General Terms and Conditions
1. Scope
1.1. Conclusion and Content of the Contract
These General Terms and Conditions (GTC) govern the legal relationship between Winet Voicetec Solutions AG (hereinafter referred to as „Winet“) and its customers (hereinafter referred to as „Customer“) who use Winet’s services as a VoIP project partner. The GTC serve as the basis for all other contractual provisions of Winet. The contract between Winet and the Customer consists of Winet’s offer and the Customer’s acceptance thereof. Orders and requests from the Customer that have been accepted by Winet are also considered part of the contract. The current and published General Terms and Conditions titled „VoIP Projects, myPhone, and Internet Services“ on Winet’s website are an integral part of every contract between Winet and the Customer.
Any deviations from our Terms and Conditions are effective only if we confirm them in writing. Our offers are valid for 14 days, unless a different validity period is specified. In the event of any conflicts, the contract takes precedence over the Terms and Conditions. The language of the contract is German.
1.2. Addenda
Additional services and deliveries, as well as any project-related deviations from the terms of the General Terms and Conditions, may be agreed upon in writing in addenda. These addenda are considered an integral part of the contract.
1.3. The Customer's Specifications and Terms and Conditions
The customer’s specifications and terms and conditions shall be binding only if this is expressly agreed in writing.
1.4. Contract Amendments
This agreement and its amendments supersede all prior agreements on the same subject. Any amendments to or terminations of this agreement or its amendments may only be made in writing or in the same form in which they were originally entered into.
1.5. Assignment and Setoff of Claims
The customer may not transfer its contractual claims or license rights to third parties or set them off against counterclaims without Winet's prior written consent.
2. Services Provided by Winet
2.1. Pre-Sales Phase
To the extent that Winet assists customers in analyzing their operational needs or selecting products without receiving specific compensation, such assistance is provided without any contractual obligation or liability. However, if a specific contract is entered into for such consulting services with appropriate compensation, Winet shall be liable in accordance with these General Terms and Conditions.
2.2. Specifications of Services
The specifications for each individual service (consulting, programming, maintenance, etc.) or delivery (hardware, software) are set forth in full in the relevant contract and in the manufacturer’s product documentation.
2.3. Third-Party Products
With regard to the delivery or licensing of products from a third party (manufacturer), the manufacturer’s delivery, licensing, and warranty terms and conditions shall apply first and foremost; these terms and conditions shall be made available to the customer in an appropriate manner.
2.4. Subcontracting
Winet may provide the agreed-upon services through the use of subcontractors and, in accordance with the terms of this contract, provides the same warranty for such services as it does for its own services.
2.5. Services: Law Governing Contracts for Services and Work Contracts
The services are provided as professionally qualified activities within the meaning of the law governing contracts for services, or under a contract for work and materials, provided that the contract describes a specific result to be delivered as a work product.
2.6. Software, License Rights
Upon payment of the license fee, the customer acquires a non-exclusive, non-transferable right to use the licensed software on the customer’s system, based on the machine-readable code of the software. This right of use is restricted to the processing of the customer’s own business data and is limited to the agreed number of users as well as to the other parameters determining the price. For third-party products, any more restrictive license terms imposed by the manufacturer shall apply. The customer consents to audits to verify compliance with the license terms. In the event of gross or persistent violations, the license may be revoked.
2.7. Hardware, Transfer of Ownership
Ownership of the hardware is not transferred to the customer until full payment has been made. Until then, Winet may assert its ownership rights even against third parties and have a retention of title entered in the registry, for which the customer hereby authorizes Winet.
3. Customer Cooperation
3.1. Customer Obligations
To ensure that Winet can properly deliver its services, the customer is responsible for providing the necessary administrative, organizational, and technical prerequisites, including: appointing a project manager on the customer’s side, communicating operational requirements and technical conditions, evaluation of the scope of work, provision and operation of connections for on-site and remote work, providing feedback on the submitted concepts, protocols, questions, and work results, submission of test data, participation in the acceptance procedure (if applicable), and backing up programs and data.
