Legal

Information and resources.
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Brascom Legal

Here you will find legal information and resources on products and services from Brascom GmbH
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1.
Imprint

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Brascom GmbH
Bahnhofstrasse 55
CH-8360 Eschlikon TG

Management: Gabriel Schafflützel

Register court: Frauenfeld

Register number: CH-440.4.034.402-6

VAT number: CHE-317.250.995 MWST (valid from 01.07.2019 to 31.12.2020)

Gender notice
We want to address men and women equally with our texts and content. To make my texts easier to read, we use either the feminine or masculine form of personal nouns. The reason: the use of both forms in the text is at the expense of easy and quick readability, we don’t like the ‘Binnen-I’, we also do not like ‘_ ‘(underscore) and‘ / ’(slash) in words. That is why we chose this approach.

Liability notice and links
We check all links to external websites, but assume no responsibility for their functionality, completeness, correctness and topicality. The contents of this website are created to the best of our knowledge. There is no claim to completeness, functionality, topicality, quality and correctness and therefore no liability is assumed.

2.
Terms and Conditions (GTC)

Terms and Conditions (GTC)

Issue June 24, 2021

1 General

These “General Terms and Conditions” (hereinafter “GTC”) regulate the conclusion, content and processing of contracts between BRASCOM GMBH, BRASCOM TECHNOLOGY CONSULTING LLC or BRASCOM TECHNOLOGY CONSULTING LTDA and the customer.

In this document, the purchaser (work contract), the client (simple order) and the buyer (sales contract) are called “customer” and the entrepreneur (work contract), the contractor (simple order) and the seller (sales contract) “BRASCOM“.

In detail, the framework contract contains the basic provisions of the cooperation between the customer and BRASCOM. Individual contracts also regulate the specific provisions of the work to be produced (work contract), the service to be provided (simple order) or the object of purchase (purchase contract). Framework contract and service level agreement (s) (hereinafter “SLA”) as well as any other agreements (hereinafter “special agreements”) between the customer and BRASCOM are referred to as the “contract”. Individual contracts are, for example, SLAs, project contracts, orders and small orders. The provisions of the framework contract and the individual contracts together form the content of the contract and are referred to as “contractual performance”.

2 Scope and Validity

The terms and conditions apply, unless otherwise agreed in writing in the contract. General terms and conditions of the customer apply insofar as they are expressly recognized in the contract.

Should there be any contradictions between the present GTC and the contract, the regulation contained in the contract shall apply.

In addition to the terms and conditions and contractual provisions, the provisions of the Swiss Code of Obligations apply.

3 definitions

“IT system” means the entirety of equipment, including hardware, software, systems, cables and facilities, which is provided by BRASCOM in order to make the contractual service available to the customer.

“Customer system” means the totality of equipment, including hardware, software, systems, cables and facilities, which BRASCOM is made available by the customer and used together with the IT system so that the contractual service can be provided.

4 Offer and conclusion of the contract

Offers are valid for 30 days. The offer is accepted with the legally valid signature of the contract or digital signature via the BSX system.

5 Execution and modification of the contractual service

The contract is executed using generally recognized IT methods and to the best of our knowledge and belief. The contractual performance corresponds at all times to the relevant official regulations and relevant technical regulations.

Each party can request a change to the contractual service at any time in writing. This change must be approved by the other party. The corresponding modalities of the change are to be recorded in writing in an addendum to the contract.

6 Customer’s duty to cooperate

The customer creates the prerequisites in his area so that BRASCOM can optimally provide the contractual service. He has to inform BRASCOM about technical or other facilities and circumstances which could jeopardize the contractual performance (contractual performance). The customer provides his cooperation services at his own expense.

7 Procurement

Hardware and software to be provided or operated by BRASCOM within the framework of the agreed contractual services is specified and procured by BRASCOM. The customer’s requirements (e.g. performance, availability) are taken into account.

8 House installation, IT systems

The house installation is the responsibility of the customer. If IT systems are placed at the customer site, the customer provides the stand and the power supply free of charge. The customer is responsible for the ambient conditions

Room responsible (room temperature +5 to + 30 ° C; humidity 10 – 90% RH non-condensing).

IT systems or parts thereof in the custody of the customer remain the property of BRASCOM. They are neither accessories nor part of the building in which they are installed.

9 Safety Regulations

The customer must ensure at all times that the customer system complies with the relevant national safety standards and must comply with them at all times.

BRASCOM reserves the right to interrupt or discontinue the connection to all customer systems or the provision of the contractual service if this could result in personal injury or property damage or if the quality of the contractual service would be significantly impaired. BRASCOM will inform the customer immediately in these cases.

10 Testing and acceptance

BRASCOM notifies the customer of the provision of the contractual service (installation, commissioning). Together with him, the contractual performance is checked and the acceptance takes place within a reasonable period of time, which is recorded in writing in a protocol. BRASCOM then approves the contractual service.

