The general conditions of sale ("GTC") regulate the contractual relationship between the customer ("buyer") and Medias-Com's ("service providers"). With the transmission of the order, the buyer accepts the version of these GTC then in force.
The service providers have established common contract models for the IT sector (“standard contracts”). These are offered for sale on an online platform. Contracts registered in the name of a single association, i.e. which do not involve the participation of the other association, are clearly identified as such. The proposed standard contracts relate to single use and multiple use.
All orders are closed and are carried out exclusively on the online platform. Once the order has been placed, the corresponding type of contract as well as any annexes and checklists are directly added and / or modified on the website, under “My purchases”.
The standard contract is made available to the buyer in PDF format; an automatically generated contract number is affixed to the footer. Any checklists can be added in PDF format, any annexes in Word format editable.
Type contract for one-time use
The buyer receives a limited, non-exclusive and non-transferable right of use of the standard contract. Single use allows the buyer to use the standard contract for a single contractual relationship. The contracting parties have 10 days from the time of the order placed on the online store to make changes to the PDF documents.
Limitation of use
The standard contracts are protected by copyright. The transmission of contractual documents, in whole or in part, to third parties, their accessibility to the public or the transfer, publication free or not on the Internet or other network media, resale and / or any use for commercial purposes are not authorized.
Standard contract for multiple use
The buyer acquires a limited, non-exclusive and non-transferable right of use of the standard contract. The buyer is entitled to use the model contract several times throughout the duration of the contract.
Limitation of use
Standard contracts are protected by copyright. The transmission of contractual documents, in whole or in part, to third parties, their accessibility to the public or the transfer, publication free or not on the Internet or other network media, resale and / or any use for commercial purposes are not authorized.
Duration of the contract and ordinary termination
The right to use the acquired standard contract ends at the end of one calendar year from the date of the order; if neither party terminates the contract in writing at least 30 days before the end of the current contractual period, it is renewed for an additional year. The buyer must send his termination to the headquarters of Medias-Com's. Termination by providers may occur at the initiative of Medias-Com's. The right to use the standard contract expires at the end of the contract. As of this day, no new contract based on the model contract in question can be established.
Each of the parties is entitled to terminate the contract with immediate effect if any provision of these T & Cs is seriously breached by the other party. A serious breach is in particular established if a considerable part of the buyer's rights of use is not up to date with payment and this delay has not been settled despite a reasonable period of time granted.
Rights of use
In point 7 below, the rights of use are taken into account at the start of each contractual period.
Prices and terms of payment
All prices are exclusive of applicable legal VAT. The prices indicated are applicable subject to possible modification. Prices can be adjusted according to changes in taxes and duties. Payment is made online by electronic means (PSP - Payment Service Provider). Members of Medias-Com may require an invoice instead of electronic payment. The invoices are established by Medias-Com's; payment of the net amount is due within 30 days of the invoice date, any deduction excluded.
Security and data protection
The service providers protect the buyer's data in accordance with legal provisions. The data is only used for the proper performance of the contract and is not covered by third parties for commercial purposes.
Liability / Guarantee
The service providers are not liable for direct or indirect damage resulting from the contractual relationship between the buyer and service providers, in particular damage resulting from the use of a standard contract. Any other provision required by law in terms of liability remains reserved.
The validity of any modification made to these general conditions of sale requires the written form. Exemption from this formal requirement can only be agreed in written form.
Applicable law and competent court
These GTCS are subject to Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980. The exclusive jurisdiction is that of the place of the headquarters of Medias-Com’s.
Version: January 2020 All GTC modifications reserved.