A. General part
A.1 Application of the GTC and subject matter of the contract
These General Terms and Conditions ("GTC") govern the relationship between Prime Time AG (hereinafter referred to as "Prime Time"), based in Pratteln BL, and its customers (hereinafter referred to as "Customer"). The customer's general terms and conditions do not apply.
These GTC are an integral part of every contract between Prime Time and the customer. The subject matter of the contract may be
- Goods such as hardware and software (Section B. Provisions for deliveries of goods),
- services, such as consulting, installation work, maintenance and support (Section C. Provisions for services) and
- Streaming Services (Section D. Provisions for Streaming Services),
which Prime Time offers online, in offers or verbally. Sections B, C and D shall only apply if such services have been agreed or accepted or put into operation by the customer and, in the event of contradictions, shall take precedence over Section A. General Part.
A.2 Conclusion of contract
The contract between the customer and Prime Time is concluded by the customer's order (via Prime Time website, e-mail) and the subsequent order confirmation (via Prime Time website, e-mail) from Prime Time.
A.3 Prices
The prices in our quotation and in our order confirmations are generally binding. However, we reserve the right to make significant errors and technical changes.
Our prices are quoted in Swiss francs (CHF) excluding VAT, copyright fees, the advance recycling fee (VRG) or delivery conditions.
A.4 Terms of payment and retention of title
The purchase price must be paid by invoice, prepayment, PayPal or credit card (Postcard, Visa, Mastercard and Maestro card). We reserve the right to grant other payment methods and terms of payment for large orders. The payment period is 10 days. After this period has expired, the customer will receive a reminder and must settle the invoice within 5 days. In the event of non-payment of the outstanding invoice, default interest of 5% will be charged from the date of issue of the reminder. The delivered goods remain the property of Prime Time until full payment has been made or the streaming service is interrupted until full payment has been made.
A.5 Warranty
Prime Time performs all services with reasonable care.
A.6 Acceptance
Deliveries of goods and services shall be deemed to have been accepted without written notification of defects by the customer within 10 days of receipt.
A.7 Dates, deadlines and default
Prime Time's dates and deadlines are non-binding unless they are expressly designated as binding. Binding deadlines are extended if they are not met for reasons beyond Prime Time's control. If Prime Time has not met a deadline for reasons for which Prime Time is solely responsible, Prime Time is in default and the customer must set Prime Time a reasonable deadline for rectification in writing. If the rectification also fails within the deadline, the customer may refuse acceptance in writing in the case of a service (Section C). Beyond the provisions described here, the customer shall have no further claims arising from default.
A.8 Obligations of the customer to cooperate
The customer must support Prime Time free of charge in the provision of the services, in particular by providing the necessary information, by creating the technical prerequisites for the use of the services and, in the case of installation by Prime Time, by granting access to the customer's premises and installations. Prime Time will inform the customer of such requirements, unless they can be assumed to be generally known.
A.9 Liability
Prime Time's liability is limited to foreseeable damages. Prime Time's total liability is limited to the amount of remuneration received under the individual contract. Prime Time's liability for indirect damages, such as loss of profit, loss of savings, additional expenses incurred and immaterial damages is excluded. However, the above limitations of liability do not apply in the case of intent and gross negligence, in the absence of a quality for which Prime Time has assumed a guarantee, in the case of liability for personal injury and for liability under the Product Liability Act / Product Liability Act.
A.10 Data protection
Customer data is collected, processed and used in accordance with the provisions of the Swiss Data Protection Act. Customer data is only used in strict confidence within Prime Time and is not passed on to third parties. Prime Time endeavors to ensure data security to the best of its ability. Customers can request information about their personal data at any time.
A.11 Intellectual property
The contents of the www.primetime.ch website are protected by copyright, i.e. every design, text and graphic may not be reproduced or misused for other commercial purposes without the consent of Prime Time. Unless the customer uses the information to place an order with Prime Time.
