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Terms & Conditions

General terms and conditions for Logifleet solutions

I. General provisions

1. Subject matter of the contract

The Logifleet solutions are essentially IT applications for the management of mobile resources. They can be composed of the following components:

  1. Web software for use by Internet users and/or by mobile users.
  2. Mobile software, accessed with a mobile device, for use by mobile users.
  3. Geolocation hardware for use in vehicles.
  4. Hardware for RFID identification for the attention of the staff and for use on the hardware. 
  5. in certain cases, smartphone, tablet or GPS navigation systems.

These General Terms and Conditions regulate the conclusion, content and execution of the contracts with regard to the services provided by Logifleet, in particular the purchase contracts for the IT solutions provided by Logifleet, the usage contracts for the software products provided by Logifleet and the subscription contracts for the IT solutions provided by Logifleet.

Any deviation from these general terms and conditions requires the prior written consent of Logifleet. If any provision of these General Terms and Conditions is declared invalid or repealed, the remaining provisions of these General Terms and Conditions will continue to be fully valid and effective.

2. Services and Products

The type and scope of the services and / or products provided by Logifleet are regulated in an official offer from Logifleet or in a specific contract to be drawn up.

3. Buyer's Responsibility

With the beginning of the provision of the service by Logifleet, the customer provides Logifleet with all hardware systems and resources that are required for the smooth implementation of the IT solutions provided by Logifleet in the company. In addition, the customer must appoint a person in charge who, as the Logifleet contact person, is responsible for project management and for the installation of the IT solutions provided by Logifleet in the customer's technical environment.

The customer is responsible for the smooth functioning of the customer's IT environment, his browser and internet access as well as for the provision of sufficient transmission capacity.

As soon as a Logifleet solution has been installed for a certain number of mobile units, the customer must always request an offer from Logifleet if this number is increased. If the customer equips his fleet with mobile units himself, he bears sole responsibility for the smooth operation of the entire Logifleet solution.

The customer bears sole responsibility for compliance with the license conditions with regard to the software, the IT tools and the operating system, which he operates under his own direct responsibility.

The customer is expressly advised that the software components are not infallible and are not designed, manufactured or intended for use or resale in environments that facilitate the online control of nuclear facilities, of aircraft navigation or communication systems, of air traffic monitoring systems , of life-supporting machines or apparatus as well as of weapon systems, in which the failure of the software components could lead to death, injuries or serious damage to material goods, people or the environment. The partners of Logifleet, their licensors and suppliers expressly exclude any explicit or implicit guarantee with regard to the suitability of the software components for the aforementioned areas of application and reject any liability if the software components are used in the aforementioned areas.

4. Logifleet's Responsibility

Logifleet is liable for material damage suffered by the customer - to the exclusion of third parties - if Logifleet is seriously at fault. Any further liability, in particular in the case of indirect damage or consequential damage (lost profit, additional expenses, additional personnel costs, unrealized savings, claims by third parties or damage as a result of data loss, late delivery, loss of use, etc.) is expressly excluded to the extent permitted by law.

Logifleet is not liable for damage of any kind that can be traced back to software errors or computer viruses.

In any case, Logifleet's liability is limited to an amount that corresponds to one third of the contract value (purchase price, service prices, etc.), but does not exceed a total of CHF 20,000.

5. Involvement of Subcontractors

Logifleet is entitled to commission subcontractors or to integrate software components from third-party providers. Logifleet remains responsible to the customer for the provision of the services.

6. Default in Payment

If the payment deadline is not met, Logifleet reserves the right to block access to its services. In addition, the customer is automatically in default of payment without the need for a reminder. In this case, the customer must pay interest on arrears, on the amounts due at the rate charged by the big banks at Platz Lausanne for open overdrafts, plus 1%, but in any case at least 5%. Any further compensation payments are reserved. The costs for the blocking and reactivation of the Logifleet services are borne by the customer.

7. Confidentiality and Data Protection

Each of the parties undertakes to treat information and data that are not generally known or publicly accessible as confidential. This confidentiality obligation also applies to third parties involved. In principle, all information is considered confidential, unless it is designated as non-confidential by both parties. This confidentiality obligation begins before the contract is concluded and continues after it has ended. The statutory obligation to provide information remains reserved.

Logifleet stores the customer's data, in particular the information contained in the contract, and stores it on one of its servers. Logifleet is entitled to disclose the existence of the contract and its most important contents to its suppliers and subcontractors as well as to all persons whose services it intends to use in the execution of the contract. However, Logifleet undertakes to comply with the provisions of the Data Protection Act.

The customer acknowledges and accepts that the processing of the customer's data may be necessary, in particular to enable Logifleet to provide its services and to ensure conformity with the technical network requirements. Furthermore, the customer acknowledges and accepts that Logifleet can access the customer's data if this is necessary to identify and resolve a technical problem or to process a complaint regarding the services provided by Logifleet.

