General Terms and Conditions
This translation is provided for your convenience. The German version is legally binding.
Digitalpraxis Bärtschi · Robert Bärtschi, Managing Director · Sagenriet 8, 8853 Lachen SZ, Switzerland · kontakt@dp-baertschi.ch · 078 224 10 21
The key points in brief
- I work carefully and in line with the current state of the art. Nobody can guarantee one hundred per cent protection against fraud, hacking or data loss, and neither can I.
- You always enter passwords, PIN codes and login details yourself. I never initiate payments.
- Back up your data before the appointment or let me help you with it (section 6).
- You can reschedule or cancel appointments free of charge up to 24 hours in advance (section 8).
- My liability is limited as far as the law permits (section 16). Please read this section particularly carefully.
- I am not an emergency service. If a scam is in progress, call your bank and the police on 117 immediately.
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all services provided by Digitalpraxis Bärtschi, a sole proprietorship of Robert Bärtschi (hereinafter “I”), to private individuals and businesses (hereinafter “you”).
1.2 The version published on the website at the time of your booking applies. Deviating terms on your part apply only if I expressly confirm them in writing.
1.3 For businesses, the special provisions in section 20 also apply. In the event of contradictions, a written quotation or order confirmation takes precedence over these GTC.
2. Conclusion of contract
2.1 A contract is concluded when I confirm your request (form, e-mail, phone, WhatsApp or in person) with an appointment or begin providing the service. By booking, you confirm that you have read and accept these GTC.
2.2 I may decline requests without giving reasons.
2.3 If you order for another person (for example your parents), you are the contracting party and responsible for payment, unless otherwise agreed. You ensure that the person being supported agrees to the appointment and is aware of these GTC.
3. Services
3.1 The content and scope of the services are set out in the description on the website at the time of booking, in a quotation or in the appointment confirmation. They include in particular digital help, setting up devices, fraud prevention, ongoing support (subscription), AI coaching, websites and AI chatbots for businesses, as well as workshops and projects for companies.
3.2 My services consist of advice, training and support within the meaning of a mandate (Art. 394 et seq. of the Swiss Code of Obligations). I owe careful performance, not a specific result. Exceptions are projects for businesses in which a contract for work is expressly agreed (section 20).
3.3 “Fraud prevention” or “fraud protection” comprises setting up recommended security settings on your devices and accounts, training in recognising typical scams and an emergency plan. These measures significantly reduce the risk but do not rule out fraud, data misuse or technical attacks. They replace neither your bank’s security precautions nor your own caution.
3.4 Time indications (for example “60 minutes” or “approx. 2 hours”) are guidelines. If a service cannot be completed within the planned time, I will discuss with you on site whether we continue with additional time or arrange a follow-up appointment.
3.5 I may use carefully selected and trained assistants for individual services (section 17).
4. Limits of my services
For my protection and yours, the following applies:
- I do not enter any passwords, PIN codes, confirmation codes or e-banking details for you, nor do I note, store or ask for them.
- I initiate no payments, transfers or orders and have no access of my own to your accounts.
- I will never call or write to you unsolicited to ask for codes, passwords or remote access. If anyone contacts you in my name with such a request, it is a scam attempt.
- I only work on devices and accounts you are entitled to use. I do not help unlock other people’s devices, access other people’s accounts or monitor other persons.
- I provide no legal, tax, financial or investment advice and no hardware repairs.
- I am not an emergency service and not available around the clock.
I may break off an appointment or refuse a service if a request is unlawful, safety is at risk, a device is obviously not lawfully in your possession or I am treated disrespectfully. The time spent up to that point will be charged.
5. Your cooperation
5.1 So that I can work carefully, you undertake:
- to be present at the appointment and to have the devices concerned ready with their chargers;
- to know your login details (for example Apple ID, Google account, e-mail, Wi-Fi) or have access to them, and to enter them yourself;
- to tell me truthfully which devices, accounts and services you use, whether a fraud case or data loss has already occurred and whether a device belongs to a third party (for example a work phone);
- to ensure that you are entitled to use the software and services involved;
- to follow my recommendations and instructions and not to undo security settings without consulting me.
5.2 I record any recommendations you do not wish to implement in the appointment protocol. I accept no responsibility for the consequences of recommendations not implemented.
5.3 At the end of the appointment you receive a protocol of the measures set up. Please check and sign it. It serves as evidence for both of us.
