Our general terms and conditions (GTC) were designed to regulate the contractual relationships between you as the service recipient and us as the service provider. All contractual relationships that result from chargeable services on the www.esbus.ch website are therefore subject to the scope of these terms and conditions, and you as the customer hereby acknowledge the validity and applicability of these terms and conditions.

 

1. Scope / applicability / formal requirements

These general terms and conditions (GTC) regulate the contractual relationships between ESBUS - Markus Seewer, Weinmatten 16, 5632 Buttwil, Switzerland, www.esbus .ch, email info @ esbus .ch (hereinafter referred to as “service provider”) and their customers. The validity of other terms and conditions is excluded - even without an explicit contradiction. These terms and conditions can be downloaded from the website of the service provider. Upon request, the terms and conditions are available from the service provider in writing. The terms and conditions form an integral part of every contract with customers. Side agreements are only binding if they have been confirmed in writing. Oral statements are non-binding without written confirmation. The contract language is German.

2. Offer of services / binding offer (offline)

The service provider offers services in the field of network, infrastructure, cloud, websites and web shops as well as IT solutions in general on its website. Before acceptance by the customer, the service provider can easily revoke an offer. Any offers are not to be understood as deposits, but only relate to the services explicitly mentioned. An offer is accepted in writing. E-mail communication is legally binding.

3. Conclusion and duration of the contract

Contracts can be concluded offline. Offline contracts are contractual relationships that are concluded by means of an agreement between the two parties. The customer does not need to log in to the service provider's website. The contract between the service provider and the customer is concluded until further notice. The minimum contract duration is 12 months. The contract is automatically extended by 12 months. After the minimum contract period has expired, the customer has the right to terminate the contract three months before the end of the current contract year (see section 8).

4. Contents / data / rights of third parties / copyrights / data protection

All property rights and intellectual property rights (in particular copyrights) to recorded data and content remain with the customer and / or his licensors. By providing or uploading this content (text, images, audio, video) and / or external links to content from third parties, the customer grants the service provider all necessary license rights to the material used and to any third party license rights for the duration of the contract and confirms that he has the necessary rights. The customer assures and guarantees that he has all the necessary rights, licenses and permits to fulfill services and that in particular the publication of the content uploaded by him does not infringe upon any intellectual property rights of third parties. This granting of rights applies worldwide, is royalty free (without any license fees owed by the service provider), sub-licensable and transferable within the scope of the service provision, in order to use, host, save, cache, reproduce, publish, display, perform and distribute the material in accordance with the contract and as intended ; to transmit, modify and adapt (including displaying the technical requirements of all end devices and networks in which the performance can be displayed), and in other formats (for example, but not limited to, the generation of PDF overview sheets in sample layouts, which are not presented in a new and specific way for each customer), to posting on social networks or for inclusion in e-mail newsletters. With regard to copyrights, the provisions of the terms of use of the www.esbus.ch website also apply in addition to and as an integral part of these terms and conditions. In the event of deviations, the provisions of these terms and conditions take precedence over the contents of the terms of use. If the customer is to grant the service provider additional rights of use, these must be agreed separately.

It is prohibited to disseminate information or other material that leads, may lead to, instigates or aims at criminal activity. The service provider reserves the right to immediately remove any information and data that violate the aforementioned prohibitions. The customer also confirms to the service provider that the activation of the data and content transferred to it does not conflict with statutory regulations, official orders or the rights of third parties. In the event of third-party claims, the customer releases the service provider from all claims and holds him harmless if such claims are asserted. The customer agrees to support, defend and compensate the service provider and associated persons (legal and natural) for all claims by third parties arising from liability, damage or costs that can be traced back to data uploaded by the customer.

5. Provision of services

The provision of services in the form of the publication of the data recorded by the customer according to the contract takes place immediately after recording and uploading by the customer. The service provider is entitled to check the content and, if necessary, to request revision by the customer. If the customer does not change the requested content within an agreed timeframe, the service provider is entitled to store the requested content offline until it has been revised by the customer and activated again by the service provider. In this case, the customer's obligation to pay remains.

