Subject of the contract
These general terms and conditions govern all services offered by Smart Business 4.0 Sàrl, including:
- the development of software (ERP, business applications)
- mobile applications
- IT consulting services
- hosting services
- cloud and SaaS solutions
Any order implies unconditional acceptance of these terms and conditions.
Conclusion of the contract
The client returns a copy of the quote to Smart Business 4.0, bearing the handwritten note “approved”, the date, the signature of an authorised representative, and the company stamp. The order is accepted by Smart Business 4.0 upon the issuance of the deposit invoice. The order is confirmed when the invoiced deposit is paid. This payment implies the approval of all contract documents and these general conditions. Services cannot be carried out until the order is confirmed.
Amendments
Any modification of the contract shall be subject to a supplementary amending contractual document. A modification may lead to a reassessment of the amount of the service.
Access to SaaS services
SaaS services are accessible online via secure authentication.
Smart Business 4.0 Sàrl is committed to:
- ensure the availability of services
- maintain a secure infrastructure
- carry out the necessary updates
Interruptions may occur, particularly in the event of maintenance or force majeure.
Availability of services vices
Smart Business 4.0 Sàrl strives to ensure a 99% availability of SaaS services on an annual basis, excluding planned maintenance.
Technical evolution
In the event of a significant variation in the scope of the tasks requested during the execution of the mission, Smart Business 4.0 reserves the right to issue a new supplementary offer and/or to request a modification of the budget indicated in the initial service offer.
Cancellation
In the event of cancellation or modification by the client, the full amount of the order remains due, unless agreed otherwise by Smart Business 4.0 not to charge for tasks not started and/or expenses not incurred.
Duration commitment
In the context of subscription contracts with tacit renewal, the client may withdraw before the scheduled end date of the contract but remains liable for all amounts due for the remaining instalments, without being liable for any other termination fee. In the event of changes to the contractual conditions, Smart Business 4.0 informs the client 1 month in advance. The client is then free to accept them or to terminate their contract without penalty.
Project uncertainties
Complex IT projects require deliverables whose difficulty and scope are often hard to assess at the beginning of the project. Smart Business 4.0 is committed to informing the client of the elements that underpin the initial estimates and budgets, and to updating this information when a new element arises.
Payment and reminders
The billing for a semi-annual or annual application maintenance period is sent to the client one month before the due date of the current semester or year. Payment must be made before the start of the new semester or year. In the event of a payment delay of more than 10 days, Smart Business 4.0 reserves the right to suspend the affected account. From the second reminder, an administrative fee of 25 CHF will be charged. In the event of a payment delay of more than 30 days, Smart Business reserves the right to cancel the affected account and delete its data.
Migration between 2 types of hosting
The client is free at any time to upgrade to a higher plan, including during the semester. The calculation of the current semester's package is then done pro rata based on the duration of each of the 2 plans.
Termination of the application maintenance contract:
A termination can only be effective at the end of a period. The termination must be announced 1 month before the end of the current period. The client who terminates their contract may request a DVD-R, USB or Drive with their database and the source code of their specific developments. This service is charged at 250.- CHF excluding VAT.
Accommodation
The solutions can be hosted:
- on the infrastructure of Smart Business 4.0 Sàrl
- or at the client's
The servers are located in Switzerland or Europe in secure data centres.
Data security
Smart Business 4.0 Sàrl implements technical and organisational measures to ensure data security, including:
- access control
- encryption
- regular backups
Backup
The data is backed up regularly.
- The client remains responsible for their data.
- Smart Business 4.0 Sàrl cannot guarantee the complete absence of data loss.
Client obligations
The client agrees to:
- use the services in accordance with their intended purpose
- protect access
- to comply with the laws in force
- ensure the lawfulness of the data
Confidentiality
The trust you place in us is taken seriously. To protect against unauthorised access, misuse, disclosure, or damage to your data, Smart Business 4.0 employs appropriate physical, technical, and administrative measures.
