General Terms and Conditions (GTC)

1 Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") govern the conclusion, content and execution of any number of service and usage contracts between Permagroup and its customers (hereinafter "Customer"). Permagroup is entitled to amend these GTC at any time. The currently valid GTC are published on the Permagroup website (www.permagroup.ch). The GTC apply in the currently valid version.
1.2 By concluding the contract in accordance with section 2.1, the customer confirms that they have carefully read and accepted the GTC.

2 Conclusion of contract
2.1 Permagroup refers to these GTC in its offers and contracts. The customer accepts these GTC upon receipt of data files, data carriers or Internet access data, but at the latest upon acceptance of offers or signing of contracts. The customer's general terms and conditions of business or delivery shall not apply, even if reference is made to them in the offer or other associated documents.
2.2 The exact content of the goods and services purchased from Permagroup is specified in Permagroup's offer or in individual contracts.

3 Prices / Licenses
3.1 The prices for all services are based exclusively on the written confirmation from Permagroup or a separate individual contract.
3.2 If no special written agreement has been made, invoicing will be at Permagroup's usual rates at the time of the order.
3.3 Changes to the quantity structure on which the offer or the separate contract is based or subsequently requested technical changes may result in a change to the prices offered.
3.4 Material, ancillary costs and expenses are not included in the prices or licenses and will be invoiced at the applicable rates according to the agreement (offer, signed order confirmation, individual contracts, etc.).

4 Terms of payment
4.1 All prices quoted are net prices and do not include statutory VAT. Invoices are due for payment in advance and payable within 30 days of issue.

5 Rights of use and exercise of rights of use
5.1 For the duration of this agreement, the customer is granted a simple, non-sublicensable right to use the database access, information and software provided to him.
5.2 Permagroup creates individual accesses for the customer. The customer guarantees the confidentiality of access data and passwords and ensures that only authorized users have access to them. The transfer of access data to unauthorized third parties is not permitted. If the customer becomes aware of misuse of access, they will inform Permagroup immediately. Access to the databases and services is via the Internet.
5.3 The customer shall only use the services provided to him in accordance with the applicable laws. In particular, the customer guarantees compliance with the provisions on data protection and copyright and indemnifies Permagroup against claims by third parties asserted against Permagroup for violation of the aforementioned provisions.
5.4 If the customer is a reseller, the restrictions on use can be amended in individual contracts. Notwithstanding this, the customer is also liable to Permagroup for compliance with these contractual terms by the end customer. In addition, the customer must ensure that all resale transactions can be verified at any time.
5.5 Upon termination of the contract, the customer's right and ability to access the database, information and software expires. Permagroup will delete the collected data from all systems no later than 30 days after termination of the contract.

6 Support
6.1 In the event of technical faults, the customer has the option of contacting Permagroup during normal business hours (08.00 to 17.00) via support@permagroup.ch.

7 Term and termination of contract
7.1 Unless otherwise agreed in the individual contract, the minimum term for license agreements is twelve months. The contract is extended by a further twelve months if it is not previously terminated in writing by one of the contracting parties with a notice period of 30 days to the end of the contract year.
7.2 Permagroup has an extraordinary right of termination if the customer alternatively - provides false personal information when registering or during the subscription period, - changes data or the Permaleads tracking code or manipulates it in any way, - reproduces racist, pornographic or other immoral content on its website, or - violates these GTC.
7.3 After the subscription ends, the customer is no longer authorized to use Permagroup's services and must remove the Permaleads tracking code integrated into their website within five working days.

8 Liability
8.1 The liability of Permagroup, including its bodies, employees or vicarious agents, for damages of any kind is excluded. This exclusion does not apply
8.1.1. for damages caused by gross negligence or intent on the part of Permagroup.
8.1.2. for damages resulting from a breach of material contractual obligations by Permagroup. If the customer suffers damage due to a delay in delivery caused by Permagroup, the customer can demand compensation for this up to a maximum of the order value of the service in question. If Permagroup is in default, the customer can withdraw from the order after setting Permagroup a reasonable grace period and simultaneously threatening to withdraw if the service is not provided within the grace period.

8.2 Permagroup expressly reserves the right to partially modify or supplement products. However, Permagroup guarantees that it will not make any changes that restrict use.
8.3 Furthermore, Permagroup is not liable for the accuracy of the data or for system-related failures or failures caused by an attack by third parties or other causes outside its area of responsibility.
8.4 In particular, Permagroup does not guarantee that all of the customer's requirements will be met or that the functions contained therein will run uninterrupted and error-free.
8.5 Permagroup is not liable for the content of direct or indirect references to external websites (hyperlinks) that lie outside Permagroup's area of responsibility.

9. data protection
9.1 Permagroup undertakes to comply with the statutory provisions on data protection. Permagroup will treat the customer's data and information confidentially and will only process it insofar as this is necessary for maintenance or operational purposes. The data and information may not be disclosed to third parties. Permagroup undertakes to take appropriate organizational and technical precautions to secure the data and to protect it from unauthorized access.
9.2 The customer is aware that data protection for data transmissions in open networks such as the Internet cannot be comprehensively guaranteed according to the current state of the art. Despite extensive technical and organizational security precautions, data may be lost or intercepted and/or manipulated by unauthorized persons. The customer is therefore responsible for backing up the data he obtains.
9.3 Taking into account the applicable data protection regulations, the customer shall indicate on its website that information from web visitors is collected and used for analysis.
9.4 Use of user analysis by Permaleads: Permaleads is a website analysis tool for analyzing user behavior and identifying the IP address of legal entities for marketing purposes. The use of this service requires that data on user behavior (e.g. IP address, time of access, user behavior, browser request, etc.) is transmitted directly to the analysis server and made available to the customer for exclusive use. The data collected is treated as strictly confidential and is neither sold nor passed on to third parties. Website visitors can send an email to optout@permagroup.ch if they no longer wish to be identified.

10 General
10.1 The customer shall, after prior agreement, make himself available free of charge for reference information and permit Permagroup to use the customer logo with a brief description of the services provided on its websites.
10.2 The contractual relationship between the parties shall be governed exclusively by Swiss law.
10.3 The place of jurisdiction for all disputes arising from this contract and its execution is either the registered office of the customer or the registered office of Permagroup.