Legal information

These Web pages contain references to other property rights and copyright information, which must be observed and followed.

Verbatim copying and distribution of images or texts on these Web pages (even in part) in any media are not permitted without the consent of MySolutions GmbH. Microsoft, Windows and Windows CE are registered trademarks of Microsoft Corporation in the United States and/or other countries. SmartClient, MyXPert and VirtualCAM are registered trademarks of MySolutions GmbH. All other trademarks and product names are trademarks or registered trademarks and thus ownership of the respective registered owner.

We reserve the right to change the information on this website at any time and without prior to termination or update. This also applies to improvements and/or changes to the products described on these Web pages or programs.

The MySolutions GmbH gives no representations or warranties for external Web sites on which you can get Web pages (links) via the MySolutions. When you access a Web page from external owners, this is an independent site, we have no control over their content. This applies also, if this page possibly logo contains the MySolutions. In addition a link from our page does not mean out on another, that we identify ourselves with the content or support their use. We see it always as your duty to ensure that the applications you use are free of viruses, worms, Trojan horses or other items of a destructive nature. We support company measures, to your personal information to protect and betake advantage of encryption technology, access control procedures, firewalls and physical security measures.

The MySolutions GmbH will not be liable you or any third party for any direct, indirect, special or other consequential damages arising from the use of this or a Web page that is linked. Excluded any liability for lost profits, business interruption, loss of programs or other data in your information systems. This applies even if we out are expressly the possibility of such damages.

(Also in extracts) on these Web pages refer requests to permit of the copying of information send an eMail to webmaster@mysolutions.ch. This email address is protected against spam bots, you need JavaScript enabled to view it.

Note:
The unofficial English translation is not a legal substitute for the German original version! It is used only for a better understanding for English-speaking readers.

General Terms and Conditions (GTC)

1. Liability
These terms and conditions shall apply exclusively if applicable are declared by MySolutions in the offer or the order confirmation. Contrary conditions of the purchaser, in particular are only valid insofar as they expressly in writing or electronically are accepted by MySolutions. MySolutions provides software to use available, the customer is subject to this use the license agreement of MySolutions GmbH.

2. Conclusion of contract
The contract between MySolutions and the purchaser completes with the reception of the written or electronic confirmation of MySolutions. Changes or additions are valid only with the stated expressly in writing or electronically consent from MySolutions. Offers that contain no deadline, are non-binding.

3. Scope of supplies and services
The supplies and services of MySolutions are listed in the order confirmation, including any supplements to this conclusion. Benefit and risk pass the dispatch from establishment to the purchaser.

4. Prices
All prices are net, from Office, for export without packaging, in Swiss francs without any deduction. All ancillary costs as for example for packaging, freight, insurance, export, transit, import and other permits and certifications shall be borne by the purchaser. Similarly, the customer has all kinds of taxes, levies, fees, to ensure customs duties and the like which are levied in connection with the goods and services or he has to refund them to MySolutions, if it demonstrably has made payment for this.

5. Terms of payment
The payments are payable by the purchaser according to the specially agreed terms of payment to the bank account of MySolutions without any deductions (such as E.g. discount). The obligation to pay is fulfilled, Swiss francs at their disposal at the MySolutions bank account. Payment by bill of exchange or letter of credit is agreed, the Bill rate, change control, collection and credit charges purchaser. The dates of payment shall also be observed if transport, delivery, erection, commissioning or acceptance of the deliveries and services for reasons beyond the MySolutions, delayed or prevented, or if unimportant parts are missing or mail delivery work, which do not significantly affect the use of the supplies. If the collateral to be at or after conclusion of the contract shall be paid not according to the contract, MySolutions is entitled to adhere to the Treaty or to withdraw from the contract. We reserve the right to further compensation. If the payment deadline, MySolutions is entitled to charge a default interest of 5% p.a. without previous notice.

