GENERAL TERMS OF PURCHASE

General terms of purchase

This page describes the terms and conditions that apply when you purchase products or services (“Services“) from datalex (the “Terms“). If you order Services from datalex you will become a member or a client of datalex and those Terms shall bind you with our company. The terms “Platform“, “datalex“, “Service“, “we” or “us” shall refer to this website or datalex llc. When using the terms “you“, “your“, we designate our customers.

Please also refer to our general terms of use to understand how to use our platform and for any restrictions that may apply. See also our privacy notice to understand how we process information about you. If you do not want us to do so or if you do not agree with the terms as set out in this document, you are not allowed to use this platform or to order our Services. We may update our Terms from time to time. If this may affect your current contract, we will inform you about those updates.

Entry in force : 20 January 2019.

Last updated: 24 May 2020.

1. WHO ARE THE PARTIES

When you place an order on our platform, you enter into a contract with datalex sàrl, a limited liability company based in Vevey, Switzerland, registered under the identification number of the Vaud state registry of companies: CHE-459.204.889.

The terms “We” (or “us” or “our“) refer to datalex sàrl (the “Service“, “datalex“, “Platform” or the “Site“) who enters into this contract with you. You accept the general terms of purchase are as soon as you receive a confirmation of an order of products or services.

2. ORDERS AND OFFER TO CONTRACT WITH US

The presentation of products and services in the online shop is only an proposition to order products or services which does not constitute a legally binding offer. By clicking on the “order” button, you undertake to purchase all the products and services listed on the order confirmation that you will receive by e-mail. In some cases, it is mandatory to create an account on our site to place orders.

Upon receipt of the order, datalex will send you a confirmation e-mail that providing you with your log-in information to get to your account. This account will give you access to use our services, to have an overview of your order history and to your personal data. The sales contract shall enter into immediate effect for non-physical goods as soon as the services are made available to you (online tools, documents to download).

Meetings

When you book a meeting with one of our lawyer, the contract shall enter into force and you shall be bound by those terms when you receive the confirmation of the appointment in our calendar. We will then liaise with you for the details of the call.

3. OUR SERVICES

Our products and services

datalex provides and offers general information and news via its blog or newsletter, as well as several free or paid services via our online shop, including :

online legal services and other advisory services;
legal documentation to download;
an online booking portal for online and in-person meetings;
innovative legal tools (LegalTech) for your company or for individuals.

Legal services

When you book a meeting online, our lawyers will provide you with legal assistance and services. Those services will put you in touch with our lawyers which will create an attorney-client relationship.

Free and premium services

Where you connect to datalex, you may chose between free and paid services. By logging into datalex and creating an account, you have the choice between free and paid services. Paid services can take the form of products, such as downloading documentation (legal documentation, templates, letters, check-lists, etc.) or subscribing to the platform to access legal services we may offer or to sections of the sites that offer more features or documentation to you as member or client. Depending on your subscription or the costs associated to it, you may have to create an account so that we can identify and contact you. With this access you may access specific services that are only accessible for members and clients.

Our services / products include (and may vary from time to time) access to:

online tools for your company;
documentation packages, templates, letters, check-lists;
video content, training, online seminars or presentations;
user account, which will allow you to manage and edit the content of your profile, your data, history, options and data related to your account);
online legal advice services (e.g. legal counselling via live chat);
etc.

Support and customer contact

In case of problems, please report them to us at the following address: support@datalex.ch.

All questions and requests will be dealt with according to the degrees of urgency and seriousness that we will assess on the basis of your request. We will do our best to answer as soon as possible.

Free services. Minimum support without any guarantee of problem resolution.
Paid services. We do not offer any maximum time limit to respond to you, nor any guarantee of problem resolution. In case of a problem you report to us on datalex, we will inform you by e-mail of the steps taken and the estimated time required to resolve them.

The options and subscription types are indicated on the online order page. The options can be added during the subscription period and your invoice will be adjusted accordingly pro rata temporis.

