General Terms and Conditions (GTC)

FontesX GmbH in Zurich (“FontesX”) is the owner and operator of the Internet platform www.fontesx.com (“www.fontesx.com”). These General Terms and Conditions (“T&Cs”) govern the rights and obligations related to the use of the services and products offered on the Website www.fontesx.com.

1. Scope of application

Fontesx’s T&Cs as well as the provisions declared binding by these T&Cs and set out alongside the T&Cs, in particular the data protection provisions, regulate the rights and obligations in connection with the use of the services and products offered via www.fontesx.com (including all subdomains). Fontesx reserves the right to modify these Terms and Conditions at any time and to publish the current version on www.fontesx.com.

These T&Cs also apply to all other services that Fontesx provides directly and indirectly to its customers.

2. Conclusion of the contract

The contract is concluded by paying for the service on www.fontesx.com and/or on websites linked to it. The contract is also concluded if the customer uses the services offered by Fontesx or obtains or uses products from Fontesx.

3.Prices

Unless otherwise stated, all prices are in Swiss francs (CHF) and exclusive of any value added tax (VAT) and other applicable taxes.

The prices published on the website www.fontesx.com at the time of conclusion of the contract and the prices published on its linked websites apply. FontesX reserves the right to change prices at any time. Separate agreements with the customer take precedence over the prices published online.

4.Payment

4.1 Means of payment and credit check

The Client may use the payment methods indicated on the Platform. FontesX reserves the right to exclude individual payment methods in general or for individual customers without giving reasons. FontesX is also entitled to charge surcharges for individual means of payment.

FontesX may obtain a credit report about the customer from third parties in order to protect its legitimate interests and pass on your customer data about payment behavior to third parties.

Ordered products and vouchers remain the property of FontesX until the purchase price (including all surcharges) has been paid in full.

4.2 Payment deadlines and default of payment
Unless otherwise agreed, immediate online payment by the customer is required. If agreed, the customer agrees to pay the invoice amount within 30 days of the invoice date. If the invoice is not paid within the aforementioned payment period, the customer will be reminded. If the customer does not pay the invoice within the set reminder period, he will automatically be in default. From the time of default, the customer owes default interest in the amount of 5%.

FontesX reserves the right to request advance payment at any time and without giving any reason. FontesX has the right to refuse to provide services or products in the event of late payment.

In the case of an online payment or a purchase on prepayment, the provision of the service or the delivery of the products will only take place once the corresponding payment has been received by FontesX.

It is not permissible to offset the invoice amount against a claim by the customer against FontesX.

5. Obligations of Fontesx

5.1 Provision of services

Unless otherwise agreed, FontesX fulfils its obligation by providing the service published or agreed upon online. The place of performance is the registered office of FontesX.

5.2 Assistants

The parties are entitled to call in auxiliary persons to fulfil their contractual obligations. The parties undertake to ensure that the deployment of assistants is carried out in compliance with all mandatory legal provisions and any collective employment agreements.

6.Obligations of the Client

6.1 Exercise of rights of use

The customer is responsible for the secure storage of his access data and passwords as well as for the content of the stored data and information. The customer hereby declares that all information provided by him is truthful and up-to-date and does not violate the rights of third parties, morality or the law. FontesX is entitled, but not obliged, to check the accuracy and completeness of the content provided by the customer at any time.

6.2 Duty to cooperate

The Client undertakes to immediately take all arrangements required by FontesX for the provision of the Service. Among other things, the customer must provide FontesX with all documents and information required in connection with the provision of the service in full and correct in terms of content. FontesX is not responsible for verifying the completeness and accuracy of the documents, information and figures provided by the Client.

6.3 Documents
The Client acknowledges that the forgery or falsification of a document, the use of a genuine signature to produce a false document and the incorrect notarisation of a legally relevant fact, as well as the fraudulent use of a false notarisation in accordance with Art. 253 SCC.

7.Withdrawal

7.1 Withdrawal
Both parties have the right to withdraw from the contract at any time. The withdrawing party must reimburse the other party in full for the costs already incurred. Resignation at an inopportune time is not permitted. The costs caused by the withdrawal will be charged to the customer. This applies in particular to costs and fees of partners and offices (e.g. notary, tax consultant, management consultant, commercial registry office).