6. Terms of delivery
The delivery period starts to run as soon as the contract is concluded, all for whose execution NECE spoil there exist details at MySolutions, and if until then agreed payments have been made. In the case of force majeure, strikes, accidents, substantial operational disturbances or administrative measures in case of MySolutions or its suppliers or agents extended polluted possible, a timely delivery is the delivery period adequately. The delivery time is extended also, especially if subsequently changes the order of customer or with its contractual obligations and obligations behind if he provides necessary documents and information in a timely manner and/or fail making agreed payments and collateral. The delivery time is met if expiry the notice of readiness for dispatch to the customer has been sent. A delay in delivery does not entitle to the cancellation of the order. Compensation for a delay can claim the loading actuator only, if not replacement could be helped by him. In addition the delay must have been caused detectable by MySolutions and the purchaser must prove his damages as a result of the delay. The compensation for delay shall not exceed 5%, calculated on the contract price of the delayed delivery part. The first three weeks of delay type or so no claim to compensation.

7. Check and acceptance of the deliveries and services
MySolutions checks supplies and services as far as usual before shipment. Further inspections are particularly agree to be paid by the purchaser. The customer has to check the supplies and services as soon as possible after receipt at the latest however within a month (Swiss customers within 14 days) after receipt of the goods and to show MySolutions any defects immediately in writing or electronically. Defects that occur within the warranty period later are immediately after their discovery in writing or electronically to display. Without timely notification of defects, the deliveries and services shall apply as approved. Complaints not entitle to retain invoices or shorten.

8. Transport and packaging
Damage are visible at the reception of a broadcast on the packaging or transport damage show out of the box in the goods, the carrier shall notify without delay and to encourage the inclusion of a damage Protocol. The lack of an official complaint protocol release MySolutions from any liability. When returning any equipment and parts, the original packaging can be used whenever possible. This applies especially to electronic devices. Before investing in wood wool or similar material, they are dust-proof packing. For damage caused by non-observance of these rules, MySolutions disclaims any warranties.

9. Warranty (guarantee)
MySolutions offers a guarantee that their deliveries and services have no material, design or workmanship. The warranty period is 6 months reckoned from the day of delivery. Glass breakage is excluded from the guarantee. For other brands, which make up a substantial part of our device, the warranty conditions of the manufacturer apply. The take-up name of warranty obligations requires that the customer has fulfilled his payment obligations timely. MySolutions is committed until the expiration of the warranty period at its sole discretion either in own workshops free to repair proven faulty devices or to replace. Transport costs shall be borne by the purchaser. Expressly excluded from the warranty are defects which go back to circumstances, are not to be represented by MySolutions, such as improper use etc.

10. Exclusion of further liability
The warranty claims of the buyer are finally regulated in these terms and conditions. Customized hardware and software modules are considered automatically accepted and is operational, if it be objected within a period of 10 days after installation by the customer in their function. In particular any claims for damages, reduction or cancellation and termination of the contract are excluded. In any case claims for compensation for damage not caused to the delivery item itself, namely loss of production, loss of use, loss of orders, profits and other direct or indirect damage.

11. Returns
Non-free items are not accepted. A copy of the invoice and, where appropriate, a description of the fault must be added with the return. Returns should be sent to a service base supplied by us at the expense of the buyer. Results in a defective article, checking the errors alleged by the buyer or damage does not exist, but the article is faulty - and error-free, the buyer the seller is entitled, the examination fees, payment of a lump sum amounting to CHF 50.-plus VAT per check charge to make. This is true just if for goods purchased not at MySolutions GmbH. The buyer to prove a low effort, which evidence of a higher expenses subject to seller. In addition, in this case, the buyer has to pay the shipping and handling costs. Appraisal costs and shipping and handling collected cash bar.

12. Court of jurisdiction and applicable law
The courts of the seat of the MySolutions GmbH are responsible for the assessment of any disputes arising from these terms and conditions. MySolutions can take the place of jurisdiction at the registered office of the defendant.

