Terms of Service

1. Scope

1.1. Conclusion and content of the contract

These general terms and conditions (GTC) regulate the legal relationship between Winet Voicetec Solutions AG (hereinafter referred to as "Winet") and its customers (hereinafter referred to as "customer") who use the services of Winet as a VoIP project partner. The terms and conditions serve as the basis for all other contractual provisions of Winet. The contract between Winet and the customer consists of the offer from Winet and acceptance by the customer. The customer's orders and orders accepted by Winet also count as a contract. The current and published terms and conditions "VoIP Projects, myPhone and Internet Services" on the Winet website are part of every contract between Winet and the customer.

Deviations from our terms and conditions are only effective if we confirm them in writing. Our offers are valid for 14 days unless they indicate a different validity area. In the event of any contradictions, the contract takes precedence over the terms and conditions. The business language is German.

1.2. Supplements

Additional services and deliveries as well as any project-related deviations from the content of the GTC can be agreed in writing in supplements. These are considered part of the contract.

1.3. Specifications and terms and conditions of the customer

The customer's specifications and terms and conditions are only binding if this is expressly agreed in writing.

1.4. Contract changes

The contract and the supplements replace all previous agreements on the same subject. Changes or cancellations of the contract or supplements can only be made in writing or in the same form as they were concluded.

1.5. Assignment and offsetting of claims

The customer can neither transfer his contractual claims and the license rights to third parties nor offset them against counterclaims if Winet does not agree in writing beforehand.

2. Winet's services

2.1. Pre-sales phase

As far as Winet supports the customer with the analysis of his operational needs or with the product selection without special remuneration, this is done without contractual obligation and without liability. However, if a special contract with appropriate remuneration is concluded for the consultation, Winet is liable in accordance with the present terms and conditions.

2.2. Specifications of the services

The specification of each individual service (advice, programming, maintenance, etc.) or delivery (hardware, software) is conclusively derived from the corresponding contract and from the manufacturer's product documentation.

2.3. Third party products

For the delivery or licensing of products from a third party (manufacturer), the manufacturer's delivery, license and guarantee provisions, which are made available to the customer in a suitable form, primarily apply.

2.4. Sub-contracting

Winet can provide the agreed services through the use of sub-contractors and provides the same guarantee within the framework of the present contractual provisions as it does for its own services.

2.5. Services: Order / work contract law

The services are carried out as professionally qualified activities within the meaning of order law, or within the framework of a work contract, provided that the contract describes a work result to be delivered as a work.

2.6. Software, license rights

After paying the license fee on the machine-readable code of the licensed software, the customer acquires a non-exclusive, non-transferable right to use the software on the customer's system. This right of use is limited to the processing of the customer's own business data, and limited to the agreed number of users and the other price-determining parameters. In the case of third-party products, the manufacturer reserves the right to any more restrictive license terms. The customer allows the controls to monitor compliance with the license terms. In the event of gross or persistent violations, the license right can be withdrawn.

2.7. Hardware, transfer of ownership

The ownership of the hardware is only transferred to the customer once payment has been made in full. Until then, Winet can also assert its property against third parties and have a retention of title entered in the register, to which the customer hereby authorizes.

3. Cooperation of the customer

3.1. Obligations of the customer

So that Winet can provide the services correctly, the customer takes care of the administrative, organizational and technical requirements, including: designation of a project manager on the customer side, disclosure of operational needs and the technical framework, evaluation of the quantity structure, provision and operation of connections for on-site and remote work, comments on the concepts, protocols, questions and work results presented, submission of test data, participation in the acceptance procedure (if provided), backup of programs and data.

3.2. Failure by the customer

If the customer neglects his duty to cooperate, Winet can adjust the dates and invoice the customer for any additional costs.

4. Delivery, installation, acceptance

4.1. delivery

Software, service results and documentation can be transmitted to the customer on data carriers or via remote data transmission or made available to him online at Winet's option. Hardware is delivered at the customer's expense and risk to the customer address specified in the contract.

4.2. Installation and instruction

The installation is carried out by Winet, provided this is specifically agreed in the contract. The corresponding additional costs are borne by the customer, in particular the adaptation of the customer's existing technical environment as well as the configuration of interfaces, data transfer, parameterization, customer training and similar activities.