11 Personnel deployment and provision of services by third parties

BRASCOM only employs carefully selected and well-trained staff. At the request of the customer, it replaces people within a reasonable period of time who do not have the specialist knowledge required to fulfill the order or who impair the fulfillment of the order.

BRASCOM is entitled to have services carried out by third parties. It is responsible for the careful selection, instruction and monitoring of third parties.

12 Remuneration and terms of payment

The amount of the remuneration and the terms of payment are based on the contract. The remuneration is exclusive of the statutory value added tax.

Unless otherwise agreed, invoices are to be paid without any deductions no later than 30 days from receipt of the invoice.

13 Property rights and rights of use

The property rights and rights of use to the IT system made available to the customer by BRASCOM as part of the contractual service or parts thereof remain with BRASCOM resp. with their provider. The right to lend or reproduce and pass on the IT system or parts of it to third parties is expressly excluded. The transfer of the licenses requires the consent of BRASCOM. Parts of the IT system that are not licensed by BRASCOM are subject to the manufacturer’s license terms.

For the customer resp. The customer is responsible for the property rights and rights of use to which he is entitled to the customer system. He allows BRASCOM to use these rights within the scope of his power of disposal, insofar as they are necessary for the provision of the contractual service.

The customer undertakes not to use the contractual service in any way that would in any way lead to a violation of the property rights and rights of use of BRASCOM resp. whose agency can lead.

14 Patent and Copyright Protection

BRASCOM undertakes to defend the customer in legal disputes at their own expense, provided that these are based on the fact that the use of the contractual service provided by BRASCOM constitutes a direct infringement of a copyright or a patent.

BRASCOM exempts the customer from any liability for damages and costs to which he is legally sentenced on the basis of such a claim. The prerequisite for this is that the customer notifies BRASCOM immediately of the assertion of such a claim, grants it the power to independently defend against the claim and its settlement, provide all available information at its own expense and provide it with all support and power of attorney to defend it granted such a claim and did not settle such legal disputes by way of settlement without the prior consent of BRASCOM.

BRASCOM is not liable for acts of infringement or claims that can be traced back to the use of an IT system in connection with other systems, software or data that do not originate from BRASCOM.

15 Warranty

BRASCOM guarantees a faithful and careful execution of the contractual performance according to generally recognized IT methods and to the best of its knowledge and belief. As long as defects in the contractual service can be remedied by repair or replacement within a reasonable period of time, the customer can neither demand a reduction in the remuneration nor a cancellation of the contract.

If repairs fail, BRASCOM will reimburse a reasonable amount of the remuneration. There is no right to a reduction in the remuneration if the defect is due to force majeure or negligence (intent, gross or slight negligence) on the part of the customer.

16 liability

BRASCOM is liable to the customer for damage caused intentionally or negligently in connection with the provision of the contractual service. As far as legally permissible, BRASCOM excludes liability for indirect and consequential damage, such as lost profit, unrealized savings, business interruption, additional expenses, claims by third parties and loss of data.

In the case of alleged liability to BRASCOM, the customer is obliged to notify BRASCOM of the damage immediately, otherwise a waiver of compensation is accepted. He is also obliged to take all reasonable measures to minimize such damage or its effects.

The customer is liable for all damage caused intentionally or negligently that arise as a result of the careless use of the IT system.

17 Force Majeure

The contractual partners are not liable for non-fulfillment of the contract if this is due to events or circumstances of force majeure for which the contractual partners are not responsible and the contractual partner concerned notifies this immediately and makes all reasonable efforts to fulfill the contract.

18 Confidentiality and data protection

The parties are obliged to treat as strictly confidential all information made available to them in the performance of the contractual service as well as knowledge that they obtain on the occasion of cooperation – e.g. disclosed plans, samples, drawings, trade or company secrets, business and manufacturing secrets. You undertake to use, exploit or pass on to third parties such confidential information only with the express written consent of the other contracting party outside of the contractual relationship.

The confidentiality obligation does not apply to information which the other contracting party has demonstrably received or received from third parties, or which was already generally known at the time the contract was concluded or subsequently became generally known without the publication being based on a violation of this confidentiality agreement.

This obligation remains for both parties even after termination of the contract for a further two years from the end of its term.

BRASCOM is entitled, within the scope of the purpose of the contract concluded with the customer, to process the personal data entrusted to it in compliance with data protection regulations or to have it processed by third parties. BRASCOM will process the customer’s personal data in accordance with the customer’s written instructions in accordance with the statutory data protection provisions. For his part, the customer assures BRASCOM of legal responsibility for the data that he has provided to BRASCOM for processing.

BRASCOM is entitled to include the customer on its reference list in consultation.

