GENERAL TERMS AND CONDITIONS
1. Subject matter
These General Terms and Conditions of Contract (GTC) govern the general aspects of the supply of services and products between DOS Group and the Customer, enabling the latter to access DOS services on the terms and within the timeframes 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 term of 12 months and shall be automatically renewed unless either Party gives written notice of termination within 60 days of the annual expiry date.
Please note: certain types of annual services/licences (e.g. Office365, Sophos Intercept X, etc.), once activated, cannot be deactivated through the supplier’s portal until one year has elapsed from the activation date. For this reason, the Customer shall pay the full annual amount even if deactivation occurs during the relevant year.
2.2. Prepaid hours contract
The contract has a term and validity of 12 months. There is no time limit within which all purchased hours must be used. The contract enters into force upon signature by DOS Group and the Customer and becomes valid upon receipt of payment. If the Customer still has unused hours after 12 months, these may be carried over to a new prepaid hours package.
If the balance becomes negative, the Customer may either make a new payment for a full package or settle the negative balance by paying the corresponding amount. In the latter case, the contract shall expire and service interventions shall be invoiced at the standard rates.
3. Rates and prices
The rates for technical support are those specified in the contract duly signed by the Customer. Charges for the Hosting service or virtual machines shall be understood as an annual fee payable in advance (General Contractual Terms and Conditions for Web Hosting Services).
Product selling prices are set by the respective manufacturers. DOS therefore cannot guarantee that prices will remain unchanged, including prices already confirmed and relating to products already ordered. In such cases, DOS shall be entitled to adjust prices and conditions to reflect the changed circumstances.
3.1. SPLA, Office 365, antivirus and annual licences
DOS Group reserves the right to suspend the SPLA service if invoices are not paid within the prescribed deadlines.
If the supplier’s reference prices change, DOS Group reserves the right to change subscription prices at any time without prior notice.
4. Requests for service interventions, procedures and rates
4.1. Submitting a request
The Customer shall request a service intervention by email (helpdesk@dos-group.com) or telephone (+41 91 640 99 60). The Customer shall take care to document, in as much detail as possible, the nature of the problem encountered and the circumstances in which it arose. For Help Desk contracts with a dedicated number, the Customer shall access the service exclusively through the specified number. Calls received by the switchboard or at numbers other than those specified in the contract shall not be considered valid for the purpose of assessing service levels (SLA).
4.2. Service hours and rates
Service interventions for all services covered by this contract and its annexes shall be performed during the following hours: Monday to Friday, from 08:00 to 12:00 and from 13:30 to 18:00, excluding Saturdays, Sundays and public holidays falling on weekdays as established by cantonal and federal legislation (standard working hours).
A minimum charge of CHF 50.00 plus VAT shall apply to each service intervention for the first 15 minutes. For longer service interventions, the hourly rate specified in the contract shall apply. In the absence of a contract, the following standard hourly rates shall apply:
- ICT System Engineer: CHF 165.00 plus VAT
- Cyber Security Specialist: CHF 165.00 plus VAT
- IT Support Specialist: CHF 145.00 plus VAT
- Electrician: CHF 90.00 plus VAT
- Telematics Technician: CHF 115.00 plus VAT
For service interventions outside the above standard working hours or on days other than those specified above, DOS Group offers an on-call service, which must be agreed between the Parties. This service provides support subject to the following surcharges:
- Working days from 06:00 to 08:00: 30% surcharge;
- Working days from 18:00 to 23:00: 30% surcharge;
- Working days from 23:00 to 06:00: 50% surcharge;
- Sundays and public holidays: 50% surcharge;
- Cybersecurity activities requiring an intervention within 4 hours: 70% surcharge.
If an on-call service contract has not been signed in advance, DOS Group cannot guarantee that a service intervention will be available. Consequently, without such a specific agreement, there is no assurance that DOS Group will be able to respond promptly to requests for assistance.
Where an hours package has been agreed, the surcharge shall be deducted from the contractual hours balance.
DOS Group reserves the right to change its rates at any time without prior notice.
4.3. Travel
For individual service interventions, travel shall be charged at 80% of the hourly rate. Under prepaid hours contracts, travel shall be charged on the basis of the actual number of minutes spent travelling. For specific projects, travel charges shall be specified in the contract or commercial quotation, as applicable.
4.4. Contact persons
When signing the contract, the Customer shall provide DOS with the names of the persons authorised to contact DOS to request the services covered by this contract.
Exceptions are possible where one of the aforementioned authorised persons has given prior authorisation to a third party. When signing the contract, DOS shall provide the Customer with the contact details (telephone, fax, email and on-call service) for requesting the services covered by this contract.
4.5. Methods of intervention
DOS shall perform any service covered by this contract, at its sole discretion, using one or more of the following methods:
- By telephone;
- Electronically, through remote access;
- On site, at the Customer’s premises.
4.6. Service report
Each service requested by the Customer shall be recorded in a report or other documentation prepared by the DOS Group technician who performed it. The report or documentation shall specify the service requested, the service performed, all actions taken by DOS Group personnel and the total time spent by the technician on the intervention and restoring operations, including travel time.
For remote interventions, the report shall be sent by email. If the Customer disputes the report, the Customer shall state the reasons for disagreement on the report itself or in writing within 5 working days of the report being sent. In the absence of any further communication, the contents of the report shall be deemed accepted by the Customer, even if the report has not been signed.
For on-site interventions at the Customer’s premises, the same procedure as for remote interventions shall be followed once the work has been completed and the technician has returned to DOS Group’s premises. Where the work relates to a sales order (OV document) that includes installation work, the technician shall present the Customer with a copy of the sales order, which shall be duly completed with the date and a legible signature. Please note: the sales order must always specify whether hours and travel are to be charged on a time-and-expenses basis or at a fixed price.
