Clause 1 – Subject matter of the Contract 

These General Terms and Conditions shall govern the legal relationship between Aramedia Solutions AG (hereinafter referred to as “Aramedia”) and the signatory to the contract (hereinafter referred to as “Customer”), who makes use of the Services of Aramedia. By his agreement (verbal, written or electronic) or by making use of the services (hereinafter referred to as “Services”) the Customer accepts these General Terms and Conditions as an integral part of the contract between him and Aramedia. The terms of the Master Service Agreement (MSA) and the Service Level Agreement (SLA) are overriding these General Terms and Conditions.

The Customer agrees to make use of the Services offered by Aramedia in accordance with the General Terms and Conditions. The special provisions in the respective service contract between the Customer and Aramedia are reserved.

Clause 2 – Start, duration and end of the contract

Unless otherwise stipulated, the contract between the Customer and Aramedia shall be concluded for an indefinite period. The contract shall enter into force on the date agreed between the Customer and Aramedia. If the Customer makes use of a Service of Aramedia before the agreed date, then the contract shall enter into force with the date of first use.

The minimum contractual periods and notice periods vary depending on the service:

The Contract is subject to notice of termination for the first time after the expiry of the minimum contractual period. After expiry of the contractual period, the Contract shall be automatically renewed again by the minimum contractual period in each case. Fixed-term contracts shall end without notice on the expiry of the agreed period.

Notice of termination may be given in writing by either of the parties to the Contract, subject to the servicespecific notice periods and contractual periods at the end of a specific month.

However, Aramedia reserves the right to terminate the Contract at any time for an important reason, namely such as use of Services for the purposes of, or in connection with, criminal acts.

Clause 3 – Obligations of the Customer 

The Customer shall be responsible for the Services to which he subscribes being used in accordance with the law and with the contract. Aramedia shall not be liable for any damage resulting from use in breach of the law or of the contract.

The Customer shall take all necessary measures to prevent unauthorised intrusions into his own and third party systems, against the dissemination of viruses and to comply with the applicable regulations of the laws relating to telecommunications, data protection and copyright.

The Customer agrees not to use the Services to commit nor to support criminal actions and will take the necessary steps within his sphere of responsibility to prevent any criminal use by the Customer’s users or third parties. This applies in particular with respect to acts of unlawful games of chance, money laundering and the distribution and enabling of access to portrayals of violence, of so-called hard pornography, of provocations to commit crimes or acts of violence, interferences with freedom of religion and of culture or of racial discrimination within the meaning of the Swiss Criminal Code. Aramedia also prohibits the sending of unwanted mass advertising mailings (spam).

The Customer is obliged to hold Aramedia harmless for claims made against Aramedia because the Customer or one of his employees or users uses the Service in breach of this contract or has misused it for criminal activities.

The Customer shall inform Aramedia immediately of any faults, problems or interruptions of services, equipment or software of which he becomes aware and in particular also of cases of use of the Services in breach of the law or of this Contract by the Customer’s users and by unauthorised third parties (e.g. hackers).

It is the responsibility of the Customer to protect the equipment and software in his possession or the equipment and software leased by Aramedia used for the exploitation of the Services and also the data, including program data used for this purpose, from unauthorised access, manipulation, damage and loss. Aramedia shall not be liable for any losses incurred by the Customer in this connection. If no agreements have been made about back-up services, the Customer shall take full responsibility for the data himself.

The operation of open relays is not permitted.

If a Customer shares a server system with other customers, as is typically the case with web hosting or virtual servers, the Customer shall show consideration and limit any excessive demand and therewith interference with the service of the other customers (“Fair Usage”). Should this be unsuccessful, Aramedia will offer an upgrade to a more powerful service class. If the Customer does not take action, Aramedia reserves the right to withdraw from the Contract, immediately if necessary.

Clause 4 – Prices, billing and payment

Unless otherwise agreed, the prices are in CHF, net ex. VAT. The term of payment is 10 days.

The services shall be billed in advance depending on the Service. The billing periods vary, depending on the Service, as follows:

In case of early termination, the outstanding balance shall be paid off.

Installation costs will be billed together with the first invoice amount for the Services.

After expiry of the term of payment, the Customer shall be in default from the due date of the demand and shall pay interest on arrears in the amount provided by law, without the need for further warning. In the case of a third warning, Aramedia reserves the right to limit or to interrupt the Services without further notice. The Customer will be billed a fee of CHF 50.00 for reinstatement of service.

Clause 5 -Rights and obligations of Aramedia

Aramedia shall provide the agreed Services within the bounds of the corporate and technical resources available to it. The Customer shall grant Aramedia all necessary support so that the latter may provide its services. Aramedia attaches the highest possible importance to a very high reliability and endeavours to provide its services free from problems and interruptions within the bounds of its operational resources. If Aramedia is unable to correct a fault reported by the Customer, which significantly interferes with, or renders impossible, the use of the Services, within an appropriate additional period set once by the Customer in writing, the Customer shall be entitled to withdraw from the Contract.

The normal working hours applicable (office opening times) shall be Monday -Friday, 09.00 – 12:00 and 13:30 -18.00 hours, with the exception of Swiss national and cantonal public holidays of the Canton of Zürich and those which apply at the domicile of the Customer.

Problems and interruptions which have been caused by the Customer or the users accountable to him, will be corrected at his expense by Aramedia. The work performed will be charged at the respectively applicable current rates of Aramedia.

In the event of a well-founded suspicion that the Services are being used in breach of the law or of the contract by the Customer, the Customer’s users or third parties who have gained access to the Services via the computer equipment of the Customer, Aramedia shall be entitled, at any time and if necessary without prior notification, to prevent the distribution, the allowing of access or the calling up of unlawful content or to interrupt the connection to the Customer, without any obligation of liability or of compensation arising herefrom.

Clause 6 –Liability

The Customer may be held liable for damage which Aramedia or third parties suffer by the use of the Services by the Customer or the Customer’s users.

Aramedia shall endeavour, within the bounds of its human and financial resources, to ensure that the Services offered are of high quality. Aramedia shall, however, accept no responsibility for problems or failures of the Services. In particular Aramedia accepts no liability for any damage caused by any criminal activities of third persons like phising, dos-attackes, hacking or malware. Insofar as legally permissible, Aramedia accepts no liability for direct or indirect losses for itself and for the third parties used by Aramedia to execute the Contract. This applies in particular to consequential losses, such as liability for lost profit, and liability for the loss of data or for third party claims.

Aramedia draws the attention of the customer to the fact that when spam filters are used, desired messages may also be filtered out.

Clause 7 -Closing provisions 

Aramedia reserves the right to amend these General Terms and Conditions at any time. The new Terms and Conditions will be notified to the Customer in writing or other appropriate manner and unless the Customer objects within a period of one month, shall be deemed as approved.

Should any individual provision or provisions of these General Terms and Conditions be or become void, this shall not affect the remaining provisions hereof. These shall remain unamended and retain their validity. The invalid provision(s) shall be replaced by valid provision(s) coming as close as possible to the sense and spirit and purpose of these terms and conditions.

The Contract and these Terms and Conditions are subject to the law of Switzerland. The exclusive judicial venue shall be Lucerne. Aramedia is entitled also to bring suit against the Customer at his domicile and/or registered office.

This English version of the General Terms and Conditions is a translation of the original German version of the General Terms and Conditions. If there are any contradictions or inconsistencies between the original German version of the General Terms and Conditions and any version or translation of the General Terms and Conditions in any other language, the German version of the General Terms and Conditions prevail.

These General Terms and Conditions are valid from 1 January 2011 and replace all previous publications.