1. Applicability

1.1 The «General Terms and Conditions» at hand, hereinafter “GTC”, regulate the rights and obligations between ProfiSoft Services AG, CH-3015 Berne
(hereinafter “PSS-AG”) and its clients . They are valid as long as nothing divergent has been agreed on.

1.2 By ordering a product or a service the customer acknowledges and accepts the GTC.

2. Prices

2.1 The prices of the products and services of PSS-AG are strictly net in Swiss Francs (CHF).

2.2 The prices are, unless otherwise indicated, including applicable Value-Added Tax. The prices are subject to the reservation of possibly price changes. We expressly reserve the right to adjust prices.

2.3 With a voucher or a promotion code a client can be eligible to a price reduction. Please ask us to find out if you are eligible or not before making any online payment.

3. Payment

3.1 If you wish to pay by credit card, you are obliged to indicate the necessary details on the order sheet. The amount will be debited online.

3.2 If you wish to pay by check or bank transfer, the services will only be provided once the payment has been received. If the payment is not effected within 30 days of the order, the order will be cancelled by PSS-AG.

4. Delivery

4.1 The transfer of ownership and of risk, in regards to the ordered products, occurs at the moment of the delivery of the products.

4.2 The delivery of software products is carried out in the form of download. As soon as your credit card company has cleared the payment, you will receive all necessary instructions for the download and activation of the paid products.

5. Right of Return

5.1 Generally there is no right of return. But we offer a free experience with our BOS-software. This is an opportunity for you to try it risk free. Just click here and get your Trial Version of BOS for free: https://bos-services.org/#trial

5.2 The right of return is limited and granted only if the PSS-AG has had the possibility of analyzing the issue per any remote-control software on the computer/server of the licensee within five working days. Additionally, the refund will only be granted if the problem is not caused by any non-standard third party software that is not part of the original software package.

6. Software and Services

It is your responsibility to make sure that the software or software service which you order are according to your needs and are compatible with your existing infrastructure, resp. systems and processes.

7. Stand-by and Response Times

7.1 We are available 7 days a week and will answer you very soon by email. The customer service is the first contact point for all PSS-AG customers. Inquiries can be submitted directly via the contact form here https://bos-services.org/#contact

7.2 The stand-by times result from the business hours published herehttps://bos-services.org/#contact.

All times are given in local Swiss time. Legal holidays at the place of business are not included in these stand-by times.

7.3 PSS-AG guarantees additional intervention and stand-by times within the Premium Support. In case of malfunctions that impair the intended use of the software substantially or make it impossible, PSS-AG will start working on the problem within 2 hours during the stand-by times. A liability for the non-compliance to service levels is only given, should PSS-AG be responsible for the non-compliance. This applies especially to:

  • Malfunctions which are not advocated by PSS-AG directly, especially malfunctions ascribed to third party suppliers.
  • Malfunctions attributable to the customer’s side fault.
  • Malfunctions resulting from inappropriate usage or reparation of hardware or software in the possession of the customer.

8. Liability

8.1 The existing terms and conditions of business reflect the entirety of the obligations and liability on the part of PSS-AG concerning the delivery of products and the providing of all services.

8.2 PSS-AG is not bound to any other warranties, regulations or conditions besides those which are explicitly mentioned in the contract.

8.3. The maximum liability of PSS-AG for breach of contract, tort (including negligence) or any other reason, is limited to the amount which you owe PSS-AG for the products and/or services in question.

9. Privacy

9.1 By submitting the order, you agree that we save, edit, use and forward your data received through your order form in order to execute your order.

9.2 PSS-AG sells software within the license procedure. With the purchase of the product you receive a license for your own use. It is for this reason, that your order is registered with a precise serial number and is reported to us through the installation. With completion of your order, you give PSS-AG the right to save this data.

10. Force Majeure

In case we are incapacitated to fulfill our duties due to vis major or other circumstances beyond our control, we do not assume liability. In case of deferrals due to vis major or other circumstances beyond our control (force majeure), we will fulfill our duties as soon as the circumstances deem it reasonable.

11. Place of Jurisdiction and Applicable Law

11.1 These regulations, as well as all contracts concluded in consideration of these regulations, are subject to Swiss law, with exception of the UN-Sales Convention (CISG, “Vienna Sales Convention”).

11.2 We endeavor to rectify disagreements efficiently and unbureaucratically. Berne (Switzerland) is the exclusive place of jurisdiction for all conflicts resulting from or in connection to these regulations, as well as to the individual contracts.

12. Partial Invalidity

12.1 If you or we do not assert individual rights from the contract in an individual case, this does not count as a quitclaim of such rights.

12.2 For the case that a condition of these regulations, resp. this contract is or becomes ineffective or impracticable, the remaining regulations remain untouched. In this case, both parties are obliged to bring about a regulation which comes closest to the ineffective regulation in terms of its economic quality. This is also valid in case of loopholes.