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Service and Usage Agreement

HomepageService and Usage Agreement

 

Terms and Conditions of Use

 

The below Terms and Conditions of Use ( hereinafter referred to "TCU") signifies to practically govern the modus operandi of contractual relations, conditions  and spirit for the provision of the services by MaxiHoster and availing them by the customer.

 

The TCU is hereby concluded between MaxiHoster, a web hosting offering multiple services to the customers, governed by Swiss law based in Geneva, and any natural or legal person under private or public law with a Customer Account with MaxiHoster (hereinafter referred to as "Customer"). They both are parties to the TCU and all the contractual obligations under this TCU are applicable to MaxiHoster and Customer legally rendering them to abide by the word and spirit of TCU. The Contract is binding on the parties mentioned.

 

1.       Conclusion of Contract

Acronyms in capital letters are defined herewith and if goes undefined can be accessed at the MaxiHoster Web address. The contract is aimed at defining TCU for the provision of the services detailed on the website towards the customers. Whilst using our web solution services the initial GTC acceptance is a must along the defined terms and conditions that govern the services provided. Therefore, it is necessary to read them attentively, understand fully and accept; otherwise you are not eligible to avail the services offered by MaxiHoster.

 

In addition to the usage of the services being provided it is implied that customer need to accept the Special Terms and Conditions that will simultaneously apply like TCU. These terms and conditions will be in operation should a contradiction appear thereto and form a contract along with the TCU (hereinafter referred to as the "Contract"). It may be deemed that MaxiHoster governs no control on other websites that it provides information of o its web page and thus the TCU at hand is not applicable to the content of such other sites.

Data processing appendix and API usage policy available on the website is part and parcel of this contract.

 

MaxiHoster is within its right to introduce amendments to TCU, the Special Terms and Conditions and appendices to this contract without informing the customer any time it is please to amend that will be automatically considered as applicable as and when introduced to the onwards service provision.

 

Counted from the date and time of the email sent to the customer, they set out conditions are enforceable within thirty (30) calendar days. Since MaxiHoster does not exercise control on amendments to Third-Party Product Conditions and legal or regulatory compliance may take an immediate effect. Customer non compliance and MaxiHoster’s not taking action does not amount that it has waived its rights of taking action.

  • This Contract is enforceable irrespective of deletion or addition to the provision of the services emanated from the expiry or termination of the Special Terms and Conditions, or the entry into force of any new Special Terms and Conditions. The newly introduced Special Terms and Conditions will not change the spirit of already available Special Terms and Conditions. If account of the customer is terminated discards the total application of this otherwise operative Contract.
  • Customer is responsible to seek any cellular equipment that warrants the use of the Service. Any subsequent cost whatsoever wills not the responsibility of MaxiHoster. It may be noted that French Version of this Contract exercises probative force between the parties and in case of any dispute this version will have the effect.

 

2.       Customer Account

  • Prior to subscribing to an online order, it is deemed that the Customer has acknowledged to have verified the compatibility of the Service beforehand that meets the Customer’s needs and thus makes a willful decision to subscribe to this Contract’s provisions.

To secure the ease the Customer is hereby advised that prior to using their Customer Account or amidst this Contract the details of their contacts might need validation to determine the accuracy thereto. If such Contact Details are fraudulent, spam, incomplete or incorrect it is the right of the service provider to terminate or the likewise. It is paramount essential to note that any message sent to them and they fail to respond during 30 days will be deemed being read lazily and accepted by the Customer with regard to any accompanied consequences.

 

 

3.       Mode of Communications Between the Parties

With the acceptance of TCU, the customer willfully recognizes that the mode of communication will take place only via a valid and verified email. All other mode of communications this Contract entails are being considered to have been delivered validly on the Contact Details shared.  

 

4.       Methods of Payment

  • Credit card, Postcard, bank transfer and PayPal are methods being recognized and accepted. Though, these payment methods can be restricted. Service provision is conditional upon specified on the website payment made via these methods. The service provider can propose different prices amidst the transaction mentioned in the website that entails the commitment period besides specified billing arrangement that is case to case.

