General terms and conditions

General terms and conditions of MaxiNetwork Sàrl (MaxiHoster.com)

AREA OF APPLICATION AND CONCLUSION OF CONTRACTS

Scope of application

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

Incorporation of the GTC into the order process

As part of the online ordering process, the Customer is invited to confirm his/her acceptance of the General Terms and Conditions by activating the corresponding field. By confirming, the customer accepts these GTC unchanged and in their entirety
The GTC form an integral part of the contract concluded with the Customer.

MAXIHOSTER SERVICES AND RIGHTS

General information on the range of services

MaxiHoster offers its Customers the services and products described on the www.MaxiHoster.ch website. The Customer selects the services or products available from the range of services at the time of use. The conditions applying to the services or products are shown on the MaxiHoster website or in the Customer's personalized offer.
MaxiHoster reserves the right to modify its range of services at any time. If such a change results in a price increase or service restrictions to the detriment of the Customer during the term of the contract, MaxiHoster will inform the Customer concerned in accordance with point 13.1.2.

Hosting

MaxiHoster provides its Customers with storage space and server services, the extent of which they themselves define, on an infrastructure connected to the Internet.
The calculation of hosting services is based on the average use of MaxiHoster's resources. If the usage behaviour of the Customer, a third party using the service or product, or the user of the Customer's website impairs the operation of the service, product or Customer's website (e.g. high number of simultaneous accesses 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 shall inform the Customer in advance (if possible within the scope of operating resources and depending on the concrete circumstances) of any such blocking or shall notify the Customer immediately after the blocking. Subject to MaxiHoster's procedure under point 12.5.1.
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.
Additional applications and services provided by MaxiHoster and third-party providers

MaxiHoster offers its customers various applications for installation on its servers, as well as various services complementary to existing hosting. By using such an application or additional service, the Customer accepts the license conditions, the general terms and conditions and the terms of use in force for the application or additional service, and/or the conditions of MaxiHoster or of the third-party supplier concerned mentioned on the relevant offer page.
The Customer acknowledges and accepts that MaxiHoster is entitled to limit the use of applications or additional services at any time, without prior notice and without refund of the remaining term to the Customer (i) and/or to remove applications or additional services from its range (ii).

Domain name

General

MaxiHoster administers the Customer's domain name to the extent defined by the services the Customer has procured from MaxiHoster and ensures, at the Customer's request, the registration of domain names in the Customer's name with the relevant registrar, the transfer of the Customer's existing domain names for administration by MaxiHoster, or the transfer of a domain name already registered in the Customer's name and administered by MaxiHoster to a third party. With respect to domain names with endings indicated on MaxiHoster's website, MaxiHoster is a registrar and provides the aforementioned services itself at the Customer's request.

Registration, transfer and administration of domain names

The Customer acknowledges and agrees that

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, serves only as an intermediary and cannot guarantee that MaxiHoster or the registrar concerned actually allocate the ordered domain name to the Customer and/or that the domain name is free of third-party rights;
that it is no longer possible to change the domain name once it has been registered;
that the service ordered is tailor-made for the customer, according to the customer's instructions;
maxiHoster or the relevant registrar is entitled to execute the ordered service immediately;
that the registrar does not grant MaxiHoster ownership of the domain name concerned, but only a right of use;
that MaxiHoster is released from any obligation to perform in the event that the Customer's order cannot be fulfilled;
that MaxiHoster, with respect to the administration of the domain name vis-à-vis the registrar and ICANN, as well as vis-à-vis other parties involved in the registration process, acts as the Customer's designated representative, and that it may take the necessary measures for the administration of the domain name;
that, in the context of the resale of the domain proposed by MaxiHoster, the regulations of the registrars and ICANN (in terms of domain names with generic TLDs, and in particular the Uniform Domain Name Dispute Resolution Policy [UDRP]) in force for MaxiHoster also apply to it and that these regulations may change;
that MaxiHoster, in connection with the resale of the domain it offers, deducts directly from the Customer's account balance all costs related to the administration of domain names (including any possible restoration as per point 3.2.8), that MaxiHoster will not provide the ordered service in the event of an insufficient balance, and that, in connection with the extension of the domain name's validity, an insufficient balance results in the loss of said domain name;
that for domain name extensions, the prices in effect at the time of the extension apply, that extension and transfer fees may change at short notice, and that MaxiHoster is entitled to cancel a Customer's order following notification to this effect by e-mail to the address indicated by the Customer for communications relating to the contract, in the event of a price increase by the registration bodies between the time of the order and the time of execution, and in the event that the Customer does not accept this price increase in writing within 10 days vis-à-vis MaxiHoster;
that MaxiHoster is entitled to cancel the transfer of a domain name if a prior transfer has been made without the domain owner's approval, or if the domain owner has been unlawfully deprived of the domain name;
that MaxiHoster has the right to cancel or not to execute a change of domain name owner if the Customer does not prove that the previous owner of the domain name has approved the transfer of the domain name, as well as these GTC;
that MaxiHoster or the relevant registrar has the right to cancel at any time the registration of a domain name or to transfer the domain name to a third party (i) due to a violation of the guidelines of the relevant registration body or ICANN, (ii) to correct a registration or transfer error and/or (iii) to resolve disputes regarding the registered domain name;
that MaxiHoster will only process a request for restoration of a domain name pursuant to clause 3.2.8 if the request has been submitted to MaxiHoster in due time prior to final deletion by the registrar; and
that MaxiHoster is entitled to terminate the agreement with the Customer within 30 days prior to the end of each month without refund of the remaining term, insofar as the Customer's domain name registration or MaxiHoster's accreditation with the registrar cannot be maintained in accordance with the applicable provisions of the relevant registrar.

