General terms and conditions of sale and use of Arhon Concept AG, Switzerland
The term “you” is used in a general and gender-neutral manner and includes both natural and legal persons and “we” is used to represent Arhon Concept AG, Erlenweg 4, 6010 Kriens, Switzerland.
Via Software-as-a-Service (“SaaS”), we offer you the following software “Arhon®” (the “Software”). This means that we offer you access to the Software that we have developed, via the Internet. These terms and conditions always apply to the use of our Software.
If you have any questions, you can contact us by sending an e-mail to arhon@arhon.ch, or by calling the telephone number provided on https://www.arhon.ch/.
We have the right to change these terms and conditions at any time. The latest version of these terms and conditions will always apply. Provisions that deviate from these general terms and conditions are only applicable if they have been agreed in writing by us.
Article 1 – General
These terms and conditions apply to all offers and agreements made between you and us.
We will send you these terms and conditions free of charge on request. You can also find them on our website https://www.arhon.ch/.
Deviations from and additions to the general terms and conditions are only valid if they have been expressly agreed in writing.
The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement. Any invalid or unenforceable provision will be replaced by a provision that is held to be valid and enforceable and will be interpreted as closely as possible to the intent of the invalid provision.
The applicability of your terms and conditions is expressly rejected.
The content of the General Terms and Conditions may be amended from time to time. Before the amended version comes into force, it will be communicated to you. The most recent version applies to offers and contracts concluded after that date.
Article 2 – Proposals and offers
All our offers and quotations are without obligation, unless expressly agreed otherwise. A quotation or offer applies only to the assignment stated therein (and not to any subsequent assignments).
When you provide us with certain information, we may assume that the information provided is correct and we will base the proposal on that information.
All offers and or contracts signed are concluded in digital form and you owe us a monthly, quarterly, half-yearly or annual payment in accordance with the provisions of the offer signed as soon as this contract is concluded.
Article 3 – Prices
The prices quoted do not include any charges or taxes imposed by the competent authorities.
Price changes are communicated to the customer in advance in writing. Unless the customer objects, they are deemed to be approved and come into force within two months.
Payment is made by you in Swiss francs by transfer to the bank account of Arhon Concept AG.
Article 4 – Terms of payment and collection
Invoices are due for payment by the customer within a maximum of 10 days from the date the invoice is sent electronically. Payment is deemed to have been made when it is credited to a bank account held by Arhon Concept AG.
If the customer’s payment is late and is not received within a maximum of 10 days, Arhon Concept AG is entitled, without further notice, to block access to the software immediately, with the result that the customer is unable to use the software and the interfaces connected to it.
Subject to any provisions to the contrary between the parties, the customer may not claim reimbursement of the costs of configuration, training, annual support, subscription for use of the software and its interfaces already paid in the event of termination of the contract, for whatever reason.
In the event of non-payment:
we may charge statutory (commercial) interest. Interest is calculated from the time payment becomes due until the time the amount is paid in full.
all extrajudicial costs. For invoices of CHF 200 or less, these costs amount to CHF 50. If the invoice amount is higher, the maximum collection costs are as follows: 15% on the first CHF 2,500; 10% on the remainder up to CHF 5,000; 5% on the remainder up to CHF 10,000.
Article 5 – Use of “Arhon®
You will receive a personal account and password that you can use to access our Software.
Your account is strictly personal. Authorisation to use the software is non-transferable.
Passwords must be treated as confidential, and you are responsible for choosing a unique and strong password.
To use our software, you must have an adequate internet connection. You are responsible for other internal networks or computer systems if required to use our software within your organisation.
You are responsible for all activities carried out on your account after logging in, unless you have reported, as soon as you become aware of it, that your personal account has been compromised.
We have the right to block accounts. We will only do so if we have reason to believe that one or more accounts are being used for a purpose contrary to law or to any provision of these Terms. In addition, we have the right to take any other action we deem appropriate in the circumstances.
Article 6 – Availability and maintenance of “Arhon®”.
We will ensure that the Software remains available for use throughout the term of this agreement. We will do our best to ensure that the Software operates 24 hours a day, 7 days a week.
We are responsible for the operation and maintenance of the Software. During maintenance, the Software may be unavailable.
We have the right to modify the Software. This includes, but is not limited to, changing, removing, or adding certain features or functionality to the software.
