1. confidentiality and data protection
A central qualitative element of our service is data protection and information security. Callpoint AG fulfills the requirements for the processing of personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Swiss Data Protection Act (DSG).
Callpoint AG employees are obliged to maintain confidentiality. For the duration of the employment relationship, the employee may neither exploit the business secrets and other information of an internal or external nature entrusted to him or otherwise made accessible to him as a result of his work nor disclose them to third parties, competitors or other employees of Callpoint AG for whom these secrets and information are not intended.
This refers in particular, but not exclusively, to information about the business operations, corporate strategies, organization, finance and accounting and the clientele associated with the business operations of Callpoint AG or the client. Even after termination of the employment relationship, the employee remains obliged to maintain confidentiality insofar as this is necessary to protect the legitimate interests of Callpoint AG and the client.
The same applies to all information he receives about the customers of Callpoint AG, the client and their employees and third parties. He is obliged to comply with the principles of data protection and, in particular, to obtain personal data only by lawful means and not to process it in bad faith. Furthermore, he shall ensure that only correct data is processed and that the data is only processed for the purpose that was stated when it was collected or that is evident from the relevant circumstances.
The employee also undertakes to ensure data security and its protection in his work – in particular with IT resources. This includes all measures to prevent unauthorized third parties from gaining access to personal data and other business documents.
Callpoint AG undertakes to treat all recorded and entered data as strictly confidential and to transmit this data to the client as soon as the project work has been completed. Unless otherwise contractually agreed, this data will be permanently deleted from Callpoint AG’s systems three months after the end of the project. If a different time frame is agreed, this must be recorded in writing in the contract.
1.1 Right of control of the client
The Contractor authorizes the Client to inspect compliance with this agreement after timely notification and during normal business hours. For the purpose of this inspection, the Contractor shall guarantee access to the relevant premises and tolerate any necessary inspection measures by the Client. Unless otherwise agreed, the scope of free inspections shall be limited to half a working day within two years. The Contractor shall assert a claim for remuneration for any additional expenses incurred by the Contractor.
2. general conditions
2.1 Liability
The service provider shall only be liable in the event of proof of unlawful intent or gross negligence and only for direct damages. Any further claims for damages by the Client against the Service Provider are excluded to the extent permitted by law. The customer is aware that the provision of services by the service provider is dependent on the availability of the external and internal communication and transmission network and that there may therefore be temporary interruptions or restrictions in the service provided by the service provider. The service provider shall not be liable for any damages incurred by the client as a result of such interruptions or restrictions.
2.2 Faults, troubleshooting
The client shall notify Callpoint AG of any disruptions and interruptions that prevent the provision of the service immediately after becoming aware of them and, if necessary, assist in rectifying them. Callpoint AG will rectify the faults/interruptions as quickly as possible within the limits of its technical and personnel resources.
2.3 Business continuity management (BCM)
Callpoint AG’s Business Continuity Management (BCM) aims to ensure the continued provision of services even in extraordinary emergency situations, such as, but not limited to, an epidemic or pandemic. The BCM also applies in cases of ordered business closures as a result of quarantine, significant travel restrictions on public and private transport, curfews and border closures. Other cases of force majeure such as natural disasters (earthquakes, floods), civil war, war or strikes are excluded. A prerequisite for the provision of services by Callpoint AG is in any case the uninterrupted availability of the data transmission networks of the telecommunications companies in Switzerland for Internet, landline and mobile telephony as well as the power supply.
The
BCM described above assumes that the employees of
Callpoint who work for the client may work not only in one of Callpoint’s
contact centers on site, but also in the home office.
The client acknowledges that employees will also carry out their work in the
home office. If the client refuses this, business
continuity can only be guaranteed to a limited extent.
2.4 Additional services
Additional services that are commissioned separately by the client and are not part of the agreed, contractual scope of services shall be invoiced according to the following fee rates based on actual expenditure.
(Price per hour in CHF)
- Strategic consulting: 210.00
- Technical support and system management (telephony and data): 190.00
- Project management and consulting: 160.00
- Team management / order administration / statistics: 120.00
- Administrative tasks: 95.00
- Customer advisor training: 75.00
2.5 Terms of payment
All prices are net in CHF, payable within 30 days of the invoice date and exclusive of VAT. Invoices are issued monthly.
2.6 Price adjustments
Price adjustments are based 80% on the development of current wage and ancillary wage costs in accordance with the wage development of the CLA Contact and Call Center Industry and 20% on the national consumer price index. If the cost bases change after 12 months or at the end of the calendar year, Callpoint is entitled to adjust the prices according to the following key:
Percentage increase in wage and non-wage labor costs for the coming year x 0.8 plus
Percentage change in the national consumer price index over the past 12 months x 0.2
The new prices generally come into force on January 1 following prior written notification.
2.7 Entry into force, contract term and termination
The contract comes into force upon service activation and is concluded for an indefinite period. The contract can be terminated in writing by either party at the end of any month, subject to a notice period of 3 months.
2.8 Priority of application
In the event of contradictions, the individual contract shall take precedence over the GTCs.
2.9 Severability clause
Should a provision of this agreement or a supplement to this agreement be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.
2.10 Applicable law and place of jurisdiction
Swiss law is applicable. The exclusive place of jurisdiction is the registered office of Callpoint AG.