General Terms and Conditions (GTC)

Version 1.0 · June 2026 · Effective: 01.07.2026

§ 1 Scope

These General Terms and Conditions (GTC) of NETCONN GmbH, Küngenwinkel 7, 5412 Gebenstorf, Switzerland, apply to all service contracts between NETCONN and its clients. Deviating terms of the client apply only if NETCONN has expressly agreed to them in writing.

§ 2 Scope of Services

NETCONN provides IT infrastructure and datacenter services including Smart Hands support, Rack & Stack, network and firewall engineering, datacenter migration, on-site support, and technical project management. The exact scope is defined in each order or framework agreement. NETCONN may subcontract partial services to qualified partners.

§ 3 Contract Formation

Offers by NETCONN are non-binding. A contract is formed upon written order confirmation, signing of a contract, or commencement of services. Changes require written agreement.

§ 4 Prices and Payment

Agreed prices in CHF excl. VAT. Hourly rates billed in 30-minute increments. Travel time counts as working time. Travel costs: CHF 0.50/km. Payment due within 10 days net. Late payment interest: 5% p.a. Surcharge of 50% outside business hours (Mon–Fri 08:00–18:00), up to 100% for emergency calls.

§ 5 Client Obligations

The client provides all necessary information, access, and resources in a timely manner and designates a responsible contact person. Delays caused by insufficient cooperation are at the client’s expense.

§ 6 Liability

NETCONN is liable for intentional and grossly negligent acts. For slight negligence, liability is limited to essential contractual obligations. Total liability per incident is capped at CHF 50,000 unless otherwise agreed. No liability for indirect damages or lost profits.

§ 7 Data Protection and Confidentiality

Both parties treat confidential information strictly confidential. NETCONN processes data solely for contract execution in accordance with Swiss DSG and GDPR where applicable. Confidentiality obligations remain in force indefinitely.

§ 8 Intellectual Property

Work results remain NETCONN’s property until full payment. Upon full payment, the client receives a non-exclusive right of use.

§ 9 Termination

Either party may terminate for cause without notice. Unjustified cancellation requires full payment for services rendered. NETCONN may suspend services after 20 days of payment default.

§ 10 Governing Law and Jurisdiction

Swiss law (CO) applies exclusively. Place of jurisdiction: Baden, Canton Aargau, Switzerland.

§ 11 Miscellaneous

Invalid provisions are replaced by valid ones serving the same purpose. NETCONN reserves the right to amend these GTC; current version available at netconn.ch. Amendments are accepted unless objected to in writing within 30 days.