Legal Documents

Scope

These General Terms and Conditions (the “GTC”) govern the legal relationship between MaxiNetwork Sàrl (“MaxiHoster”) and its customers (the “Customer”). They apply to all services and products offered by MaxiHoster for the entire duration of their use by the Customer.

MaxiNetwork Sàrl, Z.I. du Vivier 22, 1690 Villaz-St-Pierre, Switzerland. Phone +41 58 521 32 01. Email: support@maxihoster.com. Business ID / VAT: CHE-279.059.247.

The GTC are incorporated into the online ordering process. By confirming the relevant field, the Customer accepts the GTC unchanged and in full. The GTC form an integral part of the contract concluded with the Customer.

Range of services

MaxiHoster provides its Customers with the services and products described on www.maxihoster.com. The Customer selects the services available at the time of use. The applicable terms are published on MaxiHoster’s website or set out in the Customer’s individual offer.

MaxiHoster may modify its range of services at any time. If a change results in higher prices or substantial restrictions to the Customer’s detriment during the contract term, MaxiHoster will inform the affected Customer in writing or by email.

For hosting, MaxiHoster provides storage space, server services and an Internet-connected infrastructure. Services are based on average resource usage. If usage by the Customer, third parties or visitors to the Customer’s website impairs the operation of the services, MaxiHoster may temporarily restrict or block access and will inform the Customer where possible.

Unless otherwise agreed, hosting services are intended for the Customer’s own use. Applications, additional services and third-party services may be subject to their own licence, general and usage terms, which the Customer accepts when using them.

Domain names

MaxiHoster administers domain names to the extent covered by the services ordered by the Customer. At the Customer’s request, MaxiHoster may register domains, transfer existing domains for administration by MaxiHoster, or transfer a domain to a third party.

The Customer acknowledges that MaxiHoster may act as an intermediary with registries, registrars and ICANN. MaxiHoster cannot guarantee that a requested domain name will actually be allocated or that it is free of third-party rights. Once registered, a domain name cannot generally be replaced.

The Customer remains responsible to MaxiHoster for the use of the domain name. The Customer guarantees that registration, transfer and use are lawful and do not infringe third-party rights. Fees for registration, renewal, transfer or restoration may be charged directly to the Customer account. If the balance is insufficient, MaxiHoster may refuse the service; for renewals, this may result in the loss of the domain name.

MaxiHoster may block, refuse or reverse domain transfers where required by court or authority orders, disputes, suspected abuse, insufficient evidence or registry rules.

Maintenance, security and third parties

MaxiHoster may use third parties at any time to provide its services. Maintenance work, security updates and system changes may cause temporary interruptions. MaxiHoster endeavours to keep such interruptions short and, where possible, to inform affected Customers in advance.

General obligations

The Customer may use the purchased services and products in accordance with the contract and applicable law. The Customer undertakes to comply with these GTC and MaxiHoster’s instructions, in particular regarding maintenance, updates and removal of software.

If the Customer makes services or products available to third parties, the Customer remains MaxiHoster’s sole contractual partner and is responsible for its own conduct and for the conduct of such third parties. The Customer must ensure that those third parties are aware of and accept the GTC.

The Customer keeps applications, scripts and software technically up to date, maintains them regularly and removes unused components. The Customer complies with the storage and resource limits defined by MaxiHoster and immediately reports faults, security issues or abusive use.

The Customer always provides truthful, complete and up-to-date information, including name, company, address, email, telephone number and technical contacts.

Security, data and content

The Customer is responsible for protecting its data and credentials. Passwords must be treated confidentially, renewed regularly and protected against unauthorised access. The Customer must correctly log out of my.maxihoster.com at the end of each session.

Unless otherwise agreed, the Customer is solely responsible for backing up its data. MaxiHoster recommends regular backups.

The Customer is solely responsible for content, data, programs, images, sounds, videos and other files that it transmits, stores, publishes or links through MaxiHoster. MaxiHoster is not required to proactively monitor Customer content.

Prohibited conduct

The Customer and persons under the Customer’s supervision must comply with Swiss and foreign law. In particular, criminal offences, fraud, computer crime, money laundering, breach of professional or business secrets, document forgery, unauthorised gambling, unfair competition violations, unlawful content, infringement of copyright, trademark, personality or data protection rights, and spam are prohibited.

