These General Terms and Conditions (GTC) govern all business relationships between StepUp Schweiz GmbH (hereinafter referred to as “StepUp”) and its customers. Deviating conditions of the client are only recognized if StepUp has expressly agreed to them in writing, and such agreement must be documented. StepUp offers are valid for 30 days, unless otherwise stated. Orders can be placed by e-mail, letter post, or by personal delivery to StepUp. StepUp reserves the right to refuse orders without explanation. However, reasons for refusal will be provided upon written request. StepUp reserves the right to interrupt, shorten, or prematurely terminate the execution of an order if the customer makes it difficult or impossible to fulfill the order or is in default of payment.
The contractually agreed services are provided by StepUp with care and high quality. StepUp is entitled to assign parts of an order to qualified subcontractors at its own discretion. StepUp will proactively disclose the identity of subcontractors to the client prior to commencing work involving such subcontractors.
StepUp undertakes to carry out all orders with the greatest possible care and quality. However, StepUp assumes no liability for the result of the activity. StepUp’s liability for damages is limited to gross negligence or willful misconduct, in accordance with applicable law. In particular, StepUp is not liable for damages due to circumstances beyond StepUp’s control, such as incorrect manipulation or attacks on the client’s IT environment. StepUp also assumes no liability for the suitability or functionality of third-party software in the customer’s IT environment. StepUp guarantees that third-party software licenses required for the service are valid and obtained in compliance with relevant laws.
StepUp and the client mutually undertake to maintain the confidentiality of all information and data that is not generally known and that becomes accessible in the course of the execution of the contract. This confidentiality obligation shall also apply after termination of the contract as long as a legitimate interest exists. StepUp collects and processes personal data in accordance with its own privacy policy and the Swiss Data Protection Act (DSG) and, where applicable, the General Data Protection Regulation (GDPR) for EU and UK clients. StepUp and the client ensure data protection and data security within their respective spheres of influence and responsibility.
StepUp undertakes to treat all information received from the client as strictly confidential and to use it exclusively for the execution of the order. Agreements to the contrary remain reserved. Clients’ data will only be used for anonymized research purposes with prior written consent. StepUp ensures that third parties cannot infer the results of the studies or previous projects and the identity of the client from the use of the know-how. StepUp can reuse general findings from studies and projects.
StepUp reserves the right to assign orders to subcontractors at its own discretion, unless otherwise agreed. The identity of the subcontractors will be disclosed to the client on request.
Travel expenses are charged at cost (1st class train or car CHF 0.85 per km), meals and accommodation at actual cost. Third-party services such as hotels, translations, and production of materials will be charged to the client. All expenses must be pre-approved by the client if exceeding CHF 500.
If StepUp relies on software from a third-party provider for the provision of services, the use is in accordance with the license terms of this provider. StepUp undertakes to procure the necessary licenses. StepUp is not liable for issues arising from software incompatibility or failure unless directly caused by StepUp’s actions. The customer is responsible for ensuring that the software meets the specific requirements in terms of data protection, data security, and compatibility.
Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the original provision. Deviations from these GTC must be made in writing.
These GTC and all contractual agreements are subject to Swiss law. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Baden. For clients in the EU/UK, disputes may alternatively be resolved through arbitration in accordance with Swiss arbitration rules, if mutually agreed.
January 2025
