Terms and conditions of GA Conseils Sàrl (MaxiHoster.com)
Field of application
These General Terms and Conditions of Sale (hereinafter "GTC") apply to the legal relationship between GA Conseils Sàrl (hereinafter "MaxiHoster") and its Customer (hereinafter "Customer"). They apply to all services and products offered by MaxiHoster during the whole period of their use by the Customer.
MaxiHoster shall administer the Customer's domain name to the extent defined by the services the Customer has procured from MaxiHoster and shall, upon the Customer's request, ensure the registration of domain names in the Customer's name with the relevant registrar, the transfer of existing domain names of the Customer 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 toFor domain names with endings indicated on MaxiHoster's website, MaxiHoster is a registrar and provides the above-mentioned services upon the Customer's request.
MaxiHoster is not obligated to review the Customer's domain name registration or transfer authorization. By submitting an application for registration or transfer of a domain name to MaxiHoster, the Customer provides MaxiHoster with a binding assurance 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 therefore possesses the registration and transfer rights.
MaxiHoster is entitled, but 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 the temporary deactivation of the domain name. MaxiHoster, or the third party commissioned by MaxiHoster, is entitled, at its sole discretion, to publish its own advertising or advertising on the website accessible via the reserved domain name.
MaxiHoster may at any time use third parties to provide its services.
If and as long as a registry allows the restoration (Restore) of an expired domain name or a domain name surrendered to the registry for certain TLDs and MaxiHoster also offers this service within the relevant TLD, MaxiHoster shall provide this service upon the request of the registered owner of the domain, but does not give any guarantee on the success of the restoration. The Customer agrees to bear the full cost of any such restoration.
The contractual provisions of the relevant providers apply to the use of privacy services, or where a local contact address is provided.
If the customer acts as a reseller or intermediary in the context of the resale of the domain proposed by MaxiHoster, he undertakes
The Customer undertakes to document compliance with these obligations, as well as its right to perform all actions for third parties, with adequate evidence and to present it to MaxiHoster upon first request.
If the Customer transfers MaxiHoster's services or products (free of charge or for a fee) to third parties for use, or transfers the rights and obligations arising from the contract to a third party in the sense of clause 13.3, the Customer undertakes to ensure that the said third parties are aware of these GTC and approve them. In this context, the Customer undertakes to document the approval of the relevant third party by means of adequate proof and to present it to MaxiHoster only upon request.
The customer is solely responsible for the actions of third parties appointed by him (e.g. technical contact).
This list is not exhaustive and the Customer is required to obtain the corresponding written permission from MaxiHoster before installing any potentially prohibited application.
The Customer's payment obligation for MaxiHoster's services and products begins at the time of the conclusion of the contract or the use of such services or products. With respect to domain name services, the Customer's payment obligation shall commence upon receipt of the registration confirmation or the corresponding access data.
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 a payment method or for loading the prepaid account in accordance with section 5.4.1, the provisions agreed between the Customer and the issuer of this payment method shall apply. If the issuer in question revokes the post-payment accounting, MaxiHoster shall be entitled to invoice the respective claim.
MaxiHoster reserves the right to refuse a payment method to the customer without giving any reason.
Offsetting of mutual claims of the contracting parties is excluded.
The customer certifies that he/she is entitled to enter into the contract with MaxiHoster and to instruct MaxiHoster accordingly.
The Customer guarantees that
The Customer shall be liable to MaxiHoster for all damages caused by the failure to comply with the contractual obligations.
The 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.
All intellectual property rights existing or arising upon execution 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.
MaxiHoster offers contracts of various durations, the duration in force for the relevant service or product being indicated on the MaxiHoster website. The contract between MaxiHoster and the Customer comes into force upon the confirmation of the setup sent by MaxiHoster to the Customer.
With respect to the products specified by MaxiHoster on its website, MaxiHoster and the Client have the right to withdraw from the contract without charge within the first 30 days. In this context, the day on which MaxiHoster sends the Client a confirmation of installation is considered day number one. Withdrawal requires written form.
Customer may communicate withdrawal as follows to MaxiHoster: (i) via the www. MaxiHoster.com platform, with written acknowledgement by MaxiHoster, or (ii) by email to the address provided to MaxiHoster for communications relating to the Agreement, with written acknowledgement by MaxiHoster, or (iii) by registered mail (with legally valid signature), or (iv) by mail (with legally valid signature), with written acknowledgement by MaxiHoster.
MaxiHoster may communicate withdrawal as follows to Customer: (i) by email to the address provided to MaxiHoster for contract communications, or (ii) by registered mail, or (iii) by mail.
The contract is automatically renewed for the agreed contract term, provided that it is not terminated in writing by the Customer or MaxiHoster at the latest one day1 before the expiry of the agreed contract term. 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 mail (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 Customer as follows: (i) by email to the address provided to MaxiHoster for contract communications, or (ii) by registered mail, or (iii) by mail.
MaxiHoster may terminate the contract at any time, within a period of days30, 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, shall be refunded to the Customer.
If MaxiHoster suspends its services in the manner mentioned, the Customer is still obliged to pay the full fees due for these services.
MaxiHoster is entitled to delete the Customer's data six months after the end of the contract or after a deactivation in the sense of the point of the Customer's account(5.3.1s). The Customer is solely responsible for the timely backup of its data.
A transfer of all rights and obligations under this contract from the Customer to a third party shall be made in writing and shall include the complete contact details of the new customer. The transfer presupposes the agreement of the new customer and his knowledge and approval of these GTC. The obligation of the former customer to transfer the GTC to the new customer is defined in the section 3.4.
The Customer can arrange a transmission to MaxiHoster as follows: (i) via the my. MaxiHoster platform, with written acknowledgement of receipt from MaxiHoster, or, with a declaration of transfer legally signed by both the old and the 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 post (with legally valid signature), with written acknowledgement of receipt from MaxiHoster. following the economic logic if it had been aware of the breach at the time of drafting these GTC.
If one or more provisions of these T&Cs 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
Swiss law shall be the only law applicable to these GTC and to any disputes arising out of or in connection with the contractual relationship between MaxiHoster and its Customer, with the exception of conflict of laws rules and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is the ordinary courts of GA Conseils Sàrl's registered office. MaxiHoster is also entitled to sue the Customer at his domicile.Orsonnens, September 2021
Orsonnens, September 2021
Personal Data and General Privacy Agreement
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. Under no circumstances will it be disclosed to anyone who requests it, except by court order or complaint from a third party to GA Conseils.
GA Conseils' employees are subject to 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 GA Conseils, both GA Conseils and the Client may have access to Content, information or items related to the other party's business, which may include Client files, software technologies or any other items that are potentially confidential and of substantial value to each respective party, and which could be subject to possible depreciation if disclosed to a third party. Consequently, GA Conseils agrees not to use for its own account, nor to disclose to a third party, any information of which they may have become aware during the course of this contractual relationship, except in the event of a legal obligation (e.g. a court order) or a complaint from a third party to GA Conseils. Furthermore, GA Conseils confirms that it will take all appropriate measures to protect the confidentiality of this information.
GA Conseils will never carry out a mailing of its Client database on behalf of a third party.
GA Conseils reserves the right to use the contents of its databases for its own communications (technical incidents, new services, etc.) to its Clients.
GA Conseils will never ask the Client for its password via a telephone call or an e-mail.
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
Swiss law is applicable. Any dispute relating to the validity, interpretation, execution or termination of the contract between GA Conseils and its client shall be submitted to the competent courts of the Canton of Fribourg, Switzerland.
GA Conseils Sàrl, September 2021
Only the French version is legally valid