General Terms, Conditions
In partnership with AdminTech Sàrl (“AdminTech”), MasterIntegrator SA (“MasterIntegrator”) and LedgerPeek Sàrl (“LedgerPeek”), all acting as severable or joint partners and parties to the present agreement (referred to mutually as “Providers” or “we”, respectively separately as “Provider”).
BIG Start is an online B2B conglomerate of services for support of businesses and entrepreneurs, offered either directly by respective partners or indirectly through merger of services into joint packages and subscriptions.
AdminTech is an online B2B service for generation and administration of business documents, agreements, and official forms (“AT Services”).
LedgerPeek is an online B2B service for automatic document recognition, management, and processing for purposes of archiving, accounting, and financial analysis (“LP Services”).
MasterIntegrator is an online B2B service for office hardware lease and software license, website and application construction, integration, and maintenance of business IT systems (“MI Services”).
These General Terms and Conditions ("Terms") apply to your access to and use of the website, application, content, AT Services, MI Services and/or LP Services, including any applicable free trials, any content, functionality and services of documents compilation and/or recognition, display, delivery or limited storage of documents and/or electronic contracts, real-time accounting, lease of hardware or licenses of software, offered on or via any respective websites or applications of the above parties or their respective partners (collectively, the “Services”).
The Services offer automation of business processes and digitalization of the business environment, and nothing in these Terms shall imply any responsibility whatsoever, of any Provider, with respect to any legal, financial, or technical advice, recommendation, information, or content. With respect to any research, legal, financial or technical reassurance, the User shall by solely responsible to consult any necessary publicly available information, authority, legislation, best practice, expert or consultant.
The Services are provided in various countries and languages and the User is solely responsible for the selection of the correct country and/or language to use such Services. Providers decline any responsibility for incompatibility of the provided Services in case where the selected country and/or language is not compatible with the country of User.
The Services are provided online by automated algorithms and are available through our websites (individually, “Site”) or through the applications (“Apps”). The Services are operated by the above-mentioned Providers, as well as their respective partners as may appear from time to time (“Partners”).
For all due purposes, Business Innovation Group SA acts as a transmitter of Services, and each of the Providers shall hold separate and individual liability and shall be designated as a separate party to the present Terms and Services.
Nothing in these Terms shall designate the Providers as liable or responsible for the acts of the Partners in any way, and the Partners shall form respective parties to any agreement, service, website, or application provided to you by means of Providers acting as representatives for such Partners.
1. Agreement to Terms
By using the Site or Apps, or once we have activated your User Profile, or once you effectuate any purchase, use any of the Services, including any free trials and free Services, you (“User” or “you”) accept the Terms and enter into a binding legal contract with all of the Providers respectively under the following conditions for the provision of Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such a case, “you” and “your” will refer to that organization.
You agree that by accessing, registering for and/or using the Services in any manner, you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, then you are expressly prohibited from using the Services and you must discontinue use of Service immediately.
Supplemental terms and conditions or documents that may be posted on our website or applications from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the last updated date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted. The present Terms and Conditions remain valid throughout the use of the Services by the User, and remain binding after the termination of the User Profile for the maximum statutory limitation period permitted by Swiss law. The Provider may transfer this agreement and the Services to any third party without prior notice to the User.
When accessing any website, application or service provided by respective Partners, the User likewise agrees to their respective terms and conditions and acknowledges having understood their content and meaning.
The access to Services may be subject to the registration of the User. To sign up, access and/or use the Services, you must create an account (“Account”). Your Account requires you to (i) indicate agreement to these Terms, (ii) provide contact information, and (iii) submit any other form of authentication required during the registration process, as determined by Provider in its sole and absolute discretion. The User shall be required to provide correct identification information for the registration.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, belongs to a different entity that you unjustly impersonate or otherwise objectionable. We reserve the right to request additional authentication upon registration or later on in order to ensure the confidentiality of data and prevent unauthorized access to the User Profile.
The User must be a registered company, individual entrepreneur, organization or any other business form, and the representative accessing such Services shall be of at least 18 years old, unless a greater legal age is required in your respective country of residence or registration, in order to give consent to the present Terms and to access the Services.
The User understands that upon registering on the Site or App of one of the Providers, his registration shall be automatically activated with all the above Providers.
3. User Profile and Password
The Provider is not responsible for monitoring of any suspicious activity or suspicion of data breach on the User Profile. It is the sole responsibility of the User to ensure the security of log-in credentials (“Credentials”). The User shall abstain from communicating such Credentials to any unauthorized person. The User shall ensure the regular modification of his Password and shall signal any suspicious activity discovered in relation to his User Profile.
The User may grant the access to his User Profile to his employees or sub-contractors, and is fully and personally liable for the use of the Services by them. Such persons shall likewise be referred to as the “User”. The User may not grant access to his User Profile to his clients without prior authorization from the Provider or respective Partners.
The User understands that upon registering on the Site or App of one of the Providers, his Credentials shall be immediately disclosed and valid for any of the other Providers specified above.
