espinal.ch – TERMS AND CONDITIONS
These general terms and conditions apply to all services offered by espinal.ch, by Espinal de Leon, CHE‑250.507.271 (hereinafter, ” espinal.ch “). By using our services, you accept the following conditions without changes and in full. The terms and conditions form an integral part of the contracts between espinal.ch and the client.
Scope and contract
The purpose of these terms and conditions is the use of services that espinal.ch offers or offers to its clients (hereinafter, “client”).
The agreement with these terms and conditions is made by using the appropriate services. The use of a service is, in particular, the activation of a product provided to the customer in the customer portal of espinal.ch (hereinafter referred to as “customer’s booth”).
When requesting individual services, the client can be requested to repeat their consent to the terms and conditions by activating a corresponding checkbox. After the delivery of a specific offer to the customer, espinal.ch will make these GTC available to the customer along with the documents by postal or electronic mail (by email or link). In this case, the client confirms his acceptance of the terms and conditions with the confirmation of the offer, by means of the use of the service or the payment of the invoice, by means of which the contract takes place through the first temporary action.
Benefits and rights of espinal.ch
espinal.ch provides services related to the configuration or operation of servers. espinal.ch provides the client, to the extent that contractually agreed, storage space in an infrastructure connected to the Internet (“client server”). The server infrastructure can be operated either by espinal.ch or by a third party. The specific scope of benefits is based on the contract between the client and espinal.ch.
espinal.ch has the right, without agreement to the contrary, to provide the services agreed upon contractually by itself or in cooperation with third parties or for third parties to provide them. espinal.ch remains responsible for fulfilling the contract.
As part of its operational resources, espinal.ch strives to provide services 24 hours a day, without problems and without interruptions. Maintenance, problem resolution, update services, measures to protect the infrastructure of espinal.ch, etc. They may require temporary business interruptions. The customer will be informed of such business interruptions in advance if this is possible due to the circumstances. The planned interruptions will take place outside office hours (unless otherwise specified in the contract: Monday to Friday, from 09:00 to 18:00, excluding national holidays in Switzerland and cantonal holidays in the canton of Zurich ).
espinal.ch has the right to block access to the client server, in whole or in part, and / or discontinue services if (i) the requirements of the Notification and Disposal procedure are met according to the Code of Conduct – Accommodation (www. simsa.ch) (ii) is requested to do so by judicial or regulatory means, or (iii) is considered responsible or subject to prosecution, or (iv) a sample contains indications or specific suspicions of non-compliance with these Terms and Conditions, disclosure of inappropriate content or otherwise the use of the products and services of espinal.ch is illegal or contrary to the contract. espinal.ch also reserves the right to reject emails infected with viruses. The client recognizes that even the desired messages can be filtered and lost.
espinal.ch has the right to suspend its service or block access to the client’s server if the behavior of the user or third parties (for example, a large number of simultaneous accesses to the client’s server with DDoS attacks) affects in some way the operation of the server of the client or other servers / services of espinal.ch, espinal.ch will inform the client (as far as possible within the scope of the operational resources and due to the specific circumstances) in advance or immediately after the necessary blocking or successful.
espinal.ch has the right to instruct the client in relation to measures in accordance with para. 2.4 and 2.5 expense incurred to invoice. The claim of additional damage remains reserved. espinal.ch can demand a security deposit from the client for preventive coverage of expenses and additional damage. If this value is not paid or if the client does not follow the instructions in relation to the adopted measures, espinal.ch can suspend the services or terminate the contract with the client without prior notice.
Rights and obligations of the client
The client has the right to the legitimate and foreseeable use of the services (reasonable use / acceptable use).
The calculation of the use of the services of espinal.ch is based on the average use of resources of espinal.ch (legitimate use). The resources provided (in particular, storage space, traffic, CPU / RAM usage and support) can only be used for the orderly operation of the client server. If the client uses espinal.ch resources above the acceptable level, espinal.ch offers an upgrade to a more powerful class of service. If the client does not accept the offer, espinal.ch reserves the right to terminate the contract (if necessary without prior notice).
