General Terms and Conditions konzeptplus ag
2. Conclusion of contract/time of binding to the general terms and conditions
3. Services of konzeptplus ag
4. Obligations of the customer
6. Data security
7. Data protection
9. Contract duration and termination
11. Terms of payment
12. Copyright and rights of use
13. Transfer of rights and obligations from the contract
14. Final provisions
15. Applicable law and place of jurisdiction
These General Terms and Conditions (hereinafter referred to as "GTC") form part of all agreements between konzeptplus ag and its customers. Agreements deviating from them are only valid if konzeptplus ag agrees to them in writing.
2. Conclusion of contract / time of binding to the GTCs
By submitting the online order form, the applicant is bound regarding the use of services and offers of konzeptplus ag until acceptance or non-acceptance by konzeptplus ag. Upon acceptance of the order by konzeptplus ag, the contract and thus these GTC become binding. In any case, the contract and these GTC take effect when services and offers of konzeptplus ag are used. konzeptplus ag reserves the right to refuse an order without giving reasons.
3. Services of konzeptplus ag
3.2 Konzeptplus ag reserves the right to change the services at any time as well as to implement product adaptations and innovations. The customer is responsible for informing himself in this regard. For hosting contracts already concluded, the services offered at the time of the conclusion of the contract shall apply as a basis. Existing customers who wish to benefit from the adjustments and innovations must cancel the existing contract and order a new hosting subscription.
3.3 Konzeptplus ag may adjust the scope of services at any time if certain services and offers negatively affect server stability and/or performance. konzeptplus ag is entitled to perform security-related updates and changes to system components and applications. In this regard, konzeptplus ag is not obligated to provide information. The testing of compatibility and the implementation of any adjustments related to the update are the responsibility of the customer and are his duty.
3.4 Konzeptplus ag provides both e-mail and telephone support with regard to its own services and offers. konzeptplus ag is not obligated to provide support with regard to programming, application of third-party software or server administration. If support is nevertheless provided, this is done as a service to the customer. However, konzeptplus ag cannot be held liable in this respect or be forced to provide this support. The urgency of answering support emails on weekends is at the discretion of the person on call. Within the scope of its operational resources, konzeptplus ag will make every effort to provide the support service in the specified time, but no guarantee will be given for this.
3.5 Konzeptplus ag is entitled to send all notifications to the customer via email. This includes, but is not limited to, announcements regarding product modifications and updates, technical maintenance work, invoices, payment reminders, setup and cancellation confirmations, lost access data, etc. In this regard, the customer is obligated (according to section 4.3) to keep his email address and all data up to date and to inform konzeptplus ag about this on an ongoing basis.
4. Obligations of the customer
4.2 Should the customer need to pass on his access data to third parties, this is only permitted in connection with web design and programming work. Here, too, the customer undertakes to ensure that third parties comply with all provisions of these GTC. The customer is liable to konzeptplus ag for all violations or culpable misconduct in relation to these GTC, as a result of the use of the services by authorized and unauthorized third parties. In any case, the customer must indemnify konzeptplus ag from all claims of third parties, regardless of their nature.
4.3 Konzeptplus ag reserves the right to charge for any expenses incurred due to invalid customer data - email contact and address. This applies in particular to additional expenses in relation to address verification, new invoicing and/or sending invoices by post, etc.
4.4 The customer agrees with konzeptplus ag to comply with international and Swiss law as well as generally accepted rules of conduct when using the services. He is responsible for the content of the information (texts, images, sounds, computer programs, databases, audio/video files, etc.) that he or third parties transmit or have processed, retrieve or make available for retrieval via his domain. The customer is also responsible for references (especially links) to such information. In particular, the following information content may not be disseminated via the customer's domain:
- Depictions of violence within the meaning of Art. 135 of the Swiss Penal Code (StGB).
- Pornographic writings, sound or image recordings and representations within the meaning of Art. 197 of the Swiss Penal Code (StGB)
- incitement to violence within the meaning of Art. 259 SCC
- Racial discrimination within the meaning of Art. 261bis SCC
- Instruction or incitement to criminal conduct
- Unauthorized gambling within the meaning of the Lottery Act
- Fraudulent content (subscription traps, Internet fraud, etc.), promises of profit and the like for personal gain
- Information, files and images that violate national or international copyrights, related rights or other intellectual property rights (name and trademark rights) of third parties.