Unauthorised access to systems, scanning without consent, bypassing security measures, sniffing, flooding, manipulation of network packets and any action that endangers the security or stability of MaxiHoster’s systems or those of its customers are also prohibited.

The Customer must take appropriate preventive measures and immediately inform MaxiHoster of any suspected prohibited conduct. The Customer fully indemnifies MaxiHoster for claims, costs and damages arising from prohibited conduct.

Prohibited or approval-only applications

Resource-intensive applications, scripts or usage that may impair normal operation or security may only be installed or run with MaxiHoster’s prior written approval. Prohibited applications include peer-to-peer software, download archives, network scanners, bruteforce tools, excessively resource-intensive processes, VoIP software on hosting systems, services with incoming network connections such as IRC bots or BitTorrent services, and browser games. This list is not exhaustive.

Payment obligation

The Customer’s payment obligation begins when the contract is concluded or when the ordered services are used. For domain services, it begins when registration is confirmed or access data is provided.

Invoices are generally sent by email to the address specified by the Customer and are usually payable in advance. In the event of late payment, MaxiHoster may send reminders, suspend services and, after the applicable deadlines, terminate or delete products. MaxiHoster is not liable for damage resulting from a justified suspension or deletion.

The Customer may load prepaid credit on my.maxihoster.com. When paying by prepaid credit, the Customer must ensure that sufficient credit is available. Remaining balances are refunded only according to the applicable rules; small residual amounts may lapse.

For third-party payment methods, such as debit or credit cards, Payrexx, Twint or payment applications, the terms of the relevant issuer also apply. MaxiHoster may refuse a payment method without giving reasons. Set-off of reciprocal claims is excluded.

MaxiHoster warranty

MaxiHoster endeavours to provide its services without disruption within the limits of its operational resources. However, MaxiHoster does not guarantee uninterrupted availability of websites, services, telecommunications networks, data transmissions, domain names, third-party applications or economic results.

The Customer must immediately report defects, faults or abusive use in writing and assist with analysis and resolution. MaxiHoster must be granted a reasonable additional period of at least 30 days. If a problem is caused by the Customer’s conduct, third parties or Customer equipment, the Customer bears the costs of analysis and resolution.

Liability

MaxiHoster is liable only for direct damage demonstrably caused by its own unlawful and culpable conduct. To the extent permitted by law, all liability for indirect damage, consequential damage, loss of profit, data loss, interruptions, third-party claims or force majeure is excluded.

The Customer is liable for damage, costs and claims arising from non-contractual use, unlawful content, security breaches, incorrect information or the conduct of third parties appointed by the Customer.

Personal data

MaxiNetwork takes appropriate technical and organisational measures to prevent unauthorised access to, alteration of or disclosure of Customer data. Customer data is treated confidentially, is not sold and is not disclosed to third parties except where required by law, court order or a legitimate complaint.

For Customers subject to the Swiss Financial Institutions Act and its ordinance, MaxiNetwork Sàrl will inform the Customer in advance in the event of partial or full sub-delegation of tasks to a third-party provider, where necessary for the Customer to comply with obligations towards FINMA. Any monitoring or audit concerns only the data of the Customer concerned.

Employees of MaxiNetwork Sàrl are bound by professional secrecy and treat information entrusted to them as strictly confidential. MaxiNetwork never asks for passwords by telephone or email. Telephone communications with support may be recorded to improve service quality.

Changes, transfer, governing law and jurisdiction

MaxiHoster may amend contractual provisions, including these GTC, at any time. The latest version is published on the website and enters into force upon publication. Price changes generally apply only to the next contractual period. In the event of substantial restrictions during the contract term, the Customer may terminate the contract in accordance with the applicable rules.

Contract-related information is sent to the Customer by email at the registered address. Transfer of all rights and obligations under the contract to a third party requires written form, complete details of the new Customer and the new Customer’s acceptance of these GTC.

If one or more provisions are or become invalid, the validity of the remaining provisions is unaffected. In case of contradiction between language versions, the French version prevails.

Swiss law applies, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the ordinary courts at the registered office of MaxiNetwork Sàrl; MaxiHoster may also bring proceedings against the Customer at the Customer’s domicile.

MaxiNetwork Sàrl, August 2023