AGB

General terms and conditions

1. Definitions, offer and scope

1.1     netWolk is a label that offers Wide Area Network (WAN) based services to customers.

1.2     The term WAN is typically understood to mean IP connection technology with the aid of the Internet as a carrier medium. Other technological solutions are possible.

1.3     WAN based services are provided to companies and individuals.

1.4     Customers using a service from netWolk, thus accept these terms and conditions, unless they express in writer form that other arrangements are required.

2. Contracting

2.1     Simple service agreements usually come without written form. In case of doubt, the e-mail traffic created up to the conclusion of the contract will be used to secure evidence.

2.2     More complex services require written form.

3. Contract duration and termination

3.1     For basic services (B2C), a minimum contract period of three months applies. After expiry of this period, the contract may be terminated by both parties subject to a notice period of 30 days at the end of the following month.

3.2     For complex services (B2B), unless otherwise agreed (usually in the offer), a minimum contract period of one year applies. After expiry of this period, the contract may be terminated by both parties subject to a notice period of 30 days at the end of the following month.

3.3     If the contract is not dissolved after this period, it will be tacitly converted into a permanent contract.

3.4     If netWolk changes its offers and prices, this will be communicated to the customer in a timely manner. The contract will continue at the old terms and prices until the end of the next notice period. If no notice is given, the contract will be continued under the new conditions and prices of the offer which most correspond to the previous one.

3.5     If netWolk discontinues one, several or all services, netWolk informs the customer in a timely manner. In this case, customers have the right to terminate the current contract immediately

4. Products

4.1     Products and services are usually tailormade to the customer, but can also be viewed (partially) on the website www.netwolk.ch and, depending on the complexity, ordered directly by email. 

4.2     Offers and prices published on the Web are not binding and can be changed at any time.

5. Terms of payment

5.1     netWolk reserves the right to change the service prices according to the provisions of section 3.4 of these GTC. 

5.2     Invoicing to the customer is made in advance for three months. 

5.3     Invoicing is done exclusively by electronic means via email to an e-mail address specified by the customer. Explicit paper invoices are subject to a fee. 

5.4     In the event of late payment by the customer for more than 30 days, netWolk reserves the right to block the affected customer accounts until the payment has been received. Default of payment for more than 60 days leads to the termination of the contract without notice. netWolk reserves the right to demand compensation for such cases.

6. Warranty

6.1     netWolk aims to provide its services as much as possible, 7 days a week, 24 hours a day, smoothly and without interruptions. netWolk undertakes to provide the required capacities as far as possible.

6.2     netWolk undertakes not to carry out maintenance work, expansion of services, introduction of new hardware and software as far as possible during normal business hours. Customers will be informed in time about foreseeable business interruptions.

6.3     If netWolk provides free additional services, the customers have no fulfillment and warranty claims. netWolk is entitled to set up, change or only offer services against payment. In such a case, the customers of netWolk will be informed in good time.

7. Liability

7.1     Basically, in the case of a problem or error, the "best effort" rule applies. netWolk does not guarantee any reaction or recovery times, but will do everything reasonably possible to remedy operational failures quickly.

7.2     netWolk accepts no liability for direct damages, consequential damages or lost profits incurred by the customer through the use of netWolk Services.

7.3     netWolk is not liable for defects and malfunctions or safety deficiencies and operational failures of third-party companies with which it cooperates or on which it depends.

7.4     netWolk is not liable for force majeure, improper action and neglect of risks on the part of customers or third parties, excessive use, inappropriate resources of customers or third parties, extreme environmental influences, interference by the customer or interference by third parties (viruses, worms, etc.) despite the necessary current security arrangements happen.

8. Support

8.1     netWolk provides support services during normal business hours (CET and CEST based on UTC + 1).

8.2     netWolk undertakes to ensure the telephone availability of a competent employee during business hours, in accordance with Section 8.1 of these Terms and Conditions. Necessary support activities are provided directly, there is no actual ticket system.

8.3     Further support services and / or service level agreements are part of individual contracts according to section 2.2 of these GTC

9.    Customers obligations

9.1     Customers shall provide netWolk with all information required for the contractual services. Customers are responsible for ensuring that the addresses you have chosen (domain, e-mail addresses) are free and do not violate the rights of third parties.

9.2     Customers shall notify netWolk of any changes in address and other necessary information without delay.

9.3     netWolk accepts no responsibility for damage caused by non-compliance with the provisions in sections 9.1 to 9.2.

9.4     It is strictly prohibited to use any services provided by netWolk, e.g. Storage space to rent to third parties.

9.5     Customers are not permitted to provide the following services under this Agreement:

- Internet Relay Chat
- Anonymization services
- P2P file sharing

 (List incomplete ......)

9.6     The Customer shall be liable to netWolk for all damages and shall release them from all claims of third parties which are due to the breach of their obligations pursuant to sections 9.1 to 9.5.

9.7     Customers ensure that they do not spread hazards through their own systems which could interfere with netWolk's or third-party's services.

9.8     The customers undertake not to overload the networks by untargeted or improper distribution of data, in particular to refrain from spam mailing.

9.9     The use of the systems provided by netWolk for the storage, archiving or distribution of fundamentally harmful software is not permitted.

9.10   The Customer shall be liable to netWolk for all damages and shall indemnify and hold harmless from all claims of third parties which are due to the breach of its obligations under clauses 10.1 to 10.3. netWolk can claim damages in such cases.

10. Privacy and secrecy

10.1   Both Parties treat confidentially any information that is neither generally known nor generally available, in particular information about know-how and programming. In case of doubt, information must be treated confidentially.

10.2   This duty of confidentiality exists even before the conclusion of the contract and lasts indefinitely beyond the termination of the contract.

10.3   Both parties shall oblige clerks, consultants or other third parties who gain insight into the know-how and / or information of the contracting party not intended for publication to equally strict secrecy pursuant to clause 10.2.

10.4   The confidentiality obligation is suspended if netWolk is required by law to provide third parties, in particular state agencies, with access to the data.

10.5   netWolk undertakes to observe the rules of data protection and data security within its sphere of influence. This also applies to the employees and freelance employees of netWolk.

Particular attention is paid to the following laws and regulations:

- Federal Law on Data Protection and the associated Ordinance (VDSG 14.6.1993 and DSG 19.6.1993).

- Guide of the Federal Data Protection and Information Commissioner (FDPIC) on the technical and organizational measures of data protection.

- Guideline of the FDPIC for the processing of personal data in the private sector.

- Guidelines of the FDPIC for the processing of personal data in the field of work by private persons.

10.6   netWolk expressly informs the customer that the data protection for data transmissions in open networks such as the Internet can not be comprehensively guaranteed in accordance with the current state of the art.

10.7   netWolk undertakes not to sell or provide customer data and information to third parties.

11. Final provisions

11.1   Swiss law, in particular the provisions of the Swiss Code of Obligations, shall be applied to this contract for any foreign business customers. For foreign consumers, the Swiss Federal Law on Private International Law (IPRG) applies.

11.2   The parties will endeavor to settle in an amicable way any difficulties arising from the performance of this contract.

11.3   If certain points are not regulated or individual provisions of these terms and conditions are invalid, the contract will still exist. The uncontrolled or ineffective points are to be replaced by an agreement which corresponds to the law and comes as close as possible to the will of both parties.

11.4   The registered office of netWolk GmbH is the place of jurisdiction.

Winkel, march 2018