Terms and Conditions

General conditions of sale of GA Conseils Sàrl (MaxiHoster.com)
  1. FIELD OF APPLICATION AND CONCLUSION OF CONTRACTS
    1. Application domain

      These General Conditions of Sale (hereinafter "GTC") apply to the legal relationship between GA Conseils Sàrl (hereinafter "MaxiHoster") and its Client (hereinafter "Client"). They apply to all services and products offered by MaxiHoster for the duration of their use by the Customer.

    2.  Incorporation of the T&Cs into the ordering process
      1.  As part of the compliant online ordering procedure, the Customer is invited to confirm his approval of the GCS by activating the corresponding field. By confirming, the Customer accepts these T&Cs unchanged and as a whole
      2.  The T&Cs are an integral part of the contract concluded with the Customer.  
  2. MAXIHOSTER BENEFITS AND RIGHTS
    1. General information about the range of services
      1. MaxiHoster offers its Customers the services and products described on the website www.MaxiHoster.ch. The Customer selects the services or products available in the range of services at the time of their use. The conditions applying to the services or products appear on the MaxiHoster website or in the Customer's personalized offer. 
      2. MaxiHoster reserves the right to modify its range of services at any time. If such a change leads to an increase in prices or service restrictions at the expense of the Customer during the term of the contract, MaxiHoster informs the Customer concerned in accordance with point 13.1.2.
    2. Accommodation
      1. MaxiHoster provides its Customers with storage space and server services, the extent of which they themselves define, on an infrastructure connected to the Internet. 
      2. The calculation of hosting services is based on the average resource usage of MaxiHoster. If the usage behavior of the Customer, a third party using the service or product, or the user of Customer's website adversely affects the operation of Customer's service, product or site (e.g. high number simultaneous access to the Customer's website by DDoS attacks), MaxiHoster reserves the right to block the Customer's user account or access to the Customer's website. MaxiHoster informs the Customer beforehand (if possible within the framework of the operating resources and according to the concrete circumstances) of such blocking or warns him immediately after the blocking. Subject to MaxiHoster's procedure within the meaning of point 12.5.1. 
      3. Unless otherwise agreed, MaxiHoster's internet hosting services are exclusively intended for the Customer's own use in terms of the domain name administered in this context. 
      4. Applications and additional services of MaxiHoster and third-party suppliers 
        1. MaxiHoster offers its Customers various applications for installation on its servers, as well as various additional services to existing hosting. By using such application or additional service, the Customer accepts the license conditions, the general conditions and the conditions of use in force for the application or the additional service, and/or the conditions of MaxiHoster or the third party supplier concerned mentioned on the relevant offer page. 
        2. The Customer acknowledges and accepts that MaxiHoster is entitled to limit the use of applications or additional services at any time, without notice and without reimbursement of the remaining term vis-à-vis the Customer (i) and/or to delete applications or additional services from its range (ii). 
    3. Domain Name 
      1. Generalities 

        MaxiHoster administers the Customer's domain name to the extent defined by the services that the latter has obtained from MaxiHoster and ensures, at the Customer's request, the registration in his name of the domain names with the registrar concerned, the transfer existing domain names of the Customer for administration purposes by MaxiHoster, or the transfer of a domain name already registered in the name of the Customer and administered by MaxiHoster to a third party. In what 's concerns domain names with endings indicated on the MaxiHoster website, MaxiHoster is the registrar and itself provides the aforementioned services at the Customer's request.

      2. Registration, transfer and administration of domain names
        1. The Client acknowledges and accepts
          1. that MaxiHoster, in the context of the administration of domain names within the relationship between the Customer and the organizations responsible for the administration of the central database, only serves as an intermediary and cannot guarantee that MaxiHoster or the registrar concerned actually assigns the domain name ordered to the Client and/or that the domain name is free of third-party rights; 
          2. that it is no longer possible to change the domain name once the domain has been registered; 
          3. that the service ordered is a tailor-made service for the Client, according to his instructions; 
          4. that MaxiHoster or the relevant registrar is entitled to immediately perform the ordered service;  
          5. that the registrar does not give him ownership of the domain name concerned, but only gives him a right of use;  
          6.  that MaxiHoster is released from any obligation of service in the event of impossibility of execution of the order of the Customer;
          7. that MaxiHoster, with respect to the administration of the domain name towards the registrar and ICANN, as well as towards other parties participating in the registration process, acts as the designated representative of the Client, and that it can take the necessary measures for the administration of the domain name;  
          8. that, in the context of the resale of the domain proposed by MaxiHoster, the regulations of the registration bodies and of ICANN (in terms of domain name with generic TLD, and in particular of Uniform Domain Name Dispute Resolution Policy [UDRP]) in force for MaxiHoster also apply to him and that these regulations may change;  
          9. that MaxiHoster, as part of the resale of the domain it offers, deducts directly from the balance of the Customer's account all costs related to the administration of domain names (including any possible restoration within the meaning of point 3.2.8) , that MaxiHoster will not provide the service ordered in the event of insufficient balance, and that, within the framework of the extension of the validity of the domain name, an insufficient balance leads to the loss of the said domain name; 
          10. that, for domain name extensions, the prices in effect at the time of the extension apply, that the extension and transfer fees may change at short notice, and that MaxiHoster is entitled to cancel the order of a Customer after notification to this effect by e-mail to the address indicated by the Customer for communications relating to the contract, in the event that there is a price increase by the registration bodies between the time of the order and that of execution, and in the event that the Customer does not accept this price increase in writing within 10 days vis-à-vis MaxiHoster;  
          11. that MaxiHoster is entitled to cancel the transfer of a domain name if a prior transfer has been made without the approval of the owner of the domain, or if the latter has been unlawfully deprived of the domain name;  
          12.  that MaxiHoster is entitled to cancel or not to execute a change of domain name owner when the Customer does not prove that the former owner of the domain name approved the transfer of the latter, as well as these T & Cs ;
          13. that MaxiHoster or the relevant registrar is entitled at any time to cancel the registration of a domain name or to transfer the domain name to a third party (i) due to a violation of the directives of the organization of registrar or ICANN, (ii) to correct a registration or transfer error and/or (iii) to resolve disputes regarding the registered domain name; 
          14. that MaxiHoster only processes a request for restoration of a domain name within the meaning of point 3.2.8 only when the request has been submitted to MaxiHoster in due time before the definitive deletion by the registration body and 
          15. that MaxiHoster is entitled to terminate the agreement concluded with the Customer within 30 days before the end of each month without reimbursement of the residual term, provided that the registration of a domain name of the Customer or the MaxiHoster's accreditation with the registration body can only be maintained in accordance with the applicable provisions of the competent registration body.
      3. Transfer of domain names 
        1. MaxiHoster ensures the transfer of a domain name at the Customer's request. This request must be in writing, be part of the compliant online ordering process and be accompanied by MaxiHoster's written acknowledgment of receipt. The customer's obligation to acquire any necessary transfer code, as well as any necessary notarial declarations, is defined in point 3.2.4. 
        2. In the absence of a written request from the customer to this effect within the framework of the compliant online ordering procedure, MaxiHoster executes the transfer of the domain name upon presentation of an enforceable court decision or a contract concluded between the Client and a third party, who orders MaxiHoster to immediately execute the transfer of the domain name concerned to the third party. The third party is required to produce an attestation of the enforceability of the court decision. 
        3.  ⦁ MaxiHoster is entitled to temporarily block the transfer of a domain name when it is forced to do so by a Court of Justice or an authority. Subject to other measures ordered by a Court of Justice or the authorities. In addition, MaxiHoster is entitled to block a transfer when a third party can prove to have filed a complaint before a court or an arbitration tribunal against the current holder to obtain the deletion/cancellation or transfer of the domain name.
      4. Absence of control of the authorization of the customer 