The right is reserved to terminate free of cost services any time by the parties from the Administration Console.

 

  • The proposed prices include VAT tax for both natural and legal persons whose billing address is in Switzerland or in the European Union countries. These persons whose addresses are not found in Switzerland or in the European Union have VAT exemption, except for Services that do not require The service provider may change the prices and will be instantly communicated that will application for the new orders hence made.

 

  • If you are using a chargeable add-on module or option, this additional amount will be charged for each billing cycle as long as the module is active. The billing cycle for an add-on module may differ from the billing cycle for the Service concerned, and some add-one modules may require payment upfront for their entire billing cycle.

 

  • If payment is to be made on a credit card it must be authorized to be debited for payment in availing the services (s).

 

If the credit card is replaced by Pay pal being linked to a credit card the Customer authorizes to debit the credit card linked to the payment processor to pay for to pay for the decided services.

 

Bank transfer means that the fee is dependent on the issuing bank and cannot be charged to the service provider.

 

  • 1 Credit Purchase

Credits are purchasable for some services explained on the website, while unused Credits are carried forward and do not expire. Nevertheless, in the process the termination of the service via credits they will be deleted on a permanent basis and will not be refundable. 

 

  • 2 Prepaid Account

MaxiHoster provides this facility and can be accessed via Customer Account meaning hereby the “Prepaid Account”

The funds are payable via Prepaid Account with the Customer acknowledgement that this account is not a bank account and that the credit   balance of this does not generate management fees or credit interest for the Customer.

It is mutually agreed that Prepaid Account balance can be used by both the parties to either purchase the services or offset any payment defaults by the Customer with regard to back orders.

 

  • 3 Payment Defaults and Delays

The company remains entitled to suspend immediately or without notice all or some of the Services concerned on their expiry date if payment renewability fails on the part of the Customer entitling further to refuse the services.

 

  • If there is an agreement whatsoever ought to be communicated to Customer Services Department via the Administration Console on s specified computer generated form within a one month of the invoice date. Any failure on this count obliges the Customer to pay the unpaid invoices under the conditions provided for in the Contract. The company will be authorized in case on account of billing error to regularize the aforementioned invoices within the limitation rules in force.
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  • 4 Refund

Provided that the Customer does not receive the service so ordered can avail the money back to refund on the used method whilst ordering. Fund cannot be refunded in the wake of service disruption owing to force majeure or other associated causes.

 

5.       Terms, Renewal and End of the Contract

  • This contract concludes for an indefinite period and will remain operative till terminated by either party. If terminated by the customer the services gets ended and then and then the Customer Account in its entirety via the MaxiHoster Administration Console, or by written notice sent by registered mail to MaxiHoster which will be executed if the Customer is in good standing with this Contract and provided that MaxiHoster has been capable confirm the Customer's identity
  • MaxiHoster is bound to arrange for the provision of services and the timeframe for this will be opted by ordering Customer.

Through the Administration Console MaxiHoster permits the customer to either activate or deactivate a spontaneous renewal option any kind of customer service. If automatic renewal is activated in the Customer's Account or if the Customer is currently benefiting from a trial and they have already provided MaxiHoster with a payment method for the Services.

Nevertheless, such spontaneous renewal could solely be implemented provided that a verified payment method is linked to the Customer Account on the day of the renewal attempt.

The customer has clear understanding and accepts that the service fees at the time of automatic renewal might be different that it was during the order placement. That is why customer is responsible to check regularly the site of the company and look for if price change has occurred for all the services being active and the customer if likes can deactivate it. It will mean that the customer clearly understands and accepts the change in the prices provided automatic renewal option has not been deactivated during attempt for renewal.

 

In the event that the payment method linked to the Customer Account means that the automatic renewal cannot be processed, the company will inform the customer through the provided contact details present in the Customer Account and that they ought to go to renew manually.

 

 

6.       Suspension of Services

  • Provided that customer fails to comply with the obligations of the contract upon the request of legal and other authorities the company can suspend all or any of the services at any time without informing the customer. The company is within its right to both or either suspend Customer Account or Services if customer takes a legal action or complaint against the company with regard to the services the company provides.

