These terms and conditions regulate the dealings between the client (in the following “user”) and the Softronics Communications AG (“Softronics”). Within the purchase of one of the Softronics products the user accepts these terms and conditions and agrees to follow them. These terms and conditions apply to all offers and materials which are related to the products of Softronics.
2 Conditions of participation
Using the products of Softronics shall be possible to every user who is allowed by applicable law to use services at no charge as well as billable services. Note that a purchase is required to use the products of Softronics. The user is obliged to give his data accurately.
- a. The user himself is responsible for the content of his stored data. It is the users business to assure that no data that violate the law are stored. Furthermore the user has to respect the copyright law. Softronics declines any kind of responsibility for the stored data of the user.
b. It is the users duty to inform himself regularly about changes in the terms and conditions of the Softronics products. The current terms and conditions are always linked on the websites of Softronics.
The contractual relationship is subject to Swiss law.
3 Provision for minors
Minors are allowed to purchase and use the products of Softronics if the following conditions are given. The minor must be aware of the consequences of his purchase of a Softronics product and the following processing of his data. Furthermore he must be able to understand and follow these terms and conditions. If the legal guardians of a minor allow the use of a product of Softronics which needs a purchase, they are responsible for the use, misuse and as the case may be for damages caused by the use of this product. Furthermore the legal guardians are aware that they have to bear the claim for damages of a third party against Softronics Communication AG, if the damage was caused by the minor.
The prices which the user has to pay for his services arise from the contract or the corresponding price list. Softronics is entitled to change the prices anytime after a letter of indication with a respite of 60 days. If the user doesn’t fulfill his duty of payment after the time of payment, he is committed to pay a default interest of 6%. In this case Softronics is entitled to discontinue all services of the user without further warning. Furthermore Softronics can impose a fee which is at the most 50% of the initial setup fee. All usage-dependent fees such as the monthly basic fee are owed even if the services are blocked.
Personal information collected for the purchase is used by Softronics within the regulations of law. No data is passed on to a third party. This applies as long as Softronics is not obligated by law to release certain information. The User agrees that Softronics is allowed to regularly control all data and information to ensure a lawfully use of the products and services provided by Softronics.
6 Disclaimer and limitation of liability
The users use the products and services provided by Softronics at their own risk. Softronics does not guarantee that their products and services are available at all time without interruptions, timely, secure and error-free. Softronics assumes no liability for loss of data or information, may it be within the storage provided by Softronics or on storage media of the user. Any information and advice connected to the products and a service provided by Softronics given to a user, may it be either on a website, per email or per fax, either written or oral does not result in any guarantee on part of Softronics unless it was explicitly agreed on. Softronics assumes no liability for undeserved official sanctions, labour disputes and interruptions by Acts of God or due to force majeure as well as accidental damages. The user accepts that the Softronics products could not be provided with the current conditions without the disclaimer and the limitation of liability. The disclaimer applies also in aid of the employees of Softronics who are responsible for the maintenance of the products.
7 Changes of service
Softronics can define at its own discretion which services are provided and how extensively they are provided. Restrictions, extensions and other changes of the products and services offered by Softronics are allowed at any time.
8 Changes in terms and conditions
Changes and extensions of this terms and conditions become effective through publication at softronics.ch and/or through an email. The user commits to regularly read and accept these terms and conditions. Changes of these terms and conditions count as accepted a month after the publication on the website, unless the user submits a written objection. To enter an objection it’s sufficient to write an email to firstname.lastname@example.org. The subject heading has to contain the word "objection". Within the users objection his user-ship ends, without a need for further explanation through Softronics.
9 Part invalidity
If a clause of this terms and conditions or a new clause added in the future is or becomes impracticable or void, the legal effect of the other clauses of these terms and conditions will not be affected. The following shall also apply if the provisions of these terms and conditions should be found to be incomplete. Instead of the impracticable or void clause or to cover any incompleteness an adequate provision which is approximate to what the parties wanted or would have wanted if they had thought about that point within the conclusion of this agreement or the future adding of a provision becomes effective.
10 Account termination
Softronics is allowed to terminate a contract with a user without notice at any time. The termination happens through the deletion of the users account and all the users’ data files. Softronics can terminate the agreement without notice and previous warning. A reason for termination without notice is the violation of applicable law or of these terms and conditions.
- It is forbidden to upload malicious data files especially such with the intent of abusing the products and services provided by Softronics.
- The user has to act in a way that neither Softronics nor the other users get damaged and that no disturbance is generated.
- Using the products and services of Softronics in a way which does not correspond to their original purpose is forbidden.
12 Applicable Law and Jurisdiction
Swiss law shall be deemed applicable. for all disputes arising from this contract, the parties agree on the place of jurisdiction in Jona St. Gallen.
13 Legal notice
Softronics Communication AG
St. Dionysstrasse 31