(Date02-2012)

End-User-License-Agreement (EULA)

Below are the contractual provisions governing the use of the MySolutions GmbH software products through you, the end user (hereafter also: "Licensee"), listed. By installing the software you agree to the license agreement.

General terms and conditions

1. Subject of the contract
The contract is either on data carriers (disks/CDs) or software from the InterNet on-lined, the pro-gram description and operating instructions, as well as any other accompanying written material. They are referred to hereafter as "Software". The MySolutions GmbH draws attention to that it is not possible for the State of the art computer software to create that it works absolutely flawlessly in all applications and combinations. The contract is therefore only software, which is basically usable within the meaning of the program description and the instructions for use.

2. Scope of use
The MySolutions GmbH is guaranteed for the duration of this contract the simple non-exclusive and personal right (hereinafter also called "License") to use this software product on a single computer (i.e. with only a single central processing unit (CPU)), and only in one place. As a licensee, you may engage in physical form (stored on a disk that is) from one computer to another computer transfer, assuming that they will be used at any time on only a single computer. A further use is not permitted without additional special license in writing (such as multiple licenses, etc.) with the MySolutions GmbH.

3. Special restrictions
The software and the accompanying written material are protected by copyright. As far as the soft-ware with a copy protection is provided, the making of a single reserve copy for backup purposes only are allowed.
he licensee is prohibited from
1. ...without the software or the accompanying written material to a third party to hand over or a third party or how to make accessible written consent of MySolutions GmbH.
2. ...the software of a computer over a network or data transmission channel to another computer.
3. ...without the prior written consent of the MySolutions GmbH to modify the software, translate, reverse engineer, decompile or unzip assemble.
4. ..from the software to create derivative works reproduce the written material, to translate it or to amend or to create, derivative works of the written material.
5. ...to give the software away, rent or lend.

4. Ownership of rights
You will receive only property on the physical disk and the unopened InterNet package with the purchase of the product. An acquisition of rights to the software itself is not connected. The MySolutions GmbH reserves all publication, reproduction, machining processing and exploitation rights to the software.

5. Duration of the contract
The contract runs for an indefinite period. The right of the licensee to use the software shall automatically expire without notice if he violated a condition of this agreement or after a test phase of the computer removes the software. Upon termination of the right of use, he is obliged to destroy the original data media (diskettes/CDs) or the original packaged InterNet package, as well as all copies of the software including any amended copies as well as the written material.

6. Liability and warranty
The product is tested and verified its functioning when used properly by using the manuals or online help. No guarantee for the respective use possibility of the licensee. Occurred defects must be immediately in writing – to within of 8 working days since delivery open defects or hidden defects - a free for the dealers returning of the product to the dealer. The warranty is done by reworking or replacement delivery. A conversion or reduction claim only fails the rectification of defects or replacement delivery and under condition that unsuccessfully a grace period has been put the dealer at least 30 days. Any further warranty or claims, in particular claims for damages due to positive breach of contract, are excluded, unless intentional or grossly negligent action is assigned to the authorized dealer. Any liability for indirect damages is excluded in any case. In any case, all warranty claims expire 6 months after delivery.

7. Other
1. It shall be the laws of Switzerland (Court of jurisdiction: Office of MySolutions GmbH).
2. All rights and obligations arising from this contract are neither transferable nor assignable, without the consent of the contracting party unless otherwise stated in this agreement.
3. All agreements, changes or additions to this agreement in writing to be effective.
4. Should individual provisions of this contract be ineffective, that should not affect the validity of the remaining provisions. Invalid provisions are to replace, who’s meaning and economic success as much as possible corresponds to the invalid provisions.

(Date 02-2012)

Maintenance and Service Conditions (MSC)

1. Subject
1.1 These maintenance and service conditions (hereafter WSB) govern the fundamental benefits and obligations between a contracting entity (hereinafter referred to as the customer) and the contractor, MySolutions GmbH, Saeed (hereinafter referred to as MYSOLUTIONS). More agreements applicable to single or multiple products or services are regulated in annexes to the contract in the form of the order confirmation, as well the scope of services and the maintenance fees.
1.2 The following terms and conditions govern the maintenance or support application programs and software systems (hereinafter referred to as SOFTWARE), the provision of support services and training and training of users and more services according to the specifications in the respective annexes.

