NOLIOS International GmbH (LLC)
c/o Walser & Partner AG Zug
General terms and condition of NOLIOS International GmbH (LLC)
1. Scope of the application
These general terms and conditions apply to all areas of operation of NOLIOS International GmbH (LLC) (hereinafter referred to as “company”). The company provides creation, maintenance and management of digital medias (web design and development, corporate design, commercial design, and advertising campaigns).
Deviating general terms and conditions of the customer shall not become a contract component upon acceptance of the order.
The contract is entered only upon confirmation by the company of the agreement regarding the purchase of products and/ or services by the customer.
Furthermore, the contract is only formed when the customers avail themselves of the provided services and/ or order or purchase directly products from the online shop of the company.
Unless otherwise agreed upon, the technical specifications in the brochures and catalogues of the company are not binding. Data listed in the technical document are binding if and only if in the offer or in the respective technical documents the binding nature of these data is clearly stated.
In so far as not otherwise offered, all prices shall ne in Swiss franc (CHF). All prices are quoted excluding any possible applicable Value Added Tax (VAT). From the prices are excluded any other possible arising taxes and are inclusive only of the agreed upon services offered to the customer. The company reserves the right to modify the prices at any time. Only the applicable prices in accordance with the customer’s offer at the time of the acceptance of the contract are valid.
The customer is obliged to pay the total amount invoiced within the deadline indicated on the invoice. If the invoice is not paid within the above-mentioned deadline for payment, the customer will be sent an overdue notice. If the payment is not settled within the scheduled period of notice, the customer shall automatically be in default. Should the company offer products on its online platform for purchase, rental or any other use, it is entitled to request payment through electronic means during the order process (credit cards, PayPal or other payment systems) Every product (websites, designs, etc.) are properties of the company until the customer has settled all outstanding invoices.
5. Obligations of the company
5.1. Delivery / Date of delivery
The delivery shall proceed in accordance with the conditions which were set in the contract. If no conditions are set in the contract, the minimum delivery time is 3 full business days and is dependent on complexity and available resources.
5.2. Provision of services
Insofar as no other agreement has been made, the company fulfills its obligation through the proper performance of the agreed upon services. Insofar as no other terms have been agreed upon, the place of performance shall be the company’s registered address.
6. Obligations of the customer
The customer shall be obliged to perform promptly all acts which are necessary for the company to perform the agreed upon services. The customer shall perform the acts in the agreed upon location at the agreed upon time and in the agreed upon conditions. Depending on the circumstances it shall include the delivery of all necessary information and documents for the company.
Both parties retain the right to rescind the contract at any time they deem appropriate. The already transacted expenses must be paid in full by the other party. A rescission at inopportune times is not allowed and any and all rights to assert damage claims remain intact.
All exchanges are excluded.
The legally required warranty provisions apply. Any and all defects shall be notified promptly to the company. The company retains the right to determine if the defective products shall be repaired or replaced. If and only if a replacement or a reparation is not possible, the customer shall be entitled to a reduction or refund of the purchase price. Any claim of refund is expressly precluded in case of repairs made by third parties. During the time of repair, the customer has no claim to a replacement product. In case of a replacement, all the products that were delivered by the company shall be returned.
The company accepts no liability for any and all indirect and consequential damages.
The liability for direct damages is limited to 100 CHF. The limitation of liability does not apply for direct damages which are caused by gross negligence or willful misconduct. The customer is under obligation to notify the company of any and all damages. Any and all liabilities for auxiliary parties are excluded in its entirety.
The customer shall treat any and all not publicly available information concerning the products with confidentiality. In particular, the customer shall not disclose any such information (including the product documentation and the operating instructions) to third parties. Should the customers have allowed co-workers, business partners, and other third parties to gain access to confidential information, they must ensure the obligations to maintain confidentiality.
Should one of the parties breach any provisions regarding confidentiality, it shall owe the other party a contractual penalty in the amount of CHF 1000 for each contractual breach. The payment of the contractual penalty does not absolve the party in breach of contract from the fulfillment of its contractual duties. In particular, the party damaged by the contractual breach retains the right to demand at any time the removal of the conditions contrary to the terms of the agreement.
12. Intellectual property
All industrial property rights (patents, registered trademarks, any rights in realtion to design and layout, other design rights, etc.) and copyrights concerning the delivered products and the documentation remain exclusive property of the company. The customer does not acquire any of such rights through the purchase of the products.
