By signing the order form or by filling in the registration form for ordering CASAONE on the websites of Casasoft AG (“Provider”), the customer (“Customer”) unconditionally accepts the following general terms and conditions (“General Terms and Conditions” or “GTC”). The Provider reserves the right to change the GTC at any time. The amended Terms and Conditions shall become effective upon publication on the Website. Separate GTC apply to website products of the Provider.
1 Subject matter of the contract (Software as a Service “SaaS”)
1.1 The Provider is the developer and sole rights holder of the online real estate software CASAONE (“Software”). The Software includes various functions that are combined in standardized packages according to the product/price list. The customer can choose between different packages of the Software. Individual function supplements for customers are generally excluded or require a separate written agreement. By signing the order form or by filling out the registration mask for ordering CASAONE, the customer declares to know the exact functional scope of the selected package.
1.2 Not included in the license fees of the packages are changes made by the Provider to the stored Customer data within the software (adding, deleting or merging), research work in databases or the implementation of technical adjustments to the Customer account. The Provider reserves the right to charge additionally for such orders.
1.3 The customer intends to use the software online, i.e. on his own hardware using his own browser software via an Internet access available at the customer’s premises, and to pay in advance and annually for the use of the software as well as additional services a fee in accordance with the current product/price list published on the Provider’s website (www.casasoft.ch).
1.4 Of the Provider’s software, functions, computing capacity and storage space (“Services”) are made available to the Customer in accordance with the specification (as per the product/price list) on the Provider’s servers for use as intended.
1.5 The Provider shall continuously develop the software at its own discretion and shall improve it by means of updates. The current scope of functions is published on the Provider’s website. The Provider shall endeavor to update the Software in accordance with the technical and organizational circumstances. In order to maintain the quality standard, but also with regard to technical or economic developments, the Provider has the right to adapt, expand or restrict the functions at any time.
2 Rights of use
2.1 For the software provided on the Provider’s servers, the Customer is granted the non-exclusive right to use the functions selected and paid for by the Customer within the scope of this Agreement, which right is limited to the term of this Agreement and is not transferable to third parties.
2.2 The Customer shall not receive any further rights to the Software or to the Provider. In particular, the Customer has no claim to the surrender of copies of the Software or its source code, in whatever form.
2.3 The Customer has the option to order various additional services via the Software. These additional services may include integrations (or interfaces) to third-party software services. If access rights are required for the use of an additional service, the Customer agrees by ordering the additional service to grant all access rights necessary for this purpose in order to enable the exchange of the required information. In addition, the customer accepts the terms and conditions of the third-party providers with the order.
3 Data storage, data imports / data exports
3.1 By linking an email account (e.g. Google, Office 365 and others) to the Software, the Customer authorizes the Provider to synchronize emails from the corresponding mailboxes and store them in the software. The customer can request the deletion of this data within 2 weeks from the customer support of the provider.
3.2 The Provider provides the Customer with a defined storage space on a server for the storage of its data. The Provider may limit the defined storage space or charge for additional storage space. If the storage space is not sufficient to store the data, the Provider will inform the Customer in time.
3.3 The Provider is concerned to make the stored data accessible via the Internet according to technical possibilities.
3.4 The Provider may import and store data in the Software on behalf of the Customer. The scope of services of data imports and the resulting costs for the Customer are regulated in a separate document. By accepting these GTC, the Customer declares to have read and accepted the document.
3.5 The Provider is obliged to take appropriate and reasonable precautions against data loss and against unauthorized access by third parties. The Provider therefore makes regular backups and checks the Customer’s data for harmful software (viruses).
3.6 The Customer may not make the storage space available to third parties against payment or free of charge.
3.7 The customer undertakes not to store any content whose provision, publication and use violate applicable law. The customer must be in possession of the rights of all stored data. The data must be truthful and may not be misused to deceive.
3.8 The customer is the sole owner of his stored data. The Customer may demand from the Provider the surrender of all or individual data free of charge during the term of the contract. The Provider shall provide the data in an exportable format in accordance with current IT and industry standards.