        MaxiHoster is not required to control the registration or transfer authorization of the customer's domain name. By submitting to MaxiHoster a request for registration or transfer of a domain name, the customer guarantees it in a binding manner that the registration or transfer of the domain name indicated in the request can be carried out legally, that he is entitled to dispose of the domain name and therefore has the rights of registration and transfer.

      5. Right of MaxiHoster to Refuse to Provide Domain Name Services 
        1. The Customer is deemed to be the domain name holder towards MaxiHoster and assumes sole responsibility for its use. 
        2. In the event of a concrete indication or justified suspicion of the absence of the Customer's rights with regard to the registration or transfer of the domain name, and/or in the event of false information provided by the Customer, MaxiHoster is entitled to refuse to provide the relevant services. The Customer's liability to MaxiHoster in such a case is defined by point 9. MaxiHoster's right to immediate termination in accordance with point 12.5 remains reserved.  
      6. Domain name location 

        MaxiHoster is entitled, but is not obliged, to link the domain names reserved by the Customer with a MaxiHoster domain name server defined by MaxiHoster, or with a third party, provided that the Customer does not expressly wish temporary deactivation of the domain name. MaxiHoster, or the third party mandated by the latter, is entitled, at its sole discretion, to publish its own advertising or advertising on the website accessible via the reserved domain name.

    4. Appeal to third parties 

      MaxiHoster is at any time entitled to call on third parties to be able to provide its services.

