The Italian version of these terms prevails; this English version is provided for convenience.
SecurData Sagl, Via Gaggiolo 27, 6855 Stabio (Ticino, Switzerland), CHE-246.572.621 («SecurData», «we») provides the business software SecurGest as a service over the internet.
These terms govern the relationship between SecurData and the customer («the Customer», «you») and apply both to the free trial and to any paid use that follows. By accepting them at sign-up, the Customer accepts them for the entire duration of the relationship.
The service is intended for companies, self-employed professionals and institutions. It is not offered to consumers.
The contract is formed when the Customer completes sign-up, confirms their email address and the software is activated.
The free trial lasts 30 days from activation, requires no payment details and does not turn into a subscription automatically: if no plan is activated by the end of the trial, access is suspended. The data remains available for 60 days, during which a simple request is enough to reactivate the software; after that it may be deleted permanently.
During the free trial the service is provided as is, with no warranty as to operation or fitness for a particular purpose.
SecurGest includes the features described on the website at the time of subscription, according to the chosen plan, with the data hosted on servers in Switzerland in a database dedicated to each individual customer.
SecurData develops the product continuously and may add, change or replace individual features. If a change substantially reduces essential features of the subscribed plan, the Customer may terminate the contract as of the date of the change.
SecurData strives for high availability but does not guarantee uninterrupted or error-free operation. Maintenance work, normally announced in advance, and interruptions not attributable to SecurData (in particular failures of the network operator, the data centre or third-party services) are reserved.
Prices are those shown on the website at the time of subscription, per user and per period, excluding value added tax. Invoicing is in advance, monthly or annually at the Customer's choice.
If payment is not made within 30 days of the due date, SecurData may suspend access after a written reminder. Suspension does not extinguish the debt. SecurData may adjust prices with 60 days' notice; a Customer who does not accept the adjustment may terminate as of the date the new price would take effect.
The subscription renews automatically for periods of the same length unless terminated before the end of the current period. Termination must be in writing, including by email to info@securdata.ch.
SecurData may terminate the contract with immediate effect in the event of a serious breach of these terms, in particular unlawful use of the service or persistent non-payment.
When the relationship ends, for whatever reason, the Customer has 60 days to export their data using the functions of the software. After that, the data and the backups containing it are deleted. On written request within the period, SecurData can provide a full export.
SecurData makes daily backups of the infrastructure, intended to restore the service in the event of a technical failure. They are not the Customer's archive and do not replace the Customer's own copies.
The Customer is required to download their own copies of the data they need on a regular basis, using the export and backup functions of the software, and to keep them on media under their own control.
SecurData makes the full export function available at any time at no extra cost. If the Customer does not use it, no claim can be based on that fact.
SecurData is liable for damage caused intentionally or through gross negligence, to the extent provided by law. Any further liability is excluded within the limits permitted by article 100 of the Swiss Code of Obligations, in particular for:
Where liability does exist, it is limited in aggregate to the amount paid by the Customer in the twelve months preceding the damaging event. During the free trial, as there is no payment, liability is limited to intent and gross negligence.
This limitation does not apply to damage to life, body or health, nor to other cases in which the law excludes limitation.
The data the Customer enters into the software remains theirs. SecurData processes it solely to provide the service, on the Customer's instructions, does not use it for its own purposes, does not sell it and does not disclose it beyond what is necessary to run the service.
With regard to this data SecurData acts as a processor within the meaning of art. 9 of the Swiss Federal Act on Data Protection; the Customer remains the controller. The relationship is governed by the appointment as processor; the list of sub-processors is set out in the privacy notice. Both documents form an integral part of these terms.
The processing of the Customer's own data as a contact person (sign-up, invoicing, support) is described in the same notice.
The software, the documentation and the trade marks remain the property of SecurData or of their respective owners. The Customer receives a non-exclusive, non-transferable right of use limited to the duration of the contract. Decompiling the software, reselling it or making it available to third parties outside the Customer's own organisation is not permitted.
SecurData may change these terms. Changes are notified at least 30 days in advance by email or within the software. If the Customer does not terminate within that period, the changes are deemed accepted; the notice states this expressly.
These terms are governed by Swiss law, excluding its conflict-of-law rules and the Vienna Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the registered office of SecurData Sagl in Stabio, subject to mandatory places of jurisdiction.
If any clause proves invalid, the remainder of the contract stays valid and the clause is replaced by the lawful provision closest to the intended purpose.
| Company | SecurData Sagl |
|---|---|
| Address | Via Gaggiolo 27, 6855 Stabio, Switzerland |
| UID | CHE-246.572.621 |
| info@securdata.ch | |
| Phone | +41 91 230 10 05 |