Transfer of domain names

MaxiHoster will transfer a domain name at the Customer's request. This request must be made in writing, as part of the correct online ordering process, and be accompanied by MaxiHoster's written acknowledgement 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.
In the absence of a written request from the customer to this effect within the framework of the compliant online ordering procedure, MaxiHoster shall execute the transfer of the domain name upon presentation of an enforceable court decision or a contract concluded between the Customer and a third party, which orders MaxiHoster to immediately execute the transfer of the domain name concerned to the third party. The third party is required to produce a certificate of the enforceability of the court order.
⦁ MaxiHoster is entitled to temporarily block the transfer of a domain name when compelled to do so by a court of law or authority. Subject to other measures ordered by a court of law or the authorities. In addition, MaxiHoster is entitled to block a transfer if a third party can prove that it has lodged a complaint with a court or arbitration tribunal against the current holder to obtain the deletion/cancellation or transfer of the domain name.

No control of customer authorization

MaxiHoster is not obliged to check the customer's authorization to register or transfer the domain name. By submitting an application to MaxiHoster for the registration or transfer of a domain name, the customer provides MaxiHoster with a binding guarantee that the registration or transfer of the domain name indicated in the application can be legally carried out, that the customer is entitled to dispose of the domain name and that the customer therefore possesses the registration and transfer rights.

MaxiHoster's right to refuse to provide domain name services

The Customer shall be deemed to hold the domain name vis-à-vis MaxiHoster and shall be solely responsible for its use.
MaxiHoster shall be entitled to refuse to provide the services in question in the event of concrete indication or justified suspicion of the Customer's lack of rights to the registration or transfer of the domain name, and/or in the event of false information provided by the Customer. The Customer's liability to MaxiHoster in such a case is defined in point 9. MaxiHoster reserves the right to terminate the contract immediately in accordance with clause 12.5.

Domain name location

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

Use of third parties

MaxiHoster may at any time call upon third parties to provide its services.

Maintenance work, security updates and modifications

MaxiHoster may carry out maintenance work at any time, which may result in temporary service interruptions. MaxiHoster endeavours to keep such maintenance work as short as possible and, if possible, to inform customers in advance by sending a notice to the e-mail address they have specified for contractual communications.
MaxiHoster is entitled to carry out security updates or modifications to system components and applications at any time, which may lead to temporary service interruptions, without having to inform the customer.

CUSTOMER RIGHTS AND OBLIGATIONS

General

The Customer has the right to use the services and products purchased from MaxiHoster in accordance with the law, and undertakes to comply both with the GTC and with any other instructions issued by MaxiHoster (in particular concerning the maintenance, updating or removal of software). The Customer's liability for damage resulting from improper use is defined in point 9.
If the Customer entrusts third parties with the use of MaxiHoster's services or products (whether free of charge or in return for payment), the Customer remains MaxiHoster's sole contractual partner, retains its corresponding rights and obligations, and remains responsible for the conduct of said third parties, as well as for its own. The Customer's obligation to transfer the GTC to such third parties is defined in the General Terms and Conditions in section 3.4 and more specifically in sections 3.2.4 and 3.2.10.
The Customer undertakes to keep the applications and software it uses (both server and client) technically up to date, and to maintain and update them regularly. The Customer also undertakes to respect the storage space thresholds defined by MaxiHoster and to remove from the server applications and software that are no longer required or used.
The Customer's obligation to inform MaxiHoster of any shortcomings, problems or interruptions in the services or products, installations or software it has purchased from MaxiHoster is defined in general terms in section 6.2 and more specifically in section 3.2.6.
The Customer undertakes to provide MaxiHoster with truthful information at all times and shall be solely responsible for ensuring that the customer information registered with MaxiHoster (e.g. customer name, company, e-mail and postal address, telephone number, technical contact, etc.) is kept up to date, complete and correct throughout the term of the contract.

