Conditions

1.1 Validity of the terms and conditions
These general terms and conditions (GTC) apply in the current version, published at www.webritter.ch, for the legal relationship between WebRitter and the customer for all contracts for the provision of services by WebRitter to the customer, in particular also for services due to contract changes / supplements or additional orders, even if the terms and conditions are not agreed again. Services for which WebRitter expressly declares different conditions as applicable are excluded from the validity of these General Terms and Conditions. Business, purchase or other conditions of the customer are not part of the contract, unless WebRitter has expressly recognized them in writing as binding.

1.2 Third Party Terms
When using certain products or additional services, the customer must acknowledge the terms of use, license or terms and conditions of third-party providers (domain registrar, SSL certification authority, software manufacturer, data center operator), which is usually indicated separately or consent is obtained separately. Regarding domain registrations, the conditions of the respective registrar or registry operator, depending on the domain extension, must be referred to, which the customer expressly recognizes. The following are the most important specific references:

• https://www.icann.org/resources/pages/registries/registries-agreements -en
• https://www.icann.org/resources/agreement/com-2012 -12-01-en
• https://www.icann.org/resources/agreement/net-2017 -07-01-en
• https://www.icann.org/resources/agreement/org-2013 -08-22-en
• https://www.nic.ch/export/shared/.content/files /SWITCH_AGB_en.pdf

WebRitter disclaims all liability with regard to the validity and content of these links.

1.3 Deviation / changes
Agreements that deviate from or supplement the GTC are only valid if the parties expressly agree in writing (exchange of emails is sufficient). WebRitter can change these terms and conditions at any time without giving reasons. The changed terms and conditions take effect on the date of entry into force determined by WebRitter. WebRitter will publish changes at least 1 month before they come into effect at www.webritter.ch. If the customer does not agree to the change, he has the right to terminate the contract in accordance with Section 5.8 below.

Start and end of the contract

2.1 Start of contract
The contractual relationship comes into being when WebRitter puts the services into operation for the customer based on the customer's order. Depending on the product, the order can be sent via email, online form or signed document according to the information on www.webritter.ch. It is binding for the customer. Commissioning will be confirmed to the customer by e-mail; this date is considered to be a subscription or the start of the contract. WebRitter can make commissioning dependent on receipt of a payment confirmation or receipt of a payment. WebRitter reserves the right to reject an order without reason or to consider it expired after two months without receipt of payment.

2.2 Contract duration
The customer determines the first contract term (subscription duration) on the occasion of the order by selecting the term options offered by WebRitter. After the end of the first subscription term, the contract is automatically extended by the same term, unless at least 30 days before the end of the current subscription period by one party is canceled or, if requested by the customer, an adjustment is made to another subscription period offered. The extraordinary termination by one of the contracting parties in accordance with para. 4.5 or no. 5.8.

2.3 Consequences of Termination
WebRitter is entitled to delete all customer data on WebRitter's systems upon termination of the contract. The customer is responsible for the timely backup of his data in advance of the termination of the contract. In the event of an extraordinary termination without notice, WebRitter will only delete the data after a 10-day security period from the date of termination of the contract. Subject to an extraordinary termination in accordance with para. 5.8 or an internal WebRitter product change, which comes within the same price range, there is no entitlement to a refund or credit of prepaid fees if a contract is terminated prematurely.

2.4 option
Optional services offered by WebRitter are considered an extension to a valid contract (basic contract). Options can have their own subscription duration or can be linked to the subscription duration of the basic contract. As a rule, options end with the termination of the basic contract.

Compensation

3.1 prices
Unless expressly agreed otherwise, the prices published at www.webritter.ch apply. Unless otherwise stated on www.webritter.ch, the prices are in CHF and include additional costs, taxes and other charges, especially including VAT.

3.2 Price changes
WebRitter reserves the right to change prices at any time. Such changes are only valid for current contracts with effect from the next extension of the subscription period, be it the price change for the benefit or disadvantage of the customer. The change or introduction of taxes or duties entitles WebRitter to adjust their prices without notice, also with effect during a current subscription period.

