1. Subject matter
These terms govern the use of Mandatfeed, an application by IT Hub GmbH for managing addresses, mandates and search profiles in the real estate business. They apply between IT Hub GmbH and the agency using Mandatfeed - not towards individual employees.
2. Conclusion
The contract comes about in one of two ways. Either through an individual contract with IT Hub GmbH by which a tenant is activated; where it deviates from these terms, it prevails. Or through self-registration on mandatfeed.ch: the contract comes into being once the e-mail address is confirmed and the form with company, address, password and acceptance of these terms has been submitted - not already by entering the e-mail address. Whoever registers warrants to be entitled to act for the company and becomes its first administrator.
3. Trial period
A self-registered company starts with a trial period of 60 days, free of charge, with all features and no limit on users. No payment details are collected. Nothing turns into a paid relationship by itself. If the trial ends without the company having said yes, it becomes read-only: viewing and exporting remain possible, adding and changing do not. The data remains stored for 60 days from the end of the trial; the company is warned by e-mail 30 days before deletion. IT Hub GmbH may extend the trial on request. The paid relationship arises when an administrator of the company confirms in the application under Administration → Company with «Continue with Mandatfeed» that the company wishes to keep using Mandatfeed, accepting these terms in doing so - not by lapse of time, not by silence. It starts on the day after the trial or, if the trial is over, on the day of confirmation. An individual contract (section 2) takes precedence.
4. Right of use
For the term of the contract the agency receives a non-exclusive, non-transferable right to use Mandatfeed for its own business. Not permitted are: passing on to third parties, sub-letting, reverse engineering and operating a copy of its own.
5. Accounts and passwords
Every person receives an account of their own. Shared accounts are not permitted - they make impossible what this application promises in many places: to show who did something. The agency manages the accounts of its staff itself and blocks them on departure. Passwords must be kept secret; any suspicion of misuse must be reported without delay.
6. Who owns the data
The data entered belongs to the agency. IT Hub GmbH acquires no rights in it, does not use it for its own purposes and does not pass it on. It processes the data solely in order to provide the application. Details are in the privacy policy.
7. Availability
IT Hub GmbH operates Mandatfeed with the care of a specialist, but owes no uninterrupted availability. Maintenance is carried out outside business hours where possible and announced if it noticeably interrupts operation.
8. Support
Reports of faults and questions on use are received by IT Hub GmbH through the reporting function built into the application and through the address at the end of this page. Scope and response times follow the individual contract.
9. Fees
The fee depends on the number of user accounts of the company and is invoiced per company and month. The price per user and month is stated on the Pricing page - these terms deliberately name no amount: two places for the same price would be two truths. Price changes are announced like changes to these terms (section 12). Under an individual contract, its provisions apply.
10. Liability
IT Hub GmbH is liable for damage caused by intent and gross negligence. Liability for slight negligence, for lost profit and for indirect damage is excluded as far as the law permits. The agency remains responsible for the accuracy of its data and for keeping its own copies of important analyses.
11. End of contract
The paid relationship can be terminated by either side without giving reasons: the company in the application under Administration → Company with «Cancel», IT Hub GmbH by e-mail to the company. The termination takes effect at the end of the calendar month that lies at least 30 days after the termination; until then everything continues, and until then it can be withdrawn in the application. The company gets its data itself at any time: under Administration → Company it creates a full export - all tables as CSV and all files in one archive -, also after the end of the contract and after a trial has expired, as long as the data is stored; with a very large holding, IT Hub GmbH hands over the archive on request on a storage medium. Deletion takes place 60 days after the end, unless a statutory retention obligation prevents it; the company is warned by e-mail 30 days beforehand.
12. Changes
IT Hub GmbH may amend these terms. Changes are announced at least 30 days in advance. If the agency does not object before they take effect, they are deemed accepted; if it objects, either party may terminate as of that date.
13. Governing law and place of jurisdiction
Swiss law applies, excluding its conflict-of-law rules and the Vienna Sales Convention. The place of jurisdiction is the domicile of IT Hub GmbH, Zürich.
Provider
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