4. THIRD PARTY WEBSITES | OUR LAWYERS

Links to third party websites

The site may contain links to third party websites for informational or promotional purposes. datalex is not responsible for the content of these third party sites. We thanks you to inform us of any link referenced on the site that would allow you to access a third party website offering content that you consider contrary to the law or morality (contact@datalex.ch).

Contact with our lawyers

Some answers that we provide on our website are generic. To obtain an answer on your specific case, the assistance of a lawyer is necessary. Such lawyer will examine the situation on a case-by-case basis and advise you on a long-term strategy.

datalex.ch provides you with qualified, experienced, specialized lawyers to assist you in defending your interests, case and advise you. We also redirect you to other lawyers according to their area of expertise so that you can receive the best advice possible. Once you contract with our lawyers, datalex llc will no longer have any influence on the price and content of the services (except for the telephone conversation and the appointment in the office or at your premises), which must be discussed with the lawyer in question.

datalex provides attorney contact services, answers questions, prepares presentations, training and innovative online legal tools. We do not take proactive steps or follow up once orders have been delivered, questions answered or telephone discussion with a partner lawyer has been completed.

We partner with a global alliance of lawyers and tech companies

datalex is a member of a global data protection alliance offering you global assistance when incidents or projects impact several countries at the same time.

At any time you can decide to terminate the relationship with our lawyers. There is no guarantee that the lawyer with whom datalex puts you in contact will be able to assist you, especially when there is a conflict of interest. He or she will examine and let you know if he or she cannot handle the matter.

5. FEES FOR THE SERVICES

The fees that we display on the page of our products or services as well as on the online booking portal are exclusive of any tax, such as VAT and other price components (including postage and packaging where applicable) and are in Swiss francs (CHF). Upon request, to facilitate online purchasing, other currencies may be available (Euros and USD) to carry out transactions via datalex.

No other taxes and no other costs are added (except customs fees in case of delivery abroad). The provider reserves the right to change prices at any time. The prices applicable vis-à-vis the customer are the prices published on the site at the date of order.

6. DELIVERY OF THE PRODUCTS AND SERVICES

Because of the nature our our online products and services, their delivery takes place immediately after you confirm the payment. You can use the Service and download the documentation as soon as your order has been confirmed and validated by our customer service department.

When you order a service that occurs in the future, such as an appointment, a conference call or any request for services to be provided via our online calendar or meeting portal, the delivery takes place as soon as the service has been performed and our customer service department confirms the execution of the order, which will be considered complete.

7. MEANS OF PAYMENT, TERMS AND CANCELLATION

Online payments via Stripe

datalex targets customers who are located in Switzerland. Online payment is made by credit card via Stripe (other means of payment may be available on request – bank transfer, sending an invoice, etc.).

Currencies

Because of the nature of our services and business, international clients may contact us from outside Switzerland and request to pay in foreign currencies. When you make payments from outside Switzerland, these are made exclusively via Stripe and in Swiss francs. Only foreign currencies common for business in Switzerland (EUR or USD) may be accepted on a case-by-case basis.

Other electronic means of payment

If for practical reasons you are not authorized to pay by credit card, please contact our main office. We may accept regular alternative means of payment accepted in Switzerland, or internationally, such as, among others:

sending an invoice,
bank or postal transfer,
Google or Apple Pay
TWINT

Such means of payment may be accepted on a case-by-case basis.

Payment terms

When an alternative means of payment other than credit cards is offered, the payment term is 20 days from the time you place the order. In case of non-payment, access to datalex as well as online services and possible reservations may be suspended and blocked until our bank confirms receipt of payment. A reminder will be sent to you and, in the event of non-payment within the stipulated period, any amounts already received will not be refunded and the amounts remain due until the expiry date of the contract. datalex is entitled to charge the debtor customer for any costs arising from a reminder. It reserves the right to take legal action.

