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.
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.
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.
The right is reserved to terminate free of cost services any time by the parties from the Administration Console.
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.
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.
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.
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.
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.
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.
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.
Customer is hereby empowered to exercise any or all of the contractual obligations.
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.
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.
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.
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.
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.
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.
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.
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.
They are detailed in the following figure:
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.
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.
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.
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).
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.
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.
ONLY the French version is authentic
Personal data and general confidentiality agreement
Swiss law is applicable. Any dispute relating to the validity, interpretation, execution or termination of the contract binding GA Conseils to its client will be submitted to the competent courts of the Canton of Fribourg, Switzerland.
GA Conseils Sàrl
May 1, 2021 update