Terms of Service
Terms of contract
1.1 Purpose - The General Terms and Conditions (hereinafter referred to as GTC) serve as the legal basis for the duration of the contractual relationship between Bexeo and the customer (for the sake of simplicity, the female form is not mentioned) who orders a product or service offered by Bexeo . The terms and conditions are subject to Swiss law with Bexeo’s registered office as the exclusive place of jurisdiction.
1.2 Start - The contractual relationship comes into being when Bexeo accepts the order or starts it up on the basis of the order placed by the customer. Depending on the product, the order can be submitted by phone, email, online form or signed document, or by means of a service. The first date of the events mentioned is the start of the subscription or contract. Bexeo reserves the right to refuse an order without giving reasons.
1.3 Duration - The first contract period is determined by the customer himself when placing the order under the given selection. After this contract period has expired, the subscription or contract (hereinafter referred to as the contract) is automatically extended by the same period, unless at least 90 days before it expires there is a termination on the part of a contracting party. If the customer changes a product to another supplier, all services in connection with this product are switched off. With the move to another provider, all claims to the services of Bexeo expire. With the cancellation of a subscription, all associated support and update services expire. The contract, however, only expires after the notice period has expired.
1.4 Components - In addition to the terms and conditions, the conditions of use at www.bexeo.com/de/agb/ are an integral part of the contract. Options are considered to be an extension of an active contract, with the termination of such a contract the entitlement to the option in question expires. Options can have their own terms or be linked to the existing contract. When using third-party services such as domain name service, online and offline advertising, printed matter and lettering, hosting and e-mail, the guidelines of the respective third party also apply. If third parties demand a fee and this is not included in the Bexeo offers, this fee must be borne by the customer alone.
1.5 Deviations - agreements that partially differ from or supplement these terms and conditions are only valid on the basis of a document confirmed by both parties and have no influence on the applicability of the remaining provisions.
Payment terms
2.1 Prices - The contractually agreed prices apply. Where no explicit prices have been set, the prices published at www.bexeo.com apply primarily or the hourly rate of CHF 169.00 applies secondarily. All prices are given in Swiss francs excluding VAT. Any discounts are discounts and only apply if payment is made on time. The subscription prices are due in advance and generally billed annually, for online marketing per quarter. Bexeo reserves the right to adjust prices at any time due to changed circumstances. Such changes are only valid for existing contracts when they are extended, be it to the advantage or disadvantage of the customer. The reimbursement of prepaid costs is excluded in such a case or in the event of early termination of the contract at the customer's request.
2.2 Expenses - Travel expenses within the specified exemption limit are included in the prices. Travel expenses beyond the exemption limit and telephone expenses are billed as an effective hourly expense without additional km compensation or fee compensation. Unless expressly agreed otherwise, all personal expenses of Bexeo employees are included in the prices. Expenses for permits, postage and packaging are billed separately.
2.3 Payment deadline - Unless special payment deadlines have been agreed, 30 days net from the invoice date applies to existing customers with invoices that are always paid on time. All other customers pay in advance. If the contract is extended, the following period will be invoiced as soon as the notice period has expired.
2.4 Offsetting - If the customer does not pay on time, he will be in default without a reminder. The offsetting of claims by the customer is excluded. If the customer has neither paid the invoice by the due date, nor raised objections in writing and with justified reasons, Bexeo may interrupt the provision of all services without further notice and / or terminate the contract without notice and without compensation.
Bexeo's rights and obligations
3.1 Services - Bexeo is responsible for the provision of services in accordance with the offer claimed by the customer, the product description of which is published in the offer or at www.Bexeo.ch. Bexeo is free in all matters regarding the type of environment required for these services, for example domestic and foreign companies or third parties can be involved. Changes to this are also to be made at the discretion of Bexeo.
