Terms of use Easydam.ch - brix - DAM solutions - brix - Basel/Allschwil

General conditions

  • With easyDAM.ch, brix IT Solutions (hereinafter «brix») provides a customer area on a Bynder SaaS instance. All easyDAM.ch customers share one single DAM system. User accounts are only created by brix. In doing so, brix only sets the user name and the e-mail address. The user receives a link to set his personal password. No customer receives administrator access to easyDAM.ch
  • Access to easyDAM.ch is provided by means of the Bynder login data (user name and password). All users are responsible for the choice and protection of their login data. Should unauthorized use be detected by users, it is their responsibility to notify brix.
  • All users are liable for the account use by means of their login data. This applies in particular to files that are uploaded or downloaded or sent via share link. Each access, which takes place through a successful authentication, is registered and is considered as use by an authorized user. brix cannot be held liable for damages caused by the misuse of the access data.
  • Access data is personal and may not be passed on. Each access may only be used by the registered user.
  • As a customer representative, you acknowledge, understand and agree by using easyDAM.ch that the data of all easyDAM.ch customers is operated on a single DAM system. By doing so, you accept that the individual accounts are only separated from each other via the Bynder roles and rights concept. When setting up a new account, brix will do everything to ensure that the accounts are and remain separate from each other. If, however, contrary to expectations, data of other accounts should become visible, brix excludes any liability. Users are obliged to report such discoveries immediately.
  • System availability and backup provision is ensured by Bynder according to their security standards.
  • As a customer representative, you undertake to provide truthful information about yourself or your company and not to use any third-party identities. brix reserves the right to block access immediately if false information is discovered.
  • All users are obliged to comply with local, national and international laws in connection with the use of the services provided. No applicable provision may be violated. In particular, it is prohibited to upload data that is contrary to good taste or morals and customs. Explicitly prohibited are depictions of violence, pornographic or obscene content, incitement to violence and racially discriminatory content. brix reserves the right to immediately delete any such content upon its discovery and to block the associated access.
  • All users are obliged to abide by the ethical and generally accepted rules of interaction on the internet (netiquette) and agree not to use the services for spam or malicious software that limits the functionality of the services.
  • As a customer representative, you are liable for all content offered via your easyDAM.ch access. You must be in possession of the necessary rights and are obliged to ensure that all users of the services are informed about the current terms of use. You are fully responsible for all data managed under your account as well as for the corresponding claim rights of third parties (data protection, copyrights, trade secrets, trademark rights, etc.). You agree to indemnify and hold brix and its employees harmless from and against any and all claims.
  • Subletting of the provided services is prohibited.
  • brix may modify, suspend or discontinue the services at any time without notice and without obligation to give reasons, provided that 3 months notice is given. Likewise, account activation may be refused by brix without stating the reasons for such refusal.
  • If you no longer wish to use easyDAM.ch, you as the customer representative can terminate the service with 3 months' notice as of the end of the current usage period. After that, brix will de-activate all users set up for the customer and delete all customer assets from the server.
  • The «reverse engineering» (even partially), as well as the use of «crawler», «spider» or other software for automated access to our services is prohibited.
  • You acknowledge, understand and agree that we cannot guarantee the security of data transmitted via the internet. Any data transmission when using the services is at your own risk.
  • You acknowledge, understand and agree that brix provides the services «As Is» and «As Available» without warranty or guarantee, express or implied. There is no legal claim to availability, correctness, performance, etc., nor that the services will meet users' requirements.
  • As a customer representative, you agree to receive all correspondence, including invoices, via e-mail to the address you have defined.
  • Obligations arising from the use of easyDAM.ch cannot be assigned to other persons. The customer representative is always liable.
  • These provisions are subject to Swiss law. The sole place of jurisdiction is Arlesheim/BL.

Terms of payment / Invoicing

  • With the date of provision of the easyDAM.ch customer account by brix, the paid use begins for one year or the minimum duration defined at the time of the order.
  • The period of use is not limited. In the absence of a notice to the contrary, automatic renewal takes place at the end of the period of use.
  • Invoicing is always in advance, in each case for one year. Invoices are only sent electronically as PDF va e-mail and are payable within 30 days net.
  • If invoices are not paid in full within 45 days, a payment reminder is sent via e-mail. 60 days after expiry of the payment deadline, a reminder is sent and the user account is blocked. If the full payment is still open after 90 days, the customer account will be deleted with all data.
  • The current prices are always published on our website in CHF or EUR excluding VAT. Changes will be communicated via e-mail 30 days before they come into effect. However, they will only become effective for the next period of use.
  • The adjustment of the desired usage (number of users, required modules, storage space) can be requested at any time by the customer representative via e-mail to support@easyDAM.ch. Upgrades are executed within 2 working days and billed pro rata temporis. Downgrades must be made up to 30 days before the end of the current period in order to take effect for the next usage period.
  • Payments will not be refunded. The services can be cancelled at any time via e-mail to register@easydam.ch at the end of the next period of use. No refunds will be made for any billing periods that have expired.

Support

We offer support models for easyDAM.ch according to the price list. Due to the numerous possibilities that easyDAM.ch offers, we recommend at least our 10-hour support subscription. Support packages can be purchased for a period of 1 year and can be adjusted annually.

If customers without a subscription require support, it will be charged «on demand» at the rate of 220.-- / hour.

You can send us your concerns or any error messages at any time.

Contact support