    5. Maintenance work, security updates and modifications 
      1. MaxiHoster is entitled to carry out maintenance work at any time which may lead to temporary service interruptions. MaxiHoster ensures that these maintenance works are as short as possible and that the customers concerned are if possible informed in advance via a notification sent to the e-mail address they have indicated for communications relating to the contract.  
      2. MaxiHoster is entitled at any time to carry out security updates or modifications to system components and applications that may lead to temporary service interruptions, without having to inform the customer.  
  3. CUSTOMER RIGHTS AND OBLIGATIONS 
    1. Generalities 
      1. The Customer has the right to use, in compliance with the provisions and the law, the services and products purchased from MaxiHoster, and undertakes to respect in doing so both the T&Cs and any other instructions from MaxiHoster (concerning in particular maintenance, updating or removal of software). The Customer's liability in the event of damage resulting from improper use is defined in point 9. 
      2.  If the Customer entrusts third parties with the use of MaxiHoster's services or products (free of charge or against payment), he remains the only contractual partner of MaxiHoster, retains his corresponding rights and obligations, and remains responsible for the behavior of said third parties, as well as of his. The Customer's obligation to transfer the T&Cs to these third parties is defined in general in point 3.4 and more specifically in points 3.2.4 and 3.2.10.
      3.  The Client agrees to keep the applications and software it uses up to date from a technical point of view (both at server and client level) and to regularly maintain and update them. The Customer also agrees to respect the storage space thresholds defined by MaxiHoster and to remove from the server applications and software that are no longer necessary or used.
      4. The Customer's obligation to inform MaxiHoster of any shortcomings, problems or interruptions of the services or products, installations or software that he has obtained from it is defined in general terms in point 6.2 and more particularly in point 3.2.6. XNUMX.  
      5. The Customer agrees to always provide MaxiHoster with truthful information and alone ensures that the information about the customer registered with MaxiHoster (eg customer name, company, e-mail and postal address, telephone number, technical contact, etc.) are kept up to date, complete and correct throughout the duration of the contract.
    2. Special obligations related to MaxiHoster's domain name services 
      1.  As part of ordering a domain name service from MaxiHoster relating to country domain names or domain names with generic Top Level Domain (hereinafter “TLD”), such as “.com” , “.net”, “.org”, etc., the Customer undertakes to respect, in addition to the GCS, the current directives in force for these names and accepts them as an integral part of the contract which he has concluded with MaxiHoster .
      2. The Customer undertakes to inquire independently about changes to the applicable directives of the registration bodies and ICANN, as well as to either accept them or have the domain name in question deleted.
      3.  The Customer agrees to assume all costs related to the administration of domain names.
      4.  If the Customer registers a domain name for a third party or on behalf of the latter, he undertakes to ensure, before the order, that the third party is aware of all the applicable provisions and directives, and in particular of these GCS. , and that he approves them. The Customer undertakes to document with adequate evidence this awareness, as well as his right to perform these actions for the third party, and to present them to MaxiHoster on the first request.
      5. If, for the transfer of a domain name within the meaning of point 2.3.3, the provision of a transfer code and/or notarial declarations is necessary, the Customer undertakes to submit them at his own expense.  
      6.  The Customer undertakes to control, immediately after receipt of the communication to this effect, the domain registrations and mutations announced, as well as to communicate any shortcomings to MaxiHoster within 24 hours in the form of a complaint. The complaint must be in writing and describe in a sufficiently precise manner the breaches invoked. The Customer may communicate the complaint as follows to MaxiHoster: (i) by registered mail (with legally valid signature), or (ii) by mail (with legally valid signature), with written acknowledgment of receipt from MaxiHoster, or (iii) by fax (with legally valid signature) with confirmation of dispatch or with attached complaint presenting a legally valid signature (iv) by e-mail, with written acknowledgment of receipt from MaxiHoster. Any shortcomings are deemed to be repaired without further formalities when the Customer does not submit a complaint within the deadlines and in the form, and when the Customer uses the product of MaxiHoster in a productive manner which is the subject of the dispute.
      7.  After a transfer carried out according to the terms of point 2.3.3, the Customer undertakes to check the accuracy of the information entered in the Whois of the domain and, if necessary, to correct it.
      8.  Restoring a domain name

        If and as long as a registration body allows the restoration (Restore) of an expired domain name or returned to the registration body for certain TLDs and MaxiHoster also offers this service within the TLD concerned, MaxiHoster provides this service at the request of the registered owner of the domain, but does not give any guarantee on the success of the restoration. The Customer undertakes to assume all the costs generated by a restoration in this sense.

      9.  Whois-Privacy and Trustee Services

        The contractual provisions of the relevant providers apply to the use of privacy protection services, or within which a local contact address is transmitted.

      10.  Resale of the domain

        If the customer acts as a reseller or intermediary in the context of the resale of the domain offered by MaxiHoster, he undertakes

        1. to ensure that his customer account has the balance necessary for the administration of the domain name (including restoration within the meaning of point 3.2.8) by MaxiHoster; 
        2. ensure that the previous owner of the domain has approved the transfer of the domain name; 
        3. to ensure that the previous owner of the domain has approved the transfer of the domain name;  
        4. to ensure that the end customer/domain owner is aware of all applicable provisions and guidelines, and in particular of these T&Cs, and that he approves them;  
        5. to inform the end customer / domain owner about MaxiHoster's notifications, the expiry of his domain name and the costs incurred and 

          to ensure, before a termination of the domain name or a modification of the information of the owner, the legality of the termination or modification vis-à-vis the end customer / owner of the domain and to process requests for transfers and requirements of transfer codes of the latter in accordance with the transfer conditions of the applicable registration organization and ICANN.

    3. Obligation to provide contact details and legal notices 
      1. The Customer undertakes to provide MaxiHoster with a valid postal address, e-mail address and telephone number through which it is accessible. In addition, business customers undertake to appoint a contact person responsible for MaxiHoster. 
      2. In the context of offers of a commercial nature, the Customer also undertakes to indicate, in the legal notices of his website hosted by MaxiHoster, the valid postal address of the person responsible for the content of the website concerned, as well as 'to immediately make all the changes relating thereto.  
    4. Transfer of the T&Cs to third parties 

      If the Customer transfers services or products from MaxiHoster (free of charge or against payment) to third parties for use, or if he transfers to a third party the rights and obligations arising from the contract within the meaning of point 13.3, he undertakes to ensure that said third parties are aware of these T&Cs and approve them. In this context, the Customer undertakes to document the approval of the third party concerned with adequate proof and to present it to MaxiHoster on request only.