Special obligations relating to MaxiHoster's domain name services

When ordering a domain name service from MaxiHoster for country domain names or domain names with a generic Top Level Domain (hereinafter "TLD"), such as ".com", ".net", ".org", etc., the Customer undertakes to comply with the current guidelines in force for these names in addition to the GTC and accepts them as an integral part of the contract entered into with MaxiHoster.
The Customer undertakes to inform himself/herself independently of any changes to the applicable guidelines of the registrars and ICANN, and either to accept them or to have the domain name concerned deleted.
The Customer agrees to bear all costs associated with the administration of domain names.
If the Customer registers a domain name for or on behalf of a third party, the Customer undertakes to ensure, prior to placing the order, that the third party is aware of and agrees to all applicable provisions and guidelines, and in particular these GTC. The Customer undertakes to document this knowledge, as well as his right to carry out these actions on behalf of the third party, by means of appropriate evidence, and to present it to MaxiHoster on first request.
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 required, the Customer undertakes to submit these at his own expense.
The Customer undertakes to check the announced domain registrations and transfers immediately upon receipt of the relevant communication, and to notify MaxiHoster of any deficiencies within 24 hours in the form of a complaint. The complaint must be in writing and must describe the alleged deficiencies in sufficient detail. The Customer may communicate the complaint to MaxiHoster as follows: (i) by registered mail (with legally valid signature), or (ii) by mail (with legally valid signature), with written acknowledgement of receipt from MaxiHoster, or (iii) by fax (with legally valid signature) with confirmation of dispatch or with attached complaint bearing a legally valid signature (iv) by e-mail, with written acknowledgement of receipt from MaxiHoster. Any deficiencies shall be deemed to have been remedied without further formalities if the Customer fails to submit a complaint in a timely and proper manner, and if the Customer makes productive use of the MaxiHoster product which is the subject of the complaint.
After a transfer has been carried out in accordance with point 2.3.3, the Customer undertakes to check the accuracy of the information entered in the domain's Whois and, if necessary, to correct it.
Domain name restoration

If and as long as a registrar permits the restoration (Restore) of a domain name that has expired or has been surrendered to the registrar for certain TLDs and MaxiHoster also offers this service within the relevant TLD, MaxiHoster will provide this service at the request of the registered owner of the domain, but gives no guarantee as to the success of the restoration. The Customer agrees to bear the full cost of any such restoration.

Whois-Privacy and Trustee services

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

Domain resale

If the customer acts as a reseller or intermediary in connection with the resale of the domain offered by MaxiHoster, the customer undertakes to

ensure that the customer's account has the necessary balance for MaxiHoster to administer the domain name (including restoration as per point 3.2.8);
ensure that the previous owner of the domain has approved the transfer of the domain name;
ensure that the previous owner of the domain has approved the transfer of the domain name;
ensure that the end customer/domain owner has read and agrees to all applicable provisions and guidelines, in particular these GTC;
to inform the end customer/domain owner of MaxiHoster's notifications, of the expiry of his domain name and of the costs incurred; and

to ensure, prior to any termination of the domain name or modification of the owner's information, the legality of the termination or modification vis-à-vis the end customer/domain owner and to process the latter's transfer requests and transfer code requirements in accordance with the transfer conditions of the relevant registrar and ICANN.

Obligation to provide contact details and legal information

The Customer undertakes to provide MaxiHoster with a valid postal address, e-mail address and telephone number via which it can be reached. In addition, business customers undertake to appoint a contact person responsible to MaxiHoster.
In the case of offers of a commercial nature, the Customer further undertakes to indicate, in the legal notice of its website hosted by MaxiHoster, the valid postal address of the person responsible for the content of the website concerned, and to make any changes thereto immediately.

Transfer of GTC to third parties

If the Customer transfers MaxiHoster's services or products (whether free of charge or in return for payment) to third parties for their use, or if the Customer transfers the rights and obligations arising from the contract to a third party pursuant to clause 13.3, the Customer undertakes to ensure that the said third parties are aware of these GTC and agree to them. In this context, the Customer undertakes to document the approval of the third party concerned by means of adequate proof and to present it to MaxiHoster on request only.

