These terms and conditions govern the contractual relationships between the client and Smart Multiservices Group. The terms and conditions apply to all agreements between the client and Smart Multiservices Group regarding the services and products offered by Smart Multiservices Group.
2. Entry into force, right of revocation, termination
Once the client has signed an agreement or has confirmed the purchase of services and / or products via the Internet, the corresponding agreement, into which these terms and conditions are incorporated, comes into force. Smart Multiservices Group reserves the right to cancel within 14 days any agreement entered into by an employee or agent of Smart Multiservices Group or any agreement entered into with the client via the Internet, without stating a reason and without compensation. If the client uses the services in a manner that is contrary to the agreement, illegal, or that violates morality, or if the client generates complaints by transmitting data of insufficient quality to Smart Multiservices Group, such as advertisement data, Smart Multiservices Group is entitled to terminate the contract immediately, without compensation, and to discontinue its services without prior notice to the client and without having to compensate it; in this case, any payment made in advance for a particular contractual term remains with Smart Multiservices Group and the client may not claim any reimbursement.
3. Right of access
Smart Multiservices Group shall provide the client access to the Smart Multiservices Group applications, which are the subject of the agreement between Smart Multiservices Group and the client, by means of user identification and a password. Smart Multiservices Group considers that the client will be the user of the user identification and password, regardless of whether that person actually holds the right of access.
4. Price and payment terms
Unless otherwise expressly agreed, calculation of the price is based on the current Smart Multiservices Group list price for the product. These price lists can be consulted on the Internet at any time through the corresponding applications. Smart Multiservices Group reserves the right to adjust prices according to market and / or price evolution. Unless otherwise expressly agreed, such price adjustments also apply to existing agreements. Unless otherwise expressly agreed, prices are net in Swiss francs including VAT.
5. Intellectual property rights
All copyrights and trademarks as well as know-how relating to the Smart Multiservices Group applications and online platforms belong exclusively to Smart Multiservices Group. To the extent where the use of the Smart Multiservices Group applications by the client under the agreement presupposes usage rights of copyright, trademarks and / or know-how owned by Smart Multiservices Group, these are granted by Smart Multiservices Group on a non-exclusive, non-transferable basis and to the extent required for the duration of the corresponding agreement. If it is agreed with Smart Multiservices Group that the client will use a third party application (see section 12), this paragraph shall also apply, by analogy, to that application. The rights granted to the client to use the applications and online platforms of Smart Multiservices Group and third-party applications (see section 12) are personal and not transferable. All documents relating to the object, photos and templates provided by Smart Multiservices Group on request of the client are property of the client.
6. Operation and development of the applications
The functioning and operation of the Smart Multiservices Group applications and online platforms are managed by Smart Multiservices Group. Smart Multiservices Group has the right to use third parties to perform the services it has undertaken to provide.
Smart Multiservices Group seeks to manage the applications and online platforms, avoiding disturbance as far as possible. It also seeks to limit the duration of interruptions for the repair of disruptions, maintenance work, the introduction of new technologies and other similar activities. Technical development is at the sole discretion of Smart Multiservices Group.
Third party applications (see section 12) are managed and operated by third parties. Technical development is at their discretion.
7. Protection of data / publication network
The client authorises Smart Multiservices Group to incorporate data under the agreement, such as data to be published online or to be printed in advertisements, including items relating to these, such as text, graphics, images, maps, etc. into the Smart Multiservices Group online platform as well as other online and offline services it owns or belonging to third parties. However, no right to publication in these media exists. Smart Multiservices Group has at any time the right to terminate, modify or cease publication entirely in the publication medium, for any reason whatsoever and without financial consequences. Similarly, Smart Multiservices Group reserves the right to use the published data for other purposes, either for itself or for third parties, for example to perform statistical analysis, or to publish it another way, and to save and treat it for that purpose. The client expressly declares acceptance of the direct and / or indirect transmission of the data necessary for the use of third party applications (see section 12) from the Smart Multiservices Group application to the application(s) of third parties and the safeguarding of such data in their data bank(s). The client expressly declares acceptance of the use of the data by third parties.
Smart Multiservices Group commits to respect the current provisions on data protection. Smart Multiservices Group cannot fully guarantee the confidentiality, genuineness and authenticity of client data published online. The client takes particular note of the fact that personal data can also be found in [text missing]
The Client acknowledges and agrees that Smart Multiservices Group gathers and records all client and related data where this is necessary for the proper conduct of the contractual relationship, including data on contacts and those relating to solvency.
