Terms & Conditions
Scope of General Terms and Conditions
Sebotics, a Precom Group AG company, Bahnhofstrasse 2, 6048 Horw, Switzerland, registered in the commercial register of the Canton of Lucerne under the commercial register number CHE-140.3.439.352-3 (hereinafter Sebotics) offers its contractual partners the use of the sebotics website/platform. com (and affiliated domains) as well as a program for collecting and updating the data required for the website and further use by partners (including Facebook). Furthermore, Sebotics Online Marketing can be operated via suitable placements. Sebotics provides the services it offers exclusively on the basis of the respective individual contract for the selected contractual product, these GTC, the service description for the respective contractual product and the Sebotics price list, which the customer acknowledges by placing the order or using the services. Sebotics terms and conditions apply. Other deviating terms and conditions are not recognized.
Changes to Terms and Conditions
Sebotics can change the GTC if the balance of the contractual relationship can no longer be guaranteed due to unforeseeable developments that were not caused by Sebotics and over which Sebotics has no influence. Essential parts of the contract such as the term and the extension of notice periods remain unaffected.
A change in the service description is possible if this is necessary for a good reason, reasonable for the customer and the service description does not deviate significantly from the service description available at the time of conclusion of the contract. A valid reason is given in the case of technical innovations or if third parties change their range of services from which Sebotics obtains the preliminary services required to provide the service. Sebotics can adjust the prices for the agreed services if this is necessary to compensate for cost increases.
Sebotics will inform the customer of intended adjustments at least 6 weeks before they come into effect by e-mail or in writing. The customer has a special right of termination at the time it comes into effect. If the customer does not cancel within 6 weeks after receipt of the change notification, the changes are considered approved and accepted and become part of the contract. Sebotics will point this out to the customer in the change notification.
The current version of the General Terms and Conditions can be checked at any time at the following dynamic internet address: https://sebotics.com/agb/
Contract
All offers from Sebotics and the associated documents are non-binding and subject to change.
A contract for the provision of services between Sebotics and the customer comes about through a written order, through an electronically created order on the basis of the contract form or through opening a customer account by registering or through an oral order declaration by telephone or in person and the acceptance of the order by Sebotics by sending it a digital written order confirmation. A prerequisite is the written confirmation of the order by Sebotics. The data required for registration must be truthful and complete. Sebotics reserves the right to check the information. The activation of services and products by Sebotics is equivalent to a written confirmation. If the client desires additional services, a new contract must be concluded or the existing one extended; the latter always requires the written form, expressly also in electronic form.
Scope of service, change of service, restriction of service
Sebotics enables shared use of the Sebotics.com website/platform to create and update data depending on the respective contractual product and the service descriptions. The type and scope of the contractual services result from the respective contractual product, the General Terms and Conditions and the price lists.
Sebotics takes care of the distribution of the information in the connected channels. Free services can be discontinued at any time. There is no entitlement to a reduction, compensation or reimbursement in the event of a hiring.
Sebotics is not liable for services provided by third parties that are required to operate the tools or the internet platform. Sebotics reserves the right to change its services to the necessary extent for technical and business reasons, provided that the situation cannot be solved with reasonable economic effort.
prerequisite for the provision of services
A prerequisite for the provision of services is the publication and updating of data. The customer is responsible for updating. This also applies if the data maintenance is carried out by a company commissioned by the customer. The customer undertakes not to make any entries to which he is not authorized. He is responsible for the content of the entries and undertakes to comply with the relevant legal provisions, good morals and industry rules. In particular, he ensures that no rights of third parties are violated with transmitted or stored content. In the event of violations, the customer shall indemnify and hold harmless Sebotics and its organs and auxiliary persons in the event of claims by third parties. In the event of a request for a counter-statement (Art. 28g et seq. Swiss Civil Code, ZGB) regarding entries, Sebotics will inform the customer that the request has been received. Sebotics is free to decide on the right of reply.
Adjustments / Rights
The client is solely responsible for the content (text, images, data, prices) posted. If copyrights are infringed, Sebotics shall not be liable to claims by third parties. In the event of copyright infringement, Sebotics reserves the right to claim damages against the customer. The service includes the creation and optimization of company entries, profiles and information in online directories, yellow pages, map providers, rating sites, social networks, etc. (hereinafter referred to as partner networks). The customer has no right to be entered in a specific (industry) directory service, unless otherwise agreed in the order confirmation. The client agrees that his data will be transmitted to third parties (the partner networks or entry service providers) for the purpose of entry, provided this does not contradict mandatory legal requirements or the client objects. The client declares that all texts, images and information transmitted by him are correct and that he has the necessary rights of use and does not infringe any personal rights. The client undertakes to check the accuracy of the data provided at least once a quarter. Sebotics reserves the right to reject inappropriate content and to remove it at any time. This applies in particular to racist, violent or pornographic content.
Sebotics guarantees that the company data provided by the customer will be transmitted in full to all agreed portal operators. However, Sebotics assumes no liability for portal operators accepting data immediately, completely and correctly and publishing it in their directories. Sebotics is also entitled to edit the content of customer entries in order to adapt the entry to the content and technical requirements of the respective portal operator. The number and selection of the electronic trade and company directories in which we enter and maintain entries for the customer depends on the product/package booked in each case. There is no entitlement to the publication of an entry in a specific electronic directory.