4.5 The operation of services that adversely affect the operational resources of konzeptplus ag is not permitted. In particular, the following contents are not tolerated:
- File download sites/file sharing/torrent trackers (MPEG, AVI, MP3 and others).
- Offering/providing/uploading files, software or material that is virus-infected or corrupted or can in any other way damage another computer or impair its functionality.
- Banner (exchange) systems
- Streaming/online radio
- Online games
- Adult websites (sites with images of pornographic content, according to section 4.4)
- Websites with radical political or religious content (according to section 4.4)
4.6 Which content falls under one of these points is at the discretion of konzeptplus ag. The customer is responsible for ensuring that young persons under the age of 16 or 18 do not have access to websites that are only intended for persons over the age of 16 or 18.
4.7 Subletting of web directories is accepted, but only subject to separate volume billing.
4.8 Konzeptplus ag reserves the right to block the customer's domain with immediate effect at the customer's expense in case of misuse or because the customer's user behavior affects the server's operation in any way. Misuse shall be deemed to be, in particular, the customer's failure to fulfill the contractual obligations mentioned above as well as those mentioned below (clause 5/6). The blocking remains in effect until the respective facts have been clarified, the customer provides proof of the actual harmlessness of the content and/or a court decision has been issued in a legal dispute. Claims for damages on the part of konzeptplus ag are expressly reserved in any case of misuse of the hosting or violation of the GTC.
5.2 The sending of advertising e-mails by the contracting party to third parties without having been requested to do so by them is not permitted. konzeptplus ag reserves the right to block the customer's hosting/domain without notice until the matter has been clarified. The sending of unsolicited mass mails (spamming, mail bombing) via the servers of MN konzeptplus ag is prohibited. Likewise, the use of mailing lists to an extent that could endanger the operational stability of the systems is strictly prohibited. Such conduct shall be deemed to be misuse and shall result in the above-mentioned sanctions (Section 4.8).
5.3 Konzeptplus ag points out that, depending on the configuration, the use of a spam filter may also filter and block desired or expected mails in individual cases. konzeptplus ag accepts no liability for any mails not received as a result.
6. Data Security
6.2 It is recommended that the customer perform a complete data backup prior to any own or commissioned changes. Should a data loss occur during the adjustments, the obligation according to clause 6.1 comes into effect.
6.3 The customer is also responsible for updating his system (including third-party software) and is obliged to install security-relevant updates in particular. konzeptplus ag reserves the right to block unsafe applications/applications without prior notice. This blocking will remain in place until the respective issue has been clarified and/or the applications/applications comply with the current security standard again with the corresponding updates. konzeptplus ag excludes any liability for damages or claims arising in this regard.
6.4 For data security reasons, konzeptplus ag is only obliged to provide the contracting party directly with information about his data processed by konzeptplus ag. No data will be passed on to third parties; the customer himself is responsible and liable for this (see section 4.2). Likewise, konzeptplus ag accepts all adjustments to the booked service exclusively by the customer or the contractual partner. Third parties are not authorized to request changes and/or adjustments to an existing service for a customer/contractual partner.
6.5 In the event of the death of a contractual partner, konzeptplus ag is only obliged to provide information regarding the access data for the services of the deceased contractual partner to heirs if an official certificate of inheritance is available (see application form as PDF).
6.6 In the event of a change of owner or contract partner of konzeptplus ag, the transfer of customer data will only be executed after receipt of the completed and signed form "Change of Contract Partner" (form as PDF in the customer area under additional services) and the necessary enclosures. In case of disagreement between several parties about a domain or an account at konzeptplus ag, the parties have to find an agreement on their own. konzeptplus ag does not serve as an arbitration board.
6.7 In case of violation of section 4 - unauthorized content of a site - konzeptplus ag is only forced to block the corresponding website by a court decision or by order of the contracting party itself. konzeptplus ag excludes any liability in this regard.
7.2 Konzeptplus ag is entitled to hand over customer data to third parties, namely to the criminal authorities, if illegal or immoral acts are detected. The customer is also aware that konzeptplus ag may be required by courts and authorities to hand over customer data.
7.3 When using the Internet, the customer is exposed to various data protection risks. In particular, data protection is not guaranteed when data is transmitted unencrypted. It must therefore be assumed that unencrypted e-mails can be read, changed or suppressed by third parties without authorization. Encryption and ciphering of transmitted information can improve protection against unauthorized access. Firewalls can potentially prevent or at least make it more difficult for unauthorized third parties to gain access. Taking measures to improve data protection is the responsibility of the customer.
