Terms & Conditions


1  General regulation

1.1  Scope and validity

1.1.1  These General Terms and Conditions (GTC) regulate the conclusion, content and processing of contracts between customers (hereinafter referred to as "customers") and Digitalhosting, for the procurement, installation and maintenance of hardware and software and the provision of other IT Services.

1.1.2  The terms and conditions are an integral part of all offers and contracts between the customer and digital hosting. Deviations from these terms and conditions and / or additions as well as changes and additions to concluded contracts must be in writing.

1.2  Prices and terms of payment

1.2.1  All prices in all offers and contracts between the customer and digital hosting are in Swiss currency, excluding VAT.

1.2.2  Invoices from Digitalhosting for services / deliveries from all contractual relationships are to be paid within 10 or 30 days of invoicing net without any discount.

1.2.3  Periodic fees are invoiced in advance on a monthly basis.

1.2.4  Failure to meet the payment deadline will result in default in payment without an express reminder. Digitalhosting is entitled to 5% default interest as well as reimbursement of all dunning, collection, lawyer and court costs as well as further damage.

1.2.5  Until the purchase price has been paid in full, products remain the property of Digitalhosting and may not be pledged or assigned as security.

1.2.6  The customer cannot set off his own claims with claims from digital hosting. Exceptions are claims that are recognized in writing by Digitalhosting or that have been legally established by a court.

1.2.7  In particular, in the event of a change in total costs or a high level of use of a service, the prices can be increased by digital hosting with a notice period of 30 days.

1.2.8  If the place of fulfillment of the order is outside the company domicile, digital hosting will be charged for the journey and return route or for the transport of the goods. Digital hosting, Tel .: 056 402 05 07 info@digitalhosting.ch, Breitistrasse 15, 5506 Mägenwil, Switzerland


2  Procurement / creation of hardware and software

2.1 Conclusion of a contract

2.1.1  Unless otherwise specified in the offer, digital hosting is bound to the offer for 10 days from the date of issue.

2.1.2  The contract is concluded by accepting the offer in writing or by signing a separate contract.

2.1.3  If additional costs for digital hosting are associated with subsequent order / contract changes, these costs are borne by the customer.

2.1.4  If an order is canceled prematurely by the customer, the hours actually worked will be billed regardless of the result achieved.

2.2 Delivery

2.2.1  Deadlines stated by Digitalhosting, in particular delivery dates, are only binding if they have been promised in writing as binding.

2.2.2  Operational disruptions, delayed delivery or, in particular, non-delivery by digital hosting suppliers and events of force majeure, strikes and other hindering circumstances entitle Digitalhosting to extend the delivery times and / or cancel the delivery obligation to the exclusion of claims for damages by the customer.

2.2.3  The dispatch of products by the digital hosting takes place at the expense and risk of the customer. Damaged shipments must be reported to the carrier immediately upon receipt of the goods.

2.2.4  Changes to orders lead to the cancellation of the agreed dates and deadlines, unless otherwise agreed.

2.2.5  Complaints about the delivery must be made in writing to Digitalhosting within 5 days of receipt of the goods, otherwise the delivery is considered approved.

2.3  Examination and notification obligation

2.3.1  The customer is obliged to test delivered hardware and software or software parts for errors immediately upon receipt and to report any recognizable errors to Digitalhosting immediately.

2.3.2  Digitalhosting is entitled to have services owed by it provided by third parties. It is also entitled to partial deliveries and partial services.

2.3.3  The acceptance of individual software is deemed to have taken place at the latest if the customer has not raised a complaint within 30 days of installing or handing over the programs or program parts. Digital hosting Tel .: 056 402 05 07 info@digitalhosting.ch, Breitistrasse 15, 5506 Mägenwil, Switzerland


3 Hosting Services

3.1 Start of subscription and cancellation

3.1.1  The subscription begins on the start date requested by the customer.

3.1.2  The subscription declaration (order) must be received by Digitalhosting at least 10 working days before the start of the subscription. Digitalhosting cannot be held liable for initializations that are not complied with.
 
3.1.3  The minimum contract duration is one year, it can be terminated at the end of the new contract year.

3.1.4  If the contract is not terminated by either party, the term is automatically extended.
 
3.2  Invoicing

3.2.1  All services are billed monthly.

3.2.2
If the amount is not transferred on time, the services can be blocked until payment is received. The reactivation fee for blocked services is CHF 50.-.