 

  • If under maintenance Administration Console for the time being can cancel its service and will continue so till the cause has ceased. This suspension of the temporary service will not affect the payment of the customer nor will any of compensation be made by the company in lieu of possibly subsequent loss of opportunity, contracts, business, income or profits or in lieu of those mentioned in the "Liability" section. Data will remain secure until in violation of the rules. The conditions laid down in the “Termination for breach” section give a liberty to the company.

 

7.       MaxiHoster’s Obligations and Responsibilities

  • The company ensures state of the art and standard practices in provision of services and is only subject to an obligation of means owing to the higher technicality in the service provision.

 

The company’s liability will be limited to intent and gross negligence if and as the law provides for. This liability is further limited insofar as the law permits to the amount paid for the Service impacted by the Customer for the current billing period as regards provision of the services. Moreover as regards provision of free services the liability on the part of the company is limited to minute error and an amount of CHF 25 for each individual case or CHF 100 for all cases.

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  • MaxiHoster can block service access if necessarily required in the interest of stability, operationalization or data security. Nevertheless, MaxiHoster does not need controlling or monitoring the usage of the customer service to honor its legal essence. MaxiHoster is not responsible for Third-Party Products and Customers who use these products and it is their responsibility in any case. It is their responsibility to ensure that these products serve their purposes and address their needs.

 

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8.       Customer's Obligations and Responsibilities

Customer is hereby empowered to exercise any or all of the contractual obligations.

  • Provided on behalf of the third party the customer uses these services they award to the company the power and capacity to represent them and bind the third party under this contract obligations. In case of the damages on the part of the third party the customer is responsible to indemnify the company, MaxiHoster in such cases. The customer is forbidden to have unauthorized access to the services be that the content, its systems or associated networks, documents or information.

The customer is bound to keep the data of MaxiHoster in confidentiality whatsoever. In spam cases they must inform the company. In case of Third party this secrecy cannot be breached and if in such case it feels the company can block the account to keep the data in secrecy. All users must show character and professionalism to be ensured ny the customer. If customer adds new users they become the co-holders of the Customer Account and will exercise conduct required of under the contract. In the given context if necessary MaxiHoster let the customer know that a second user with the "legal manager" status may, if they so wish, be made the sole legal manager of this contract from the Administration Console after termination of the other users with the "legal manager" status with all the consequences that might result. They must secure the passwords and in case of any eventuality they can seek the help of MaxiHoster. If any threat is detected the company for the sake of security and integrity can suspend the services forthwith and immediately.

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  • The Customer undertakes to comply with laws on copyright, third-party rights, personality right sand intellectual property rights such as copyright, licensees, and patent or trademark rights and to surrender any potential distribution rights.
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The Customer comply copy right law, rights of the third party, personality and intellectual property rights like copyright, licensees, patent or trademark rights and to surrender any potential distribution rights.

 

In the event of a complaint or if MaxiHoster believes that a crime has be committed in relation to the Content, such as, but not limited to:

 

"Fraud, computer crime, money laundering, violation of trade secrets, falsification of documents, violence and threats against authorities and officials, unauthorized gambling, participation in a criminal act (collaboration, incitement, help and complicity), or dissemination or provision of Content contrary to criminal or civil law, representations of violence, so-called soft and hard pornography (pornography may be made accessible if the Customer installs effective controls that allow those over 18 to access corresponding content), incitement to disturb public peace, infringement of freedom of religion and culture, racial discrimination, defamation, acts of terrorism, pedophilia, anti- Semitism, or even Content inciting hatred towards persons on the grounds of their sex, religion, sexual orientation or identity, or disability, invasion of privacy, etc. or the unlawful or abusive use of Content (e.g. fraudulent use of Content or use of Content that infringes rights owned by a third party such as personality rights, copyrights, patent or trademark rights or other intellectual property rights)" by the Customer can potentially result to suspend any or all the services under this contract, including Customer Account being deactivated or the ultimate dissolution of the word and spirit of this contract and the customer is liable to make the loss for any of the consequences that MaxiHoster lays claim to.