The client is responsible for the content (voice, images, sounds, computer programs, databases, audio / video files, etc.) that he or she (and third parties who communicate with him) can transmit, edit, distribute or recover the espinal.ch. Holds. The client is also responsible for the references (especially links) to the content. espinal.ch has no obligation to control the content made available by the client.
The client must keep current components and applications up-to-date (regular updates, etc.) and is responsible for the security of his system and network. If the client does not fulfill his obligations, he is responsible according to the paragraph. 8. The client also recognizes that, on occasion, the software will perform updates and software updates and renew the server hardware, in particular to ensure the security of the operating systems. This can lead to incompatibility with used client applications, which may require an adaptation of these applications. espinal.ch can provide the customer with a free trial system for up to two weeks before an update or a hardware change so they can test the compatibility of their applications.
Failures and interruptions caused by the client or the user assigned to him will be rectified by espinal.ch in his account. The work done is charged at the current applicable rates of espinal.ch.
When placing an order, registering (especially to create a customer account to access the customer’s booth), as well as in the context of the use of the services, the customer is bound to truthful and understandable information. In particular, the customer is responsible for ensuring that the customer’s data stored in the customer’s booth (billing and administrative contact, as well as the technical contact) are updated, complete and correct for the duration of the contract. espinal.ch is not obliged to consider other data than customer data stored in the customer’s cabin or to carry out its own investigations with respect to the correction of this data. However, espinal. ch have the right to correct or delete entries that are obviously incorrect or that violate the laws of third parties in the customer’s booth. In addition, espinal.ch is entitled at any time in case of uncertainty about the accuracy of customer information, suspend services and the resulting costs according to the no. 2.6 to invoice If the espinal.ch determines that the client does not provide any truthful or understandable information about him (including the addresses and contact options), the espinal.ch has the right to terminate the service immediately and terminate the contract without previous notice.
The customer agrees to select passwords in an appropriate manner, store them carefully and protect them from third-party access. If the client detects an improper use of your account, you must notify espinal.ch immediately in writing (by email with the subsequent acknowledgment by espinal.ch). The passwords or other identification parameters provided to the customer are intended for the personal use of the recipient and should be treated confidentially. espinal.ch can be sure that the person who uses an identification parameter has the authority to perform the authorized act with it, in particular to conclude or terminate contracts through proper handling in the customer’s booth.
For security reasons, the client does not have access to the server rooms operated by espinal.ch or third-party espinal.ch. The explicit agreements to the contrary between espinal.ch and the client are reserved.
The client must continue to comply with the provisions of the Acceptable Use Policy of espinal.ch. This can be seen in the currently valid form on the espinal.ch website and through the customer’s booth and forms part of these terms and conditions.
backup espinal.ch offers a variety of services that protect the client’s databases, files and emails.
The frequency of backup copies and the duration of the availability of backup copies made by espinal.ch differ according to the option agreed contractually.
The client is responsible for taking the appropriate and necessary security measures in his area of responsibility in order to restore his information and data in case of loss or unauthorized or accidental change.
This includes, in particular, the periodic review of the readability of the backup copies of espinal.ch and other services of espinal.ch, espinal.ch recommends that their clients make backup copies of the data on a regular basis.
espinal.ch points out to clients that data backup takes place at different times and at different intervals, depending on the type of data or the service package chosen by the client.
In exceptional cases, it is also possible that for technical reasons, for example due to maintenance work, system failures or the need to replace parts of the server infrastructure, espinal.ch can not perform backups or restorations for individual hours. In any case, volatile data, such as temporary files, are excluded from data restoration.
Billing and payment terms
The obligation to pay for services begins with the conclusion of the contract.
espinal.ch generally pays the customer in advance for the period of the chosen contract. Unless otherwise stated on the invoice form, the invoice must be paid within 20 days and the quoted prices are net prices (not including VAT).
If the customer violates the payment terms mentioned above or the payment terms indicated on the invoice form, he will be in default of payment as of the due date.
