Netstream AG (termed Netstream below) is a telecommunications provider and operates for the most part in the sectors Internet, landline telephony, Internet telephony, hosting and security. These General Terms and Conditions of Business (hereinafter termed GTC) shall apply to all services and products - subject to charge or free - of Netstream.



1. Object of the Agreement

1.1 Legal and natural persons which obtain services from Netstream in the context of a service agreement shall be regarded as participants in Netstream services.



1.2 These General Terms and Conditions of Business, the current price list or offer and the Support Level Agreement for the services of Netstream shall be integral parts of the service agreement.



1.3 Should the subscriber also make use of the services of third parties by means of Netstream services, the subscriber himself shall be responsible for compliance with the use provisions of these third party services and can in the event of damage or loss be held directly liable. The subscriber shall in particular be obliged to settle directly with the third parties regarding the use of their services. The right to a different written arrangement with Netstream shall be reserved.



2. Beginning, duration and termination of the service agreement

2.1 The service agreement with the subscriber shall come into effect, or Netstream shall only be bound, once Netstream has confirmed, in writing or via e-mail, the registration for a service agreement signed with legally binding effect by the subscriber. Netstream shall let the beginning of the service use be determined by the subscriber. The subscriber shall take note that the beginning of the use of the services provided for him by Netstream can be delayed for organisational or technical reasons. The subscriber may not as a result derive any claims against Netstream.



2.2 Unless otherwise agreed in the service agreement, the service agreement shall be concluded for an indefinite period.



2.3 Each contracting party may rescind the service agreement subject to observance of a period of notice of 30 days by registered letter to the end of the invoicing period, but only at the end of the minimum contractual term established between the parties in the service agreement. The agreement may also be rescinded by mutual consent within other periods of notice to another date.



2.4 Both parties may rescind the agreement at any time with immediate effect for cause. This shall in particular apply if the services provided by Netstream or the third party services obtained by means of this service are obtained or used unlawfully or inappropriately, made available or passed on to unauthorised third parties and if the conditions of use of Netstream or third parties are disregarded.



2.5 If the prepaid account is not used either for incoming calls or for outgoing calls during a period of twelve (12) months from the date of opening the account, Netstream AG reserves the right to close the account. Any credit balance available at that time shall lapse.



3. Obligations of Netstream

3.1 Netstream shall render the services professionally and carefully in accordance with the technological state of the art. In general, the service shall be open to the participant for use 24 hours and seven days a week. However, Netstream cannot assume any guarantee for the service functioning without interruption or disruption or for complete protection of your network against unauthorised access or unauthorised wiretapping. In the event of disruptions in the reception and use of services, the subscribers shall only be entitled to rescission of this Agreement if he informs Netstream of the disruption immediately in writing and sets an appropriate time period twice for its correction. Interruptions of the service that have been announced, in particular as a result of maintenance work of the corresponding media suppliers, shall not be regarded as disruptions.



3.2 The installations and devices provided to the subscriber for the use of the services shall remain the property of Netstream and the subscriber shall neither receive rights of disposal nor copyright to these. Installations purchased or leased from Netstream by the subscriber which are also so described shall be exceptions.



3.3 Netstream shall support the subscriber in creating stable conditions for the use of the services. If expenditure beyond the normal scope is incurred for this purpose or if the expenditure raised by Netstream is attributable to a malfunction of installation components of the subscriber or to its improper operation, Netstream shall invoice the subscriber for its additional or total expenditure at the current rates of Netstream.



3.4 Netstream shall be obliged within the customary business hours of the Netstream office to undertake or implement measures to eliminate disruptions and malfunctions of the services. The weekdays Monday to Friday 8.00 a.m. to 6.00 p.m. with the exception of the Swiss public holidays and the period from 24.12 to 2.1 shall be regarded as customary business hours. Outside of office hours the service level agreement selected by the customer shall enter into force.



3.5 The subscriber shall only be entitled to reimbursement of the services invoiced by Netstream if these are not available to the subscriber for more than eight hours during the normal business hours (cf. Section 3.4 above) in a calendar month for reasons for which Netstream is responsible. The reimbursement shall occur in relation to the entire duration of the service quantity and use duration drawn on by the subscriber during the invoice period. The fee reduction claim shall be in a linear relationship to the duration of the non-availability and the loss of functions.



3.6 Reimbursement claims of the subscriber shall lapse if written complaint is not made of the failure exceeding eight hours per calendar month within 60 days of the termination of the calendar month involved to Netstream and a corresponding fee reclamation has been made for this purpose to Netstream.



3.7 The subscriber shall bear the burden of proof of the non-availability.



4. Obligations of the subscriber

4.1 When ordering, registering and during other business contacts with Netstream, the subscriber shall be obliged to provide true information.



4.2 The subscriber shall undertake to disclose his current data, such as name and address data at any time and communicate corresponding changes immediately online in letter form or via fax.



4.3 The subscriber shall undertake to ensure that his employees likewise comply with the obligations on him arising from the service agreement. This provision shall also apply to third parties brought in by the subscriber as part of an agency or work and services agreement.



4.4 When using the services the subscriber shall undertake to comply with these GTC, the remaining contractual provisions and the applicable cantonal and Swiss laws of data protection, telecommunications and copyright. The services may not in particular be misused to commit criminal acts. The despatch of mass mailing or advertising circulars via e-mail to recipients who did not explicitly request receipt of the messages shall also be regarded as misuse.