3.2. Customer's Failures to Comply
If the customer fails to fulfill their obligation to cooperate, Winet may adjust the schedule and bill the customer for any additional costs incurred.
4. Delivery, Installation, Acceptance
4.1. Delivery
Software, service results, and documentation may, at Winet’s discretion, be delivered to the customer on data storage media, transmitted to the customer via remote data transmission, or made available to the customer online. Hardware is delivered at the customer’s expense and risk to the customer’s address specified in the contract.
4.2. Installation and Training
Installation is performed by Winet, provided this is specifically agreed upon in the contract. The corresponding additional costs are borne by the customer, including, in particular, the adaptation of the customer’s existing technical environment, as well as the configuration of interfaces, data migration, parameterization, customer training, and similar activities.
4.3. Acceptance with a written report
As a rule, Winet invites the customer to the acceptance inspection and prepares a report on it (even if the customer does not attend). If defects are discovered during the inspection that make acceptance of the products and services unreasonable, Winet must be given the opportunity to remedy them within a reasonable period of time. The acceptance inspection is then repeated. Defects that do not significantly impair operations do not constitute grounds for refusing acceptance. In such cases, Winet and the customer agree on a timeline within which Winet will remedy these defects.
4.4. Acceptance Without a Report
If no acceptance report is prepared (e.g., for small deliveries), then deliveries and services shall be deemed accepted unless the customer submits a written complaint regarding quantity, workmanship, or visible defects within one week of receiving the delivery or service (but no later than two weeks after notification that the goods are ready for shipment).
4.5. Commissioning
Once the customer begins productive operation, the deliveries and services are automatically deemed to have been accepted. The rectification of defects under warranty or as part of maintenance remains guaranteed.
4.6. Additional Claims by the Customer
In the event of defects of any kind, the customer’s rights and claims are governed exclusively by Sections 7.1 through 7.7.
5. Maintenance and Support
5.1. Maintenance Objectives
For software, maintenance serves to uphold technical standards and restore operational capability in the event of software-related errors. For hardware, maintenance serves to service, repair, or replace the hardware in the event of technical malfunctions. In all cases, there is no guarantee of uninterrupted operation, permanent system compatibility, or immediate rectification of defects. Winet may offer a workaround until the defect is resolved.
5.2. Maintenance Options
The details of maintenance are specified in the maintenance agreement or in the manufacturer's documentation. Maintenance readiness, response time, system availability, uptime, etc., depend on the selected options.
5.3. Upgrades and New Versions
The delivery of upgrades or new versions with enhanced functionality is included in the maintenance fee only if the maintenance agreement expressly provides for this.
5.4. Causes of Malfunctions, Consumables, Replacement
The replacement or repair of hardware or software damaged by external factors, as well as of consumables and wear-and-tear parts (including batteries), is included in the maintenance only to the extent agreed upon in the maintenance agreement. Winet may, at its discretion, replace defective parts with components that perform the same function. Replaced parts become the property of Winet.
5.5. Maintenance Requirements
Maintenance applies to hardware or software that remains unchanged and is maintained without interruption, when used at the location specified in the contract, and in accordance with the configurations and operating conditions recommended by Winet or the manufacturer. Winet may require that other components of the customer’s overall system also be properly maintained, that the customer permit modifications at no cost to enhance reliability, and that the customer implement the latest release version after a reasonable transition period. Before reporting a malfunction, the customer shall use the tools provided to them for troubleshooting and error diagnosis. The customer shall ensure access to the system under maintenance and shall provide the necessary equipment for remote maintenance at their own expense.
5.6. Additional Maintenance Costs
In the event of interference by the customer or third parties, operating errors, or incorrect fault reports; causes of malfunctions outside the scope of the components maintained by Winet; deviations from the maintenance requirements; or the customer’s failure to fulfill its obligations to cooperate, Winet may either suspend maintenance, or charge the customer additionally, at the then-current rates, for any services and deliveries that became necessary for these reasons or that were provided by Winet outside of normal business hours.
