Movis AG
Kreuzstrasse 26
8008 Zürich
Schweiz

CEO: Martin Bircher

Commercial register entry
Business name: Movis AG
Number: CH-020.3.021.471-1
Commercial register office: Zurich

VAT number: CHE-104.943.869

Concept and Creation
Rosarot
Rosarot.ch
Programming
OneLine
one-line.ch

General Terms and Conditions of Movis AG

1.   Scope and amendment of the General Terms and Conditions

The following General Terms and Conditions (hereinafter referred to as the “GTC”) shall apply to all contractual services which Movis AG (hereinafter referred to as “Movis”) provides to its customers. 

Written agreements made in individual cases always take precedence over the GTC. Any GTC of the customer shall not apply to the legal relationship with Movis.

Movis expressly reserves the right to amend the GTC at any time. The new GTC shall be notified to the customer and shall be deemed to have been approved unless they are objected to within 30 days

2.   Acceptance of offers/execution of the contract

Our written offers are valid for 3 months from the date of issue unless a different period of validity is specified. By accepting the offer in writing, the customer accepts the services, terms and conditions and other provisions set out in the offer as well as the GTC.

A binding contract shall be executed upon the customer’s written acceptance of the offer or upon the commencement of service provision by Movis.

3.   Contractual obligations of Movis

Movis shall be obliged to perform its services carefully, conscientiously and faithfully. A specific result is not owed.

Movis is obliged to employ professionally trained employees with the necessary specialist knowledge and to supervise and monitor them continuously during execution of the order.

Movis shall inform the customer at any time upon request concerning the status of its services and shall give an account thereof

4.   Obligations of the Customer to cooperate

Movis shall provide its services based on the information provided by the customer. The customer shall be obliged to support Movis to the best of its ability and to provide all information and documents necessary for the proper execution of the order in a timely and correct manner. The customer is solely responsible for the factual accuracy and completeness of this information.

If the customer does not comply with its duties to cooperate, it shall bear the consequences of such a breach of duty, to the exclusion of any liability on the part of Movis. In particular, the customer shall compensate Movis for any additional expenses

5.   Dates

Any deadlines for the performance of the agreed services shall be agreed with the customer on an individual basis.

Movis expressly reserves the right to postpone a deadline due to unforeseen circumstances for which it is not responsible (e.g. illness of staff) without thereby incurring any liability for costs or compensation.

Should the customer be unable to comply with an agreed deadline or scheduled appointment for whatever reason, it must cancel it by telephone or e-mail at least 24 hours before the start of service provision. A delay of 15 minutes or more by the customer shall be construed as a failure to comply with the respective deadline/appointment. Otherwise, Movis reserves the right to invoice the booked service in full.

6.   Changes to performance

Movis shall take into account requests for changes to performance made by the customer to the extent that this is reasonable.

Insofar as the implementation of the desired changes affects the terms of the contract, in particular the expenditure of Movis and/or the time schedule, the parties shall agree on an appropriate adjustment of the terms of the contract, in particular an increase in the remuneration and a postponement or rescheduling of any agreed deadlines

7.   Involvement of third parties

Movis shall be entitled to involve third parties for the purpose of fulfilment of the contract. Should this occur, Movis shall ensure that its contractual obligations are complied with by the third party/parties.

8.   Remuneration, expenses and taxes

Remuneration shall generally be based on the time worked. The remuneration model to be applied in any specific individual case as well as the price rates shall be agreed upon individually with the customer in each respective case.  

Expenses and other outlays are not included in the agreed remuneration and shall be invoiced separately to the customer at the effective costs or rates customary in the industry, unless otherwise agreed.

The remuneration and expenses are exclusive of VAT and any other statutory duties.

9.   Invoicing

Movis shall invoice for the services it has provided and any expenses and taxes incurred after completion of the service provision or on a monthly basis. The invoice shall contain a detailed list indicating the date of the services rendered, the activities as well as the time worked and the expenses and taxes payable.

The invoice shall fall due for payment within 30 days of the invoice date

10. Copyright

Movis shall retain in full all copyright over the results of its work to which it is entitled.

11. Data privacy, data security

Data protection and data security are regulated in the Privacy Policy, which is available on our website www.movis.ch.