The customer will be provided for the delivered software which are installed in the delivered products or delivered together with such products with a license. The license is limited to the duration of the contract.
The customer shall commit not to transfer to third parties the rights and obligations associated with the products and services delivered without previous formal written authorization of the company. The company retains the right to sub-contract out to third parties the performance of the agreed upon services.
14. Data usage
The company may process and use recorded data as foreseen by the conditions of the contract for the fulfillment of the obligation stipulated in the contract. The company shall undertake all necessary measures to secure the data in accordance with legal requirements. The customers shall declare their complete consent to the storage and the contractually stipulated processing of their data by the company and they additionally declare to be aware that the company is obliged to comply with the regulations set forth by administrative and judicial authorities, and retains the right to disclose information about the customers to such authorities or third parties. Should the customer not expressly prohibit it, the company may use the data for marketing purposes. For more details, please see the separate data protection statement.
The company may choose to modify these general terms and conditions at any time it deems necessary. The new version shall be enforceable as soon as it is published on the website of the company.
The current general terms and conditions have priority over all older provisions and contracts. Only provisions from specific contracts, which still specify the provisions of the general terms and conditions, have priority over these general terms and conditions.
17. Severability Clause
Should a provision of this contract or an enclosure to this contract be or become invalid, the enforceability of the remainder of the contract shall not be affected. The contractual parties shall replace the ineffective provision with a valid provision, which comes as close as possible to the intended meaning and purpose of the invalid provision. The same shall apply for any possible contractual gaps.
18. Applicable law / Jurisdiction
The contractual relationship from these general terms and conditions is subject to Swiss law. Insofar as no other mandatory legal provisions take precedence, the court of competent jurisdiction of the company shall be responsible. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
NOLIOS International GmbH (LLC) is the operator of the website https://nolios.com/ and provider of the services offered in said website. Hence, NOLIOS International GmbH (LLC) is responsible for the collection, processing and use of your data and has to ensure compliance with Swiss law. Here you will find information on what kind of data is collected and used on https://nolios.com/. You will also learn how you can verify the correctness of such data and have it deleted by us. Please note that this privacy statement may be changed from time to time. Therefore, we recommend reading this Privacy Statement on a regular basis to make sure that the most recent version is always known to you.
2. Legal Basis
Preparation and fulfillment of a contract
Unless specified otherwise, NOLIOS International GmbH (LLC) collects and uses personal data as part of the preparation and fulfillment of the contracts concluded with the individual party concerned. This also applies to processing procedures required to carry out pre-contractual measures. The basis for this is, therefore, article 6 para. 1 lit. b) GDPR. If you refuse to provide the personal data required for this purpose, the services of NOLIOS International GmbH (LLC) may only be available to you to a limited extent or may not be available at all.
Furthermore, it is possible that NOLIOS International GmbH (LLC) may be subject to legal obligations (e.g. with respect to the provision of services for storing payment methods) that require personal data be collected and used.
Article 6 para. 1 lit. f GDPR is the legal basis for processing if the processing is necessary to protect a legitimate interest of NOLIOS International GmbH (LLC) or a third party and if the interests, basic rights and basic freedoms of the party concerned do not outweigh the former interest.
If none of the aforementioned conditions is applicable, NOLIOS International GmbH (LLC) shall collect and use personal data only after prior consent by the party concerned.
3. Data Deletion and Storage Duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. This means that, for example, personal data that was collected for the purposes of preparation and fulfillment of a contract will be deleted after the contract has ended.
In addition, storage may occur if this was provided for by European or national legislators in EU regulations, laws or other regulations for which the responsible party is subjected. A blocking or deletion of data then also occurs if a storage term prescribed by the standards mentioned expires, unless it is necessary to continue storing the data for a contract conclusion or to fulfill a contract.
4. Data Transmission in Switzerland
The responsible party is headquartered in Switzerland. That is why the processing of the collected personal data (also) occurs in Switzerland according to the adequacy decision of the European Commission no.2000/518/EG.
5. Collection, Use, and Processing of Personal and Corporate Data
Whenever you visit the website https://nolios.com/ certain data is automatically stored, for system administration, for statistical or security purposes. This data includes:
In some circumstances, such data can be used to infer information on certain visitors. No personal data is used in this context, however. Such data are used only in anonymous form.
By registering as a user and entering your data on the website, you are acknowledging that the data you entered will be used for purposes related to service provision only. In addition, you agree that your data may be used for advertising purposes / activities. If you do not agree with the use of your personal data for advertising purposes, you may decline such use by sending an e-mail to firstname.lastname@example.org.