Security measures and data backup

The Customer undertakes to take the necessary measures for the protection of its data and is solely responsible for such protection. In particular, the Customer undertakes to choose an appropriate password, to renew it regularly, to keep it vigilantly and to protect it against access by unauthorized third parties. Passwords or other identification parameters communicated by MaxiHoster are intended for the Customer's personal use and must be treated as confidential. MaxiHoster can rely on the fact that each person using an identification parameter is also authorized to use it. Furthermore, the Customer undertakes to disconnect correctly from the www.maxihoster.com platform to end his/her session. The Customer's obligation to inform MaxiHoster immediately of any potential misuse of an account by a third party is defined in point 6.2.
The Customer undertakes to close any security loopholes in the programs he has installed within a reasonable period of time. In addition, the customer undertakes to take measures against the automatic storage or transfer of unwanted content (e.g. contributions to guest books, blogs, forums and contact forms).
Unless otherwise agreed with MaxiHoster, the Customer is solely responsible for the backup of its data. MaxiHoster recommends that the customer regularly backs up its data to prevent loss.

Customer's responsibility for content

The Customer is solely responsible for the content of the information (language, images, sounds, programs, databases, audio or video files, etc.) which it (and the third party with whom it communicates) has transmitted or processed via MaxiHoster, which it distributes or makes available, as well as for references (including links) to such information. MaxiHoster is not obliged to monitor the content made available by the Customer.
By using MaxiHoster's services and products, the Customer undertakes to make available only authorized content. In particular, content based on prohibited behaviour as defined in point 4.1 is prohibited. MaxiHoster is always entitled, but never obliged, to check the legality of content made accessible by the Customer.
Any dispute between the co-owners of an account, or between the Customer and third parties, concerning the use of an account or the content disseminated by the Customer's website is exclusively the concern of the co-owners or of the Customer and third parties. Requests or complaints addressed to MaxiHoster in this context will be forwarded by MaxiHoster to the (other) co-owners or the Customer for resolution.
MaxiHoster is entitled to charge the Customer for any costs incurred as a result of the measures referred to in points 3.6.2 to 3.6.3. The right to claim further damages remains reserved. MaxiHoster may claim a precautionary guarantee from the Customer to cover its alleged costs and other charges. If the Customer does not comply with the corresponding demand for payment or does not follow MaxiHoster's instructions accompanying the measures taken, MaxiHoster is entitled to apply the procedure described in point 12.5.1.

Customer's liability for actions of authorized third parties

The customer is solely responsible for the actions of third parties appointed by him (e.g. technical contact).

PROHIBITED BEHAVIOR OF THE CUSTOMER AND PERSONS UNDER HIS SUPERVISION, AND PROHIBITED APPLICATIONS

Prohibited behavior of the Customer and persons under his supervision

The Customer and persons under his supervision (e.g. children, employees, subcontractors, etc., hereinafter referred to as "supervisees") must, within the framework of the contractual relationship with MaxiHoster, comply both with these GTC and with applicable Swiss and foreign laws. In particular, the Customer and supervisees are prohibited from the following:

committing an offence (fraud, computer crime, money laundering, violation of professional secrets, falsification of documents, violence and threats against authorities and civil servants, prohibited gambling, etc.); participating in an offence (participation, incitement, complicity) or transferring the services or products used by MaxiHoster to a third party for the purpose of committing an offence;
infringement of the provisions of the Swiss Federal Act against Unfair Competition (UWG), including the obligation to provide legal notices pursuant to Art. 3 para. 1 letter s No. 1 UWG;
dissemination or provision of content contrary to criminal or civil law (depictions of violence, so-called soft or hard pornography, incitement to breach public peace, infringement of freedom of belief and religion, racial discrimination, violation of honor, slander, violation of personality, etc.). References (e.g. links, banners) to such content are also prohibited. In addition to the legal provisions, the provision of so-called soft pornography is generally prohibited, in particular if the customer installs effective barriers that only allow access to the content concerned by persons over the age of 16;
unauthorized referencing, recording or distribution of legally protected content (including personal, copyright, trademark, data protection, design and/or patent rights);
sending identical e-mails to a large number of recipients without the latter's prior consent ("Opt in"), without correct indication of the sender's identity or without indication of a simple and free possibility of refusal ("Opt out") ("spamming"). Customers and supervisees are also prohibited from using, recording, offering or recommending instruments or methods used for such mailings. The sending of information on goods and services without prior Opt in by the recipient is exceptionally permitted when the recipient concerned is already a customer of the sender and when the message contains information on goods and services similar to those which the recipient has already purchased, as well as an Opt out option (art. 3, para. 1 letter 0 UWG).

The Customer and supervisees are also prohibited from violating system and network security within the scope of the contractual relationship with MaxiHoster. In particular, the following conduct constitutes a violation in this sense:

unauthorized access to or use of data, systems and network elements;
examination of the vulnerability of system or network competence without prior agreement ("scanning");
attempts to circumvent security measures and access authorizations without prior written consent;
unauthorized monitoring of data traffic without prior written authorization from the relevant authorities or the network owner ("sniffing");
infringement of the systems of MaxiHoster and its customers, in particular by means of mail bombing, mass mailings or other attempts to overload the system ("flooding");
manipulation of control information within TCP/IP packets ("packet header"), e.g. TCP/IP addresses or control information (e.g. recipient/sender address), within an e-mail message.

