General terms and conditions
1 General
Airtraining GmbH is a small company specialized in web design, software development and services in the field of aviation.
2 Scope
These general terms and conditions apply in full to the entire business area of Airtraining GmbH. Changes are only valid if they are made subsequently, in a written document signed by both contracting parties and with reference to this contract.
General terms and conditions of the customer will only become an integral part of the contract if Airtraining GmbH expressly agrees to them in writing. Airtraining GmbH may provide its services to the customer itself or through third parties.
3 Contract conclusion
The contract is usually concluded by the signing of both parties, the designated document. If the declaration of acceptance is made verbally, electronically or by implied conduct of the customer, Airtraining GmbH will usually send the customer an order confirmation by mail or e-mail. The contract can be cancelled at any time, but already performed work must be compensated with our hourly rates.
In the absence of an objection within 5 working days, their content is considered binding for both parties. If exceptionally no confirmation is given, then the contract comes into effect when Airtraining GmbH starts to provide the service and the customer does not object. The contract can be terminated at any time, but work already performed must be compensated at the hourly rates of Airtraining GmbH.
4 Subject of the contract
These general terms and conditions form an integral part of the individual agreement concluded between Airtraining GmbH and the customer. They regulate the mutual rights and obligations of the parties in connection with the conclusion, the content and the execution of the individual agreement. The services owed by Airtraining GmbH are regulated in detail in an individual agreement.
5 Dates
Dates are in principle extendable. They are only binding if this is expressly agreed in the individual agreement and marked as such. If one party recognizes that an agreed date cannot be met, it shall inform the other party in writing as early as possible. Dates which have been expressly designated as binding may only be postponed with the consent of both parties. The consent may only be refused in justified cases
Delays in deadlines caused by the late cooperation of the customer may extend the duration of the project.
6 Rights of use
Airtraining GmbH has the sole rights to AirManager, this includes in particular the application including the program code. AirManager is a service which can be used with a license.
No exclusive rights are granted to customers. The rights to the code and modules remain with Airtraining GmbH in all cases and will not be released.
AirManager runs on a cloud platform on the part of Airtraining GmbH and DimasterSoftware GmbH. The program code is therefore not installed on computers or servers of the service recipient.
The stored customer data belongs to the service recipient. These can be exported by the service recipient at any time.
If open source software has been used to create a website, it is subject to General Public Licence (GPL), which the customer must comply with when making changes on his part. All rights and in particular the copyrights to the work results (such as concepts, graphics and training materials etc.) created in the course of the fulfillment of the contract remain with Airtraining GmbH, respectively are transferred to Airtraining GmbH, if they did not originate with Airtraining GmbH. Excluded from this are programming services based on open source software.
7 Acceptance
The customer is obligated to check the work results, which are delivered to him by Airtraining GmbH during the project, and to notify Airtraining GmbH immediately of any defects, as well as to submit the declarations provided for in the project schedule (approval for design and approval for online placement, approval for handover) in a timely manner.
With the declaration "Good for online activation" or "Good for handover" the service of Airtraining GmbH is considered as accepted. The customer may only refuse the declarations "Good for online connection" or "Good for delivery" in case of serious defects. In this case the defects must be corrected within a reasonable period of time and the work result must be made available again for acceptance. If the defects cannot be remedied even after a second grace period has been set, the customer shall be entitled to the statutory rights.
If there are only minor defects when the work result is checked before the declaration "Good for online placement" or "Good for handover", then the service shall be deemed to have been accepted even without an express declaration by the customer.
8 Terms of payment
The compensation for the services of Airtraining GmbH results according to the provisions in the individual agreement. If no all-inclusive price is agreed in the individual agreement, the services of Airtraining GmbH will be charged according to time and effort. The hourly rate is CHF 200.00 (excl. VAT). Hardware and software products as well as services of Airtraining have to be paid net within 10 days. During this time the customer can raise objections against the invoice in writing and with reasons. If the customer fails to do so, the invoice will be considered as accepted. If the customer has neither paid the invoice nor raised justified objections against it in writing during these 10 days, Airtraining is entitled to disconnect the services.
In case of late payment Airtraining GmbH is entitled, after prior reminder and the unsuccessful expiration of a grace period, to charge interest on arrears in the amount of 6% p.a. from the due date (10 days after invoicing).
9 Warranty
The contractually agreed services are provided by Airtraining GmbH by professionally competent persons and in accordance with the recognized rules of their industry. Airtraining GmbH guarantees that its work results meet the contractually specified conditions.
10 Liability
Airtraining GmbH is liable exclusively for direct damages which it causes to the customer intentionally or by gross negligence within the scope of the fulfillment of the individual agreement. Liability for slight negligence is excluded. In no case Airtraining GmbH is liable for financial and consequential damages as well as loss of profit.
The amount of liability, regardless of the legal reason, is limited to the total amount of the project.
11 Contract duration
Project contracts are generally concluded for an indefinite period and, with regard to non-recurring services, end upon performance.
12 Confidentiality, data protection and data backup
The parties mutually assure each other to treat all business secrets of which they gain knowledge in the course of the fulfillment of the contract as absolutely confidential. Airtraining GmbH assures the customer to bind its employees and persons involved in the fulfillment of the contract to this confidentiality.
This provision is also valid after the termination of the contract and ends only with the general disclosure of the information and data concerned.
Airtraining GmbH commits itself to strictly comply with the applicable legal data protection regulations. In particular, Airtraining GmbH will not use the customer's data for its own purposes or pass them on to unauthorized third parties.
13 Freelancers
Freelancers commit themselves with the signing of the project contract for the provision of the agreed service. By signing the individual contract each freelancer guarantees that he/she will not compete with Airtraining GmbH in connection with the respective customer for the next 3 years.
Furthermore, the same confidentiality, data protection and data security obligations apply as defined under point 12 for the customers and Airtraining GmbH.
14 Final provisions
Should parts of the contract be null and void or become legally ineffective, the remainder of the contract shall continue to apply. The contracting parties shall then interpret and structure the contract in such a way that the purpose intended by the void or legally ineffective parts is achieved as far as possible.
This contract or individual rights and obligations may only be transferred to third parties with the prior written consent of the contracting party.
If written form is required in these general terms and conditions, then this can be fulfilled both by letter post and by e-mail, unless otherwise expressly stipulated in the general terms and conditions or in the individual agreement.
The offsetting of claims of the customer against claims of Airtraining GmbH is excluded.
Should Airtraining GmbH not assert its rights under this contract, for whatever reason, this does not constitute a waiver of this right.
Airtraining GmbH reserves the right to change the general terms and conditions at any time. These will be communicated to the customer in writing or in another suitable way, e.g. on the website, and will be considered approved without objection within one month.
The legal relationship is exclusively subject to Swiss law.