General Terms and Conditions
walkingtoweb GmbH

This English translation is provided for information purposes only. In the event of any discrepancy between the German and the English version, the German version shall prevail.

GENERAL PROVISIONS

1. Subject matter and scope of these General Terms and Conditions

1.1. These General Terms and Conditions (hereinafter: “GTC Hosting”) form an integral part of the contractual relationships between walkingtoweb GmbH, Obsthaldenstrasse 187, CH-8046 Zurich, hosting@walkingtoweb.com (hereinafter: walkingtoweb), and the customer.

1.2. The customer's general terms and conditions are expressly excluded.

1.3. Deviating agreements are only valid if they are expressly made part of the contract. In the event of contradictions between the contract and the GTC Hosting, the provisions of the contract shall take precedence.

2. Conclusion of the contract

2.1. The offers on the website www.walkingtoweb.com operated by walkingtoweb are non-binding. A customer who requests an offer by email, by telephone, in writing or via the input form on the website likewise submits a non-binding offer.

2.2. Where expressly mentioned on the website www.walkingtoweb.com, the customer has the option of testing specific services free of charge for a certain period. In this case too, the customer must accept these GTC Hosting in advance. After the end of the test period, the customer is free to decide for or against purchasing chargeable services.
If the customer wishes to continue using the tested services after the end of the test period, the customer confirms this upon a corresponding request (binding quotation) from walkingtoweb by expressly accepting it. Silence on the part of the customer shall be deemed a waiver of the services after the end of the test phase.

2.3. If the order is not preceded by a test phase in accordance with section 2.2., walkingtoweb shall, on request, submit to the customer a specific, binding offer based on the customer's information. If the customer accepts this offer, which includes these GTC, the contract is concluded. Acceptance may also be implied (e.g. by paying the invoice or by uploading data). Silence on the part of the customer regarding the quotation shall be deemed a rejection.

2.4. walkingtoweb expressly reserves the right to refuse to conclude a contract without giving reasons.

3. Subject matter of the contract

The specific services owed are defined in the contract.

4. Customer registration and access data

4.1. The customer registers on the website www.walkingtoweb.com and opens an account. The customer then receives an email with the access data and activates access by clicking on the corresponding link.

4.2. The customer bears sole responsibility for ensuring that only persons authorised by the customer apply for access, access the necessary data and manage the content. walkingtoweb has no duty to verify this (see also section 5.5.). The customer is also responsible for the security of the access data (passwords) and for keeping them safe. If the customer suspects that third parties have gained unauthorised access to the infrastructure or that the customer's access data has fallen into the wrong hands, the customer must notify walkingtoweb immediately.

4.3. If the customer requires services in the area of domain registration and/or domain management, the customer bears sole responsibility for being entitled to register or manage the domain and for not infringing any superior rights of third parties. walkingtoweb is not obliged to carry out any research and/or investigations in this regard.

5. Obligations of the customer

5.1. Payment of fees
The customer is obliged to pay the fees owed for the services actually used (see section 9).

5.2. Requirements regarding hardware and operating system
The customer undertakes to comply with any technical requirements stated on the website www.walkingtoweb.com.

5.3. Lawful content and lawful conduct
The customer is obliged 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 backing up data (see section 6).

5.5 Responsibility for access data and duty to notify
The customer is responsible for the customer's access data (see section 4).

6. Data backup

6.1. The customer is solely responsible for regularly backing up the customer's data and programs. walkingtoweb recommends that the customer make regular backups.

6.2. walkingtoweb itself makes backups of the elements on its systems (databases, files and emails) at certain intervals, but not necessarily at regularly recurring times. It generally keeps these backed-up elements for 14 days. However, this data backup by walkingtoweb does not under any circumstances release the customer from the customer's primary obligation to make backups.

6.3. In return for separate remuneration to be agreed in each individual case, walkingtoweb will endeavour to assist the customer, within the scope of its possibilities, in the event of a loss of data on the customer's side. However, walkingtoweb gives no guarantee and assumes no obligation in such a case; nor can any such guarantee or obligation be derived from assistance provided voluntarily.

7. Prohibited conduct of the customer

7.1. Customer's responsibility for content
The customer is responsible for all content and information hosted with walkingtoweb. The customer acknowledges that this concerns not only direct content but also any linked content located on the customer's website or transmitted.