3.2 Image material - If image material is missing, Bexeo can purchase suitable image material from third parties at the customer's request and expense, whereby the image material is limited to the specific purpose and to the customer's company unless otherwise stated (1 license). Under no circumstances may these images be passed on to third parties. The same applies to fonts and other proprietary rights protected by licensing.
3.3 Specimen copies & references - Bexeo may keep an appropriate number of sample copies (usually 5) of printed matter and use and publish them as evidence of performance. Bexeo may also publish unprinted material and general key data on the project as a reference. Bexeo is also entitled to set a link to the Bexeo website as well as a counter link on all customer websites. At the express written request of the customer, it can be omitted as a reference or link.
3.4 Copyright - The copyrights and related rights in all works created by Bexeo belong to Bexeo. Bexeo can dispose of these rights in accordance with federal law provisions.
3.5 Right of ownership - Bexeo retains ownership of all movable property services until payment has been made in full.
3.6 Adjustments - Bexeo reserves the right to adjust the terms and conditions, other parts of the contract in accordance with section 1.4 or an offer or individual parts thereof at any time without notice to changing circumstances. Unless otherwise announced, such changes will take effect immediately. In this regard, reference is made to section 4.9.
3.7 Discontinuation of performance - If the customer fails to comply with an obligation in accordance with Section 4 - be it intentionally, unknowingly or through third party responsibility - Bexeo is entitled to immediately block or remove the relevant account, server, service, content, program, etc. By remedying the deficiency, the customer can, if necessary, free himself from the respective sanction taken. In the event of a serious or repeated breach of an obligation, Bexeo reserves the right to terminate the contract without notice and without compensation, as well as to take legal action against the customer.
3.8 Notifications - Bexeo is entitled to send all notifications to the customer by e-mail, including but not limited to announcements about product updates or technical maintenance work, invoices, payment reminders, setup or cancellation confirmations, lost access data, etc. If Bexeo has a contact address, which is no longer valid since the customer's order, Bexeo is responsible for additional queries of entries (administration interface provided by Bexeo, public WHOIS database for domain names, etc.), with which the contact address can be assigned as clearly authorized , entitled.
3.9 Early termination of the contract - If the customer wishes to terminate the contract early despite a valid contract and if cooperation is no longer possible due to a lack of customer support, Bexeo can voluntarily agree to the early termination of the contract in exchange for compensation. Bexeo can either invoice the actual expenditure or, in particular in the case of fixed prices without detailed hourly billing, demand lump-sum compensation. The lump-sum compensation of the original order volume is 50% up to the start of the project, 75% in the first month from the start of the project and 100% thereafter. Each order execution by Bexeo counts as the start of a project.
Customer rights and obligations
4.1 Cooperation - The customer undertakes to help and to adhere to fixed deadlines so that Bexeo can optimally provide the desired services. Unless there is a different project schedule, a maximum project duration of 3 months is provided for orders up to CHF 10,000, otherwise the services can be invoiced and a 10% surcharge for the additional work can be charged for each additional month. The same applies mutatis mutandis to orders over CHF 10,000 for a maximum project duration of 6 months.
4.2 Third party rights - The customer is solely responsible for the legal admissibility of the domain name and the content of his internet pages and printed matter as well as for the data and information supplied by him (design work, texts, electronic data, image data, etc.) including the search terms, the same applies for the protection of the rights of third parties, in particular with regard to copyright, competition law and criminal law.
4.3 Good for printing - The customer is obliged to check all control documents for errors of any kind and to return them immediately with any correction information. With the good for printing, the customer releases printed matter or other production information and thereby agrees to the submission or implementation.
4.4 Notification of defects - The services and products provided by Bexeo must be checked by the customer immediately upon receipt. If the customer wants productions that are as flawless as possible, high-quality and therefore more expensive processes with certain guarantees should be selected. In the case of color reproductions, trimming, folding and finishing in all manufacturing processes, minor deviations from the original or template cannot be objected to, especially not if third parties such as printing companies also exclude such deviations from the complaint for technical or price reasons. The same applies mutatis mutandis to the materials and production processes used. Any complaints must be made in writing immediately, at the latest within 8 days.
