The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between us (hereinafter referred to as "provider", "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") for digital products (hereinafter referred to as "products") purchased via our website (hereinafter referred to as "Online Shop" or "Website").
Individual agreements concluded with the customer shall take precedence over these General Terms and Conditions. Opposing conditions of the customer are not recognized.
We reserve the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the Website. The relevant time for the applicability of the valid GTC is the date of the submission of the binding order to us when purchasing a product.
The following products are offered in our Online Shop for digital content [Hosting, Domains, DNS, VoIP, SaaS, Licenses, Software, etc.]. Digital products can be purchased free of charge or against payment, depending on the description in the Online Shop.
The presentation of the products in the Online Shop is not a legally binding offer, but only a non-binding online catalogue or a non-binding invitation to customers to order the product in the Online Shop. We expressly reserves the right to change the products as well as the contents, e.g. pictures, assortment, prices, and the descriptions of the products, at any time and without prior notice. Illustrations, pictures, podcasts, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding for us.
The customer can place a binding order for the products selected by him/her via our Online Shop. The customer can put the products he/she selects into the "shopping cart". This is not yet considered a binding order. An order shall only be deemed to be binding when the customer clicks on the button [order] on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the details at any time, recognize any input errors and correct them if necessary, before the binding final submission of the order.
An order confirmation is sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the information of your order and our terms and conditions accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a contract of sale. By sending the order you confirm that you have read the terms and conditions and that you agree to them without reservation. We recommend that you print out the GTC for the purpose of the online order and your documentation or save them on your computer.
After you have placed a binding order, we are free to either accept the order or reject it at its own discretion by sending you a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded when the order is cancelled. Reasons for the rejection of an order may be, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment, or if there is a justified reason to believe that the customer is acting contrary to these terms and conditions, individual contracts, fraudulent or other criminal activities, or for any other important reason.
When the order is accepted, a binding purchase agreement with the customer is concluded. This acceptance takes place by shipping the ordered products.
Any commercial distribution or resale of our products is strictly prohibited.
All information about the availability of a product is preliminary information and approximate guidelines. They do not represent binding or guaranteed information. Any liability for unavailable products is expressly excluded.
Our products are generally available as long as they are offered in the Online Shop. If, while processing your order, we discover that the products you ordered are not available, for whatever reason, we will inform you immediately. In this case, no contract for the unavailable products will be concluded.
Our products and prices correspond to those indicated on the Website. All prices are provided in CHF (Swiss Francs) [or in Euro, if applicable] and include the statutory value added tax (VAT) of 7.7%. The total price of your order, including all additional charges, is displayed at the end of the ordering process.
By placing a binding order, you declare that you agree with the total price for the products ordered. After the binding order, the price cannot be adjusted.
We reserve the right to change the prices at any time. The products will be charged on the basis of the prices offered at the time the binding order is placed.
Orders are generally due for payment immediately.
The customer has the option to pay with the means of payment, which are shown on the Website or during the ordering process. These may change from time to time and vary from country to country. In addition, we reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods used by us (for example, to protect our credit risk only those that correspond to the respective credit rating). We are expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.
By choosing the means of payment, the customer authorizes the payment either by entering credit card data or access data of a payment service provider. The customer authorizes us to accept or collect payments by the appropriate means. Should there be a chargeback, we shall be entitled to reimbursement of the associated costs and bank processing fees. Furthermore, we shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address details and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, we reserve the right to cancel the order and stop shipping the products. In this case we will contact you immediately.
In the case of payment by invoice, the customer will receive the invoice with payment slip upon delivery of the products or by e-mail. Payment must be made using the payment slip within the payment period indicated on the invoice. If payment is not made on time, we shall be entitled to charge its expenses for each reminder of at least CHF 50.00 and other costs associated with the collection, as well as the statutory default interest. Should it become necessary to initiate debt collection, we will charge an additional processing fee of at least CHF 200.00.
As soon as the selected product is paid for, it is transmitted to the customer by one of the following methods: E-Mail, Letter, Phone call, SMS, Messenger, Access to Web-GUI, Download or activiating a product, service or license within the customer service panel.
If we provide an email download link can only be used once. Further downloads are not possible via the provided link. We are free to provide the download link again at the customer's request at its own discretion. A claim for the transmission of further download links to the already purchased product is excluded.
The customer is responsible for providing the appropriate software so that the product can be opened properly and in a readable form and, for example, printed out.
Any liability of our company for the provision of suitable software by the customer is expressly excluded.
The products are protected by copyright. Unless otherwise stated in the description in the Online-Shop, we grant the customer the simple, non-exclusive, non-transferable and non-sublicensable right to use the contents of the products provided during the download exclusively for personal use in accordance with copyright law in the manner offered in each case.
The customer is permitted to download the products once and to store them exclusively for personal use on various local storage devices, to copy them or to burn them onto data carriers. Any further use beyond the granted rights is not permitted. For example, it is not permitted to change the content or editorial content of the link to a download or the download itself in any way, or to use modified versions, to make them available to third parties or to copy them for third parties, to make them publicly accessible or to forward them, to post them on the internet or other networks, whether for a fee or free of charge, to imitate them, to resell them or to use them for commercial purposes.
We are entitled to temporarily or permanently change, interrupt, or discontinue the download option at any time. In addition, we are authorized to delete individual downloads from the customer's account for good cause. This is especially the case in the event of disputes about possible infringements of rights. The possibility of deletion is excluded for downloads that are already stored on the customer's own storage location, e.g. his PC or smartphone, after the customer has downloaded them.