3.9 After termination, the Customer is still entitled to demand the surrender of the data for three months (from the termination date). The Provider is not obliged to store the Customer’s data beyond this period.
4 Support and customer service
4.1 The Provider shall answer written and telephone Customer inquiries within the business hours published on the website (www.casasoft.ch).
4.2 The response will be provided as soon as possible and, as a rule, upon receipt of the request. The Provider reserves the right to prioritize individual requests.
5.1 The Software is generally available Monday through Sunday around the clock. The Provider shall make every reasonable effort to ensure uninterrupted availability, in particular during the core time from Monday to Friday, 08:00 – 18:00. However, the Provider reserves the right to shut down individual servers for maintenance reasons, thus temporarily limiting the availability of all or part of the Software.
5.2 The Provider provides its services with the greatest possible care, reliability and availability. However, it does not guarantee that the services can be accessed without interruption, that the connection to the servers can always be established or that the data stored by the Customer when using the Software will remain stored under all circumstances.
5.3 Specifically, in the event of force majeure, access by third parties or use of the Software by the Customer not in accordance with its intended purpose, which results in the complete or partial loss of or damage to the data recorded by the Customer, any liability of the Provider is excluded.
5.4 Notifications of changes or disruptions to the services are usually made by e-mail, on the Provider’s website or in the message center of the software.
6 Obligations of the Customer
6.1 Upon conclusion of the agreement, the Customer shall provide the Provider with at least one contact person with an e-mail address to which maintenance and other messages are to be sent. This e-mail address shall be retrieved by the Customer on an ongoing basis. The Customer is obligated to inform the Provider immediately of any changes in the contact person or in the e-mail address and of any disruptions occurring in the provision of the services under this Agreement.
6.2 The Provider may introduce the mandatory use of additional technical security levels to protect access to the Software from unauthorized third parties.
6.3 Access data (user names, passwords, URLs, etc.) communicated within the scope of the provision of the Services shall always be kept by the Customer in such a way that they cannot be viewed by any third party.
6.4 The Customer shall inform the Provider immediately if its access data to the software is used by unauthorized persons. In such cases, the Provider may change the password for the Customer.
6.5 The Customer is responsible for ensuring that the technical requirements for access to the Provider’s services are met at the Customer’s premises. This concerns in particular the use of hardware, the operating software, the connection to the Internet and an up-to-date browser software.
6.6 The proper use of the services also requires that the Customer’s system accepts the cookies transmitted by the Provider. The customer is responsible for ensuring that the appropriate settings are made.
6.7 It is the Customer’s responsibility to take the necessary precautions to secure its system. This includes in particular the security settings of the browsers used, the installation of a firewall, up-to-date protection software against malware and regular data backup.
7.1 The Provider shall charge the Customer for the expenses incurred in restoring the user accounts if negligent handling of the access data can be proven or if the additional security levels were not used.
7.2 The Provider disclaims any liability for damages incurred by the Customer due to misuse or loss of the access data provided to the Customer (user identification, password) and/or due to actions of third parties.
7.3 In particular, the Provider excludes any liability for damages caused by incompatibility of the terminal equipment used by the Customer or resulting from interruption of data transmission from the Provider to the Customer or lack of access security.
7.4 In the event of malfunctions or system failures, the Provider shall endeavor to remedy them as quickly as possible. In particular, however, there is no entitlement to the availability of telephone support and immediate problem resolution.
7.5 The Provider excludes any liability for damages of any kind (direct/immediate and indirect/immediate), which could possibly arise for the Customer due to the lack of availability of the software.
7.6 A claim for reimbursement of the usage fee for the period of lack of availability of the software is excluded. Claims for damages of any kind against the Provider are excluded, unless the damage was caused intentionally or by gross negligence on the part of the Provider. The liability for auxiliary persons according to Art. 101 OR is completely excluded. The exclusion or limitation of liability applies with respect to contractual and non-contractual liability.