4.3. Acceptance with protocol

As a rule, Winet invites the customer to take delivery and creates a protocol of this (even if the customer does not take part). If defects occur that make the acceptance of the products and services appear unreasonable, Winet must be given the opportunity to remedy these within a reasonable period of time. The acceptance is then repeated. Defects that do not significantly affect the operation are not an obstacle to acceptance. In such a case, Winet and the customer agree on a schedule within which these defects will be remedied by Winet.

4.4. Acceptance without a protocol

If no acceptance protocol is drawn up (e.g. for small deliveries), deliveries and services are deemed to have been accepted, provided that the customer does not have a written complaint regarding the quantity, design or more visible within one week of receipt of the delivery or service (but no later than two weeks after notification of readiness for dispatch) Raises flaws.

4.5. Installation

If the customer starts productive operation, the deliveries and services are automatically deemed to have been accepted. The rectification of defects within the framework of the guarantee or maintenance remains guaranteed.

4.6. Further demands of the customer

In the event of defects of any kind, the rights and claims of the customer are conclusively derived from Sections 7.1 to 7.7.

5. Maintenance and Support

5.1. Maintenance objectives

In the case of software, maintenance serves to maintain the technical standard and restore operational readiness in the event of software-related errors. In the case of hardware, maintenance is used for maintenance and repair or replacement of the hardware in the event of technical malfunctions. In all cases there is no guarantee for uninterrupted operation, for permanent system compatibility or for an immediate remedy of defects. Winet can offer a workaround until the error has been corrected.

5.2. Maintenance options

The details of the maintenance are specified in the maintenance agreement or in the manufacturer's documents. The readiness for maintenance, the response time, the system availability, the runtime etc. depend on the options selected.

5.3. Upgrades and new versions

The delivery of upgrades or new versions with extended functionality is only included in the maintenance fee if the maintenance agreement expressly provides for this.

5.4. Causes of malfunction, operating material, exchange

The replacement or repair of hardware or software that has been damaged by external influences, as well as consumables and wear parts (including batteries), is only included in the maintenance if this has been agreed in the maintenance agreement. Winet can choose to replace defective parts with functionally identical components. Replaced parts become the property of Winet.

5.5. Maintenance requirements

The maintenance refers to the unchanged and uninterrupted serviced hardware or software, when used at the place mentioned in the contract, and according to the configurations and conditions of use recommended by Winet or the manufacturer. Winet can demand that other components of the customer's overall system are also properly maintained, that the customer allows free changes to increase reliability, and that the customer uses the latest release status after a reasonable transition period. Before reporting a malfunction, the customer uses the means made available to him to isolate the problem and diagnose errors. The customer guarantees access to the maintenance object and provides the facilities for remote maintenance at his own expense.

5.6. Additional maintenance costs

In the event of interventions by the customer or third parties, operating errors or false fault reports, causes of faults outside of the components maintained by Winet, deviations from the maintenance requirements or neglect of the customer's obligations to cooperate, Winet can either stop maintenance or the services and deliveries that were required for these reasons or which were rendered outside of normal business hours by Winet, will be charged to the customer in addition to the applicable rates.

5.7. Exceptions to maintenance

The following points are not included in the maintenance services and will be billed to the customer in addition (not an exhaustive list): Maintenance of extensions and options that were not supplied by Winet; Maintenance of electrical installations; Elimination of malfunctions caused by external influences for which Winet is not responsible; Services in connection with the relocation of hardware; Restoring and backup of data and applications.

6. Prices, terms of payment

6.1. Prices and additional costs

If a price is not set in the contract, the list prices of Winet or the manufacturer apply. The costs for delivery and packaging, taxes (especially VAT) and any charges (e.g. disposal fee) are added to the price by the customer. For installation and instructions, see section 4.2. Commissions, discounts, rebates and other deductions are only permitted if expressly agreed.

6.2. Price changes

In the case of periodic invoicing (e.g. licenses, services based on expenditure), Winet can adjust the prices to the changed conditions at any time with one month's advance notice. A price increase for maintenance is permitted at the end of each contract year. If the price increase does not exceed the general rate of inflation, the customer has no right of termination.

6.3. Billing based on effort

In the event of delayed or defective deliveries and services, the customer must immediately notify Winet of the exact complaints in writing. A defect is a deviation from the warranted properties or the unsuitability for the use specified in the contract. Adjustments / extensions not requested according to the contract will be charged according to the actual time spent. The travel time is charged according to the respective Winet price catalog. The customer will also be billed for the expenses and ancillary costs (in particular travel costs, accommodation, meals) and the costs of the aids specifically used for a project (hardware, licenses, database fees, etc.).