3.3 System availability

3.3.1  If direct access to the Internet through no fault of the customer is not guaranteed for the related period of at least 48 hours and the customer has informed Digitalhosting of this, the subscription fee due is reduced by 1/30 of the monthly basic fee for every 24 consecutive hours of complete service interruption . This reduction will be taken into account when the next invoice is issued.

3.3.2  Service interruptions that are shorter than mentioned above do not lead to any claims.

3.4 Responsibilities / Danger

3.4.1  Digitalhosting assumes no responsibility for any damaging consequences of a service interruption. In particular, digital hosting does not compensate for lost profit or indirect damage in this regard.

3.4.2  The customer delivers the text, music, images and graphics (hereinafter referred to as material) which are optimized by digital hosting for the Internet. The customer guarantees that his material does not infringe any third party rights. The customer also releases digital hosting from all claims asserted by third parties and holds digital hosting harmless for all expenses and other consequences arising from such an occasion. In the event of any misuse, the customer alone is fully liable.

3.4.3  Digitalhosting assumes no liability for damage caused by malicious routines (viruses, worms, etc.). Digital hosting, Tel .: 056 402 05 07, info@digitalhosting.ch, Breitistrasse 15, 5506 Mägenwil, Switzerland

3.5 web design

3.5.1  The copyrights and copyrights of the design and concept as well as graphics and program code remain the property of Digitalhosting. With the acquisition of the website only a "use" license is granted.


4 Warranty and liability

4.1 Warranty

4.1.1  The customer is aware that, taking into account the wide range of possible applications and with regard to its complexity, software may not be delivered or installed without errors. According to the current state of the art, it is generally not possible to guarantee that the software is completely free of errors.

4.1.2  The functionality of the software created by Digital Hosting also depends on various factors that Digital Hosting cannot influence (hardware and software of the customer, operation, data transfer, power failure, updates, troubleshooting, interventions by the customer or third parties, etc.).

4.1.3  In addition, Digitalhosting cannot guarantee that hardware / software can be used continuously, without interruption and without errors in all combinations requested by the customer, nor that the correction of a program error excludes the occurrence of other program errors.
 
4.1.4  For software from third parties, any guarantee by Digitalhosting is excluded, even if such software is integrated into the Digitalhosting programs.
 
4.2 Liability

4.2.1  Digitalhosting is only liable to the customer for damage incurred insofar as digitalhosting is guilty of intent or gross negligence. Digitalhosting is not liable for indirect damage and consequential damage, such as lost profit, additional expenses, personnel costs, unrealized savings, third-party claims, loss of data or more.

4.2.2  The guarantee is excluded if the customer does not meet his above-mentioned inspection and complaint obligations.

4.2.3  If the customer or a third party makes changes to the software and / or hardware supplied, the warranty claim expires, unless the customer can prove that the defect is not due to the changes.

4.2.4  If software or hardware installed by Digitalhosting is used incorrectly or improperly by the user, which suddenly causes problems, errors or even data loss, Digitalhosting distances itself from any liability. Digitalhosting Tel .: 056 402 05 07 info@digitalhosting.ch, Breitistrasse 15, 5506 Mägrenwil, Switzerland


5 Final Provisions


5.1 Confidentiality

5.1.1  The contractual partners treat all facts as confidential that are neither obvious nor generally accessible.

5.1.2  In case of doubt, facts must be treated confidentially and there is a mutual consultation obligation.

5.1.3  This confidentiality obligation also exists before the contract is concluded and also after the contractual relationship has ended.

5.2 Assignment, transfer and pledging

5.2.1  Rights and obligations arising from the contractual relationship and the contract as a whole may not be assigned, transferred or pledged, in whole or in part, to third parties without the prior written consent of the contractual partner.

5.3 Applicable Law

5.3.1  This legal relationship is subject exclusively to Swiss law.

5.3.2  The customer accepts these terms and conditions in all points with every telephone, oral, electronic or written order. Unless expressly agreed otherwise, the provisions of Art. 394 to 406 OR apply. The place of jurisdiction is Baden.

Digital hosting, Tel .: 056 402 05 07 info@digitalhosting.ch, Breitistrasse 15, 5506 Mägenwil, Switzerland