5.7. Exceptions to Maintenance
The following items are not covered by the maintenance services and will be billed to the customer separately (this list is not exhaustive): Maintenance of add-ons and options not supplied by Winet; maintenance of electrical installations; Troubleshooting malfunctions caused by external factors beyond Winet’s control; services related to relocating hardware; restoring and backing up data and applications.
6. Prices, Payment Terms
6.1. Prices and Additional Costs
If the contract does not specify a price, the list prices of Winet or the manufacturer shall apply. The costs for shipping and packaging, taxes (in particular, value-added tax), and any applicable fees (e.g., disposal fees) are added to the price and are the responsibility of the customer. For installation and instruction, see Section 4.2. Commissions, discounts, rebates, and other deductions are permitted only if expressly agreed upon.
6.2. Price Changes
In the case of periodic billing (e.g., licenses, time-and-materials services), Winet may adjust prices at any time to reflect changed circumstances, provided one month’s advance notice is given. For maintenance services, a price increase is permitted at the end of each contract year. Provided that the price increase does not exceed the general rate of inflation, the customer has no right to terminate the contract.
6.3. Billing Based on Actual Expenses
In the event of delayed or defective deliveries and services, the customer must immediately notify Winet in writing of the specific complaints. A defect is defined as a deviation from the warranted characteristics or unsuitability for the use specified in the contract. Modifications or enhancements not requested in accordance with the contract will be billed based on actual time spent. Travel time will be billed in accordance with Winet’s current price list. Expenses and incidental costs (in particular travel expenses, lodging, and meals) as well as the costs of resources specifically used for a project (hardware, licenses, database fees, etc.) will be billed to the customer separately.
6.4. Flat Rates, Cost Cap
Flat rates (fixed prices) must be expressly agreed upon as such in the contract. A cost cap is not considered a flat rate; rather, it has the following meaning: once the cost cap is reached, the customer may decide to discontinue the project without either party being liable for damages.
6.5. Payment Dates and Delinquency
The payment dates are specified in the contract. In the absence of a contractual provision, deliveries and services are payable upon conclusion of the contract. If 30 days have elapsed since the invoice date, the customer shall be in default even without a reminder and shall owe late-payment interest at the standard bank interest rate for unsecured loans, but not less than 4% (p.a.). The customer’s other statutory rights in the event of default remain reserved.
7. Deadlines, Warranty, Liability
7.1. Obligation to Notify of Defects
In the event of delayed or defective deliveries and services, the customer must immediately notify Winet in writing of the specific complaints. A defect is defined as a deviation from the warranted characteristics or unsuitability for the use specified in the contract.
7.2. Dates
The dates specified in the contract are planning benchmarks that have been determined with due care. If binding deadlines must be met, they must be expressly designated as fixed deadlines in the contract.
If such fixed deadlines are missed, the customer may set a reasonable grace period in writing and, upon its expiration without action, withdraw from the contract for the corresponding partial service. All deadlines shall be postponed accordingly if the other party fails to fulfill its obligations on time, as well as in the event of extraordinary disruptions (e.g., force majeure, government measures, strikes, or failures in power, telecommunications, or transportation). Winet’s liability for damages resulting from delays is governed exclusively by Section 7.7.
7.3. Rectification of Defects
To the extent possible, defects are rectified as part of routine maintenance. Winet remedies defects by providing free repairs or replacement parts. The customer bears the costs for removal and installation, for the transportation of replacement parts, and for any necessary adjustments, unless a maintenance contract is in place. If, even after a replacement or repair, essential functions cannot be used in accordance with the contract, the customer may notify Winet by certified letter that he is withdrawing from the contract regarding the defective partial performance if a final grace period also expires without action being taken. Repairs performed by third parties or a price reduction are permitted only if Winet has given its prior written consent. Winet’s liability for damages is governed exclusively by Section
7.4. Warranty for Third-Party Products
Warranty and guarantee provisions issued by the manufacturer for third-party products shall take precedence over the rights regarding defects described here.