2. Maintenance services
2.1 These include same services as the warranty in accordance with the general terms and conditions (hereinafter referred to as GTC) after expiry of the warranty period plus additional services with which the licensed software is adapted to the current conditions. Following additional performance are listed: correction of faults in the software to maintain, adapt the software to legal changes and delivery of improvements and extensions of the main version (major release) acquired in the licensed software functions included, which may arise from the development of the standard software. These apply only if there is a software maintenance contract continuously since introduction of the software, and is otherwise subject to a charge. Minor and Buildupdates are, if not otherwise agreed, executed by the customer itself. If explicitly agreed in the contract of sale within the order confirmation as an additional service, a telephone information service (hotline) regarding installation support is granted on weekdays during the following business hours:

Monday to Thursday between 9:00 to 12:00am and 01:30 to 05:00pm
Fridays between 9:00 to 12:00am and 01:30 to 04:00pm.

This additional service applies only to a coordinating body at the customer. The extension of the hotline for stores or for all end users as well as the expansion of the information times is governed by additional written agreements. The hotline service in addition to incompatible will be charged separately according to the currently valid price list at 15-minute intervals.

3. Warranty, rights and obligations
3.1 The customer can get in addition to the supplied by MySolutions or by MySolutions software, for which he has a valid license in the exclusive right to use, at the conclusion of a purchase agreement and receipt of the order confirmation, a maintenance based on the MSC.
3.2 The services referred to in point 2.1 shall apply for software that is used on the provided PC systems and the Windows operating system that is provided for this purpose according to the original regulations. To change these conditions, are the supplements according to adapt and MySolutions reserves, not to renew the relevant supplements. The remaining conditions with its remaining addenda remain unaffected by such partial withdrawal.
3.3 At the beginning of the maintenance, this refers to the major release of the software mentioned in the contract of sale by the order confirmation. Minor - and Buildupdates, as far as not otherwise separately agreed in writing, executed by the customer himself. Is a minor - or Buildupdate of the MySolutions transfer or the customer the employees a work site is necessary for other reasons granted the MySolutions unimpeded access to the premises and equipment as far as this is necessary for the installation. In addition the customer provides sufficient PC workstation and machine time (System is locked in this time for other users) for installation and testing. The service costs are separately charged the customer according to the currently valid prices. The customer provides for a direct current preliminary data and system backup.
3.4 MySolutions has the right to involve third parties for maintenance or carried out by third parties. This is particularly true if the implementation of licensed software subcontractors have collaborated or if the customer uses third party software, the maintenance responsibility but is taken over by MySolutions, according to separate addenda to this MSC.
3.5 MySolutions assumes liability, maintain the maintained software with the possibilities of the use of the Windows operating system intended for the software during the term of the MSC. The warranty will be void if the customer on the licensed programs has made their own modifications or additions to not egregiously, if have been transferred without knowledge and/or consent of MySolutions the licenses on other hardware or operating systems, hardware or software changes made or changes made to the communication pathways, if in connection with the introduction of new applications of third parties or customer-specific applications at the licensed software errors occur. In these cases MySolutions can charge independent separately the deficiencies of this agreement. This is no longer possible to MySolutions without notice of the agreement withdraw MSC, where maintenance fee paid for the benefit of the MySolutions will be forfeited and paid expenses can also if they were not successful in separately invoice.
3.6 MySolutions is committed to provide maintenance services in the agreed framework. Delays due to force majeure, such as strike, operational errors, administrative regulations, or other, not through MySolutions for events and occurrences entitle MySolutions to postpone the dates for the duration of the hindrance plus a reasonable start-up period. To be responsible for delays, which MySolutions has, is this only in default if the customer has granted a reasonable grace period in writing. MySolutions is generally no longer to provide the agreed maintenance services, the customer has the right to withdraw from this agreement the MSC. MySolutions is not liable for any, rendered by the customer inputs. Other compensation or claims of customers or third parties are excluded.
3.7 The customer is always worried for the periodic backup of software and data. MySolutions recommends that you store those backups out of the House, or at least so to ensure that software or data loss or after a disaster situation the software and the data can be reused. MySolutions helps clients the reinstallation on the same systems with same Windows operating systems for calculation of benefits. A full reinstall is required the cooperation of MySolutions confined to pure installation of current minor - and Buildupdates of the software delivered by and its major release. The development and restoration of data, such as system parameters, text preserves, master data, or data of any kind is not subject to maintenance and support services and will be charged separately.
3.8 MySolutions, authorized third parties and all employees of these companies are committed to strict secrecy. There will be no information, documents or observations by the or even recovered about the customer in any way for, and under no circumstances to third parties. Statements about services or projects realized in terms of references are made only with explicit authorization by the customer.
3.9 The user instructions and user training for end users are offered separately by MySolutions and are not subject to software maintenance. No replacement for this represents also the hotline. The customer used for these purposes, the hotline the hotline service provided according to current price list at 15-minute intervals is calculated separately.
3.10 The user instructions and user training for end users are offered separately by MySolutions and are not subject to software maintenance. No replacement for this represents also the hotline. The customer used for these purposes, the hotline the hotline service provided according to current price list at 15-minute intervals is calculated separately.
3.11 The customer provides an Internet connection available, allowing an access on the part of MySolutions on the customer's computer for the purpose of a remote maintenance at his own expense.