7.2. Express prohibition of illegal content
The customer undertakes to host only legal content with walkingtoweb and to transmit only legal content via walkingtoweb's servers. The customer is expressly prohibited from using, or allowing third parties to use, the customer's account and access data for illegal purposes and/or purposes not permitted under these GTC Hosting.

The following actions in particular, but not exclusively, are prohibited:
- publishing, transmitting, linking, requesting, redistributing, offering and promoting
- illegal pornography within the meaning of Art. 197 of the Swiss Criminal Code www.admin.ch/opc/de/classified-compilation/19370083/index.html#a197
- content that infringes intellectual property rights (in particular copyright, trademark, design and patent rights), as well as content that violates personality rights and/or is published in breach of special confidentiality obligations
- other illegal content, in particular depictions of violence, threats and coercion, defamatory, violence-inciting or racist statements and otherwise offensive content
- files and/or programs intended to impair and/or destroy software and hardware (in particular viruses, trojans, etc.)
- pretending to be another person or using a false identity when registering
- actions intended to obtain access data and/or passwords illegally
- game servers, ad servers, spam servers and other hacking servers are expressly not permitted
- misuse of walkingtoweb's infrastructure for sending unauthorised bulk email (“spam”)

7.3. walkingtoweb only checks whether the services covered by the contract function correctly. The customer's data is not subject to any content control.

8. Rights of walkingtoweb in the event of breaches of section 7

8.1. walkingtoweb expressly reserves the right to block the customer's access in the event of misuse or justified suspicion of such misuse and to terminate the contract without notice in accordance with section 16.2. Any fees already paid will not be refunded.

8.2. walkingtoweb is also entitled to exercise the right under section 8.1. if a website has been hacked or a hacking attack is suspected, or if the customer fails to observe elementary security requirements in connection with the customer's system, infrastructure, software and/or access data (section 4).

8.3. walkingtoweb expressly reserves the right to report criminal acts to the law enforcement authorities.

9. Remuneration and invoicing

9.1. As a rule, the prices in CHF at the time the contract is concluded shall apply. Any conversion into foreign currencies shall be made at the daily exchange rate at the time of invoicing.

9.2. walkingtoweb expressly reserves the right to change prices. It shall notify the customer of such changes within a reasonable period before they take effect. If these changes result in an additional burden for the customer, the customer has the right to terminate the hosting contract early with effect from the date on which the price increase takes effect. If no statement is received from the customer by the date on which the increase takes effect, the increases shall be deemed to have been approved.

9.3. Prices are exclusive of value added tax and any other taxes and duties. Unless otherwise agreed in the contract, invoices based on the fees calculated in advance are issued every six months, and the fees are payable without deduction within 10 days of receipt of the invoice. After expiry of the payment period, 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 extraordinary right of termination within the meaning of section 16.2.

10. Maintenance / support

10.1. walkingtoweb undertakes to maintain its servers required for the provision of the hosting services on a regular basis. However, walkingtoweb provides neither support for software installed by the customer on the hosting server nor on-site support services at the customer's premises.

10.2. walkingtoweb may provide further support services on request. Such services will be quoted separately where applicable and are subject to separate remuneration.

11. Confidentiality

Unless expressly agreed otherwise, the parties undertake to treat as confidential any information about the other contracting party that is not generally known or generally accessible. This obligation already applies from the time of first contact, before the contract is concluded, and continues after the contract has ended. The lapse of a legitimate interest remains reserved.

12. Intellectual property

12.1. For the duration of the contract, the customer receives the non-exclusive, non-transferable and non-sublicensable right to use the services within the scope of the contract concluded.

12.2. Limits of the right of use
The customer is not granted any rights beyond those set out in section 10.1. All rights already existing or arising during the term of the contract remain with walkingtoweb or with the respective holders of the property rights.

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 organisational measures. Hosting takes place exclusively on servers located in a secured and monitored data centre in Switzerland. Data transmission between the customer and the servers is encrypted, provided that the customer has made the corresponding settings in the customer's system.

13.3. walkingtoweb uses the personal data communicated to it by the customer exclusively for the provision of its contractual services expressly ordered by the customer. The data is not passed on to third parties, although statutory duties to provide information (for example, requests from a law enforcement authority) are expressly reserved. The data required for the provision of services is stored by walkingtoweb within the framework of the statutory requirements.

