1. Applicability / Validity
These General Terms and Conditions of Contract (GTC) are additionally enclosed as an integrated contractual component of the order confirmation i.e., added to contract and basically regulating all points not mentioned therein. In the event of deviations, the text in the order confirmation or in the contract shall take precedence. Other provisions require written form and must be expressly stated in the order confirmation or in the contract.
2. Conclusion of the contract
The contractual relationship is concluded either by mutually signed contract or by a written order confirmation by Starco Security AG. Starco Security AG may - for practicable and/or temporal reasons - waive a written contract and/or other contractual relevant, i.e. countersigned documents. The addressee/recipient of the order confirmation shall be deemed to be a legal personality or entity. If not, an immediate counter-report addressed to Starco Security AG is required.
3. Duration of the contract
Unless otherwise agreed, this contract lasts one year and is tacitly renewed for a further year, unless it is terminated in writing no later than three months before expiration.
4. Premature termination of the contract
In the event of relocation of the client as well as sale or other abandonment of the order object, the client may terminate the contractual relationship prematurely with a notice period of three months. If Starco Security AG must give up or change the service organization for important reasons, it is entitled to prematurely terminate the contractual relationship with a notice period of one month.
5. Modification of the contract
In principle, the agreed services are binding regarding type, scope, and conditions. Individual adjustments, for example in the sense of service extensions / shortenings, are possible with mutual consent. A complete or partial cancellation of the order by the customer entitles Starco Security AG to invoice in full the resulting costs and activities.
6. Scope of services
The scope of services is based on the service regulations and the "General Service Instructions" (ADA) of Starco Security AG. If necessary, Starco Security AG, in cooperation with the client, will prepare supplementary "Special Service Instructions" (BDA) specifically tailored to the order. The client will receive a copy of the BDA updated by Starco Security AG and is responsible for checking and updating its contents on an ongoing basis. Otherwise, Starco Security AG rejects any liability. The client must immediately notify the responsible branch of Starco Security AG in writing of any changes or complaints regarding the execution of the agreed services. In the event of late notification, rights arising due to such complaints cannot be asserted. Any verbal instructions by representatives of the client at the place of employment cannot trigger any liability on the part of Starco Security AG.
7. Inspection of the documents
The client may request access to the documents relating to his order.
8. Telephone recordings
The client acknowledges that if necessary for training and/or evidence, Starco Security AG may monitor / record telephone conversations.
9. Subcontractors
Starco Security AG is authorized to have services provided by qualified subcontractors if so necessary. If Starco Security AG appoints subcontractors, it is liable for the careful execution of the services by the subcontractor.
10. Prices
The agreed prices are understood to be in accordance with the prevailing level of wages and employment relationships. In the event of a change, Starco Security AG may also make a corresponding adjustment of the prices during the term of the contract after prior announcement. In the event of tacit renewal of the contract, prices are adjusted each year according to the national consumer price index or the Swiss Security Services Industry Index (VSSU). The index with the higher alteration will be used. The cut-off date for said calculation is the month of the commencement of the order of the previous year. The prices in the order confirmation or in the contract are considered basic prices and may not be undercut.
11. Terms of payment
The order is executed against invoice. Invoicing is normally done electronically by email. In individual cases, cash intake can also be used. The client undertakes to pay the invoice amounts on time and without deductions. If the client does not meet his payment obligations or does not meet them in time, Starco Security AG may immediately discontinue its contractual services. The liability of Starco Security AG damages I n the realm of the client are excluded.
12. Liability
The client is covered for damages incurred by him because of non-contractual fulfilment of the order in accordance with the insurance for personal injury and property damage taken out by Starco Security AG up to 10 Million Swiss Francs. Financial losses are covered if they are due to insured personal injury or property damage caused to the injured party. The client waives further claims against Starco Security AG. Any claims against Starco Security AG must be filed in writing within a period of 4 weeks after the damage event. Otherwise, they shall be deemed forfeited. Starco Security AG is not liable for damages resulting in consequence of technical defects in installations and equipment as well due to theft and/or robbery. In all other respects, the liability of Starco Security AG is subsidiary; it does not release the client from the obligation to take out the necessary property insurance. Starco Security AG is only liable for the material value of destroyed or stolen data carriers (hard discs, tapes, USB sticks, etc.), but not for the costs of data recovery. Starco Security AG is not liable for omitted or delayed services that are due to accidents, failures of third parties (e.g. interruption of the telecommunications network or power supply) or to obstructions in road, rail, or air traffic. Any liability for the direct or indirect consequences of false alarms, for police and fire brigade operations and for the dispatch or forwarding of keys is excluded. The accumulation of orders can lead to delays in intervention, for which Starco Security AG accepts no liability. Starco Security AG does not guarantee any response, arrival, intervention or alarm times. Starco Security AG does not guarantee any special technical, medical or nursing knowledge and categorically rejects any performance standards and any liability and guarantee claims in this respect. Insofar as the client uses electronic customer portals of Starco Security AG, any liability and guarantee arising from or in connection with this use is rejected in full.
13 Confidentiality and data protection
Starco Security AG undertakes to handle all documents and information received from the client in connection with its contractual relationships, including all copies or records made thereof as well as those documents and information prepared for the client, confidentially at all times, even after termination of the contractual relationship, as its own business secrets, not to disseminate them unnecessarily within the company and not to make them accessible to third parties - with the exception of the subcontractors used - either in whole or in part. This obligation does not apply to such documents and information that can be proven (a) to have become generally known without breach of this confidentiality obligation; or (b) to have been lawfully obtained from third parties without a confidentiality obligation; or (c) to have been independently developed by Starco Security AG. Starco Security AG is authorised to pass on documents and information to subcontractors to the extent necessary, insofar as they are required for the assignment. The client will handle all documents received from Starco Security AG that are labelled "confidential", "confidential" or "business secret" etc. confidentially in accordance with the above provisions and not make them accessible to third parties. Insofar as Starco Security AG processes personal data in the performance of services, the client's instructions and the applicable Swiss data protection law are observed and appropriate measures are taken to protect such data from unauthorised access by third parties. For further information on data protection, please refer to Starco Security AG's privacy policy at https://www.starco.ch/datenschutzerklaerung.
14. Force majeure
In cases of force majeure (in particular outbreak of war, epidemics, pandemics such as COVID-19 or similar, strikes, catastrophes, etc.), Starco Security AG may temporarily suspend all or part of its services if they can no longer be provided due to governmental directives or actual circumstances. Starco Security AG accepts no liability in such cases.
15. Severability clause
Should individual provisions of these GTC become invalid or ineffective, this shall not affect the validity of the remaining provisions of the contract. The parties will undertake to replace the invalid or ineffective provision with one that comes closest to the original version, legally and economically.
16. Applicable law / place of jurisdiction
Swiss law is applicable to all contracts with Starco Security AG; the forum of jurisdiction is Affoltern am Albis.