4.5 Netstream may take measures to prevent or eliminate disruptions and oblige customers to undertake measures themselves. The subscriber must grant access to employees of Netstream or third parties commissioned in the name of Netstream subject to prior announcement and if maintenance of the service quality requires this to the technical installations provided by Netstream or which are used for the utilisation of Netstream services and to other installations required for the availability of the services of Netstream.



4.6 The subscriber shall undertake to inform Netstream immediately of defects, disruptions or non-availability of services or installations and in particular of use of the services in contravention of the law and agreement by himself, his employees or third parties brought in by him and by unauthorised third parties (e.g. hackers) of which he becomes aware.



4.7 The subscriber shall undertake to check the bill and, if there are any discrepancies, to make written complaint (by e-mail, fax or letter) within 30 days from the billing date. Otherwise the bill shall be considered to have been accepted.



5. Fees

5.1 The remuneration for the services provided by Netstream shall be determined according to this service agreement or the currently valid price list. Unless otherwise noted, these shall include VAT.



5.2 Netstream may adjust the fees at any time, but especially in the event of altered production costs or altered tax rates (VAT), subject to compliance with a period of notice of 30 days to the end of each month. Should the customer suffer considerable disadvantage as a result of such alteration, it shall be entitled to terminate the agreement upon entry into force of the new prices. This right of termination shall lapse with the entry into force of the prices. Roaming tariffs can be altered at any time and without prior communication.



5.3 The subscriber shall be invoiced for basic charges unrelated to use in advance on a quarterly, semi-annual or annual basis. Calendar months that have begun will be invoiced pro rata. Charges that are variable and related to use shall be invoiced retrospectively on a monthly basis. Subscriptions designated as “prepaid” shall be invoiced in advance and charged in real time. The subscriber shall undertake to pay the sum charged in the invoice by the due date stated in the invoice form. The subscriber must use the bank details stated on the invoice for its payment. The subscriber shall be charged for any bank or post office fees incurred by Netstream as a result of the payment.



5.4 Should the subscriber also fail to comply with its payment obligation after expiry of the reminder period, it shall undertake to pay default interest of 2%. Netstream shall in this case be entitled to halt all services for the customer without further notice. It shall also be entitled to levy a fee of a maximum of 25% of the original connection costs for blocking the service.



5.5 Basic charges unrelated to use shall also be due in the case of blocked services. Netstream may at any time demand provision of security in the event of justified doubt regarding compliance with the contractual terms of payment by the subscriber.



5.6 On request the subscriber can request the basis of calculation for the invoice in writing. Netstream shall supply the subscriber with basis for calculation if these can be drawn up with reasonable technical effort. Should it emerge that the invoice was correct, the subscriber must pay Netstream for the work effort arising from preparation of the basis for calculation according to the current rates of Netstream.



6. Liability

6.1 Netstream shall undertake to render the services professionally and carefully pursuant to the service agreement signed by the subscriber and these GTC.



6.2 Insofar as legally permissible, Netstream shall exclude all liability for direct and indirect consequential damage as well as for agents used by it for contractual fulfilment.



6.3 Netstream shall not be responsible for contents produced by third parties or retrievable from third parties. Netstream cannot provide any assurance for such contents and cannot assume any liability and guarantee for their correctness, completeness, up-to-date nature, legality or appropriateness, availability and punctual delivery.



6.4 The subscriber shall be responsible for protecting the IT installations and devices in its possession which are used for Netstream services and the data used for this purpose or accessible via the Netstream services against unauthorised access and manipulation.



6.5 The subscriber can be held responsible or liable for all losses which arise for Netstream or third parties through its use of the Netstream services.



7. Data security and data protection

7.1 Netstream shall undertake to take into account the Swiss Data Protection, Data Backup and Telecommunications Act in processing personal data.



7.2 Netstream may pass on customer data to selected third parties for invoicing, collection and rendering contractual services. Netstream shall ensure that these likewise comply with the legal regulations regarding data.



7.3 Netstream may use the personal information of the subscriber for its marketing or provide them to selected partners. Netstream shall pledge that it and any third parties treat the personal information confidentially.



8. Final provision

8.1 Amendments or supplements of this Service Agreement must be in writing, require reference to the provision to be amended and the legal signature of the contracting parties.



8.2 In the event of contradictions of different language versions of the individual contractual documents, only the German version shall be decisive. Netstream shall reserve the right to provide the specification documentation to the subscriber only in German as the authoritative version.



8.3 Should a provision of the agreement concluded with the subscriber become void or legally invalid, the other provisions shall continue to apply. The void or legally invalid provisions are in this case to be replaced by an effective provision, which in its economic effect comes as close as legally possible to that of the ineffective provision.



8.4 Netstream shall reserve the right to amend these GTC at any time. Amendments shall be disclosed to the customer in letter form and via the Internet at www.netstream.ch. Should the customer suffer considerable disadvantage as a result of amendment of the provisions, it shall be entitled to terminate the agreement upon entry into force of the amended provisions. The right to termination shall lapse with the entry into force of the amendment.



8.5 Applicable law and place of jurisdiction: the service agreement is subject to Swiss law. The place of jurisdiction is agreed as the company headquarters of Netstream at the time the lawsuit is filed. This is subject to any mandatory place of jurisdiction.



Status: 1 January 2013