GENERAL TERMS AND CONDITIONS (GTC)
- Scope of application
1.1 These general conditions apply to all orders placed on the website www.mycerty.ch or directly with Digital & Human Resources Sàrl, Grand’Rue 54A, 1196 Gland, [email protected], hereinafter referred to as MyCerty.
1.2 These general terms and conditions of sale are considered to be accepted as soon as the customer places an order.
2.1 MyCerty automates the creation of individual work certificates for companies. A dedicated process and workflow, text modules and intuitive handling allow customers to create work certificates very quickly.
2.2 The purpose of the General Terms and Conditions is the use of the services MyCerty makes available to customers via our web application https://secured.mycerty.ch/home. Use of the corresponding services constitutes acceptance of these GTC. When using the various MyCerty services, the customer may be asked to reconfirm his or her acceptance of the GTC by clicking on the corresponding field.
3.1 The conditions apply for all services for all services offered by Digital & Human Resources Sàrl.
MyCerty reserves the right to modify or terminate the service offer at any time and without prior notice.
3.2 If the customer is not satisfied with the work certificates delivered, he can contact the MyCerty team by e-mail at: [email protected]. Hidden defects must be reported, in writing, to the MyCerty team within five (5) working days of discovery.
4.1 The prices listed on our website www.mycerty.ch are exclusive of VAT and are in Swiss francs (CHF).
4.2 The prices include :
- Initial configuration of our platform
- The ability to generate 1 work certificate for each license ordered
- An unlimited number of users
- The cloud hosting services of the platform, which is delivered under of Software as a Service model
- Access to our customer support service via e-mail
- Access to the regular upgrades of the platform, made available by MyCerty to all its customers
4.3 Prices exclude (not limited to this list) integration with customer’s HR information system, custom developments or custom changes to our SaaS infrastructure or architecture. Some specific requests can be considered but they will be subject to a specific quotations of implementation and potential running costs.
4.4 MyCerty reserves the right to modify its prices at any time. For the customer, the prices in force are those indicated on www.mycerty.ch at the time of the order.
- Delivery and terms of payment
5.1 Delivery and invoicing are carried out electronically, to the e-mail address given by the customer when ordering.
5.2 Customers pay by invoice.
5.3 The term of payment on invoice is 30 days from the invoice date. In the event of non-payment, access to the online solutions will be blocked until the amount due has been paid.
MyCerty is authorised to invoice the non-paying customer for expenses related to reminders. The right to take legal action is reserved.
5.4 Licenses are activated on invoice date and will be valid for a period of 12 months, starting from the invoice date. Unused licenses will be deactivated with no refund.
5.5 Every started certificate will consume one license, even if the end-to-end process is not completed. If a certificate was mistakenly created, customers can ask for its cancellation by contacting our support team by e-mail. Cancellation will not be accepted if the employee data entry step has been completed.
5.5 Disputed work certificates do not entitle the customer to refuse payment.
5.6 Offsetting of claims of the customer that are not recognised or legally established is excluded.
5.7 The customer may only exercise a right of retention if his claims are based on the same contractual relationship.
6.1 The content and structure of the work certificates as well as the entire MyCerty online platform (its design, user interface, workflow, source code) are protected by copyright and are the exclusive intellectual property of Digital & Human Resources SàRL. Reproduction in whole or in part, distribution by electronic or other means, modification, networking or use for commercial or public purposes (in particular integration in an Internet site, on an intranet, internal or external distribution) require the prior written consent of MyCerty.
- Warranty / Liability
7.1 MyCerty guarantees that the services to be provided are carried out with care and quality as well as within the agreed deadlines. If the customer is not satisfied with the service, he must inform MyCerty in writing by e-mail to [email protected], within five (5) working days from the time of discovery.
7.2 The customer acknowledges that MyCerty’s services are provided via the Internet or communication networks. Technical faults, malfunctions and disturbances or breakdowns in the communication networks may cause temporary interruption or disruption to the IT infrastructure or other parts of the infrastructure used by MyCerty.
MyCerty is not liable for the consequences of such limitations or interruptions of services or the non-availability of the www.mycerty.ch website and the MyCerty digital platform. MyCerty therefore does not guarantee the uninterrupted availability and accuracy of its services.
7.3 Claims for defects that may give rise to liability claims must be addressed in writing to Digital & Human Resources Sàrl, Grand’Rue 54A, 1196 Gland.
7.4 MyCerty reserves the right to decide to remedy the defect by rectification of the defect.
7.5 MyCerty is only liable for direct damage in connection with the provision of clearly defined services. The scope of liability is limited to the costs of compensation for damage.
- Passwords / Confidentiality
8.1 The customer undertakes to treat system access data and passwords for the products made available online as strictly confidential and with the utmost care. Should MyCerty discover that several users are using the same access data, it reserves the right to terminate the access authorization immediately.
- Changes to the GTC
9.1 MyCerty reserves the right to modify the GTC at any time and without prior notice. The customer will be informed of any substantial modification of the GTC in an appropriate form.
- Applicable law and extension of jurisdiction
10.1 These GTC form an integral part of any contract concluded with MyCerty concerning the use of its services.
10.2 Should one or more provisions of these GTC be or become invalid and/or incomplete, a legally valid provision will replace the invalid and/or incomplete provision that comes closest to the invalid and/or incomplete provision. The ineffectiveness and/or incompleteness of one provision does not affect the effectiveness of the other provisions.
10.3 The legal relationship between MyCerty and its customers is exclusively governed by Swiss law.
10.4 The competent court for cases of disputes arising from contracts between MyCerty and its clients is Lausanne.