GENERAL TERMS AND CONDITIONS
1. OFFER AND CONTRACT
1.1 The present General Terms and Conditions (GTC) govern the relationship between ALPEIN Software SWISS AG, Hofwisenstrasse 12, CH-8260 Stein am Rhein (hereinafter referred to as ALPEIN), and its customers. Deviations from this contract must be in written form to be valid. ALPEIN provides the customer with an account with storage space for passwords on line.
1.2 The current offers with prices are published on the website. The customer will be informed in a timely manner if ALPEIN changes its offers and prices. The contract will continue under the old conditions and prices until the end of the next notice period. If the contract is not terminated, the contract will be transferred to the new conditions and prices of the offer which most closely corresponds to the previous contract.
1.3 The contract shall come into being when ALPEIN confirms to the customer in writing or digitally, e.g. by e-mail.
2. TERMS OF PAYMENT
2.1 The invoiced amount depends on the offer selected by the customer and the current price at the time of the contract conclusion.
2.2 The agreed price is constant over the length of the contract term chosen by the customer at the time of signing the contract.
2.3 Invoicing will be in advance for either one year (standard), three months, or six months (premium, corporate). The account will become live once the payment has been received by ALPEIN.
2.4 If the contract is not terminated, ALPEIN will invoice approximately 50 days before expiry of the contract period. This invoice is to be paid within 30 days (expiration date) without deduction or billing possibility.
2.5 If a customer is in default of payment, ALPEIN will send a reminder by e-mail. If the customer does not pay within ten days, ALPEIN reserves the right to block the account until the payment arrives. If the delay exceeds ten days, ALPEIN will terminate the contract without notice. ALPEIN reserves the right to demand compensation for such cases.
2.6 If ALPEIN terminates a service they are obligated to reimburse the prepaid amounts pro rata.
2.7 The fee for paid services is charged before these are used for the first time.
2.8 Payments are made in Swiss Francs. The customer can choose between invoicing, payment with standard credit cards or PayPal.
3. OBLIGATIONS OF ALPEIN
3.1 ALPEIN aims to provide its services as well as possible 7 days a week and 24 hours a day without interruption.
3.2 ALPEIN undertakes to keep the security of its own systems and its services up to date.
3.3 ALPEIN undertakes to carry out maintenance work, expand the services and to introduce new hardware and software outside of usual business hours. ALPEIN will inform the customer as soon as possible about foreseeable business interruptions.
3.4 In case of unforeseeable interruptions, ALPEIN informs its customers as soon as possible. ALPEIN undertakes to remedy the disruption within the scope of its possibilities.
3.5 ALPEIN undertakes to observe the rules of data protection and data security within its sphere of influence. This also applies to the employees and freelancers of ALPEIN.
4. OBLIGATIONS OF THE CUSTOMER
4.1 Customers procure the facilities they need to access the cloud (hardware, software) at their own expense. ALPEIN will advise and setup equipment on request and compensated at CHF 170.00 per hour.
4.2 The customer is obligated to provide complete and correct data for the processing of the contract and services, and to notify ALPEIN about any changes without delay. This applies in particular to address information, bank connection and e-mail address. Customers shall notify ALPEIN immediately about any changes in address and other necessary information.
4.3 Customers must secure their own system in such a way that no source of danger will be caused for others and so that the security, integrity or availability of the infrastructure used by ALPEIN for its services will not be compromised. ALPEIN may block services in whole or in part if the systems of the customer affect the security, integrity, or availability of the infrastructure. In this case, the customer will receive a reminder.
4.4 ALPEIN creates data backups on a regular basis. Restoring lost data due to the fault of the customer is charged at an hourly rate of CHF 170.00.
4.5 Customers shall change passwords on a regular basis. The customer will manage passwords and other access data carefully and keep them secret.
4.6 The customer explicitly undertakes to ensure that no illegal or unlawful criminal, civil or public-law content is present in his data. The customer notes that, in the event of prosecution, ALPEIN will cooperate fully with the authorities in accordance with the relevant legal provisions. The customer is liable to ALPEIN for any damages resulting from the violation of a contractual obligation.
5. LIABILITY PROVISIONS
5.1 Customers are aware of the fact that mistakes may happen even with careful software development and maintenance and therefore not all targets may be fully achieved by the company.
5.2 Any and all legal liability is excluded in full. The provider is expressly not liable for the negative effects that other programs may have on the computers of customers while using the cloud.
5.3 Customers may delete the data stored on the cloud irretrievably at any time. ALPEIN is not responsible for the protection of the deleted data.
6.1 The Contracting Parties shall keep all information which is neither generally known nor generally accessible confidential, in particular information on know-how and program design. In case of doubt, information should be kept confidential.
6.2 The confidentiality obligation according to section 6.1 already exists before the conclusion of the contract and continues beyond the termination of the contract as long as the relevant data have not been published.
6.3 ALPEIN undertakes not to give its employees and consultants any insight into the unpublished data of the customer. If this is necessary in exceptional cases for technical reasons, the persons concerned will be obliged to maintain appropriate secrecy.
7.1 ALPEIN supports customers during the contract period for technical questions, installation and application problems. An hourly rate of CHF 170.00 is charged for services and consultancy.
7.2 The website of ALPEIN contains information on how to deal with malfunctions. Special escalation agreements will be concluded with the customers upon request.
8.1 ALPEIN retains copyright and exploitation rights on its self deployed software.
8.2 All rights to the uploaded data remain with the customer. This authorizes ALPEIN to process data in the sense of data duplication solely for the purposes of storage.
9. CONTRACT TERMINATION
9.1 An indefinite contract may be terminated by either party by mail or letter up to 30 days before the end of the settlement period.
9.2 If a temporary contract is not terminated before the end of the contract, it is automatically extended by 12 additional months and can be terminated up to 30 days before expiry.
9.3 After termination of the contract, the data will remain on the ALPEIN systems for 30 days. After expiration of these 30 days the customer data will be deleted from all ALPEIN systems completely. It is in the interest of the customers to secure their data during and with termination of the contract in such a way that they can freely dispose of it.
9.4 ALPEIN is not obliged to actively transfer data from the customer to other systems when the contract is terminated. If this is desired by the customer, a special contract shall be concluded.
10. FINAL PROVISIONS
10.1 This contract will be governed by Swiss law, with the exclusion of possible collision standards and the UN purchase law.
10.2 The parties will endeavor to settle any difficulties arising from the implementation of this contract in an acceptable manner.
10.3 The contract will still be valid if certain points are not regulated or individual provisions of these terms and conditions are invalid. Unregulated or ineffective points shall be replaced by an agreement which is as close as possible to the requests of both parties.
10.4 Jurisdiction is the place of business of ALPEIN in Switzerland.