1. Scope
These General Terms and Conditions ("GTC") apply to the entire business area of S-iBA Vision AG (hereinafter referred to as the "Company"). The range of services of the Company includes: • Presence or online trainings as well as workshops • Co-design of learning programs with customers • Selling user licenses of the VIRTRACON™ app and associated learning modules. • Optional rental of VR headsets with specialized partner • Development of learning modules based on learning content of the customer
2. Conclusion of contract
The contract is concluded by the acceptance by the Customer of the Company's offer concerning the purchase of products and / or services.
The contract is concluded in any case when the customer uses the services offered by the company and / or orders products through the online store of the company or buys them directly.
3. Prices
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
Prices are exclusive of any other applicable taxes.
Prices are exclusive of packaging and shipping costs.
The Company reserves the right to change the prices at any time. The prices on the Company's website and according to the Company's offer and price list valid at the time of the conclusion of the contract shall apply.
If travel and catering expenses are incurred for the provision of the Company's services, these shall be charged to the Client according to the expenses incurred and with receipts. Train travel is charged at 1st class, air travel over 6 flight hours at business class and car travel at 90 centimes per kilometer.
4. Payment
The company offers the customer the following payment options: Invoice, credit card, PayPal, prepayment.
The Customer is obliged to pay the invoiced amount within 30 (thirty) days from the invoice date. The due
date of the payment debt for services is always on the first day of a training or workshop, for licenses and
rental objects 10 (ten) working days before the start of a program.
The delivery of access data to the app and the learning modules will take place after payment has been received by the company.
If the invoice is not paid within the aforementioned payment period, the customer is automatically in default. From the moment of default, the customer owes default interest in the amount of 5% (five percent).
Offsetting of the invoiced amount against any claim of the Customer against the Company is not permitted.
The Company shall have the right to refuse delivery or provision of services in the event of default in payment.
5. Duties of the company
5.1 Delivery / Delivery Dates
Delivery is made according to written agreement with the customer. For orders in the online store, delivery is usually made within 10 working days after receipt of payment. If a timely delivery is not possible, the customer will be informed by the company within 5 (five) working days after receipt of order and the new delivery date will be communicated.
5.2 Service provision
Unless otherwise agreed, the Company shall fulfill its obligation by providing the agreed service. If no other provisions are agreed, the place of performance shall be the registered office of the Company.
5.3 VIRTRACON™ app and learning modules
Access, registration data and password security: access to VIRTRACON is possible only for registered users. To register as a user of VIRTRACON, we require personal information that is used to identify individuals in the system. We keep this information accurate and up to date. If a user leaves or is suspended, their account will be deactivated or removed depending on the client's requirements. The personal password must not be shared with anyone else and the customer must make every effort to ensure that this does not happen. We reserve the right to change a user's password at any time if we have reason to believe that a breach of security or misuse of the personal password has occurred or is likely to occur.
Availability of VIRTRACON: we strive to provide the best possible service to Customer and its users but make no warranty that VIRTRACON will operate uninterrupted or error-free or will meet your expectations. Customer hereby acknowledges and agrees that use of VIRTRACON is at Customer's sole risk and that VIRTRACON is provided "as is" and "as available". S-iBA and its licensors make no representations, express warranties, and disclaim all implied warranties with respect to VIRTRACON, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, S-iBA and its licensors make no representation or warranty to Customer that:
(a) the use of VIRTRACON will meet its requirements; (b) the use of VIRTRACON will be uninterrupted, timely, secure or error-free; and (c) the usage data provided through the Service will be accurate. We assume no responsibility or liability in this regard. We may need to suspend or restrict user access to VIRTRACON from time to time for maintenance or repair purposes. In this event, we will endeavor to restore access to VIRTRACON as soon as possible.
Restriction, Suspension and Termination: we reserve the right to restrict access to any part of VIRTRACON to individuals or groups of users. We reserve the right to suspend, discontinue or terminate your registration and/or access to VIRTRACON if Customer and its users violate these Terms and Conditions and/or otherwise at our sole discretion.
Links to third-party websites: we may provide links to various third-party websites. These links are provided merely as possible sources of information. Such linked third-party Internet sites are not under our control. We are not responsible or liable for the content available on any such linked website. The appearance of a third-party link in the app or records does not imply our endorsement of the linked website, its sponsor, or the products or services offered on the linked website. Your use of any Linked Website is at your own risk. License to use: each user of VIRTRACON is granted a paid-up, time-limited, personal, non-perpetual, non-exclusive and non-transferable license to use VIRTRACON. This license is always granted subject to the user's compliance with all such terms and conditions. Nothing in this Agreement shall be construed as limiting S-iBA's or its affiliates' rights to license, sell, rent, market, publish or otherwise distribute, in whole or in part, products or services, directly or through third parties, or to develop and/or provide hosting services related to VIRTRACON for third parties. Users may not use VIRTRACON to provide services to organizations without our prior written permission. Users may not use VIRTRACON to generate revenue without our prior written consent.
Data Protection: S-iBA or its partners or affiliates use data within VIRTRACON in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016) ("GDPR"). By agreeing to these Terms, Users consent to S-iBA or its affiliates storing and processing data in the manner described below. Users agree that S-iBA or its partners or affiliates will act as "data controller" for the personal data and sensitive personal data stored in VIRTRACON. Personal data: the personal data stored by VIRTRACON will be treated as follows:
• First and last name: These data are used for registration and identification of the user.
• Location: used for time zone/location purposes.
• E-mail address: This is used to authenticate the user, access VIRTRACON, and communicate with the user.
• Training history: This data is stored for training management purposes.
