Terms and Conditions of Use
: Mon Entreprise Durable
1. Services provided
The “Mon Entreprise Durable” app (hereinafter: “the app”) helps its users (hereinafter: “the Customer”) implement best practices in sustainability within their businesses, based on the ISO 26000 standard.
The app offers the following services, among others:
- a step-by-step action plan
- document templates
- a “badge” system that lets you track your progress
- a digital safe for storing customer documents, hosted in Switzerland
- a public page containing all the results and enabling customers to show their progress in the course to the partners of their choice
The app is available on the website: www.monentreprisedurable.ch
2. Scope of these terms and conditions
These General Terms and Conditions of Use and Service (hereinafter: “General Terms and Conditions”) apply to all services provided through the Application. The company “Getting Digit Sàrl” (hereinafter: “the Company”) (IDE: CHE-409.796.465), located at Bd James-Fazy 8, Canton of Geneva, Switzerland, is the owner and operator of the Application. These Terms and Conditions apply to all services performed or ordered from the Company through the Application. By entering into a contract with the Company through the Application, the Customer acknowledges that they are bound by these Terms and Conditions, which they declare to have read and understood.
If a contract is entered into with a third-party partner of the Company or if a service provided by a third party (e.g., Stripe) is used, the Customer agrees to review and accept the General Terms and Conditions and/or specific contractual terms of that third party. The Company shall not be held liable for any contractual relationships between the Customer and a third party or for any failures in their services.
If the Customer does not agree with these Terms and Conditions, the Customer agrees to exit the Application and refrain from using the services it offers. The same applies to the terms and conditions and services offered by third-party partners.
The Company reserves the right, at its sole discretion, to modify these Terms and Conditions at any time. It is the Customer’s responsibility to review them regularly to stay informed of any changes. The Terms and Conditions in effect at the time the Customer enters into the contract shall apply, unless the Customer has expressly agreed in writing to other provisions.
3. Contract conclusion
The contract is concluded when the customer accepts the offer made by the company through the app.
4. prices
The app is free during a 30 (thirty)-day trial period with no obligation.
After this period, fees are billed on a 1 (one) month subscription basis.
The following rates apply:
- 1 user subscription: CHF 99.00/month
- 1-3 user subscription: CHF 149/month
- unlimited user subscription: CHF 199/month
SPECIAL RATES
- 1 to 2 employees: CHF 49/month
- 3 to 10 employees: CHF 69/month
The App also offers the option to purchase additional services (individual coaching, document review) to assist the Customer with non-standard requests. In such cases, prices will be billed on a case-by-case basis, depending on the Customer’s needs.
The Company reserves the right to change its prices at any time. Unless otherwise agreed, all prices are listed in Swiss francs (CHF).
The prices listed include all taxes (including tax), including any additional amounts related to value-added tax (VAT), where applicable.
5. Payment
The Company offers the Customer the following payment options: payment by credit card through the STRIPE system.
Generally, the subscription fee and/or the purchase price must be paid in full by the customer upon conclusion of the contract. The Company will perform the services ordered as soon as the purchase price is paid. In certain cases, the Company may, at its sole discretion, issue an invoice to the Customer and perform its services before the subscription fee or purchase price has been paid.
The Customer agrees to pay the subscription fee or invoice within 15 (fifteen) days of the contract’s execution. If the subscription fee is not paid or if the invoice is not settled within the aforementioned period, the Customer will be notified, and their user account will be suspended. Consequently, the Customer will not be able to use the Application’s services until the amount in question has been paid.
The Customer will automatically be in default if it still fails to pay the invoice within the additional time period that has been set for it. Upon receipt of the notice of default, the Customer agrees to pay late payment interest at a rate of 5% (five percent).
The company reserves the right to require an advance payment at any time and without providing a reason.
The Customer may not offset any claim against the amount of the invoice it owes to the Company.
The Company reserves the right to refuse to provide a service in the event of a late payment.
6. minimum age
The use of the Application and the services offered are not subject to any age limit.