The customer chooses a password which enables him to access and use the Logifleet services. The customer bears full responsibility for all actions carried out with the help of this password. The customer agrees to keep this password secret, not to allow any other person or company to use it and to inform Logifleet immediately if he believes that the security of Logifleet's services can no longer be guaranteed.

As part of the special geolocation services provided by Logifleet, the customer undertakes to have his employees in the driving operation sign a written certificate relating to the hardware installed in his vehicle fleet. This written attestation must contain information about the type of personal information that is being held; in particular, there must be an indication of the fact that the position of the vehicle is permanently recorded. In addition, the information must be included that this data is made available to the customer by the services of Logifleet. The customer grants Logifleet written authorization to collect, process, save and use this localization data. The customer can revoke this authorization at any time. Such a revocation must be made in writing to Logifleet. The contracts and the customer's payment obligations remain unaffected by this revocation. However, the customer acknowledges that a revocation of this authorization usually means that Logifleet can no longer provide the services.

II. Special provisions for the purchase of contracts for the IT solutions provided by Logifleet and for the usage contracts for the software provided by Logifleet

8. Intellectual or Industrial Property Rights

Logifleet guarantees that its offer and its services do not infringe any intellectual property rights of third parties.

The solutions remain the unrestricted and sole property of Logifleet and its partners, who may have granted you simple distribution rights for the solutions. The transfer of the right to use the solutions in accordance with the terms of this contract does not entail any assignment of any intellectual property rights in favor of the customer. The customer is therefore formally prohibited from interfering with the solutions or having them carried out by third parties. Except in the cases provided for by law, the customer in particular refrains from any activities that are directly or indirectly aimed at (a) changing, correcting, copying the solutions or creating works derived from the solutions; (b) disassemble, reverse engineer or decompile the Solutions, or access the Solutions in order to (i) develop a product or service using features, functions or graphics similar to those of the Solutions, or (ii) copy any properties, functions, or graphics of the solutions; (c) to reproduce the solutions in whole or in part in any form or to have them reproduced. The customer also fails to pass on any information about the solutions to third parties; he generally undertakes to maintain strict confidentiality vis-à-vis third parties with regard to the solutions and refrains from passing on, disseminating, lending or renting the solutions, whether for payment or free of charge.

Any violation of the provisions of this article would result in immediate legal action with the aim of eliminating the disturbance caused and obtaining compensation for the damage suffered.

All intellectual and industrial property rights to all software components, equipment and other material developed or created under the contract - such as analyzes, drafts / graphics, documents, reports, proposals and other related preparatory materials - are and remain the exclusive property of Logifleet. The customer can only acquire the rights of use and use within the scope of the conditions expressly provided in the contract. In addition, the customer is neither authorized to reproduce the software or other material, nor to make copies of them.

The customer is entitled to take all technical measures to protect the software provided by Logifleet. If Logifleet or one of its suppliers has protected the software by any technical means, the customer is not permitted to remove or bypass this protection. If the existing protection makes it impossible for the customer to create a backup copy of the software, Logifleet must provide the customer with a backup copy at the customer's request.

Except in those cases in which Logifleet supplies the customer with a backup copy of the software, the customer has the right to make and store a single backup copy of the software.

For the purposes of these terms and conditions, “backup copy” means a hardware medium on which the software is stored for the sole and exclusive purpose of replacing the original in the event of unexpected loss or accidental damage. The backup copy must be a true copy of the original and must always bear the same labels and notes as the original.

If the customer develops software himself or has it developed by third parties, or if the customer plans such development work and needs certain information for the implementation of this work in order to ensure interoperability between the software to be developed and the software provided by Logifleet, the customer must provide the required information request with a specific written application from Logifleet In this case, Logifleet will inform the customer within a reasonable period of the options and conditions for obtaining the requested information, including the financial terms and conditions with regard to any third parties whose services the customer could use. For the purposes of these terms and conditions, "interoperability" means the ability of software to exchange data with other components of a computer system and / or software and to communicate using this data.

9. Retention of Title

The customer has a non-exclusive and non-transferable right to use the IT solutions provided by Logifleet with the purpose of tracking his vehicle fleet, creating reports or exchanging data.

10. SIM Cards

Logifleet provides the customer with a SIM card for each vehicle in its fleet. The provision of this card is the subject of a prior written agreement between the parties, in which it was expressly stated that only the usage costs of the SIM card resulting from the contract are covered by Logifleet.

If the customer decides to choose a different cell phone provider and subscription type than the one proposed by Logifleet, it is his own responsibility to purchase a SIM card for each vehicle in his fleet. In the event of disputes, in particular with regard to the costs and bills resulting from the said subscription and the SIM card, the customer must contact his mobile phone provider directly, as Logifleet completely excludes any liability.

Otherwise, Logifleet's liability is limited to the assignment of any claims against the proposed mobile phone provider. All costs that result from a use that does not comply with the services provided by Logifleet, or that result from improper use of the IT solutions provided by Logifleet, are borne by the customer. This SIM card, which Logifleet makes available to the customer, is intended exclusively for the use of the IT solutions provided by Logifleet and may not be used for other purposes.