6. Payment conditions / due date / late payments / default

The fees are net amounts plus the applicable statutory value added tax. Unless otherwise agreed, all invoices are payable 30 days after invoicing without deduction. No discount will be granted unless otherwise agreed. Requirements of the service provider are not dependent on any kind of success from use of the services. The customer is obliged to pay regardless of success from the use of the services provided by the service provider in accordance with the terms of the offer on the service provider's website. During the term of the contract, the customer grants the service provider the right to invoice the amounts owed periodically. If a payment deadline is exceeded, the service provider is entitled to charge default interest of 4% per commenced month. The right to assert further damages caused by default remains reserved. If higher costs are incurred as a result of this delay, the service provider is entitled to invoice them. In return, the customer is entitled to prove that no additional costs have been incurred and that no additional remuneration is therefore owed. In the event of default, the service provider reserves the right to terminate the contract. A corresponding notification will be sent to the last known e-mail address of the customer.

7. Offsetting and right of retention

Without the consent of the service provider or a court ruling, the customer is not entitled to offset claims against the service provider and the remuneration owed. Counterclaims by the customer can only be asserted up to the sum of the amounts that are periodically owed, defined by the notice period and owed by the end of the contract. A right of retention exists within the legal framework only if the counterclaim is based on the same contractual relationship.

8. Withdrawal from the contract / termination / consequences

After the minimum contract period of 12 months has expired, the customer has the right to terminate the contract three months before the end of the current contract year. The termination is effective at the end of the current contract year. The service provider is not obliged to store or save the data and content provided by the customer beyond the end of the contract period, either off or online. If the customer goes bankrupt, the service provider is entitled to withdraw from the contract immediately. The rendered services are to be paid for on a pro rata basis in any case. The customer is not entitled to any repayment claims beyond the statutory claims. The termination of the contract must be made in writing, by registered mail. By canceling, the customer agrees that he wants to delete his account, including hosting and cloud services.

9. Warranty

In principle, the customer has the option at any time to modify the content and data in his account or to send data content (images, text) to the service provider in order to update his account. A notification of defects is therefore excluded due to the legal nature of the contract, the right to amend at any time and the content recorded by the customer. If, despite this, a situation arises in which a complaint could be made, this must be submitted in detail and in writing within 14 days of the defect becoming known. The online publication of information about the customer on the website of the service provider also counts as becoming known. The customer is only entitled to request the rectification of defects. Reduction is only permissible after subsequent unsuccessful attempts at rectification. Conversion of content is excluded.

10. Liability

The liability of the service provider is limited to intent and gross negligence. The service provider is not liable for any impairments resulting from events of force majeure, misconduct by third parties or from the withdrawal of permits or changes in fees. The service provider assumes no liability for services provided by third parties. Any warranty claims against third parties are assigned to the customer. Liability for auxiliary persons, third parties or employees of the customer is excluded. No liability is accepted for consequential damage. In any case, liability is limited to the value of the contract or the periodically owed amounts. The service provider is not liable for consequential damage or loss of profit. The service provider is, under no circumstances, liable for claims that are asserted by third parties or authorities in connection with the information provided by the customer or uploaded content, in particular not for damage or misconduct caused by the customer, his representatives or other third parties. The customer is responsible for liability and insurance for such cases.

11. Newsletter

Data collected by the newsletter (email addresses and statistical evaluations) are only used internally and are not passed on to third parties.

12. Final provisions

The service provider can change the general terms and conditions at any time. Should parts of these terms and conditions be ineffective in whole or in part, the remaining terms and conditions shall nonetheless remain binding. In place of the ineffective clause, the legally enforceable provision that comes closest to the economic objective at the time the contract was concluded, shall apply. All contracts between the service provider and the customer are subject to Swiss law to the exclusion of UN sales law and any conflicts with international private laws. Any contractual disputes that arise shall be judged by a Cantonal court. The place of jurisdiction is the registered office of the service provider in Aarau.

Buttwil, March 11th, 2021