A.12 Withdrawal from the contract
The customer may only withdraw from the contract in the event of irremediable technical complications or by mutual agreement. Prime Time may withdraw from the contract if the customer breaches a material contractual obligation, e.g. fails to provide material cooperation or fails to pay for the services. Withdrawal must be made in writing.
A.13 Place of jurisdiction
All obligations are subject exclusively to Swiss law. The place of jurisdiction and place of performance is 4133 Pratteln BL. For customer convenience, Prime Time may appeal to the court at the customer's place of residence.
A.14 Final provisions
Should individual points of these GTC be invalid, this shall not affect the validity of the remaining provisions. Prime Time reserves the right to amend the GTC at any time without prior notice. The GTC at the time of conclusion of the contract with the customer shall apply exclusively.
Section B. Special provisions for deliveries of goods
B.1 Delivery conditions and shipping costs
Shipping is at the expense and risk of the customer. Where possible, the delivery costs are explicitly stated in the offer or it is pointed out that delivery costs may be incurred. Delivery and customs services are listed separately on the invoice. If an item is not available, Prime Time will inform the customer immediately and both parties can withdraw from the contract. Any delays in delivery by the shipping company do not justify any claims for damages or a right to withdraw from the contract. If a parcel cannot be delivered by the post office, it will be stored at the responsible post office for seven days. Prime Time charges a handling fee of CHF 50 / Euro 50 in the event of refusal of acceptance and impossibility of delivery and charges the customer for all postage costs incurred. If required, Prime Time will deliver the goods and install them for the customer on site or have these services carried out by a partner.
B.2 Warranty
Prime Time supplies its own products and brand-new products from other manufacturers in original brand quality. A general warranty period of 12 months from the date of purchase applies to all products, unless a different period is expressly stated. Within the warranty period,
reserves the right to provide Prime Time with an equivalent replacement item in settlement of the warranty claims in the case of items that cannot be repaired or are no longer available. The replacement or exchange items do not entitle to any warranty extension, i.e. the first date of purchase is binding.
B.3 Notice of defects and right of return
In the event of technical problems, the instructions for use supplied in written and electronic form should be read first. For further support, the customer can contact Prime Time at support@primetime.ch or by telephone on +41 61 901 73 55.
Complaints must be made in writing to our customer service department at mail@primetime.ch or by telephone on +41 61 901 73 55 within 5 days of the date of purchase.
In the event of defects within the warranty period, the customer must return the product to Prime Time with the original proof of purchase and a precise description of the defects immediately after becoming aware of the defect. In the case of returns, the product must arrive at Prime Time either in its original packaging or in perfect packaging. Otherwise the warranty will be void.
If the purchased goods are returned within 14 days in perfect condition and in the original packaging, Prime Time will refund the full purchase amount.
The customer bears the costs for the return shipment.
In principle, the following items are NOT eligible for return:
- products that were not purchased during Prime Time,
- used products,
- opened products,
- scratched extension cards,
- used extension cards.
Section C. Special provisions for services
C.1 Warranty
Prime Time performs all services with reasonable care. There is no responsibility for results in the sense of a work. Services are not subject to a guarantee.
C.2 Offsetting
Unless otherwise agreed, services are charged according to actual expenditure; a fixed price can also be agreed by written agreement. Invoicing takes place on a monthly basis or after completion of the work.
C.3 Termination
Services can be terminated at any time with a notice period of 30 days.
Prime Time offers a chargeable maintenance service for some goods and installations (on request?). In this case, Prime Time can be requested by the customer for technical support in the event of problems and malfunctions.
C.4.1 Availability and response time
Maintenance and support is available during normal office hours from Monday to Friday. 08:00 - 12:00 and 13:00 to 17:00.
Prime Time responds to inquiries by email support@primetime.ch Phone +41 61 901 73 55 with a response time of best effort. This means that inquiries are processed according to the availability of service personnel. Neither a response time nor a resolution time is promised. However, support will be provided within a reasonable period of time.
C.4.2 Warranty maintenance and support
Maintenance and support is a support service provided by qualified personnel. Success is not owed.