4. Escalation procedure
4.1 When using the remote, the response time is average 4 hours within the agreed period of maintenance. If an on-site is required, the response time is approximately 16 hours.
4.2 Errors or problems are solved with the following priorities: 1. Blocking error, which generally preclude working with licensed software: elimination or workaround within a very short time on weekdays. 2. Critical errors, which, however, allow a further, restricted work: eliminate or bypass within 2-3 weeks. 3. Blemishes, what operation do not or only slightly affect: elimination with one of the next minor or Buildupdates.
4.3 MySolutions strives for the Elimination of errors, even if suspected of being the cause of the failure outside of the licensed software to search. MySolutions coordinated the competent suppliers (hardware and software) in such a case, until the error is localized and can be fixed. This service will be charged separately.
4.4 The error message has to be in writing in any case. The customer has the failure to document that it is perfectly understandable for MySolutions. There are necessary expressions of screen (screenshots) and other attachments to attach. Verbal error messages are not processed.

5. Maintenance times
5.1 Normal maintenance and minor and Buildupdates are provided during the normal working hours on weekdays. Takes the maintenance or troubleshooting more than 05:00pm, MySolutions may make reasonable charges and costs for any nights under service conditions into account.
5.2 The customer can agree in writing an extended maintenance for additional costs in the addenda to the agreement of this MSC individual licensed products and/or for specifically defined services. a. 24 hours in a Monday 8:00am to Friday 12:00am b. 7 days a week, 24 hours a day c.On-call service for the two options are available for a limited time, such as for a few days, or over a weekend. On-call services are available only with advance notice of at least four weeks prior to the desired date of the on-call over holidays d. Extended hotline service of over 2 hours per month, according to separate written agreement Extended maintenance (a - d) but is in any case only for an error and problem-solving, not for maintenance work, which can be carried out during normal working hours and also not for support or hotline support.
5.3 None of these additional services are agreed, the maintenance time as described in point 2.1 applies.