    5. Security measures and data backup 
      1. The Customer undertakes to take the necessary measures for the protection of his data and is solely responsible for the latter. The Customer undertakes in particular to choose an appropriate password, to renew it regularly, to keep it with vigilance and to protect it against any access by unauthorized third parties. The passwords or other identification parameters communicated by MaxiHoster are intended for the personal use of the Customer and must be treated confidentially. MaxiHoster can count on the fact that each person using an identification parameter also has the authorization to use it. In addition, the Customer agrees to properly disconnect from the www.maxihoster.com platform to end his session. The Customer's obligation to immediately inform MaxiHoster of a finding of potential abuse of an account by a third party is defined in point 6.2.  
      2.  The Customer undertakes to fill the security gaps of the programs it has installed within a reasonable time. In addition, the Customer undertakes to take measures against the automatic storage or forwarding of unwanted content (eg contributions to guestbooks, blogs, forums and contact forms).
      3.  Subject to a contrary agreement concluded with MaxiHoster, the Customer is solely responsible for backing up his data. MaxiHoster recommends the customer to regularly back up their data, in order to avoid their loss.
    6. Responsibility of the Customer for the contents 
      1.  The Customer is solely responsible for the content of the information (language, images, sounds, programs, databases, audio or video files, etc.) that he himself (and with the third party with whom he communicates) transmits or process via MaxiHoster, which it disseminates or makes available, as well as references (including links) to such information. MaxiHoster is not required to control the content made accessible by the Customer.
      2. By using MaxiHoster's services and products, the Customer agrees to make only authorized content accessible. In particular, content based on prohibited behavior within the meaning of point 4.1 is prohibited. MaxiHoster is always entitled, but never obliged, to control the legality of the content made accessible by the Customer.  
      3. Any dispute between the co-owners of an account, or between the Customer and third parties, regarding the use of an account or the content disseminated by the Customer's website is exclusively the business of the co-owners or the Customer and the third. Requests or complaints addressed to MaxiHoster in this context are transmitted by MaxiHoster to the (other) co-owners or to the Customer for resolution.  
      4. MaxiHoster is entitled to invoice the customer for the costs incurred by the measures mentioned in points 3.6.2 to 3.6.3. Subject to claim of further damages. MaxiHoster may claim a guarantee as a precaution from the Customer to cover its alleged costs and other charges. If the Customer does not respond to the corresponding payment request or if he does not follow MaxiHoster's instructions accompanying the measures taken, MaxiHoster is entitled to apply the procedure described in point 12.5.1.  
    7.  Liability of the Client for the actions of mandated third parties

      The Customer is solely responsible for the actions of third parties he has appointed (eg technical contact).

  4. PROHIBITED BEHAVIOR OF CUSTOMER AND PERSONS UNDER CUSTOMER SUPERVISION AND PROHIBITED APPLICATIONS  
    1. Prohibited behavior of the Client and persons under his supervision 
      1. The Customer and the persons under his supervision (eg children, employees, subcontractors, etc., hereinafter grouped under the term "supervised") must, within the framework of the contractual relationship with MaxiHoster, also respect both these T&Cs and the applicable Swiss and foreign laws. In particular, the following is prohibited for the Client and the supervisees: 
        1.  commission of an offense (fraud, computer crime, money laundering, violation of professional secrets, falsification of documents, violence and threats against authorities and officials, prohibited games of chance, etc.); participation in an offense (competition, incitement, complicity) or transfer of the services or products used by MaxiHoster to a third party for the latter to commit an offense;
        2.  violation of the provisions of the Federal Law against Unfair Competition (LCD), including the obligation to indicate imprint pursuant to Art. 3 para. 1 letter s number 1 of the LCD;
        3. dissemination or making available of content contrary to criminal or civil law (representations of violence, so-called soft or hard pornography, incitement to undermine public peace, infringement of freedom of belief and worship, racial discrimination, infringement of the honour, slander, attack on personality, etc.). References (eg links, banners) to such content are also prohibited. In addition to the legal provisions, the provision of so-called soft pornography is generally declared prohibited, in particular if the Customer installs effective barriers which only allow access to the content concerned to persons over 16 years of age;  
        4. unauthorized reference, recording or dissemination of legally protected content (including personal, copyright, trademark, personal data protection, design and/or patent rights); 
        5. sending identical e-mails to a large number of recipients without the prior agreement of said recipients (“Opt in”), without correct indication of the identity of the sender or without indication of the simple and free possibility of refusal (“Opt in”). opt-out”) (“spamming”). The Client and supervisees are also prohibited from using, registering, offering or recommending instruments or methods used for sending such shipments. Is exceptionally authorized the sending of information on the goods and services without preliminary Opt in of the addressee when the addressee concerned is already customer of the sender and when the message contains information on goods and services similar to those which the addressee s is already provided, as well as a possibility of Opt out (art. 3, al. 1 letter 0 of the LCD).  
      2. It is also forbidden for the Customer and the supervised to violate the security of the system and the network within the framework of the contractual relationship with MaxiHoster. The following behaviors in particular constitute a violation in this sense: 
        1. unauthorized access to or unauthorized use of data, systems and network elements; 
        2. examination of the vulnerability of the competence of the system or network without prior agreement (“scanning”); 
        3.  attempt to circumvent security measures and access authorizations without obtaining the prior written consent of the interested party;
        4. unauthorized monitoring of data traffic without prior written permission from the competent authorities or the network owner (“sniffing”);  
        5. damage to the systems of MaxiHoster and its customers, in particular by means of mail bombings, mass mailings or other attempts to overload the system (“flooding”);  
        6. manipulation of control information within TCP/IP packets (“packet header”), e.g. TCP/IP addresses or control part information (e.g. recipient/sender address), in an email message.
      3. The customer undertakes to take adequate measures to prevent prohibited behavior within the meaning of points 4.1.1 and 4.1.2. If the Customer notices potentially prohibited behavior in the sense described, he must immediately report it to MaxiHoster in accordance with point 6.2.  
      4. The Customer fully indemnifies MaxiHoster for all claims filed against MaxiHoster following prohibited behavior within the meaning of points 4.1.1 and 4.1.2. This obligation to indemnify the Customer extends to the costs generated by the adequate legal representation of MaxiHoster. The Customer agrees to support MaxiHoster during a possible procedure. MaxiHoster is entitled to demand a guarantee from the Customer to cover the alleged damage. If the Customer does not respond to the request for payment of the corresponding guarantee or if he does not follow the instructions provided by MaxiHoster in this context, MaxiHoster is entitled to apply the procedure described in point 12.5.1.  
    2.  Prohibited apps
      1. The installation and execution of resource-intensive applications/scripts on MaxiHoster's servers, resource-intensive downloads and other resource-intensive uses of the hosting are only permitted with the prior written approval of MaxiHoster by the Customer and the supervised who may harm the normal operation or security of the network provided by MaxiHoster as part of its hosting services. MaxiHoster is always entitled to revoke with immediate effect an authorization issued for reasons of security of operation of the infrastructure and to prohibit, with immediate effect also, the use of the applications / software concerned.  
      2. The Client and supervisees are prohibited from installing and running the following applications: 
        1.  peer-to-peer software;
        2. download archives; 
        3. network scanner; 
        4.  bruteforce software/scripts/applications;
        5. processes or scripts (such as PHP or CGI), which excessively overload the CPU and/or consume MaxiHoster's resources at the expense of other customers (e.g. chat scripts, proxy scripts, faulty or poorly programmed scripts which do not can be terminated correctly after execution);  
        6. VoIP software; 
        7.  apps that listen for incoming network connections, even if the app has been granted permission (e.g. BitTorrent services, Internet Relay Chat [IRC] Bots, or IRC Bouncer [BNC]);
        8. IRC-related services;  
        9. terminal emulation; 
        10. explorer games. 