6. Data backup
6.1 Work on devices, in particular transferring data to a new device, updates and resets, carries a residual risk of data loss. You are responsible for backing up your data (photos, contacts, messages, documents).
6.2 I recommend that you create an up-to-date backup before every appointment. On request I will help you with this; the effort is charged as additional time unless it is included in the booked service.
6.3 If you decide against a backup, the work is carried out at your own risk. This is noted in the protocol.
6.4 If data loss nevertheless occurs, my liability in the case of slight negligence is limited to the effort of restoring the data from an existing backup (subject to section 16.2).
7. Remote help
7.1 Remote help (for example via screen sharing) is provided only at your express request, with reputable software and only while you are present. You can end the connection at any time.
7.2 I do not set up unattended permanent access to your devices. I accept no responsibility for disruptions to the internet connection or the remote help software.
8. Appointments, rescheduling and cancellation
8.1 You can reschedule or cancel appointments free of charge up to 24 hours in advance (by phone, text message, WhatsApp or e-mail).
8.2 For cancellations less than 24 hours before the appointment, I charge 50 % of the price of the booked service as compensation for the short-notice loss. If you are not present at the agreed time without notice, or I am not given access, I charge 100 % of the price, but no more than CHF 150.–.
8.3 In the event of illness, a hospital stay or a death in the family, I waive this compensation provided you inform me as early as possible.
8.4 If you are late, I wait up to 20 minutes. The delay is deducted from the booked time.
8.5 If I have to cancel an appointment due to illness, accident or other important reasons, I will inform you as early as possible and offer you an alternative appointment. There are no further claims.
9. Prices
9.1 The prices on the website at the time of booking or as per quotation apply. All prices are final prices in Swiss francs. I am currently not subject to VAT.
9.2 Travel is included in the canton of Schwyz. In the cantons of Glarus and Zug I charge a flat travel fee of CHF 40.–. Appointments by video call or phone involve no travel. For a second person in the same household I charge CHF 40.–.
9.3 Additional effort is charged only after consultation with you, at CHF 25.– per 15 minutes or part thereof.
9.4 New-customer prices apply to bookings up to the date stated on the website (31 December 2026). The booking date is decisive. Thereafter the regular prices apply.
9.5 I may adjust my prices for future bookings at any time. For appointments already confirmed, the agreed price applies (price guarantee).
10. Payment
10.1 Payment is made after the appointment by TWINT or invoice. Invoices are payable within 10 days without deduction, for businesses within 30 days.
10.2 After the payment deadline has passed, you are in default without a reminder. From the second reminder onwards I charge a reminder fee of CHF 20.– per reminder plus default interest of 5 % per year. I may hand over outstanding claims to a debt collection agency; the resulting costs are borne by you, as far as legally permissible.
10.3 For projects and workshops for businesses and for packages, I may request a deposit. If invoices are outstanding, I may postpone further services until payment is made.
11. Packages
11.1 Packages combine several services at a package price. The services included must be used within 12 months of booking. After that, services not used can no longer be claimed; on request I will extend the period in justified cases.
11.2 Support included in packages begins with the first appointment and ends automatically after the stated period, without notice of termination.
11.3 If a package is terminated early, the services already used are charged at the regular individual prices. Any remaining balance will be refunded to you.
12. Ongoing support (subscription)
12.1 Ongoing support comprises the services described on the website, in particular a second opinion via WhatsApp or phone on suspicious messages, remote help of up to 30 minutes per month and one check-up visit per year. Unused minutes expire at the end of the month and are not carried over or refunded.
12.2 Replies are usually given within 24 hours, often faster on working days. Ongoing support is not an emergency service; an immediate reply is not guaranteed.
12.3 The fee is paid monthly in advance. Ongoing support can be cancelled at any time with effect from the end of the current month. Months already paid are not refunded pro rata.
12.4 The founder’s price applies as long as the membership continues without interruption. After cancellation, the regular price then in force applies on rejoining.
12.5 If the price or scope of ongoing support changes, I will inform you at least 30 days in advance. In this case you may cancel with effect from the date the change takes effect.
13. Vouchers
13.1 Vouchers are transferable and can be redeemed for all services and packages. They are not paid out in cash. Any remaining value stays valid until expiry.