In the event of termination of the contract, it is possible that the information on some portals of the package will be either completely or partially removed and the customer's profiles on each directory will be restored to the state before they were processed by the respective directories. Sebotics cannot guarantee that the data will be permanently deleted from all portals and there is no right to the continued existence of the data and/or information.
Password
The customer undertakes to keep his password secret in order to prevent misuse of his account by unauthorized third parties. He is responsible for all use of his account. He is also liable if prohibited content is transmitted or stored by third parties via his customer account with or without his knowledge, provided he has violated his obligation to keep the access data safe and to protect it from unauthorized access by third parties. If there is reason to fear that unauthorized third parties have gained knowledge of the identification features, the password must be changed immediately.
Performance Dates and Deadlines
We cannot influence the processes performed by external parties and their duration. In the case of unforeseeable, unavoidable events beyond Sebotics' sphere of influence, such as force majeure, power failure, server failure, etc., Sebotics is released from the obligation to provide timely performance. In the event of disruptions lasting longer than two weeks, the customer can terminate the contract.
Maintenance, service, availability
If necessary maintenance work is necessary, which can possibly limit the operation, this will be announced by Sebotics in good time. No-fault liability is expressly excluded; For example, technical changes at third parties (e.g. social networks, advertising partners) can lead to the complete or partial failure of one or more functions. Malfunctions noticed by the customer are to be reported to Sebotics. Internet access is required to use Sebotics. This access is not part of the scope of services.
Service Level Agreement
Thanks to our excellent and qualitative concept, we guarantee that the systems are always in perfect condition, that the systems are constantly monitored and that customer requests and needs are adapted. During the working days, we guarantee a response time through qualified employees or make use of that of a corresponding partner. Our technical experts will always try to provide the customer with the best possible support and can also help with any problems. Maintenance work on the system is carried out periodically and includes detailed activities. Thanks to our server monitoring, we are able to recognize the early detection of problems in the network and to analyze them. As a result, you can act proactively and a possible impairment is reduced by up to 98%. In order to receive a comprehensive service, customers have the option of purchasing a service package, which can be used in all areas. However, the right to any compensation for damages is always excluded.
Fees and terms of payment
The currently valid prices result from the price lists that are given to the customer when the contract is concluded or that are listed in the order confirmation. The prices are net prices plus statutory VAT. The customer's obligation to pay begins with the conclusion of the contract. Services and online services will only be provided or activated after receipt of payment. The usage fee/license fee is charged in advance for the entire contract period. Payments are collected by direct debit from the customer's account, by invoice or by credit card. Invoices are provided in electronic form free of charge (without a payment slip for postal payment). According to the price list, costs may be charged for paper invoices.
arrears
If payment is delayed or if the direct debit is returned, Sebotics reserves the right to pass on the resulting costs to the customer. If payment is not made within a reasonable period of time, Sebotics can block the services and deny access until the outstanding claims have been settled.
Evidence and Recourse Requirements
Sebotics stores billing data and booking details for at least 3 months. Once this data has been deleted, Sebotics is released from the obligation to submit this data to prove the correctness of the billing, claims for recourse are excluded. Objections to the statements (account details) must be made immediately, but no later than 6 weeks after the statement. Failure to submit a timely objection shall be deemed approval of the statement.
Term and Termination
The contractual relationship has a minimum term of 12 months (unless otherwise agreed) and is automatically extended by a further 12 months if the contract is not terminated in good time before the end of the contract term. The contractual relationship can be terminated with a notice period of 3 months to the end of the contract. The termination must be in writing. Access to Sebotics is decisive for the timeliness of the termination.
The right to termination without notice for important reasons remains unaffected. An important reason exists, for example, if the customer does not meet his payment obligations or is insolvent, the customer does not meet his obligation to maintain and update the data, the customer does not use the system in the intended manner and abuses it, the customer does not own the rights to the images and texts entered by him or there are other important reasons. If the contract is terminated by Sebotics without notice for an important reason for which the customer is responsible, Sebotics is entitled to compensation. Claims for payments already made are completely excluded in all cases.
Complaints
Complaints about incorrect appearance or non-appearance of ads must be sent to Sebotics by e-mail to info@sebotics.com within 2 days of publication or agreed publication. If the purpose or effect of ads is significantly impaired, the costs of the campaign incurred up to that point will not be charged. All further claims, in particular the replacement of direct or indirect damages due to incorrect appearance or non-appearance are excluded.
Privacy Policy
Sebotics observes the provisions of the data protection regulations when collecting, processing and using the customer's personal data. The customer acknowledges that using Sebotics from abroad may infringe foreign law. It is up to the customer to find out about this. Sebotics accepts no liability in this regard. In particular, the customer acknowledges that there could be import and export restrictions for the encryption algorithms, which he may violate.
General provisions
Subject to any other mandatory provisions, Swiss law applies to the relationship between Sebotics and the customer regarding Sebotics. The Vienna Sales Convention is explicitly excluded. The exclusive place of jurisdiction for any disputes between Sebotics and its customers regarding Sebotics is Horw, Canton Lucerne, Switzerland. Should a provision of these General Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected. In this case, the contracting parties undertake to make a regulation that comes as close as possible to what is wanted in economic terms. Sebotics reserves the right to make changes to these GTC at any time.
Updated 28.07.2021