C.4.3 Term
If maintenance and support have been ordered by the customer, this shall commence upon delivery of the goods or upon installation by Prime Time. The contract term is agreed individually, but is at least 36 months.
If a minimum term has been agreed, maintenance shall be extended by a further year after expiry if it is not terminated three months in advance of the end of the contract term.
C.4.3 Offsetting
Maintenance is invoiced annually in advance after commissioning.
Section D. Special provisions for streaming services
D.1 Prime Time Hospitality Service
The Prime Time Hospitality Service is a streaming service from TV broadcasters and a management platform for institutions that act as service providers for their customers (hotels, retirement homes, clinics, apartment providers, prisons, etc.). The TV content is received centrally during prime time via generally available TV satellites or directly via the Internet from the broadcasters and transmitted to the customer via an Internet connection. The Prime Time service therefore includes the reception of the TV satellite signals, their conversion into a TV Internet stream, the feed into the Internet and, depending on the architecture, provision on Prime Time's own applications
D.2 Requirements for the Prime Time Hospitality Service
The Prime Time Hospitality Service comprises exclusively the provision of the ordered TV channels and requires an Internet connection of the customer as well as various customer-side hardware components and/or network infrastructure that are not part of the Prime Time streaming service. Unless supplied by Prime Time, Prime Time is not responsible for such hardware or network components installed at the customer's premises or for failures and malfunctions of the Internet transmission link from Prime Time to the customer or the TV satellite transmission of the generally available TV satellites.
D.3 Term of Prime Time Service subscription / PremiumPlus Service package
Unless otherwise agreed, the term of the service is 60 months and is automatically extended by a further 12 months if the service is not terminated three months before the end of the term. The start and term are agreed in writing. However, the start shall begin at the latest from the first use of the streaming service by the customer and shall end at the earliest after the last use by the customer.
D.4 Right to use the streaming content by the customer
The use of the TV signals received is generally subject to the provisions and restrictions of the original TV satellite signal or corresponding copyright collecting societies.
The TV streaming service may only be used for the customer's own internal business purposes on their premises. The right of use is not transferable to third parties. Forwarding to third parties is not permitted.
D.5 License and usage fees for TV content, third-party property rights
The customer is responsible for informing himself about any license or usage fees due to GEMA or other rights holders and for paying these. Prime Time shall inform the customer immediately in the event of a claim by a third party against Prime Time for use or in the event of an infringement of third-party property rights by the customer. Upon first request, the customer shall indemnify Prime Time against any claims by third parties in relation to license or usage fees caused by the customer and in relation to all costs incurred, such as, but not limited to, legal fees and court costs incurred in connection with the legal defense of such claims.
D.6 Availability and quality of the streaming service
The streaming service may be subject to temporary disruptions and interruptions. Prime Time does not guarantee uninterrupted operation of the streaming service. For example, conditions for the service for which Prime Time is not responsible in accordance with Section D.2 "Conditions for the Prime Time Hospitality Service" may be the cause of a disruption or non-availability, or temporary disruptions may occur at Prime Time or maintenance work may be required for a limited period of time. Prime Time will ensure appropriate availability and quality of the TV streaming service within its area of responsibility.
D.7 Troubleshooting and costs incurred
If the customer makes use of the Prime Time Service in the course of an existing disruption and the cause of the disruption lies within the customer's sphere of influence (see Section D.2 "Requirements of the Prime Time Hospitality Service"), Prime Time reserves the right to charge the customer for any expenses incurred at an hourly rate of CHF 190.
D.8 Liability
Prime Time is only liable for direct and foreseeable damages. Liability in the event of slight negligence is limited to the service fees paid by the customer to Prime Time in the last 12 months for the TV streaming service concerned. Prime Time's liability for indirect damages, consequential damages, loss of profit and loss of revenue is excluded. This limitation of liability does not apply in cases of gross negligence, intent, personal injury or violation of the Product Liability Act.