General terms and conditions

1. Scope

These General Terms and Conditions govern the relationship between customers and WebEvolutions; they apply to the services and products provided by it.

2. Services of WebEvolutions

The services and products provided by WebEvolutions and governed by these general terms and conditions include in particular:

• the Sunkro, Sunkro Business, Sunkro Sport & Sunkro Timeclock application;
• design, development and maintenance of websites;
• the Swiss Ski School, Booking-Sport and Booking-Formation application;
• e-commerce integration with electronic payment;
• development and maintenance of turnkey IT solutions, etc.

The content and scope of the various products and services are defined in the contract signed by both parties.

WebEvolutions undertakes to do everything in its power to ensure the permanence, continuity and quality of the services and products it offers. It endeavours to provide services and products that meet the current state of technical knowledge.

WebEvolutions reserves the right to extend or restrict its services or to modify the products for good cause (in particular legal changes, technical failures, incompatibilities of products and devices, etc.).

3. Delivery time

The delivery time is the one agreed by the parties in the offer accepted by the customer. It is deemed to have been met if the goods or documents, whatever their medium, are dispatched by WebEvolutions within the agreed time.

WebEvolutions is released from all liability towards the customer for any damage that it would suffer personally and/or cause to a third party as a result of the delivery time being exceeded, in particular if:

• The necessary documents and/or work materials are provided by the customer after the agreed deadlines.
• The material provided or the information communicated by the customer is not ready for the proper performance of the services incumbent on WebEvolutions.
• The material provided or the information communicated by the customer is defective.
• The customer modifies the initial order or requests additional work.
• The customer delays the performance of the services incumbent on WebEvolutions, without any fault on the part of WebEvolutions.
• The working hours initially agreed are exceeded, whatever the extent.
• A case of force majeure and/or fortuitous events occur.

Exceeding the delivery time in the above circumstances does not entitle customers to invalidate or terminate the contract concluded with WebEvolutions, nor to claim damages.

4. Prices

The prices owed by customers for the services and products are set in the contract or by the applicable price list. Prices do not include value added tax. VAT is due in addition.

Any special request not forming part of the initial contract will be invoiced at the hourly rate of CHF 170.- excl. VAT; VAT will be due in addition.

WebEvolutions reserves the right to change and adjust its hosting prices at any time without notice. If customers refuse this change, they must request, by registered letter with acknowledgement of receipt, the termination of the contract for which the change is refused. Failing this, the new rates will be deemed irrevocably accepted and will be applied at the next invoicing. WebEvolutions reserves the right to pass on, without delay, any new tax or any increase in the rates of existing taxes.

5. Invoicing, terms of payment and advance payment

The contract sets out the invoicing terms for the services and products ordered by customers.

The invoice must be paid no later than the due date indicated; unless otherwise agreed, payment is due 30 days from the date on which the e-mail containing the invoice was sent. Until that date, customers may dispute it in writing, stating their reasons. Failing this, the invoice is deemed accepted.

If the customer is in default of payment of the amounts owed, WebEvolutions may terminate the contract without notice and without incurring any liability.

The costs incurred by WebEvolutions as a result of late payment are borne by the customers, and default interest of 8% is due from the due date of the invoices.

WebEvolutions may require advance payment or the provision of security. If customers do not make the required advance payment or do not provide the security requested, WebEvolutions may terminate the contract with immediate effect, without incurring any liability. The same applies in the event of a composition moratorium or the opening of bankruptcy proceedings if the customers or the bankruptcy administration do not provide security for the payment of future invoices.

6. Interruption / suspension of services

As far as possible, WebEvolutions informs customers by e-mail in good time of any interruption of operations required in particular to remedy faults, carry out maintenance work or introduce new technologies. Under no circumstances may such interruptions serve as a pretext for a claim for damages.

7. Support

Access to the hotline: WebEvolutions provides a telephone support service on +41 77 498 75 03 to answer technical questions about the software, Monday to Friday during office hours, from 8.30 to 11.30 am and from 1.30 to 5.00 pm.

Support services outside these hours will be invoiced at the hourly rate of CHF 170.-; VAT will be payable by the customer in addition.

If WebEvolutions cannot be reached by telephone, contact can be made by e-mail: support@sunkro.ch

WebEvolutions can be reached on +41 79 176 82 36 in emergencies only.

Only in the event of a serious malfunction preventing customers from creating shifts or clocking hours (or making bookings) does WebEvolutions offer free support outside office hours as well, and can the company be contacted on +41 79 176 82 36.

Changing a password, questions about using the application and the like … are not considered emergencies.

It is noted that access to the hotline is reserved for customers who have completed basic training for the services and products they use. Any request for assistance may require prior identification of the licence holder.

8. Customer responsibility

Customers shall ensure that the services and products for which they have concluded a contract with WebEvolutions are used in accordance with the legal and contractual provisions. Customers undertake to cooperate with WebEvolutions and to comply with the technical requirements enabling optimal use of the services and products provided by WebEvolutions.

Customers remain solely and exclusively responsible should they in any way break the law through the use of the services and products provided by WebEvolutions; customers have no right of recourse against WebEvolutions.