Refund

In the event of payment by Stripe, the customer’s account will be debited on the date of the order. Offsetting against counterclaims of the customer that are not recognised or that do not have the force of res judicata is excluded. For practical reasons and for the time management of our partner lawyers, cancellation of an appointment is not possible, and the amount should remains due, even if you did not attend the appointment or conference call, except for valid reasons.

8. LIABILITY FOR DEFECTS AND NON-PERFORMANCE

Non-conformities

datalex guarantees that the services are in accordance with the promised qualities, free from defects that affect their value or their suitability for the intended use and that they correspond to the intended services and specifications. However, in the event you buy products that are available on the platform, they are usually provided without any customization, which means that we you understand that you may have to work and spend time one the template in order to tailor it to your needs.

In the event of a problem with the platform, datalex reserves the right to eliminate the defect or to deliver an undefective service for repair or replacement delivery. The customer is obliged to inspect the delivered services as quickly as possible and to report defects immediately, but no later than within 5 days.

For any problem, you can contact us at contact@datalex.ch to report any problems with our online services.

Quality of telephone and videoconferencing solutions

We make sure that for any telephone appointments, we use technologies with high sound or visual quality. We are not responsible and exclude any refund in the event of technical failure for which we are not responsible, such as low Internet speed or poor communication quality on your part. Also, we cannot be responsible for a bad network connexion or the bad performance of third party systems. Therefore, we exclude any guarantee (liability for non- or bad performance) and any liability for the resolution of technical problems caused by third parties (Google, Infomaniak, Swisscom, Stripe, Youtube, Vimeo, WordPress, Bookly, WooCommerce, etc.) as well as any problem related to the performance (accessibility and speed) of our Site.

9. CONTRACT TERM, USE RIGHTS AND TERMINATION

Termination

We reserve the right to terminate your subscription in the event of breach of contract on your part, even in the absence of fault on your part.

Subscription

When datalex provides subscription services, such services are concluded, unless agreed otherwise, for an indefinite period of time. You may terminate your subscription at any time upon 30 days’ notice by sending us a written request at contact@datalex.ch. In some cases, the subscription or other services may be for a minimum term, which may be renewed according to the terms and conditions indicated on the online shopping portal.

Each subscription gives you the right to exclusive and personal use of the services, unless otherwise agreed, for the duration of the contract. A specific or broader licence of use may be agreed upon. In case of a minimum duration period, datalex will notify you of the automatic renewal of the contract prior to the expiration of the subscription. Cancellation can be made online with datalex before the subscription expires. The access authorization to the platform expires on the date of cancellation.

Your data

At the end of the subscription, your account data will still be accessible to you until the subscription expires. You will therefore have to take the necessary steps to download your data until the subscription expires. If you cancel your subscription or registration with datalex, all services associated with your customer account will no longer be accessible to you or third parties and we will delete the data no longer required. For legal and accounting reasons, we may keep records of the transactions made on our site and other data to comply with applicable laws.

Your privacy matters

Please refer to our privacy statement or contact us directly at privacy@datalex.ch for more information on privacy issues.

10. PASSWORD AND INFORMATION SECURITY

In the event you create an account on our platform to access more services, it is your responsibility to ensure that the passwords you use are secure and that you monitor how often you may update and renew them.

You undertake to treat the products available online, the system access data provided as well as the passwords created in a strictly confidential manner and with the utmost care. datalex reserves the right to immediately terminate your access to our platform in the event that it becomes apparent that the use is unlawful or contrary to the scope of the licence granted to you to use the Service.

11. CONFIDENTALITY OF YOUR INFORMATION

Protection of your data

We take care of your information.

When you use datalex, any information and documents that you transmit to us are subject to strict obligations of confidentiality. Your data is protected against unauthorized access and use, and is not passed on to third parties by datalex. You control your data and we only share your data with third party with your prior consent, except where required for the performance of the services to you or to comply with applicable laws.

For payments by Stripe, all your data is encrypted and datalex also has no access to any of your payment details.

