Terms & Conditions
As of: January 2025
§ 1 Scope
These General Terms and Conditions (GTC) apply to all business relationships between Helevate and its customers. Deviating, conflicting, or supplementary GTC of the customer do not become part of the contract unless their validity is expressly agreed to in writing.
§ 2 Contracting Parties
Helevate
Owner: Arton Pllana
Winkelackerstrasse 26
4657 Dulliken
Switzerland
Email: info@helevate.ch
§ 3 Service Offer
Helevate offers the following IT services:
- System engineering and IT infrastructure
- Network planning, implementation, and maintenance
- Software development and customization
- Cloud solutions and migration
- IT consulting and strategic advice
- Support, maintenance, and monitoring
- Cybersecurity and data protection consulting
The specific services result from the respective offer or contract.
§ 4 Contract Conclusion
Contracts are concluded through written offers and their acceptance. Oral side agreements require written confirmation. Offers are non-binding unless otherwise stated.
For project orders, a detailed project plan with milestones and cost overview is created.
§ 5 Prices and Payment Terms
Prices: All prices are subject to statutory value-added tax, unless otherwise agreed.
Payment Terms:
- Invoices are due within 30 days of the invoice date
- In case of payment default, we reserve the right to suspend services
- Default interest is calculated at 5% p.a. above the base interest rate
Cost Estimates: Are non-binding unless otherwise stated. If deviations exceed 20%, the customer will be informed.
§ 6 Service Delivery
Dates: Agreed dates are non-binding unless expressly agreed as binding.
Cooperation Obligations: The customer is obliged to:
- Provide all necessary information
- Grant access to systems and premises
- Designate contact persons
- Make decisions in a timely manner
Acceptance: Services are considered accepted if the customer does not object in writing within 14 days of completion.
§ 7 Liability and Warranty
Warranty: We warrant that our services are free of defects and comply with the agreed specifications.
Liability Limitation: Our liability is limited to the contractually agreed damage. Liability for lost profits and indirect damages is excluded to the extent permitted by law.
Data Backup: The customer is responsible for backing up their data. We recommend regular backups.
§ 8 Data Protection and Confidentiality
We commit to treating all confidential information of the customer strictly confidentially and not to pass it on to third parties.
The processing of personal data is carried out in accordance with applicable data protection laws (DSG, GDPR).
§ 9 Intellectual Property
Property Rights: We retain intellectual property rights to software solutions and documentation developed by us, unless otherwise agreed.
Licenses: The customer receives a non-exclusive, non-transferable license to use the developed solutions.
§ 10 Termination
Project Contracts: Can be terminated by either party with a notice period of 4 weeks to the end of the month.
Maintenance Contracts: Run initially for 12 months and automatically extend by 12 months each, unless terminated 3 months before expiry.
Extraordinary Termination: Immediate termination is possible for important reasons.
§ 11 Final Provisions
Applicable Law: Swiss law applies.
Jurisdiction: For all disputes, the court of the Canton of Solothurn is responsible.
Severability Clause: Should individual provisions be invalid, the validity of the remaining contract remains unaffected.
Changes: These GTC can be changed at any time. Changes will be communicated to the customer and apply if they do not object within 4 weeks.