7.5. Warranty Period, Termination of the Warranty
Unless otherwise specified, the warranty period is 24 months from the date of delivery. The warranty period for replaced or repaired products runs concurrently with that of the originally delivered products, but shall be at least one month from the date of replacement or repair. The warranty is void upon expiration of the warranty period, as well as in the event of tampering with the hardware or software by the customer or a third party, 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.
7.6. Legal Warranty
If a third party disputes the customer’s rights to possession or use of the contractual services, the customer shall entrust the manufacturer and Winet with the defense against such claims and with restoring a state of affairs that no longer infringes upon the third party’s rights. If this situation cannot be achieved with reasonable effort, the contract for the affected partial service shall be terminated. In all such cases, Winet’s liability for damages shall be governed by Section 7.7.
7.7. Winet's Liability
Winet is liable for direct personal injury and property damage caused through its own fault, in accordance with the statutory liability provisions. A subcontractor is solely liable (or its insurance company is liable) for any personal injury or property damage it causes, subject to the liability limitations mentioned above. Any further or other liability on the part of Winet, as well as its employees and subcontractors, is expressly excluded to the extent permitted by law. Data security, the provision of alternative solutions, and the results achieved through the use of the services provided are the responsibility of the customer. Consequently, Winet assumes no liability for data loss, pure financial losses, indirect or consequential damages, loss of revenue, or unrealized savings.
8. Intellectual 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, designs, or know-how beyond the customer’s own use of the contractual services (subject to Section 8.4). The customer may not transfer the acquired rights of use to third parties.
8.2. Software Protection
The customer receives the licensed programs in machine-readable code. The customer is prohibited from decompiling, reverse engineering, modifying, or further developing the software, unless expressly permitted by law.
8.3. Copy Protection
The customer may make a backup copy of the licensed programs and the documentation provided. Temporary copies created during processing as intended by the program are also permitted. The customer is obligated not to make any further copies and to adequately protect the programs and documentation against unauthorized access or copying by third parties, as well as against loss. The customer must immediately notify Winet in the event of unauthorized access by third parties.
8.4. Custom-Made Products
The results of services (including software development) provided individually for the customer shall become the customer’s property, along with the transferable intellectual property rights, upon full payment. Winet may continue to use the ideas, processes, and insights employed in the development freely and without incurring any costs.
8.5. Confidentiality
Winet and the customer are obligated to treat as confidential any trade secrets of the other party that come to their attention during the performance of the contract and to take appropriate measures to protect such trade secrets from unauthorized disclosure to third parties.
8.6. Prohibition on Solicitations
The customer shall refrain from poaching any individuals employed by Winet to perform the contract. The customer shall not engage the services of such individuals except through Winet. These obligations shall remain in effect for the duration of such an individual’s employment with the customer and for one year thereafter. For each violation, a contractual penalty equal to one year’s salary of the person in question shall be payable.
8.7. Data Protection
Both parties shall comply with the Data Protection Act. The customer is solely responsible for the protection and security of third-party data (including that of its own personnel) processed on its systems. The customer agrees that data about the customer and its staff may be forwarded by Winet to domestic or foreign group companies, agents, licensors, financial institutions, etc., for processing.
Due to legal requirements, such as those set forth by FINMA or BAKOM, certain data remains stored at Winet even after the contract has ended. The rules governing who may access this data are clearly defined: Use for one’s own purposes and disclosure to unauthorized third parties are expressly prohibited. Once the respective retention periods have expired, the data will be deleted.
8.8. Export Restrictions
If the export from Switzerland of goods and services provided by Winet is subject to legal regulations, the customer is obligated to comply with the relevant provisions and to transfer these obligations to its legal successor.
9. Term of the Contract
9.1. Term of the Contract
A contract for goods and services generally remains in effect until it is fulfilled. For 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 by the end of the minimum term in accordance with the notice period, the contract is automatically extended for one year. At the end of each renewal year, a three-month notice period applies, effective at the end of a month, or the contract is automatically renewed for another year.
