The General Terms and Conditions (AGB) of sensiQoL AG are regulated below. They apply to all services and products of sensiQoL AG.
Any natural or legal person or partnership that has concluded a contract or an agreement with sensiQoL AG is referred to as a customer.
The object of these GTC is the use of the products and services which sensiQoL AG makes available to its customers or provides.
The products of sensiQoL AG are web- or online-based solutions. Customers purchase a temporary license and receive access data during this time, which allows them access to the online areas they have purchased. The web application that the customers access is not operated by sensiQoL AG, but by an external company. The owner of certain components of the application is the University of Zurich. sensiQoL AG has the right to market and further develop these application components.
The services provided by sensiQoL AG include training and support as well as consulting or further training on the products offered and on other topics, or research and evaluation assignments from external clients.
The scope of services of the products and services depends on the offer or order confirmation.
sensiQoL AG provides its services in accordance with the applicable privacy and data protection provisions. It undertakes to process and treat customer data carefully and to comply with the provisions of data protection. If the investigation shows that important public interests are endangered or legal regulations are violated, sensiQoL AG is entitled to report the matter to the responsible office.
sensiQoL AG uses customer data for service orders, for processing and fulfilling the services offered in conformity with the contract and the law, for maintaining the customer relationship as well as for the development, design and needs-based submission of service offers. Only the names of the customers - e.g. of foundations - are used for marketing purposes. The customer can prohibit the use of his data for marketing purposes at any time. A corresponding notification can be sent in writing to the following address: sensiQoL AG, Pfisternweg 11, 6340 Baar.
The owner of certain parts of the application is the University of Zurich. sensiQoL AG is a licensee of the University of Zurich and has the right to market and further develop these application components.
The products represent a trade secret. Customers have the right to use the products during the contractually agreed license period. At the same time, the customer is obligated not to make the products available to third parties in any form, either in whole or in part, or to publish them. The unauthorized use, distribution or passing on of the products of sensiQoL AG during or after the license period is prohibited.
sensiQoL AG reserves the right to carry out analyses and studies on the basis of the data entered from customers or clients and to publish them anonymously or use them for further developments. Under no circumstances, however, may direct conclusions be drawn about the institutions or persons included in the study without the agreement of the relevant client.
Furthermore, sensiQoL AG reserves the right to further develop and modify the existing products in order to make improvements/adjustments in the interest of the customer or to remedy any deficiencies in the products. Major developments or changes to the products that significantly affect the use of the products or the customer data during the license period will be communicated to the customer in advance. Minor changes or background adjustments to the application will not be communicated to customers.
With regard to the services offered by sensiQoL AG, sensiQoL AG and the customers agree on the rights to the know-how before the service is provided. Training documents provided may be used by the customers, but may not be passed on to external parties. Results arising within the scope of scientific research or investigations may only be published by sensiQoL AG in consultation with the client.
The customer is responsible for the internal transfer and handling of the user data of the products and the clients administered by them - these are, among others, the residents, patients of the customers. The customer receives an administration login, which authorizes him to create further logins for users. Users must without exception belong to the customer institution, i.e. be employees of the customer. The customer is obliged to observe and comply with corresponding safety regulations, such as those mentioned by sensiQoL AG on the homepage, for example, but not conclusively. Furthermore, the customer is requested to treat all contract data, such as access data and passwords, confidentially and must inform sensiQoL AG immediately of any unauthorized use of products, contract data or the loss of contract data.
Should the customer violate agreed rights and obligations, sensiQoL AG reserves the right to block all access authorizations of the customer. Such violations include, but are not limited to, data protection violations, payment delays, non-compliance with adequate security regulations or the disclosure of access data to external users.
The current and binding prices are published by sensiQoL AG on request. Price changes for the products and services offered by sensiQoL AG will be communicated to the customer in good time and are possible at any time. If the customer continues to use the service and the products after the price change has come into effect, the new prices shall be deemed accepted.
The products of sensiQoL AG will be invoiced to the customer after signing the agreement. In the case of multi-year license agreements, the agreed annual lump sum is invoiced annually. The access data to the products will be sent to the customer after the payment has been received - or on the agreed date - and will be available to the customer for the agreed license period. If the customer decides to withdraw from the agreement during the license period, the license costs already paid for the products will not be refunded. In the case of multi-year licenses, the customer also owes sensiQoL AG the costs, if any, incurred until the end of the agreed license period.
The conditions agreed between sensiQoL AG and the customer apply to services such as product training, consulting, workshops, presentations, further training or research and evaluation orders. The conclusion of accident and theft insurance is in any case the responsibility of the participants. sensiQoL AG assumes no liability.
sensiQoL AG declines any liability for the data and contents entered by the customer as well as for any actions, measures or interventions associated therewith. The customer is liable for any damage incurred by sensiQoL AG as a result of any unlawful data entry and dissemination on his part.
The onlineumfragen.com GmbH operates the technical application for the products offered by sensiQoL AG and complies with industry standards and security regulations. sensiQoL AG cannot accept any liability for any business interruptions and technical malfunctions. In the event of longer interruptions in operation, technical faults or errors in the application, sensiQoL AG will, however, endeavour to remedy these and find an amicable solution with the customer.
sensiQoL AG rejects any liability for damages arising in connection with the use of access to products by unauthorised users, for illegal and immoral actions by users of products as well as for technical difficulties and inadequacies on the part of customers.
The products of sensiQoL AG are per se no guarantee for a high quality of life or satisfaction of the clients or employees.
The exclusive place of jurisdiction for disputes are the ordinary courts at the headquarters of sensiQoL AG, Pfisternweg 11, 6340 Baar, Switzerland. The contractual relationship is exclusively subject to Swiss law.
By confirming the GTC or the use of the web-based products, the customer declares that he has taken note of the contents of these GTC and accepts them in their entirety as the exclusive contents of his agreement with sensiQoL AG.
sensiQoL AG reserves the right to change the general terms and conditions and the other contractual provisions applicable between sensiQoL AG and the customer (including pricing) at any time. Changes will be notified to the customer in an appropriate manner. If the customer continues to use the service after the new GTC have come into force, the new GTC are regarded as accepted.
Baar, August 2011
sensiQoL AG, Pfisternweg 11, 6340 Baar