General Terms and Conditions of S & C Asset Management and Consulting AG for private and commercial customers:


§ 1 validity

1. The following terms and conditions apply to the services of S & C Asset Management and Consulting AG (hereafter referred to as provider, provider, ISP or operator) vis-à-vis its contractual partners (hereinafter referred to as customer). Deviations from this require the written form. The change of the written form in turn requires the written form.

2. The provider is entitled to change these terms and conditions with a reasonable notice period or supplement. The changes will take effect according to the announcement, if the customer does not contradict them in writing by the time of the announced date of entry into force of the change. If the customer objects in due time, the contract ends with the repayment of overpaid amounts at the time the changed terms and conditions come into force. This does not apply to changes that are only positive for the customer or if the terms and conditions are not changed for existing contracts.

3. The invalidity of individual conditions does not affect the validity of the contract, nor the other provisions.

Rather, in place of the invalid provision, a substitute provision which corresponds to the purpose of the agreement or at least comes into force, which the parties would have agreed to achieve the same economic result, if they had known the ineffectiveness of the provision. The same applies to the incompleteness of the provisions.


§ 2 Conclusion of the contract

The contract for the use of services and offers of the provider comes about through the acceptance of the written contract by the provider to conditions. If an order has been made by means of a real-time ordering system via the homepage, the order is made by sending or sending the order confirmation to the provider. The provider is also entitled to accept contracts and orders in individual cases by telephone, fax and e-mail. Each closed contract is an annual contract, unless in individual cases something else gem. of the respectively valid description of services. The provider is charged by the customer with the execution of the service before the end of the withdrawal period. This ensures that the activation of services and registration of domain names can be done immediately.


§ 3 Content of the contract

The ISP provides the Customer with an operational computer system or applications on a server in accordance with the terms of this Agreement, as further described in the Purchase Order or the associated Service Description. A guaranteed connection speed (eg of 100 MBit / s) is not part of the contract and can not be guaranteed by itself. However, the ISP ensures that an appropriate connection speed is available. The ISP reserves the right to provide the customer with a computer system comparable to the reference model specified in the order form. As far as possible within the scope of the possibilities for the ISP without additional expenditure and additional costs, consideration is given to the wishes of the customer. However, there is no entitlement to the provision of specific server hardware or software. The scope of the contractual services results from the contract or from the respective service description (with price list) of the provider. This is available on the provider's website for retrieval and are in their respective form part of the contract.

2. The provider reserves the right to extend, modify and make improvements, especially if this change is commercially custom, appears necessary to prevent misuse, or the provider is obliged to do so by amending the law or the case law. Voluntary, free services and services rendered by the Provider may be discontinued at any time without prior notice. For the customer, such voluntary gratuitous services do not give rise to any claims.

3. The customer also guarantees the supplier an annual price adjustment right. The provider will only use this price adjustment right if this is necessary to compensate for increased costs.

4. The provider has the right to delete data of the customer immediately after termination of the contractual relationship. The Customer must ensure that the data is transferred ("downloaded", "retrieved", "received") from the server to its local hard disk before termination of the contractual relationship.

5. The Provider has the right to use third parties for the provision of services at any time and to any extent. A reduction or other claim does not result for the customer.

6. Invoicing is exclusively online. Provided invoices are sent in PDF format by e-mail. Please note that these invoices are not issued with a qualified electronic signature. The sending of the invoice by post is possible for a fee (currently 1 Euro per invoice in the EU area).

7. If a specific capacity is mentioned in the order form, the price list or the specification of services, this shall apply to the entire capacity of the service available in accordance with the agreement. The customer may only use the agreed capacity. If the exceeding of the same results in reduced performance or data losses or delays or the like, the ISP shall not be liable for this.

8. In the event of a hardware failure, the ISP will provide free replacement of the defective components, including installation, as well as the restoration of the system with complete configuration as in the initial setup and data recovery from the last backup. The ISP will strive for a speedy settlement. However, the ISP is entitled to demand compensation for the restoration services in accordance with the agreed hourly rate for other services, provided the failure is attributable to the sphere of the customer or, if it is not a warranty case.

9. The customer has no real rights to the server and no right of access to the premises in which the server is located.

10. The ISP operates and maintains the server and provides the connection of the server to the Internet. The constant availability as well as the flawless function can not be guaranteed for technical reasons. The ISP monitors the health of the server and its connection to the Internet, and strives to resolve any errors, interruptions or malfunctions that occur. Backups are not included in the hosting contract, but can be provided for a fee.