9.2. Continued Effect of Individual Provisions
The provisions of the contract and the General Terms and Conditions regarding liability and warranty, intellectual property rights, as well as the applicable law and venue, shall remain in effect indefinitely even after the contract has ended.
9.3. Conditions During the Notice Period
For maintenance and services, the average contractual compensation must be paid even during the notice period, even if the customer opts out of the services. The same applies to early terminations by the customer for the entire remaining term of the contract. The contract may include customized provisions regarding the financial consequences of early termination.
9.4. Termination of Contracts in Special Cases
Contracts for perpetual software licenses (one-time fee) may be terminated by the customer at any time; Winet, however, may terminate them only if the customer violates the applicable terms and conditions. In either case, the license fee is non-refundable. Contracts for hardware deliveries cannot be terminated. Winet reserves its rights in the event of the customer’s default or insolvency.
9.5. Customer Insolvency
If bankruptcy or insolvency proceedings are initiated against the customer, or if licenses are to be seized, Winet may terminate all contracts immediately, and all license rights shall expire without notice and without compensation to the customer. Winet reserves the right to claim damages.
10. Governing Law and Jurisdiction
This Agreement and all amendments thereto are governed by 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 amendments thereto are governed by Swiss substantive law, excluding 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 may also bring legal action against the customer at the customer’s place of residence.
1. Scope
These General Terms and Conditions (GTC) govern the legal relationship between Winet Voicetec Solutions AG (hereinafter referred to as „Winet“) and its customers (hereinafter referred to as „Customer“) who use Winet’s services as a telecommunications carrier. The GTC serve as the basis for all other contractual provisions of Winet. The current and published GTC for „VoIP Projects, myPhone, and Internet Services“ on Winet’s website are an integral part of every contract between Winet and the Customer.
Any deviations from our Terms and Conditions are effective only if we confirm them in writing. Our offers are valid for 30 days, unless a different validity period is specified. In the event of any conflicts, the contract takes precedence over the Terms and Conditions. The language of the contract is German.
2. Scope of the Contract: myPhone Services Provided by Winet
2.1 Formation of the Contract
A myPhone contract with a customer is established upon registration on the Winet website and upon Winet's acceptance of the contract. After registering, the customer will receive a confirmation via email.
2.2 Contract Term / Termination in General
All Winet rate plans and telephony services are entered into for an indefinite period and, unless otherwise specified, may be canceled at the end of the month with three months’ notice. All flat-rate plans have a minimum term of 12 months, unless other minimum terms are specified, and may be canceled by providing three months’ notice, effective at the end of the month. DSL contracts are subject to a minimum term of one year or two years (depending on the offer) and a three-month notice period effective at the end of a month.
For all pricing plans, Winet reserves the right to immediately terminate the service in the event of unlawful or immoral conduct on the part of the customer.
2.3 Contract Term / Termination of Prepaid Accounts
myPhone accounts for residential customers are generally managed on a prepaid basis. This means that a credit balance (deposit) must be paid into the account in order to use the myPhone account. The account itself is free of charge. Prepaid accounts for residential customers can be canceled at any time. New myPhone personal accounts are available for use immediately upon receipt of the credit payment. The minimum amount for a credit payment is CHF 50.00. This rule applies to all payment methods (cash, bank transfer, postal service, credit card, PayPal). For credit top-ups made by credit card or PayPal, the customer’s account is credited with 2% of the payment amount. Once the credit balance reaches CHF 10.00, the customer will be notified when a top-up is due. If the credit balance reaches CHF 0.00, the account will be blocked for incoming and outgoing calls until Winet has received the payment or proof that the payment has been made.
Deposited funds will be refunded upon request, provided the customer provides their bank account information. Upon the customer’s request, credit balances may be transferred to another myPhone account. Negative balances will never be transferred to another myPhone account.
If no payment is received within the first 30 days after placing the order, the account will be deleted and the ordered phone number will be immediately released. After 12 months of inactivity (no incoming or outgoing calls) on the account, the account will be deactivated, the phone number will be blocked for 6 months starting at that time, and then it will be released again.
