These general terms and conditions apply to any service provided by agenda.ch sàrl (hereinafter agenda.ch) to its professional customers, under its brands agenda.ch, phyzio.ch, spark.ch and commune.ch.
A separate text applies to visitors and to people booking an appointment: https://agenda.ch/en/terms-patients.
agenda.ch is a professional application accessible over the Internet and provided in "SaaS" mode.
It allows, among other things, the management of an agenda, online appointment booking by patients/customers, the keeping of a patient/customer file and the handling of administrative tasks such as appointment reminders and the issuing of invoices. The extent of the available functions depends on the subscription and on the modules activated.
In these terms and conditions, "customer" means the professional user who takes out a subscription to agenda.ch. The people who book an appointment with that professional are referred to as "patients/customers".
Except during a fixed-term trial period, or any other promotion, the use of agenda.ch services is subject to payment. The customer pays for the use of the service for a fixed period, at the rates in force. Other paid services may also be offered by agenda.ch.
Any use of the site implies acceptance of these general terms and conditions.
agenda.ch is free to accept or refuse any subscription request, without having to give a reason. A refusal may relate in particular to the field of competence of agenda.ch, to its interests, or to the fact that the activity concerned is not compatible with the positioning of its services or with the terms of its own providers.
The customer undertakes not to publish or distribute unlawful content through agenda.ch, in particular defamatory, hateful, violent or sexually explicit content. The customer alone is liable for the content it publishes. agenda.ch does not carry out any prior review of such content; it may remove it and suspend access as soon as it becomes aware of its unlawful nature.
The customer of agenda.ch undertakes to publish services that correspond to real services, and to honour the appointments booked online.
The resale of the information and services offered by agenda.ch is strictly prohibited. No service and no information provided through agenda.ch may be passed on to a third party, including the customer database. Only the customer may use its account, for its own purposes.
Invoicing is based on the rates in force on the day the commitment is entered into. The rates in force are those published on the agenda.ch website or in its commercial documents. The customer pays for the service in advance, on the basis chosen: monthly, quarterly or annually. When the service is renewed, the customer tacitly accepts the rates offered. agenda.ch reserves the right to change its rates. In that case, the changes will be communicated at least 30 days before they are applied. Price increases or decreases do not apply to services in progress. Performing a service at an agreed price does not oblige agenda.ch to perform a later service on the same terms.
The use of agenda.ch is not limited in the number of services, appointments and customers.
Each subscription includes one agenda and one user. The use of additional agendas/users is invoiced in addition, at the rate in force in its commercial documents.
SMS messages are counted per period, and any excess over the quota included in the subscription is invoiced in the following period. In the event of an excessive number of SMS messages sent, agenda.ch reserves the right to terminate this contract and to issue an additional invoice.
Subscriptions to agenda.ch may be paid by credit card or bank transfer. Services are invoiced in advance; our invoices are payable within 30 days of their issue date. In the event of late payment, agenda.ch reserves the right to block the customer's access to the agenda.
The customer is invoiced according to the type of subscription and the billing frequency chosen. Once invoiced, the customer may not claim a refund for the period concerned.
Even if the customer terminates the contract early, the balance of the subscription remains due for the rest of the agreed contract period, on the current billing basis (monthly, quarterly or annual).
A subscription to agenda.ch is tacitly renewable on the same terms, from month to month, from quarter to quarter or from year to year. The minimum term is agreed explicitly when the contract is concluded; failing that, it corresponds to the billing period chosen.
If the customer does not wish to renew the subscription, it must inform agenda.ch by post or e-mail before the expiry date of the subscription. Where a minimum term has been agreed, the subscription may only end at the expiry of that term; article 4-5 is reserved.
Renewal takes place automatically at the expiry of the current period and is confirmed by the issuing of a new invoice, sent to the customer by e-mail. That invoice covers the coming period and includes, where applicable, the amounts due for the period elapsed in accordance with article 4-2.