 

In such case or cases no responsibility rests with MaxiHoster for the Content of transmitted, disseminated or collected information, including the uses and updates of any file or files whatever. MaxiHoster in such a scenario can only warn the customer of the legal repercussions in all the forms and manifestations potentially such as liability for the use of data made available to Internet users by the Customer. This also holds true in case there is willful intrusion or spam activities on the part of MaxiHoster. In an expanded sense there is total prohibition of the SPAM or send them mass emails on the MaxiHoster in all the potential cases such as to people who have not requested; illegal use of the email lists; using the company domain naming external service provider or service.

 

Anyone on a list used by a mailing or newsletter tool must receive the information necessary to unsubscribe with every email or be able to unsubscribe easily at any time.

In all the mentioned cases if spamming is reported can yield in suspension of any or all the services by the company. 

 

It is the responsibility of the customer to take every step to secure and protect MaxiHoster and its employees with regard to all claims, requests, liabilities, costs and/or expenses that result from such illegal use of the content or services of MaxiHoster.

 

The customer is aware completely and responds in sending the latest and complete copy of content in all the times and MaxiHoster is absolved from the responsibility of any damage to customer data and hence recommends that the content be backed ups consistently.

 

9.     MaxiHoster’s Support

  • The company assists technically in service provision available in French and English provided to those registered previously as customers or have given authorized technical contacts. The technical information is based on the given information or the customer requests but does amount to liability on the part of the company the there is any damages that the customer suffer. However, for communication in the wake of technical support, MaxiHoster does not charge any additional fee (s). More to this, MaxiHoster also offers many layers of technical support to provide the customer with awesome experience. Such multiple support levels are mentioned in the Special Terms and Conditions and the very guiding documents are available on the website of MaxiHoster

 

The customer will ensure abiding proper behavior and conduct with the technical support team. By going against the proper Code of Conduct (CoC) MaxiHoster unilaterally opt to terminate the contract, not to reply to the questions without informing them. MaxiHoster can sue legally such customer with the help of recorded communication extracts, emails or calls.

 

10.  Termination

  • On at least two accounts the service can be terminated one) if payment is not renewed, two) customer so requests without notice through the Administration Customer is liable responsible to secure the data and no responsibility is shouldered by MaxiHoster.

 

Any suspension, termination or removal of a Service under the conditions laid down in this article will not lead to any compensation for the benefit of the Customer, and this, whether they use the Services or not. MaxiHoster will retain all amounts paid by the Customer since it deletes permanently such data henceforth.

 

  • In the event of a payment default by the Customer by the due date, including cancellation or repudiation of their online payment, or payment of an amount that is incorrect, incomplete or lacking the required references in the event of a bank transfer by the Customer when ordering or renewing a Service,

 

If the payment is defaulted, or the amount is incorrect, or incomplete, or lack bank transfer references, MaxiHoster is lawful to put an end to the service provision till the price is fully paid and in the said case it cannot be held responsible for any compensation or damages.

 

  • Termination Due to a Breach:
  • If any breach is felt by any party, the party concerned informs via email or other associative methods of communication the breaching party and if within seven business days the issue is not addressed, the contract stands dissolved without any prejudices or damages that in all probability can be claimed from the party so default on that issue and fail to address within that period of time. In doing so the very email carrying the very date that gave notice and informed the other party serves as evidence in this case. MaxiHoster may seek the help of state officials such as police or regulatory authority (s) of any such violation if it considers important in doing so.

 

  • MaxiHoster can exercise the termination of the contract if any legal proceedings have been commenced against the customer in a court of law. In doing so the data of the customer cannot necessarily be handed over to the customer in before it is deleted or after the contract is terminated.