6.4. Flat rate prices, cost ceiling

Flat-rate prices (fixed prices) must be expressly agreed as such in the contract. A cost ceiling is not considered a flat rate, but has the following meaning: when the cost ceiling is reached, the customer can decide not to continue the project without mutual damages.

6.5. Payment dates and arrears

The payment dates are specified in the contract. If there is no contractual provision, the deliveries and services are payable upon conclusion of the contract. After 30 days after the invoice has been issued, the customer is in default even without a reminder and owes default interest in the amount of the usual bank interest rate for blank loans, but at least 4% (pa). The other statutory default rights are reserved.

7. Deadlines, warranty, liability

7.1. Notification obligation

In the event of delayed or defective deliveries and services, the customer must immediately notify Winet of the exact complaints in writing. A defect is a deviation from the warranted properties or the unsuitability for the use specified in the contract.

7.2. Events

The dates contained in the contract are seriously determined planning bases. If binding deadlines are to be adhered to, these must be expressly designated as fixed deadlines in the contract.

If such fixed dates are missed, the customer can set a reasonable grace period in writing and withdraw from the contract for the corresponding partial service after the deadline has expired. All dates are to be postponed accordingly if advance payments by the other party are not made on time, as well as in the event of extraordinary disruptions (e.g. force majeure, official measures, strike, failure of energy, telecommunications or traffic routes). Winet's liability for damage caused by delay is ultimately based on Section 7.7.

7.3. Rectification of defects

As far as possible, the removal of defects is carried out as part of maintenance. Winet remedies the defects through free repairs or replacement deliveries. The customer bears the costs for dismantling and installation, for the transport of spare parts and for any necessary adjustments, unless a maintenance contract exists. If essential functions cannot be used in accordance with the contract even after an exchange or repair, the customer can declare by registered letter to Winet that he is withdrawing from the contract for the defective partial service, even if a final grace period expires unused. Substitute performance by third parties or a reduction in price is only permitted if Winet has given its prior written consent. Winet's liability to pay damages is based exclusively on paragraph

7.4. Warranty for third-party products

Warranty and guarantee provisions that are issued by the manufacturer for third-party products take the place of the warranty rights described here.

7.5. Guarantee period, loss of warranty

Unless otherwise specified, the guarantee period is 24 months from delivery. The warranty period for replaced or repaired products expires at the same time as that of the originally delivered products, but is at least one month from the date of replacement or repair. If the warranty period expires or if the customer or third parties intervene in the hardware or software, in the event of external damage, in the event of operating errors, or in the event of usage or operating conditions that deviate from the product documentation, the warranty is void.

7.6. Legal guarantee

If the customer's rights to possession or use of the contractual services are disputed by a third party, the customer leaves the manufacturer and Winet with the defense and the creation of a state that no longer violates the rights of the third party. If this state cannot be achieved with reasonable effort, the contract for the affected partial service will be canceled. In all these cases, Winet's liability for damages is based on Section 7.7.
7.7. Winet's liability

Winet is liable for culpably caused direct personal injury and property damage, in accordance with the statutory liability provisions. For personal injury or damage to property caused by a subcontractor, the subcontractor alone (or his insurance) is liable, with the limitations of liability mentioned above. Any further or other liability on the part of Winet and its employees and subcontractors is expressly excluded, insofar as this is legally permissible. Data security, the provision of alternative solutions and the results achieved when using the services provided are the responsibility of the customer. As a result, Winet is not liable for data loss, pure pecuniary damage, indirect and indirect damage, consequential damage, loss of income or savings not achieved.

8. Property Rights

8.1. Intellectual property

All intellectual property rights remain with Winet or the manufacturer. The customer does not acquire any rights to programs, semiconductor topographies, inventions, copyrights, trademarks, design or know-how that go beyond his own use of the contractual services (Section 8.4 remains reserved). The customer cannot transfer the acquired rights of use to third parties.

8.2. Software protection

The customer receives the licensed programs in machine-readable code. Decompiling, opening up the source code, changing and further developing the software are prohibited by the customer unless this is expressly permitted by law.

