The AGB (Allgemeine Geschäftsbedingungen = General Terms and Conditions) of the Swiss Conference on Informatics (SIK) offer a tried and tested framework in the IT sector and are often used in public tenders in particular. But when are they useful for private software companies and what needs to be considered?
Key message: The AGB SIK contain a good basis of contractually relevant provisions in the IT sector. In principle, the AGB SIK can be accepted from the software company's point of view, although a software company should draw up additional terms that contain the deviations relevant to it.
In detail:
1. A good basis
The Swiss Conference on Informatics (SIK) has developed General Terms and Conditions = Allgemeine Geschäftsbedingungen (short "AGB SIK") in order to create a standardized and legally secure framework for services in the IT sector. These standard contractual terms and conditions are primarily designed for the public sector, but also provide useful guidelines for private companies.
2. Areas of application
The GTC SIK are particularly advantageous when private software companies work together with public clients or are involved in projects that include public and private partners. The clear regulations on liability, warranty and data protection create trust and transparency, which are essential in such constellations.
3. Advantages of the AGB SIK
Standardization: The AGB SIK offer an established standard that can shorten the negotiation period and avoid misunderstandings.
Legal certainty: They are based on Swiss law and are specially tailored to the needs of the IT sector.
Trust: The use of recognized general terms and conditions can strengthen the trust of potential partners and customers.
4. Need for adaptation for private companies
While the AGB SIK provide a solid basis for public clients, private software companies (and private providers in the IT sector in general) should carefully examine the terms and conditions and adapt them if necessary. Particular attention should be paid to the following points:
Provider-specific exceptions: In the private sector, specific adjustments are often necessary to accommodate the individual business models of software companies. In particular, the following provisions must be carefully examined and adapted if necessary:
- Default
- Liability and contractual penalties
- Spare parts availability guarantee of 6 years for hardware
- Duration of the maintenance guarantee
- Start of chargeable maintenance
- Cost of installation and training
- Place of jurisdiction and applicable law
Areas of responsibility: It is important (here and for other contracts as well) that the customer's obligations to cooperate are regulated in the contract and that the areas of responsibility of third-party suppliers are clearly clarified and delimited.
Commercial aspects: Private companies should ensure that the AGB SIK also correctly reflect the commercial conditions or define corresponding deviations.
5. Practical implementation and pitfalls
In view of the need for adaptation for software companies, the AGB SIK should only be implemented together with clearly formulated exceptions or additions by the software company. These exceptions and additions can be listed in the offer, additional AGB of the software company or a separate contract. It is advisable to communicate the exceptions as early as possible so that the deviations do not lead to an unexpected delay in negotiations or (in the worst case) to the negotiations being broken off.