7. Customer's obligations
The Client is required to take all necessary measures as soon as possible to enable the Company to provide its services. The Client must take all such measures at the agreed-upon location, time, and in the agreed-upon manner. Depending on the circumstances, the Client will also be required to provide the Company with all necessary information and documents.
The customer expressly agrees to:
- Use the app strictly for personal purposes, for your own organization, or for yourself.
- Keep your password and account information confidential and do not share them with third parties to prevent unauthorized access (the app allows you to create multiple users on a single account);
- You may not reproduce, either temporarily or permanently, all or part of the elements available on the application—including content and/or features—regardless of the purpose or method of distribution;
- Do not use programs or other systems that may cause disruptions to the Application or interfere with its use;
- You may not sell, rent, sublicense, or distribute the content of the Application to third parties in any way.
The Customer expressly agrees to the following:
- To provide certain personal data in order to use the Application (last name, first name, email address, organization address, phone number, number of employees, IP address, etc.). For more information on this subject, the Customer may refer to the Company’s Privacy Policy;
- To receive practical information, advertisements or promotional offers, newsletters, and automated emails (note: the user may unsubscribe from the list of recipients of this information at any time, free of charge).
8. provision of website and necessary equipment
To use the app, the customer must have the following items:
- A computer (PC, Mac, etc.) that can access the application
- Internet access.
The app is not available on mobile devices.
The app is generally available 24 hours a day, 7 days a week, except during maintenance, technical issues, or in cases of force majeure. Maintenance may be performed without prior notice to the customer.
Under no circumstances shall the Company be held liable for any inability to access the Application, any failure of services provided by third parties (e.g., Infomaniak hosting), or any damages for any reason whatsoever.
9. Company's obligation
9.1. Provision of services
Unless otherwise agreed, the company fulfills its obligations by providing the agreed-upon service in accordance with the offer submitted through the app.
Unless otherwise provided, the place of performance shall be the Company’s registered office.
9.2. Deadlines
Given the services offered by the Company, the timeframes within which these services will be provided will be indicated separately on the App for each service. Generally, the timeframe is a few minutes once a subscription is purchased.
9.3. Major forces
If the Company, its suppliers, or authorized third parties are unable to fulfill their obligations within the specified timeframes due to force majeure—such as a natural disaster, earthquake, volcanic eruption, an avalanche, inclement weather, a thunderstorm, a storm, war, political or social unrest, civil war, revolution, and insurrection, terrorism, sabotage, strikes, or nuclear accidents or damage to nuclear reactors, then the Company is released from its obligation to perform its services during such events of force majeure as well as for a reasonable period following the end of such events. If the force majeure event lasts for more than 30 (thirty) days, the Company is entitled to terminate the contract. The Company must then fully refund any amounts already paid by the Client.
All other claims, in particular those relating to claims for damages arising from a force majeure event, are excluded.
9.4. Auxiliaries
The Company expressly reserves the right to engage third parties to fulfill its contractual obligations.
10. cancellation of the order
Once a subscription or contract has been entered into, the full price is due even if the Customer terminates the contract and does not use the Application’s services.
For example, if a contract is entered into for a term of 1 (one) month, the fee is due for the entire month even if the contract is terminated before the end of that month.
The Customer has a 30 (thirty)-day free, no-obligation trial period, which will allow them to get a good idea of the Application’s usefulness before signing up for a subscription.
11. warranty
With regard to the services offered by the Company (including marketing services), these are provided without any warranty whatsoever. The Company is not in a position to promise any specific results.
12. liability
The Company disclaims all liability in connection with the services it provides, as well as those provided by its agents. This limitation of liability does not apply in cases of fraud or gross negligence. Any liability on the part of the agents is excluded to the extent permitted by law.
The Customer acknowledges that the Company cannot be held liable for services provided by a third party (e.g., Infomaniak) and that any claims must be directed directly against such third parties, excluding the Company from any liability.
Any liability for indirect or consequential damages is also excluded.
The information provided by the Application is for informational purposes only, and the Company shall not be held liable under any circumstances. The information may be modified or updated without notice. The Company shall not be held liable under any circumstances for any omissions and/or errors that the Application may contain.