8.3. copy protection

The customer may make a backup copy of the licensed programs and the documentation received. The volatile copies made during processing provided by the program are also permitted. The customer is obliged not to make any further copies and to adequately protect the programs and documentation against unauthorized viewing or copying by third parties and against loss. He has to notify Winet immediately in the event of unauthorized knowledge by third parties.

8.4. Individual production

The results of services (including software developments) that are provided individually for the customer become his property after full payment with the transferable property rights. Winet can use the ideas, processes and findings used for development freely and without any cost consequences.

8.5. confidentiality

Winet and the customer are obliged to treat the business secrets of the other party that come to their knowledge during the execution of the contract confidentially and to adequately protect them against any unauthorized knowledge by third parties.

8.6. Non-solicitation

The customer refrains from any solicitation of persons who are used by Winet for the execution of the contract. He fails to use the services of such persons, except via Winet. These obligations apply during the employment of such a person for the customer and for one year afterwards. For each violation, a contractual penalty of one year's salary is payable to the person concerned.

8.7. privacy

Both parties comply with data protection law. The customer is responsible for the protection and security of the data processed on his systems by third parties (including his staff). The customer agrees that data about him and his staff can be forwarded by Winet to domestic or foreign group companies, agents, licensors, credit institutions, etc. for processing.

8.8. Export restrictions

If the export from Switzerland of deliveries and services from Winet is subject to a statutory regulation, the customer is obliged to comply with the relevant regulations and to transfer these obligations to his legal successor.

9. Duration of the contract

9.1. Term of the contract

The contract for deliveries and services remains in effect until it is fulfilled. In the case of service contracts (e.g. service level agreements, data lines, etc.), a minimum term and a notice period are specified in the contract. Unless otherwise agreed in the contract, service contracts have a minimum term of one year and a notice period of three months to the end of a month. If such a contract is not terminated in writing while observing the notice period for the expiry of the minimum term, the contract is automatically extended by one year. At the end of each year of extension, there is a notice period of three months to the end of a month or an automatic extension for a further year.

9.2. Continuation of individual provisions

The provisions of the contract and the terms and conditions on liability and warranty, property rights as well as the applicable law and the place of jurisdiction continue to apply indefinitely even after the end of the contract.

9.3. Conditions during the notice period

In the case of maintenance and services, the average contractual remuneration is also to be paid for the notice period, even if the customer waives the services. The same applies to extra-time cancellations by the customer for the entire remaining term of the contract. Adjusted provisions on the financial consequences of early cancellation can be made in the contract.

9.4. Termination of contracts in special cases

Contracts for unlimited software licenses (one time fee) can be terminated by the customer at any time, but Winet can only terminate them if the customer violates the applicable provisions. In both cases there will be no refund of the license fee. Hardware delivery contracts cannot be terminated. The rights of Winet in the event of default in payment or insolvency of the customer are reserved.

9.5. Bankruptcy of the customer

If bankruptcy or inheritance proceedings are opened against the customer, or if licenses are to be seized, Winet can terminate all contracts without notice and all license rights expire without notice and without compensation for the customer. Winet reserves the right to claim damages.

10. Applicable law and place of jurisdiction

This contract and all supplements are subject to Swiss substantive law to the exclusion of the “Vienna Sales Convention” (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980). This contract and all supplements are subject to Swiss substantive law to the exclusion of the “Vienna Sales Convention” (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980).

The place of jurisdiction for all disputes between the parties is Baden AG. Winet Voicetec Solutions AG can also bring actions against the customer at his domicile.

1. Scope

These General Terms and Conditions (GTC) regulate the legal relationship between Winet Voicetec Solutions AG (hereinafter referred to as "Winet") and its customers (hereinafter referred to as "Customer") who use the services of Winet as a telephone carrier. The terms and conditions serve as the basis for all other contractual provisions of Winet. The current and published terms and conditions "VoIP Projects, myPhone and Internet Services" on the Winet website are part of every contract between Winet and the customer.

Deviations from our terms and conditions are only effective if we confirm them in writing. Our offers are valid for 30 days unless they indicate a different validity area. In the event of any contradictions, the contract takes precedence over the terms and conditions. The business language is German.

2. Contents of the contract for myPhone services from Winet

2.1 Formation of contract

A myPhone contract with a customer comes into being when the customer registers on the Winet homepage and when Winet accepts the contract. After registering, the customer will receive a confirmation by email.

