General Terms and Conditions
PC und IT Hilfe Massaro, Sirnach TG
This English translation is provided for convenience; the German version is legally binding.
1. Scope
These terms apply to all services provided by PC und IT Hilfe Massaro (trading as «PC und IT Hilfe»), Samuel Massaro, Grünaustrasse 2B, 8370 Sirnach (referred to below as the "Provider") to private and business clients. Deviating terms proposed by the Client apply only if agreed in writing. The applicable quote governs; in the event of any conflict, the quote takes precedence over these terms.
2. Services
The Provider offers support services in the areas of IT, telecommunications, networks, web design, hosting, licence sales and related services for private individuals and SMEs. The exact scope of services is agreed individually in each case.
3. Quotes and conclusion of contract
Quotes are valid for 30 days unless stated otherwise. The contract is concluded upon written acceptance (including by e-mail) or upon commencement of the service. Cost estimates for time-and-materials work are non-binding; additional effort is announced in advance where foreseeable.
4. Recurring services (subscriptions)
The following applies to recurring services such as domain, web hosting, website maintenance and IT support packages:
- Minimum term of 12 months from the start of the contract.
- Unless cancelled, the contract renews automatically for a further 12 months.
- Cancellation with 3 months' notice to the end of the current contract period, in writing or by e-mail. Cancellation within a running period is not possible.
- Billing is annual, in advance. No refund is granted in the event of early termination.
- Price changes are announced at least 3 months before the start of the new contract period; in that case, the Client may cancel with effect from the end of the current period.
5. Support allowances
Hour allowances included in support packages apply to the relevant contract period. Unused hours lapse at the end of the period; where transferability is agreed in the quote, it applies only to the following period. Services beyond the allowance are billed at the contract client rate stated in the quote.
6. Time-and-materials work
The standard hourly rate is CHF 180.– (contract clients: as per quote). Billing is in 15-minute increments. On-site visits are billed with a call-out fee as per quote, unless this is included in the support package. Work outside normal business hours (Mon–Fri 08:00–12:00 and 13:00–18:30, Sat 09:00–16:00) is carried out only by prior arrangement and is billed with a 50% surcharge.
7. Appointments and cancellations
7.1. Appointments are binding.
7.2. Free cancellation by the Client is possible up to 12 hours before the agreed appointment.
7.3. In the event of short-notice cancellation (less than 12 hours beforehand) or a no-show, the Provider reserves the right to invoice any preparatory work already carried out, as well as a flat-rate no-show fee.
7.4. If an appointment is postponed or cancelled by the Provider — for example due to unforeseen events (e.g. illness, accident, technical failures) — no charge is made for the affected service. The Client is informed without delay.
8. Hardware and third-party services
Hardware is procured on request and billed at cost price plus effort. The manufacturer's warranty terms apply. The Provider checks compatibility to the best of its knowledge; no warranty is given for components procured by the Client itself. Domains and hosting are obtained from third-party providers (including Infomaniak); their availability and terms apply in addition.
9. Microsoft licences (NCE)
The Provider offers Microsoft licences via the ALSO Cloud Marketplace under the New Commerce Experience (NCE) programme. For new orders, a cancellation window of 7 days from the activation date applies, as set by Microsoft; after this window, cancellation or modification is excluded until the end of the contract term. For NCE licences billed annually, the notice period is 3 months before the end of the contract term. If notice is not given in good time, the licence is automatically renewed for a further year under the then-applicable terms.
10. Delivery and performance time
Appointments and delivery deadlines are non-binding unless expressly agreed otherwise in writing. Any stated delivery deadlines or dates are subject to correct and timely delivery by suppliers and manufacturers.
11. Delivery
Visible quantity discrepancies must be reported to the Provider and the carrier in writing immediately upon receipt of goods; concealed quantity discrepancies must be reported within 4 days of receipt. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the shipment.
12. Passing of risk
Risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If shipment is delayed or becomes impossible through no fault of the Provider, risk passes to the buyer upon notification that the goods are ready for shipment.
13. Returns
For returns, the Provider requires that the defective part or device be sent or delivered to PC und IT Hilfe for repair together with a completed repair form and a copy of the invoice. Shipping costs are borne by the buyer. The replacement of parts, assemblies or entire devices does not create new warranty periods. When sending in a device, the buyer is responsible for backing up any data on it, as data may be lost during repair work.
14. Retention of title
Delivered goods remain the property of the Provider until paid in full and may be repossessed from the Client in the event of payment default. The Client may not deny access to the goods in such a case.
15. Copyright / software warranty
Where software is included in the scope of delivery, it is provided to the buyer solely for one-time resale or for their own use — it may not be copied or made available to others for use. Software is excluded from all warranty provisions; only the manufacturer's licence agreement terms apply.
16. Data backup and Client cooperation
The Client is responsible for backing up their own data before any intervention, unless a backup service has been expressly agreed. The Client provides the necessary access, licences and information in good time and names a contact person.
17. Remote support
Remote support is provided over an encrypted connection (RustDesk on Swiss servers or TeamViewer) and only after release by the Client. The Client may end the connection at any time. No data is copied or transferred without instruction.
18. Payment terms
Invoices are payable net within 14 days. In the event of payment default, a reminder fee of CHF 20.– is charged after a reminder; the Provider may suspend ongoing services until payment is made. The Provider is not subject to VAT and does not charge VAT. A flat fee of CHF 180.– is charged if a debt collection agency is engaged, and a flat fee of CHF 250.– in the event of debt enforcement proceedings.
19. Liability
The Provider is liable for direct damage caused by gross negligence or intent. Liability for indirect damage, consequential damage, loss of profit or data loss is excluded to the extent permitted by law. Liability is in any case limited to the value of the affected order or one annual fee. Claims for damages against the Provider's agents or auxiliary persons are likewise excluded, unless caused by intentional or grossly negligent conduct.
20. Confidentiality and data protection
The Provider treats all client data confidentially and uses it exclusively to provide its services. The privacy policy at pcundithilfe.com/datenschutz applies.
21. Final provisions
Swiss law applies. The place of jurisdiction is Sirnach TG, unless another statutory place of jurisdiction is mandatorily required. Should individual provisions be invalid, the validity of the remainder is unaffected.
Last updated: September 2026
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