1. scope of application
1.1 General provisions
These General Terms and Conditions (hereinafter referred to as “GTC”) govern the mutual rights and obligations of kmudata ag, Bogenstrasse 7, 9000 St. Gallen, as operator of the “VETdata” platform (hereinafter “VETdata”) and the user of the “VETdata” platform (hereinafter “User”).
The “VETdata” platform is a platform developed for the veterinary profession in Switzerland for the exchange, digital storage and filing of company data.
These GTC serve as a contractual basis and apply to all contracts between the parties even without express reference. Agreements that deviate from these GTC, including this written form clause, must be made in writing.
Any provisions to the contrary in individual contracts between the parties shall take precedence over these GTC.
VETdata reserves the right to amend these GTC at any time. It shall inform users of changes to the GTC in an appropriate manner.
1.2 Data protection
The privacy policy of the VETdata platform can be found on the website and forms an integral part of these GTC.
2. obligations VETdata
2.1 General information
VETdata guarantees the basic usability of the platform and provides its services within the framework of the contract with the user and the operationally available resources.
2.2 Data backup
VETdata secures the data transmitted by the user. It shall take all technical and organizational measures that are required by law and are suitable and operationally feasible in accordance with the state of the art.
VETdata only has influence on those systems that are within its sphere of influence and can therefore not guarantee error-free services.
2.3 Maintenance
VETdata ensures the permanent availability of its infrastructure. For maintenance purposes and in the event of unexpected system failures, VETdata may at any time and without notice restrict the availability of the services or put them out of operation for an indefinite period. The necessary updates to the platform are carried out regularly (without prior notice).
2.4 Third-party providers
VETdata may use third-party providers and subcontractors to fulfill the contract.
2.5 Data synchronization
The user consents to the platform synchronizing personal data with Tierärztliche Verrechnungsstelle GST AG (TVS), insofar as this is necessary for the provision of TVS services to the user.
3. user obligations
3.1 Payment
The user is responsible for paying the platform fees on time. Payment must be made within the payment period (usually within 30 days of receipt of the invoice).
3.2 Access data
The user is obliged to keep all access data such as user name, password and any other security elements safe and to protect them from unauthorized access.
3.3 Contact details
The user is obliged to inform VETdata of the currently valid invoice and e-mail address. VETdata may send the user contractually relevant information (invoices, reminders, product or GTC changes, operational information, etc.) by post or to the last e-mail address provided by the user or via other electronic communication channels in a legally valid manner.
3.4 Contractual use
If the use deviates significantly from normal use or if there are signs of illegal or non-contractual behavior, VETdata may require the user to use the service in accordance with the law and the contract, delete illegal or non-contractual content, change, restrict or discontinue the provision of its services without prior notice and without compensation, terminate the contract without notice and without compensation and, if necessary, demand compensation and indemnification against third-party claims. The same applies in the event of incorrect or incomplete information provided by the user upon conclusion of the contract.
3.5 Obligation to report
If the user discovers content in his access area that violates the law or the contract, he is obliged to report this to VETdata immediately (within seven working days).
3.6 Criminal investigation
In the event of criminal prosecution, VETdata will cooperate with the authorities in accordance with the relevant legal provisions.
3.7 Malfunctions
VETdata must be notified immediately of any malfunctions of the platform and all reasonable measures must be taken to enable the defects or damage and their causes to be identified or to facilitate and accelerate the elimination of the malfunction.
3.8 Disruptions caused by gross negligence
The user is obliged to reimburse VETdata for the expenses incurred in checking its infrastructure if and to the extent that it is established after the check that the user caused the malfunction intentionally or through gross negligence or that it was within the user’s area of responsibility and the user failed to recognize this through gross negligence.
4. responsibility for the use of the connections
The user is responsible for any use of his connections, including use by third parties. Use of VETdata’s services by third parties is only permitted if VETdata has given its prior written consent. In particular, the user is not authorized to disclose or make accessible passwords for the use of VETdata services to third parties or to enable their use in any other way.
5. platform fees
5.1 User fee
The user pays a monthly usage fee, which is applied regardless of the intensity of use. The current prices and billing modalities of the platform apply.
