Terms of Service
of nextron internet team GmbH (hereinafter referred to as NEXTRON)
1. Scope
a. The present general terms and conditions (hereinafter: “GTC”) regulate the rights and obligations of nextron internet team GmbH, Reinacherstrasse 129, CH-4053 Basel (hereinafter “NEXTRON”) and its contractual partners (hereinafter “customer”).
b. Sales, delivery and provision of services only take place under the following exclusive conditions; NEXTRON does not recognize any conflicting or deviating conditions of the contractual partner unless it has expressly agreed to their validity in writing.
c. NEXTRON reserves the right to change these general terms and conditions at any time. Such changes are communicated to the customer in writing or via the information services and are considered approved if the customer does not terminate his contract with NEXTRON within 30 days of the end of the agreed time period.
2. General
a. Unless otherwise agreed, our offers are non-binding.
b. When ordering and confirming the order by the customer, NEXTRON undertakes to provide the service / delivery of the goods / creation of the work and the customer to pay for and accept the service / the goods / the work.
c. Unless otherwise stated in writing, NEXTRON can call in third-party providers and sub-suppliers to fulfill the contract.
d. Unless otherwise agreed for works, intellectual property and copyright remain with NEXTRON.
3. Prices, terms of payment, retention of title
a. All our prices are in Swiss Francs and exclusive of VAT, unless otherwise noted.
b. Price changes by NEXTRON suppliers are reserved in any case and can be passed on to the buyer.
c. Invoices are due for payment within 20 days, strictly net.
d. All products delivered by NEXTRON remain the property of NEXTRON until they have been paid for in full by the customer. If delivery against invoice is agreed, NEXTRON can have the goods entered in the retention of title register at the expense of the purchaser.
e. For contracts with a volume of more than CHF 5,000, a deposit of 1/3 of the final or estimated volume is due with the order confirmation. The delivery of a bank guarantee or similar security means relieves the obligation to pay a deposit.
4. Warranty
a. Was:
Unless otherwise agreed, a guarantee of 24 months from the invoice date applies to all NEXTRON products, provided that the customer or third parties have not intervened and the goods have been used as intended. Warranty services are provided at the headquarters of NEXTRON or its suppliers.
aa. Requirements for the provision of warranties:
Warranty services are only provided if:
- the item was transported in the original or equivalent packaging
- a proper description of the error is included
- was reprimanded in time
away. Type of guarantee
Unless otherwise stipulated, NEXTRON can choose to meet your obligation as follows:
- by repairing the delivered goods
- by replacing the defective goods
- through a price reduction corresponding to the reduced value
b. Factories:
The customer is obliged to check the quality of the work immediately, at the latest within two weeks of receipt of the work, and to notify NEXTRON of any defects. After the period has expired, the work is deemed to have been properly performed and the customer can no longer assert any warranty claims.
Defects are repaired free of charge or a price reduction is granted corresponding to the reduced value of the work. Any claims for damages can only be asserted in the event of intent or gross negligence.
c. Repair orders:
If a data carrier (hard drive, floppy disk, magnetic tape etc.) or a complete PC is handed over to NEXTRON or its supplier for repairs, the customer bears full responsibility for ensuring that the data is properly backed up before the item is handed over. NEXTRON cannot be held liable for any loss of data. Attention: Hard disks (individually or in PCs) are partially formatted when the repairs are received by our suppliers.
d. Free services
As far as NEXTRON provides free services, these can be discontinued at any time and without prior notice. The customer has no claims for compensation against NEXTRON.
5. Default in Payment
a. If the customer is in default of payment:
- NEXTRON reserves the right to provide future services only against prepayment or cash on delivery.
- so he has to pay NEXTRON default interest of 8% pa and reminder fees.
b. The customer cannot counter NEXTRON with the defense of offsetting due to improper fulfillment or other allegedly existing counterclaims.
c. If payment is not made, NEXTRON has the right to interrupt the service or restore the original condition until the payment has been received.
6. Supplementary provisions for Internet and telecommunications services
a. NEXTRON's server and dial-up services are generally electronically accessible to the customer 24 hours a day, 7 days a week. Interruptions due to maintenance, expansion and relocation work are reserved. In the event of a failure of the internet infrastructure, which nextron is responsible for, does not affect maintenance, expansion or relocation work and lasts longer than one day, the customer will receive a pro-rata credit for the next contract period on request. In the event of a complete or partial failure of the internet infrastructure for which nextron is not responsible, any liability on the part of nextron is excluded.
b. For security reasons, NEXTRON only provides the customer with access to his data via FTP if required.
c. NEXTRON assumes no liability for data loss, ie each customer is responsible for data backups. NEXTRON periodically creates a backup copy of all data on the servers. However, this is not a guarantee of data recovery in the event of loss. When transferring storage media to NEXTRON, a backup copy of the data carrier must be made beforehand.
d. If the customer makes use of the services of third parties through the use of NEXTRON services, he is responsible for compliance with their provisions.
e. Unless otherwise agreed, the customer receives a right to use the NEXTRON services that cannot be transferred to another person. Making NEXTRON services available to unauthorized third parties is prohibited. In particular, "login names" and "passwords" entrusted to the customer are to be treated confidentially and may not be passed on without the written consent of NEXTRON. Furthermore, the customer is not permitted to sublet or sell the Internet services acquired from NEXTRON in any form without the written consent of NEXTRON.
f. Information that is only intended for adults under Swiss law is indirectly accessible via NEXTRON's internet services. In the case of underage customers, the signature of the legal representative is required to conclude the contract.
