01
Scope
1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all contracts and services provided by systemlink GmbH, Seeguetstrasse 8, 8804 Au ZH (hereinafter “systemlink”) to its customers (hereinafter “Customer”).
1.2 The General Terms and Conditions are aimed exclusively at companies, self-employed people, authorities and legal entities. A contract is not concluded with consumers within the meaning of consumer protection law.
1.3 Conditions of the customer that conflict with or deviate from these General Terms and Conditions will only become part of the contract if systemlink expressly agrees to their validity in writing.
02
Services and subject matter of the contract
2.1 systemlink provides services particularly in the areas of marketing and tracking infrastructure (e.g. Google Tag Manager, Server-Side Tagging, Google Analytics 4, Meta Conversions API), CRM systems, process and fulfillment automation as well as individual AI and software solutions.
2.2 The binding scope of services results from the respective offer, the order confirmation or the project contract (hereinafter “individual contract”). In the event of contradictions, the individual contract takes precedence over these General Terms and Conditions.
2.3 Information on the website, in brochures or in ROI forecasts is non-binding and does not represent guaranteed properties.
Use of Google data by systemlink Marketing Ops (Internal Tool)
systemlink Marketing Ops accesses data from Google Ads, Google Analytics and Google Tag Manager after the user’s explicit authorization. Access is used to review, manage and optimize advertising accounts, tracking configurations, campaigns, conversion actions and related reports for our customers.
Depending on the permissions granted, the application can read data as well as make authorized changes in the connected accounts. Google access data and refresh tokens are stored protected and only used to provide the agreed services.
Google user data is not sold and is not used for independent advertising purposes. Data will only be passed on to commissioned technical service providers to the extent that this is necessary for the operation, hosting and security of the application, or if there is a legal obligation.
Access can be revoked at any time through the Google Account security settings. After the collaboration has ended or upon request, stored OAuth access data and Google data that are no longer required will be deleted, provided there are no legal retention obligations to the contrary.
The use and transfer of information obtained through Google APIs is in accordance with the Google API Services User Data Policy, including the limited use requirements.
03
Offer and conclusion of contract
3.1 A non-binding initial consultation or audit does not constitute a contract.
3.2 Offers from systemlink are subject to change and, unless otherwise stated, are valid for 30 days.
3.3 The contract is concluded through a written order confirmation from systemlink or through the countersigning of the offer by the customer. Communication via email is considered written.
04
The customer’s obligation to cooperate
4.1 The customer provides systemlink with all information, data, content, access (e.g. to accounts, systems, platforms) and contact persons required for the provision of the service in a timely and complete manner.
4.2 The customer is responsible for the legality of the data and content provided by him and ensures that their processing by systemlink is permitted.
4.3 Delays or additional expenses resulting from lack of or delayed cooperation are borne by the customer and may be invoiced additionally.
05
Dates and deadlines
5.1 Dates and deadlines are only binding if they have been expressly agreed to be binding in writing. Specified implementation periods (e.g. guideline values for project duration) are non-binding estimates.
5.2 Events outside systemlink’s sphere of influence as well as failure to cooperate on the part of the customer extend agreed deadlines appropriately.
06
Provision of services and involvement of third parties
6.1 systemlink generally provides its services remotely. systemlink is entitled to bring in suitable third parties and subcontractors to fulfill its services.
6.2 systemlink carefully selects third parties used. The liability provisions of these General Terms and Conditions (Section 13) apply to their contractual performance.
07
Prices and payment terms
7.1 Unless otherwise stated, all prices are in Swiss francs (CHF) and plus any statutory VAT and expenses.
7.2 Unless otherwise agreed, invoices are payable without deductions within 14 days of the invoice date.
7.3 For recurring services (e.g. support, monitoring, ongoing optimization), billing occurs periodically in advance. systemlink can demand appropriate advance payments or partial payments (milestones) for projects.
7.4 In the event of late payment, systemlink is entitled to charge default interest of 5% p.a. a. as well as to demand reminder fees and to suspend further services until full payment has been made.