 

11.  Confidentiality policy

  • With regard to confidentiality policy MaxiHoster will take all out efforts to let the personal data of the customer is secure and is I top confidentiality. Such information is regarded by MaxiHoster for which there are state of the art Audit systems in operation. Such information of the customer cannot be altered, sold, disclosed, distributed or communicated and receive top confidentiality. However, there are grounds of sharing the personal information if a case is subjudice in the court of law or a third party makes a complain. Maxi Holder’s employees take every professional care in such case and never disclose the personal information. Moreover, there is internal mechanism that exercises a check on them.

 

  • The Customer acknowledges the fact that due to its relation with MaxiHoster, both of the parties have an open access to Content, information or elements in consonance with the activities of the other party, that might concern the Customer files, software technologies so on so forth being top confidential carrying enormous values to each respective party, and that can be incapacitated provided that a third party discloses. In the backdrop, MaxiHoster agrees not to use for its own account, or disclose to any third party, any information that it may become aware of as a result of this contractual relationship, except in the case of a legal obligation or based upon the third party complaint. Furthermore, MaxiHoster takes all possible measures of confidentiality to render the information secure, well protected and watertight. Moreover:

 

  1. 1. MaxiHoster as part of confidential policy never emails its Customer database to give any benefit to any third party.

 

  1. 2. It, moreover, is within its right to make use of the content contained by the specific databases for its own communications such as errors that are technical, new services so on so forth that the customer receives.

 

  1. MaxiHoster does ask the customer to know the password via email or phone calls as they can be intercepted and for the reasons that all such communication is recorded for the sake of better service provision and insurance.

 

12.  Severability

In the event provisions and essence of the contract are declared being unlawful, ultra vires by the court and thus invalid, I such case other clauses of the contract will have their legal effect and remain in force. In such event MaxiHoster rectify such invalidity to ensure smooth sailing of the business concerned. 

 

13.  Rights

It is obligatory upon the customers to respect our rights to proprietorship as regards to the website and the software that provide you the services. The proprietary rights encompass, but not limited to, the patents, trademarks, service marks, trade secrets, copyright and other intellectual property rights). It is moreover, obligatory upon the customer to use our brand assets in strict consonance with this Contract.

Moreover, it is indispensable on your part to declare and warrant that you own or are authorized to use all our equipments, Content, data and information that further include  your and the third party’s personal information  that you communicate  to MaxiHoster being the part and parcel of the use of the Services. Moreover, you are the owner of downloaded content of our services. More importantly you are entitled to use, discern your content that also encompasses your personal information solely being detailed in contract at hand. 

 

14.  Agreement on Proof

To all purposes and intents of this contract the parties in question do agree upon that information system data or that of its processors, such as connection logs, usage data, order and payment summaries, incident management reports or other of the  MaxiHolder are thoroughly in force against the customer and valid for any legal parlays. The exchange of emails either sent or received are vai MaxiHolder’s SMTP server. Both the date and time are binding upon the parties.

 

15.  Third-party Complaints to MaxiHoster

They are detailed in the following figure:

  1. If a complaint of the third party is received by MaxiHoster with regard to a service or set of services ordered and used by the customer, the company will send a warning via the email instantly and within no time.
  1. MaxiHoster is within its right to communicate the details and information of the customer if so requested in order to facilitate any legal action in claiming the legal rights of the third party upon infringement so on so forth.
    1. The company as a party to this contract can demand from the customer the supporting documents that let know their good faith with regard to a complaint during 7 business days. If the proof of good faith is in absentia, MaxiHoster can resort to apply the "Termination for breach" section of these TCU.

 

  1. MaxiHoster reserves the right to have the intervention fee charged to the customer provided they do not acknowledge the receipt of MaxiHoster’s warning issued or if it is compelled to intervene via sending a letter being validly registered or a phone call making on either behalf of the third party applicant or customer.

 

16.  Claims and disputes

An amicable settlement of disputes and conflict of interest requires the mutual effort of both MaxiHoster and customer as regards interpretation or execution enshrined in this contract. The section, "Communications between the Parties" will be exercised to settle any claim that eventually arise in the course of service provision and its availing by the customer.