6. Data disclosure to Third Parties
Insofar as it may be necessary for order processing, your data will be shared with our partners (third parties). If your data is shared with external service providers, technical and organizational measures will be taken to make sure that such data sharing is compliant with applicable data protection laws. If you provide us with any personal or corporate data on your own, we will not use, process or disclose such data beyond the extent permitted by law or your consent.
In addition, we will share your data with external service providers only if this is necessary for order processing and such partners have agreed to comply with applicable confidentiality and due diligence regulations. Furthermore, we will disclose your data only if obliged to do so under applicable laws or so ordered by an administrative or judicial authority.
7. Inquiry, deletion, and correction
Users as data subjects have the following rights vis-à-vis the data responsible:
They can demand from the data responsible a confirmation if their personal data was processed by us.
If such processing has taken place, you can request the following information from the responsible:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal data about you has been or will be disclosed;
(4) the planned duration of the storage of your personal data or, if specific information about this cannot be provided, criteria for determining the storage period;
(5) the existence of a right of rectification or deletion of your personal data, of a right to the restriction of processing by the data controller, or of a right to objection to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information about the origin of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject. It should be emphasized here that, NOLIOS International GmbH (LLC) does not implement any such automated decision-making processes.
You have the right to request information as to whether your personal data is transferred to a third country or to an international organization.
Right to rectification
You have a right to rectification and/or completion vis-à-vis the data responsible if the personal data processed concerning you is incorrect or incomplete. The data responsible must make the correction without delay.
Right to limitation of processing
You may request that the processing of personal data concerning you be restricted under the following circumstances:
(1) if you dispute the accuracy of your personal data for a period of time that enables the data controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you refuse the deletion of the personal data and instead request that the use of the personal data be restricted;
(3) the data controller no longer needs the personal data for the purposes of processing, but you do need it to assert, exercise, or defend legal claims, or
(4) if you have filed an objection to the processing, and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.
If the processing of your personal data has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising, or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the European Union or a member state.
If the processing restriction has been restricted according to the above conditions, you will be informed by the data responsible before the restriction is lifted.
Right to deletion
You may request the data responsible to delete your personal data without delay and he/she is obliged to delete this data without delay if one of the following reasons applies:
(1) Your personal data is no longer required for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent, on which the processing was based and there is no other legal basis for the processing.
(3) You file an objection against the processing and there are no overriding legitimate reasons for the processing, or you file an objection against the processing.
(4) Your personal data has been processed unlawfully.
(5) The deletion of your personal data is required to fulfill a legal obligation under European Union law or the law of the member states to which the data controller is subject.
If the data responsible has made your personal data public and is obliged to delete it , he/she shall take appropriate measures, including any and all technical measures, taking into account the available technology and the implementation costs, to inform those who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
The right to deletion does not exist insofar as the processing is necessary
(1) for exercising freedom of expression and information;
(2) to fulfill a legal obligation required for processing under the law of the European Union or of member states to which the data controller is subject or to carry out a task in the public interest or in the exercise of official authority capacity conferred to the data controller;
(3) for reasons of public interest in the area of public health;
(4) to assert, exercise, or defend legal claims.
Right to be informed
If you have exercised your right to have the data responsible correct, delete, or restrict data processing, he/she is obliged to inform all recipients to whom your personal data has been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed by the data responsible about such recipients.
Right to data transferability
You have the right to receive such personal data as relates to you which you provided to the data responsible in a structured, common, and machine-readable format. In addition, you have the right to pass this data on to another data responsible without obstruction by the data responsible to whom the personal data was made available, provided that:
(1) processing is based on consent or on the negotiation or fulfillment of a contract and
(2) processing is carried out using automated methods.
In exercising this right, you also have the right to request that your personal data be transferred directly from one data responsible to another data responsible, insofar as it is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data transferability shall not apply to the processing of personal data required for the performance of a task in the public interest or in the exercise of an official authorization capacity conferred to the data responsible.
Right of objection
You have the right to file an objection at any time, for reasons arising from your particular situation, to the processing of your personal data; this also applies to profiling based on these provisions.
The data responsible shall no longer processes your personal data unless he/she can prove compelling and legitimate grounds for processing, which outweigh your interests, rights, and freedoms or the processing serves to assert, exercise, or defend legal claims.
