Stackworks GmbH, hereinafter referred to as the Provider, provides the customer with a contingent of consulting, support and technical training on a monthly basis. The current offers for the service are published on the website - stackworks.ch - and are based on the three packages Basic, Business and Enterprise of Google G Suite.
The functionality and scope of services of the respective service from Google result from the respective current product descriptions from Google. For the general products, the current provisions of the Product Terms apply, available at: https://gsuite.google.com/terms/2013/1/premier_ terms.html
The contract comes into effect when the customer has generated a verification token via the Admin Console and sent it to the Provider. It comes into effect on the first day of the month in which billing begins. If the billing starts in the same month as the contract was signed, the contract will come into effect on the day of activation.
The customer can choose between a flexible or annual tariff;
2.1 Flexible tariff
Each user account is billed monthly. The customer can add and remove accounts at any time. In this way, the customer only pays for the accounts that were used in the respective month. In addition, the service can be cancelled at any time without incurring additional costs.
Suitable for: small organisations with a variable number of employees
2.2 Annual tariff
The customer undertakes to purchase the service for a whole year. Depending on the subscription, he receives a reduced price per user. If the team grows, additional licences can be purchased, which increases the monthly rate.
The number of licences or the amount of the monthly costs can only be reduced when the contract is extended, i.e. when the current year or the contract term has expired. If the customer terminates the subscription prematurely, the customer must pay for the remaining contract term.
Suitable for: Organisations with a constant or growing number of employees
3. Terms of payment
The agreed price is unchangeable for the contract term chosen by the customer when the contract is concluded.
The invoice amounts are payable 10 days after the invoice date and without deductions. The frequency of invoicing shall be agreed with the customer before the start of the contract. If nothing is agreed, the invoice will be issued on a monthly basis. If the invoice amounts have not been paid within 60 days of the invoice date at the latest, the Provider reserves the right to discontinue the services for the Customer after consultation.
Cloud licences which the customer rents via the provider are generally administered by Google Ireland Limited. The contractual agreements of the manufacturer (explicitly: Google Ireland Limited) apply.
5. Confidentiality obligation
The Provider undertakes to treat as confidential all information that is not generally known and that they receive in the course of fulfilling this contract, and not to make it accessible to third parties either in whole or in part, nor to publish it. The Provider shall provide the Customer with an NDA "Non-disclosure agreement" prior to the commencement of the contract.
6. Jurisdiction and Applicable Law
The relationship between the Provider and the Customer shall be governed exclusively by Swiss law. Any disputes that may arise between the two parties in connection with the execution or interpretation of the Service Agreement shall be submitted to the competent court in St. Gallen, which is expressly declared to be competent by the Provider and the Client.
StackWorks GmbH, St Gallen