Terms and Conditions

Terms and Conditions (GTC)

1.        Scope
These
business conditions regulate the legal relationship between webkeeper
LLC (hereinafter webkeeper) and the customer, who uses the services of
webkeeper.
 
2.        Contract
The
contract for the use of services and offers from webkeeper is concluded
by submitting the online form and takes effect immediately.
In the case of false information in the order the customer is liable
for any related damages, penalties, or fines. In addition, webkeeper can
refuse an order without giving reasons.
 
3.         Products and prices

Binding and applicable are exclusively the published offers and
products on the website of webkeeper. webkeeper reserves the right to
modify an offer at any time without previous notice. Such changes, if
not stated otherwise, become in each case immediately effective. The
customer is solely responsible to inform themselves about such
innovations and changes.
 
Binding and applicable are
exclusively the published prices on the website of webkeeper. webkeeper
reserves the right to modify any price at any time without previous
notice. Such changes, if not stated otherwise, become in each case
immediately effective. The customer is solely responsible to inform
themselves about such innovations and changes. For existing accounts
such changes become effective only at a possible extension of the
contract, be it for advantage or disadvantage of the client.
 
4.         Domain Reservation

On request, webkeeper will applicate, after conclusion of the contract,
for the desired domain name at SWITCH or the relevant registrar.
webkeeper can not guarantee that the desired domain name gets actually
allocated from the registry to the customer. If a requested domain name
is already assigned and can not be registered, the customer can select a
different domain name. After a successful domain registration, a change
of the domain name is no longer possible. For all domain names
registered through webkeeper, the customer is registered as the owner
and therefore free to switch to another provider at any time as long as
there are no outstanding accounts.

Domain registrations are free of charge and done by webkeeper on behalf of the customer.
All domain names that are billed by webkeeper are invoiced according to the published prices.

5.         Terms of payment

New accounts will be established immediately. The invoice needs to be paid within 20 days.
Webkeeper
will send the invoice for the following contract period to the customer
one month before the expiry date of the contract. This invoice has to
be paid until the date which is written on the letter/e-mail.
Webkeeper
reserves the right to charge its customer the following dunning charge
if an invoice has not been paid within the given period of time:
- payment reminder: free
- first reminder: free
- second reminder: CHF 15.00
- third reminder: CHF 30.00
The dispatch of the reminder is handled (regardless of the selected shipping method) as following:
Customer address within Switzerland:
- electronically through e-mail
- from the first reminder onwards additionally through postal service
Customer address outside of Switzerland:
- electronically through e-mail
Webkeeper
reserves the right to hand over demands, which are delayed, to a debt
collection agency. The customer is obliged to pay all the resulting
expenses.
By getting the third reminder, the account can be
deactivated immediately. For a reactivation, webkeeper may require a fee
of CHF 50.00.
If webkeeper finds out that the customer will not pay
current invoices within time due to any reasons, webkeeper keeps the
right to terminate or cancel all contracts instantly without any
compensation as well as suspend each service and delete all data stored
on the server without the necessity of telling the customer.
 
6.         Contract period and Termination

The contract will, unless otherwise agreed, concluded for a period of
one year. If the customer has not withdrawn until 30 days before the
contract expires, the contract is automatically extended for 1 year. The
notice must be sent in writing to the address published on the web,
cancellations by e-mail are not accepted. Webkeeper reserves the right
to terminate a contract at any time without prior notice.

Regardless of the contract period the customer has no general right to reclaim amounts paid in advance.

7.         Scope of service
Webkeeper ensures
that all services included in the offer (according to the product
descriptions on the website) can be utilized during the contract period.

Webkeeper can change at any time the scope of services if certain
products and options affect the quality or stability of the
infrastructure.

8.        Customer responsibilities
The
customer shall ensure that the services and products for which he (or
others on his account) has signed a contract with webkeeper be used
lawfully and according to our terms and condition. The product 'Web
hosting' is intended for personal use, the vast majority of managed
domains must therefore be in possession of the customer. webkeeper
prohibits erotic or pornographic, racist, sexist as well as law and
copyright-infringing content. Please note that so-called Adult sites and
references, or even banner ads on such content are not excluded from
this restriction. Regarding violations of laws infringing content is
Swiss and international law meant.
 
Furthermore forbidden:
spamming, trolling, mail bombing, download archives, too heavily driven
mailing lists, the storage of game emulators or ROMs, IRC bots and other
programs or activities that cause an excessive load on the system
resources.

Violations of prohibited content may result in an immediate
cancellation of the account without previous notice. The customer is
liable for any damages relating to the violation, penalties or fines.
 
9.         Data Backup

The customer is responsible to backup his own data created during the
use of his account. In case of data loss, the customer is obliged to
restore their own safety copies. Although webkeeper creates regular
backups, the use of these can neither be requested nor guaranteed. If
webkeeper makes a recovery of lost data, an appropriate allowance may be
charged. webkeeper can not be held responsible for loss or deletion of
data.
 
10.         Responsibility and liability

webkeeper takes no responsibility regarding the data and actions that
the customer saves or publishes through the use of his account. The
responsibility lies solely with the customer. If the customer passes on
his account, or parts thereof to third parties, whether against payment
or free of charge, he is liable automatically for them.
 

webkeeper aims to inform customers about planned maintenance or other
planned service interruptions in advance. However webkeeper can not be
prosecuted for business interruptions, particularly but not exclusively
due to maintenance, troubleshooting or so-called force majeure, etc.
webkeeper disclaims all liability for related damages, penalties, fines,
claims for damages, lost profits or contracts and any other claims.

11.         Final Provisions
The terms and conditions are subject to Swiss law and the jurisdiction is Uster.

Should any provision be void, voidable or unenforceable under any
applicable law, such void, voidable or unenforceable provision shall not
affect or invalidate any other provision of the contract. Any such
ineffective regulation is to be replaced with equivalent, legally
enforceable and valid regulation.

webkeeper GmbH · Industriestrasse 4b · 8604 Volketswil ·
Telefon +41 (0)44 500 81 11 · Telefax +41 (0)44 500 81 12
http://www.webkeeper.ch ·
info@webkeeper.ch

© 2019 webkeeper.ch

Made with in Switzerland