General terms and conditions

1. Scope

These general terms and conditions (GTC) apply to all quotes, deliveries and services of Miliko GmbH (hereinafter «Miliko») to its customers (hereinafter «Customer»), in particular in the areas of fiduciary services (SwissTREUHAND), POS and payment solutions (SwissPOS, SwissPOS & Payments), ERP and CRM (SwissCRM & ERP), video surveillance (SwissCCTV), digital signage (SwissSIGNAGE), remote maintenance (SwissDESK), IPTV and telecoms (SwissMedia TV) and consulting. Deviating terms of the Customer only apply if Miliko has agreed to them in writing.

2. Quotes and conclusion of contract

Quotes from Miliko are valid for the period stated in them, or for 30 days if none is stated. A contract is concluded when the Customer confirms the quote in writing (including by email or electronic signature) or when performance of the services begins. The following apply in this order: the individual contract or quote, any service descriptions and these GTC.

3. Services

The scope and content of the services are set out in the quote or contract. Miliko performs its services with care and in line with the current state of the art. Miliko may engage third parties to perform the services. For products and services of third-party providers (e.g. payment processing, telephony, software licences), their terms also apply.

4. Customer cooperation

The Customer provides Miliko in good time with all information, documents, access and premises required to perform the services. For fiduciary services, the Customer is responsible for the completeness and accuracy of the receipts and information provided. Delays or additional work caused by a lack of cooperation are borne by the Customer.

5. Prices

All prices are in Swiss francs (CHF) and, unless otherwise stated, exclusive of statutory VAT. Time-and-material services are charged at the rates valid at the time they are performed. Expenses and travel are charged according to the quote.

6. Payment terms

Invoices are payable within 30 days of the invoice date without deduction, unless otherwise stated on the invoice. Recurring services (e.g. subscriptions, maintenance, licences) are invoiced in advance. Once the payment period has expired, the Customer is in default without a reminder; Miliko may charge default interest of 5% and reminder fees and, after an unsuccessful reminder, suspend services until payment is made.

7. Delivery of hardware

Delivery dates are non-binding unless expressly agreed as binding. Benefit and risk pass to the Customer upon handover or installation. Delivered goods remain the property of Miliko until paid in full; Miliko is entitled to have the retention of title entered in the register.

8. Warranty

The Customer inspects delivered goods and services performed promptly and reports defects in writing within 8 days; hidden defects immediately upon discovery. For defects reported in time, Miliko will remedy them or provide a replacement. The manufacturer's warranty applies to hardware; Miliko supports the Customer in processing it. Further warranty claims are excluded to the extent permitted by law.

9. Liability

Miliko is liable for damage it causes intentionally or through gross negligence. Liability for slight negligence, consequential damage, loss of profit, data loss and for auxiliary persons is excluded to the extent permitted by law. Miliko is not liable for outages or faults of third-party networks, services and products. The Customer is responsible for regularly backing up its data, unless this has been expressly agreed as a service of Miliko.

10. Fiduciary mandates

For fiduciary services, the provisions on simple agency (Art. 394 et seq. CO) apply additionally. Miliko prepares accounts, statements and closings on the basis of the documents supplied by the Customer; responsibility for the annual financial statements and tax return lies with the Customer. Miliko can only meet deadlines set by authorities and social insurance institutions if the documents are available in good time.

11. Term and termination

Contracts for recurring services (e.g. maintenance, support, licences, subscriptions) apply for the minimum term stated in the quote. Unless otherwise agreed, the minimum term is twelve months; thereafter the contract is extended by a further twelve months each time unless terminated in writing with three months' notice to the end of the term. Mandatory statutory termination rights remain reserved.

12. Confidentiality and data protection

Miliko treats all Customer information confidentially and processes personal data in accordance with the Swiss Federal Act on Data Protection. Details are set out in the Privacy policy. Where Miliko processes personal data on behalf of the Customer, it does so exclusively to fulfil the assignment.

13. Final provisions

Amendments and additions must be made in writing. Should any provision of these GTC be invalid, the validity of the remaining provisions is unaffected. Miliko may amend these GTC; for existing contracts the new version applies unless the Customer objects within 30 days of notification.

Swiss law applies exclusively, excluding the Vienna Convention on the International Sale of Goods (CISG). Place of jurisdiction is Zurich.

Version: October 2026. Translation for information only; only the German version is legally binding.