8.2 The customer is responsible for the compatibility of the hardware and software components he uses. konzeptplus ag does not guarantee that the domain can be used from all end devices without any problems. konzeptplus ag disclaims any warranty or liability for the loss or unauthorized modification of e-mail messages. konzeptplus ag is not liable for interruptions in service that serve the purpose of troubleshooting, maintenance, infrastructure changes (switchovers, etc.) or the introduction of new or different technologies. In any case, the liability of konzeptplus ag is limited to direct damages. Liability for consequential damages of any kind, especially for lost profits, is excluded.
9. Contract duration and Termination
9.2 The notification or invoice for the extension of the contract shall be sent 2 months before the end of the current 12-month contract period and shall be sent by mail to the contact address defined when the order was placed (cf. also Sections 3.5 and 4.3). If no payment is made by the end of the 12-month contract period, konzeptplus ag is entitled to block or terminate the account and withhold all other services. This blocking will remain in effect until payment has been received by konzeptplus ag. konzeptplus ag excludes any liability for any resulting damages, claims, etc. of the customer.
9.3 Either party may terminate the contract at the end of the current 12-month contract period by giving 30 days' notice. If the contract is not terminated in due time, it shall be automatically extended by a further year. By mutual agreement between the contracting parties (customer and konzeptplus ag), the contract can also be terminated within other periods or on another date. If the contract is terminated prior to the expiration of the minimum term or on a special date (not at the end of the contract with ordinary termination), the refund of the fee already paid pro rata temporis is excluded and forfeited to konzeptplus ag.
9.4 After the expiration of the contract (termination date), konzeptplus ag is entitled to delete all customer data. The customer is responsible for the timely backup of his data. In the event of an extraordinary termination of the contract without notice, the data will be deleted after a 10-day security period from the date of the termination notice.
9.5 In case of misuse, konzeptplus ag reserves the right to terminate the contractual relationship with immediate effect. Misuse is defined as the customer's failure to fulfill the contractual obligations mentioned in sections 4 and 5.
9.6 In the event of repeated or serious violations of these GTC, in particular in the event of damage to the reputation or disparagement of konzeptplus ag in any form (forums, chats, etc.; faking as well as defamatory behavior or threats against employees), konzeptplus ag is entitled to terminate the contractual relationship with immediate effect.
9.7 In case of misuse of the services and service, the illegal actions described in paragraphs 4, 5, 6, 8 and 9, konzeptplus ag is entitled to terminate, block and delete the account without notice at any time. Any liability of konzeptplus ag in case of such a blocking/deletion of the account is excluded.
10.2 Any price reductions for services provided by konzeptplus ag cannot be applied to contracts already concluded. In addition, there is no right to reclaim the annual amount paid by the customer.
11. Terms of payment
11.2 The customer shall use the invoice sent by mail or email as the basis for payment. Any bank and postal charges resulting from the payment of konzeptplus ag will be charged to the client. All invoices in connection with the services of konzeptplus ag are to be paid within 10 days from the date of invoice.
11.3 In case of late payment by the customer, konzeptplus ag is entitled to stop the use of the contractual services (according to clause 9.2).
12. Copyright and Rights of use
12.2 Konzeptplus ag transfers to the client the rights of use required for the respective purpose. Unless otherwise agreed in writing, only a simple right of use is transferred in each case. Exclusive rights of use must therefore be agreed upon separately. Any transfer of the rights of use by the client to third parties requires the prior written consent of konzeptplus ag.
12.3 The client receives the rights of use only after full payment.
12.4 Konzeptplus ag has the right to be named as the author on the finished works or products. Proposals, suggestions and instructions of the client or third parties do not constitute a joint copyright.
13. Transfer of rights and Obligations under the contract
The customer may transfer rights and obligations under this contract to a third party only with the written consent of konzeptplus ag (see also sections 4.2 and 6.6).
14. Final provisions
14.2 Should one or more provisions of these GTC prove to be invalid, it shall be deemed agreed that what is legally valid corresponds or comes as close as possible to the intended purpose. The remaining provisions shall remain legally valid.
15. Applicable Law and Venue
Swiss law applies to all legal relationships that are not expressly regulated in the contract between konzeptplus ag and the customer or in these GTC. The exclusive place of jurisdiction is St. Gallen, Canton St. Gallen.