Terms and Conditions
Scope of Application
These GTC govern the contractual relationship between the users of the homepage and the services of nextesy AG and nextesy AG, with registered office in Zurich (hereinafter nextesy), the operator of the website https://www.nextesy.com/ and the platforms and services operated via this website (hereinafter Platform).
A User within the meaning of these GTC refers to natural and legal persons who use the Platform to obtain services from nextesy and to book packages.
Conclusion of Contract
Access to the use of the Platform requires free registration.
By registering, all users declare that they have legal capacity.
By registering, the user accepts these GTC. A contractual relationship is established between nextesy and the registered user, which is governed by the provisions of these GTC.
The user can use various contents of the Platform free of charge. In addition, nextesy offers products, service packages, platforms, subscriptions and other paid content (collectively the Services). The Services include various tools and products that enable users to make their Human Capital Management as efficient as possible. The Services are concluded separately and their terms are described in separate contracts which the users accept separately (hereinafter individually an Individual Contract or Individual Contracts).
The Individual Contract for products and services made accessible on the Platform is concluded upon acceptance of the Individual Contract by the user.
Scope of Services and Prices
All users can register free of charge and receive free access to certain content contained on the Platform. The scope of services and the prices of Services are determined by the Individual Contracts.
nextesy uses the customary care to ensure that the price details of Services and their descriptions published on the Platform are current and correct, nevertheless these details on the Platform are non-binding and made without guarantee. Only the details contained in the Individual Contracts are binding.
Payments must be made in Swiss Francs.
In the case of purchase on account, users are obliged to pay the invoice amount within 30 calendar days after conclusion of the Individual Contract.
If the user does not or only partially meet their payment obligation, all outstanding amounts owed by the user to nextesy shall become due immediately and nextesy can claim these immediately.
nextesy charges an administrative fee of CHF 10 for the first reminder and an administrative fee of CHF 15 for each subsequent reminder. The user expressly accepts these administrative fees.
Further reminder costs, default costs as well as default interest remain reserved.
Registration, Termination
These GTC apply from the user's registration. The termination provisions for the Services are governed by the Individual Contracts. The user notes that the Individual Contracts may contain termination periods, upon expiry of which the Individual Contracts are extended for a further term.
For the registration of a user, an email address and name are required. Confirmation is sent via a link by email to the address provided. As soon as the user wishes to purchase Services, further details are required from them, e.g. address, enterprise identification number (UID), telephone number, email, website, details about the company (e.g. size, estimated turnover etc.) as well as credit card information.
If there are open, unpaid invoices in favour of nextesy, nextesy reserves the right to suspend or block all Services and logins of the user until the invoice is paid.
nextesy is entitled to exclude users at any time without giving reasons, i.e. to terminate the contractual relationships (including the GTC and the Individual Contracts) without notice, without any claims arising against nextesy. This applies in particular in the event of violations of these GTC or code of conduct, or if there is a suspicion of incorrect or inappropriate behaviour by users (attempted hacking, violation of legal provisions, violation of criminal law norms, violation of copyrights and other intellectual property rights of nextesy or of third parties, misuse of the Services for illegal purposes or to the detriment of nextesy or third parties). In any of the aforementioned cases, amounts prepaid for Services will not be refunded by nextesy.
nextesy is also entitled to terminate the GTC and Individual Contracts at any time without stating a reason. Any amounts already paid in advance for Services will be refunded pro rata temporis in such cases. nextesy can also temporarily block users' accounts without issuing a termination notice.
No Responsibility for Third-Party Offers
Insofar as third-party offers (hereinafter Providers) are integrated via the nextesy platform (integration of plugins and tools of providers, e.g. in the field of Artificial Intelligence), their use is governed by separate terms and contracts of these Providers. The privacy policies of these Providers apply. The user expressly acknowledges these conditions by ticking a box. They warrant that they will study the conditions of the Providers carefully and take note of them.
The user is aware that they bear any damage caused by the integration of offers from Providers themselves or must assert it against the Providers. nextesy assumes no liability for all offers from Providers. Any output generated by an artificial intelligence represents only a probability value, but not necessarily a fact.
nextesy expressly points out that Providers may have their registered office abroad (e.g. USA) where less customer-friendly liability rules, lower or no consumer protection/product liability and a lower level of data protection may exist. The user takes note of this and agrees to bear the corresponding risks. In particular, nextesy assumes no liability for disputes and other proceedings arising between users and Providers.
Disclaimer of Liability
The Services are provided by nextesy with the customary care, expertise and professionalism. The liability of nextesy is limited to intent and gross negligence; liability for slight negligence is excluded.