3.3 Invoicing, payment deadline, default
The invoice is issued in the form and to the email address as specified by the customer on the occasion of the order or subsequently in accordance with Section 5.9. In principle, prepayment with a payment period of 3o days from the invoice date applies. If there is no objection to an invoice within the payment period, it is considered approved. If the contract is extended, the following period will be invoiced around 30 days before the end of the current subscription period. If no or only an incomplete payment is made by the end of the payment period, the customer is automatically in default and owes the statutory default interest as well as cost-covering reminder fees and, if applicable, collection costs, including court and lawyer costs. If no payment is made even after a payment reminder, WebRitter is entitled, in accordance with para. 4.5 to cease the provision of their services or to terminate the contract without notice and without compensation.

3.4 Payment method
The customer determines the payment method upon receipt of the invoice himself from the given selection (PayPal, credit card and any other).

Rights and obligations of WebRitter

4.1 Services

WebRitter is responsible for the provision of the services agreed in the contract with the customer in accordance with the current product description, as published at www.webritter.ch. WebRitter is free to choose any of these services, for example domestic and foreign companies or third parties can be involved. WebRitter is also free to make changes to the services. If a service is affected by a change in its essential properties and the customer does not agree, he has the right to terminate the contract in accordance with Section 5 8.

4.2 Notices
WebRitter is entitled to send all notifications to the customer by email, including (but not exclusively) announcements of product updates or technical maintenance work, payment reminders, commissioning confirmations, termination, notifications of identification and means of access etc. Does WebRitter have a contact address that has been available since If the customer's order is no longer valid, WebRitter is entitled to additional queries for entries (administration interface provided by WebRitter, public WHOIS database for domain names or the like) with which the contact address can be assigned as clearly authorized.

Offer conditions

1.1 Free Domain & Hosting
The following domains are offered free of charge in the first leap year:

• .ch
• .li
• .com
• .de
• .org
• net

After the first year, CHF 25 is calculated annually.
1 GB of storage space and 10 business emails are offered free of charge for your website.

4.3 Data protection
WebRitter only collects, stores and processes data that is required for the provision of the services, for the processing and maintenance of the customer relationship, in particular to guarantee the quality of the service, for the security of operations and infrastructure and for invoicing. WebRitter and the customer take care of data protection and data security in their respective sphere of influence. WebRitter takes appropriate organizational and technical measures to protect personal data against unauthorized processing. How WebRitter processes customer data and what options the customer has in this regard can be found at https://webritter.ch/datenschutzerklaerung/, which takes precedence over the GTC in the event of contradictions.

4.4 Intellectual property
All rights to existing intellectual property or those arising from the fulfillment of the contract in connection with WebRitter services and products remain exclusively with you or any authorized third party. For the duration of the contract, the customer only has a non-exclusive right of use to the extent and insofar as this is necessary to use the services of WebRitter in accordance with the contract and as intended.

4.5 Confidentiality
WebRitter and the customer mutually undertake to maintain the confidentiality of all information and data that are not generally known and which become accessible to them when preparing and executing the contract. If the customer has special requirements with regard to maintaining the confidentiality of data and information, this must be regulated in a separate confidentiality agreement.

4.6 Right to cease performance and extraordinary termination of WebRitter
If the customer is in arrears, WebRitter is liable despite the payment reminder in accordance with para. 3.3 or in the event of the customer failing to comply with an obligation in accordance with Sections 5 and 6.4 - be it intentionally, unknowingly or through external fault - to immediately suspend their services or block or remove the relevant customer account, server, service, content, program, etc. By rectifying the grievance, the customer can, if necessary, free himself from the sanction taken, whereby he has to compensate the WebRitter separately for the costs and expenses incurred in connection with the resumption of the services. In the event of a serious or repeated violation of an obligation, WebRitter reserves the right to terminate the contract without notice as well as to take legal action against the customer. WebRitter excludes all liability for any damage or other disadvantages of the customer or third parties resulting from the termination of the services or from the extraordinary termination.

Rights and obligations of the customer

5.1 payment
The customer is required to pay the full price and any incidental costs in accordance with para. 3 committed. Work that does not fall within the remit of WebRitter or the service catalog applicable to the respective product can be rejected by WebRitter or billed to the customer at the hourly rates customary in the industry, usually calculated in units of half an hour . An example of such a separately chargeable service is an emergency restart of a dedicated server on site in the data center.

5.2 means of identification and access
WebRitter provides the customer with suitable means of identification and access (e.g. user name, passwords). This enables the customer to access the services of WebRitter. The customer is responsible for ensuring that his access rights and user names are not disclosed to unauthorized third parties and that they are unable to use the WebRitter services. WebRitter can be assured that the person using an identification parameter is authorized to do so. If the customer has reason to believe that his means of identification and / or access have become known or accessible to unauthorized persons, he must immediately inform WebRitter. Until the time of confirmation of the deactivation of the relevant identification and / or means of access by WebRitter on the basis of the customer's report, the customer bears sole responsibility for the entire use or misuse of his identification and access means. A domain transfer code is like a password.