2.2 Contract duration / termination in general

All Winet tariff models and telephony services are concluded for an indefinite period and, unless otherwise specified, can be terminated in writing at the end of the following month. DSL contracts are subject to a minimum term of one year or two years (according to the offer) and a notice period of three months to the end of a month. After the minimum term has expired, these products can be terminated at any time within three months to the end of a month.

With all tariff models, Winet reserves the right to terminate the service immediately in the event of illegal or immoral behavior on the part of the customer.

2.3 Contract term / termination of prepaid accounts

myPhone accounts for private customers are generally managed using the prepaid method. This means that a credit amount (payment on account) must be paid in to use the myPhone account. The account itself is free. Prepaid accounts of private customers can be terminated at any time. New myPhone private accounts can be used immediately after receipt of the credit payment. The minimum amount for a payment on account is CHF 50.00. This regulation applies to all types of payment (cash, bank, post, credit card, PayPal). In the case of credit payments made by credit card or PayPal, a credit of 2% of the payment amount is posted to the customer's account. With a credit amount of CHF 10.00 or more, the customer will be informed when a credit payment is due. If the credit amount reaches CHF 0.00, the account is blocked for incoming and outgoing calls until the payment has been received by Winet or there is evidence that the payment has been made.

Deposited balances will be paid back on request and stating the bank details. Credit amounts may be transferred to another myPhone account upon request by the customer. Negative balances are never transferred to another myPhone account.

If no credit payment is received in the first 30 days after ordering, the account will be deleted and the ordered number will be released again immediately. After 12 months of non-use of the account (neither for incoming nor outgoing calls), the account is deactivated, the number is blocked for 6 months from this point on and then released again.

If telephone support is required, this can only be done via the 0900 number for CHF 2.50 / min.

Hardware orders for private customers are only delivered after the goods have been prepaid. The goods can also be picked up directly from Winet against cash payment.

2.4 Account limits for business customers

Business customers receive an account limit corresponding to their turnover. As a rule, this corresponds to three times the monthly call costs. The customer will be informed from a balance of his choice when the account limit will soon be reached. If the approximate monthly costs are not (yet) known, the account will initially be set up with the limits 450.00 and 500.00. The customer's payment behavior is decisive for an increase or reduction in the account limit and is at the discretion of Winet.

2.5 Provision of contract by Winet / right of ownership

Winet provides the myPhone services within the framework of the available resources in accordance with the current state of the art. Winet cannot accept any liability for consequential damage from unforeseen events such as interruption of the telecommunications connection, force majeure, official measures, changes in the services of suppliers, etc. The services are generally available to the participant for use 24 hours a day, 7 days a week. Agreements to the contrary and technical disruptions that lead to impairment of the services are reserved.

2.6 Customer Obligations

The customer is obliged to give his exact address and / or his current entry in the commercial register and to notify any changes within two weeks. The customer is obliged to use Winet's services within the framework of Swiss laws and recognized Internet standards. If the customer violates the regulations mentioned in this agreement, Winet can delete the user account at any time and without notification.

3. Protection against abuse

The account limit does not represent a guarantee against possible misuse by third parties. It is the responsibility of the operator of a telephone or a telephone system to protect himself against misuse. Damage caused by misuse (fraud) is borne by the operator of the telephone or the telephone system.

4. Prices

The current tariffs for IT and telephone services can be called up at any time on the current Winet website. Additional deliveries and services will be charged separately.

Tariff adjustments do not require any express announcement or written notification. Winet notifies the affected destinations via RSS feed 5 days before any tariff adjustments. Partners and customers are responsible for subscribing to the RSS feed and finding out about upcoming tariff adjustments. Improvements to the range of services while maintaining the fees as well as fee reductions can be implemented by Winet at any time.

Agreements to the contrary must be made in writing. In the case of deliveries of goods, delivery is generally made by surname, unless there is another written agreement. Winet reserves the right to sell receivables to a factoring company.

5. Invoicing

The costs incurred by the customer for myPhone services are billed monthly by Winet, payable within 10 days.

Invoices are made available online in the myWinet telephony platform. The customer will be informed of the provision of the invoice by email. Upon request, an invoice can also be sent in paper form or by email. For the mailing of invoices below CHF 100.00 net, a fee of currently CHF 4.70 net is charged. Winet reserves the right to adjust these fees at any time and is published at https://www.winet.ch/winet/Produkte/myPhone/Alle-Kosten-ueberlicken.php.