If your personal data is processed for direct marketing purposes, you have the right to file an objection at any time to the processing of your personal data for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You have the option to exercise your right of objection in connection with the use of information society services by means of automated processes using technical specifications.
Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of processing carried out on the basis of the consent until revocation.
Right to appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the member state where you reside, your place of work, or the location of the suspected infringement, if you believe that the processing of your personal data is contrary to the regulatory legislation.
The supervisory authority, to whom the complaint was sent, must inform the complainant as to the status and result of their complaint, including the possibility of pursuing a legal procedure.
8. Data security
We will keep your data safe and therefore take all appropriate measures to protect it against loss, unauthorized access, abuse or any changes whatsoever. Our staff members and business partners who may have access to your data will be contractually obliged to keep such data confidential and comply with applicable data protection laws. In some cases, we will need to forward your requests to our affiliates. Also, in these cases, your data will be handled with confidentiality.
To help you experience our websites we use so-called cookies. “Cookies” are small pieces of information needed for the use of our website that your browser stores on the hard disk of your computer. The information contained in the cookies help us control your visiting session, in particular in order to improve your navigation and make our website highly user-friendly. The cookies we use do not record any personal information whatsoever. In most web browsers cookies are accepted automatically. You can prevent it by configuring your browser. You can at any time delete cookies stored on your computer by clearing the temporary Internet data (Tools/Internet Options bar). If you disable the cookies, you may be unable to use all the functionalities of our portal. Here you will find the instructions on how to delete the cookies in Internet Explorer
https://support.microsoft.com/en-us/help/278835/how-to-delete-cookie-files-in-internet-explorer und Mozillahttps://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox.
10. Google Analytics
This website uses Google Analytics, a web analysis service from Google Inc. (‘Google’). Google Analytics uses so-called ‘cookies’, text files stored on the your computer to help analyze how you use the website. The information created by the cookie (browser type/release, operating system, referrer URL, previously visited websites, IP address, server request time) concerning the usage of this website is usually sent to a Google server in the USA, where it will be stored. However, if you enable IP anonymization on our website, Google, in Member States of the European Union or any other states being party to the Agreement on the European Economic Area, will first truncate your IP address.
Only in exceptional cases, the full IP address will be sent to a Google server in the USA and truncated there. Google will use this information to analyze your usage of the website, generate website activity reports for website operators and provide other services related to the use of the website and the Internet. Google may also disclose such information to third parties provided that it is required to do so by applicable laws or it has outsourced data processing to a third party. The IP address sent by your browser under Google Analytics will not be merged with any other data already in Google’s possession.
You can prevent the installation of cookies by setting your browser accordingly. Please note, however, that in such an event you may not be able to fully use all the functionalities of this website. By using this website, you agree to Google processing the data it collects about you in the way and using the methods described above and for the purposes specified above. More information on the web analysis service used can be found on Google Analytics website. The instructions on how you can prevent your data from being processed by the web analysis service can be found onhttp://tools.google.com/dlpage/gaoptout?hl=de.
Our website includes plugins for the social network Facebook, Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. The Facebook plugins can be recognized by the Facebook logo or the Like button on our site. For an overview of Facebook plugins, seehttps://developers.facebook.com/docs/plugins/.
Functions of the Twitter service have been integrated into our website. These features are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. When you use Twitter and the “Retweet” function, the websites you visit are connected to your Twitter account and made known to other users. In doing so, data will also be transferred to Twitter. We would like to point out that, as the provider of these pages, we have no knowledge of the content of the data transmitted or how it will be used by Twitter. Your privacy preferences with Twitter can be modified in your account settings at https://twitter.com/privacy.
Our site uses functions from the LinkedIn network. The service is provided by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.
Our website uses plugins from the Google-operated site YouTube. The operator of that site is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. Whenever you visit one of our pages that has a YouTube plugin, a connection is established to the servers of YouTube. Thus, the YouTube server is informed which of our pages you have visited.
Should you still have queries about the type, scope, place, and purpose of the collection, processing and use of personal data, about the data protection regulations and about our services, or should you wish to use them without any sort of consent statement, please contact us directly at email@example.com. NOLIOS International GmbH (LLC) will be glad to answer any questions you may have, discuss any and all possible alternatives and disclose all necessary information.
You may reach our data protection responsible at
David Temperli, firstname.lastname@example.org
NOLIOS International GmbH (LLC), c/o Walser & Partner AG Zug, Bahnhofstrasse 11, 6300 Zug, Switzerland