5.3 Usage
The customer is obliged to use the agreed services in accordance with the contract and the law. In the case of hosting services, the customer is prohibited from operating or directly or indirectly demanding so-called adult and download sites or content. Exceptions are only permitted with the prior consent of WebRitter, which can be revoked at any time. IRC services (including bots, bouncers, etc.), file sharing services (peer-to-peer, etc.), the sending of unsolicited mass mailings (spam / mail bombings, etc.) and other activities that are listed in the netiquette are generally prohibited RFC 1855 are designated as inadmissible or undesirable. Furthermore, the customer is prohibited from executing programs or scripts or operating sites that affect the system resources to the detriment of other customers. Furthermore, the customer is obliged to comply with the upper storage space limit set by WebRitter for the respective product.

5.4 Use by third parties
In the event of resale or free transfer of usage options associated with the services of WebRitter, the customer is obliged to ensure that the third parties also know and comply with the conditions applicable to him and he is liable for the behavior of the third parties as well as for his own.

5.5 Responsibility for information
The customer is responsible for the content of the information (texts, images, sounds, computer programs, databases, audio / video files, etc.) which he himself or third parties transmit, retrieve or make available by using the services. This also applies to references (especially links) to such information. In particular, no illegal content or harmful content may be disseminated or made accessible through the services of WebRitter (hard pornography, racial discrimination, illegal gambling, illegal copies of music, films and other copyrighted works, harmful programs such as viruses, Trojans, etc.). Any other use that directly or indirectly requires the publication or distribution of illegal content is also prohibited.

5.6 Consequences of improper use
Are there any justified signs in the assessment of WebRitter for improper use of the services of WebRitter within the meaning of this no. 5 or will such use by third parties, e.g. other customers or authorities, or if such has been established by a final judgment, WebRitter is entitled, based on the assessment of the situation it has carried out, to urge the customer to use it in accordance with the law and the contract or in accordance with para. 4.5 to cease the provision of their services or to terminate the contract without notice and without compensation. WebRitter reserves the right to report illegal, in particular criminally relevant, behavior to the responsible authorities and to cooperate fully with administrative or judicial investigations.

5.7 Indemnification
The customer has to indemnify WebRitter against all damages and other disadvantages, including claims of third parties as well as any litigation and legal costs, which WebRitter incurs in connection with the non-contractual or intended use of the services provided by WebRitter to the customer.

5.8 Extraordinary right of termination of the customer
The customer has the right to extraordinary termination as well as the right to a proportional reimbursement of prepaid costs for the current subscription period, provided the customer has a disadvantage due to a change in accordance with Clause 1.3 or 4.1, which would have prevented him from concluding the contract at the time of the order, which the customer has credible evidence. The extraordinary termination can either take place without notice with immediate effect or with effect from the expiry of a period of 30 days, whereby the choice made by the customer is final and must be included in the notice of termination. If this information is missing, WebRitter can assume termination without notice.

5.9 contact information
The customer is obliged to provide WebRitter with the correct contact information (name / company, e-mail, postal address) when ordering and to inform WebRitter immediately of any changes. WebRitter is not obliged to observe any contact details other than those provided by the customer or to carry out research to correct this data. If the contact details turn out to be incomplete, incorrect or not up-to-date and the identity of the customer can only be determined with disproportionate effort or if messages to the customer cannot be delivered, WebRitter is entitled, according to para. 4.5 to cease the provision of their services or to terminate the contract without notice and without compensation. WebRitter is also entitled to invoice the customer for any costs that arise due to outdated, incomplete or incorrect contact details.

5.10 Responsibility for third-party users / end customers
If a customer acts in his own name for third parties, he is aware of the responsibility placed on him in dealing with their rights and claims. Should it become apparent that he can no longer meet important obligations, he is ready for constructive cooperation for any transfer of contractual relationships or other suitable measures that serve the intent of orderly operation of domains, websites, etc. The customer may under no circumstances misuse his position in connection with this contractual relationship. If the third party does not meet the customer's obligations arising from his own obligations under this contractual relationship, this must be reported accordingly, so that the necessary willingness to work constructively can extend to all parties involved.

