Terms and conditions
Effective as of 16.02.2024
Scope of Application
The present General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all purchases of services and products (hereinafter referred to as "Services") that 8 WEEKS GmbH (hereinafter referred to as "Service Provider") provides to clients and apply to the purchase and use of any of these Services.
These GTCS are accessible at all times on https://codefusion.ch/agb and shall prevail over any other document.
The Client declares that he/she has read and accepted these GTCS by accepting our services and checking the box during the newsletter subscription or sign up process: "I have read and accepted the general terms and conditions".
In the absence of proof of the contrary, the data recorded in the Service Provider's computer and email system constitutes proof of all transactions concluded with the Client.
Prices
The Services are provided at the current prices presented on the Order (incl. in particular scope, duration, total price) accepted by the Client on the website of the Service Provider at the time the order is registered by the Service Provider.
Prices are expressed in Swiss Francs and include VAT, if applicable.
Prices take into account any eventual discounts granted by the Service Provider.
These prices are firm and constitute a fixed-fee, non-revisable during their period of validity. The Service Provider expressly reserves the right to modify prices at any time outside their period of validity.
The payment requested from the Client corresponds to the total amount of the Service requested, including these eventual extra costs.
Order
The Services will only be considered validly activated and be deliverable and accessible to the Client once the price has been paid in full and as communicated by the Service Provider. It is the Client's responsibility to check the accuracy of the Order and to immediately report any errors.
Any confirmed offer over email constitutes the formation of a distance contract between the Client and the Service Provider (hereinafter referred to as "Order").
The Service Provider reserves the right to cancel or refuse any Order from a Client with whom there is a dispute relating to the payment of a previous order.
During the contract duration, only a Services upgrade may be authorized.
The Order is meant for the use of one individual per subscription and cannot be sub-licensed or shared by the Client without the explicit consent of the Service Provider.
Terms of Payment
The price is paid by secure payment, according to the following methods, for the upcoming full year subscription: Online payment by credit card (via Stripe).
Duration
The Services are valid since full prepayment received by Service Provider, upon activation date communicated in the Order or confirmed per email by the Service Provider until date specified also therein.
The Client agrees on a fix duration and term of the contract based upon the Order. At the end of the duration, the Order will automatically be extended for the same duration, if not terminated in writing 3 months before the end of the fix duration.
Provision of Services
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Client, on a best-efforts basis and within the timeframes specified in the related Order confirmation.
No Right of Withdrawal or Refund
Given the nature of the Services provided, orders placed by the Client do not benefit from the right of withdrawal or refund.
The contract is therefore definitively concluded as soon as the order is placed by the Client in accordance with the terms and conditions specified in these GTCS.
Personal Data & Privacy
Our detailed Privacy Policy is available https://codefusion.ch/datenschutz and is an integral part of these GTCS.
Intellectual Property
The content of the Service Provider's website is the property of the Service Provider and its partners and respective right holders and is protected by Swiss and international intellectual property laws.
Any total or partial reproduction of its content is strictly prohibited and may constitute an infringement of copyright.
Liability
The Service Provider can only be held liable for damages he causes directly, wilfully or by gross negligence. The Service Provider cannot in particular be held liable for any technical disturbance, issues due to the softwares or hardwares or any technical aspects out of his field of control, competence or propriety.
Modifications of the present GTCS
The Service Provider reserves the right to amend and modify these GTCS at any time. In case of clients on ongoing contractual relationships, the GTCS shall be notified by email to the Client and shall enter into force, if the Client does not contest them on an essential contractual condition, within 30 days their publication on the website.
Any agreement, amendment or supplement deviating from these GTCS specifically agreed between the parties can only be valid when done in writing and signed by all parties.
Salvatory Clause
Should one of the provisions of the GTCS be or become invalid, the validity of the GTCS as a whole shall not be affected. The invalid or void provision shall be replaced by such valid provision as is the closest to the originally meant provision.
Applicable Law and Place of Jurisdiction - Language
These General Terms and Conditions and the transactions arising therefrom are governed by and exclusively subject to Swiss law, without regard to any conflict of law rules. The exclusive place of jurisdiction is at the competent courts in Zurich, in case disputes are not resolved through Article 14 of these GTCS.
These GTCS are drawn up in English. Should they be translated into one or more other languages, the English text shall be deemed the only authentic in the event of a dispute.
Disputes
For any complaint, please contact us at the postal or email address of the Service Provider indicated in Article 15 of these GTCS.
The Client is hereby informed that, in the event of a dispute, recourse to conventional mediation may be applied, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
Contact
CodeFusion is provided by 8 WEEKS GmbH.
The Service Provider's contact details are the following :
8 WEEKS GmbH
Hübeliweg 17
3250 Lyss
Switzerland
Company registration number: CHE-181.937.460
Email: [email protected]