General Terms and Conditions and Privacy Policy

General information

Netagenda AG (hereinafter referred to as “Netagenda”) provides services at apointi.ch. By using these services, you agree to these General Terms and Conditions (hereinafter referred to as “GTC”).

Netagenda reserves the right to adapt the GTC at any time without prior notice. The latest version of the GTC can be viewed at https://www.apointi.ch/policy . Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

Netagenda holds all copyright and other rights to the services. You are not entitled to remove, conceal or alter any legal notices (e.g. copyright or trademark notices).

Should you violate these provisions, you thereby forfeit your right to use the services and you entitle Netagenda to block your user account or your access to the services.

These GTC constitute the entire agreement between you and Netagenda and replace all previous agreements in this respect. There are no verbal side agreements.

Swiss law shall apply in all cases, irrespective of your location. The place of jurisdiction is Zurich, Switzerland.

apointi usage policy

You agree to use the Netagenda services only in accordance with these provisions and the regulations and legislation which are relevant to you.

The user of the services must be of adult age or have certification from their parent(s) or guardian(s).

Registration is required to create a Netagenda user account. You are obliged to ensure that all required information you provide as part of the registration process is accurate and truthful and to keep it up-to-date. You are also responsible for the security of your password. Automatic account creation is not permitted.

You may not impersonate anyone else on Netagenda.

You agree not to intentionally disrupt or interrupt the services in any way.

You agree not to reproduce, copy, sell, trade or redistribute the services for any purposes whatsoever.

As a Netagenda user account holder, you are responsible for ensuring that stored content is not improper, does not violate any copyright, trademark or other rights, and is not offensive to other Netagenda users. Netagenda reserves the right (but is not obliged) to inspect, filter, alter, reject or delete content or accounts within the services.

When you sign up to Netagenda, you create a personal URL (web address) for your site. Netagenda reserves the right to change or reject this name, for instance because you have intentionally or unintentionally violated the trademark rights of a third party or chosen an offensive URL.

Netagenda reserves the right at any time to release URLs which are unpaid or no longer paid for.

A Netagenda mobile website is always linked to a user account. You are responsible for keeping contact details such as telephone numbers and email addresses up-to-date and acknowledging emails from Netagenda.

Appointment bookings you receive from customers via Netagenda are binding. This means your customers rely on the booked appointment actually being able to take place. If the appointment cannot be kept, you are responsible for immediately contacting the customer affected.

You undertake to accurately and truthfully provide all information that is required for agreeing the appointment.

Appointments that you book as a customer via Netagenda are binding. The service provider relies on you keeping the booked appointment (and paying for it, where applicable). If you are unable to keep an appointment, it is your responsibility to immediately inform the service provider affected; in such case, the service provider’s terms and conditions of cancellation shall apply.

Privacy

Protecting your privacy and the security of data stored on apointi.ch is of great importance to Netagenda. Netagenda takes all usual and reasonable measures to protect personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction.

1. Cookies

When you use apointi.ch, cookies are stored on your computer. Cookies are small units of information which help to uniquely identify your browser and which can be used to store further information such as user settings. Netagenda uses cookies to record statistical information, to facilitate use of the service, to improve the quality of the offering and to control the publication of ads.

2. Plugins

Netagenda provides optional plugins to simplify the service through integration into your local environment (calendar, address book).

A plugin, in this context, is software that you download and install on your device and which has access to the information in your calendar and address book. Netagenda uses the information that is accessible in this way exclusively for the intended purpose. Netagenda only accesses the information that is required to provide the service.

3. Advertising

Netagenda reserves the right to publish ads on the website or in emails. The publication of these ads may be controlled using information available to Netagenda (language, IP address, questionnaire content, etc.). The control process is always automated. Information used for control purposes is neither manually analyzed nor shared with advertising customers.

Exclusion of liability

Netagenda does not provide any guarantee that the services will meet your requirements or expectations, that the services will be available in a constant, timely, secure and impeccable manner, that the results obtained through use of the services will be accurate and reliable or that any errors in the services will be corrected.

Netagenda does not accept any liability for direct or indirect damage or loss of any kind resulting from: use of or inability to use the services; alterations to the services; permanent and temporary unavailability of the services; unavailability or incorrect availability of data processed by the services or other reasons associated with the services.

Netagenda provides technical support on a “best effort” basis but does not accept any liability for the availability of technical support.

Netagenda is entitled to make use of third-party services at any time and to any extent for the purposes of service provision.

Netagenda is entitled at any time to discontinue, remove or alter the services (or components thereof) either permanently or temporarily or to add new services. Any such alterations are automatically subject to these provisions. By continuing to use the services after such alterations have occurred, you implicitly agree to the alterations.

Payment conditions and prices

The price of each package is defined in the contract. The duration of the contract shall be at least one year (12 months).

The first invoice must be settled within 30 days of the contract being signed. If the payment is not made within the agreed period, the account will be set to inactive. All subsequent invoices must be paid within the period established in the contract. If the payment is not made within this period, an additional fee will be collected for administrative costs.

Following the expiry of a certain period (such as one year), an existing Netagenda subscription will be automatically extended for an additional year; however, it may be terminated in writing at any time to the end of a period, so that there are no further extensions. Cancellations must be sent by email to [email protected] or by post to Netagenda AG, Kernstrasse 37, 8004 Zurich (the date on which the cancellation is received by Netagenda is decisive). There will be no refund for any periods which have already been paid for. Refunds are also expressly ruled out in the following cases: Failure of services during the subscription period, downgrade, partial use of the services, change to the scope of functions.

Netagenda reserves the right to alter the prices of all services at any time. However, price alterations have no impact on ongoing subscriptions or contracts. Instead, they shall only enter into force on the next contract or subscription extension.

Netagenda cannot be made liable to you or to third parties for price alterations or consequences arising from price alterations.

Fees and terms of use for online payments

The additional fees amount to 2.9% + USD 0.30 of the total amount plus CHF 1 per booking. In the event of inability to pay, additional fees may be charged by BURG Inkasso AG.

Payment services for customers on Netagenda are provided by Stripe and are subject to the Stripe Connected Account agreement, which includes the Stripe terms of use (under the umbrella term “Stripe Services Agreement”).

By consenting to these terms of use or continuing to act as a customer on Netagenda, you accept the conditions of the “Stripe Services Agreement”, which may be adapted by Stripe from time to time. As a condition of Netagenda being able to make use of Stripe payment services, you agree to supply full and complete information regarding you and your business for Netagenda, and you authorize Netagenda to share this information and transaction details associated with your use of the payment services offered by Stripe.

Zurich, February 3, 2019