11. The customer is obliged to regularly backup all files and software settings which he can access and to keep the backup up-to-date at all times; In any case, the preparation of backup copies must be made before the customer makes any changes and in any case before the maintenance work announced by the ISP. This also applies if and insofar as the ISP has undertaken to create backups.

12. The transfer, in particular the resale, of the contractual services by the customer is prohibited and requires a separate explicit and written consent by the ISP (reseller contract).

13. In the case of contradictions between the order and the order confirmation, our declaration shall be made, unless the deviation is to be evaluated as a new contract offer.

14. Obvious mistakes, typographical errors, printing errors and arithmetical errors that occur during the presentation of an offer or in the context of an order confirmation are not binding on us.

15. The prices include the Swiss VAT valid at the time of the order plus the flat-rate freight costs stated in the order.

16. All images that we use in the online presentation to display goods are just sample photos. They do not represent the respective article in each case true to life, but serve only for illustration. The products may differ from the photo. Decisive is the technical description of the item.

17. Our services are only suitable for normal personal or commercial use, but not for use in critical safety systems, nuclear power plants or medical devices with life support function. We are not responsible for any damage resulting from such use or comparable use.

18. Goods remain the property of S & C Asset Management and Consulting AG until full payment.


§ 4 Obligations of the customer

1. The customer is obliged to check the call links, names and strings used by him for their compatibility with the rights of third parties, eg with name, trademark, copyright or other protective rights, as well as with the general laws. With the use of the customer assures that he has fulfilled this obligation and that in this review, no evidence for the violation of third party rights or other legislation have emerged. The customer is obliged to provide the provider with a valid postal address - but not a PO box or other anonymous address - and to update these independently via his customer menu or by notification by post, fax or email if necessary. The Provider has an information claim in relation to the customer in this regard. The burden of proof regarding sending the change notification lies with the customer.

2. The customer must refrain from improper use and illegal actions on the Internet and ensure that its presence does not affect the presence or offers of other customers and that server stability, server performance or server availability is in any way impaired. It is expressly forbidden for the customer to publish, offer or otherwise make accessible content with erotic or sexual content (FSK 16, FSK 18). This also applies if the contents can be reached by means of a service used via the provider and / or services and / or services of the provider are used directly or indirectly, directly or indirectly for the reproduction and publication.

3. For use by third parties, the customer alone is responsible and fully liable. A misuse of services used by third parties may be blocked. The operator reserves the right to prohibit the use by third parties in individual cases. If the use by third parties is not permitted or prohibited, this does not result in any reduction, reimbursement or damage claims for the customer. However, the customer may terminate the contract without notice for reimbursement of overpaid fees within 7 working days of the termination of the prohibition. The customer also has to pay the fees which have arisen within the scope of the possibilities of use made available to him by authorized or unauthorized use of the services by third parties. A transfer of login, access and administrative data (username, password, etc.) is expressly prohibited. The customer is obliged to keep his access data, order and customer number, passwords, etc. secret and to ensure that no unauthorized person gains access to this data.

4. The customer is obliged to inform the operator of faults, defects and damages without delay. The customer must reimburse the operator for any costs incurred for the rectification of such faults, defects and damages for which the customer is responsible.

5. The provider is entitled to collect due invoice amounts and due recurring amounts from the account, including PayPal, of the customer. The customer gives his consent to direct debit by direct debit or dealer debiting at PayPal. The Provider expressly reserves the right to agree to other forms of payment. If, due to a resubmation of the direct debit authorization by the customer or due to other reasons for which the customer is responsible, no participation in the direct debit procedure is possible, a processing fee of EUR 15.00 per invoice will apply due to the increased processing and bookkeeping costs. This also applies to every case of a return debit note. The customer has to ensure adequate coverage of the notified account and notify the operator of a change in his contractual personal data (name, address, email address, bank details) immediately. The customer is aware that the specification of a foreign address or a PO box address is insufficient and entitles the provider to block all services. If a direct debit from the provider is given back by the customer's bank (return of debit note), the debit is rejected or the customer is in default, the provider is entitled to block all services and facilities used by the customer. Each blockage and re-activation of the account will be charged with 25,00 EUR each (lock / unlock fee). After a successful suspension, activation will take place at the earliest after payment of the blocking / unlocking fee. A lock does not relieve the customer of his obligation to pay. In this case, the customer remains obliged to pay the fees and bear the costs of recommissioning. In addition, the provider may terminate the contractual relationship without notice and demand compensation for non-fulfillment of contracts with minimum lease. The fees for individual reminders are each 3 euros. Direct debits are also payments via PayPal.