We do not guarantee that our software is completely error-free. Please notify us immediately of any errors, bugs, or malfunctions in the software. You can do this by calling
+41 61 222 21 59 or by sending an e-mail to arhon@arhon.ch.
We will then do our best to resolve your problem as quickly as possible.
Article 7 – Third parties
We have the right to call on third parties to carry out part of our tasks, if we consider that this is necessary for the proper performance of the SaaS contract.
Article 8 – Intellectual property
We (or our licensor or suppliers) are the exclusive owners of all existing and future intellectual property, such as copyrights, trademarks, design rights, patents, source codes and know-how, which are based on our Software or which result from the use of our Software.
As a user, you only obtain the right to use our Software. You may not claim any of the intellectual properties mentioned in paragraph 1. This is not an exclusive right, which means that we may grant others similar rights of use. Furthermore, it is expressly forbidden to transfer or grant this right to a third party.
Article 8 – Non-disclosure
We are obliged not to disclose confidential information about you to third parties, unless required to do so by a legal or professional obligation. Confidential information” includes all information which you have designated as confidential or which, by its nature, may be qualified as confidential. In any event, the following information is considered confidential:
all information relating to research, development, trade secrets or information relating to the company’s business.
personal data within the meaning of the General Data Protection Regulation (RGPD and nLPD).
Article 9 – Liability
You indemnify us against any claims by third parties relating to data that you have collected, saved or processed using our Software. We are not responsible for the content of the data that you have collected, saved or processed using our Software.
We are not liable for damage caused by improper use of our Software.
We are only liable for direct damage caused unequivocally by a breach on our part.
We are responsible for ensuring that your data is stored securely. We are not responsible for damage to or loss of data for which we have engaged third parties.
The limitations set out in this section do not apply if the damage results from a deliberate act or gross negligence on our part.
Except in cases of intent or gross negligence, Arhon Concept AG’s liability to you and/or third parties for any direct damage arising out of or in connection with the performance of the contract shall be limited to the value of the order. Arhon Concept AG shall never be obliged to pay compensation for any indirect damage suffered by you.
We are not responsible for obtaining and maintaining the equipment and ancillary services necessary to connect to, access or otherwise use the Software, including, without limitation, modems, hardware, servers, operating systems, networking, web servers and the like (collectively, the “Equipment”). We are also not responsible for maintaining the security of the Equipment, passwords (including, without limitation, administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
We are not responsible for internal bugs and or malfunctions of partners interfaced to Arhon® such as online payment solution, accounting software, restaurant software etc etc etc, in short we are not responsible for any contracts you sign directly with the software partner interfaced to Arhon®.
We are not responsible for internal bugs or malfunctions in online reservation platforms, commonly known as OTAs (e.g. booking.com, expedia, etc.). In short, we are not responsible for all contracts that you sign directly with online reservation platforms.
Article 10 – Duration and termination
The contract must be terminated in writing.
Subject to early termination if specified in the order form, the agreement is automatically renewed for additional periods of the same duration (collectively, the “Duration”).
In addition to any other remedies it may have, either party may also terminate this Agreement on thirty (30) days’ notice (or without notice in the event of non-payment), if the other party materially breaches any of the terms of this Agreement. The Customer shall pay for the Software in full up to and including the last day of supply of the Software. All articles of this agreement which by their nature should survive termination shall survive termination, including but not limited to accrued payment rights, confidentiality obligations, warranty disclaimers and limitations of liability.
Article 11 – Partial nullity
If one or more provisions of these conditions are or become invalid or inapplicable, the validity of the remaining provisions shall not be affected.
Article 12 – Force Majeure
We are not liable for damages in the event of force majeure. If force majeure occurs for a period of more than two months, this agreement may be terminated in writing. In this case, the parties do not have the right to claim damages. We will then send you an invoice for the period during which you have used our Software.
Force majeure shall in any event include any circumstance or event which cannot be attributed to Arhon Concept AG, as a result of which the fulfilment of the obligation by Arhon Concept AG is prevented in whole or in part, or on the basis of which it would be unreasonable to demand fulfilment of the obligation.
Article 13 – Applicable law
All legal relationships between Arhon Concept AG and you are subject to Swiss law.
Article 14 – Place of jurisdiction
Any dispute between the parties arising from the contract or the general terms and conditions shall be settled by the competent court in the canton of Lucerne, Switzerland.