G. The user of NEXTRON services undertakes that all information published, disseminated or made available for retrieval by him or under his name complies with Swiss law and that no third party property rights are infringed. Furthermore, he undertakes to comply with all other statutory provisions when using NEXTRON services, in particular the provisions on data protection.
H. The “fair use policy” applies to the use of the infrastructure, ie the customer is concerned that the scripts and programs used on the nextron servers are not flawed or that they are so extensive that nextron can provide the services and thus other customers could also be disturbed; Likewise, the customer should not use the nextron services to search networks for open ports of third-party computer systems, by configuring server services (such as proxy, news-, mail and web server services) to cause unintentional replication of data (dupes, mail relaying), mail and news headers and IP addresses.
It is not permitted to operate the following Internet services on NEXTRON's servers or on your own server on NEXTRON's premises without the special consent of NEXTRON: news servers, game servers, IRC chat servers, FTP sites, mirror sites & TOR gateways.
Sending mass mailings (spam, unsolicited mails, mail bombs), regardless of the content, is strictly forbidden for the customer. The only exceptions are mailing lists with registered users who have expressly given their consent to receive these mails. Disregard of this provision leads to immediate termination of the account.
The customer is obliged not to use nextron's services to damage or harass third parties, in particular not to penetrate other systems or to spread viruses without authorization.
Should the infrastructure as listed above be influenced by the behavior of the customer, nextron reserves the right to bring the service to a trouble-free level, to dissolve the contract immediately and, if necessary, to claim compensation.
i. The customer's software and hardware entrusted to NEXTRON, which are to be connected to the Internet on the NEXTRON premises, are subjected to a safety test. In the event of security deficiencies, individual or entire software and hardware components can be rejected.
j. Physical access to the customer's facilities located on the NEXTRON premises is possible after prior notification during business hours (Mon - Fri 08:30 am - 12:00 pm, 1:30 pm - 4:00 pm).
k. NEXTRON reserves the right to demand full access to the customer's facilities located on the NEXTRON premises.
l. If required, NEXTRON offers its customers a virus protection program for incoming e-mails. This program is an external product, which is why NEXTRON accepts no liability for failed protection.
7. Liability
a. There are no further legal claims of the customer than those mentioned in paragraphs 4 and 6. Any further liability is excluded; in particular, there is no liability for direct or indirect, indirect or direct damage resulting from the use, failure or failure of the goods delivered and services provided by NEXTRON.
b. The user is obliged to know about violations according to points 6.ff. to notify NEXTRON immediately.
c. NEXTRON rejects any liability for items 6 et seq. damage caused. Should the NEXTRON be affected by violations according to points 6.ff. If damage of any kind occurs (including possibly lost profit, damage to reputation, court costs, etc.), NEXTRON reserves the right to take legal action against the person responsible.
d. NEXTRON assumes no liability for direct or indirect damage to the customer as a result of force majeure (e.g. earthquake, fire, etc.), third party negligence (e.g. power failure, failure of communication networks, burglary, theft, vandalism, hacking & DDOS attacks, etc.), self-negligence of the Customers or other causes beyond nextron's sphere of influence (e.g. official orders, strikes, etc.). NEXTRON also assumes no liability for software and hardware entrusted to it, ie the customer is obliged to seek appropriate insurance protection.
8. Duration of contracts & termination
a. Work contract
If the customer withdraws from the contract:
- as long as the work is unfinished, it must remunerate NEXTRON for the work that has already been done;
- as long as the work has not yet started, a flat rate of 30% of the contract volume will be invoiced;
The customer can withdraw from the contract at any time against full indemnification for NEXTRON.
b. Periodic services
Unless otherwise agreed, a contract for recurring services is automatically extended at the end of a contract period for a further originally agreed period of time. Each contracting party has the right to terminate the current contract in writing with one month's notice to the end of the agreed period.
c. In the event of violations according to points 6.ff. NEXTRON reserves the right to terminate the contract with the customer responsible without notice. Services already paid for by the customer will not be refunded.
9. Place of jurisdiction / applicable law / miscellaneous
a. Place of jurisdiction
The place of jurisdiction for all disputes with NEXTRON is the canton of Basel-Stadt.
b. Applicable Law
The Swiss Code of Obligations (OR) applies. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (“Vienna Sales Law”) does not apply.
c. miscellaneous
Should parts of these terms and conditions be void or legally ineffective, this shall not affect the remaining provisions. Invalid or legally ineffective provisions should be replaced by legally effective ones in such a way that their economic effects come as close as legally possible to those of the ineffective ones.
15th July, 2016
Replaces all previous terms and conditions.
nextron internet team GmbH
Reinacherstrasse 129
4053 Basel