5.2 Payment deadlines and default
The payment deadlines are based on the contract with VETdata. Once the payment deadline has expired, the user is automatically in default without a reminder. Any objections to the invoice must be raised by the customer in writing within the payment period. If no objections are raised within this period, the invoice shall be deemed to have been approved by the customer.
5.3 Power setting
If the user defaults on payment, VETdata is entitled to suspend or block its services.
5.4 Interest on arrears
If the User is in default of payment, VETdata shall also be entitled to charge default interest at a rate of 8%.
5.5 Reminder fees
VETdata may charge reminder fees of at least CHF 20.00 per reminder.
6. offsetting
The user expressly confirms that he waives any defense of set-off against VETdata.
VETdata, on the other hand, is entitled to invoice its services (in particular the subscription fees) directly via TVS.
7. Liability disclaimers and limitations
VETdata does not guarantee uninterrupted trouble-free operation or trouble-free operation at any particular time for its services. Liability for interruptions in operation, in particular for troubleshooting, maintenance or the introduction of new technologies, is hereby excluded.
VETdata does not guarantee the integrity of the data stored or transmitted via its system or the Internet. Any warranty for the accidental disclosure, damage or deletion of data sent and received via its system or stored there is excluded.
VETdata shall not be liable for any direct, indirect, incidental or consequential damages arising from any failure of the services provided by VETdata.
8. commencement, duration, termination, transfer and amendment of the contract
8.1 Start of contract
This contractual relationship enters into force upon completion of the registration process on the platform and upon acceptance of these GTC.
8.2 Duration of contract
Unless otherwise agreed, the contract lasts until the end of the twelfth month after conclusion of the contract. After the contract period, the contract is tacitly extended by a further twelve months in each case.
8.3 Period of notice
The notice period is three months to the end of a subscription period and must be given in electronic or written form. After expiry of the contractual relationship, the user data will be deleted upon request, with the exception of data for which there is a retention obligation (in particular invoices from suppliers).
8.4 Cancellation
Cancellation of the contractual relationship by the user before the end of the notice period is only possible with the express written or electronic consent of VETdata and subject to the assumption of all costs and expenses and full indemnification of VETdata. In the event of premature termination of the contractual relationship, any subscription fees already paid shall be forfeited and shall not be refunded.
8.5 Use contrary to law or contract
VETdata reserves the right to withdraw from the contractual relationship or temporarily suspend the service (with full indemnification) in the event of use contrary to the law or the contract, or to adhere to the contract with compensation for the resulting damage. The right to compensation for further damages remains reserved.
8.6 Transferability
VETdata is entitled to transfer the contractual relationship to another person.
8.7 Changes to prices and services
VETdata reserves the right to adjust its prices and services at any time. VETdata shall notify the user of any changes in good time by appropriate means. If VETdata changes the prices or services to the detriment of the user, the user may terminate the contractual relationship before the changes come into effect at the end of the current contract period. If this is not done, the changes shall be deemed to have been accepted.
9. property rights and copyrights
9.1 Right of use
VETdata retains full ownership and/or other rights to the Platform at all times. The user does not receive any rights in rem to the components provided. The user only receives a right of use for the duration of the contractual relationship. After the end of the contract, any authorization of the user to use the platform, applications, logos, signs or other documents and data of VETdata expires.
10. Liability and force majeure
10.1 Liability
VETdata excludes all liability to the extent permitted by law (this also applies to third parties and auxiliary persons). In particular, VETdata shall not be liable for damages resulting from the use of its services in breach of the law or the contract.
10.2 Force majeure
Furthermore, VETdata shall not be liable for the provision of the service if it is interrupted, restricted or impossible due to force majeure (e.g. power failure, malicious software, etc.).
11. Effectiveness of the provisions
Should provisions of these GTC be void or legally ineffective, the remaining provisions shall continue to apply. In this case, void or legally ineffective provisions shall be replaced by legally effective provisions that come as close as legally possible to the economic effects of the ineffective provisions.
12. Place of jurisdiction and applicable law
The place of fulfillment is CH- 9000 St. Gallen, Switzerland.
The exclusive place of jurisdiction for any disputes arising from or on the basis of these GTC or the contract is CH-9000 St. Gallen.
The contractual relationship between the parties shall be governed exclusively by Swiss substantive law. The “Vienna Sales Convention” (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980) shall not apply.