8. Rights and obligations of the client
The client agrees to use the Smart Multiservices Group applications and those of third parties (see section 12) in accordance with law and the agreement. The client states in particular:
• that it will transmit all data sent to Smart Multiservices Group or third parties in the form and quality required by Smart Multiservices Group, under the insertion rules for the corresponding applications.
• that it is authorised to transmit directly or indirectly through third parties all data provided to Smart Multiservices Group or third parties, such as graphics, photos, videos, music, images, maps, texts, software and sounds and that it is authorised to use them under the contractual arrangements with Smart Multiservices Group.
• that the data transmitted to Smart Multiservices Group or third parties is complete and truthful and that it shall keep them constantly updated.
• that it accepts the corresponding usage conditions.
Smart Multiservices Group reserves the right to change or to not process the data transmitted by the client for technical reasons.
The client grants Smart Multiservices Group the exclusive right to use the data provided. The data cannot be used, taken or copied by third parties.
Even if the client authorises third parties, Smart Multiservices Group is not required to allow acquisition of the data in question. In the event that a third party sues Smart Multiservices Group for reasons relating to an agreement with the client or with data and / or advertising made available by the client, the client is required to make available to Smart Multiservices Group, upon first request of the latter, all documents and information that Smart Multiservices Group deems appropriate to discount the rights claimed by said person. In the event that Smart Multiservices Group is sued by a third party for reasons related to an agreement with the client or with data provided by the client, the client is obligated to intervene in the action after notice has been issued. The client is in any case obliged to take over all legal costs borne by Smart Multiservices Group in connection with such third-party rights, and to fully indemnify Smart Multiservices Group.
With regards to the works which are assessed according to the rules applicable to the business agreement, the only recourse of the client is to require that Smart Multiservices Group repair defects. Termination of the agreement and the reduction of price are excluded. To the extent permitted by law, Smart Multiservices Group excludes any liability for consequential damage caused by defects.
The client bears all risks that might arise through manipulation of its IT system, for malfunction of its IT system and / or misuse of access rights.
The client bears full responsibility for the content of the data it transmits to Smart Multiservices Group, such as online advertisements and print orders. Smart Multiservices Group disclaims any responsibility for the content provided by the client. Smart Multiservices Group offers no warranties for the products and services offered, or for any resulting agreements that may be entered into, such as sales agreements. This also applies to advertisements and print orders, entered by Smart Multiservices Group on request of the client.
Smart Multiservices Group is only liable in case of intentional or gross negligence. Smart Multiservices Group shall not under any circumstances respond for consequential damages and lost profits. If, despite the care taken, Smart Multiservices Group is not able to fulfil its contractual obligations due to force majeure such as natural disasters, armed conflicts, strike, unforeseen restrictions by the authorities, technical faults caused by third parties, the client has no right to demand execution of the contract while the event in question continues. Smart Multiservices Group is not liable for abuse committed by third parties on the Internet, or for resulting damages to the client. Smart Multiservices Group is not liable for security defects or third party telecommunications network and Internet faults, or for operating disruptions and disturbances of the applications and online platforms of Smart Multiservices Group and third parties. Smart Multiservices Group assumes no liability for software from other vendors.
12. Use of third-party applications
13. Prohibition of compensation
The client is not allowed to offset its claims against claims of Smart Multiservices Group.
14. No Assignment
The client may not assign its contractual relationship with Smart Multiservices Group to a beneficiary without the written permission of Smart Multiservices Group. Similarly, claims arising from contractual relationships with Smart Multiservices Group cannot be transferred to third parties without the written permission of Smart Multiservices Group.
15. General Provisions
To be valid, changes and additions to written agreements, which are outside of the terms and conditions, the conditions of use and the corresponding insertion rules, must be in writing and with the agreement of both parties. This also applies to any waiver of the requirement in writing. If it turns out that a provision of an agreement is not valid or enforceable, it must be annulled only insofar as it is invalid or unenforceable, and that part should be replaced with a provision that is as close as possible to the original from an economic point of view. Any shortcomings of the agreement shall be addressed by rules that are as close as possible to what the parties to the agreement would have agreed if they had thought to settle the question during negotiation of the agreement, respecting the spirit and purpose of the agreement.
16. Applicable law and jurisdiction
This agreement is governed exclusively by Ethiopian law, to the exclusion of private international law.