6. Payments

The term of payment is 10 days after receipt of the invoice without deduction, provided the invoice has no other payment term. If the customer exceeds the applicable payment term and does not pay the purchase price, even after a reminder with a deadline, he is in default and undertakes to pay interest on arrears of 4% (pa) to Winet. For reminders with a request for payment with a deadline, Winet can charge the customer a flat fee for processing and expenses. The assertion of further damages caused by delay is not excluded.

7. Account suspension

If the account has to be blocked due to outstanding payments, Winet is entitled to charge the customer a reactivation fee and to switch the account to prepaid. In this case, the account is only available again for incoming and outgoing calls when open invoices, reactivation fee and credit amount have been received by Winet as payment or there is evidence that the payment has been made.

8. Other warranty provisions

Winet assigns its warranty claims that it has against any upstream suppliers to Winet's customers.

9. Liability

This does not include claims for damages by the customer based on negligence when concluding the contract, breach of secondary contractual obligations, positive breach of contract, in particular for consequential damage caused by defects, unless they are based on intent or gross negligence on the part of us or our vicarious agents.

10. Data protection

Winet is entitled to process the data received about the buyer with regard to the business relationship or in connection with it, regardless of whether it comes from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act.

11. Final provisions

The legal ineffectiveness of individual provisions does not affect the binding nature of the contract and must be interpreted in accordance with them. Insofar as no special regulations are made in these terms and conditions, the statutory provisions apply. With the announcement of these GTC, all previous conditions lose their validity.

12. Applicable law and place of jurisdiction

This contract and all supplements are subject to Swiss substantive law to the exclusion of the “Vienna Sales Convention” (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980). This contract and all supplements are subject to Swiss substantive law to the exclusion of the “Vienna Sales Convention” (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980).

The place of jurisdiction for all disputes between the parties is Baden AG. Winet Voicetec Solutions AG can also bring actions against the customer at his domicile.

1. Scope

These General Terms and Conditions (GTC) regulate the legal relationship between Winet Voicetec Solutions AG (hereinafter referred to as "Winet") and its customers (hereinafter referred to as "Customer") who use the services of Winet as an Internet Service Provider (ISP) . The terms and conditions serve as the basis for all other contractual provisions of Winet. The current and published terms and conditions "VoIP Projects, myPhone and Internet Services" on the Winet website are part of every contract between Winet and the customer.

Deviations from our terms and conditions are only effective if we confirm them in writing. Our offers are valid for 30 days unless they indicate a different validity area. In the event of any contradictions, the contract takes precedence over the terms and conditions. The business language is German.

2. Winet's services

Winet provides the services in accordance with the scope of services described for individual services. Winet provides its services carefully and professionally. Winet endeavors within the scope of its operational resources to offer its services around the clock without disruption and without interruptions, but does not guarantee that the products, services and access to the services will function at all times and without interruption. Errors that significantly impair performance will be remedied as quickly and as far as possible and necessary by remote maintenance. If the effort for troubleshooting exceeds the usual level (e.g. troubleshooting on site) or if the customer is responsible for the cause of the failure, be it as a result of incorrect manipulation or because of the hardware and software used by the customer, the customer will be responsible for troubleshooting at the expense of the customer current approaches offset. The customer will - as far as possible - be informed in good time about foreseeable business interruptions that are necessary to rectify faults, carry out maintenance work or expand services. Winet is not liable for any costs incurred by the customer towards third parties in order to gain access to a Winet service (e.g. dialing in via telephone line). The services can be adjusted at any time if legal provisions, official orders or operational reasons make this necessary.

3. Customer Obligations

The customer is obliged to treat all user IDs and passwords received from Winet confidentially. As a rule, they can change their passwords at any time. The customer is responsible to Winet for any use of the services via his account and is liable for any damage resulting from misuse of the use.

The customer undertakes to take the necessary measures to ensure that his access to the Internet or other networks does not interfere with third-party systems, manipulate programs or infiltrate computer viruses.