The customer undertakes to take appropriate measures to prevent prohibited behavior as defined in points 4.1.1 and 4.1.2. If the Customer becomes aware of any potentially prohibited behaviour in the sense described, he/she must immediately report it to MaxiHoster in accordance with point 6.2.
The Customer shall indemnify MaxiHoster in full for all claims made against MaxiHoster as a result of prohibited conduct within the meaning of points 4.1.1 and 4.1.2. The Customer's obligation to indemnify MaxiHoster extends to the costs incurred by MaxiHoster's appropriate legal representation. The Customer undertakes to support MaxiHoster in any legal proceedings. MaxiHoster is entitled to demand security from the Customer to cover the alleged damages. If the Customer does not comply with MaxiHoster's request for payment of the corresponding guarantee or does not follow the instructions provided by MaxiHoster in this context, MaxiHoster is entitled to apply the procedure described in point 12.5.1.

Prohibited applications

The installation and execution of resource-intensive applications/scripts on MaxiHoster's servers, resource-intensive downloads and other resource-intensive uses of the hosting by the Customer and supervisees that may interfere with the normal operation or security of the network provided by MaxiHoster as part of its hosting services are permitted only with MaxiHoster's prior written approval. MaxiHoster is always entitled to revoke with immediate effect any authorization issued for reasons of security of operation of the infrastructure and to prohibit, also with immediate effect, the use of the applications/software concerned.
Customers and supervisees are prohibited from installing and running the following applications:

peer-to-peer software;
download archives;
network scanner;
bruteforce software/scripts/applications;
processes or scripts (such as PHP or CGI), which overload the CPU and/or consume MaxiHoster's resources excessively at the expense of other customers (e.g. chat scripts, proxy scripts, faulty or badly programmed scripts which cannot be terminated correctly after execution);
voIP software;
applications that listen for incoming network connections, even if the application has been authorized to do so (e.g. BitTorrent services, Internet Relay Chat [IRC] Bots or IRC Bouncer [BNC]);
iRC-related services;
terminal emulation;
browser-based games.

This list is not exhaustive, and the Customer is required to obtain the corresponding written authorization from MaxiHoster before installing any potentially prohibited application.

INVOICING, TERMS OF PAYMENT AND METHODS OF PAYMENT

Commencement of Customer's payment obligation

The Customer's obligation to pay for MaxiHoster's services and products begins at the time the contract is concluded or the services or products are used. In the case of domain name services, the Customer's payment obligation shall commence upon receipt of the corresponding registration confirmation or access data.

Billing by MaxiHoster; due date

MaxiHoster will send the Customer the invoice for the duration of the contract by e-mail to the address generally indicated by the Customer for contract-related communications. If requested by the Customer, MaxiHoster will send 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.
The Customer is generally obliged to pay the invoice in advance, unless otherwise instructed by MaxiHoster.

Late payment by the Customer

If the Customer fails to pay an invoice by the due date, MaxiHoster will send the Customer a payment reminder. If the customer fails to pay a renewal invoice by the due date, the products concerned are automatically suspended. After 30 days, the product is cancelled in its entirety. MaxiHoster accepts no liability for any damage incurred by the Customer or third parties as a result of the suspension of services.

Prepaid account

Customers can load a balance onto their customer account on the www.maxihoster.com platform. This balance will be used to purchase MaxiHoster services and products and to pay MaxiHoster invoices. The customer can charge his customer account with a payment method accepted and supported by MaxiHoster or with a voucher. The maximum amount 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.
If the customer chooses payment via the prepaid account as a method of payment, it is the customer's responsibility to ensure that this account has a sufficient balance for payment 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.
All balances on a prepaid account are charged to the customer concerned. MaxiHoster will refund any remaining balances exclusively to the account specified by the customer. Residual balances of up to CHF 5 will not be refunded. The customer must use the remaining balance within the applicable cancellation period or within the period defined by MaxiHoster. After expiry of the specified period, residual balances of up to CHF 5.- become the irrevocable 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 relevant account(s) in accordance with section 5.3.1.