 

If such effort proves futile the customer concerned can sue MaxiHoster in the court of law. Under the word and spirit of this contract in the wake of a happening of a legal or pre-legal conflict or friction as regards the service between the Customer and a third party, it is hereby unequivocally expressed and consented to that in the wake of such unintended event it is the customer that will only remain responsible to lay to rest such arising dispute.

 

  • No stipulation of the Contract shall be deemed to have the effect of limiting MaxiHoster's liability in the case of any fraudulence or gross misconduct.

 

17.  Liability

 

  • MaxiHoster will not shoulder the responsibility of the service incompatibility being provided to the customer with the laid down distinct objectives hoped by the customer to achieve.

 

For the direct damages done MaxiHoster can never be held responsible whatsoever the circumstances might be meaning thereby that if the company fails in services to provide e.g. commercial damages, orders loss, painting of the bad image of the brand, any other economic recession, profit losses or loss of customers such as the divulge of confidential information in the wake of system dysfunctionality or the website being hacked as in such situation it is out of the MaxiHoster. 

If a third party takes action against the customer amounts practically to indirect damage being done and hence warrants no compensation. In all the situations, the size of the damage or interest chargeable to MaxiHolder, provided the fact that its liability is involved will be limited to the amount of the sums paid by the Customer to MaxiHoster, invoiced to the Customer by MaxiHoster and/or the amounts corresponding to the price of the provision, for the part of the Service for which MaxiHoster's liability has been engaged.

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  • The Customer agrees that no stipulation herewith would absolve them from the responsibility of release them from the obligations to pay all amounts due to MaxiHoster hereinunder.The Customer expressly accepts that Maxi Holder’s liability shall in no case be higher than the amount paid by the Customer in the year preceding that of the compensation claim and which concerns the same Services as those subject to the compensation claim. This amount is defined as the reported damage, with several damages related to a single case being considered as a single instance of recoverable damage.

 

18.  Children

Minors are not covered up by our services and we offer restricted and filtered products. Given that the moment we learn that a minor has created an account, we exercise our authority to close that account affront.

 

19.  Advertising and promotions

  • Customers can benefit themselves of the commercial relation between us be that the arranged events, conferences, symposiums and specialized market publications. Mediums other than the mentioned ones are subject to the advance agreement of the customer.

 

20.  Force majeure

Force majeure signifies and carries the meanings of an unforeseeable and unavoidable event, catastrophe or disaster that defies our control.

Engagement of the liability of MaxiHoster as regards the performance of this contract and contractual obligations is obstructed, limited, disturbed by fire, ambush, explosion, network failures, facilities collapse, power outage abruptly, other disasters both man made or natural such as war, conflict, indiscriminate firing, spate of violence, flood, cyclone, gale, wildfire, law, injunction, government demand or requirement, strike, boycott, withdrawal of authorization from a telecommunications operator or other circumstances outside that are beyond our control ( all these happenings are termed and meant as force majeure). 

 

  • Subject to an immediate notification to the Customer, MaxiHoster stands exempted from performing its contractual obligations. This is in the imitations of anything that obstructs its performance and the same goes true for the customer as well in such cases.
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  • Any party that is impacted badly by the force majeure ought to inform the other party to this contract on regular and consistent basis as regards the prognosis of the deletion or addition/restoration of this case of force majeure.

 

  • If the effects emanated from force majeure linger on beyond 30 days from the notification date of the party so affected by the force majeure the contract may stand automatically dissolved and terminated upon the request of either party with no compensation for any party so affected.

 

To all purposes and intents there is an indispensible mentioning that if the customer is unable to pay its payment commensurate with the Maxi Holder’s services does not constitute a case for force majeure.

 

21.  Jurisdiction and applicable law

If any contractual obligations of this contract leads to a dispute, conflict of interest and any other friction between the parties whether on conclusion, implementation and interpretation and all efforts and instruments to peaceful solution thereto are lost, that particular matter brings the parties to a dispute will exclusively be subject Swiss law of the land and the exclusive place of jurisdiction is Fribourg and final appeal or legal remedy can be sought in Federal Supreme Court situated in Lausanne.


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