6. The customer is liable for all consequences and disadvantages that arise for the provider and third parties due to the improper or illegal use of services of the provider or the fact that the customer does not fulfill his other obligations. The operator assumes no liability for the consequences of breaches of duty by the customer. In the event of a breach of duty by the customer, the operator is entitled to immediately block all services. Any blockages and re-activations will be charged with 25,00 EUR each (lock / unlock fee). After a successful suspension, activation will take place at the earliest after payment of the blocking / unlocking fee. A lock does not relieve the customer of his obligation to pay. The provider is entitled to these rights in particular if it is claimed by third parties for injunctive relief and / or compensation and / or if it is requested to do so by a law enforcement authority or a court. In the case of violation of the customer, the provider reserves the right to terminate without notice. Damages or other claims of the provider remain unaffected. Insofar as the provider is claimed by third parties for unlawful acts of the customer - in particular in the area of ​​data protection, copyright and competition law - the customer undertakes to exempt the supplier from all conceivable claims and those from the claim or elimination of the unlawful condition to bear the costs incurred.

7. The customer undertakes not to deposit any unlawful or erotic content or information on the server nor to point in any form to unlawful content offered by him or third parties or to publish links to such offers , In case of violations, the customer is obliged to indemnify and defend against the ISP. This also applies to any other form of misuse. For the control of contents of the customer, which are stored or transported on the server, the ISP is neither justified nor obligated. The ISP is not liable for these contents, even if the access to these contents takes place via a link from the homepage of the ISP. If the ISP is claimed for this, the customer is obliged to completely indemnify and hold harmless.

8. The customer undertakes not to use the contractual services in any way that leads to the impairment of third parties or for the ISP or other security or operationally hazardous, otherwise he will indemnify and hold the ISP harmless. He further notes that in case of excessive data transfer, the server may be overloaded and therefore may not work. Any claims in this regard against the ISP are excluded. In addition, the customer undertakes to inform the ISP immediately and completely in the case of other damages, if he is seized from the use of the contractual services in court or out of court.

9. The customer acknowledges that the ISP does not have an unrestricted obligation to transport the data or connect the server to the Internet. In any case, there is no such obligation if the ISP itself would otherwise be exposed to the risk of legal persecution. The customer further notes that under certain conditions the ISP is entitled and obliged to provide information concerning the customer.

10. The customer is obliged to unconditionally secure his connection, his terminals and his access data to protect against unauthorized access. The customer acknowledges that the storage of passwords, access data and other secret information on the hard disk of a PC is not secure. Furthermore, he notes that by retrieving data from the Internet viruses, Trojan horses or other components can be transferred to his terminal, which can have a negative effect on his data or lead to the misuse of his access codes. Likewise, the customer acknowledges that this can be done by hackers. The ISP is not responsible if the ISP has not acted deliberately or through gross negligence. Remuneration claims generated thereby are to be paid by the customer (except in the case of fault of the ISP). The customer is obliged to immediately notify the ISP of any suspicion that his access data or other secret information may have been disclosed to unauthorized third parties. In any case, the customer is liable for damages caused to the ISP by insufficient secrecy of the access data by the customer; by passing on to third parties; Failure to timely report a suspicion that data may have been disclosed to unauthorized third parties or that such data has not been secured by its end devices and systems.

11. The customer may not search for data of other customers of the ISP or the ISP itself, who are not aware of his knowledge, not pass these or information on access to them, sell or otherwise exploit. If the customer encounters such data that are not intended for his knowledge or if he receives information about how to access them, the customer must immediately inform the ISP and in any case maintain confidentiality.

12. The customer acknowledges the national and international domain registration guidelines.

13. The buyer is obliged to provide only truthful information when registering (logging in). Changes in important data for our business relationship (eg name, address, e-mail address, consumer property) must be communicated to us by the buyer without delay, otherwise before the next order. If we are notified of false data, we are entitled to rescind existing contracts and to block our online shop for this buyer.

14. The buyer guarantees that the e-mail address provided by him is reachable. If the receipt of e-mails is prevented due to forwarding, decommissioning or overcrowding of the account, we are entitled to the rights acc. Para. (1).