7.5 Offsetting against counterclaims is only permitted if they are undisputed or legally established.
08
Acceptance
8.1 If work services are owed, the customer checks the work result after provision and declares acceptance within 14 working days. The service is also deemed to have been accepted if the customer uses it productively or does not report significant defects in writing within the deadline.
09
Rights of use and intellectual property
9.1 After full payment of the agreed remuneration, the customer receives a simple, non-exclusive and non-transferable right to use the work results created for him for the contractually intended purpose.
9.2 systemlink retains all rights to pre-existing know-how, concepts, methods, templates, libraries and reusable components. systemlink may continue to use such know-how for other projects.
9.3 The respective license conditions of the providers apply to open source or third-party software used.
10
Confidentiality
10.1 The parties will treat all non-public information received as part of the collaboration as confidential and will only use it for the purposes of the contract. This obligation continues beyond the end of the contract.
11
Data protection and order processing
11.1 Both parties comply with the applicable data protection regulations, in particular the revised Swiss Data Protection Act (revDSG) and, where applicable, the EU General Data Protection Regulation (GDPR).
11.2 If systemlink processes personal data on behalf of the customer, the parties conclude a separate contract for order processing (AVV/ADV), which takes precedence over conflicting provisions of these General Terms and Conditions.
12
Warranty and defects
12.1 systemlink provides its services professionally and with due care.
12.2 The customer reports any visible defects immediately, at the latest within the acceptance period, in writing and comprehensibly. systemlink has the right to make improvements within a reasonable period of time.
12.3 systemlink provides no guarantee for a specific economic success (in particular ROI forecasts), for the long-term availability, function or guidelines of third-party platforms (e.g. Google, Meta, Microsoft) or for impairments resulting from changes to their interfaces (APIs) or terms of use.
13
Liability
13.1 systemlink is liable without limitation for damages resulting from intent and gross negligence as well as injury to life, body and health.
13.2 In the event of slight negligence, systemlink is only liable for contract-typical and foreseeable damages; In this case, the total liability is limited to CHF 5,000.
13.3 Liability for indirect damages and consequential damages, lost profits and loss of data is excluded to the extent permitted by law. The customer is responsible for regularly backing up his data.
13.4 systemlink is not liable for services, failures or changes from third-party providers and platforms. Any liability for assistants (Art. 101 OR) is excluded to the extent permitted by law.
14
Term and termination
14.1 Project contracts end when the agreed services have been fully provided.
14.2 Contracts for recurring services (e.g. support and optimization) have a term of at least 6 months and can be terminated in writing with 1 month’s notice to the end of the term. Without termination, they are extended for the same period.
14.3 The right to extraordinary termination for good cause remains reserved. If the contract is terminated, the services provided up to that point must be compensated.
15
Force majeure
15.1 Events of force majeure (e.g. natural events, failures of communication networks or third-party platforms, official measures) release the affected party from the obligation to perform for their duration. Delays resulting from this do not give rise to claims for damages.
16
Use as a reference
16.1 systemlink is entitled to name and logo the customer as a reference (e.g. on the website and in presentations), unless the customer objects to this in writing.
17
Changes to these Terms and Conditions
17.1 systemlink can adapt these terms and conditions. For current long-term contracts, changes will be communicated to the customer; They are considered approved if the customer does not object in writing within 30 days. The current version applies to new contracts.
18
Final provisions
18.1 Changes and additions must be made in writing; Email is sufficient unless expressly stated otherwise.
18.2 If individual provisions of these General Terms and Conditions are invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a permissible regulation that comes as close as possible to the economic purpose.
18.3 The customer may only transfer rights and obligations from the contract to third parties with the prior written consent of systemlink.
18.4 Swiss law applies exclusively, excluding conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
18.5 The exclusive place of jurisdiction, to the extent permitted by law, is the registered office of systemlink GmbH, place of jurisdiction is Zurich. systemlink is also entitled to prosecute the customer at his headquarters.
As of: 07_2026