
11.1 Changes or additions to these GTC must be made in writing.
11.2 If any provision of these GTC is invalid, the remainder of the terms remains unaffected. The invalid provision will be replaced by a legally permissible one that comes closest to the intended economic purpose.
11.3 The law of Switzerland applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
11.4 The exclusive place of jurisdiction for disputes is the registered office of Vivo Solutions, unless mandatory legal provisions dictate otherwise.