By using the Application, the Customer assumes all negative consequences that may arise from such use. It is the Customer’s responsibility to take all appropriate measures to protect their own data and/or software stored on their devices (computers, etc.) against any harm (malfunction, viruses, hacking, among others) and to perform regular backups of their data.
The Customer is required to immediately notify the Company of any damage.
13. intellectual property rights
The Company holds all rights to the services it offers.
Neither these Terms and Conditions nor the related individual agreements address the transfer of intellectual property rights, unless expressly provided for.
Furthermore, any reuse, publication, or distribution of information, images, text, or any other material that the Customer receives in connection with these provisions is prohibited, unless expressly authorized by the Company.
The Customer must ensure that it does not infringe any third-party intellectual property rights when using content, images, text, or graphic elements available on the Application.
The Customer must ensure that they do not infringe any intellectual property rights when using content, images, text, or graphic elements in connection with the Application. All rights of reproduction and display are reserved, including for downloadable documents. All text, graphics, icons, photographs, diagrams, logos, videos, sounds, trademarks, and, more generally, all elements comprising the Application may not be represented, reproduced, exploited, or extracted, in whole or in part, on any medium whatsoever, without the Company’s express prior authorization. The Company may allow certain content to be shared provided that the sources are expressly cited and that such sharing is done for non-commercial purposes.
14. Data protection
The Company must process and use the data collected at the time the contract is concluded in order to fulfill its contractual obligations. The Company takes all necessary measures to ensure data protection in accordance with legal provisions. The Customer agrees that their data may be stored and used in accordance with the contract and is aware that the Company may disclose their data or that of third parties, including abroad (notably to the U.S.), particularly for storage purposes or in response to court orders or requests from authorities. Data necessary for the performance of the service may be transferred to service providers commissioned by the Company as well as to other third parties.
Data protection laws apply.
For more information on this subject, the Customer may refer to the Company’s Privacy Policy.
15. Hypertext links
The Application may contain hyperlinks to other websites (for example, websites of the Confederation, the Canton, etc.). The Customer visits these websites at his or her sole and full responsibility. The Company shall in no event be held liable for any damages resulting from the use of these websites or their content.
16. complete
These General Terms and Conditions supersede all prior agreements or provisions. Only the provisions set forth in individual contracts that specify these General Terms and Conditions shall take precedence over them.
17. saving clause
The validity of these General Terms and Conditions shall not be affected if any of its provisions or any of its appendices is or should be declared null and void. In such a case, the void or invalid provision shall be replaced by a valid provision that most closely approximates the intent of the void or invalid provision. The same applies in the event of any contractual gap.
18. confidentiality
The Client, the Company, and their respective affiliates agree to keep confidential all information that has been exchanged or obtained in connection with the services provided. The confidentiality obligation shall remain in effect even after the termination of the contract.
19. agents and distributors
The Customer acknowledges that any distributors or agents may operate independently of the Company and that any potential claims must therefore be directed against them directly. The Company disclaims all liability for any breaches of contract committed by any agents or distributors.
20. applicable law / place of jurisdiction
These Terms and Conditions are governed by Swiss law.
In the event of a dispute, the Customer and the Company agree to undergo mediation with a professional mediator. The purpose of this mediation process is to reach an amicable agreement in the best interests of both parties, taking into account economic, legal, personal, and social considerations.
If no amicable solution can be reached within three months, the mediation process ends.
If the mediation process fails, the courts located at the Company’s registered office shall have jurisdiction to resolve any dispute between the Company and the Customer, unless otherwise required by mandatory statutory provisions.
The Company is free to file a lawsuit at the Client’s registered office or domicile.
This contract constitutes an acknowledgment of debt within the meaning of Article 82 of the Federal Act on Debt Collection and Bankruptcy (LP).
The application of the United Nations Convention on Contracts for the International Sale of Goods (RS 0.221.211.1) is expressly excluded.
21. contact
If the Customer has any questions or would like more information, they may send an email to the following email address: [email protected]. We’ll be happy to get back to you!
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