13.4. The customer bears sole responsibility for ensuring that the data the customer hosts with walkingtoweb complies with data protection requirements and that the customer is entitled to obtain the contractual service from walkingtoweb. walkingtoweb has neither the possibility nor the obligation to carry out any monitoring in this respect and accepts no responsibility for the content.

13.5. The customer has the option of subscribing to a newsletter.

14. No warranty

14.1. walkingtoweb provides its services professionally and with due care. It endeavours to provide a high level of availability of the hosting service. However, it cannot be guaranteed that the hosted services will be available without interruption and that data to be transmitted will be transferred without delay. walkingtoweb is under no circumstances responsible for disruptions and impairments of availability attributable to circumstances occurring outside its sphere of risk and control.

14.2. Maintenance windows are scheduled for necessary maintenance; these are placed outside business-critical times as far as possible and are notified to the customer in advance. In urgent cases, and in particular in emergencies, walkingtoweb is entitled to carry out maintenance without informing the customer in advance. walkingtoweb endeavours to keep downtimes as short as possible.

14.3. If a specific availability is guaranteed in the contract in an individual case, the customer is exclusively entitled to a price reduction. Termination without notice for good cause within the meaning of section 16.2. remains reserved, whereby the customer bears the burden of proof for the existence of good cause.

15. Liability of the parties

15.1. Liability of walkingtoweb
- walkingtoweb is liable for direct damage suffered by the licensee up to a maximum of the amount of the remuneration paid in the course of the contract, provided that walkingtoweb caused such damage intentionally or through gross negligence.
- Liability for slight negligence and liability for auxiliary persons are excluded to the extent permitted by law.
- walkingtoweb accepts no liability for indirect or consequential damage such as loss of profit, loss of data, loss of image or reputation, data corruption, or for claims by third parties, for example arising from the non-fulfilment of the customer's contractual obligations and/or from a breach of section 4.3. Furthermore, walkingtoweb is not liable if the damage is wholly or partly attributable to the customer's conduct, in particular if the customer has failed to fulfil the customer's duty to mitigate damage and/or contractual obligations. Nor is walkingtoweb liable for damage attributable to third-party products / third-party services and/or to circumstances occurring outside its sphere of risk and control.
- walkingtoweb is not liable for damage incurred by the customer as a result of access being blocked, provided that walkingtoweb had sufficient reasons for the necessity of the block.
- All exclusions of liability apply to both contractual and non-contractual claims.

15.2. Liability of the customer
- The customer is liable for damage demonstrably caused by the customer to walkingtoweb, in particular, but not exclusively, because the customer fails to fulfil the customer's contractual obligations.
- If walkingtoweb is confronted with claims for damages by third parties and the reason for these claims is attributable to culpable conduct on the part of the customer, the customer undertakes to indemnify walkingtoweb in full.

16. Term and termination of the contract

16.1. The term of the hosting contract is set out in the specific quotation for the contractual service. The contract is extended by the original term in each case unless it is terminated in writing with one month's notice to the end of the term.
16.2. Both parties have the right to terminate the hosting contract without notice for good cause. Good cause includes, in particular but not exclusively, the following:
- breach by the customer of the requirements of the contract and of these GTC Hosting (in particular sections 4 and 7)
- non-payment of the hosting fees (section 9).
In the second case, termination is only possible if payment is not made within ten days of receipt of the first written reminder. If the licence 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 terminated with notice, the customer is responsible for downloading and backing up the customer's data by the end of the booked term. When the account is closed, the data stored by the customer on walkingtoweb's servers is also removed. If the contract is terminated without notice by either party in accordance with section 16.2., the customer must download and back up the data within 10 days of receipt of the notice of termination.

17. Amendments to the contract, contradictions and partial invalidity

17.1. Amendments or additions to the contract must be made in writing.

17.2. If individual provisions of these GTC are or become invalid or unlawful, this shall not affect the validity of the contract. In this case, the provision concerned shall be replaced by an effective provision that 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 shall be transferred to the legal successor. In this case, the customer has no extraordinary right of termination within the meaning of section 16.2.

18. Applicable law and place of jurisdiction

18.1. Swiss law applies exclusively. The provisions of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (Vienna Sales Convention, CISG) are excluded.

18.2. The place of jurisdiction is Zurich. Mandatory places of jurisdiction remain reserved.