Third-party payment methods

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

Rejection of a payment method

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

Prohibition of set-off

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

MAXIHOSTER WARRANTY

General

MaxiHoster undertakes to provide its services without disruption or interruption within the scope of its operating resources. This is subject to any other agreements between MaxiHoster and the Customer.
However, MaxiHoster cannot give any warranty to the Customer regarding (i) the uninterrupted availability of the Customer's website hosted by it, (ii) the uninterrupted availability and availability at any 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, unchanged, complete, uninterrupted and timely transmission of data within telecommunications networks, in particular the Internet.
In addition, MaxiHoster cannot guarantee that a domain name ordered (i) will actually be allocated to the Customer, (ii) will be free of third-party rights and (iii) will be durable.
Furthermore, MaxiHoster cannot guarantee that the services provided by itself or by third parties involved will enable the Customer to achieve the economic or other objectives desired by the latter.
Nor can MaxiHoster give any guarantee in respect of the applications it offers or the additional services provided by third-party suppliers (see point 2.2.4).

Complaints

The Customer undertakes to inform MaxiHoster immediately of any and all defects, problems or interruptions it has observed within the services, products, devices and software it has purchased from MaxiHoster (including all cases of use contrary to law, or agreement, of services by third parties) by means of a complaint, as well as to support MaxiHoster in resolving the problems to the best of its ability. The complaint must be in writing and describe the alleged shortcomings in sufficient detail. The Customer may communicate the complaint to MaxiHoster as follows: (i) by registered mail (with legally valid signature), or (ii) by post (with legally valid signature), with written acknowledgement of receipt from MaxiHoster, or (iii) by fax (with legally valid signature) with confirmation of dispatch or with attached complaint bearing a legally valid signature (iv) by e-mail, with written acknowledgement of receipt from MaxiHoster. In addition, the Customer is obliged to grant MaxiHoster a reasonable extension of time of at least 30 days to resolve the issues detailed in the complaint.
If the additional period is not complied with, the Customer is entitled to terminate its contractual relationship with MaxiHoster with immediate effect. MaxiHoster shall refund the Customer any fees paid on a pro rata basis for the period during which the Customer no longer uses the service or product as a result of the termination. The Customer acknowledges and accepts that MaxiHoster will not pay any compensation, subject to point 8 (in particular for costs incurred by the Customer and/or third parties commissioned by the Customer in identifying and/or resolving the problem).
If the Customer has requested the analysis and if the cause of the problem lies with the Customer, third parties who use the relevant MaxiHoster service or product with their knowledge, the equipment used by the Customer or such third parties, or the behaviour of users of the Customer's website, the Customer shall bear the costs of problem identification and resolution by MaxiHoster.

CUSTOMER WARRANTY

General

The Customer certifies that it is entitled to enter into the contract with MaxiHoster and to instruct MaxiHoster accordingly.

Domain name

The Customer warrants that

neither the domain name to be administered by MaxiHoster nor the intended use of the domain name infringes the rights of any third party;
the administration by MaxiHoster is not confronted with any legal or effective obstacles and that
the domain name is not contrary to good morals.

MAXIHOSTER'S LIABILITY

MaxiHoster's liability to the Customer is limited to direct damages caused intentionally or by gross negligence, to the extent permitted by law.

Exclusions of liability

In particular, MaxiHoster shall not be liable for

indirect or consequential damage (loss of profit, production stoppage, loss of reputation and damage caused by loss of data, in particular as a result of erroneous or late registration or transfer of domain names);
damages arising from circumstances for which MaxiHoster cannot be held responsible (e.g. damages arising from typographical errors by the Customer, illegal registration or transfer of a domain name by the Customer [e.g. lack of authorization by the Customer for the transfer of the domain name, non-trademark-compliant nature of the registered domain name, etc.], force majeure, interventions by registration and administrative authorities, strikes, insurrections, wars or natural disasters)
damages incurred by the Customer due to unavailability or limited availability, delays, non-delivery or non-sending of information (e.g. e-mails), transmission errors or operational interruptions;
damages incurred by the Customer as a result of incorrect or false information disseminated via MaxiHoster;
damage caused by unauthorized use of MaxiHoster's communication infrastructure or the Customer's website by third parties (e.g. computer virus attacks, DDoS attacks, etc.). this exclusion of liability also includes damages incurred by the Customer as a result of defensive measures taken by MaxiHoster to protect itself against such third-party attacks (e.g. blocking access to the Customer's website in order to protect MaxiHoster's infrastructure or the websites of other customers against DDoS attacks), as well as for
security gaps and defects in the telecommunications, cable or satellite network and the Internet.

CUSTOMER LIABILITY

General

The Customer shall be liable to MaxiHoster for all damages resulting from the non-fulfilment of contractual obligations.