If you would like telephone support, it is provided exclusively via a 0900 number at a rate of CHF 2.50 per minute.
Hardware orders for individual customers will be shipped only after payment for the merchandise has been made in advance. The merchandise can also be picked up directly from Winet with cash payment.
2.4 Account Limits for Business Customers
Business customers are assigned an account limit based on their revenue. This limit is generally three times their monthly call charges. The customer will be notified when the account limit is about to be reached, based on a balance amount of their choice. If the approximate monthly costs are not (yet) known, the account will initially be set up with limits of 450.00 and 500.00. Any increase or decrease in the account limit is based on the customer’s payment history and is at Winet’s sole discretion.
2.5 Performance of the Contract by Winet / Right of Ownership
Winet provides the myPhone services within the limits of available resources and in accordance with the current state of the art. Winet assumes no liability for consequential damages resulting from unforeseen events such as interruptions in telecommunications connections, force majeure, government actions, changes in services provided by suppliers, etc. The services are generally available to subscribers 24 hours a day, 7 days a week. This is subject to any agreements to the contrary and technical disruptions that may impair the services.
2.6 Customer Obligations
The customer is required to provide their exact address and/or current commercial register entry and to notify Winet of any changes within two weeks. The customer is required to use Winet’s services in accordance with Swiss law and recognized Internet standards. If the customer violates the provisions set forth in this agreement, Winet may delete the user account at any time and without notice.
3. Protection Against Abuse
The account limit does not constitute a guarantee against potential misuse by third parties. It is the responsibility of the user of a telephone or telephone system to protect against misuse. Any damages resulting from misuse (fraud) are the responsibility of the user of the telephone or telephone system.
4. Prices
The current rates for IT and telephone services can be viewed at any time on Winet's website. Additional goods and services will be billed separately.
Rate adjustments do not require express notice or written notification. Winet will announce the affected destinations via RSS feed 5 days before any rate adjustments take effect. Partners and customers are responsible for subscribing to the RSS feed and keeping themselves informed about upcoming rate adjustments. Winet may implement improvements to its service offerings while maintaining current fees, as well as fee reductions, at any time.
Any agreements to the contrary must be in writing. Unless otherwise agreed in writing, goods are generally delivered cash on delivery. Winet reserves the right to sell receivables to a factoring company.
5. Billing
Winet will invoice the customer monthly for the costs incurred for myPhone services, payable within 10 days.
Invoices are made available online on the myWinet telephony platform. The customer is notified via email when the invoice is available. Upon request, an invoice can also be sent in paper form or via email. A fee of currently CHF 4.70 net is charged for mailing invoices under CHF 100.00 net. Winet reserves the right to adjust these fees at any time; any changes will be published at https://www.winet.ch/winet/Produkte/myPhone/Alle-Kosten-ueberlicken.php.
6. Payments
Payment is due 10 days after receipt of the invoice without any deductions, unless the invoice specifies a different payment term. If the customer exceeds the applicable payment term and fails to pay the purchase price even after receiving a reminder setting a deadline, the customer shall be in default and shall be obligated to pay Winet default interest at a rate of 4% (p.a.). For reminders containing a demand for payment with a specified deadline, Winet may charge the customer a flat-rate processing and expense fee. This does not preclude the assertion of further claims for damages resulting from default.
7. Account Suspension
If the account must be suspended due to outstanding payments, Winet is entitled to charge the customer a reactivation fee and convert the account to a prepaid account. In this case, the account will not be available again for incoming and outgoing calls until Winet has received payment for outstanding invoices, the reactivation fee, and the required credit balance, or until proof of payment has been provided.
8. Other Warranty Provisions
Winet assigns its warranty claims against any upstream suppliers to Winet's customers.
9. Liability
Excluded are the customer’s claims for damages arising from fault at the time of contract conclusion, breach of ancillary contractual obligations, or positive breach of contract—in particular, for consequential damages resulting from defects—unless such damages are due to willful misconduct or gross negligence on our part or on the part of our agents.
