Welcome to Exporis, Ltd. (“Exporis”). These Terms of Service are also a resource for you to have a deeper understanding of how our Services work, including the kinds of data we collect, the way we bill, how we interact with you and other useful details. We encourage you to revisit these General Terms and Conditions when you have a question about the Products and Services or want to know how something works. We hope you enjoy your Exporis experience.
The contractual relationships between a Private or Professional Client (“you(r)”) and Exporis Ltd. headquartered in Switzerland, 42 chemin de Vers , 1228 Plan-les-Ouates (“Exporis”) consists of (I) ”your contract with Exporis”,(II) these general terms and conditions (“GTC”), (III) price lists and (IV) product information, either in brochures or on www.exporis.ch, (together the “Contract”) which apply in the order of priority from (I) to (IV).
2. Providing SaaS, Internet Marketing and Development Services and Equipment
Exporis is offering an online Software-as-a-Service (“SaaS”) delivery model to provide different online solutions for end users including e-commerce, analytics, corporate and financial solutions . On the other hand, Exporis provides Internet Marketing, Consulting and Development services (“Service(s)”). Both, The SaaS and Services are always subject to availability of an operational datacenter, server or fixed network connection or mobile.
Exporis provides the SaaS and Services with due care and diligence under the Contract, however, Exporis cannot guarantee uninterrupted or fault‐free operation of Services, specific transmission times and capacities and the integrity of data transmitted by you. The SaaS and Services are exclusively provided to you for normal professional use, and with devices intended for this type of usage. You are responsible for using the SaaS and Services in compliance with the applicable laws and contractual provisions. Exporis reserves the right to expand, limit, modify, SaaS and Services at any time. In particular, Exporis reserves the right to modify the prices of options of different SaaS and pricing of other Develompent, Consulting and Marketing Services.
Saas and Services as consulting, marketing, or development are started after you sign up to a contract with Exporis. In such a case, the fees can be invoiced by Exporis on behalf of the third part (SaaS) or for its own Services. If the third party raises its prices, the client does not have the right to cancel the SaaS.
Equipment: If there is an equipment made available to you by Exporis, it remains the property of Exporis during the term of the Contract. When providing such equipment, Exporis reserves the right to supply equipment that are as good as new, i.e. not factory fresh. You are responsible for the careful use of the equipment. You may only use the equipment for the purpose of the Contract and you shall not open the equipment and make changes to the software or hardware. Equipment bought from Exporis comes with the statutory guarantee and manufacturer specific warranties. The right of rescission and reduction is excluded. The offer of a replacement device is subject to availability and cannot be guaranteed. Exporis is entitled to access hardware via the Internet at any time for the purpose of configuration, maintenance, optimization and/or expansion of its services, and to view, modify, update or delete the technical data or software. Exporis is not liable for your loss of data. This applies in particular if such losses arose as a result of exchanging defective hardware or faulty software, or after performing remote maintenance. At the end of the Contract, you must return the equipment undamaged to Exporis no later than thirty (30) days after the end of the term.
3. Prices and payment terms
Prices: Exporis may invoice recurring SaaS fees in advance either for one month or one year. Prices for other services and usage depend on the contract and require always an advance payment before the start of the mandate, between 30% and 50%.
Payment terms: Invoices are prepared on the basis of the contract and the technical setup and are payable at latest by the due date shown on the invoice (usually 7 days). If neither a due date nor a period for payment is shown, payment is due 14 days after invoice date. If you do not object in writing before the due date, invoices are deemed accepted. Undisputed counterclaims may be offset.
If you default on payment either partial or full, Exporis can charge default interest of 5% p.a. and without compensation, suspend SaaS or Services without further notice and/or terminate the Contract immediately. Exporis may charge you CHF 20.– for the first payment reminder and up to CHF 50.– for each subsequent reminder. Exporis can appoint a collection agency to recover the amount, or sell the debt to third parties in Switzerland or abroad. You must also reimburse all costs incurred by Exporis or collection agencies as a result of a payment default.
A valid credit card or Paypal account is required for paid subscriptions. Exporis Ltd. does not provide refunds for SaaS or Services.
4. Customer data
Exporis processes your data in the context of the provision of the Services, for the administration and management of the Contract, for invoicing and to ensure the security of Exporis infrastructure and high service quality. You entitle Exporis to collect, store and process your data, including information concerning your credit rating, and to share your data with third parties in Switzerland and abroad as part of administering your Contract. Unless you limit or exclude the processing of your data for marketing purposes, Exporis and/or its partners involved in the provision of the Services have the right to contact you in writing, by phone, email and SMS/MMS. You can stop the processing of your data for marketing purposes at any time by writing to: Exporis Ltd, Customer Communications, Chemin de Vers 42, 1228 Plan-les-Ouates. You must inform Exporis immediately of any change in your data relevant to the Contract (in particular changes of name and address).
5. Unauthorised use
You are liable to Exporis for the use of the SaaS and Services and the associated rights, in particular in case of misuse of your equipment. To minimise the risk of misuse, your SaaS account passwords and personal identification codes must be kept confidential. You must safeguard Exporis and your own equipment against unauthorized usage. For technical reasons it is not possible to guarantee complete protection from unauthorised access or data inception by third parties. Exporis cannot be held liable for any such event. The encryption of data improves the confidentiality and reliability of information. Facilities to protect against external threats (firewalls) can prevent an unauthorised third party from penetrating your network. You are responsible for taking protective measures of this kind. You are not permitted to resell SaaS and Services, unless a special reseller agreement with Exporis.