          This list is not exhaustive and the Customer is required to obtain the corresponding written authorization from MaxiHoster before the installation of a potentially prohibited application.

  5. BILLING, PAYMENT TERMS AND PAYMENT METHODS  
    1. Commencement of Customer's payment obligation 

      The Customer's payment obligation for the services and products of MaxiHoster begins at the time of the conclusion of the contract or the use of said services or products. With regard to domain name services, the Customer's obligation to pay begins upon receipt of the registration confirmation or the corresponding access data.

    2. Billing by MaxiHoster; deadline 
      1.  MaxiHoster sends the Customer the invoice relating to the duration of the contract chosen by e-mail to the address generally indicated by the Customer for communications relating to the contract. Upon request to this effect from the Customer, MaxiHoster sends the invoice to the Customer by post, provided that the Customer has a Swiss billing address. The Customer acknowledges and accepts that MaxiHoster reserves the right to require the Customer to pay the costs of sending the invoice by post.
      2.  The Customer is generally required to pay the invoice in advance, unless otherwise instructed by MaxiHoster.
    3.  Customer's late payment
      1. If the Customer does not pay an invoice within the time limit, MaxiHoster invites him to make the payment due by means of a payment reminder. If the customer does not pay his renewal invoice before its due date, the products concerned are automatically suspended. The product is fully terminated and deleted after 30 days. MaxiHoster assumes no responsibility for any damage incurred by the Customer or third parties following the cessation of services.  
    4. Prepaid account 
      1. The customer can load a balance into his customer account on the www.maxihoster.com platform. Thanks to this balance, he will be able to obtain services as well as MaxiHoster products and will be able to pay MaxiHoster's bills. The customer can load his customer account with a means of payment accepted and supported by MaxiHoster or with a voucher. The ceiling is CHF 500.–. In addition, MaxiHoster reserves the right to credit any refunds due to the customer directly to the prepaid account. The balance on the prepaid account does not earn interest. 
      2. If the customer chooses payment via his prepaid account as the method of payment, it is up to him to ensure that this account has a sufficient balance for the settlement of the amount due. If the balance on the prepaid account is not sufficient to pay the amount due, MaxiHoster will refuse payment via the prepaid account and the amount will remain fully due.  
      3. All balances on a prepaid account are charged to the relevant customer. MaxiHoster reimburses any residual balances exclusively on the account mentioned by the customer. Residual balances of up to CHF 5.- are not refunded. The customer must use the residual balance within the applicable termination period or within the period defined by MaxiHoster. After expiry of the defined period, the residual balances of up to CHF 5,- become the irrefutable property of MaxiHoster in the event of termination without notice in accordance with section 12.5 as well as in the event of deactivation of the account(s) concerned ( s) in accordance with Section 5.3.1.  
    5. Third-party payment methods 

      If the customer chooses a payment method accepted and supported by MaxiHoster (e.g. debit or credit card, Payrexx, Twint or a payment application) as the method of payment or for loading the prepaid account in accordance with section 5.4.1 .XNUMX, the provisions agreed between the customer and the issuer of this means of payment apply. If the issuer in question revokes the post-registration, MaxiHoster is authorized to charge the respective claim.

    6. Rejection of a payment method 

      MaxiHoster reserves the right to refuse a payment method to the customer without giving a reason.

    7. Prohibition of offsetting 

      The offsetting of reciprocal claims of the contracting parties is excluded.

