1. Object

These General Conditions of Sale (hereinafter "GTC") define the contractual relationship between the buyer (hereinafter "Customer") of any product (software or hardware) or service offered by the seller, Micro Consulting SA (hereinafter "Customer"). -after "MC"). Office Maker software (hereinafter “Software”) published by MC is subject to special conditions relating to its use, and defined by the operating license (see “ Operating license agreement ”).

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2. Applicability

The Customer acknowledges having read these T & Cs, and accepting them in their entirety, as soon as he places an order and this order is accepted by MC. Acceptance of the order can be done by sending an order confirmation, by delivery or by invoicing the products ordered. The T & Cs can be viewed on MC's websites (www.officemaker.ch and www.bibliomaker.ch). MC reserves the right to modify these T & Cs at any time.

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3. Order

Products and services can be ordered orally, by telephone, by mail, by e-mail or by using an order form offered on MC's websites. MC reserves the right to refuse an order, for example in the event of insolvency, or unresolved litigation relating to previous invoices.

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4. Delivery

The Software is always available for download from MC's websites. MC is not responsible for any unavailability or malfunction of the Internet network. Customized software developments are generally the subject of a separate sales contract and are delivered on the date and under the agreed conditions.

 

Hardware products (receipt printers, barcode readers, ISR readers, etc.) are dispatched or delivered according to their availability or according to the agreed timeframe. Delivery is made from MC premises in Mont sur Lausanne or directly by their manufacturer or official distributor in Switzerland.

 

The delivery itself does not include any installation, commissioning, configuration, assistance or training service. These services and all other services are offered and invoiced in addition.

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5. Price

Prices for current products can be found on MC's websites. The Customer may obtain from MC the price of all products, or a written offer, for any particular configuration. The period of validity of the offers is ninety days, unless otherwise indicated. All public prices are indicated in Swiss francs, VAT included. Any postage, packaging or delivery costs are not included. MC reserves the right to modify the prices of its products or services at any time. The prices invoiced to the Customer are those in effect at the time the order is received by MC.

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6. Payment terms

In general, the terms of payment are ten days net, without discount, unless otherwise agreed expressly when ordering. The invoices relating to the update subscription contract (see “Update subscription contract ”) are subject to different conditions. MC reserves the right to require payment in advance, in whole or in part.

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7. Demonstration versions

All Software can be downloaded and evaluated with the demo data provided. These versions are fully operational and only require the insertion of the Activation Key to be able to be used normally, with real data.

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8. Operating license

The purchase of Software corresponds to the acquisition of an operating license. By acquiring this License, the Customer is authorized to use the Software under the conditions defined by the Operating License Agreement. By installing the Software, the Customer confirms to have read the terms of the Operating License and to accept them fully and without restriction. In any case, the Customer does not become the owner of the Software (see “Operating license agreement”). This provision also applies to tailor-made developments.

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9. Activation key

The acquisition or rental of an Operating License is embodied by the Activation Key, which is a code made up of a series of characters, issued to the Customer after payment of the invoice for the license or the monthly rental payments. . The Activation Key is used to activate normal, unrestricted operation of the purchased version of the Software. The Customer undertakes never to transmit the Activation Key to a third party.

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10. Services

The various services offered by MC are telephone assistance, intervention on the operating site, training, individually or in groups, on MC premises or on the operating site, and the Subscription contract for updates. Telephone services are available every working day, from 9 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. Assistance can be provided via remote maintenance software. All services are billed at the current hourly rate, with the exception of free support included in the Update Subscription Contract. Billing is calculated per quarter hour started. A scheduled appointment must be cancelled at least 2 working days in advance, otherwise it will be charged in full. A preferential hourly rate can be obtained by purchasing Support Credits (books of hours) which are valid for 24 months. Once a Support Credit has been used, it cannot be reimbursed.

 

11. Data protection

All data concerning the Customer collected by MC in the context of usual commercial relations, or to which MC employees may have access when performing a service, are treated confidentially. No information is transmitted to third parties, except with the express authorization of the Customer. MC complies with the provisions of the Data Protection Act (RS 235.1).

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12. Guarantee, limitation of liability

The warranty on hardware products resold by MC is that of their manufacturer or official distributor in Switzerland.

 

For Software, it is the Customer's responsibility to check their operation and to ensure that they do not present any crippling defect, incompatibility or insufficiency, and that they meet their needs. Once the final Activation Key has been given to the Customer, the Operating License is deemed to have been acquired and the Software cannot be taken back or reimbursed by MC. Under no circumstances can MC be held liable for any damage whatsoever resulting from the use of the Software.

 

The Software is provided as is. However, MC cannot guarantee that they will function in an identical manner as the Customer's infrastructure (hardware, or operating system) evolves, nor that they will comply with the modification of laws, regulations. or legal provisions. In order to ensure the proper functioning of the Software in the long term, MC offers the Customer to enter into a contract (see " Update subscription contract ") giving the right to update the Software, in the form of an update. regular provision of updates.

 

The Customer is responsible for the security of the data that he manages with the Software. In particular, it is responsible for setting up and activating an efficient and operational safeguard system. In the event of loss of data, MC can, on request, participate in their restitution, if possible, at the usual service rate. Technical interventions, including the correction or modification of parameters or data, are not subject to the obligation of result. It is the Customer's responsibility to verify the accuracy of the modifications made during the intervention, the Customer being solely responsible for his data. No claim for compensation can be demanded following an intervention by a Support technician. Under no circumstances can MC be held responsible for any loss or corruption of data managed by the Customer.

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13. Applicable law, place of jurisdiction

The terms of these GTC are subject to the application of Swiss law. Any dispute arising from their interpretation or application will be submitted to the competent courts of the jurisdiction of Lausanne. If, for any reason, a court having jurisdiction invalidates, in whole or in part, one of the provisions of these GTC, the other provisions remain applicable.

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These general conditions of sale replace and cancel those of June 1, 2015 and are applicable from October 25, 2017.