15. Immediately after the order has been placed, the buyer receives an acknowledgment of receipt from us by e-mail. The buyer undertakes to inform us immediately if he has not received this confirmation in a timely manner.


§ 5 Provider change, deletion

1. The ISP is entitled to immediate termination of the contract or service interruption or service shutdown, if the conduct of the customer or persons attributable to him makes the continuation of the contract unreasonable, in particular if the customer does not comply with the netiquette or despite request of the ISP disturbing or unauthorized facilities not immediately remove or misuse services or violate any law, or violate contractual obligations, or cause unusually high data transfers due to its use. The ISP must take the proportionality aspect into account. The decision between contract termination on the one hand and mere service interruption or service shutdown on the other hand is at the discretion of the ISP.

2. All cases of justified immediate termination of the contract, service interruption or shutdown occurring for a reason attributable to the sphere of the customer shall leave the claim of the ISP on the consideration for the contractually agreed term until the next termination date and on the assertion of claims for damages unaffected.

3. The customer is expressly advised that upon termination of the contractual relationship, the ISP is no longer obliged to continue the agreed services. The ISP is therefore entitled to delete stored or retrievable content data. The timely and regular retrieval, storage and backup of such content data is therefore the sole responsibility of the customer. Therefore, the customer can not derive any claims against the ISP from the justified deletion.


§ 6 Set-off and retention right

Against claims of the provider, the customer has the power to offset only to the extent that the counterclaims are undisputed or legally established. The customer is entitled to assert a right of retention only for counterclaims from the contract with the provider.


§ 7 Force Majeure

1. The provider is exempted from the obligation to pay in cases of force majeure. Force majeure includes all unforeseen events as well as events whose effects on the performance of the contract are not the responsibility of either party. These events include, in particular, lawful industrial action, including at third-party sites, government actions, failure of communications networks and gateways of other operators (eg data center management problems, bankruptcy), disruptions to service providers, other technical disruptions, even if these circumstances are in the area of ​​subcontractors, Subcontractors or their subcontractors or in the case of subcontractor operators authorized by the Provider. The customer indemnifies the provider in this respect from all claims of third parties. Claims for damages or other claims do not arise for the customer in the event of failures not attributable to the provider.

2. The provider assumes no liability for direct or indirect damage due to technical problems, server failure, data loss, transmission errors, data uncertainty or other reasons, unless intent or gross negligence can be proven. All claims of the customer are limited to the order value, if permitted by law. The customer is responsible for the security of his data. The provider makes backup copies (backup) only for losses in the area of ​​the provider (hardware failure, etc.).


§ 8 Contract duration, termination of contract, termination, delivery, payment, liability, licenses

1. The contract duration results from the respective service description. If no minimum duration is specified, this is 12 months.

2. The concluded contract is extended by 12 months, unless otherwise stated in the respective service description of the tariff or the contract is terminated in due time.

3. The notice period is 1 month at the end of the respective (minimum) term.

4. In the event of unusual and / or improper use by the customer, the operator reserves a special right of termination with a seven-day notice period. This applies in particular in the case of impairment of other customer accounts and / or systems of the provider by the customer. Claims for damages or other claims do not arise for the customer. The seven-day notice period does not apply if there is a risk of default. Then the provider is entitled to deactivate the customer account (s) immediately.

5. The ISP reserves the right to change the fee if the costs for the calculation change. If discounts have been agreed with the customer compared to the usual price list, the customer does not participate in any price reductions, unless otherwise expressly agreed. For consumers, the fees are in particular made up of server costs, server housing costs and related services, energy costs, staff costs, room charges, fees and taxes; should the underlying costs change, the fee increases or decreases accordingly; for consumers, however, this only applies insofar as the underlying costs have changed as a result of circumstances beyond the control of the ISP; Furthermore, a fee increase for consumers may not be demanded for services that are to be provided within two months after the conclusion of the contract.

6. The ISP reserves to companies, without prejudice to any claims for damages and subject to the right to premature termination of the contract, an immediate and immediate right to change prices, if it comes to an unusually high load on the server or unusually high data transfer.

7. Charges are to be paid in advance, unless otherwise expressly agreed in writing. Payments are due promptly upon receipt of invoice without deductions.

8. The customer is liable for all compensation claims that result from the use of the service provided to him or his access data (including by third parties), if the misuse is attributable to the customer.

