General terms and conditions of business

General Terms and Conditions (GTC) of EIKONA - Validity in Switzerland

 

By placing an order, the customer agrees to EIKONA's GTC. If the customer does not agree, the order may not be continued. EIKONA assumes that any person who accepts the terms and conditions has the necessary authority. The customer is urged to read the GTC carefully.

 

1. scope of application

These terms and conditions govern the contract and exclude all other terms and conditions

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2 Services

EIKONA shall provide the services with reasonable care and in accordance with the agreed lead times. Access to the services may be restricted at EIKONA's discretion.

 

3 Ownership and use

EIKONA shall remain the owner of all intellectual property rights to the services provided. The customer receives a non-exclusive, non-transferable license to use the results for his practice.

 

4 Obligations of the customer

 

The Customer shall obtain and secure all necessary permits and licenses. 

The customer shall ensure that the customer's materials are accurate in all material respects and of sufficient detail and quality to enable EIKONA to provide the services. 

Customer acknowledges that EIKONA is under no obligation to verify the completeness, accuracy or adequacy of instructions or Customer Materials.

Customer shall retain primary copies of all Customer Materials, and Customer acknowledges that EIKONA is not responsible for the retention, storage or return of any Customer Materials.

 

5 Confidentiality

Confidential information may not be disclosed without written consent, unless required by law.

The client is and shall remain the owner of all intellectual property rights in the client's materials. Customer agrees that EIKONA and its affiliates shall be entitled to retain, use and publish anonymized versions of Customer's Materials for purposes of education, advertising, research and other operation and development of the business, and Customer hereby grants to EIKONA and its affiliates a perpetual, royalty-free license for such purposes. For the avoidance of doubt, once anonymized, the Client Materials shall no longer be considered Confidential Information.

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6 Liability

 

EIKONA shall not be liable for indirect damage, loss of profit or similar losses. Liability is limited to the fees paid for the services provided.

The Customer acknowledges that the reports (and other service results) are not based on a physical examination of the patient - they are merely an interpretation of the findings and are dependent on the accuracy and sufficiency of the Customer Materials, and accordingly EIKONA shall not be liable for any loss or damage arising from the inaccuracy or insufficiency of the Customer Materials; 

and the Customer is responsible for the application of the Report (and other applicable Performance Results) by the responsible veterinarian in the Customer's practice, and accordingly EIKONA shall not be liable for the application of the Report (and/or Performance Results) or for any decisions made on the basis of the Report (and/or Performance Results) in the Customer's practice.

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7. payments

Invoices must be paid within 14 days of receipt. EIKONA reserves the right to increase or change prices with one month's notice.

 

8 Termination

Either party may terminate the agreement without giving reasons by giving one month's written notice.

 

9 Miscellaneous

Amendments to the GTC must be made in writing. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with Swiss law, and the parties irrevocably agree that the courts of Switzerland shall have exclusive jurisdiction to settle any such dispute or claim.

 

Please read the GTC carefully and observe all applicable provisions.

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