1. Introduction

Mevem IT Solutions GmbH, Feldstrasse 36, 9445 Rebstein SG (hereinafter referred to as “Mevem IT Solutions GmbH”) is an organization with the aim of digitizing SMEs in Switzerland and increasing their competitiveness.

The following general terms and conditions govern the contractual relationship between Mevem IT Solutions GmbH and its users (hereinafter referred to as “Customer”). Some applications, modules, or services available through dobierp.com may have additional terms and conditions.

2. Scope of Application

These T&Cs of Mevem IT Solutions GmbH as well as the provisions declared binding by these T&Cs and set out in addition to the T&Cs, in particular the Privacy Policy, govern the rights and obligations associated with the use of the services and products offered via dobierp.com, as well as all other domains and subdomains of Mevem IT Solutions GmbH.

These T&Cs apply to the above-mentioned areas and all other services that Mevem IT Solutions GmbH provides directly and indirectly to the customer.

3. Services

Mevem IT Solutions GmbH provides dobierp.com web-based business applications via the portal for the simple and, where possible, automated handling of administrative and other processes. Mevem IT Solutions GmbH may use third parties to provide and provide these services.

4. Registration

The offer of Mevem IT Solutions GmbH is aimed at customers from all over the world. The opening of a user account on dobierp.com or a domain operated by Mevem IT Solutions GmbH is considered the beginning of the customer relationship with Mevem IT Solutions GmbH. Mevem IT Solutions GmbH is free to reject customers in whole or in part without giving reasons. In particular, the services of Mevem IT Solutions GmbH may not be misused to comply with criminal offences. In such a case, you will be informed in accordance with Art. 9 and any payments already made will be refunded. Further claims are completely excluded.

5. Costs and prices

A subscription is created for the registration and use of dobierp.com and additional fee-based applications, modules and services can be offered and obtained via the platform. In the case of fee-based offers, the costs incurred will be pointed out before activation. Unless otherwise stated, all prices are in Swiss francs (CHF) and exclusive of any applicable value added tax (VAT).

Mevem IT Solutions GmbH reserves the right to change prices at any time. Price changes will be communicated to the customer in writing (email) and will apply to the customer from the next possible date of cancellation. The prices valid at the time of payment on the dobierp.com website apply.

5.1 Means of payment

Payments are only accepted in Swiss francs. Mevem IT Solutions GmbH reserves the right to exclude individual means of payment in general or for individual customers without justification. Furthermore, Mevem IT Solutions GmbH is entitled to levy surcharges on individual means of payment.

5.2 Credit Reports

In order to protect your legitimate interests, Mevem IT Solutions GmbH may obtain a credit check about you from third parties and pass on your customer data on payment behaviour to third parties.

5.3 Payment deadlines and default of payment

The customer undertakes to pay the invoiced amount within 30 days from the date of invoice. If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the invoice is not paid by the customer within the scheduled reminder period, the customer will automatically be in default.

In the event  of late payment, the customer will incur additional reminder fees of CHF 30 each (after 60 and 90 days).

Mevem IT Solutions GmbH reserves the right to demand advance payment at any time without giving reasons. Mevem IT Solutions GmbH has the right to restrict or discontinue the service without prior notice in the event of default in payment.

The offsetting of the invoiced amount with any claim of the customer against Mevem IT Solutions GmbH is not permitted.

6. Obligations of the customer

6.1 Exercise of rights of use

The customer undertakes to exercise the rights of use only to the extent granted. The customer is responsible for the secure storage of his access data as well as the access data of his employees. Furthermore, he is solely responsible for the content and information that he or the users set up by him or he collects, transmits or provides.

By accepting these GTC, the customer also confirms that he has unlimited legal capacity and is of legal age. By registering, the customer expressly declares that all the information provided is true, up-to-date, and does not conflict with the rights of third parties, morality and the law.

Mevem IT Solutions GmbH is entitled to control the conduct of the customer in connection with the use of the Internet platform. In particular, Mevem IT Solutions GmbH is entitled to review the legality of content recorded by the customer on the Internet platform at any time on the basis of a report received or on the basis of a court or official order. Even without a corresponding order or notification, Mevem IT Solutions GmbH is entitled to carry out random checks.

The customer must inform Mevem IT Solutions GmbH immediately of any unauthorized use or loss of his contract data.

6.2 Obligations to cooperate

The customer undertakes to immediately take all precautions necessary for the provision of the service by Mevem IT Solutions GmbH. The customer’s arrangements must be made at the agreed place, at the agreed time and to the agreed extent. This includes, among other things, the provision of appropriate information and documents to Mevem IT Solutions GmbH.

In addition, the customer is obliged to cooperate comprehensively and promptly. The customer must hand over to Mevem IT Solutions GmbH all documents and information required in connection with the provision of services without being asked, completely and correctly in terms of content. Mevem IT Solutions GmbH assumes that the information and documents provided are correct and complete and comply with the statutory obligations to cooperate and provide information. Mevem IT Solutions GmbH is only responsible for checking the accuracy and regularity of documents, information and figures of the customer if this has been agreed in writing in advance.