9. The actual delivery deadlines are based in particular on the delivery deadlines of our partners and suppliers. If our non-binding delivery deadlines are actually significantly exceeded, we will inform the buyer immediately.

10. The delivery deadlines are extended, without us separately, if the buyer has chosen the method of payment 'prepayment', but does not pay.

11. A payment is deemed to be made only when we can dispose of the amount.


§ 9 Privacy

1. The customer is hereby informed that the provider records his address data in machine-readable form and machines for tasks resulting from the contract. In addition, login and access data are stored for evidence purposes. The customer agrees to this.

2. Insofar as the provider makes use of the services of third parties contractually owed, he is entitled to disclose the participant data if this is necessary for the provision of the service.

3. Both parties to the contract are responsible for ensuring that the personnel involved in the execution of the contract knows and adopts the relevant data protection and other relevant legal provisions.

4. Both parties must keep passwords secret and immediately change them as soon as it is suspected that unauthorized third parties have received knowledge of the password. The customer will inform the provider immediately if there is a suspicion. The same applies vice versa for the provider, if he makes changes to passwords that are of importance to the customer and his activities. The transmission of the new passwords takes place in agreement between the contracting parties exclusively to specially authorized persons of the respective contractual partner.

5. The provider may collect, process and use personal data on the basis of the applicable data protection regulations applicable to the area, insofar as this is necessary for the performance of the respective contractual relationship (ie for the justification and any changes to the contractual relationship including its content and the provision of leased lines) (inventory data). This authorization also applies to a third party commissioned by the operator, who may also be based abroad.

6. The inventory data will be deleted at the latest at the end of the calendar year following the termination of the contractual relationship, unless there are special reasons in individual cases. Insofar as customers have objected to the amount of the connection charges stated in the invoice, the billing data may be stored until the objections have been finally clarified. In addition, inventory data may be retained for a period of two years, as long as complaint handling and any other reason for proper settlement of the contract require it. In addition, the deletion of inventory and billing data may be omitted, as far as provided for by law or the prosecution of claims requires this.

7. The provider records the current IP address of the customer when placing the order and using the customer menu together with the date, time and other relevant data. These are treated confidentially and are not used to create user profiles or the like.Rather, they serve only the purpose of being able to understand an order or processes in the customer menu in case of problems, ambiguities, etc. In addition, the provider reserves the right to disclose this data at the request of a prosecutor or a court of competent jurisdiction.


§ 10 Final Provisions

1. Place of performance is Zug, Switzerland. Exclusive place of jurisdiction for all claims arising out of and on the basis of the contractual relationships between the contracting parties including check and bill of exchange claims and all disputes arising between the parties regarding the conclusion, completion or termination of the contract - insofar as the customer is a registered trader, a legal entity under public law or public special fund is - Zug, Switzerland. The provider reserves the right to bring actions against the customer at its general or other statutory place of jurisdiction.

2. For the contractual relations of the contracting parties, Swiss law applies exclusively, excluding the UN sales law.
v 3. Should any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining provisions. Rather, in place of the ineffective provision, a substitute provision which corresponds to the purpose of the agreement or at least approximates which the parties would have agreed to achieve the same economic result, if they had known the ineffectiveness of the provision. The same applies to the incompleteness of the provisions.

4. By placing an order, the customer expressly declares that he has reached the age of eighteen and is fully capable of acting. Insofar as the customer has not reached the age of eighteen, he assures by placing the order that he is entitled to this.

5. All brands and company names mentioned on the S & C Asset Management and Consulting AG homepage are for information purposes only and do not constitute a violation of trademark protection.

REVOCATION

Withdrawal

As a consumer, you can cancel your contract within two weeks without giving reasons in writing (eg letter, fax). The period begins at the earliest with receipt of this instruction. To maintain the cancellation period, the timely dispatch of the revocation is sufficient.The revocation must be sent to: S & C Asset Management and Consulting AG, Bleichistr. 8, 6300 Zug, Switzerland.

Consequences of Withdrawal

In the case of an effective cancellation, the mutually received benefits must be returned. If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value.

Special Consequences

Your right of revocation expires prematurely if your contracting party (S & C Asset Management and Consulting AG) has started the execution of the service with your express consent before the end of the revocation period (eg domain registration, account establishment and activation) or if you have initiated this yourself ( eg by downloading software programs, online orders as part of real-time ordering, etc.)


S & C Asset Management and Consulting AG Zug, 01.03.2019