Special features

The Customer shall be fully liable to MaxiHoster for all damages resulting from third-party claims arising from the illegal registration or transfer of domain names, as well as for damages resulting from false information provided by the Customer.
The Customer's obligation to indemnify MaxiHoster also extends in particular to damages incurred by MaxiHoster as a result of legal action taken against it or one of its employees as a result of prohibited conduct by the Customer or a supervisee within the meaning of point 4.1, or as a result of MaxiHoster or one of its employees being held liable.

CONFIDENTIALITY AND DATA PROTECTION

Protection of confidentiality

MaxiHoster and the Customer undertake to mutually protect the confidentiality of all information which is not public knowledge or accessible to the public, and which becomes accessible to MaxiHoster during the preparation and execution of the contract. In case of doubt, information must be treated as confidential.
This obligation continues after the end of the contract as long as a justified interest persists.

Compliance with data protection

Both MaxiHoster and the customer are committed to data protection within their respective spheres of influence and responsibility.
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.

INTELLECTUAL PROPERTY RIGHTS

Transfer 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.

Intellectual property rights

All intellectual property rights existing or arising during the performance of the contract and relating to MaxiHoster's services and products (e.g. programs, models, data, platform www.maxihoster.com) are owned by MaxiHoster or by third parties engaged by MaxiHoster.

CONTRACT TERM, WITHDRAWAL, AUTOMATIC RENEWAL AND TERMINATION

Contract duration

MaxiHoster offers contracts of various 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 installation sent by MaxiHoster to the Customer.

Mutual right of withdrawal within 30 days for certain products

MaxiHoster and the Customer have the right to withdraw from the contract within the first 30 days, free of charge, in the case of products specified by MaxiHoster on its website. In this context, the day on which MaxiHoster sends confirmation of installation to the Customer is considered to be day number one. Withdrawal must be in writing.

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

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

Automatic contract renewal and mutual right of termination

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

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

In the event of termination of the contract during the contractual period, the Customer is not entitled to a refund of fees already paid pro rata temporis.
When termination takes effect, the domain name in question becomes available again for re-registration, or the Customer may transfer the domain name to another provider, provided that all services and products have been paid for. The customer (domain name holder) is solely responsible for transferring the domain name to another provider.

General right to terminate MaxiHoster's hosting service

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

MaxiHoster's right of immediate termination

MaxiHoster may terminate the contract at any time, subject to 30 days' notice, in writing and by e-mail to the address indicated by the Customer in the communications relating to the contract. Services or products already paid for but not yet used will be refunded to the Customer.

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:
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;
where there is a risk to MaxiHoster's infrastructure; or
when MaxiHoster or its appointed collection agency comes to the conclusion that the Customer is insolvent or that claims of MaxiHoster cannot or will not be settled in due time.

⦁ 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 as aforesaid, the Customer shall still be obliged to pay the full fees due for such services.

In the event of termination with immediate effect by MaxiHoster pursuant to clause 12.5.1, the Customer shall still be liable to MaxiHoster for payment of all fees due up to the ordinary end of the contract, as well as to compensate MaxiHoster for all additional costs incurred in connection with the termination with immediate effect.

Deletion of customer data

MaxiHoster is entitled to delete customer data six months after termination of the contract or after deactivation of the customer's account(s) in accordance with point 5.3.1. The Customer is solely responsible for the timely backup of its data.

OTHER PROVISIONS

Changes to contractual provisions

MaxiHoster endeavours to keep its infrastructure up to date and in a current state for the industry. The Customer acknowledges and accepts that new technical developments, new security requirements and/or changes in the range of services provided by MaxiHoster's contractual partners or the open source software used by MaxiHoster may result in an expansion or limitation of its range of services, and may also influence price trends.
MaxiHoster is entitled to modify its contractual provisions (including the GTC) at any time. The latest version of the GTC is published on MaxiHoster's website and comes into effect at the time of publication. MaxiHoster will notify the Customer in writing of any price increases or limitations of services at the Customer's expense, by e-mail to the address specified by the Customer for communications relating to the contract. Price changes do not take effect until the next contract period. This does not apply to changes in or the introduction of state taxes and duties, so that MaxiHoster is entitled to adjust its prices in line with such changes or introductions 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 services at his expense during the contractual term, he is entitled to terminate the contract for the end of the month within 30 days of receipt of notification of the modification in question, in writing (i) via the www.MaxiHoster.com platform, with written acknowledgement of receipt by MaxiHoster, or (ii) by registered mail (with legally valid signature). In the absence of such termination, the modification is deemed to have been accepted by the Customer. Services or products already paid for, but not yet used, shall be refunded 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.