4.1. Ownership and Rights to Access and/or Use the Services.
By your using of the Services:
(i) we grant to you a limited, personal, non-exclusive, non-transferable, revocable right to use the Services; and
(ii) you shall not reproduce, distribute, prepare derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software and/or services obtained from and/or through the Services and Apps without the express prior written permission of Providers. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content).
4.2. Reservation of rights.
Our Services are protected by applicable intellectual property laws, including Swiss Federal Act on Copyright and Related Rights Copyright Act and international treaties. Subject to the limited rights expressly granted hereunder, Providers reserve all rights, title, and interest in and to the Services, including without limitation, all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
4.3. Availability of content.
We do not guarantee that any content will be made available on the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit and/or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims and/or allegations from third parties and/or authorities relating to such content and/or if we are concerned that you may have violated the Terms), and/or for no reason at all and (ii) remove or block any content from the Services.
4.4. Marketing of services, products, and/or events.
As part of the registration process, you are also provided with the opportunity to receive relevant information about the Service – including related tips and training – as well as information about other products and services that may interest you. In this instance, we may reach out to you through e-mail provided at registration. Acceptance is optional and declining to opt-in will not impact the Service. Should you opt-in to receiving marketing materials, etc., that consent may be revoked at any time by clicking the unsubscribe link provided in the email and also as described in Providers’ Privacy Notice. Revocation of consent will not impact our ability to contact you regarding transactional and/or service support, unrelated to marketing.
Except for limited free trials and promotions as indicated on our Site or Apps or any other correspondence with the User, the access to Services, as well as User Content or Generated Content (as defined below), or parts thereof, is subject to a fixed or periodic fee as indicated in our Site or Apps. All fees due and payable by you to Providers under the Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. All fees due and payable under the Terms are exclusive of applicable taxes, which will be added at the prevailing rate from time to time. When you sign up for a paid plan, you are agreeing to pay and take responsibility for all charges made in accordance with the chosen plan, and your subscription will automatically renew at the end of the subscription term unless you cancel as further set forth herein.
The Fee is due in advance prior to the access to the Services or parts thereof and is payable in the currency and according to the terms indicated on our Site or Apps.
Once a user submits a request for cancellation, no additional charges will be made. However, no refunds (prorated or otherwise) are provided upon cancellation. In the interest of fairness to all of our clients, no exceptions will be made.
5.1. You can purchase a one-off services, monthly or annual plan, as well as any other plans as may be offered from time to time, and your credit card on file will be charged on a regular basis or an invoice will be issued to your company.
Payment per service. Payment per service plan is one-time access with pay-as-you-go access on the day you use such Services.
Monthly billing plan. Providers’ monthly plans offer month-to-month access, with a monthly payment on the day of renewal (the same day of the month that you initially signed up for the plan). Monthly plans automatically renew each month. If you cancel before the renewal date, you will have access to your account until the end of the current month.
Annual billing plan. Providers’ annual plans provide access for a year and substantial savings compared to a month-to-month plan. Annual plans will be charged each renewal date (the same date of the year you originally signed up for the plan). Annual plans automatically renew each subsequent year. If you cancel before the renewal date, you will have access to your account until the end of the current year.
5.2. Failed charges; Suspension.
If your credit card on file is closed or the Account information is changed, or if, for any reason, a charge is rejected, or you have not paid the invoice in due terms you shall immediately update your Account or supply a new payment account, as appropriate. If you are unable to update your credit card account with the appropriate information, then Providers will send an invoice to you detailing the amount due. You must pay the amount due in full within seven (7) days after the date of the invoice. You agree to notify Providers in writing of any changes to your Account information or termination of any authorization at least thirty (30) days prior to the immediately subsequent billing date. In the event payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. Providers may, without liability to you, disable the password, Account and access to all or part of the Services if any fees owed are not paid within thirty (30) days after such fees first become due and payable under the Terms. In the event of the foregoing, Providers shall not be obligated to provide any and/or all of the Services until such fees are paid in full. Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the Account since the failed credit card charge.
6. Access to Services
The information and Services provided on our Site or Apps are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
If you access the Site or Apps from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, then through your continued use of the Services, you are transferring your data to Switzerland, and you expressly consent to have your data transferred to and processed in Switzerland.
Any person accessing the User Profile must be at least 18 years old. By agreeing to the present Terms the User hereby warrants that he is at least 18 years old. The Provider may suspend the access to Services without prior notice in case of breach (or suspicion of breach) of the present Terms and Conditions or a violation of any law or judgment, as well as in case of any administrative or judicial requirement to suspend such access. The Provided may likewise suspend the access to Services for any other reason related to confidentiality, security, reputation of the Provider, etc.
The User explicitly represents and warrants that he has the requisite capacity and rights to any information, feature or content uploaded or otherwise added to our Site or Apps by the User (“User Content”).The User is solely liable for any inaccuracies in the provided User Content and it is the User’s responsibility to ensure the exactness of the provided User Content.The Provider is not responsible for the storing of the User Content. For any stored User Content the Provider shall ensure its confidentiality. The User Content remains the exclusive property of the User, but may be used by the Provider for statistical big-data anonymized analysis.
