GENERAL TERMS AND CONDITIONS

 

 .1. Subject matter  

These General Terms and Conditions (GTC) govern the general aspects relating to the provision of services and products between DOS Group and the Customer to enable the latter to access DOS services under the terms and conditions agreed in this contract. These GTC form an integral part of the contract.

2.Term of the contract

 

2.1. Subscription services

The contract has a minimum duration of 12 months and is tacitly renewed unless written notice of termination is given by one of the Parties within 60 days of the annual expiry date.

N.B.: once activated, certain types of services/annual licenses (e.g., Office365, Sophos Intercept X, etc.) cannot be deactivated from the supplier’s portal until one year has elapsed from the date of activation. For this reason, the customer must pay the full annual amount even if deactivation occurs during the relevant year.

2.2. Multi-hour contract

The contract has a duration and validity of 12 months. There is no time limit for using up all the hours purchased. The contract comes into force upon signature by DOS Group and the Customer and becomes valid upon payment. If, after 12 months, the customer still has hours available, these can be carried over to a new multi-hour package.

If the balance is negative, the Customer will have the option of making a new full payment or covering the negative balance by paying the corresponding amount. In the latter case, the contract will expire and the services will be invoiced at standard rates.

3. Service rates

The rates for technical support are those stated in the contract duly signed by the customer. The costs relating to the Hosting service or virtual machines are to be understood as an annual fee paid in advance (General Contractual Conditions for Web Hosting services).

3.1. SPLA, Office 365, antivirus, and annual licenses            

DOS Group reserves the right to interrupt the SPLA service if invoices are not paid on time.

Should the supplier’s reference prices change, DOS Group reserves the right to modify subscription prices at any time without prior notice.

4. Request, methods, and rates of intervention

4.1. How to request assistance

The request for intervention must be made by the Customer by email (helpdesk@dos-group.com) or telephone (+41 91 640 99 60). The customer must provide as much detail as possible about the type of problem encountered and the situation in which it occurred. In the case of Help Desk contracts with a dedicated number, the Customer must access the service only using the number provided. Calls received at the switchboard or at numbers other than those specified in the contract are not considered valid for the purposes of service level assessment (SLA).

4.2. Hours of operation and rates  

The hours of operation for all services covered by this contract and its annexes are as follows: Monday to Friday from 8:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 6:00 p.m., excluding Saturdays, Sundays, and midweek holidays established by cantonal and federal legislation (standard working hours).

For each service call, a minimum fee of CHF 50 + VAT is charged for the first 15 minutes of service. For longer service calls, the hourly rate established in the contract is charged. In the absence of a contract, the standard hourly rate is charged:  

• ICT System Engineer: CHF 165.00 + VAT per hour (both on site and remotely)  
• Cyber Security Specialist CHF 165.00 + VAT per hour (both on site and remotely)
• IT Support Specialist: CHF 145.00 + VAT per hour (both on-site and remote)
• Electrician: CHF 90.00 + VAT per hour (both on-site and remote)
• Telematic: CHF 115.00 + VAT per hour (both on site and remotely)

For interventions outside and in addition to the aforementioned standard working hours or days, DOS Group offers an on-call service that must be agreed upon by both parties. This service is intended to provide the support listed in the supplements below:

• Weekdays from 6:00 a.m. to 8:00 a.m. 30% surcharge;
• Weekdays from 6:00 p.m. to 11:00 p.m. 30% supplement;
• Weekdays from 11:00 p.m. to 6:00 a.m., 50% surcharge;
• Sundays and public holidays, 50% surcharge;
• Cyber activities with a request for intervention within 4 hours, 70% surcharge;

If a contract for on-call service has not been signed in advance, DOS Group cannot guarantee the availability of intervention. Therefore, without such a specific agreement, there is no assurance that DOS Group will be able to respond promptly to any requests for assistance.

If an hourly package has been signed, the surcharge will be deducted from the contract.