To protect against unauthorized use, we may individually mark downloads with digital watermarks so that the original purchaser can be identified and traced in the event of misuse.
In order to use certain products the customer must sign up for a subscription. Subscriptions are concluded for a certain duration and are not transferrable. Normally, this duration is 12 months. Unless otherwise agreed, each subscription entitles a person to unlimited use of certain digital products during the term of the contract in accordance with these GTCs. Prior to the expiration of the subscription, the customer will receive an invoice for the renewal of the contract for the same period. Notice of termination must be given to us in writing within 30 days of this date. The access authorization expires at the same time as the cancellation.
When registering on our Website, the customer undertakes to treat the access data provided to the system as well as the passwords set up for this purpose with the utmost confidentiality and care. We reserve the right to terminate the user authorization with immediate effect if multiple use of access data of a single authorized user is discovered. In all other respects, the provisions on registration in section "registration for account" apply.
For all purchases of our products via our Online Shop, you as a consumer have the right of revocation within 14 days of receipt of the products without giving reasons. You may withdraw from the contract within 14 days of receipt of the products by informing us by using the ticket system of your decision to withdraw from the contract. The 14-day revocation period is deemed to have been observed if you send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period. You may use the cancel tab, which is available within your customer panel, which is, however, not mandatory.
Consequences of the revocation
If you revoke the contract, we will refund the total price paid by you, including delivery costs (except for costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than 14 days from the day on which we receive notification of your revocation of this contract. Refunds will be made according to the method of payment originally used and will always be paid to the relevant account used for payment, unless expressly agreed otherwise with you; in no event will you be charged for this refund. Please ensure that you have access to the account specified, as we accept no liability in this regard.
Premature expiry /waiver of the right of withdrawal
The right of withdrawal shall expire prematurely if we have started with the execution of the contract after you have expressly consented that we can start with the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that by consenting you lose your right of withdrawal upon execution of the contract. Additional the right of revocation is not possible for licenses of any type created especially for you or all other products and services which are created based on your requirements (e.g. Domain names).
We warrant that the products correspond to the warranted characteristics and that they have no defects that could affect their value or their suitability for the intended use.
Upon receipt of the products, the customer must check them immediately for correctness, completeness, and possible damage. Any errors or damage must be reported to us within 1 working day. Defects that could not be discovered during a proper inspection and only occur later must be reported in writing immediately after their discovery. If you do not inspect the defect or notify us immediately, the products shall be deemed approved and you shall no longer be entitled to assert any claims against us.
The customer's warranty claims are limited to replacement delivery or remedy of defects/repair under exclusion of all other claims, in particular reduction or replacment of indirect and consequential damages. We. decide at our own discretion about replacement delivery or rectification of defects. If subsequent delivery or rectification of defects fails, the customer shall be entitled in the event of significant defects to withdraw from the contract.
For notification of complaints or service questions, please contact us by using the customer ticket system only.
When registering for a customer account you can find information about your completed, open and recently proceeded orders and manage and store your address data, any payment data and a possible newsletter. Since your data is saved, you do not have to enter it again when you make another purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is provided truthfully and completely. You are obliged to treat the personal access data confidential and not to make it available to unauthorized third parties. We guarantee to treat your data confidential and not to pass them on to unauthorized third parties. Further infor-mation on data protection can be found in our data protection declaration under https://statuspanel.net/index.php?/page/privacy/.
The registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete several applications and to warn, block or delete or change the content of registered customers who violate these terms and conditions or individual agreements.
We are not obliged to accept the registration or order of a registered customer.
We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided at the beginning of this terms and conditions. We endeavor to investigate your enquiries and complaints as quickly as possible and will contact you after receiving the documents or your submission or complaint. If you have any complaints or claims, please help us by describing the exact problem or errors and, if necessary, provide a copy of the order documents or at least indicate the order number, customer number, etc. We will endeavor to reply to you within 2 working days.
The above mentioned exclusions and limitations of liability shall not apply in the event of culpable injury to life, body or health directly caused by us or in the event of mandatory statutory regulations, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC shall be limited, irrespective of the reason, and to the extent permitted by law, to the price of the products which the customer has ordered from us.
Matter beyond our control
In the event of a matter beyond our control (so-called force majeure), we do not assume any liability or responsibility for the non-fulfilment or delayed fulfilment of any obligations arising from these GTC and the contractual relationship based on them. An event outside our sphere of influence is considered, for example, in the following cases:Strikes, closures or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, road or other means of public or private transport.
Customers are responsible for the security of systems, programs, and data within their sphere of influence. In their own interest, customers should keep passwords and usernames secret from third parties.
Furthermore, we are not liable for force majeure, improper actions, and disregard of risks on the part of the customer or third parties, excessive use, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer or disturbances by third parties (viruses, worms, etc.), which occur despite the necessary current security precautions. In all other respects, the liability provisions in section "Liability" shall apply.
We collect and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection notice under https://statuspanel.net/index.php?/page/privacy/, which forms an integral part of these GTC.
The information and content published on the Website are protected by copyright and are the property of our company or the respective rights holder. Reproduction, processing, distribution, or any other form of exploitation requires the prior written consent of the respective rights holder. We and the respective rights holder expressly reserve all rights in this respect.
The place of jurisdiction for natural persons is the registered office of our company or the customer's place of residence. For legal entities, the registered office of our company shall be the exclusive place of jurisdiction.
These provisions shall only apply insofar as there are no mandatory provisions of the law of the state in which the consumer has his/her habitual residence which take precedence over these GTC.