  6. MAXIHOSTER WARRANTY
    1. Generalities 
      1. MaxiHoster is committed to providing its services without disruption or interruption within the scope of its operating resources. Subject to other agreements in this regard between MaxiHoster and the Customer.  
      2. However, MaxiHoster cannot give any guarantee to the customer concerning (i) the uninterrupted availability of the Customer's website that it hosts, (ii) the uninterrupted availability and the uninterrupted availability at a given time of its services, (iii) the availability , quality and performance of the telecommunications infrastructure of telecommunications network and service providers, as well as (iv) the correct, unaltered, complete, uninterrupted and timely transmission of data within telecommunications networks, in particular the Internet . 
      3. In addition, MaxiHoster cannot guarantee that a domain name ordered (i) is actually assigned to the Customer, (ii) is free of third party rights and (iii) is durable.  
      4. MaxiHoster can also not guarantee that the services provided by itself or by third parties involved put the Customer in a position to achieve the economic or other objectives desired by the latter.  
      5. Finally, MaxiHoster can not give any guarantee concerning the applications it offers or the additional services of third-party suppliers (see point 2.2.4).  
    2. Claim 
      1.  The Customer undertakes to immediately inform MaxiHoster of all defects, problems or interruptions that he has observed within the services, products, devices and software that he has purchased from MaxiHoster (including all cases of use contrary to the law, or to the agreement, of services by third parties) through a complaint, as well as to support MaxiHoster in the resolution of the problems to the extent of its possibilities. The complaint must be in writing and describe in a sufficiently precise manner the breaches invoked. The Customer may communicate the complaint as follows to MaxiHoster: (i) by registered mail (with legally valid signature), or (ii) by mail (with legally valid signature), with written acknowledgment of receipt from MaxiHoster, or (iii) by fax (with legally valid signature) with confirmation of dispatch or with attached complaint presenting a legally valid signature (iv) by e-mail, with written acknowledgment of receipt from MaxiHoster. In addition, the Customer is required to grant MaxiHoster a reasonable additional period of at least 30 days for the resolution of the problems detailed in the complaint.
      2. If the additional period is not respected, the Customer is entitled to terminate his contractual relationship with MaxiHoster with immediate effect. MaxiHoster reimburses the Customer for any fees paid in proportion to the period during which the Customer no longer uses the service or the product due to the termination. The Customer acknowledges and accepts that MaxiHoster also does not grant any compensation, subject to point 8 (in particular for the costs related to the identification and / or the resolution of the problem on the part of the Customer and / or third parties mandated by this last). 
      3. If the Customer has requested the analysis himself and if the cause of the problem comes from his behavior, from that of third parties who use with their knowledge the service or the product concerned from MaxiHoster, from the equipment used by the Customer or by said third parties, or the behavior of users of the Customer's website, the latter assumes the costs of identification and resolution of problems by MaxiHoster.  
  7. CUSTOMER WARRANTY 
    1.  Generalities

      The customer certifies to be entitled to conclude the contract with MaxiHoster and to mandate MaxiHoster in accordance.

    2. Domain Name 

      The Customer warrants that

      1. neither the domain name whose administration he entrusts to MaxiHoster nor the intended use of the domain name violates the rights of third parties;  
      2.  the administration by MaxiHoster is not confronted with legal or effective obstacles and that
      3.  the domain name is not contrary to morality.
  8.  LIABILITY OF MAXIHOSTER
    1.  MaxiHoster's liability to the Customer is reduced to direct damage caused voluntarily or by gross negligence, within the limits of the law. 
      1. Liability disclaimers 
          MaxiHoster is particularly not responsible
        1. indirect or consequential damages (loss of profit, production stoppage, damage to reputation and damage caused by the loss of data, in particular following incorrect or late registration or transfer of domain names); 
        2.  damage resulting from circumstances for which MaxiHoster cannot be held liable (eg damage resulting from typographical errors by the Customer, illegal registration or transfer of a domain name by the Customer [eg lack of authorization of the Client for the transfer of the domain name, nature not in conformity with trademark law of the registered domain name, etc.], a case of force majeure, interventions by the registration and administrative authorities, strikes, insurrections, wars or natural disasters)
        3.  damages incurred by the Customer due to non-availability or limited availability, delays, non-delivery or non-transmission of information (e.g. e-mails), transmission errors or interruptions operating;
        4. damage incurred by the Customer due to incorrect or false information disseminated via MaxiHoster; 
        5. damage that occurs because third parties misuse MaxiHoster's communication infrastructure, or the Customer's website, or intervene there without authorization (e.g. computer virus attacks, DDoS attacks, hacking attacks or sendings not authorized e-mails), this exclusion of liability also including damages incurred by the Customer due to the defense measures taken by MaxiHoster to protect itself from such attacks by third parties (eg blocking access to the website of the Customer in order to protect the infrastructure of MaxiHoster or the websites of other customers against DDoS attacks), as well as
        6.  security gaps and defects in the telecommunications network, cables or satellites and the Internet.
  9. CUSTOMER RESPONSIBILITY 
    1.  Generalities

      The Customer is liable to MaxiHoster for all damages caused by non-compliance with contractual obligations.

    2. Features 
      1.  The customer is fully liable to MaxiHoster for all damages related to third-party claims made due to the illegal registration or transfer of domain names, as well as damages caused by false information from the Customer.
      2.  The Client's obligation to indemnify also extends in particular to damages incurred by MaxiHoster due to legal proceedings initiated against it or against one of its employees following prohibited behavior by the Client or of a supervisee within the meaning of point 4.1, or because it or one of its employees is held responsible.
  10. PRIVACY AND DATA PROTECTION 
    1.  Privacy Protection
      1.  MaxiHoster and the Customer are committed to the mutual protection of the confidentiality of all information which is not public knowledge or which is not accessible to the public, and which becomes accessible to him during the preparation and execution of the contract. In case of doubt, the information must be treated confidentially.
      2.  This obligation remains after the end of the contract as long as a justified interest persists.
    2. Respect for data protection 
      1.  MaxiHoster and the Customer both ensure compliance with data protection in their respective areas of influence and responsibility.
      2. MaxiHoster collects and processes personal data as described in MaxiHoster's privacy statement, in accordance with any additional agreements concluded with the Customer and in compliance with applicable data protection laws.  
  11. INTELLECTUAL PROPERTY 
    1. Assignment of rights 

      Customers receive (subject to point 13.3) the non-transferable and non-exclusive right to use and exploit the service and/or product concerned for the duration of the contract.

    2. Intellectual property rights

      All intellectual property rights existing or arising from the execution of the contract and relating to the services and products of MaxiHoster (eg programs, models, data, platform www.maxihoster.com) are owned by MaxiHoster or by the third parties involved. by MaxiHoster.

