The following General Terms and Conditions ("GTC") shall apply to all orders and agreements concluded between a Client and Virtual Accountant GmbH ("Contractor") for the provision of services. The GTC form an integral part of all offers, orders and contracts between the Client and the Contractor.
Orders placed with the contractor require written confirmation or a signed order contract to be legally effective. The offers are non-binding estimates of expenditure. Unless otherwise stated in writing, the Contractor's hourly rate quotations shall remain binding for a period of 30 days and shall become legally valid upon acceptance by the Client.
The remuneration to be paid by the Client for the Contractor's services shall be based on the type and amount specified in the contract. Any increase in the hourly rate shall be communicated electronically in writing at least 30 days before it comes into effect.
The ancillary services charged in connection with the service, such as license costs, expenses, material costs, etc., are shown separately.
An advance payment in the amount of an estimated average monthly bill may be requested as security.
Unless otherwise agreed, the Contractor shall invoice the Client for the services on a monthly basis at the end of each month. Subject to changes in the invoicing process after informing the client at least 30 days in advance. Ancillary costs are generally charged immediately, but at the latest with the monthly invoice. Invoices and any reminders are sent electronically. The invoices contain all the information and documents required for verification, such as the service period, scope of services, etc. and the relevant contact person.
Invoices are payable within 10 days. Deviating conditions are possible according to an additional agreement.
After expiry of an unfulfilled payment deadline of 10 days after invoicing, one or more payment reminders may be sent as a gesture of goodwill. Ongoing services to the client may be discontinued immediately after default of payment. In addition, statutory default interest of 5% on the outstanding gross amount shall be due from the date of default. If no payment is made within the specified period, debt collection proceedings will be initiated.
At the Client's request, the Contractor shall grant the Client access to the status of the services provided at any time during normal business hours and after prior notification and shall provide the necessary information.
The client is obliged to provide the contractor with all information, documentation materials and guidelines required for the understanding and correct implementation of the project by the agreed start date. The client is obliged to provide all necessary and possible support from his own resources without charge. Any delay in the provision of information by the client shall result in a postponement of the fulfillment of the order. The Client shall be liable for any costs incurred in connection with the delay in the fulfillment of the order caused by the Client. The client shall inform the contractor without special request of all documents and circumstances that may be of significance for the understanding of the project and the execution of the order. Virtual Accountant GmbH is entitled to invoice the work carried out due to project delays of any kind on the part of the client, at the latest 3 months after the agreed project completion.
All data and documents provided by the Client to the Contractor shall remain the property of the Client. Ownership and copyright to the services rendered shall be transferred to the client once the invoices have been paid in full. Deviating conditions are possible in accordance with an additional agreement. The Contractor shall take all necessary measures to protect the data and documents entrusted to it from exploitation by unauthorized persons and from loss.
The Contractor shall remain free to determine its place of work, the organization of its working hours and the organization of its work process, unless restrictions arise from the order accepted. The Contractor may call in third parties to fulfill its order.
The Contractor undertakes to provide the contractual services with the necessary care, taking into account and complying with the latest state of the art in science and technology and with existing expertise and expertise acquired during the term of this contract.
The Contractor shall only be liable for damage caused to the Client through gross negligence or intent. Under no circumstances shall the Contractor be liable for consequential damages. The Contractor shall not be liable if it is prevented from the timely or proper fulfillment of contractual services for reasons for which it is not responsible. The Contractor shall not be liable for the content created by the Client in Virtual Accountant GmbH.
The Contractor undertakes to maintain data secrecy in accordance with the current Data Protection Act.
The Client authorizes the Contractor to execute the order using third-party software. As well as to access the data from abroad.
The client is obliged to report defects to the contractor in writing, either electronically or by post, within 30 days of the service being provided. If the defects are justified, the Contractor shall rectify them within a reasonable period of time without any additional charge.
All rights, in particular copyrights to documents produced by the Contractor within the scope of its contractual relationship and/or in the production of which it participates, shall accrue exclusively to the Client after settlement of all claims. Deviating conditions are possible in accordance with an additional agreement.
The work results and the associated documents shall become the property of the client as soon as they are created in their respective processing state. The client shall have the exclusive right to use the work results as it wishes, to have them used and to grant third parties any rights of use to the work results.
The Contractor acknowledges the property rights of third parties (including proprietary and intellectual property rights) and shall make every effort to protect the Client from third-party claims.
The Client may only use the methods, procedures and tools developed by the Contractor and used in the order for the order placed and for its own purposes and may not pass them on to third parties or use them in any other way. The copyright to the methods, procedures and tools developed by the Contractor and used in the order shall remain with the Contractor.
The employment or use of services in any form by employees of the other party to the contract during the term of the contract and within one year after termination of the contract may only take place with mutual written consent.
The parties undertake to keep confidential all secrets of the other party, in particular trade and business secrets, which are entrusted to them in the context of an order or otherwise become known to them, and neither to exploit them nor to disclose them to third parties. This confidentiality obligation shall also apply after the end of the cooperation with the client.
With the exception of termination at an inopportune time, both parties have the right to terminate the contractual relationship at any time and without notice.
If the contractual relationship is terminated prematurely, the Client shall reimburse the Contractor for the costs incurred up to the termination of the contract. There shall be no further claims for performance or damages.
The contractor is entitled to amend the GTC at any time in justified cases. Amendments are published online and can be viewed by the customer at any time. If no written objection is received within 60 days of publication, the changes shall be deemed to have been approved. In the event of an objection, the client is free to terminate the order. Unless otherwise expressly agreed between the parties in an order, these GTC shall apply. The provisions of the Swiss Code of Obligations shall apply to all matters not expressly regulated in this agreement. The contract is subject to Swiss law. The place of jurisdiction is Zurich, Switzerland.