12. Storage of documents/right of retention 

Movis shall carefully store documents of all kinds received from the customer (e.g. deeds, contracts, notes, correspondence, etc., whether in the original, as a copy or in draft form) and shall only use these in direct connection with the provision of its contractual services, or insofar as obliged by law. The documents shall be protected by Movis against third party access. Upon request, personal data in the documents shall be fully anonymised and thus rendered unrecognisable after the service has been completed.

13. Liability

Movis shall only be liable for exercising all due care in the provision of its services. To the extent permitted by law, Movis excludes any further liability for damages to the customer.  This shall apply both to liability for its own fault, insofar as there is no unlawful intent or gross negligence, and for fault on the part of third parties that Movis uses for the provision of its contractual services.

14. Force majeure

In the event of force majeure, i.e. the occurrence of events beyond the control of the party concerned (such as, for example, official orders and measures, labour disputes, natural disasters, epidemics and pandemics) which substantially impair or render impossible the provision of the service, the party concerned shall notify the other party in writing as soon as possible of the nature of the event concerned and its expected duration. In this case, the affected party shall be entitled to postpone the provision of its service for the duration of the impediment in addition to a reasonable run-in time but shall resume the provision of its service immediately upon cessation of the event in question.

The parties shall use good faith efforts to reduce the impact of any force majeure as far as possible.

15. Termination of the contract

The contract shall end upon expiry of the agreed terms or by termination. Unless otherwise agreed, the contract may be terminated with 6 months’ notice from the end of any month. The contract may be terminated with immediate effect for good cause. Good cause shall include any circumstance that in good faith makes it unreasonable for the terminating party to adhere to the contract, namely the launch of bankruptcy, composition or similar proceedings against the customer. The termination must be given in writing to be effective.

16. Severability clause

If any provision of these GTC is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to have been replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time the contract was concluded. The same shall apply to any gaps in these GTC.

17. Applicable law and place of jurisdiction

All contractual relationships between the customer and Movis, including these GTC, are subject to Swiss law (excluding the provisions on the conflict of laws).

The exclusive place of jurisdiction for all disputes between the parties is Zurich.

Privacy Policy

Version of 02/20023

Data protection is an important concern for Movis AG (hereinafter «Movis»). This Privacy Policy explains how and for what purpose Movis collects and processes personal data. Personal data comprise all information that relates to an identified or identifiable person. Movis processes all data based on the applicable legal provisions, in particular the Swiss Data Protection Act (DSG) and the EU General Data Protection Regulation (GDPR). Movis takes appropriate technical and organisational security measures to protect personal data against loss, destruction, unauthorised access and misuse.

Please note that Movis may amend this Privacy Policy at any time without prior notice. The current version published on the websites of Movis www.movis.ch and www.movis24.ch (hereinafter the «Websites») shall apply.

1.   Controller

Movis is the controller for the purposes of data processing as described in this Privacy Policy:

Movis AG

Kreuzstrasse 26

8008 Zurich

Tel.: +41 848 270 270

E-Mail: info@movis.ch

If you have a data protection concern, you can contact Movis using the contact details provided above.

2.   Collection and processing of personal data

Movis processes personal data that it receives from its customers, their employees and other business partners in the context of its services and business activities and/or that it collects from their users when operating its websites. Such personal data include names and contact details, professional details, financial information, socio-demographic data, data related to usage of the websites and all other information provided to Movis by the customers, their employees and other business partners. In relation to the customer’s employees, such personal data also comprise information concerning the employment relationship between the customer and the employee, insurance-related information and information concerning the employee’s mental/physical health.

Furthermore, Movis may collect and process personal data from publicly accessible sources (e.g. press, internet or public registers) to the extent permitted by law.

The employees of Movis’ customers shall be informed in writing concerning the collection and processing of their personal data. If contact occurs exclusively by telephone, the information shall be provided orally. These personal data shall only be processed upon an explicit declaration of consent by the employee.

3.   Purpose of the data processing

Movis primarily processes personal data in connection with the provision of its services, the conclusion and processing of contractual relationships with its customers and other business partners and the operation of its websites. 

Movis may also process personal data for other purposes, insofar as this is permitted by law and Movis has a legitimate interest in the respective data processing.