4.5 Delays - delivery dates are generally to be regarded as non-binding. The dates mentioned correspond to the respective planning status. In the event of non-compliance, Bexeo must be set a reasonable grace period. Bexeo assumes no responsibility for any delays that may arise, in particular if these were caused by third parties such as printing companies or by changes made at the customer's request. In relation to the consumer, Bexeo is liable according to Swiss law, but not for immaterial damage or loss of income. Bexeo is not liable in cases of force majeure.
4.6 Search engine placements - Bexeo does not guarantee the customer the success of the measures taken. The position of a website in search engines depends on numerous factors over which Bexeo has no influence, so that Bexeo’s services alone do not have to lead to success.
4.7 Browser compatibility - Bexeo provides web services on the basis of modern and common technologies. Depending on the web browser and operating system used, however, the display may differ. For technology with a market share in Switzerland of less than 5% as well as outdated operating systems and browser versions, no compatibility guarantee is given. Mobile devices such as smartphones and tablets usually have smaller screens, with formats and resolutions being very different. Unless otherwise agreed, the presentation of websites is based on a common standard width.
4.8 Server Setup - Unless otherwise stated, Bexeo sets up domain names and servers with the basic settings for a new Bexeo website, whereby the customer does not have direct access to the server administration and configuration. Installation on third party web servers is not included in the basic price, as these servers do not necessarily have the necessary specifications. The Bexeo e-mail service can be used as web access via a browser with the existing user interface or via the POP or IMAP protocol as a download or integration for Outlook, smartphones or other programs and devices. A move of an already existing hosting, an e-mail account or other services related to domain names and hosting must be explicitly requested by the customer, otherwise such services will be interrupted.
4.9 Special termination - The customer has the right to terminate the contract without notice with the right to a proportionate reimbursement of prepaid costs for the remaining duration of the contract, provided that a disadvantage arises due to a change in accordance with section 3.6 that would have prevented him from concluding the contract at the time of the order, which the customer has to prove credibly.
4.10 Payment - The customer is obliged to pay the costs for the entire duration of the contract in compliance with Section 2. In the event of default in payment, a reminder fee of CHF 20 per reminder letter as well as default interest of 15% of the outstanding amount is due from the invoice date. The reminder will be sent every 10 days before further steps are taken. Bexeo reserves the right to transfer the item to a third party for collection purposes. In the event of repeated default in payment and unsuccessful reminders, or in the event of default in payment by new customers, Bexeo is entitled to block access or interrupt services. A reactivation takes place only after full receipt of payment, plus a processing fee of CHF 100.-.
4.11 Additional work - work that does not fall within Bexeo’s area of responsibility or the respective product's catalog of services can be rejected by Bexeo or the customer can be billed according to the amount of work involved. Examples of such a chargeable service, usually at an hourly rate, include Service enhancements, restoring a homepage administered by the customer and changed undesirably, e-mail support with regard to interfaces and external systems or installations and adjustments on third-party web servers. The processing fee for domain transactions is at least CHF 20 per transaction.
4.12 Extended usage rights and raw data - In principle, the customer has the usage rights agreed in the order. In the case of photo shoots in particular, a number of selected photos including image processing or image preparation for a specific purpose is common. Extended usage rights can be acquired for a small surcharge, with additional image processing or image preparation being billed separately. The delivery of raw data is not provided and may be billed additionally.
4.13 Limit values - For products with limit values (traffic, number of pages, number of email addresses, etc.), the customer will be charged for the additional volume according to the published price if the respective limit value is exceeded.
4.14 Use - The customer is obliged to use the services offered to him properly in compliance with Section 1.4. The customer's right to use the services is not transferable and exists only for the customer or his company and employees. If certain rights of use are passed on, the customer is responsible for informing the respective third party and is fundamentally liable for them as well.