6. Limitation of liability
For damage caused by negligence, the liability of Exporis is limited to the current value of the Services paid by you during the past 12 months, to a maximum of CHF 1’000.–. Exporis excludes other liabilities, to the extent the law permits this. In particular, indirect and consequential damages (loss of profit, savings not achieved, suspension of usage, etc.), loss of data, and damage due to downloads are excluded. You are responsible for taking adequate measures to protect the equipment, your devices and personal networks from unauthorised access. Exporis accepts no responsibility for spamming, hacking, transfer of viruses and other attempts by third parties to enter equipment, your devices and personal networks used by you and any damage caused as a result. Exporis accepts no liability for damages caused by a temporary or permanent interruption of the network or delay of Services. Exporis is not liable and does not provide a guarantee for any services, goods and information supplied by third parties, even if Exporis is entrusted with the collection of third‐party debts.
7. Intellectual property
Exporis gives you, for the term of the Contract, a non‐transferable and non‐exclusive right to use the SaaS and Services according to the Contract. All associated intellectual property rights stay in the sole ownership of Exporis or the relevant licensor. You shall refrain from distributing digital content without valid permission or rights from the legitimate owner.
Trademarks. Exporis is a registered trademark of Exporis. The Exporis logo and Exporis are trademarks or service marks of Exporis. The Products and Services, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Exporis. The trademarks, service marks and trade dress of Exporis may not be used or reproduced without prior written approval from Exporis and may not be used in connection with any product or service that is not affiliated with Exporis, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Exporis, or in any manner that disparages or discredits Exporis. Other trademarks that appear on the Exporis website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Exporis. Any images of persons or personalities contained on the Exporis website and user interfaces are not an indication or endorsement of Exporis or any particular product or our service unless otherwise indicated.
8. Term and termination
Term: The Contract becomes effective on the date you sign, subject to a positive outcome of the final credit‐rating check.
Exporis may refuse a Contract. Unless stated otherwise, Contracts are concluded for an indefinite period. A minimum period, if applicable, usually one Year, will be calculated from the date of activation of the Services. The Contract can not be terminated during the minimum period.
Termination: Unless stated otherwise, the Contract can be terminated with 90 days’ notice to the end of each calendar month respectively a minimum period, if applicable, or prolongation thereof. All terminations must be made by registred letter to Exporis Ltd. When terminating a Contract you are not entitled to reimbursement of charges paid and you must pay any termination fees stipulated in the Contract. Exporis is entitled to cancel all Services immediately and without compensation and to terminate the Contract if you do not use the Services in compliance with the law or with the Contract; or if the quality of the Exporis network, or networks provided by third parties, is affected by your usage of the SaaS and Service(s). For termination during an applicable minimum period, Exporis may charge the fees stipulated in the Contract. You can terminate the Contract before the end of the minimum period for good cause, in particular in case of a continued material breach of Contract by Exporis which has not been remedied despite an appropriate notification, or in case of a continued unavailability of network (force majeure excepted).
9. Amendments and assignability
Amendments: Exporis may modify its SaaS or Service and/or any parts of the Contract at any time. You will be informed in an appropriate way, e.g. by SMS, letter, e‐mail, note on the invoice. If you do not agree to essential changes to the Contract that are to your disadvantage, you are entitled to terminate the Contract by phone within 30 days of receiving the notification. The changes are accepted if you do not object within this period. Any request by you to change the Services or handwritten modifications by you to the Contract have no legal status unless approved by Exporis in writing.
Assignment: Any assignment of rights and obligations arising from the Contract or from Services to third parties requires the prior written consent of Exporis. Exporis is entitled to transfer the Contract to third parties and/or to assign such third
parties the responsibility of providing the Services.
10. Insights and News
Exporis is providing Industry Insights and News and is not responsible for the usage of this information given to its readers.
11. Use of Information Submitted
Exporis is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Products and Services, including the Exporis website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Products and Services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Exporis does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Exporis. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Exporis and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
12. User Account Terms Overview
You are responsible for using the SaaS and Services in a private and secure manner. Exporis is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password. Exporis can refuse registration or cancel an account at its sole discretion at any time. You may not use the SaaS and Services for any illegal activity or to violate laws in your jurisdiction.
13. User Conduct and Submissions
Any text, graphics, photographs, or other information communicated to Exporis (collectively, “Content”) belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these General Terms and Conditions.
You give Exporis a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish your Content. In addition to the right to publish, you also grant the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Content in any media. Exporis will not be required to treat any Content as confidential. Exporis cannot control all Content posted by third parties about the SaaS and Services, including to our user interfaces, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SaaS and Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Exporis be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.
You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, please contact Exporis at firstname.lastname@example.org .
14. Changes to General Terms and Conditions
Exporis reserves the right, from time to time, with or without notice to you, to change these General Terms and Conditions in our sole and absolute discretion. Exporis may also freely assign or transfer this Agreement. The most current version of these General Terms and Conditions can be reviewed by visiting our website and clicking on “General Terms and Conditions ” located at the bottom of the pages of the Exporis website. The most current version of the General Terms and Conditions will supersede all previous versions. We will endeavor to post prior version(s) on our website when the General Terms and Conditions are updated.
If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect.
15. Acceptance of General Terms and Conditions
By using, visiting, or browsing the Products and Services as a user or paid or unpaid member, you accept and agree to be bound by these General Terms and Conditions, available at https://www.exporis.ch/about-us/general-terms-and-conditions/
16. Applicable law and jurisdiction
The Contract is governed by Swiss law. The place of jurisdiction is Geneva.
Plan-les-Ouates (Switzerland), February 2021