Terms of Service

1. Acceptance of Terms

By accessing and using the services of Petatec Ltd ("Petatec", "we", "us"), you accept and agree to be bound by the provisions of this agreement. If you do not agree, please do not use the Services.

2. Description of Services

Petatec provides IT consulting, IT services, software development, AI solutions, international project management and IT recruitment (together, the "Services"). The scope and content of the Services may be supplemented, changed or discontinued at our discretion.

3. Registration and Account Security

When using Services that require registration, you undertake to:

• provide complete and accurate information,
• keep your information up to date,
• treat your access credentials as confidential, and
• notify us promptly of any unauthorised use.

4. User Obligations

• The Services are used solely for lawful purposes.
• You refrain from any action that could impair, disable or damage our systems.
• You do not attempt to gain unauthorised access to any part of the Services.
• You do not transmit malware or unlawful content.
• You respect the intellectual property rights of third parties and of Petatec.

5. Intellectual Property

The content, trade marks and features of the Services are and remain the property of Petatec Ltd and its licensors. They are protected by copyright, trade mark and other laws across several jurisdictions. Any use without our express written consent is prohibited.

6. Service Level Agreements

For commissioned Services, specific SLAs are set out in the relevant contract. These define:

• response and resolution times for support requests,
• availability commitments,
• performance and quality metrics, and
• the consequences of non-compliance.

7. Fees and Payment

• Fees are agreed specifically in the relevant contract.
• Invoices are due within 30 days without deduction unless otherwise agreed.
• In the event of late payment, default interest is payable under applicable law.
• We reserve the right to suspend the Services in the event of non-payment.
• All amounts are exclusive of applicable statutory taxes.

8. Confidentiality

Both parties undertake to keep confidential any confidential information arising from the business relationship. This obligation continues beyond the end of the engagement.

9. Data Protection

Personal data is processed in accordance with the applicable data protection laws (in particular the UK GDPR, the EU GDPR and the Swiss FADP). For details, please see our Privacy Policy.

10. Limitation of Liability

These terms are addressed exclusively to businesses (B2B). The following limitations of liability apply only to slight negligence and only to the extent permitted by law.

• For slight negligence, Petatec is not liable for indirect damage, consequential loss or lost profit.
• Total liability is limited to the amount you paid for the Service giving rise to the claim.
• We do not warrant uninterrupted or error-free availability of the Services.
• We are liable for data loss only to the extent that you have made reasonable data backups.

Liability for intent and gross negligence, for the breach of material contractual obligations, and for damage arising from injury to life, body or health remains unaffected. Mandatory statutory liability (e.g. product liability) likewise remains unaffected.

11. Indemnification

You indemnify Petatec and its officers, employees and agents against third-party claims arising from your use of the Services, a breach of these terms, an infringement of third-party rights, or a breach of applicable law.

12. Termination

• The contractual relationship may be terminated by either party in accordance with the contractual notice periods.
• Termination for cause without notice is possible in the event of a serious breach of contract.
• Regulatory or statutory requirements may necessitate immediate termination.

On termination, we will make your data available to you in a common format, subject to any outstanding payment obligations.

13. Force Majeure

Neither party is liable for delays or performance failures caused by circumstances beyond its control (e.g. natural events, war, pandemics, strikes, or energy or supply shortages).

14. Warranty

Petatec performs the agreed Services with the care customary in the industry. Specific performance and quality commitments arise from the relevant individual contract and the associated SLAs (see clause 6).

Beyond these expressly agreed commitments, and to the extent permitted by law in a B2B relationship, no further characteristics of the Services are warranted. In particular, there is no automatic entitlement that:

• the Services meet your specific expectations beyond the contractually agreed requirements,
• the Services run uninterrupted or error-free outside agreed SLAs, or
• use of the Services produces results of any particular accuracy or reliability.

Mandatory statutory warranty rights and the liability cases referred to in clause 10 remain unaffected.

15. Changes to these Terms

We reserve the right to amend these terms at any time. Material changes will be communicated in good time by:

• publishing the new version on this page,
• updating the effective date above, and
• notifying registered users by email.

Continued use of the Services after a change constitutes acceptance of the new version.

16. Governing Law and Jurisdiction

For contracts with Petatec Ltd (UK): The law of England and Wales applies, excluding its conflict-of-law provisions. The courts of England and Wales have exclusive jurisdiction over disputes arising from or in connection with these terms.

For contracts with Petatec GmbH (Switzerland): Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law provisions. The exclusive place of jurisdiction is the registered seat of Petatec GmbH in Altendorf SZ, to the extent permitted by law.

Mandatory statutory and consumer-protection provisions at the customer's place of residence remain unaffected.

17. Severability

Should any provision of these terms be invalid or unenforceable, the validity of the remaining provisions remains unaffected. It shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.

18. Entire Agreement

These terms, together with the Privacy Policy and any service-specific contracts, constitute the entire agreement between you and Petatec regarding the use of the Services and supersede any prior arrangements in this respect.

19. Assignment

You may not transfer any rights or obligations under these terms without our prior written consent. Petatec is entitled to transfer rights and obligations without consent to affiliated companies or as part of a restructuring.