8 Data protection
8.1 If the customer processes personal application data within the scope of this contractual relationship, he shall be responsible for compliance with the provisions of data protection law.
8.2 By accepting these GTC, the Customer acknowledges the data protection statement in the currently valid version. This is published on the provider’s website (www.casasoft.ch).
9.1 The product/price list published on the Provider’s website sets the fee owed by the Customer for the use of the Software. The Provider reserves the right to unilaterally adjust the product/price list. Reasons for an adjustment of the fees are, in particular, technical progress and further development of the software.
9.2 Customers who have an insertion contract with a real estate platform of SMG Swiss Marketplace Group AG (“SMG”) may – if offered by SMG – use the software packages from the Provider at special price conditions. The price conditions, customer benefits and termination dates are determined by SMG and are based on the respective insertion contract between the customer and SMG.
10 Terms of payment
10.1 The Customer shall pay the usage fee for the Software and any additional services in advance in each case in accordance with the product/price list published on the Provider’s website (in Swiss francs excluding the statutory value added tax due).
10.2 Other services agreed upon in writing between Customer and Provider shall be invoiced upon completion of the order.
10.3 The Customer shall use the invoice sent for payment. If bank or postal charges arise from the payment at the expense of the Provider, they shall be borne by the Customer.
10.4 All invoices in connection with the Provider’s services must be paid within 30 days of the invoice date. If the Customer is in default of payment, the Provider is entitled to immediately cease using the contractual service and to terminate this Agreement and all other contractual relationships with the Customer without notice.
11.1 The minimum contract period is 12 months. Either contracting party may terminate the agreement in writing, subject to a notice period of 30 days to the end of the contract period. The termination dates for SMG customers pursuant to Clause 9.2 shall remain reserved.
11.2 If the contract is terminated before the expiry of the agreed minimum duration or on a date not agreed, a refund of the usage fee pro rata temporis shall be excluded.
11.3 In the absence of termination, the contract shall be concluded for a further 12 months in each case; the usage fee published on the Provider’s website at the time of the contract extension (1st day of the new 12-month contract term) in accordance with the product/price list shall be deemed to have been agreed.
12 Intellectual property rights
12.1 All intellectual property rights to the Services, the CASAONE software, the Website and the documentation relating to the Services shall remain the property of the Provider.
13.1 The Provider undertakes to maintain secrecy about all confidential processes, in particular business or trade secrets of the Customer, that come to its knowledge in the course of the preparation, execution and fulfillment of this Agreement and not to disclose this information to outside third parties without the authorization of the Customer. This applies to any unauthorized third parties, unless the disclosure of information is necessary for the proper fulfillment of the Provider’s contractual obligations.
13.2 The Provider may publicly name the Customer as a reference or use the Customer’s logo for marketing and sales purposes.
14.1 All notices shall be sent in writing to the addresses indicated during the Customer’s registration or on the Provider’s website, unless a stricter form is mandatory in this Agreement or by law. Sending via e-mail satisfies the written form requirement in each case. Notifications of the Provider to the e-mail address indicated by the Customer during registration shall in any case be deemed to be a written notification.
14.2 The contractual partners shall be obliged to notify the other contractual partner of any changes of address (including e-mail) without undue delay, failing which notices sent to the address last notified in writing shall be deemed to have been received with legal effect.
15 Further provisions
15.1 Should one or more provisions of this Agreement be or become invalid and/or incomplete, the invalid and/or incomplete provision shall be replaced by a legally valid provision that comes as close as possible to the invalid and/or incomplete provision in terms of its effectiveness. The invalidity and/or incompleteness of a provision shall not affect the validity of the other provisions. Swiss law is exclusively applicable to the legal relationship between Provider and Customer.
15.2 The place of jurisdiction for disputes arising from or in connection with agreements between Provider and Customer is the registered office of Provider (Zurich). However, Provider is at liberty to take legal action against Customer at Customer’s domicile/registered office.