7.2 Additional services
Additional services selected for the service cannot be deselected, a refund for unused additional services is excluded.

8.Warranty

8.1 Service
FontesX makes every effort to ensure good availability of www.fontesx.com and related websites and takes reasonable precautions to protect www.fontesx.com from interference by third parties.

However, FontesX cannot guarantee that the functioning of www.fontesx.com and the websites linked to it, as well as the services and products offered, will be uninterrupted or error-free, nor can it guarantee that the files are free of viruses. FontesX does not warrant the accuracy, completeness, reliability or quality of the information, documents or processes published or transmitted, or the results of the services and products. In addition, FontesX cannot guarantee that the use of the Service will not be affected (by spam, malicious software, spyware, hacking or phishing attacks, etc.) or that the Customer’s infrastructure will not be damaged or otherwise harmed to the Customer. Any problems or defects must be reported to FontesX immediately.

Any defects in the products must be reported to FontesX immediately. It is at FontesX’s discretion whether to improve or replace the defective product. Only if replacement or improvement is impossible, the customer is entitled to a reduction or refund of the purchase price.

9.Data protection

You will be informed in detail about the nature, scope and purpose of the collection, processing and use of the personal data required for the execution of orders by FontesX in the Privacy Policy and Data Processing Agreement.

10.Liability

Claims for damages against FontesX due to impossibility of performance, positive breach of claim, fault at the conclusion of the contract and tort are excluded, unless intentional or grossly negligent conduct is present.

Liability for slight negligence is expressly excluded. Liability for indirect and consequential damages as well as lost profits resulting from the use, malfunction or failure of the service is excluded. Liability for direct damages is limited to the sum of the services and/or products purchased by the customer. This limitation of liability does not apply to direct damage caused by gross negligence or intent.

The customer is obliged to report any damage to FontesX immediately.

Liability for auxiliary persons is completely excluded.

11.Intellectual Property Rights

FontesX is the owner of all rights to the services and products and any trademarks, or is authorized by the owners to use them. Neither these T&Cs nor any related agreements have as their object the transfer of intellectual property rights, unless expressly stated. In addition, any further use, publication and provision of informational, image and text material as well as anything else that the customer receives in connection with these T&Cs is prohibited, except as expressly permitted by law. If the customer uses content, images or text material in connection with FontesX to which third parties have a property right, the customer must ensure that no third-party property rights are infringed.

12.Severability

Should any provision of these T&Cs or any amendment to the contract be invalid or ineffective, this shall not affect the validity of the remaining provisions and these T&Cs as a whole. The contracting parties shall replace an invalid provision with a valid one that comes as close as possible to the economic purpose pursued by the invalid provision. The same applies to any gaps in the contract.

13.Modification of the T&Cs

FontesX reserves the right to change these T&Cs at any time. The new version of the Terms and Conditions will come into force upon publication on the FontesX website.

For customers, the version of the GTC valid at the time of the order is authoritative, unless the customer has agreed to a new version.

14.Precedence

These T&Cs take precedence over all older provisions and contracts. Only provisions from separate agreements that specify the provisions of these GTC or go beyond them shall take precedence over these GTC.

15.Confidentiality

Both parties and their agents agree to keep confidential all information transmitted or received in connection with the Services and Products. This obligation shall remain in force even after the termination of the contract.

16.Vis major

If FontesX or third parties involved are prevented from fulfilling their obligations in a timely manner due to force majeure (e.g. natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions, insurrections, terrorism, sabotage, strikes, nuclear accidents or reactor damage), FontesX shall be released from fulfilling its obligations in a timely manner for the duration of the force majeure and for a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, FontesX may withdraw from the contract. Payments already made are to be reimbursed by FontesX in full.

Further claims, in particular claims for damages due to force majeure, are completely excluded.

17.Place of jurisdiction and applicable law

The contractual relationship between the parties is subject exclusively to Swiss law. The parties waive the conflict of law rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

The place of jurisdiction is, as far as legally permissible, the registered office of FontesX.