13.2 The validity is stated on the voucher: vouchers bought at the new-customer price can be redeemed until 30 June 2027, other vouchers for 12 months from issue.
13.3 I do not replace lost or stolen vouchers, unless the voucher number can be clearly proven and the voucher has not yet been redeemed.
14. Satisfaction guarantee
14.1 If, as a new client, you are not satisfied with your first appointment, you pay nothing for that appointment. No reason is required.
14.2 Please contact me within 14 days of the appointment. I will refund any amounts already paid.
14.3 The guarantee applies once per client or household and to the service of the first appointment. If the first appointment is part of a package, the package will be cancelled free of charge on request, provided no further services have been used. Travel fees and expenses (for example accessories purchased) are excluded.
14.4 The guarantee is a voluntary goodwill gesture. It does not constitute an acknowledgement of any breach of duty or give rise to further claims.
15. Complaints and rectification
15.1 If something does not work as agreed after the appointment, please contact me as soon as possible, at the latest within 10 days. This allows me to check the fault before any damage occurs.
15.2 If my service is faulty, I will rectify it free of charge. For this you give me a reasonable opportunity, on site or by remote help.
16. Liability
16.1 I provide my services carefully and in line with the current state of the art. I do not guarantee that no scam attempts, hacking attacks, data loss or malfunctions will occur after an appointment.
16.2 I am liable in accordance with the statutory provisions for damage I cause intentionally or through gross negligence and for injury to life, body and health.
16.3 Liability for slight negligence is excluded as far as legally permissible. Where an exclusion is not permissible in an individual case, my liability per claim is limited to the amount you paid for the service concerned; for ongoing support, to the fees of the last twelve months.
16.4 As far as legally permissible, in cases of slight negligence I am not liable for indirect or consequential damage, in particular not for loss of profit, third-party claims, data loss (subject to section 6.4) or financial loss resulting from the actions of third parties.
16.5 I am not liable for damage not caused by my service, in particular damage caused by:
- scammers and other third parties, for example through shock calls, phishing, fake messages, malware or hacking attacks;
- your own conduct or that of people around you, in particular passing on passwords, PIN or confirmation codes, opening links and attachments, installing apps, granting remote access to third parties, and payments and transfers;
- failure to follow my recommendations or undoing settings that were set up;
- changes to devices, accounts and settings after the appointment by you or third parties;
- faults, security gaps, outages, updates and changes to devices, operating systems, apps and services of manufacturers and providers (for example Apple, Google, Microsoft, banks, telecommunications providers or providers of AI services);
- missing backups (section 6);
- content and results of AI tools and decisions you make on that basis (section 19).
16.6 In the event of fraud or damage, you are obliged to take all reasonable measures to minimise the damage, in particular to inform your bank immediately, have cards and accounts blocked and report the matter to the police.
16.7 Claims against me must be notified to me in writing without delay, at the latest within 30 days of becoming aware of the damage, so that I can clarify the facts.
16.8 The above limitations of liability also apply to my assistants (section 17).
17. Assistants
17.1 I may call on trained assistants to provide my services. They work according to the same principles and are bound to confidentiality.
17.2 Liability for assistants is excluded to the extent permitted by law (Art. 101 para. 2 of the Swiss Code of Obligations), subject to section 16.2.
18. Confidentiality and data protection
18.1 In the course of my work I may gain insight into personal data on your devices. I treat all information in strict confidence, look only at what is necessary for the work and make no copies of your personal data.
18.2 The processing of your personal data is governed by the privacy policy.
18.3 I publish photos, screenshots or testimonials only with your express consent.
18.4 On request I will show you a current extract from the criminal record before the first appointment.
19. Notes on artificial intelligence
19.1 AI tools such as ChatGPT, Claude or Copilot can deliver incorrect, incomplete or outdated results. You check results yourself before using them and are responsible for how you use them.
19.2 When using AI, you are responsible for complying with your employer’s rules, data protection law, copyright and confidentiality obligations. You only enter confidential data into AI tools if you are authorised to do so.
19.3 You bear the costs of subscriptions and use of AI services and other software yourself, unless otherwise agreed. I am not responsible for the availability, price changes or terms of these providers.
20. Special provisions for businesses
20.1 Scope: This section applies to workshops, talks, training sessions, automation projects and maintenance contracts for businesses, organisations and public authorities. The quotation and order confirmation apply in addition.
20.2 Cancellation of workshops and talks: Free of charge up to 14 days before the date, 50 % from 13 to 3 days before, thereafter 100 % of the agreed price. Rescheduling up to 7 days before is possible once free of charge.
20.3 Cooperation: The business provides the necessary access, information and test data in good time. It is the controller under data protection law for the data processed and ensures that their use is permissible.
20.4 Testing and acceptance: Automations are tested with test data before productive use. The business checks the results within 10 days of handover and reports defects in writing. If no report is made or the solution is used productively, it is deemed accepted.
20.5 Warranty: For defects reported in good time, I have the right and the obligation to rectify them. Further warranty claims are excluded as far as legally permissible. I give no warranty for defects caused by changes made by the business or third parties, by changed interfaces (APIs) or by third-party services.
20.6 Liability: Liability for slight and moderate negligence is excluded as far as legally permissible. Otherwise my liability per assignment is limited to the amount of the agreed fee; for maintenance contracts, to the remuneration of the last twelve months. Liability for indirect damage, loss of profit, business interruption and data loss is excluded as far as legally permissible. Section 16.2 remains reserved.
20.7 Backup and operation: The business is responsible for regularly backing up its data and systems and for operating the solution handed over.
20.8 Rights: Upon full payment, the business receives a simple, non-transferable right to use the solutions and documents created for it for its own purposes. General know-how, methods, templates and tools that I also use for other clients remain my property.
20.9 Maintenance: Maintenance contracts can be terminated at any time with effect from the end of a month.
20.10 Websites – content and rights: The business supplies texts, images, logos and other content and is responsible for holding the necessary rights to them and for the content being lawful. I provide templates for the legal notice and privacy policy as non-binding help; the business has them checked for its operations and remains responsible for the legal texts.
20.11 Websites – domain, hosting and availability: The domain is registered in the name of the business. With the website service, I operate the website with a hosting provider in Switzerland. I cannot guarantee uninterrupted availability; interruptions due to maintenance, disruptions at the hosting provider or attacks by third parties do not give rise to claims, as far as legally permissible. If the business cancels the website service, I hand over the website files upon full payment.
20.12 AI chatbot: The chatbot generates answers automatically using an AI service from a third-party provider (currently Anthropic, PBC, USA) and, despite due care, may give incorrect or incomplete answers. The business checks and approves the content from which the chatbot answers and informs its website visitors that an AI assistant is in use. The business is liable for the chatbot’s answers and for commitments made to third parties; my liability is excluded to the extent permitted by law. The volume of 1,000 messages per month included in the Website Service + Chatbot is a guideline; in the event of permanently higher use, we will agree an adjustment.
20.13 Data protection for websites and chatbots: The business is responsible for processing its website visitors’ data; I process them on its behalf. For this we conclude a data processing agreement in accordance with the Swiss Data Protection Act.
21. Right of withdrawal
21.1 If you book an appointment yourself or expressly request a callback or consultation, there is no statutory right of withdrawal (Art. 40c of the Swiss Code of Obligations).
21.2 If a contract was offered to you at your home, at your workplace or by phone without your express request, you may withdraw from it in writing within 14 days in accordance with Art. 40a et seq. of the Swiss Code of Obligations.
22. Termination of assignments
You and I may terminate an assignment at any time (Art. 404 of the Swiss Code of Obligations). Services already provided and expenses are charged, for packages in accordance with section 11.3. If termination occurs at an inopportune time, the compensation under sections 8 and 20.2 applies.
23. Force majeure
If I cannot provide a service, or cannot provide it on time, due to events beyond my control (for example severe weather, road closures, power, internet or third-party service outages, official measures, pandemics), the appointment is postponed accordingly. In this case there are no claims for damages.
24. Changes to these GTC
I may change these GTC at any time. For existing bookings, the version at the time of booking applies. For running subscriptions, section 12.5 applies.
25. Final provisions
25.1 Communications by e-mail or WhatsApp are deemed to be in writing, unless another form is mandatory.
25.2 Should any provision of these GTC be wholly or partly invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid provision that comes closest to its purpose.
25.3 Swiss law applies exclusively, to the exclusion of the conflict of laws rules.
25.4 The place of jurisdiction for businesses is Lachen SZ. For consumers, the mandatory places of jurisdiction under the Swiss Civil Procedure Code apply.
Version 1.1 · As of October 2026