The Services produce documents, sites, content or official forms on the basis of the User Content (“Generated Content”). The Generated Content is the exclusive property of the User, but may be used by the Provider for statistical big-data anonymized analysis.Once the Generated Content is downloaded by the User, the Provider is not responsible for the storing of the Generated Content. It is the User’s sole responsibility to carefully review the Generated Content before any use, and the Provider bears no liability for the incorrectness of the Generated Content or its non-compliance with the applicable legal or contractual requirements.In case of breach of the present Terms and Conditions, the Provider may suspend the access of the User to the Generated Content or delete it without prior notice.
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our websites or applications and the trademarks, service marks, and logos contained therein (collectively, the “Protected Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Switzerland, foreign jurisdictions, and international conventions.The Protected Content is provided on the Site or Apps “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of our Site or Apps and no Protected Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
8. Prohibited activity
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
1.systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2.make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3.use the Services to advertise or offer to sell goods and services.
4.circumvent, disable, or otherwise interfere with security-related features of the Services.
5.engage in unauthorized framing of or linking to the Services.
6.trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
7.make improper use of our support services or submit false reports of abuse or misconduct.
8.engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9.interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
10.attempt to impersonate another user or person or use the username of another user.
11.sell or otherwise transfer your profile in a manner not permitted by the Terms.
12.use any information obtained from the Services in order to harass, abuse, or harm another person.
13.use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
14.decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
15.attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
16.harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
17.delete the copyright or other proprietary rights notice from any Content.
19.upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
20.upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
21.except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
22.disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
23.use the Services in a manner inconsistent with any applicable laws or regulations.
24. create an Account and/or use the Services if you have been previously removed by us and/or banned from the Services.
25. select and/or use as a username a name of another person with the intent to impersonate that person.
26. use as a username a name subject to any rights of a person other than you without appropriate authorization.
9. Suspension and Termination of Services
9.1. By You. If you terminate an annual or monthly plan in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle.
9.2. By Providers. Providers may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Providers may also suspend providing the Services to you if we are investigating suspected misconduct by you. However, there may be time sensitive situations where Providers may decide that we need to take immediate action without notice. Providers have no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures. If Providers stops providing the Services to you because you repeatedly or egregiously breach these Terms, Providers may take measures to prevent the further use of the Services by you.
10. No liability for lost data
Where Providers provide web hosting or other services via the Services involving the provision of computer storage space, and/or in relation to other relevant services, Providers reserve the right to impose and vary limits and/or restrictions (temporary or otherwise) on the use of the Service, including, without limitation, limits on the storage provided by reference to storage space, time/age of files, number and/or size of files, amount of data downloaded and/or uploaded and/or any other criteria Providers may specify. Any content and/or materials which exceeds any such limit may be deleted and/or not accepted for such storage without liability to Providers.
11. Governing law and dispute resolution
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of Switzerland. Any legal action in relation to the Services, the present Terms and Conditions, Site, Apps, User Content, Generated Content or Protected Content shall be brought exclusively before the courts of Geneva, Switzerland, with the exception of appeal to the Swiss Federal Court.
The Site and Apps are provided on an “as-is” and “as-available” basis. You agree that your use of our Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.In no event will we or our directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. You agree that we shall have no liability to you for any loss or corruption of any such Generated Content or User Content, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
1. These Terms and Conditions and any policies (including, without limitation, Providers’ Privacy Notice) or operating rules published from time to time by us on the Site or Apps constitute the entire agreement and understanding between you and us.
2. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
3. These Terms and Conditions operate to the fullest extent permissible by law.
4. We may assign any or all of our rights and obligations to others at any time.
5. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
6. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
7. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
8. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
9. You agree that we may reference you as our customer, and that we may reasonably use, on a royalty-free basis, your trademark and/or logo for such purpose.
10. Indemnification. You will defend, indemnify and hold Providers, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable attorneys’ fees, that arise from and/or relate to (i) your use of the Services and/or inability to use the Services; (ii) your User Content; (iii) your violation of the Terms, (iv) your violation of any rights of a third party through use of the Services or User Content; (v) fraud you commit and/or your intentional misconduct and/or negligence (vi) your interaction with any other user; and/or (vii) your use of the Services that is in violation of any applicable data protection/privacy law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Providers. Providers will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10.1. Waiver. You hereby forever discharge and release us, our affiliates and each of our subsidiaries and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (i) the Services; (ii) any inaccurate, incomplete, unreliable, illegal or infringing content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (iii) the conduct, whether online or offline, of any user; (iv) any injury, loss or damage caused by another user or User Content posted on the Services, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of, the Services users’ communications.
11. Force Majeure. Except for payment obligations, neither Providers nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, shortages, riots, pandemics, fires, acts of God, war, strikes, terrorism, and governmental action.
If you would like to request additional information regarding the Terms or for any questions regarding a commercial relationship with Providers, please contact us at the respective contact details as specified on the Site respective Site of the respective Partner.