Publication of anonymised questions

When you ask us a question, we may publish the answer to your question, such as under a Frequently Asked Questions (FAQ) page after being 100% anonymized or being made aggregaet by datalex without any possibility to identify you. This allows us to create a database of questions and answers and to serve the largest number of people, including you.

Professional secrecy and datalex

datalex guarantees you strict confidentiality, in particular if you submit questions containing confidential information, trade secrets and personal data (e.g. surname, first name, address, private information, documents to be reviewed). Whenever possible, you should use the most secure mean of transfer where online means are used to share information with us.

The confidentiality guaranteed by datalex, however, is not linked to the obligations of professional secrecy that exist in a classic relationship between a client and his lawyer. datalex is neither a lawyer registered in a lawyer’s register nor a law firm in the form of a corporation. Nevertheless, datalex undertakes by means of these general terms and conditions to guarantee you the same level of confidentiality as if you were in a law firm. We will take all measures to protect your information using the most secure means for your data. Where necessary, such sensitive information may be deleted from our systems to ensure that it remains only in the hands of our lawyers. Thus, we do not disclose any of your personal data. Should data be used, we will anonymize it so that you are no longer recognizable.

Professional secrecy and partner lawyers

When you order a consulting service by one of our partner lawyers via datalex, you are bound by the professional and ethical obligations of the lawyer, in particular the obligation of professional secrecy, Swiss code of deontology for attorneys and other privilege.

Other lawyers not admitted to the bar

Some of our lawyers may not be bound the legal professional secrecy. In those case, those lawyers are bound by confidentiality agreements to ensure that you benefit the same level of confidentiality than with attorneys that are admitted at the bar.

12. COPYRIGHT / LICENCE

When you create an account on datalex, whether it for paid or free of charge services, datalex grants you a personal, non-exclusive, worldwide licence for the duration of your contract to use our services and download our products and services online.

The content and structure of the products and services distributed by datalex are protected by copyright.

You are not allowed to re-use these documents for profit (resale, rental, usufruct, etc.) and datalex reserves the right to claim damages from you in the event of violation of your user license as well as our copyright.

13. THIRD PARTY CLAIMS

The liability of datalex is excluded for breaches of contract due to negligence. This also applies to breaches of contract by our auxiliaries and substitutes. datalex is not liable for errors that are not attributable to datalex, in particular those that occur at the level of telecommunication operators, servers or other third party providers such as social networks and online content distribution platforms.

For platform maintenance reasons, the site may occasionally and temporarily be unavailable. Any site maintenance operation will be carried out, as far as possible, outside office hours and preferably during the weekend. As the Site is accessible from all over the world, maintenance will be carried out outside office hours in Switzerland.

You are bound by the terms of use of the site and responsible for the content you submit to datalex. Under no circumstances shall datalex be held responsible for any breach or violation of intellectual property rights or damage caused to third parties as a result of third claims attributable to you. You will compensate us for any amount claimed by a third party due to behaviour attributable to you, whether directly or indirectly. So that we can take all necessary measures, you also undertake to submit to us without delay any potential violation of your rights, rights belonging to third parties or illegal content of which you may be aware.

14. JURISDICTION AND APPLICABLE LAW

The contractual relationship between you and datalex is subject to Swiss law, to the exclusion of the provisions of the United Nations Convention of 11 April 1980 on the International Sale of Goods.

The ordinary court of the Eastern Vaud district (Vevey) is competent for any disputes arising from this contract. In the case of a contract concluded with a consumer, the place of jurisdiction shall be at the registered office of the company, alternatively at the place of his or her domicile.

15. GENERAL PROVISIONS

Should individual provisions of these Terms become ineffective, the validity of the remaining provisions shall not be affected. The ineffective provisions will be replaced by analogous legal provisions.

CONTACT

For any information or questions, you can contact us here:

datalex llc
c/o Ludovic Tirelli
Rue de Lausanne 1
CH-1800 Vevey
SWITZERLAND
contact@datalex.ch