Movis may then process personal data on the basis of consent (e.g. sending newsletters in response to your registration). Such consent may be withdrawn at any time. However, the withdrawal of consent shall not affect any data processing that has already taken place.

In particular, Movis processes personal data for the following purposes:

– fulfilment of its contractual obligations

– management and implementation of its business relationships

– communication with its customers, their employees and other (potential) business partners

– offer, quality assurance and further development of its products and services

– maintaining, providing and improving its websites

– statistical purposes

– for advertising and marketing purposes, provided you have not objected to the respective data processing (if Movis sends you advertising as an existing customer, you can inform Movis at any time that you no longer wish to receive such advertising, and Movis will then place you on a blocking list  to prevent further advertising mailings).

4.   Use of the Movis websites

Log data and device-specific information

When you call up and use the Movis websites, the provider of the pages automatically collects and stores corresponding log data and device-specific information that your browser automatically transmits to Movis. These data and information include but are not limited to, IP address, browser type and version, operating system used, the website from which an accessing system accessed the websites (so-called referrer), information about your device and its settings, and the date and time of your visit.

Cookies

The websites of Movis use cookies. Cookies are small text files that are stored on your computer or mobile device via an internet browser when you visit the Movis websites. When you visit one of the websites again, the website recognises you without knowing who you are. The purpose of this recognition is to make it easier for you to use the website. By using cookies, Movis can provide you with more user-friendly services that would not be possible without the cookie being stored.

However, you can set your browser so that it deactivates cookies, only saves them for one session or otherwise deletes them early. Most browsers are pre-set to accept cookies. If you deactivate the storing of cookies, not all functions of the websites may be fully usable.

You can find more information about cookies on websites such as https://allaboutcookies.org/.

Google Analytics

The websites of Movis use Google Analytics, a web analytics service provided by Google LLC (hereinafter «Google»), USA. Google Analytics also uses cookies to analyse your use of the websites. The information concerned is usually transferred to a Google server in the USA and stored there. The IP anonymisation function is activated on the Movis websites. This means that your IP address will be truncated by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there.

Google uses the information collected to evaluate your use of the websites, to compile reports on website activity for Movis and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. The IP address transmitted by your browser as part of Google Analytics will not be cross-referenced with other Google data

5.   Data transmission abroad

In the course of its business activities and the processing of personal data in accordance with this Privacy Policy, Movis may – to the extent permitted by law and where necessary – disclose personal data to trusted third parties (hereinafter the «Third Party Recipients») who process your personal data for Movis. In particular, these may be service partners of Movis (e.g. IT service providers, third parties involved in the implementation or organisation of events, or providers of support services).

The third-party recipients may be located in Switzerland as well as abroad. If the country in question does not offer adequate legal data protection, Movis shall ensure in accordance with the legal requirements that personal data are adequately protected in accordance with the Swiss level of data protection (in particular by concluding EU Model Clauses and/or through the adoption of so-called Binding Corporate Rules).

6.   Duration of storage of personal data

Movis shall only store personal data for as long as is necessary in order to fulfil the contractual and legal obligations or the purposes otherwise pursued by data processing (e.g. for the duration of the business relationship and also thereafter in accordance with legal retention and documentation obligations).

7.   Rights of the data subject

You have the right to request information from Movis at any time about which of your personal data Movis holds and how they are processed. This right only relates to your own personal data. If a document or file contains personal data of third parties in addition to your own personal data, these will be removed or anonymised in a suitable manner. Movis does not pass on personal data of its customers’ employees to those customers. This is subject to any agreement to the contrary between the customer, the employee and Movis or the express consent of the employee to the disclosure of his/her information to the customer. 

In addition, you have the right at any time to request Movis to rectify or erase your personal data and/or to restrict data processing. This is subject to any restrictions provided for by law that Movis may invoke in this respect (e.g. legal obligation to or overriding interest of Movis in the storage or processing of certain personal data).

If you take the view that the processing of your personal data by Movis conflicts with any applicable legal provisions, please contact Movis. In the event, that Movis is unable to resolve the relevant issues, you have the right to lodge a complaint with a local supervisory authority, in Switzerland the Federal Data Protection and Information Commissioner.