A-Level GmbH Terms and Conditions

General terms and scope
The following general terms and conditions apply to all business relations between A-Level GmbH and the customer. The version in force when the contract is concluded shall apply.

Conclusion of the contract
Our offers are subject to confirmation. The contract for the provision of services comes into effect when the customer places an order following oral or written agreement and we accept the order by email. By receiving the order confirmation, the customer confirms acceptance of the terms and conditions of A-Level GmbH.

Terms of payment
The contractually agreed prices and terms of payment apply. Unless special payment terms or conditions are agreed, invoices must be settled net within 20 days of the invoice date. Any costs of transferring payment must be paid by the customer. A-Level GmbH is entitled to the full invoice amount. The customer is only entitled to the corresponding acquired usage rights to the data once the full amount of the invoice has been paid.

Liability
A-Level GmbH is only liable to the customer for damages caused by deliberate or grossly negligent action. Liability is excluded in the event of minor negligence. The data that is produced as a result of our services will be available for viewing on the Internet. We accept no liability for private/personal items or potential other information about your property. Property that is not to be scanned must first be removed (e.g. personal items such as photographs, valuable works of art, jewellery, etc.). The parties understand that the 3D tours will only be available for use while the system provider continues to make the system available. If the system provider stops offering this service or is no longer able to provide the service, the customer shall have no claim to damages against A-Level GmbH. The accuracy of scans that are used to produce additional services such as plans, etc., depends on the system that has been reserved and used. A-Level GmbH accepts no liability for deviations. Additional services delivered by our partners shall be governed by the partners’ own terms and conditions. A-Level GmbH accepts no liability for its partners’ shortcomings. In the event of a breach of the conditions of use by third parties we are authorised to terminate the contract with the customer with immediate effect at the full agreed cost. The customer will indemnify us in relation to all claims of third parties in respect of the customer’s breach of third party conditions of use, including the costs of legal action that may be necessary.

Withdrawal, cancellation, postponement
The customer has the right to cancel an appointment for a scan. Notice of cancellation must be given no less than 72 hours (three days) before the agreed appointment. If the appointment is postponed due to bad weather, this must be done within 24 hours. No invoice will be issued for any postponements made in good time. If this notice period is not adhered to, an invoice will be issued for 50% of the order value. If A-Level GmbH is unable to fulfil the order on time owing to technical problems or illness/accident suffered by a specialist, the customer may withdraw from the contract. Any payment that has been made in advance will be reimbursed within 10 days. There can be no claim to compensation for damages in any form. Postponement and failure to meet an appointment by A-Level GmbH owing to the weather do not constitute grounds for withdrawal.

Customer’s obligations/personal rights
The customer hereby provides express assurance that he/she holds all rights to place the order and undertake any advance organisational measures. If the order breaches the rights of third parties, the customer will be fully liable. The customer undertakes to inform and obtain consent in advance from all persons whose data and property may be affected by the placing of the order. If a user owns rights to the property depicted that are breached by publication and demands that this be deleted, A-Level GmbH can, may and must remove all image material. In the event of insurmountable problems with neighbours and other residents when using a drone, no recordings will be made. Property to be scanned will be scanned as it is found. Any incorrectly placed items, missing decorative elements or similar cannot be touched up or inserted into the 3D scan afterwards. The addition or rescanning of individual parts may be possible but will incur additional upload and working costs that must be borne by the customer. Insufficiently illuminated spaces may present difficulties for scanning (e.g. systems rooms or cellars). A-Level GmbH cannot be held liable for areas that are missing from the scan in such cases. Additional lighting that may be required must be made available in advance by the customer.

Services
Scans, videos and photographic recordings are created exclusively in compliance with local laws. The following conditions must be observed in advance:

  • Drone recordings and exterior scans can only be carried out if the wind speed is 20 km/h or less
  • Drones must be within direct sight of the pilot (maximum flight altitude 100 m) or flown in compliance with national laws at all times
  • The maximum flight altitude is 100 m unless local laws permit flights at higher altitude
  • A-Level GmbH has the right to refuse to fly on site

Many services cannot be carried out in rain, snow or at temperatures below -5°C. If one of these situations occurs on the date of the agreed appointment, no financial compensation may be claimed. A new appointment will be agreed in the event of bad weather.

Property rights, copyright and other rights
All scans and other recordings created by A-Level GmbH are protected works under copyright legislation. Unless agreed otherwise, the customer will receive the usage rights but not the copyright to the data objects that are created since copyright is generally non-transferrable (purchase costs cover the costs of providing the service, not the intellectual property). A-Level GmbH holds copyright to all data in accordance with the Copyright Act and may also use this data for its own purposes (e.g. as website advertising) unless the customer objects.

Miscellaneous
A-Level GmbH may engage partner companies to carry out orders on its behalf.

Amendments and addenda
A-Level GmbH reserves the right to modify these terms and conditions at any time. The new conditions will be announced to customers and will be deemed to have been accepted if no objection is made within 30 days.

Severability clause
If one or more of the clauses in these terms and conditions is entirely or partially ineffective, the legally equivalent or nearest closest alternative clause will apply. All other clauses will remain applicable.

Applicable law and place of jurisdiction
This Agreement is governed exclusively by Swiss law and only the Swiss version is legally binding. All legal disputes between the customer and A-Level GmbH will come under the jurisdiction of the place of the registered office of the contractor.

Lucerne, December 2018