19 Prohibition of assignment

The customer cannot assign claims from the contract to third parties without the prior written consent of BRASCOM.

20 final provisions

Changes to these terms and conditions must be made in writing to be effective.

Should a provision of these terms and conditions be or become ineffective or have a loophole, the validity of the remaining provisions remains unaffected. In such a case, the parties are obliged to contribute to the creation of provisions through which a legally effective result is achieved that comes as close as possible to the ineffective or missing provision.

21 Applicable law and place of jurisdiction

The contractual relationship is subject to Swiss law. The United Nations Convention on the International Sale of Goods of April 11, 1980 does not apply. Disputes between BRASCOM and the customer will be judged by the ordinary courts, unless the parties agree on an arbitration tribunal.

The exclusive place of jurisdiction is Frauenfeld.

BRASCOM and the BRASCOM logo are registered trademarks of BRASCOM GMBH, BRASCOM TECHNOLOGY CONSULTING LLC or BRASCOM TECHNOLOGY CONSULTING LTDA.

3.
Privacy policy

General information

Issue June 24, 2021

1 General

BRASCOM takes the protection of your personal data very seriously. We treat your personal data confidentially.

Our website can usually be used without providing personal data. Insofar as personal data (e.g. name, address or e-mail address) is collected on our site, this is always done on a voluntary basis as far as possible. These data will not be passed on to third parties without your express consent.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

2 cookies

The website partly uses so-called cookies. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies do not cause any damage to your computer and do not contain viruses. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser the next time you visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when you close the browser. If cookies are deactivated, the functionality of this website may be restricted.

3 Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version
  • operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request

These data cannot be assigned to specific persons. This data will not be merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of illegal use.

4 Google Analytics

This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymization is activated on this website and your IP address will therefore be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. Google will use this information to evaluate your use of the website, to compile reports on website activity for the website operator and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can find more information on how Google Analytics handles user data in Google’s data protection declaration: https://support.google.com/analytics/answer/6004245?hl=de

You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=de

5 Google map

This website may use the Google Maps product from Google Inc. By using this website, you consent to the collection, processing and use of the automatically collected data by Google Inc., their representatives and third parties. You can find the terms of use of Google Maps under “Terms of use of Google Maps”.

6 Contact form

In this respect, the website has a contact form toor and if you send us inquiries via this contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the request and in case of follow-up questions. We do not pass on this data without your consent and are treated confidentially.

7 Information, deletion and blocking

You will receive information about the personal data we have stored about you as well as the origin, the recipient and the purpose of data collection and data processing. You also have the right to request that your data be corrected, blocked or deleted. This does not apply to data that is stored due to legal regulations or that is required for proper business transactions. So that a data lock can be implemented at any time, data can be held in a lock file for control purposes if necessary. If data is not covered by a statutory archiving obligation, we will delete your data at your request. If the archiving obligation applies, we will block your data. For all questions and concerns regarding the correction, blocking or deletion of personal data, please contact our data protection officer or the address given in the legal notice.

4.
Trademark List

Brascom Trademark List *

Issue June 24, 2021

Trademark protection

A trademark can be a word, phrase, symbol, or design that differentiates the source of the goods or services. As commercial clothing, it can also be the appearance of a product or its packaging, including size, shape, color, texture, graphics, and appearance (e.g. retail store or website).

The following is a non-exhaustive list of the brands and service marks of BRASCOM.

If you use the trademarks in publications distributed only in the United States, please identify the appropriate ™, ℠, or ® symbol the first time you use them. Do not include trademark symbols for publications distributed outside the United States. Instead, use the appropriate branding notice; E.g .: Brascom and AnyWair are trademarks of BRASCOM GMBH, BRASCOM TECHNOLOGY CONSULTING LLC or BRASCOM TECHNOLOGY CONSULTING LTDA., Which are registered in Switzerland and other countries and regions.

The list also includes a suggested generic term for each brand. For all publications, add a suitable generic term after the brand the first time they appear. After that, the generic term should often appear with the brand. (These general terms are only suggestions, and there may be other words that are equally appropriate.)

Trademarks are adjectives and should not be made verbs or plural or possessive. For more information on the use of BRASCOM trademarks, please refer to the “Guidelines for Using BRASCOM Trademarks” document or contact the trademark team.

The absence of a product or service name or logo from this list does not imply a waiver of the BRASCOM trademark or other intellectual property rights in relation to that name or logo.

List of trademarks Common Terms Entry
BRASCOM (USA) Corporate brand
BRASCOM (EU) Corporate brand 017868943
BRASCOM (CH) Corporate brand 713779
BRASCOM (BR) Corporate brand
Winnex (CH) Service 726090
Share my Tent (CH) Software 692369
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The operational processes are what drives the business

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