The customer undertakes towards Winet to comply with international and Swiss law as well as generally recognized rules of conduct (eg "netiquette") when using the services. He is responsible for the content of the information that he or third parties transmit or have processed by Winet via his account, retrieves or makes available for retrieval. In particular, the following information content may not be disseminated via the customer's account:

  • Depictions of violence within the meaning of Art. 135 of the Swiss Criminal Code (StGB)
  • pornographic writings, sound or image recordings and representations within the meaning of Art. 197 StGB
  • Calls for violence within the meaning of Art. 259 StGB
  • Racial discrimination within the meaning of Art. 261bis StGB
  • Instructions or incitement to criminal behavior
  • unauthorized games of chance within the meaning of the Lottery Act
  • Information that violates copyrights, related rights or other intellectual property rights of third parties.

The customer is responsible for ensuring that young people under 16 or 18 years of age do not have access to websites that are only intended for people over 16 or 18 years of age. This provision is binding for both legal and natural persons. Winet reserves the right to block the customer's account in the event of improper use with immediate effect at the customer's expense. Improper use is in particular the failure of the customer to fulfill the above and below (Section 4) contractual obligations. The blocking remains in place until the respective facts have been clarified or the customer provides evidence of the actual harmlessness of the content. Winet also reserves the right to block the services obtained from Winet at the customer's expense if his user behavior in any way affects the operating behavior of the server. Winet expressly reserves the right to make claims for damages in any case of improper use of a service or violation of the general terms and conditions.

The customer also undertakes to truthfully pass on all of his personal information to Winet.

4. Email

The customer is obliged to regularly check his / her e-mail account for their memory usage. The maximum mailbox size depends on the selected product. Winet assumes no responsibility for missed or missed inboxes due to reached / exceeded storage capacity. Sending advertising e-mails by the contractual partner to third parties without being asked to do so is not permitted. If it becomes known, Winet reserves the right to block access to the customer's e-mail without prior notice until the issue has been clarified.

Sending unwanted mass mails (spaming, mail bombing) via the Winet servers is prohibited. The operation of mailing lists to an extent that could endanger the operational stability of our systems is also strictly prohibited. Such behavior is regarded as improper use of Internet access and results in the sanctions mentioned above (section 3).

5. Data security

The customer is responsible for securing the transmitted data. Winet endeavors to take technically reasonable, economically and comparatively reasonable measures to secure this data.

6. Privacy Risks

There are various data protection risks for customers when using the Internet. In particular, data protection is not guaranteed with the unencrypted transmission of data. In addition, it must be expected that unencrypted e-mails can be read, changed or suppressed by third parties without authorization. The encryption and encryption of transmitted information can improve protection against unauthorized access. Firewalls can prevent unwanted intrusions from unauthorized third parties or at least make it more difficult. It is the customer's responsibility to take measures to improve data protection.

7. Liability

Winet is only liable for damage-causing events that occurred on the transmission channels of Winet or on the telecommunications network of Swisscom or third parties if the damage was caused intentionally or through gross negligence by Winet. Winet assumes no responsibility for damage caused to the customer by misuse of the Internet connection by third parties. This also includes damage caused by computer viruses. The respective providers are solely responsible for the availability, completeness, correctness and up-to-dateness of information and services, for the freedom of information, services and rights of third parties and Winet assumes no liability.

The customer is responsible for the compatibility of the hardware and software components used by him. Winet does not guarantee that Internet access can be used by all end devices without any problems.

Winet rejects any guarantee or liability for errors in the software it sells as well as for the loss or unauthorized modification of e-mail messages. Winet is not liable for business interruptions that serve to rectify faults, maintain, convert the infrastructure (switchovers, etc.) or introduce new or different technologies.

In any case, Winet's liability is limited to direct damage. Liability for consequential damage of any kind, in particular for lost profit, is excluded.

8. Contract duration and renewal

The prices are based on the current price list published on the Winet website. The customer is obliged to pay the agreed prices on time. If the customer defaults on payment, Winet is entitled to prevent the use of the contractual services.

9. Transfer of rights and obligations under the contract

The customer can only transfer rights and obligations from this contract to a third party with the written consent of Winet.

10. Applicable law and place of jurisdiction

This contract and all supplements are subject to Swiss substantive law to the exclusion of the “Vienna Sales Convention” (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980). This contract and all supplements are subject to Swiss substantive law to the exclusion of the "Vienna Sales Convention" (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980)

The place of jurisdiction for all disputes between the parties is Baden AG. Winet Voicetec Solutions AG can also bring actions against the customer at his domicile.