The customer undertakes to use Sunkro exclusively for the scheduling and time management of all its employees; compensation of CHF 50’000.- is due as a contractual penalty should the company breach this undertaking. This amount is due regardless of any damage.

9. Obligation and warranty of the customer for hosting services

If WebEvolutions is informed by the competent authorities of the unlawful use of the service, or if it itself finds that the service or product is being used unlawfully and in breach of the contractual provisions, WebEvolutions may give the customer formal notice to comply with the contractual conditions of use of the service, interrupt the provision of its services for a certain period or terminate the contract with immediate effect and without compensation.

The customer undertakes to take the necessary measures to ensure the security of data flows. In particular, it must adopt appropriate measures to prevent any unauthorised access and to prevent the spread of computer viruses. The customer shall ensure that the user ID and password are not disclosed to third parties, so that they cannot access information in this way.

Your data is processed by WebEvolutions Sàrl and hosted by Akenes SA – Exoscale in its data centre located in Geneva, and backed up in Zurich.

Akenes SA – Exoscale
Boulevard de Grancy 19A
1006 Lausanne
Switzerland
VAT: CHE-423.524.322

10. Liability of WebEvolutions

Owing to the characteristics and limitations of the Internet, WebEvolutions cannot be held liable, in particular, for:

• Difficulties in accessing the software or website due to network congestion at certain times.
• Virus contamination of the data and/or software of the hosted customer, whose protection is the customer’s responsibility.
• Malicious intrusions by third parties into the servers, despite the reasonable security measures put in place by WebEvolutions.
• Any misappropriation of passwords, confidential codes and, more generally, any information sensitive to the customer, even though security measures have been adopted to protect the data.
• The unavailability of hosted services due to technical malfunctions not attributable to it;
• The occurrence of a case of force majeure.

11. Warranty and legal liability

1. Warranty of conformity: Sunkro warrants that the licence conforms to the specifications and is free from material defects upon delivery. However, the licence holder acknowledges that the application cannot be guaranteed to be entirely free of errors.
2. Correction of errors: Sunkro undertakes to correct any error identified in the application within a reasonable time. In the event of a material or software defect, Sunkro will provide updates or corrected versions of the services or products.
3. Limited liability: The liability of WebEvolutions is limited to direct damage caused by gross negligence or a premeditated act. WebEvolutions cannot be held liable for indirect losses or for damage resulting from improper use of the application.
4. Warranty exclusions: WebEvolutions is not liable for failures due to an incompatible IT environment, improper use of the application or unauthorised modifications, nor in the event of a case of force majeure.

12. Respect for business secrets

WebEvolutions will take all necessary measures to ensure that its staff treat all confidential information (financial, statistical, personal or other) communicated to WebEvolutions by customers for the purposes of this order with the same discretion that WebEvolutions would require for its own confidential affairs. This obligation does not apply to information in the public domain, to information already in the possession of WebEvolutions by means not resulting from the provision of its services, or to information brought to the attention of WebEvolutions by third parties in good faith. The same obligation of confidentiality applies to customers for any confidential information they learn from WebEvolutions when using the services and products provided by WebEvolutions.

13. Data protection

WebEvolutions has adopted a data protection charter. It is annexed to these general terms and conditions and forms an integral part of them.

The customer fully and unreservedly accepts the content of this charter.

14. Changes to the contract

WebEvolutions cannot rule out possible changes to the contract or to the prices in force. Unless terminated in writing for the next expiry date of the contract concluded, the changes are deemed accepted by the customer.

A change in the legislation in force is not considered a change to the contract; the legal provisions must be complied with by the customer automatically and without delay as soon as they come into force. WebEvolutions Sàrl reserves the right to block the system if the customer does not appear to comply with the legislation in force; the customer may not claim damages resulting from such blocking.

It is noted that these general terms and conditions are published on the website of WebEvolutions and/or of Sunkro. WebEvolutions may adapt the general terms and conditions in line with changes in the legal provisions in force or with the technical development of the services and products provided. The version published on the website of WebEvolutions and/or of Sunkro is authoritative.

15. Special provisions

Software changes

WebEvolutions reserves the right to modify the services or products to adapt them to technical developments and to the needs of customers.

Intellectual property

During the term of the contract, customers have the non-transferable and non-exclusive right to use the services and products. WebEvolutions – or authorised third parties – retain all intellectual property rights relating to their services and products, as well as to custom-developed modules.

Force majeure

If WebEvolutions – or third parties mandated by it – are unable, despite all due care, to fulfil their contractual obligations because of a case of force majeure, performance of the contract is postponed according to the nature and extent of the event. Force majeure includes in particular natural phenomena of particular intensity, conflicts, strikes, unforeseen official restrictions, etc.

Updates and new versions

These general terms and conditions also apply to updates and new versions of the application.

16. Final provisions

Transfer of rights and obligations

The Company is authorised to transfer its rights and obligations concerning the Sunkro web and mobile application to another entity, provided that the latter continues to operate the system under the same conditions and agrees to comply scrupulously with this contract and its annexes.

Applicable law and place of jurisdiction

This contract is governed by Swiss law. The place of jurisdiction is the registered office of WebEvolutions.

CH-1978 Lens, July 2026