After termination of the contract between the customer and Logifleet, the SIM card must be returned to Logifleet.

Logifleet does not guarantee the uninterrupted transmission of data or the transmission speed of the data of the IT solutions it provides. These parameters depend on the coverage provided by a third party, namely the mobile operator. Logifleet also does not guarantee GPS coverage, as this depends on the satellite coverage of the GPS system operated by third parties.

11. Guarantee

Unless a specific term has been agreed in the contract, Logifleet guarantees for twelve months after the solutions have been provided by Logifleet to the customer that their solutions, when used in accordance with the contract, have the expressly guaranteed properties and do not have any defects that render the solutions unusable or their use significantly restricted.

The warranty does not cover the rectification of defects that can be traced back to normal wear and tear, external influences or operating errors. The guarantee expires if the customer is at least partly to blame for the defect, in particular if the customer has changed the hardware or software himself or had it changed by third parties, unless the customer can prove that the defects in question are neither in whole nor in part can be traced back to such changes and that the elimination of the deficiencies is not made more difficult by these changes.

Logifleet is in no way obliged to take back hardware returned by the customer, unless Logifleet has given its prior written consent to the return. In any case, the customer bears the risks associated with returns up to the receipt of the shipment and its acceptance by Logifleet.

12. Third Party Software or Hardware

The customer agrees to the terms of use and license issued by third parties if Logifleet supplies the customer with software or hardware created by third parties. Logifleet will provide the customer with the aforementioned terms of use and license upon request.

III. Special provisions for maintenance contracts for the software products and IT solutions provided by Logifleet

13. Maintenance and Support

By engaging in a maintenance contract, the customer can receive support with technical problems that arise in connection with the use of the IT solutions provided by Logifleet. He can request the necessary support by sending an email to support@logifleet.ch. Logifleet reserves the right to set restrictions for this support and for the times at which it is available (availability is limited to normal business hours in Switzerland). The type and scope of the maintenance and servicing are regulated in the offer accepted by the customer or in the contract. The contract may contain references to other documents.

The customer is solely responsible for the purchase and maintenance of all hardware systems that are required to access and use the IT solutions provided by Logifleet, including in particular the telephone, computer and browser.

IV. Final Provisions

14. Contract Duration and Termination

The contract begins on the date it is signed. The purchase contracts for the IT solutions provided by Logifleet cannot be terminated and are fulfilled with payment and delivery of the hardware.

Each subscription is concluded for a period of forty-eight months, unless a specific term has been agreed in the contract. It comes into force on the day on which the administrator or a person to whom the administrator has transferred his rights to the web software activates the subscription and sends the customer the access data for the web software.

The subscription is tacitly renewed for a further period of 12 months, unless one or the other party gives three months' notice before the end of the first period of 48 months or after the extension has been made Termination of the respective subsequent period in writing with confirmation of receipt.

Early termination of a contract before the end of the contract in accordance with the above points is not permitted. The contractual obligations remain unaffected by any guarantee cases in connection with the services provided.

Logifleet can interrupt the customer's subscription without warning if the customer (a) refuses to pay the invoices issued by Logifleet; (b) uses Logifleet's services in a way that violates Swiss laws or international legal norms; (c) passes on his user ID and password to third parties for access to the solution; (d) is subject to bankruptcy or bankruptcy proceedings.

In the event that the customer's subscription is interrupted, for whatever reason, (a) Logifleet is released from all contractual obligations; (b) At Logifleet's request, the customer must pay for all services provided before the subscription was interrupted and until the end of the contract, with a minimum of 3 months being invoiced if the interruption occurs less than 3 months before the end of the contract.

If there is a lease, the customer must return all hardware components made available to Logifleet in a functional condition upon termination of the contract. Logifleet reserves the right to invoice damaged hardware.

15. Höhere Gewalt

Keine der Parteien kann verpflichtet werden, eine wie auch immer geartete Verpflichtung zu erfüllen, wenn sie durch höhere Gewalt, insbesondere durch Überschwemmungen, Feuersbrünste, Unfallschäden, Terrorismus oder einen Versorgungsnotstand daran gehindert wird, ihren vertraglichen Verpflichtungen nachzukommen. Wenn ein durch höhere Gewalt verursachter Notstand länger als drei Monate andauert, haben die Parteien das Recht, den Vertrag durch schriftliche Kündigung zu beenden.

15. Force Majeure

The contracts between Logifleet and the customer are subject to Swiss substantive law. The application of the provisions of the Vienna Convention (United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on April 11th, 1980) is expressly excluded. All disputes between Logifleet and the customer in connection with a contract concluded between Logifleet and the customer or with any other resulting agreements will be brought before the ordinary courts at the registered office of Logifleet, whereby the latter reserves the right to call the court at the customer’s registered office . These general terms and conditions are valid from March 1st, 2014 and replace all previous versions.

 

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General Terms and Conditions of Logifleet AG