Transmission of contract-related information by MaxiHoster

MaxiHoster will provide the Customer with contract-related information (e.g. notification of price changes, technical maintenance work, payment reminders, cancellations, provision of access data, etc.) by e-mail to the address provided.
MaxiHoster is not obliged to take into account any customer data other than that stored within MaxiHoster. However, MaxiHoster is entitled to correct or delete customer data stored within MaxiHoster if it proves to be incorrect or infringes the rights of third parties. MaxiHoster is entitled, but not obliged, to check customer data in its possession for errors.
If the Customer's data proves to be incomplete, incorrect or outdated, thereby disproportionately impairing the Customer's ease of identification, or thereby preventing the delivery of notifications to the Customer, MaxiHoster is entitled to stop providing its services or to terminate the contract by way of exception, with immediate effect and without compensation. In addition, MaxiHoster is entitled to invoice the Customer for any costs incurred in this context.

Transfer of all rights and obligations arising from this contract from the Customer to a third party

The transfer of all rights and obligations arising from this contract from the Customer to a third party must be made in writing and must include full details of the new customer. The transfer presupposes the agreement of the new customer, as well as his acknowledgement and approval of these GTC. The former customer's obligation to transfer the GTC to the new customer is defined in section 3.4.

The Customer may organize a transfer to MaxiHoster as follows: (i) via the my.MaxiHoster platform, with written acknowledgement of receipt from MaxiHoster, or, with declaration of transfer legally signed by the old and new customer, as well as proof of identity of the old customer, (ii) by e-mail, with written acknowledgement of receipt from MaxiHoster, or (iii) by registered mail (with legally valid signature), or (iv) by mail (with legally valid signature), with written acknowledgement 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. Invalid or void provisions shall be replaced by the provision that MaxiHoster would have made in good faith and

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

If any provision of these GTC, or any part thereof, is inconsistent with any provision, clause, policy or other regulation of the relevant registry or ICANN, the provision, clause, policy or other regulation of the relevant registry or ICANN shall apply.
In the event of any inconsistency between the different language versions of these GTC, the French language version shall prevail.
Applicable law

These GTC and any disputes arising out of or in connection with the contractual relationship between MaxiHoster and its Customer shall be governed solely by Swiss law, to the exclusion of conflict-of-laws rules and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Jurisdiction

The exclusive place of jurisdiction is the ordinary courts of MaxiNetwork Sàrl's registered office. MaxiHoster is also entitled to sue the Customer at his domicile.

Orsonnens, August 2023

Personal data and general confidentiality agreement

MaxiNetwork takes all necessary measures to prevent access to, alteration or disclosure of the Client's personal information. In particular, audit systems are in place for all sensitive elements. This information is treated with the utmost confidentiality and is neither sold nor distributed. Under no circumstances will it be communicated to anyone who requests it, except in response to a court order or a complaint from a third party to MaxiNetwork.
Exception for MaxiHoster / MaxiNetwork Sàrl's corporate clients 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, MaxiNetwork Sàrl will give prior notice to its client, so that the client can fulfil its obligations to the Swiss Financial Market Supervisory Authority (FINMA). In addition, pursuant to Art. 17, para. 4 of the OEFin, MaxiNetwork's services are provided in such a way as to enable its client, the audit company, the supervisory body and FINMA to monitor and control the performance of the delegated task. It should be noted, however, that any monitoring or control will be carried out exclusively on the data of the company concerned. Any other access is strictly forbidden by virtue of MaxiNetwork Sàrl's obligation of confidentiality with regard to the data of its other clients.
The employees of MaxiNetwork Sàrl are bound by professional secrecy and respect the strictest confidentiality regarding any information that may be communicated to them.
The Client acknowledges that, by virtue of its relationship with MaxiNetwork, both MaxiNetwork and the Client may have access to Content, information or elements relating to the activities of the other party, which may concern Client files, software technologies or any other element which are potentially confidential and of substantial value to each respective party, and which could suffer possible depreciation if they were to be disclosed to a third party. Accordingly, MaxiNetwork agrees not to use for its own account, nor disclose to any third party, any information of which they may become aware in the course of this contractual relationship, except in the event of a legal obligation (e.g. court injunction) or a third party complaint to MaxiNetwork. Furthermore, MaxiNetwork confirms that it will take all appropriate measures to protect the confidentiality of such information.
MaxiNetwork never mails its Client database on behalf of a third party.
MaxiNetwork reserves the right to use the contents of its databases for its own communications (technical incidents, new services, etc.) to its Clients.
MaxiNetwork will never ask the Client for his password by telephone or e-mail.
The Client is informed that all telephone communications with MaxiNetwork support are recorded in order to improve the quality of our Services.

Applicable law and place of jurisdiction

Swiss law is applicable. Any dispute relating to the validity, interpretation, performance or termination of the contract between MaxiNetwork and its client shall be submitted to the competent courts of the Canton of Fribourg, Switzerland.

MaxiNetwork Sàrl, August 2023