6. Termination of contract duration
6.1 The purchase contract in the order confirmation containing maintenance performance with its annexes applies for each 12 months from date of purchase and not written termination automatically with tacit renewal for a further 12 months.
6.2 The customer may terminate the contract without giving reasons with a notice period of three months preceding the month of the due date. The termination must be timely (it is the date of postmark) by registered mail at the MySolutions.
6.3 MySolutions may terminate the agreement with a notice period of three months preceding the month of the due date. The termination must be timely (it is the date of postmark) by registered mail at the customer.
6.4 Premature terminations on both sides are possible only with mutual written consent.
6.5 Im Falle einer Kündigung durch den Kunden verfallen alle gezahlten Wartungskosten zugunsten der MySolutions.
6.6 All paid maintenance costs in favor of the MySolutions will be forfeited in the event of termination by the customer.

7. Terms of payment
7.1 The maintenance fees listed in the contract of sale with the order confirmation and any additional written agreements to the MSC are yearly and payable in advance. The specified amounts are quoted in the currency of purchase without VAT.
7.2 MySolutions acting in accordance with the customer agreement for the advance a Bill. This is net and without deduction within the given deadlines (receipt of payment to the account of the MySolutions) to pay up to 1 of the maintenance starting month concerned. The payment fails, MySolutions can urge a last payment date. Until then the payment still always not occurred, rests for MySolutions the obligation to provide any services from the maintenance contract and the accompanying annexes and is regarded as an interruption of the MSC.
7.3 In default of payment by the customer the MSC with its stay before hang written supplementary agreements may exist and the customer shall owe the maintenance fees in addition to 5% fees continue to PPA.
7.4 The invoices be directed to the address listed in the contract of sale by the order confirmation. This can only be another address, if it's the same person, or if a different invoice recipient in writing agrees to the payment of invoices to be expected. In any case the customer in the order confirmation however considered debtors for unpaid bills.
7.5 Invoicing for services hotline is payable due within 10 days (receipt of payment to the account of the MySolutions) of invoice by the customer.
7.6 The payment for the hotline services is more than 20 days, MySolutions may demand an advance payment for hotline services to expect new.

8. Final provisions
8.1 Partial invalidity (Severability rule) All Contracting Parties agree with the recognition this MSC, to transfer all rights and obligations to any successor in title.
8.2 Succession All Contracting Parties agree with the recognition this MSC, to transfer all rights and obligations to any successor in title.
8.3 Court of jurisdiction The MSC and all additional agreements are subject to the Swiss law. Place of fulfilment and Court of jurisdiction is Schötz (LU). MySolutions is however entitled to sue at the customer's premises and to assert claims.
8.4 The current general terms and conditions (GTC) of MySolutions GmbH in Schötz (LU) shall apply. These have been recognized by the customer with order confirmation and can be viewed at any time on the MySolutions under "Legal" Web page.
8.5 All prices are called depending on the customer's premises in Swiss francs (CHF) and euro (EUR).
8.6 There is no verbal collateral agreements.
8.7 German or English is the vernacular for carrying out the maintenance.
8.8 No telephone support will take place during the Annual closing. Also support via email, fax or letter does not take place at this time. It is offered only a support for a disaster (standstill of the system) through a special support site on the Internet. The customer will be informed about the date of the Annual closing approximately 8 weeks before.

9. Maintenance software products
9.1 Positions confirmed according to the order MySolutions software and configuration for networks or single-user licenses according to the separately-designated position monthly or annual fee.

10. Scope of software maintenance
10.1 Standard Maintenance as previously described.
10.2 One hour hotline free of charge per month, for a focal point. Telephone costs shall be borne by the customer and will be charged each month separately.
10.3 Additional hotline (from the 61st minute) per 15-minute intervals of according to the valid price list.
10.4 Only remote maintenance service.
10.5 Usual office hours from Monday to Friday as described in point 2.1.

11. Runtime: beginning of the purchase month of confirmation of order for 12 months.

12. Payment: annually in advance.

Prices / other::
• Based on the currently valid price list for services supplied of by MySolutions GmbH
• Apply the general terms and conditions of MySolutions GmbH
• It apply exclusively the maintenance and service conditions of MySolutions GmbH

This MSC included a confirmation of order the positions defined in the original order that customer ordered and are binding without signature upon conclusion of the purchase contract.

(Date 02-2012)