10. Privacy Policy
Winet is authorized to process data regarding the buyer that is received in connection with the business relationship—regardless of whether such data originates from the buyer or from third parties—in accordance with the Federal Data Protection Act.
11. Final Provisions
The invalidity of individual provisions shall not affect the binding nature of the contract, and such provisions shall be interpreted in accordance with their intent. Unless otherwise specified in these Terms and Conditions, the provisions of applicable law shall apply. Upon publication of these Terms and Conditions, all previous terms and conditions shall cease to be valid.
12. Governing Law and Jurisdiction
This Agreement and all amendments thereto are governed by 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 amendments thereto are governed by Swiss substantive law, excluding 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 may also bring legal action against the customer at the customer’s place of residence.
1. Scope
These General Terms and Conditions (GTC) govern the legal relationship between Winet Voicetec Solutions AG (hereinafter referred to as „Winet“) and its customers (hereinafter referred to as „Customer“) who use Winet’s services as an Internet Service Provider (ISP). The GTC serve as the basis for all other contractual provisions of Winet. The current and published GTC „VoIP Projects, myPhone, and Internet Services“ on Winet’s website are an integral part of every contract between Winet and the Customer.
Any deviations from our Terms and Conditions are effective only if we confirm them in writing. Our offers are valid for 30 days, unless a different validity period is specified. In the event of any conflicts, the contract takes precedence over the Terms and Conditions. The language of the contract is German.
2. Services Provided by Winet
Winet provides its services in accordance with the scope of services specified for each individual service. Winet provides its services with care and professionalism. Within the limits of its operational resources, Winet strives to offer its services around the clock without disruptions or interruptions; however, it does not guarantee that the products, services, and access to the services will function at all times and without interruption. Errors that significantly impair the services will be resolved as quickly as possible and to the extent necessary via remote maintenance. If the effort required to resolve the issue exceeds the usual scope (e.g., on-site troubleshooting) or if the customer is responsible for the cause of the malfunction—whether due to improper handling or hardware and software used by the customer—the cost of troubleshooting will be billed to the customer on a time-and-materials basis at current rates. The customer will be informed in a timely manner—to the extent possible—of any foreseeable service interruptions necessary for troubleshooting, performing maintenance, or expanding services. Winet is not liable for any costs incurred by the customer in dealing with third parties in order to gain access to a Winet service (e.g., dialing in via a telephone line). The services may be modified at any time if required by legal provisions, regulatory orders, or operational reasons.
3. Customer Obligations
The customer is obligated to keep all usernames and passwords received from Winet confidential. As a general rule, the customer may change their passwords at any time. The customer is responsible to Winet for any use of the services through their account and is liable for any damages resulting from misuse.
The customer agrees to take the necessary measures to ensure that no unauthorized access to third-party systems, manipulation of programs, or introduction of computer viruses occurs via the customer’s connection to the Internet or other networks.
The customer agrees to comply with international and Swiss law, as well as generally accepted rules of conduct (e.g., „netiquette“), when using Winet’s services. The customer is responsible for the content of the information that he or third parties transmit or have processed by Winet via his account, retrieve, or make available for retrieval. In particular, the following types of information may not be distributed via the customer’s account:
- Depictions of violence as defined in Article 135 of the Swiss Penal Code (StGB)
- pornographic writings, audio or visual recordings, and depictions as defined in Article 197 of the Swiss Criminal Code
- Incitement to Violence as Defined in Article 259 of the Criminal Code
- Racial Discrimination as Defined in Article 261bis of the Swiss Criminal Code
- Instructions or Incitement to Criminal Conduct
- unauthorized gambling as defined by the Lottery Act
- Information that infringes the copyrights, related rights, or other intellectual property rights of third parties.