7. Obligations of Mevem IT Solutions GmbH

7.1 Provision of services

Mevem IT Solutions GmbH fulfils its obligation, unless otherwise agreed, by providing the agreed service. Most of the services of Mevem IT Solutions GmbH are provided online. For all other services, the registered office of Mevem IT Solutions GmbH shall be deemed to be the place of performance, unless otherwise agreed.

7.2 Assistants

In order to fulfil the contractual obligations, the parties expressly have the right to call in assistants. The parties undertake to ensure that the involvement of the assistants is carried out in compliance with all mandatory legal provisions and any collective employment agreements.

7.3 Support

Support requests can be submitted to Mevem IT Solutions GmbH via the channels mentioned on the website (e.g. email). Mevem IT Solutions GmbH processes the requests as soon as possible, after the time of their receipt, during business hours.

8. Hosting and Data

8.1 Hosting

Hosting is done with a hosting provider based in Switzerland. Mevem IT Solutions GmbH provides the customer with storage space on the server. Mevem IT Solutions GmbH reserves the right to limit the size of the free storage space and, if necessary, to offer additional storage space as a paid option.

8.2 Data

Customer’s property

The ownership of the data collected by the Customer or users created by the Customer (hereinafter “Customer Data”) remains with the Customer.

The customer has the right to demand the complete deletion of all customer data that is clearly attributable to him. In the event of a corresponding request by the customer, Mevem IT Solutions GmbH will delete the customer data within 30 days, unless it is obliged to retain it by legal provisions.

Export

The customer has the option of requesting the export of all his customer data once when canceling his customer profile. Mevem IT Solutions GmbH exports the data and makes it available to the customer within 60 days. Mevem IT Solutions GmbH reserves the right to invoice special requirements for export separately. After the data has been handed over to the customer, it is permanently deleted from the system.

In the event of termination of individual modules, applications or deletion of the user account, Mevem IT Solutions GmbH has the right to completely delete the associated data after at least 14 days after the end of the contract.

9. Term and Changes to the Services

The products and offers of Mevem IT Solutions GmbH are constantly being improved and supplemented. This means that functions or products can be added or removed on an ongoing basis, or complete services can be completely suspended or terminated. Mevem IT Solutions GmbH strives to, but is not obligated, to inform customers in advance of upcoming changes or the termination of services.

In order to conserve the resources of Mevem IT Solutions GmbH and to avoid “dead accounts”, unpaid subscriptions are automatically deleted after 45 days of uninterrupted inactivity. The data collected for these applications is lost as a result. The customer will be informed several times (after 30, 40 and 43 days) of the impending deletion.

Dobierp.com account

This Agreement may be terminated at any time by the complete deletion of the User Account. Unless otherwise specified notice periods for an installed application, the termination will also take place by deleting the respective application.

Mevem IT Solutions GmbH is also free to terminate the contract if this agreement or other provisions are not complied with, or if there are other reasons beyond the control of Mevem IT Solutions GmbH. This right also includes the deactivation or deletion of an account due to inactivity.

10. Responsibility and Reporting Procedures for Inadmissible Content

The Customer is solely responsible and liable for the content that the Customer uploads, publishes or processes in the context of the use of the services of Mevem IT Solutions GmbH. If the customer has set up additional users, he is also liable for the content that has been uploaded to the server by these users or published in any other way via dobierp.com.

Calling up and offering content that violates the law or custom, that violates the rights of third parties (e.g. copyright, trademark or personal rights) is not permitted. This applies equally to the linking of such content offered by third parties.

10.1 Notification procedure

Mevem IT Solutions GmbH is not obliged to monitor the content uploaded or published by customers. However, after receiving a corresponding notification of a violation, it will carry out a review of the content. This can be done on the basis of an order from a court or authority, as well as through the transmission of a report by a third party affected by the infringement of rights. Even without a corresponding notification, Mevem IT Solutions GmbH is entitled to carry out random checks.

Form and content

Such a notification must contain the following points:

• Sender’s name and address
• Reason why the sender is affected more than the general public (this does not apply to official offences)
• The exact URL of the offending page
• Description of what he considers to be inadmissible content
• Reason why the content is inadmissible

Mevem IT Solutions GmbH checks incoming reports for their form and reports to the sender within 2 working days if something is missing. If the sender does not complete the information, or if the report still does not meet the requirements, the report will not be processed further.

Expiration

If the report meets the criteria, Mevem IT Solutions GmbH usually informs the affected customer and the sender of the message within 2 working days. The customer then has the opportunity to correct the objected points or to make a statement to the sender regarding the legality of the content.

If the situation is not remedied or clarified by agreement within a reasonable period of time, Mevem IT Solutions GmbH may, at its sole discretion, block access to the contents of the affected account in whole or in part. The activation only takes place when the matter has been clarified by an agreement or an official decision (court or authority).