DOS Group reserves the right to change rates at any time without notice. 

4.3. Travel

For one-off interventions, a rate equal to 80% of the hourly cost will be applied. In the case of multi-hour contracts, the cost of travel will be charged based on the actual minutes of travel. For specific projects, the cost of travel will be indicated in the contract or commercial offer, respectively.

4.4. Contact persons

Upon signing the contract, the Customer shall provide DOS with the names of the persons authorized to contact DOS to request the services referred to in this contract.

Exceptions are possible with the prior authorization of one of the aforementioned authorized persons. DOS shall communicate to the Customer, at the time of signing the contract, the contact details (telephone, fax, e-mail, on-call service) for the activation of the services referred to in this contract.

4.5. Methods of intervention

Any service covered by this contract will be performed by DOS at its sole discretion according to one or more of the methods listed below:

• By telephone
• Telematically (via remote access)
• On site, i.e., at the Customer’s premises

4.6. Intervention report

Each service requested by the customer is the subject of a report or documentation by the DOS Group technician who dealt with it, which includes the service requested, the service performed, all actions taken by DOS Group personnel, and the total time (including travel) that the technician spent on the intervention and restoration of operations.

If the intervention is carried out remotely, the report will be sent by email. If the customer disputes the report, they must indicate their reasons for disagreement with the report in writing within 5 working days of the report being sent; in the absence of further communication, the content of the report will be deemed to have been accepted by the customer even if it has not been signed.

If the service is provided on site (at the customer’s premises), once the work has been completed and the technician has returned to the DOS Group headquarters, the same procedure as for remote services will be followed. If the work is related to a sales order (OV document) that includes installation work, the technician will present the customer with a copy of the sales order, which will be duly completed with the date and a legible signature. NB: The sales order must always specify whether the hours and travel expenses will be charged on a time and materials basis or at a flat rate.

5. Shipping and returns

5.1. Shipping

Shipping is only available within Switzerland.

Delivery is by post, train, truck, or private courier. Special services such as express delivery and delivery to a specific floor are excluded and must be evaluated upon request.   Information regarding availability and delivery times is not binding.

5.2. Right of return (returns)

Goods may be returned upon request and subject to approval by DOS Group. Fees may apply for handling the return shipment and for administrative costs. Goods must be complete, packed in their original packaging, undamaged, and without writing or labels.

6.Payment deadlines and delays

6.1. Invoice due dates

All invoices issued by DOS Group SA are due 30 days from the date indicated on the invoice. After this period, DOS Group SA has the right to charge interest on arrears at a rate of 5% per annum.

6.2. Late payment

In the event of late payment, DOS Group SA reserves the right to charge the Customer administrative costs (postage, requests for information and clarification for non-payment) of CHF 50 for the second reminder and CHF 150 for the third reminder. If, even after the third reminder, the invoice is not paid by the Customer, DOS Group SA reserves the right to block any provision of services (hosting, virtual servers, software services, SPLA, and technical interventions) to the Customer.

7.Liability

7.1. In general

Limitations of Liability and Assumption of Business Risks

DOS Group excludes any guarantee on the results or quality of the services provided to the Customer under this contract. Throughout its duration, DOS Group shall be liable only for any damage caused intentionally or through negligence by its employees, limited to the Customer’s elements, installations, and objects on which the services are provided. Liability is limited to the elimination of the damage by repairing or replacing the damaged object. No other forms of compensation are provided for direct or indirect damages, including loss of earnings, business interruptions, costs incurred, or third-party claims arising from DOS Group’s services. DOS Group assumes no responsibility for modifications made by third parties or for the consequences thereof.

Assumption of Risk by the Customer
The Customer accepts full responsibility for its own business risks, such as loss of revenue, personnel costs, and other unforeseen costs, and undertakes to indemnify DOS Group against any claims, legal actions, or proceedings arising from such risks.

Limitation of Liability
DOS Group is not liable for any losses, damages, or costs incurred by the Customer as a result of its business risks, including those related to loss of revenue and additional costs.