4.15 Restriction - It is generally prohibited to operate or directly or indirectly promote so-called adult and download sites or content, IRC services (including bots, bouncers, etc.), file sharing services (peer-to-peer etc.) or potentially illegal or offensive content. Furthermore, the customer waives the execution of programs or scripts or the operation of sites that impair the system resources to the detriment of other customers. Furthermore, the customer is obliged to adhere to the upper memory limit.
4.16 Liability - The customer is solely and exclusively liable for all content, links and actions associated with the account, server and printed matter used by him. Bexeo GmbH assumes no liability for direct or indirect damage due to technical problems, server failure, data loss, transmission errors or other reasons, and Bexeo GmbH is in no way liable for lost profit, indirect damage and consequential damage. Bexeo GmbH does not assume any costs for the provision of services by third parties. Bexeo GmbH is also not liable for impairment of functionality or damage caused by third-party programs used.
4.17 Contact addresses - By registering, the customer undertakes to provide correct and complete information. If available, this includes the company, contact person, postal address, telephone number and email address. In the event of important changes, the customer is obliged to notify Bexeo within 10 days in order to avoid difficulties in establishing contact and delays. If the contact details turn out to be incomplete, incorrect or out of date and the identity of the customer can only be determined with disproportionate effort or if messages to the customer cannot be delivered, Bexeo is entitled to stop providing its services or to terminate the contract in due time to terminate extraordinarily without compensation. Bexeo is also entitled to bill the customer for any costs that arise due to outdated, incomplete or incorrect contact data, whereby the minimum fee is CHF 20.
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4.18 Data protection - The customer is responsible for maintaining the confidentiality of the website and the associated password. He is also responsible for all processes that are caused by the fact that the customer has given visitors access to his website or has passed on the password and in this case is liable for all consequences of the use or misuse of his website or password. The customer agrees that personal data can be stored and, if necessary, transmitted to third parties. These apply in particular to the transmission of data that is necessary for the registration of domain names, whereby this data can then be published.
TERMS OF USE
purpose
1.1 Quality of service - The terms of use mainly serve to protect Bexeo's operating environment so that its service quality is not impaired in the interests of the majority of customers. Customers who pass on their server or account or parts thereof to third parties are obliged to inform them accordingly and are also liable to Bexeo for them.
Prohibitions
2.1 Legal infringement - All data, content and activities as well as the promotion of these or participation in such that violate Swiss law are prohibited. This includes, among other things, the publication or distribution of data protected by copyright or distribution law.
2.2 Racism - The publication or distribution of racist content or backgrounds is not permitted. Bexeo is entitled to determine its definition in ambiguous cases.
2.3 Abuse - Activities such as promoting or participating in those that are considered unwelcome according to the generally known Internet rules of conduct (Netiquette / RFC1855) are not permitted. This includes, among other things, the (multiple) unsolicited distribution of undesired messages (spam, UCE, etc.) as well as attacks against other systems connected to the Internet (DDoS attack, spoofing, etc.). Bexeo is entitled to determine the definition of netiquette or its components. Furthermore, the customer waives excessive bandwidth consumption, i.e. if the available network resources are impaired to the detriment of other customers.
Violation
3.1 Definition - Any non-observance or immorality of a prohibition mentioned under item 2 is considered a violation, be it intentionally, unknowingly or through third-party responsibility. This can be detected by checking reports or complaints from third parties or - depending on the case - conspicuous signs in Bexeos system check mechanisms.
3.2 Consequence - The decisive factor here is how serious it is in Bexeo’s opinion and, in the event of any punishment, the corresponding proportionality should come into effect. In any case and at a minimum, the customer will be warned. In the event of serious or multiple violations, Bexeo reserves the right to terminate a contract or subscription without notice or to temporarily block the content, service, account or server concerned.