The customer is responsible for ensuring that minors under the age of 16 or 18 do not have access to websites intended only for individuals over the age of 16 or 18. This provision is binding on both legal entities and individuals. Winet reserves the right to suspend the customer’s account with immediate effect and at the customer’s expense in the event of misuse. Misuse specifically includes failure to fulfill the customer’s contractual obligations set forth above and below (Section 4). The suspension will remain in effect until the matter in question has been clarified or the customer provides proof that the content is in fact harmless. Winet also reserves the right to suspend the services provided by Winet at the customer’s expense if the customer’s usage behavior impairs the server’s operation in any way. Winet expressly reserves the right to claim damages in any case of misuse of a service or violation of the General Terms and Conditions.
The customer also agrees to provide Winet with all of his or her personal information truthfully.
4. Email
The customer is required to regularly check the storage usage of their email account(s). The maximum mailbox size depends on the selected product. Winet assumes no responsibility for lost or missed incoming emails due to storage capacity being reached or exceeded. The contractual partner is prohibited from sending promotional emails to third parties without having been requested to do so by those parties. Should such activity come to light, Winet reserves the right to suspend the customer’s email access without prior notice until the matter has been clarified.
Sending unsolicited bulk emails (spamming, mail bombing) via Winet’s servers is prohibited. Likewise, the operation of mailing lists to an extent that could jeopardize the operational stability of our systems is strictly prohibited. Such behavior is considered a misuse of Internet access and will result in the sanctions listed above (Section 3).
5. Data Security
The customer is responsible for securing the transmitted data. Winet strives to take measures that are technically feasible, economically reasonable, and proportionate to secure this data.
6. Data Protection Risks
When using the Internet, customers face various data protection risks. In particular, data protection cannot be guaranteed when data is transmitted unencrypted. Furthermore, it must be anticipated that unencrypted emails may be read, altered, or suppressed by third parties without authorization. Encrypting and scrambling transmitted information can improve protection against unauthorized access. Firewalls can prevent or at least hinder unwanted intrusion by unauthorized third parties. It is the customer’s responsibility to take measures to improve data protection.
Due to legal requirements, such as those set forth by FINMA or BAKOM, certain data remains stored at Winet even after the contract has ended. The rules governing who may access this data are clearly defined: Use for one’s own purposes and disclosure to unauthorized third parties are expressly prohibited. Once the respective retention periods have expired, the data will be deleted.
7. Liability
Winet is liable for damage-causing events that occur on Winet’s transmission paths or on the telecommunications network of Swisscom or third parties only if the damage was caused by Winet through willful misconduct or gross negligence. Winet assumes no responsibility for damages incurred by the customer as a result of misuse of the Internet connection by third parties. This also includes damages caused by computer viruses. The respective providers are solely responsible for the availability, completeness, accuracy, and timeliness of information and services, as well as for ensuring that such information, services, and third-party rights are free from infringement; Winet assumes no liability in this regard.
The customer is solely responsible for ensuring the compatibility of the hardware and software components they use. Winet does not guarantee that Internet access will function without issues on all devices.
Winet disclaims any warranty or liability for errors in the software it distributes, as well as for the loss or unauthorized alteration of email messages. Winet is not liable for service interruptions that are necessary for troubleshooting, maintenance, infrastructure changes (switchover, etc.), or the introduction of new or different technologies.
In any case, Winet’s liability is limited to direct damages. Liability for consequential damages of any kind, in particular for lost profits, is excluded.
8. Contract Term and Renewal
Prices are based on the price list currently published on Winet’s website. The customer is obligated to pay the agreed-upon prices by the due date. If the customer is late in making payment, Winet is entitled to suspend the provision of the contractual services.
DSL contracts are subject to a minimum term of one year or two years (depending on the offer) and a three-month notice period, effective at the end of a month.
9. Prices / Payments
Prices are based on the price list currently published on Winet’s website. The customer is obligated to pay the agreed-upon prices by the due date. If the customer is late in making payment, Winet is entitled to suspend the provision of the contractual services.
10. Assignment of Rights and Obligations Under the Contract
The customer may transfer rights and obligations under this contract to a third party only with Winet’s prior written consent.
11. Governing Law and Jurisdiction
This Agreement and all amendments thereto are governed by 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 amendments thereto are governed by 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 may also bring legal action against the customer at the customer’s place of residence.