5. Shipping and returns
5.1. Shipping
Shipping is available within Switzerland only.
Delivery shall be by post, rail, truck or private courier. Special handling, such as express delivery and delivery to a specific floor, is excluded and shall be assessed upon request. Information on availability and delivery times is not binding.
5.2. Right of return
Goods may be returned upon request and subject to approval by DOS Group. Fees may apply for handling the return shipment and for administrative expenses. Goods must be complete, packed in their original packaging, undamaged and free of writing or labels.
6. Payment deadlines and late payment
6.1. Invoice due dates
All invoices issued by DOS Group SA are due 30 days from the date stated on the invoice. After this period, DOS Group SA shall be entitled to charge default interest at 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 regarding non-payment) of CHF 50 for the second reminder and CHF 150 for the third reminder. If the Customer has still not paid the invoice after the third reminder, DOS Group SA reserves the right to suspend all services to the Customer (Hosting, virtual servers, Software services, SPLA and technical interventions).
7. Liability
7.1. General provisions
Limitations of liability and assumption of business risks
DOS Group excludes any warranty as to the results or quality of the services provided to the Customer under this contract. Throughout its term, DOS Group shall be liable solely for damage caused intentionally or negligently by its employees, and only in respect of the Customer’s components, installations and items on which the agreed services are performed. Liability is limited to remedying the damage by repairing or replacing the damaged item. No other compensation shall be payable for direct or indirect damage, including loss of earnings, business interruption, costs incurred or third-party claims arising from DOS Group’s services. DOS Group accepts no liability for modifications made by third parties or for their consequences.
Assumption of risks 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 claim, legal action or proceedings arising from such risks.
Limitation of liability
DOS Group shall not be liable for losses, damage or costs incurred by the Customer as a result of the Customer’s business risks, including those relating to loss of revenue and additional costs.
Insurance
The Customer shall arrange its own insurance cover for its business risks; DOS Group shall have no obligations in this respect.
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.
Severability
If any provision is invalid or unenforceable, this shall not affect the validity of the other provisions.
7.2. Liability for data
The Customer is solely and exclusively responsible for protecting its own data and making backup copies, with any liability of DOS Group being expressly excluded. As the owner of the data, the Customer remains solely responsible for it, including where infrastructure management contracts (outsourcing) are in place.
In the event of a cyberattack, DOS Group accepts no liability, since IT systems cannot guarantee absolute protection, even where security devices such as firewalls, antivirus software or other safeguards are in place.
7.3. Confidentiality and compliance with data protection requirements
DOS Group undertakes to maintain confidentiality and not to disclose confidential data and facts of which it becomes aware at the Customer’s premises, and to comply with data protection law insofar as this falls within its remit and capabilities.
DOS Group shall ensure, also undertaking responsibility for the conduct of its employees in this respect, the secrecy and confidentiality of the data, information, know-how and software made available to it for the performance of this Contract, as well as the secrecy and confidentiality of documentation of any kind belonging to the Customer or prepared by third parties (including employees and promoters) in the Customer’s interests.
7.4. Access to data
Access to data is authorised exclusively for DOS Group.
The Customer may authorise external personnel to access data for specific organisational needs. The Customer shall appoint persons responsible for the Contract and for managing technical, application-related and operational matters. DOS Group may collect data relating to the Customer’s technological infrastructure and perform interventions only at the request of the Customer’s management or the person responsible for supervision and control.
7.5. Processing of personal data
Personal data means any information relating to a natural person that enables that person to be identified directly or indirectly (e.g. first name, surname, home address and email address).
DOS Group processes personal data for the purposes of establishing, managing and performing the assignments entrusted to it, including invoicing for services.
DOS Group undertakes to process any personal data with the necessary security and confidentiality. DOS Group undertakes to retain personal data for as long as is necessary to perform the assignment, but in any event throughout the statutory retention or accounting period (10 years), or for as long as an overriding public or private interest exists. DOS Group undertakes to implement appropriate, up-to-date and proportionate security measures in accordance with the state of the art to protect personal data against loss, unauthorised modification or unlawful access by third parties.
The Customer has the right to obtain information on whether its personal data is being processed, in particular:
- To request written confirmation from the controller/processor as to whether personal data concerning the Customer is being processed and to be informed of the purposes of such processing.
- To request rectification, erasure or completion of the data, to request restriction of processing, to object to processing and to contact a supervisory authority (IFD), subject to the exceptions provided for by law (Art. 26 FADP). To the extent permitted or required by law, certain requests may be refused. DOS Group therefore reserves the right, where applicable, to retain personal data or continue processing it in another manner, notwithstanding a Customer request for erasure or restriction of data processing.
- The Customer may exercise its 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 address privacy@dos-group.com.
The Customer, its employees or other contact persons may ask questions or assert their own data protection rights or those of the persons concerned by emailing privacy@dos-group.com or writing to our registered office at Via Rime 38, 6850 Mendrisio.
8. Applicable law, entry into force and jurisdiction
8.1. Applicable law
This contract is governed by Swiss law.
Any matters not expressly provided for in this contract shall be governed by the provisions of the Swiss Code of Obligations.
8.2. Entry into force
This contract enters into force upon signature by DOS Group and the Customer.
8.3. Jurisdiction
This contract is governed by Swiss law. The courts at the place of DOS Group’s registered office shall have jurisdiction over any dispute arising from this contract or its performance.
Document revised in 2026.