If the customer is in default of payment, espinal.ch is entitled to charge 5% interest for delay and the second reminder, in addition to the collection of reminder fees of CHF 20.- (by reminder).
espinal.ch have the right to suspend the service after a second unsuccessful reminder of the client.
The liquidation of mutual claims of the contracting parties is excluded.
7-day money back guarantee for dedicated servers and virtual private servers, streaming and cloud servers (prepaid subscription services)
We will reimburse all monthly or annual prepaid subscription fees for dedicated Servers and virtual private servers, streaming and cloud servers if you cancel your prepaid subscription within 7 days after receiving our service.
All refund requests must be made by sending a support ticket or talking to a support agent: the processing of the refund is not automatic. Refunds will only be made according to the original payment method. If the original payment method is not available at the time of processing, the refund will be provided as an account credit. An account credit can not be converted to cash or transferred to any other payment method.
The 7-day Money Back Guarantee applies only to prepaid subscriptions for dedicated servers and virtual private servers, streaming and cloud servers and does not include the installation of the service or configuration fees. The 7-day money back guarantee does not apply to complementary services, which include, among others, software licenses, domain registration or other additional services.
espinal.ch strives to provide its services with care and professionalism. However, espinal.ch can not guarantee that its services will be uninterrupted and that the data requested by the client will be transmitted correctly and without delay over the Internet. In addition, espinal.ch does not guarantee that the services provided by espinal.ch and by third-party employees will allow the client to achieve its economic or other purpose.
The prerequisite for the guarantees is the receipt of a fault report by the client (email with subsequent acknowledgment by espinal.ch) with a comprehensible description of the alleged defects. The customer must establish a reasonable grace period of at least 30 days to remedy the defects specified in the defect notification.
After the grace period without success, the client has the right to immediate termination of the contract. espinal.ch reimbursements to the client any compensation paid prorated for the period in which the client no longer uses the service due to termination.
Liability of espinal.ch
espinal.ch is fully responsible to the client for direct and proven damages caused by the illicit intention or gross negligence of espinal.ch.
The liability of espinal.ch and third-party espinal.ch for minor negligence is limited to the amount of CHF 100’000.00 per calendar year and for direct damages.
Liability for indirect or consequential damages explicitly excludes espinal.ch.
Consequential damages include loss of profits, loss of production, damage to reputation, damage from loss of data and claims from third parties.
espinal.ch is not responsible for damages caused by the illegal or non-contractual use of its services by the client or by a third party. Excluded That is, any liability for damages caused by third parties using the infrastructure of espinal.ch or customers applications of undue or unauthorized intervention in this. This applies, for example, but not limited to interventions of computer viruses or DDoS attacks, as well as changes of hackers and authorized the sending of emails. The warning also includes the damages suffered by the clients necessary for the defense of the intervention measures of third parties of espinal.ch (for example, blocking access to the client’s facilities to protect the espinal infrastructure.
The above exclusions and limitations of the responsibility of espinal.ch will not apply in case of injury to life, physical integrity or health or in the case of mandatory legal provisions, including the provisions of the Product Liability Act.
Responsibility of the client
The client is responsible for the damages incurred by espinal.ch or third parties due to the fault of the client or the users associated with it.
Confidentiality and privacy
espinal.ch and the client agrees to maintain the confidentiality of any information and data that they generally do not know when preparing and executing the contract. This obligation remains valid even after the termination of the contract, provided there is a legitimate interest.
espinal.ch and the client guarantees data protection and data security in their respective sphere of influence. espinal.ch adopts appropriate organizational measures and techniques to protect personal data against unauthorized editing. espinal.ch uses personal information solely for the purpose of providing its own services. For certain services, it may be necessary to disclose personal information to third parties in Switzerland or abroad (for example, accessing applications operated by third parties). Then, espinal.ch reserves the right to make personal data available to authorities or third parties to the extent that it is legally required to do so. espinal.
espinal.ch also has the right to inform clients about the current developments and the new services of espinal.ch itself and of espinal.ch partners. The customer can declare at any time that he does not want such information.