5.11 Contact third-party users / end customers
The care of third parties is the responsibility of the customer, unless otherwise agreed. In principle, WebRitter does not come into contact with them. However, the right to do so is expressly reserved, should the customer's consent be given, should there be an organizational or legal necessity or to provide information about the right contact person when contacting the third party itself. Only for products that are expressly suitable for resale, it can be assumed that any notifications to third-party users / end customers are neutral, i.e. without a company.

5.12 Right to claim
In the case of domain registrations with the extensions .ch and .Ii, the holder (customer or third-party user / end customer) has an independent right to claim performance in accordance with Art. 112 OR against the registrar operator. The exercise of the direct right to claim requires that WebRitter can no longer meet its obligations, in particular due to the termination of the partner contract with SWITCH or bankruptcy filing.

The general terms and conditions of SWITCH are also decisive.

Data protection and security

6.1 Data processing
WebRitter processes personal data from the area of ​​the customer in connection with the conclusion and processing of the contract (fulfillment of services, maintenance of the customer relationship, invoicing, dunning and debt collection, etc.) as well as for the development, design and submission of service offers in compliance with the requirements of the federal law on data protection. As part of this processing, WebRitter is entitled to forward personal data to third parties (e.g. suppliers), even if they are located abroad. The customer can prohibit the processing of his data for marketing purposes by writing to WebRitter at any time.

6.2 WebRitter protection measures
WebRitter takes appropriate measures to protect the proper operation of its technical infrastructure against negative external influences (viruses and other harmful programs and files, unauthorized access to systems and data, etc.). However, WebRitter cannot guarantee that these measures are effective in all cases, and the customer should therefore not rely on these measures to protect their own systems and data. He remains responsible for taking his own measures against unauthorized access and external damage in order to minimize the consequences of such attacks.

6.3 Maintenance
WebRitter is entitled to carry out security-relevant updates and changes to system components and applications at any time without having to inform the customer about this. WebRitter reserves the right to carry out any maintenance work it deems necessary, even if it can lead to business interruptions in the use of the services. WebRitter will inform the customer of planned interruptions as early as possible.

6.4 Protection measures by the customer
The customer is obliged to take all necessary measures so that third-party systems cannot be tampered with via his website / email account or programs can be manipulated or computer viruses can be introduced. The customer must fully indemnify WebRitter for the consequences of not observing this obligation (e.g. hacking through incorrect or not updated scripts, spreading spam via the customer's email account, etc.).

6.5 Protection of transmitted information
When using the Internet, there are various data protection and security risks for the customer. In particular, data protection and the security of the data is not guaranteed when data is not encrypted. Therefore, the customer must expect that unencrypted emails can be read, changed or suppressed by third parties without authorization. The encryption and encryption of transmitted information can improve protection against unauthorized access. Firewalls can potentially prevent or at least make it more difficult for unwanted third parties to gain access. The customer is responsible for taking such measures to improve data protection.

Warranty and liability

7.1 Warranty

When providing its services, WebRitter takes due care that can be expected from it under the given circumstances. However, it guarantees neither the error-free nor the uninterrupted provision of its services. WebRitter is not responsible for the telecommunications infrastructure of the network and telecommunications service providers or for the transmission of data. Accordingly, WebRitter is not liable for the availability and performance of the telecommunications facilities and networks, nor for the error-free, unchanged, complete, uninterrupted and timely transmission of data in the telecommunications networks, especially the Internet.

7.2 Liability
WebRitter is liable for personal injury as well as for further damage that their organs cause deliberately or through gross negligence. For other damages, WebRitter, to the extent permitted by law, excludes any liability, regardless of the legal reason. WebRitter reserves the right to plead that the victim shares responsibility.

final provision

8.1 Partial Invalidity
If a provision of the contract or these terms and conditions should be void or become legally ineffective, the remaining provisions continue to apply. Void or ineffective provisions are to be replaced by valid provisions that come as close as possible to the invalid in terms of their economic impact.

8.2 Transfer
Rights and obligations can only be transferred to third parties with the consent of the other party. The transfer of the contract by WebRitter to a legal successor or affiliated company is excluded from this provision.

8.3 Applicable law and jurisdiction
The contract between WebRitter and the customer is subject to substantive Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Zurich, Switzerland. Alternatively, WebRitter is entitled to sue the customer at his domicile.

Valid from 01.08.2019