Insurance
The Customer is responsible for managing its own insurance coverage for its business risks; DOS Group has no obligations in this regard.

Force Majeure
The Parties shall not be liable for non-performance in the event of force majeure, such as natural disasters, wars, government actions, or other events beyond their control.

Termination
If any provision is invalid or unenforceable, it shall not affect the validity of the other provisions.

7.2. Responsibility for data

The customer is solely and exclusively responsible for protecting their data and making backup copies, with the express exclusion of any liability on the part of DOS Group. As the owner of the data, the customer remains solely responsible for it, even in the presence of infrastructure management contracts (outsourcing).

In the event of a cyberattack, DOS Group assumes no responsibility, as even with security devices such as firewalls, antivirus software, or others, absolute protection cannot be guaranteed by computer systems.

7.3. Confidentiality and compliance with data protection

DOS Group undertakes to maintain confidentiality and not to disclose confidential data and facts that it has learned from the customer, and to comply, as far as it is within its competence and means, with the provisions of the data protection law.

DOS Group shall ensure (   lso assuming responsibility for its employees) the secrecy and confidentiality of the data, information, know-how, and software it will have at its disposal to execute this Agreement, as well as the secrecy and confidentiality of any documentation of any nature belonging to the Customer or prepared by third parties (including employees and promoters) in the Customer’s interest.

7.4. Access to data

Access to data is authorized exclusively to DOS Group.

The Customer may authorize access to data to external personnel for specific organizational needs. The Customer shall appoint Contract Managers and managers of technical, application, and management aspects. DOS Group may collect data relating to the Customer’s technological infrastructure and take action only if requested by the Customer’s management or Surveillance and Control Manager.

7.5. Processing of Personal Data

Personal data refers to all information relating to a natural person that allows them to be identified directly or indirectly (e.g., first and last name, home address, email address).

The processing of personal data by DOS Group is aimed at the existence, management, and execution of the tasks assigned, including the billing of services.

DOS Group undertakes to ensure that any personal data is processed with the necessary security and confidentiality. DOS Group undertakes to store personal data for the time necessary to carry out the task, but in any case during the storage or reporting period required by law (10 years), or as long as there is an overriding public or private interest. DOS Group undertakes to adopt adequate, up-to-date, and proportionate security measures in accordance with the state of the art to protect personal data against loss, unauthorized modification, or unlawful access by third parties.

The Customer has the right to obtain information on whether their personal data is being processed, in particular:

– Request written confirmation from the data controller/processor as to whether personal data concerning them is being processed and to know the purposes of such processing.

– Request the rectification, erasure, integration, restriction of processing, object to the processing, and contact a supervisory authority (IFD), unless exceptions provided for by law apply (Art. 26 LPD). To the extent permitted or required by law, certain requests may be refused. Therefore, DOS Group reserves the right to retain personal data or continue to process it in other ways, despite a request from the Customer for erasure or restriction of processing.

– The Customer may exercise their rights by sending a written request to the postal address of DOS Group’s registered office, Via rime 38, 6850 Mendrisio, for the attention of the data controller Stefano Doninelli, or to the dedicated email addressprivacy@dos-group.com .

The Customer, their collaborators, or other contact persons may ask questions or assert their data protection rights or those of the persons involved by sending an email toprivacy@dos-group.com or writing to the registered office at Via Rime 38, 6850 Mendrisio.

8.Applicable law, entry into force, place of jurisdiction

8.1. Applicable law

This contract is subject to Swiss law.

Unless expressly provided for in this contract, the provisions of the Swiss Code of Obligations shall apply.

8.2. Entry into force

This contract shall enter into force upon signature by DOS Group and the customer.

8.3. Place of jurisdiction

This contract is subject to Swiss law. The place of jurisdiction for any dispute arising from this contract or its execution shall be the courts of the place where DOS Group has its registered office.

*Document revised in 2026