Company Number: CH-035.3.031.354-4
VAT Code: CHE-109.882.620 MWST
Company Name: NTS Workspace AG
Domicile: Bern, BE
Investments: colozüri.ch AG, colobern süd AG, ColoBâle AG
Contracts may be awarded orally or in writing, or in person, or via telephone, fax, or the Internet. The following General Terms and Conditions of Business of NTS Workspace AG apply in all cases.PDF Version
1. General Provisions
NTS Workspace AG provides services to individuals and companies (hereinafter referred to as the “Customer”) in relation to computers, networks, multimedia, and the Internet. Except where these Terms and Conditions have been altered or supplemented in writing, they govern all our business dealings with the Customer. NTS Workspace AG may engage or instruct a third party in relation to the performance of its services.
NTS Workspace AG’s prices for the installation of additional hardware or software are based on the assumption that the Customer’s existing system is a standard one that is operating properly. In addition, the software that is already installed on the system must be available for any reinstallation that is needed. NTS Workspace AG will invoice the Customer for any additional costs that are the result of an incomplete or faulty installation of the hardware or software as well as for any additional costs that arise due to software being unavailable.
The Customer will accept additional costs that are 20% higher than the costs quoted in NTS Workspace AG’s bid even where NTS Workspace AG has not given it prior notice of same orally or in writing. In the event that the additional costs should exceed the above amount, NTS Workspace AG will inform the Customer of this. In such case, any work that has not yet been completed will first be completed after the Customer has consented thereto.
3. Data and System Backups
The Customer bears the complete responsibility for making data and system backups. The Customer is obliged to make the necessary backups before NTS Workspace AG makes changes to hardware or software. NTS Workspace AG cannot be held liable for any loss of data or damage caused by a complete or partial failure of one or more systems. In addition, NTS Workspace AG will have no liability for lost profits.
In the case of new hardware or software, the Customer will, at most, be entitled to recourse against the relevant manufacturer under any warranty provided in respect of such goods. NTS Workspace AG will repair or replace any hardware or software that exhibits errors or defects on a time and materials basis. NTS Workspace AG expressly excludes all other warranty and damages claims by the Customer as well as any right on the Customer’s part to rescind the contract.
The Customer is aware of the fact that the allocation of fixed IP addresses at the RIPE NCC involves entries in a publicly accessible database.
Our bids are valid for a limited time only. The time limit depends on the relevant statutory provisions or the special provisions contained in the bid. If the bid does not contain any special provisions, it will be valid for a period of 30 days. NTS Workspace AG reserves the property rights and copyrights in respect of all documents that form part of a bid. If the Customer does not award NTS Workspace AG a contract in a particular case, the Customer must return the documents to NTS Workspace AG upon request. In any event the Customer must treat NTS Workspace AG’s bid confidentially. The bid may not be passed on to a third party without NTS Workspace AG’s consent.
If the Customer cancels a contract, NTS Workspace AG may assert a claim for lost profits. The Customer will in any event be responsible for any costs that have already been incurred and for price increases resulting from a reduction in the size of a contract.
Except where there is an agreement to the contrary, the prices quoted are net prices in Swiss francs and do not include value-added tax, freight, packaging, or road charges. NTS Workspace AG reserves the right to adjust its prices in accordance with market conditions or where necessary due to specific increases in its costs (e.g. costs of work and materials or the exchange rate).
The entire outstanding invoice amount is due for payment in full within 30 days of the date of the invoice. In the event that the Customer fails to make payment by the agreed date, it will be deemed to be in default even if NTS Workspace AG has not sent a payment reminder. If the Customer has not made payment after the first payment reminder, NTS Workspace AG may limit or cease to provide its services without further notice.
If no other contract or agreement exists, the contract can be terminated at the end of every quarter with three months' notice.
11. Applicable Law
Except where there is an agreement to the contrary, Swiss law will apply.
12. Place of Jurisdiction
The contracts agreed between NTS Workspace AG and the Customer are subject to Swiss law. The courts located at 3012 Bern will have jurisdiction. The Customer expressly agrees to be subject to the jurisdiction of the above courts and waives the jurisdiction of the courts at the place of its domicile. Mandatory provisions of law regarding jurisdiction will remain in force.
These General Terms and Conditions of Business generally apply as from April 1, 2015, and supersede all prior versions of same.