General Terms and Conditions walkingtoweb GmbH
A GENERAL PROVISIONS
1. Subject matter and scope of these General Terms and Conditions
1.1. These General Terms and Conditions (hereinafter referred to as "GTC Hosting") form an integral part of the contractual relationship between walkingtoweb GmbH, Hadlaubstrasse 112, CH-8006 Zurich, firstname.lastname@example.org, (hereafter: walkingtoweb), and the customer, provided they relate to one or more of the following topics:
1.1.1. Hosting websites using Apache as a web server, MySQL and PHP
1.1.2. Domain Registration and Domain Administration
1.1.3. eMail and Groupware Hosting
1.1.4. Hosting FileMaker Databases
1.1.5. Hosting of blue. Solutions
1.1.6. Hosting data archives
1.1.7. Housing of private servers
The GTC software of walkingtoweb.com will be used in contractual relationships; for services in the area of licensing and/or support of the standard software blue. and/or in the area of customer-specific software development.
1.2. General terms and conditions of the customer are expressly waived.
1.3. Deviating agreements are only valid if they are expressly made part of the contract. In the case of contradictions between the contract and the terms and conditions of GTC hosting, the provisions in the contract take precedence.
2. Conclusion of the contract
2.1. The offers on the walkingtoweb powered website www.walkingtoweb.com are not binding. The customer, who requests an offer by eMail, by telephone, in writing or via a form on the website, also makes a non-binding offer.
2.2. If expressly mentioned on the website www.walkingtoweb.com, the customer has the opportunity to test specific services for a certain period of time for free. Also in this case the customer has to accept in advance the present GTC hosting terms and conditions. At the end of the test period, the customer is free to opt for or decline the purchase of chargeable services. If the customer wishes to receive the tested services after the end of the test period, he or she confirms this by express acceptance of a binding offer from walkingtoweb. Non-reaction by the customer is considered a waiver of the receipt of benefits after the expiry of the test phase.
2.3. If the order does not utilise the test phase in accordance with section 2.2, walkingtoweb will provide the customer with a specific binding offer based on the customer’s specifications upon request. If the customer accepts this offer, which includes these terms and conditions, the contract is concluded. Acceptance can also be done implicitly (eg by paying the invoice, or by uploading data). A lack of customer response to the offer is considered a rejection.
2.4. walkingtoweb expressly reserves the right to reject a contract without stating reasons.
3. Subject matter of the contract
The specific required services will be defined in the contract.
4. Registration of the customer and access data
4.1. The customer logs on to the website www.walkingtoweb.com and opens an account. He or she will then receive an email with the customer access data and access will be activated by clicking on the corresponding link.
4.2. The customer is solely responsible for ensuring that only persons authorized by the customer apply for access, access the data and manage the contents. walkingtoweb has no audit obligations in this regard (see also section 5.5). The customer is also responsible for the security of the access data (passwords) and for the safekeeping of the same. If the customer suspects that unauthorized access to the infrastructure by third parties has occurred, or that customer information has fallen into the wrong hands, report this immediately to walkingtoweb.
4.3. If the customer wishes services in the field of domain registration and / or domain administration, the customer is solely responsible for ensuring that he or she is authorized to administer the domain and that the domain does not infringe upon the rights of third parties. walkingtoweb is not obliged to conduct research and / or clarification in this regard.
5. Obligations of the customer
5.1. Payment of fees
The customer is obliged to pay the fees owed for the specifically ordered services (see section 9).
5.2. Specifications regarding hardware and operating system
The customer agrees to comply with any technical specifications on the website www.walkingtoweb.com.
5.3. Lawful content and lawful conduct
The customer agrees to host only lawful content and in particular to comply with the requirements set out in sections 4 and 7.
5.4 Data backup
The customer is responsible for data backup (see section 6).
5.5 Responsibility for access data and obligation to notify
The customer is responsible for his or her login data (see section 4).
6. Data backup
6.1. The customer is solely responsible for the regular backup of customer data and programs. walkingtoweb recommends regular backup.
6.2. At certain intervals, but not necessarily at regularly recurring times, walkingtoweb performs backups of the contents on its systems (Databases, Files and eMails). It usually keeps these secured items for 14 days. However, this data backup by walkingtoweb in no way exempts the customer from the customer’s primary security obligation.
6.3. For a fee, to be agreed upon in individual cases, in the event of a loss walkingtoweb endeavors to be of assistance to the customer of data to the extent of its abilities. However, walkingtoweb does not assume any warranty or obligation; and such can also not be assumed from voluntarily provided assistance.