Intellectual property and hardware ownership
During the term of the contract, customers receive the non-transferable and non-exclusive right to use and use the service or product. All intellectual property rights arising from the provision of espinal.ch services or products (for example, programs, templates, data, trademarks, patents, copyrights, etc.) remain with espinal.ch or with third parties designated by espinal.ch.
Ownership of the components that espinal.ch uses to provide the services is limited to espinal.ch or third parties designated by espinal.ch, unless the parties make an explicit agreement to the contrary.
Duration of the contract and termination
Principle and duration
espinal.ch presents the offer of services without obligation on the website espinal.ch, by which espinal.ch can change the offer of the service at any time and restrict individual services and / or suspend its provision.
The contract between espinal.ch and the customer becomes effective by confirming a specific offer for the customer or by using the services by the customer (in particular with the corresponding activation in the customer’s booth).
Unless stipulated otherwise, the contract between the client and espinal.ch is concluded for an indefinite period.
Termination of the contract
In the case of indefinite contracts (unless otherwise agreed) the termination by each of the contracting parties will take place at the end of a month, subject to a one month notice period. Temporary contracts must be announced 1 month before the end of the agreed contract period. Without timely termination, the contract automatically extends for the duration of the agreed contract.
The rescission must be done in writing by registered letter with the subsequent acknowledgment of receipt in espinal.ch or, for certain services, online by selecting the option of termination in the customer’s Cockpit. espinal.ch also has the right to terminate the contract by email to the email address provided by the customer for contractually relevant communications.
espinal.ch reserves the right to terminate the contract for a good cause at any time without prior notice.
An important reason exists in particular in the following cases:
if the customer violates essential contractual provisions, for example, abuses the services for illegal purposes, stores inadmissible contents or makes them accessible (see the Acceptable Use Policy);
if the customer has been sued for bankruptcy or insolvency, or if he does not realize that the customer can no longer meet his payment obligations and does not provide adequate security for at least one contractual period.
In case of termination without notice to espinal.ch, the customer owes the normal termination fees incurred and compensation for all additional costs incurred in connection with the termination without notice.
After expiration of the contract, espinal.ch have the right to delete the client’s data. The customer is responsible for the timely backup of their data.
Changes to contract conditions
espinal.ch strives to maintain its infrastructure to the current standard, which conforms to industry standard safety requirements and industry standard technical standards. The client acknowledges and accepts that the new technological developments, the security requirements and / or changes in the services offered by the subcontractors of espinal.ch or the software used by espinal.ch have an extension or limitation of the offer of services would result It can have an influence on prices.
Therefore, espinal.ch expressly reserves the right to change the terms of the agreement, including these GTC, at any time.
Changes to the terms and conditions will be available on the espinal.ch website and will become effective upon activation. if the client does not accept the changes, he has the opportunity, this espinal.ch of 30 days from the reception of the notification communicated in writing by certified mail, or through the cockpit of the client and the contract object of the notification to finish. Without prior notice within this period the changes were approved as the client.
The rights and obligations under the contracts concluded under these terms and conditions may, subject to the provisions of prov. 2.2 be transferred to third parties only with the written consent of the other party. Excluded from this provision is the transfer of the espinal.ch contract to a legal successor or affiliated company.
If one or more provisions of these terms and conditions prove to be null and void, this will not affect the remaining provisions.
These remain unchanged and retain their validity. The null provision (s) will be replaced by equivalent legal provisions as possible.
In these Conditions and any of or in connection with the contractual relationship between the espinal.ch and emerging customer disputes is exclusively the Swiss right applies, excluding the conflict with the legal provisions and the provisions of the law of purchase of the United Nations (CIM).
The exclusive place of jurisdiction is the ordinary courts at the headquarters of espinal.ch. Alternatively, espinal.ch have the right to sue the client at their home.
These terms and conditions apply from 10.10.17 and supersede all previous publications.