The data is only accessible to staff employed under Swiss employment law at Smart Business 4.0.
The entire staff of Smart Business 4.0 is bound by professional secrecy. No data will ever be transmitted to third parties, except in the case of an official judicial request.
Smart Business 4.0 ensures the confidentiality of your personal information. We will never sell, rent, or transfer your information to third parties. Unless we receive your permission, we will not use or share your information in a manner unrelated to that described at the time you provide us with this data.
Unless explicitly requested by the client, Smart Business 4.0 reserves the right to mention the client's name as a reference during commercial activities as well as on its website. www.s-business.ch.
Data and responsibility
Smart Business 4.0 is responsible for the proper functioning of the server, except in cases of force majeure resulting from hardware failure or exceptional external events, hacking, or third parties.
Smart Business 4.0 shall not, furthermore, have its liability engaged in any way whatsoever, except in the case of a breach on its part of a legal or contractual obligation.
In the event of direct or indirect damages suffered by the client, such as loss of profit, loss of clientele, loss of data, unauthorised access, system failures, or updates, the liability of Smart Business 4.0 shall only be engaged up to the amount of the client's annual contract.
The client is solely responsible:
- the content of the data
- of their legal compliance
Smart Business 4.0 Sàrl acts as a technical service provider.
Security
Our servers have a monitoring and alert system in case of non-compliant usage.
The services and libraries that are exposed to the Internet are updated as soon as possible. If necessary, the client will be informed before and after the update by email.
The services and libraries that are not exposed to the Internet will have to wait until we have tested and validated the update and a maintenance period has been scheduled with the client.
We can make exceptions to the rule by mutual agreement with the client only for dedicated server hosting plans.
Hotline and response times
For emergencies, from Monday to Saturday (except on official public holidays) from 8:00 am to 10:00 pm, customers can use the hotline 076 622 40 54.
For all other support needs, queries must be sent to our support service by email under the following conditions:
- Support within 12 hours, every day (7/7) from 9:00 to 18:00.
- Interventions can be arranged outside of these hours for an additional charge:
- Between 6am - 9am or 6pm - 12am: a surcharge of 25% on the current rate.
- Between 24:00 – 06:00: a surcharge of 50% on the applicable rate.
Smart Business 4.0 Sàrl ensures:
- corrective maintenance
- evolutionary maintenance
- technical support
Non-solicitation of staff
The Client is prohibited from engaging directly or through an intermediary, without the written consent of Smart Business 4.0, any employee of Smart Business 4.0. This waiver is valid for the entire duration of the contracts, extended by a period of twelve (12) months. In the event of non-compliance, the Client shall compensate Smart Business 4.0 by paying a lump sum equal to the fees or gross salaries that this employee received from Smart Business during the year preceding their departure.
Modification of the general terms and conditions
Events considered as force majeure, in addition to those usually recognised by the case law of Swiss Courts and Tribunals, include total or partial strikes, whether internal or external to the company, lock-outs, adverse weather conditions, blockages of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, government or legal restrictions, telecommunications network blockages, power outages, the emergence of viruses, data loss or corruption, and other events beyond the control of Smart Business 4.0 that prevent the normal execution of the Services. In the cases listed above, the obligations of the contracts will be suspended.
Force majeure
Events considered as force majeure, in addition to those usually recognised by the case law of Swiss Courts and Tribunals, include total or partial strikes, whether internal or external to the company, lock-outs, adverse weather conditions, blockages of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, government or legal restrictions, telecommunications network blockages, power outages, the emergence of viruses, data loss or corruption, and other events beyond the control of Smart Business 4.0 that prevent the normal execution of the Services. In the cases listed above, the obligations of the contracts will be suspended.
For legal and applicable law
The present General Conditions are subject to Swiss law. Failing an amicable settlement, notified by one party to the other, any dispute shall be brought before the competent Court of the Canton of Vaud.