• Voice Recordings: Voice recordings of role-plays and implementation actions are stored for training purposes and sent to the user's registered email address for follow-up after completion of each learning module. The accompanying trainer can be granted access to the voice recordings for coaching purposes.
• Personal data is controlled, transferred and processed in accordance with our Privacy Policy.
• Identifiable personal information is accessible to the user, the division administrator, training administrators and, with consent, the user's direct supervisor.
• Identifiable personal information is never shared with outside organizations except as provided in the Privacy Policy.
• Identifiable personal information in VIRTRACON is never used to communicate with the user outside of the purposes of providing or administering training.
• Identifiable sensitive personal information is never shared with third parties.
• When an account is closed, personally identifiable information and sensitive personal data will be completely removed from VIRTRACON within six months.
5.4 Auxiliary persons
The parties have the express right to engage auxiliary persons to perform their contractual duties. They shall ensure that the auxiliary person is engaged in compliance with all mandatory statutory provisions and any collective labor agreements.
6. Obligations of the customer
The Customer is obliged to immediately make all arrangements necessary for the Company to provide the service. The Client shall make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of appropriate information and documentation to the Company. Customer and its Users agree to comply with the S-iBA Usage Policy, as updated from time to time without notice. The use of VIRTRACON is subject to our Privacy Policy, which is available on our websites and complies with the GDPR and may also be amended from time to time without notice.
The company reserves the right to claim damages in case of non-compliance
7. Non-solicitation and employment ban
Without the express written consent of the Company, the Customer may not entice away or employ the Company's employees or other auxiliary persons, either for its own account or for the account of a third party. Even after termination of the contractual relationship, the Customer is prohibited from employing employees or other auxiliary persons of the Company in any way, directly or indirectly. This prohibition shall apply until one year after termination of the contractual relationship and is limited to the field of activity of the respective employee or auxiliary person.
8. Resignation
Both parties have the right to withdraw from the contract at any time. The other party shall be fully compensated for any expenses already incurred. If a withdrawal is made at an inopportune time, any claims for damages shall remain reserved. Withdrawal is excluded in connection with the awarding of licenses. There, only a cancellation of the appointment is possible according to item 9.
9. Cancellation of dates and postponement of dates
9.1. appointment cancellation
In the case of agreed appointments for the provision of the contractual service, a cancellation up to 2 (two) months before the appointment is free of charge. In case of missing or late cancellation, the following costs are due:
Until 8 weeks Before date 20% (twenty percent) of the agreed price
Until 8-4 weeks Before date 50% (fifty percent) of the agreed price
Less than 4 weeks Before date 100% (one hundred percent) of the agreed price
9.2 Postponement
Up to 4 weeks before the confirmed date, the customer is obliged to pay an administration fee of CHF 250.
Less than 4 weeks before the date, the customer is obliged to pay 50% of the agreed price.
Postponed dates must be carried out within 3 months, otherwise the cancellation provisions according to paragraph 1 of point 9 come into force.
10. Exchange and return
An exchange of products and licenses is generally excluded.
11. Warranty
The statutory warranty provisions shall apply.
The Company warrants the above for a maximum period of 24 (twenty-four) months.
Implementation of trainings and workshops according to agreed goals with the customer.
The company guarantees to perform the agreed services in the quality customary in the industry.
Warranty and liability for rented headsets and/or headsets purchased directly by the customer are excluded.
12. Liability
Liability for any indirect damages and consequential damages is excluded in full.
The liability for direct damages is limited to the sales price of the product / service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is fully excluded.
13. Intellectual property rights
All rights to the products, services and any trademarks are owned by the company or it is authorized to use them by the owner.
Neither these General Terms and Conditions nor any associated individual agreements shall include the transfer of any intellectual property rights, unless this is explicitly mentioned.
Furthermore, any further use, publication and making accessible of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited, unless it is explicitly authorized by the company.
If the customer uses content, texts or pictorial material in connection with the company in which third parties have a property right, the customer must ensure that no property rights of third parties are violated
14. Data protection
The Company may process and use the data recorded within the framework of the conclusion of the contract for the fulfillment of the obligations arising from the contract. The Company shall take the measures required to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes. The data necessary for the performance of services may also be disclosed to contracted service partners or other third parties.
Furthermore, the data protection provisions apply.
15. Changes
These Terms and Conditions may be amended by the Company at any time.
The new version shall become effective 30 (thirty) days after the notification by the Company.
The version of the GTC in force at the time of the conclusion of the contract shall apply to the customer.
Unless the customer has agreed to a newer version of the GTC.
16. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts, which still specify the provisions of these GTC, take precedence over these GTC.These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts, which still specify the provisions of these GTC, take precedence over these GTC.
17. Severability clause
Should any provision of this contract or any supplement thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision.
The same shall apply to any loopholes in the contract.
18. Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force even after the termination of the contract.
19. Force majeure
If the timely performance by the Company, its suppliers or third parties involved becomes impossible as a result of force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, epidemics and pandemics, the Company shall be released from the performance of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 60 (sixty) days, the Company may withdraw from the contract. The Company shall fully reimburse the Client for any payment already made. Any further claims, in particular claims for damages as a result of vis major are excluded.
20. Agents and distributors
The customer acknowledges that any distributors or agents work independently and therefore independently of the company and any potential claims are to be asserted directly against them. The company is not liable in any way for breaches of contract by any agents and distributors.
21. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Unless mandatory statutory provisions prevail, the court at the registered office of the company shall have jurisdiction. The company is free to bring an action at the defendant's domicile. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.
German GTC as PDF / Allgemeine Vertragsbedingungen als PDF:
