General Business Conditions (GBC) Internet DSL

Transcription

1 General Business Conditions (GBC) Internet DSL April 2015, Copyright Webland AG 2015

2 Contents I. Scope of application and effect II. Prices and conditions of payment III. IV. Beginning and duration of the contract Renewal, modification and termination of the contract V. Webland s range of services VI. VII. VIII. Customer s obligations and responsibilities, conditions of use Liability and warranty Final clauses Webland AG, Emil Frey-Strasse 85, 4142 Münchenstein, T: , F: , support@webland.ch

3 I. Scope of application and effect The subject matter of these General Business Conditions are all hosting offers and services delivered by Webland AG (hereinafter referred to as "Webland"). With the order of a product or service and with the use of a product or service, the customer (hereinafter referred to as "Customer") accepts these General Business Conditions in all points without reservation. Changes and/or additions to these General Business Conditions take effect with their online publication under With the use of services, the Customer accepts the business conditions in force. For domain registrations and hosting services, the General Business Conditions shall apply: GBC Hosting and GBC Domain. II. Prices and conditions of payment 1. The current prices are published online under Webland reserves the right to change the prices at any time. 2. The prices published are immediately effective for newly signed contracts. Renewed contracts are subject to the current prices published at the moment of their renewal. Price changes during the duration of the contract shall be taken into account for the following accounting period. 3. If Webland lowers its prices, it can adapt all discounts granted before the fall in prices. 4. The prices are inclusive of the legal Swiss Value Added Tax at the tax rate in force. 5. The accounts settled by Webland are done for 3 months (the accounting period starts on the date on which the service is put into operation). Installation flat rates and fees which may be charged for the month of registration become due with the first invoice. 6. Connection and subscription fees of other providers are not a part of this contract. These fees shall be charged to the Customer directly by the telecommunication companies. 7. In general, payments are to be made in advance. Invoices are to be paid by the payment date printed on the invoice. 8. In case of delayed payment, Webland is entitled to suspend the use of services and/or terminate the contract immediately (without any compensation) and therefore to delete the domain name and release it for registration. 9. The prices include the delivery of the services ordered according to the description under 1

4 III. Beginning and duration of the contract 1. The contract becomes effective immediately after receipt of the Customer s online order by Webland. 2. The electronic transmission of an online order implies that the Customer accepts all conditions of the contract. 3. The contract shall be concluded for the duration of the requested registration period (2, 5 or 10 years). The contract can be terminated by one of the contracting parties upon expiration of the requested registration period, observing the period of termination under Point IV If the Customer fails to comply with one or more of these agreements, Webland is entitled to terminate the contract immediately. IV. Renewal, modification and termination of the contract 1. Before the contract expires, Webland shall send to the Customer a reminder for contract renewal. 2. If the contract is not terminated within the period stipulated, it shall be automatically renewed for the same registration period. 3. The contract ends with its written termination by one of the two parties within the period stipulated. 4. The period of termination is 30 days for the end of the month of the minimum duration of the contract. After expiry of the minimum duration of the contract, the period of termination is 30 days for the end of a month. 5. In case of failure to comply with one of the conditions of the contract, Webland reserves the right to terminate the contract immediately and suspend all services. 6. Changes in the contract (change in the services delivered, change of domicile, change of phone number) must be in writing to be valid. Such changes shall be charged with a flat fee in the amount of the connection fee and are treated as equal to the conclusion of a contract. The new contract is subject to a minimum duration of one year. Changes in the contract can be made for the end of an accounting period. 7. In case of anticipated termination, the Customer is not entitled to the reimbursement of DSL fees paid. V.Webland s range of services 1. Webland gives the Customer access to the Internet according to the service ordered. Bandwidth details are to be understood as "best effort" and cannot be guaranteed. The quality of copper lines and the distance to 2

5 the local computer center may lead to losses of performance. 2. Webland may call in or instruct third parties for the delivery of its services. 3. Webland gives customer support both by hotline (at the usual call charges, no additional charges) or by e- mail. Hardware support can be given only for devices bought from Webland. 4. The services offered by Webland are without engagement. Webland may change the service package of all offers and options at any time, observing the period of termination under Point IV Webland attaches great importance to a high level of reliability and endeavors to deliver its services without faults and interruptions and within the scope of its operational resources. If possible, Webland informs its customers in good time about foreseeable interruptions required for maintenance work, service improvements, implementation of new hard- and software and trouble-shooting. VI. Customer s obligations and responsibilities, conditions of use 1. The Customer is fully responsible for the information published on the Internet. In particular, it is not allowed to: a) offer any erotic, pornographic, immoral, racialist or other material against the Swiss or international law on the Webserver; b) create links to information as described under Point VI.1.a; c) send abusive mass s (spamming) and to operate mailing lists to an extent that compromises the stability of Webland s servers; d) archive, copy or distribute legally protected software; e) provide information which offends against the copyrights of third parties; f) archive and spread computer viruses. 2. The Customer is responsible for the delivery and installation of connections, software and hardware. Webland does not guarantee that the services delivered are compatible with all software and hardware components or local parameters. 3. The Customer undertakes not to transmit its personal user identification to third parties nor to make them available to third parties. 4. It is up to the Customer to protect its equipment and data against unauthorized access by taking appropriate safety measures. 5. The Customer undertakes to answer for any claims and damages asserted against Webland due to the delivery of customer data or the use of the infrastructure by a customer of a third party. If a third party should ask for an injunction against Webland due to the Customer s data, Webland is entitled to block the 3

6 access to its infrastructure until the Customer has undoubtedly proved this claim to be unjustified. The Customer undertakes to use the infrastructure and services only in accordance with Webland s instructions and is liable for all damages it causes to Webland or other Internet participants due to inappropriate use. 6. If the Customer should offend against one or more points of this agreement, Webland is entitled to suspend the use of services and/or terminate the contract immediately (without any compensation) and therefore to delete the domain name and release it for registration. Webland reserves the right to make claims for damages. 7. The Customer undertakes to pay the fees due for the services ordered. VII.Liability and warranty 1. The Customer undertakes to pay the fees due for the services ordered. 2. Webland accepts no responsibility for direct or indirect damages due to technical problems, server breakdown, data loss, transmission errors, data insecurity or for other reasons. Webland can by no means be held liable for lost benefits and subsequent costs. 3. Webland is not responsible for damages and abuse committed by third parties. 4. Webland cannot be held liable for safety faults and operation failures caused by Webland s internal network, the telecommunication network of Swisscom AG and other network operators or by the Internet. 5. Webland cannot be held liable for safety faults and operation failures caused by Webland s internal network, the telecommunication network of Swisscom AG and other network operators or by the Internet. VIII. Final clauses 1. These General Business Conditions are exclusively subject to Swiss law. The place of jurisdiction is CH-4144 Arlesheim (Switzerland). 2. Should one of the provisions of these General Business Conditions be ineffective, the contract will continue to exist and the effectiveness of the other provisions will remain unaffected. The ineffective provision is to be replaced by a regulation whose effects come as close as possible to the aim pursued with the ineffective provision. 3. In the event of inconsistencies or questions of interpretation between the German and the English versions of these General Business Conditions, the German version shall prevail. 4

7 Copyright Webland AG 5