Where the customer has authorised automatic payment, either with a stored credit card or with a direct debit authorisation, the invoice amount is collected using the payment data securely stored by our payment partner. Should there be a problem with the renewal payment, agenda.ch will contact the customer to advise that the payment has not been received. If, following these contacts, payment has not reached agenda.ch within 15 days, agenda.ch reserves the right to block the customer's access to the agenda. Should the rates or the contract term change, agenda.ch would submit a new offer to the customer.
As a provider of a "SaaS" software solution, agenda.ch has implemented a proactive data security and data processing policy in order to comply with Swiss law and also to align with the European standards in force. The data of agenda.ch customers is hosted in Switzerland and access is protected by an encrypted connection. The sending of e-mail and SMS notifications is entrusted to specialised providers. The routing of a message to its recipient may involve servers located outside Switzerland, in particular where the recipient uses a foreign mail service. Further details of our data protection policy are listed on the page https://agenda.ch/en/privacy.
As agenda.ch is a professional application, used by customers to manage their appointments with their own customers, this data is not the property of agenda.ch. agenda.ch hosts and processes it exclusively on behalf of the customer and on the customer's instructions, as a processor within the meaning of the FADP, and does not use it for its own purposes. The staff of agenda.ch work from its offices in Geneva and are bound to professional secrecy by their employment contract, including after it ends; that undertaking covers medical secrecy where the customer is subject to it. Accordingly, beyond the application framework guaranteed by agenda.ch, the processing of data by agenda.ch customers, as well as compliance with the related legislation, is the responsibility of the customer using agenda.ch.
agenda.ch implements the means necessary for the proper functioning of the service, without guaranteeing that it will be uninterrupted or error-free. To the extent permitted by law, agenda.ch is not liable for malfunctions occurring on the Internet and electricity networks, nor for any loss of data caused by the fault of a customer, of an agenda.ch employee or of a third party.
agenda.ch provides the tool that makes online appointment booking possible. The appointment itself, its content and its performance are a matter for the customer and the person who booked it, agenda.ch not being a party to it. agenda.ch is therefore not liable for costs arising from an appointment booked on its site, for example where a person does not attend or where the services offered change. agenda.ch declines all liability as regards the use of the tool by its customers.
The customer is responsible for managing its personal password and for access to its agenda.ch account. It is also responsible for the access it opens to its staff and for the acts carried out through them. agenda.ch provides two-factor authentication and recommends activating it to any customer processing confidential data; the decision to activate it rests with the customer. If fraudulent use is suspected, agenda.ch advises the customer to change the password. agenda.ch declines all liability in the event of abusive or fraudulent use, or use contrary to Swiss law, of the data accessible through the customer's access.
If the customer issues billing documents with the tools made available by agenda.ch, it remains responsible for the quality of the document issued.
Should agenda.ch be held liable for poor performance of its service, the customer could not claim any damages other than the refund of part of the payments made. The refund amount would be calculated after deduction of the fixed implementation costs and of the subscription period already elapsed.
Any claim against agenda.ch must be notified to it in writing within 30 days from the day the customer becomes aware of the damage and of its extent.
A case of force majeure is any external, unforeseeable event beyond the control of agenda.ch that prevents the normal performance of our services. In the event of a case of force majeure usually recognised as such by case law, the obligations relating to the current order would be suspended for its entire duration. In addition, agenda.ch reserves the right to terminate any contract at any time, without giving a reason. In that case, agenda.ch undertakes to refund its customer pro rata temporis.
agenda.ch may amend these general terms and conditions at any time. It is for the customer to check the general terms and conditions in force on a regular basis. These general terms and conditions are governed by Swiss law, whatever the customer's country. These general terms and conditions are drawn up in French. In the event of any discrepancy between the French version and a translation, the French version prevails. Any dispute concerning the interpretation of our orders or the performance of our services will, failing an amicable agreement, be settled definitively by the competent courts of the canton of Geneva.