If a report meets all the above criteria and there is also a high probability of a violation, Mevem IT Solutions GmbH can block access even without prior notification and reaction time until the case has been clarified. This also applies if Mevem IT Solutions GmbH could hold itself civilly or criminally liable.

The standard for assessing the completeness of the report, as well as for the discretion with regard to blocking access, is that of a legal layman.

11. Use of dobierp.com

During the term of the contract, the customer receives the non-exclusive and non-transferable right to use the software provided on dobierp.com. The copyright, trademark rights and all other property rights to the software or other objects remain exclusively with Mevem IT Solutions GmbH. In particular, the customer is not entitled to reproduce the software or parts thereof or to make them available to third parties, unless this has been explicitly agreed otherwise.

12. Warranty

Mevem IT Solutions GmbH strives to ensure good availability of dobierp.com and takes reasonable precautions to protect dobierp.com from interference by third parties.

However, Mevem IT Solutions GmbH cannot guarantee the uninterrupted and trouble-free functioning of dobierp.com and the services offered, nor can it guarantee that the files are virus-free. Mevem IT Solutions GmbH does not guarantee the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information, documents and processes as well as the work result of the services. Furthermore, Mevem IT Solutions GmbH cannot guarantee that the use of the Service (through spamming, malicious software, spyware, hackers or phishing attacks, etc.) will not be impaired, nor will the Customer’s infrastructure be damaged or otherwise harmed to him. Any problems or defects must be reported to Mevem IT Solutions GmbH immediately.

13. Data protection

You will be informed in detail about the type, scope and purpose of the collection, processing and use of the personal data required for the execution of the orders by Mevem IT Solutions GmbH in the privacy policy. The privacy policy of Mevem IT Solutions GmbH in connection with dobierp.com is an integral part of these Terms and Conditions. By accepting these Terms and Conditions, you also agree to the Privacy Policy.

14. Liability

Any claims for damages arising from impossibility of performance, breach of contract, fault at the conclusion of the contract and tort are excluded against Mevem IT Solutions GmbH, unless intentional or grossly negligent action has been committed. Liability for slight negligence is explicitly excluded. Liability for indirect and indirect damages and consequential damages and lost profits resulting from use, error or failure to perform is excluded. Liability for direct damages is limited to the sum of the fees paid by the customer within the last 12 months prior to the occurrence of the damage. This limitation of liability does not apply to direct damage caused by gross negligence or intent.

The customer is obliged to notify Mevem IT Solutions GmbH immediately of any damages.

Any liability for auxiliary persons is completely excluded.

15. Intellectual Property Rights

All rights to services and products as well as any trademarks belong to Mevem IT Solutions GmbH or it is entitled to use them by the owner. Neither these T&Cs nor related agreements contain the transfer of intellectual property rights, unless explicitly stated. In addition, any further use, publication and making available of information, image and text material as well as anything else that the customer receives in connection with these provisions is prohibited, unless it is explicitly approved by Mevem IT Solutions GmbH. If the customer uses content, images or text material in connection with Mevem IT Solutions GmbH to which third parties have a property right, the customer must ensure that no third party property rights are infringed.

16. Severability

If any provision of these T&Cs or any appendix to this Agreement is invalid or ineffective, this shall not affect the validity of the remaining provisions and these T&Cs as a whole. The contracting parties shall replace an 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 gaps in the contract.

17. Amendment to the Terms and Conditions

Mevem IT Solutions GmbH reserves the right to change these T&Cs at any time. The new version of the GTC comes into force upon publication on the website of Mevem IT Solutions GmbH.

The version of the GTC valid at the time of user creation is decisive for the customer. If the customer makes use of fee-based offers, the applicable version of the GTC shall apply in this regard, which cannot be unilaterally changed for this order.

18. Priority

These T&Cs take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these T&Cs take precedence over these T&Cs.

19. Confidentiality

Both parties and their assistants undertake to treat confidentially all information submitted or acquired in connection with the services. This obligation remains in force even after the termination of the contract.

20. Force majeure

If the timely performance by Mevem IT Solutions GmbH, its suppliers or third parties involved is delayed as a result of force majeure (e.g. natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, wars, riots, civil wars, revolutions, insurrections, terrorism, sabotage, strikes, nuclear accidents or reactor damage), Mevem IT Solutions GmbH shall be exempt from fulfilling the affected obligations during the duration of the force majeure as well as a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, Mevem IT Solutions GmbH may withdraw from the contract. Remuneration already paid must be reimbursed in full by Mevem IT Solutions GmbH.

Any further claims, in particular claims for damages due to force majeure, are completely excluded.

21. Place of jurisdiction and applicable law

These T&Cs and the entire legal relationship between Mevem IT Solutions GmbH and the Customer shall be governed by Swiss law to the exclusion of the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the extent permitted by law, the registered office of Mevem IT Solutions GmbH shall be deemed to be the place of jurisdiction. Otherwise, the place of jurisdiction is the place of residence of the customer.

 

Last update: 10.07.2025