The liability of nextesy is limited to the direct damage caused by intentional or grossly negligent breach of duty. Liability for consequential damages, indirect damages and lost profits is expressly excluded.
nextesy is not liable for breaches of duty based on acts or omissions of the user, in particular if the user does not comply with their cooperation and other duties. The user indemnifies nextesy from any liability towards third parties arising from acts or omissions of the user in connection with the Services.
Claims of the user against the service provider expire within twelve months after becoming aware of the damage, at the latest however after three years from the time of the damaging act or breach of duty.
nextesy uses the customary care to ensure that the content on the Platform is correct. However, nextesy cannot provide any warranty regarding the completeness, quality of content and reliability of the data.
The user may only use the Platform lawfully. For content that the user stores, processes or makes accessible to third parties using the Platform, the user is solely responsible.
nextesy has no duty to monitor or check the data and content transmitted to nextesy. Screening of content does not take place systematically. If nextesy determines that a user is transmitting inadmissible content to nextesy, nextesy can block the user's access to the Platform at any time.
Obligations of the Users
The users undertake to provide truthful information. The transmitted data must be truthful and current. nextesy assumes no warranty to anyone regarding user details and excludes any liability as well as potential resulting consequences.
The user is responsible for keeping their password and other login data confidential and is liable for all activities that take place using their account.
The user understands and accepts that nextesy may, at its own discretion, review all content transmitted by the user to nextesy, in whole or in part, and/or delete it temporarily as well as permanently, in particular if it violates these GTC in nextesy's opinion.
The following content in particular violates these GTC:
offensive, threatening or defamatory content towards any persons;
illegal content;
immoral content (pornography, depictions of violence, etc.); and
content that violates the rights or security of third parties in any other way.
Granting of Permissions to nextesy
In connection with the transmission of their data, users grant nextesy the permission to host, store, use, modify, copy, display the content created and shared by the users and to transfer this to subcontractors abroad if this is necessary for the execution of the Services. Furthermore, users grant nextesy permission to use the transmitted data for the development of processes and for training their own systems (e.g. automated processes and self-learning programs).
The content and processes developed based on user data are the intellectual property of nextesy. The intellectual property in the unchanged transmitted data itself remains with the user or the respective authors. [Users can object to the use of data for the development of processes and for training the systems of nextesy by declaring an opt-out.]
Communications
nextesy may communicate via post, telephone and other electronic channels (such as video and audio channels, email etc.) to the addresses of the users used or specified or known to nextesy. nextesy applies the customary business diligence when communicating with users. The time of sending is deemed to be the date of the copies or shipping lists available to nextesy.
Electronic communications are deemed to be delivered as soon as they can be called up for the first time by the user (i.e. enter their sphere of control). Communications intercepted by the spam filter are also deemed to be delivered. Users undertake to configure their spam filters in such a way that communications from nextesy are not blocked and to check the spam folder regularly.
Copyright
All content provided by nextesy, as well as the Services and the codes and mechanisms underlying this content, are protected by copyright.
Data Protection
For the processing of personal data by nextesy, the privacy policy applies: Link.
The user guarantees that they have lawfully obtained all data transmitted to nextesy (irrespective of whether this concerns the user and their bodies or employees or third parties) and may lawfully process it. They further warrant that – if necessary – the persons concerned within the meaning of the Data Protection Act have expressly consented to the processing of the data by nextesy.
The user, as the controller of the data transmitted by them, bears full civil, data protection and criminal responsibility for lawful processing in accordance with the Data Protection Act.
Partial Invalidity
Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision. The same applies to any regulatory gaps.
Relationship to the Individual Contracts, Contradictions
The Individual Contracts concluded for the procurement of Services are supplemented by these GTC. In the event of an irreconcilable conflict between one or more Individual Contracts, the provision(s) from the Individual Contracts shall take precedence over the GTC.
In the event of an irreconcilable conflict between separate Individual Contracts, the provision of that Individual Contract which is more favourable for nextesy shall take precedence. nextesy can determine this at its own discretion.
Applicable Law, Place of Jurisdiction
Swiss law, to the exclusion of the conflict of law rules of private international law, shall apply to these GTC and all Individual Contracts.
The exclusive place of jurisdiction for all disputes arising from this contract is 8000 Zurich.
nextesy's Right to Unilateral Amendment at Any Time
nextesy reserves the right to adapt the GTC at any time without notice, and will inform users of this in an appropriate form (in particular by email). Users are given a reasonable objection period of 30 days within which they can object to changes by terminating the GTC or Individual Contracts with nextesy.