7. Inadmissible behavior of the customer
7.1. Customer Responsibility for Content
Customer is responsible for all content and information hosted at walkingtoweb. The customer takes into account not only the direct, but also the linked content on the customer’s website or content which is otherwise transmitted.
7.2. Explicit Prohibition of Illegal Content
The customer agrees to host only legal content at walkingtoweb, and to transmit only legal content via the servers of walkingtoweb. It is expressly forbidden to use the customer’s account and access customer data for illegal and/or, according to these GTC hosting, forbidden purposes or to allow such use by third parties.
In particular, but not exclusively, the following acts are prohibited:
- Publishing, transmitting, linking, requesting, offering, and promoting
- illegal pornography within the meaning of Art. 197 of the Swiss Penal Code www.admin.ch/opc/de/classified-compilation/19370083/index.html#a197
- content that violates intellectual property rights (in particular copyright, trademark, design and patent rights), as well as content that infringes on personal rights and/or publishes in violation of special secrecy obligations.
- other illegal content, in particular violence, the use of threats and coercion, defamatory, violent or racist statements and otherwise objectionable content.
- files and/or programs, which intended for the impairment and/or destruction of software and hardware (in particular virus programs, Trojans,, etc.)
- pretending to be a different person or registering using a false identity
- actions which attempt to illegally obtain login data and/or passwords.
- Gameserver, Adserver, Spamserver as well as other hackingservers are expressly prohibited.
- abuse of walkingtoweb's infrastructure by sending unauthorized bulk mail ("spam").
7.3. walkingtoweb only checks if the contractual services are working properly. A content control of customer data does not take place.
8. Rights of walkingtoweb in case of violations of section 7
8.1. walkingtoweb expressly reserves the right to block the customer's access in case of misuse or justified suspicion of such misuse and to terminate the contract in accordance with section 16.2. without notice. Customer fees will not be refunded.
8.2. The rights of walkingtoweb expressed in section 8.1. are applicable as well if a website was hacked, or there is a suspicion of a hacking attack, or if the customer fails to comply with basic security requirements related to his system, infrastructure, software and/or credentials (paragraph 4).
8.3. walkingtoweb expressly reserves the right to report criminal offenses to law enforcement authorities.
9. Remuneration and billing
9.1. Principly, prices are reckoned in CHF at the time of the conclusion of the contract. Any conversion into foreign currencies takes place at the exchange rate prevailing at the time of invoicing.
9.2. walkingtoweb expressly reserves the right to change prices. It notifies the customer within a reasonable period of time before the prices come into effect. If these changes result in additional costs for the customer, the latter has the right to terminate the hosting contract before the price increase goes into effect. If no comments from the customer are received before the price increase comes into effect, the increase is considered approved.
9.3. The prices are exclusive of VAT and any other taxes and duties. Invoicing, based on the charges calculated in advance, shall be made on a bi-annual basis according to the contract, unless otherwise agreed, and the fees shall be paid in full within 10 days of receipt of the invoice. After expiry of the term of payment, the customer is in default without a reminder.
9.4. In the event of non-payment or incomplete payment of the fees, walkingtoweb has an exceptional right of termination according to the terms of clause 16.2.
10. Care / Support
10.1. walkingtoweb undertakes to regularly maintain its servers, which are required for the provision of hosting services. However, walkingtoweb does not provide support for software installed by the customer on the hosting server, nor does it provide on-site support to the customer.
10.2. walkingtoweb can provide further support services upon request. Such services may be offered separately and are subject to separate charges.
The parties agree to treat with confidentiality all information about the respective other contracting party that is not generally known or generally accessible, unless expressly stated otherwise. This obligation is in force from the start of contact, before the conclusion of the contract, and survives the termination of the contract. The omission of a legitimate interest remains reserved.
12. Intellectual property
12.1. For the duration of the contract the client receives the non-exclusive, non-transferable and non-sublicensable right to use the services within the framework of the concluded contract.
12.2. Limits of the right of use
The customer will not be granted additional rights through paragraph 10.1. All rights already existing or arising during the term of the contract remain with walkingtoweb or with the respective property rights holders.
13. Data protection
13.1. The parties undertake to comply with the provisions of Swiss data protection legislation.
13.2. walkingtoweb takes the necessary technical and organizational measures. Hosting is exclusively on servers located in a secure and monitored data center in Switzerland. The data transfer between the customer and the servers is encrypted, provided that the customer has made the appropriate settings in the customer’s system.
13.3. walkingtoweb uses the personal data communicated to it by the customer, exclusively for the purpose of rendering the contractual services expressly ordered by the customer. A transfer of the data to third parties does not occur, although statutory information obligations (for example, requests from law enforcement agencies) remain excepted. The data required for the provision of services are stored by walkingtoweb within the scope of the legal requirements.