  12. DURATION OF CONTRACT, WITHDRAWAL, AUTOMATIC RENEWAL OF CONTRACT AND TERMINATION 
    1.  Contract length

      MaxiHoster offers contracts of different durations, the duration in force for the service or product concerned being indicated on the MaxiHoster website. The contract concluded between MaxiHoster and the Customer comes into force at the time of the confirmation of establishment that MaxiHoster sends to the Customer.

    2. Mutual right of withdrawal within 30 days for certain products 

      With regard to the products indicated by MaxiHoster on its website, MaxiHoster and the Customer have the right to withdraw from the contract free of charge within the first 30 days. In this context, the day of the setup confirmation sent to the Customer by MaxiHoster is considered day number one. Withdrawal requires written form.

      The Customer may communicate the withdrawal as follows to MaxiHoster: (i) via the platform www.MaxiHoster.com, with written acknowledgment of receipt by MaxiHoster, or (ii) by e-mail to the address provided to MaxiHoster for communications relating to the contract, with written acknowledgment of receipt from MaxiHoster, or (iii) by registered mail (with legally valid signature), or (iv) by mail (with legally valid signature), with written acknowledgment of receipt from MaxiHoster.

      MaxiHoster may communicate the withdrawal as follows to the Customer: (i) by e-mail to the address provided to MaxiHoster for communications relating to the contract, or (ii) by registered mail, or (iii) by mail.

    3.  Automatic renewal of the contract and mutual right of termination

      The contract is automatically renewed for the agreed duration of the contract, provided that it is not terminated in writing no later than 1 day before the expiration of the contract duration agreed by the Client or MaxiHoster. The Customer may communicate the termination as follows to MaxiHoster: (i) via the www.maxihoster.com platform, with written acknowledgment of receipt from MaxiHoster, or (ii) by registered mail (with legally valid signature), or (iii) by mail (with legally valid signature), with written acknowledgment of receipt from MaxiHoster, or (iv) by e-mail, with written acknowledgment of receipt from MaxiHoster.

      MaxiHoster may communicate the termination as follows to the Customer: (i) by e-mail to the address provided to MaxiHoster for communications relating to the contract, or (ii) by registered mail, or (iii) by mail.

      1.  In the event of termination of the contract during the contractual period, the Customer does not benefit from the right to reimbursement of the costs already paid pro rata temporis.
      2.  When termination becomes effective, the affected domain name becomes available again for new registration, or Customer may transfer the domain name to another provider, provided all services and products are paid for. The Customer (domain name holder) is solely responsible for transferring the domain name to another provider.
    4. General Right of Termination of MaxiHoster Hosting 

      MaxiHoster may terminate the contract at any time, within a period of 30 days, in writing and by e-mail to the address indicated by the Customer for communications relating to the contract. Services or products already paid for, but not yet used, are reimbursed to the Customer.

    5. Right of immediate termination of MaxiHoster
      1. MaxiHoster may terminate the contract at any time, within a period of 30 days, in writing and by e-mail to the address indicated by the Customer for communications relating to the contract. Services or products already paid for, but not yet used, are reimbursed to the Customer. 
          ++
        1. MaxiHoster is entitled to terminate the contract with immediate effect, in writing and by e-mail, to the address indicated by the Customer for communications relating to the contract in the following cases:  
        2. when the Customer violates the contractual provisions (in particular by illegally using MaxiHoster's services and/or products) or when MaxiHoster has reason to suspect the existence of such non-compliance;  
        3.  when there is a risk for MaxiHoster's infrastructure or
        4.  when MaxiHoster or the collection office it has appointed come to the conclusion that the Customer is insolvent or that debts of MaxiHoster cannot be or will not be settled in due time.
      2.  ⦁ Instead of terminating the contract with immediate effect, MaxiHoster may also, at its sole discretion, suspend the services concerned or, in the case of point 12.5.1 1) above, oblige the Customer to use its services and products in compliance with the contract.

        If MaxiHoster suspends its services in the manner mentioned, the Customer is still obliged to pay the full fees due for these services.

      3. In the event of termination with immediate effect by MaxiHoster within the meaning of point 12.5.1, the Customer is still obliged to MaxiHoster to pay all costs due until the ordinary end of the contract, as well as to compensate him for all additional costs incurred in connection with the termination with immediate effect.
    6. Deletion of Customer data 

      MaxiHoster is entitled to delete the Customer's data six months after the end of the contract or after a deactivation within the meaning of point 5.3.1 of the Customer's account(s). The Customer is solely responsible for the timely backup of his data.

  13.  OTHER PROVISIONS
    1. Changes to contractual provisions 
      1.  MaxiHoster strives to always keep its infrastructure up to date and in a standard state for the industry. The Customer acknowledges and accepts that new technical developments, new security requirements and/or changes to the range of services of MaxiHoster's contractual partners or Open Source software used by MaxiHoster may cause an expansion or limitation of its range of services, but also influence the evolution of prices.
      2.  MaxiHoster is entitled to modify at any time its contractual provisions (including the GCS). The latest version of the T&Cs is published on the MaxiHoster website and comes into force at the time of their publication. Any price increases or limitations of services at the expense of the Customer are communicated to him by MaxiHoster in writing and by e-mail to the address indicated by the Customer for communications relating to the contract. Price changes do not take effect until the next contract period. This point does not concern the modifications or the introduction of state taxes and duties, so that MaxiHoster is, in this context, entitled to adapt its prices according to the said modifications or introductions, and this during the contractual period. and without having to notify the Customer. If the Customer does not accept a modification which results in a limitation of the services at his expense during the contractual period, he is entitled to terminate the contract for the end of the month within 30 days of receipt of the notification of the modification concerned, and this in writing (i) via the platform www.MaxiHoster.com, with written acknowledgment of receipt by MaxiHoster, or (ii) by registered mail (with legally valid signature). In the absence of such termination, the modification is considered accepted by the Customer. Services or products already paid for, but still not used, are reimbursed to the Customer, provided that the Customer proves that the limitation of services is such that he would have excluded it from the conclusion of the contract with MaxiHoster.
    2. Transmission of information related to the contract by MaxiHoster 
      1.  MaxiHoster provides the Customer with information related to the contract (eg notification of price changes, technical maintenance work, payment reminders, termination, or the communication of access data, etc.) by e-mail at the address given to him.
      2.  MaxiHoster is not required to take into account other customer data than those recorded within it. MaxiHoster is however entitled to correct or delete the customer's data recorded within it if they prove to be false or violate the rights of third parties. In the context of correcting the Customer's data in its possession, MaxiHoster is entitled, but not obliged, to examine them properly.
      3.  If the Customer's data proves to be incomplete, incorrect or outdated, thus disproportionately harming the ease of identification of the Customer, or thus preventing the delivery of notifications to the Customer, MaxiHoster is entitled to stop providing its services or to terminate the contract on an exceptional basis, with immediate effect and without compensation. In addition, MaxiHoster is entitled to invoice the Customer for any costs incurred in this context.
    3. Transmission of all the rights and obligations arising from this Customer contract to a third party  

