These general terms and conditions of use apply to any service provided by agenda.ch sàrl (hereinafter agenda.ch).
agenda.ch is an Internet service that allows users to manage an online calendar. This service enables professionals to offer their patients/clients/members/students online appointment scheduling and management of a patient/client/member/student file. Except for a limited trial period or any other promotion, the use of agenda.ch services is subject to a fee. The customer pays for the use of the service for a specified duration, at the applicable rates. Other paid services may also be offered by agenda.ch. By "subscribed client" of agenda.ch, we mean the professional user of the site.
Any use of the site implies adherence to these general terms and conditions of use.
agenda.ch reserves the right to refuse any client who does not fall within its scope of expertise, is contrary to its interests, or contrary to good morals.
We do not allow the transmission or dissemination of any content of the following nature: defamatory, insulting, sexually explicit, obscene, offensive, threatening, violent or inciting any form of violence (physical, verbal or moral), discriminatory, racist, sexist, homophobic, or xenophobic, and more generally contrary to applicable laws.
The agenda.ch client undertakes to offer online services corresponding to real services and to honor appointments made online.
Billing is based on the rates in effect on the day the account is opened. The applicable rates are those published on the agenda.ch website or its commercial documents. The client pays for the service in advance, based on the chosen option: monthly, quarterly, or annually. When renewing the service, the client tacitly accepts the proposed rates. agenda.ch reserves the right to change its rates. In this case, changes will be communicated at least 30 days before they are applied. Price increases or decreases are not applicable to ongoing services. The performance of a service at an agreed price does not bind agenda.ch to perform a subsequent service under the same conditions.
The use of agenda.ch is without limitations on the number of services, appointments, and clients.
Each subscription includes one calendar. The use of additional calendars is billed separately according to the rate in effect on its commercial documents.
SMS messages are accounted for by period, and any excess over the quota included in the subscription is billed in the following period. In the case of an excessive number of SMS messages sent, agenda.ch reserves the right to terminate this contract and send an additional invoice.
agenda.ch subscriptions can be paid by credit card, Paypal, or PostFinance. All our invoices are payable within 30 days. In case of late payment, agenda.ch reserves the right to block the subscriber's calendar access.
The client is billed according to the chosen subscription type. After billing, the client cannot request a refund for the period in question.
Even in the case of early termination of the contract, the subscription remains due for the current billing period (monthly, quarterly, or annual).
UA subscription to agenda.ch is automatically renewable under the same conditions, month-to-month or year-to-year. Subscriptions have no minimum contract duration beyond the chosen billing period. If the subscriber does not wish to renew the subscription, they must inform agenda.ch by mail or email before the subscription's expiration date. In the case of payment by PostFinance or credit card, renewal is made by automatic debit using the securely stored data by our partner PostFinance. In the event of a renewal payment issue, agenda.ch will contact the client to inform them that the payment has not been received. If, following these contacts, payment is not received by agenda.ch within 15 days, agenda.ch reserves the right to block the subscriber's calendar access. If the rates or contract duration were to change, agenda.ch would submit a new offer to the subscriber.
As a "SaaS" IT solution provider, agenda.ch has implemented a proactive security and data processing policy to comply with Swiss laws and also to align with current European standards. As such, data on agenda.ch is hosted in Switzerland, accessible by encrypted password via SSL. Further details on our data protection policy can be found at https://agenda.ch/privacy. Since agenda.ch is a professional application used by clients to manage their appointments with their own clients, this data is not owned by agenda and is not used or processed by agenda.ch. Thus, beyond the application framework guaranteed by agenda, data processing by agenda.ch clients and compliance with related legislation is the responsibility of the client using agenda.ch.
agenda.ch commits to using all means at its disposal to ensure the best possible quality of service. However, agenda.ch cannot be held responsible for any malfunctions occurring on Internet and electrical networks. Likewise, agenda.ch cannot be held responsible for any possible data loss due to a client, an agenda.ch employee, or a third party. agenda.ch provides a computer tool and does not directly intervene in the appointment scheduling process. Thus, agenda.ch cannot be held responsible for any costs arising from an appointment made on its site, such as a person not showing up for their appointment or a change in the services provided. agenda.ch declines any responsibility for the use of the tool by its clients. The subscribed client is responsible for managing their personal password and access to their agenda.ch account. In case of suspected fraudulent use, agenda.ch advises the subscribed client to change their password. agenda.ch declines any responsibility in case of abusive, fraudulent, or contrary use to Swiss law, of the data by means of the subscribed client's access. If the client issues invoices using the tools provided by agenda.ch, the client remains responsible for the quality of the document issued, and this responsibility does not lie with agenda.ch. If agenda.ch's liability were to be held for poor performance of its service, the client could only claim damages and interest in the form of a reimbursement of a portion of the payments made. The reimbursement amount would be calculated after deducting the fixed costs of implementation and the elapsed subscription period. The resale of information and services offered by agenda.ch is strictly prohibited. Similarly, no service or information provided through agenda.ch may be transmitted to a third party, including the client database. Only the subscriber can use their account for their own use, whatever it may be.
Force majeure is any external, unforeseeable event beyond agenda.ch's control that prevents the normal performance of our services. In the event of force majeure, as usually recognized by jurisprudence, the obligations related to the ongoing order would be suspended for its duration. Moreover, agenda.ch reserves the right to terminate any contract at any time without providing a reason. In this case, agenda.ch undertakes to reimburse its client on a pro-rata basis.
agenda.ch may modify these general terms and conditions at any time. It is the client's responsibility to regularly check the current general terms and conditions. These general terms and conditions of sale are subject to Swiss law, regardless of the client's country. Any dispute concerning the interpretation of our orders or the performance of our services will, in the absence of an amicable agreement, be definitively settled by the competent courts of the Canton of Geneva.