Rise with SAP – Safe and Compliant§ 1 Applicability
The following general terms and conditions (referred to as “GTC”) are valid for all current and future services of Riscomp GmbH (referred to as “Riscomp”). Riscomp is registered in Regensdorf, Switzerland (Althardstrasse 80, 8105 Regensdorf). Commercial register code Nr. CH-130.4.160.183-3. Tax code Nr. 763 528. The business purpose of Riscomp is providing consulting and information technology services related to the Governance, Risk, Compliance, Strategy and Performance management. This GTC is accepted automatically by conclusion of the contract.
§ 2 Contract conclusion, billing and due date
1. The contract is concluded when our offer us signed and sent back to us or by coherent actions of contracting parties.
2. The validity of our offer is 30 days, if not otherwise stated.
3. Additional agreements, changes or extensions are only valid if confirmed in writing by Riscomp.
4. Our services are billed monthly based on the efforts incurred, if not otherwise stated in the offer. For our software products, billing is done in accordance with the payment schedule stated in the offer. Payment is due upon issue of Riscomp invoice and is to be paid within 30 days. No discount is granted.
§ 3 Defects liability
1. Riscomp is obliged to remediate defects upon a timely and justifiable notice at no further cost, and at own discretion within reasonable time.
2. The customer is entitled to reduce compensation or cancel the contract in case if Riscomp does not comply with defects liability.
3. Warranty claims lapse 12 months after the service delivery if there is no valid maintenance agreement. The same applies to claims for compensation upon consequential harm caused by a defect, as long as no tortious ac claims are asserted.
§ 4 Limitation of liability
1. Any damage claims – also if those claims are connected to customer`s warranty rights – are excluded. This does not apply in case Riscomp or its employees acted willfully or grossly negligent, or if damages resulted from the violation of core contractual obligations.
2. In any case the damage claim liability of Riscomp is restricted in the way that those claims cannot exceed incurred loss, or loss of profit which Riscomp knew or shall have known of, or shall have foreseen as a possible result of contractual violation when the contract was signed.
3. Further limitation of liabilities in this GTC remains unaffected
4. The maximum liability amount under consideration of §4 P.1 and 2 is 20.000 Swiss Franks.
§ 5 Confidentiality, data protection and data processing
All available or known information related to the customer or services provided will be treated confidentially. We cannot fully exclude the possibility of a third party getting illegitimate access to the electronically transferred data. While technical and organizational measures available at Riscomp are designed to protect personal and sensitive information in accordance with GDPR requirements, it needs to be pointed out, that E-Mail and Internet-based communication via means, tools and technology accepted by customer can bear risks and that Riscomp cannot take over any responsibility in case of misuse.
§ 6 Applicable law, court of jurisdiction, partial nullity.
1. Swiss law applies for all legal relations between Riscomp and the customer
2. The only court of jurisdiction for all matters directly or indirectly resulting from contractual relations is Kanton Zurich, Switzerland.
3. In case of a regulation in this GTC or complimentary agreements is or becomes legally void, the validity for the rest remains unaffected.