      A transmission of all the rights and obligations arising from this Customer contract to a third party requires the written form and the indication of the full contact details of the new Customer. The transmission presupposes the agreement of the new Customer, as well as his knowledge and his approval of these GCS. The former customer's obligation to transfer the T&Cs to the new customer is defined in point 3.4.

      The Customer can organize a transmission vis-à-vis MaxiHoster as follows: (i) via the my.MaxiHoster platform, with written acknowledgment of receipt from MaxiHoster, or, with declaration of transfer legally signed by the old and by the new customer, as well as proof of identity of the former customer, (ii) by e-mail, with written acknowledgment of receipt from MaxiHoster, or (iii) by registered mail (with legally valid signature), or (iv) by mail (with legally valid signature), with written acknowledgment of receipt from MaxiHoster.

      If one or more provisions of these GTC are or become invalid, the validity of the remaining provisions shall not be affected. Null or invalid clauses are replaced by the provision that MaxiHoster would have taken in good faith and

      following economic logic if it had been aware of the breach at the time of drafting these GCS.

    4.  If any provision of these T&Cs, or any part thereof, is inconsistent with the terms, provisions, policies or other regulations of the relevant registration organizations or ICANN, the provisions, provisions, policies or other regulations of the registration organizations registration or ICANN apply.
    5. In the event of a contradiction between the different language versions of these T&Cs, the French language version takes precedence.  
    6.  Applicable right

      Swiss law is the only law applicable to these GCS and to any conflicts arising from or related to the contractual relationship between MaxiHoster and its Customer, with the exception of the rules of conflict of laws and the provisions of the United Nations Convention on contracts for the international sale of goods (CISG).

    7. The

      The exclusive forum consists of the ordinary courts of the registered office of GA Conseils Sàrl. MaxiHoster is also entitled to sue the Customer at his home. OrsonensSeptember 2021

OrsonensSeptember 2021

Personal data and general confidentiality agreement

  1. GA Conseils implements all necessary measures to prevent access to the Client's personal information as well as its alteration or disclosure. In particular, audit systems are in place for all sensitive elements. This information is treated with the utmost confidentiality and is not sold or distributed. They are in no case communicated to anyone who requests it, except on court order or complaint by a third party to GA Conseils.

  2. Exception for MaxiHoster / GA Conseils Sàrl client companies subject to the Financial Institutions Act (LEFin) and its Ordinance (OEFin): In the event of partial or total sub-delegation of its tasks to a third party service provider, GA Conseils Sàrl notifies his client beforehand, so that his client can fulfill his obligations vis-à-vis the Swiss Financial Markets Supervisory Authority (FINMA). Furthermore, under Art. 17, al 4 of the OEFin, the services of GA Conseils are provided in such a way that its client, the audit company, the supervisory body and FINMA can monitor and control the performance of the delegated task. However, it is specified that any follow-up or possible control would be done exclusively on the data of the company concerned. Any other access is strictly prohibited by virtue of the confidentiality obligation of GA Conseils Sàrl with regard to the data of its other customers.

  3. The employees of GA Conseils are subject to professional secrecy and respect the strictest confidentiality on the information which could be communicated to them.

  4. The Client acknowledges that due to its relationship with GA Conseils, both the latter and the Client may have access to the Content, information or elements relating to the activities of the other party, which may concern Client files, software technologies or any other items which are potentially confidential and of substantial value to each respective party, and which could suffer possible impairment if disclosed to a third party. Consequently, GA Conseils agrees not to use for its own account, nor disclose to a third party, any information of which they may have become aware during this contractual relationship, except in the event of a legal obligation (on court injunction for example) or a complaint from a third party to GA Conseils. In addition, GA Conseils confirms that it will take all appropriate measures to protect the confidentiality of this information.

  5. GA Conseils never carries out mailings of its Client database on behalf of a third party.

  6. GA Conseils reserves the right to use the content of its databases for its own communications (technical incidents, new services, etc.) intended for its Clients.

  7. GA Conseils will never ask the Client for his password via a telephone call or an e-mail.

  8. The Client is informed that all telephone communications with GA Conseils support are recorded in order to improve the quality of our Services.

Applicable law and place of jurisdiction

  1.  Swiss law is applicable. Any dispute relating to the validity, interpretation, execution or termination of the contract binding GA Conseils to its client will be submitted to the competent courts of the Canton of Fribourg, Switzerland.

GA Conseils Sàrl, October 2022