13.4. The customer is solely responsible for ensuring that the data he or she hosts at walkingtoweb comply with the data protection regulations and that the customer is entitled to receive the contractual service from walkingtoweb. walkingtoweb has neither the opportunity nor the obligation to monitor this compliance and assumes no responsibility for the content of customer data..
13.5. The customer has the opportunity to subscribe to a newsletter.
14. No warranty
14.1. walkingtoweb provides its services professionally and with care. It strives to provide high accessibility of the hosting service. However, there can be no assurance that the hosted services will be uninterrupted and that data will be transmitted without delay. In no event will walkingtoweb be responsible for any disruption or impairment of access due to circumstances outside of its control.
14.2. Maintenance windows are planned for necessary maintenance, which will preferably be scheduled for non-business critical times and communicated to the customer in advance. In urgent cases, and in particular in emergencies, walkingtoweb is entitled to do the maintenance without prior notice to the customer. walkingtoweb strives to keep downtime as short as possible.
14.3. If a specific accessibility is guaranteed in the case of an individual contract, the customer has the exclusive right to a reduction. A termination for cause without notice within the meaning of section 16.2. is allowed, whereby the customer bears the burden of proof for the existence of an important cause.
15. Liability of the parties
15.1. Liability of walkingtoweb
- walkingtoweb is liable for direct or immediate damage of the licensee up to the amount of the compensation paid in the course of the contract, if it has caused this intentionally or through gross negligence.
- Liability for slight negligence as well as liability for employees is excluded as far as legally permissible.
- walkingtoweb assumes no liability for indirect or collateral damages such as loss of profit, loss of data, loss of image or reputation, data damage, as well as for claims of third parties, for example, for the non-fulfillment of contractual obligations of the customer and/or a breach of clause 4.3. In addition, walkingtoweb is not liable if the damage is wholly or partly due to the behavior of the customer, in particular if he or she has not fulfilled his or her damage mitigation and/or contractual obligations. Likewise, walkingtoweb is not liable for damages that are due to third party products and services and/or circumstances that occur beyond workingtoweb’s control.
- walkingtoweb is not liable for any damage caused to the customer from the blocking of access, provided that it has sufficient reason to necessitate the blocking.
- All disclaimers apply to both contractual and non-contractual claims.
15.2. Liability of the customer
- The customer is liable for damages demonstrably caused to walkingtoweb, in particular, but not exclusively, on account of customer non-fulfillment of contractual obligations.
- If walkingtoweb is confronted with claims for damages by third parties and if the reason for these claims is due to a culpable behavior of the customer, the customer agrees to indemnify walkingtoweb in full.
16. Duration and termination of the contract
16.1. The term of the hosting contract results from the concrete offer for the contractual service. The contract is extended by the original term, unless it is terminated with one month's notice prior to the end of the term.
16.2. Both parties have the right to terminate the hosting contract without notice for important reasons. Important reasons include, but are not limited to, the following:
- Client's breach of the terms of the Agreement and these Hosting Terms and Conditions (especially Numbers 4 and 7)
- Non-payment of Hosting Fees (Number 9).
In the second case, termination is only possible if the payment is not made within ten days of receiving the first written reminder. If the license fee is not paid or not paid in full, walkingtoweb is entitled to block the customer's access after expiry of the payment period.
16.3. If the hosting contract is properly terminated, the customer is responsible for the fact that a download and a backup of his data takes place before the end of the booked term. With the closure of the account, the data stored by the customer on the servers of walkingtoweb will also be removed. If the contract is concluded by one of the parties in accordance with section 16.2., the customer must download and secure the data within 10 days of receipt of the termination without notice.
17. Contractual amendments, contradictions and partiality
17.1. Changes or additions to the contract must be made in writing.
17.2. If individual provisions of these terms and conditions are or become invalid or unlawful, the validity of the contract shall not be affected thereby. In this case, the relevant provision will be replaced by an effective provision which is as economically equivalent as possible.
17.3. The customer may only assign the contract or individual rights and obligations contained therein to third parties with the prior written consent of walkingtoweb. Should walkingtoweb be sold and/or transferred in whole or in part to another company, the contractual relationship is transferred to the legal successor. In this case, the customer does not have an extraordinary right of termination within the meaning of Section 16.2.
18. Applicable law and jurisdiction
18.1. Swiss law is exclusively applicable. The provisions of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (Vienna Sales Convention) are obsolete.
18.2. Jurisdiction is Zurich. Mandatory jurisdictions reserved.