swissnet AG / Status 06/2021

1. Scope of application & changes

1.1 Scope of application:

These General Terms and Conditions (GTC) apply to all services and products (hereinafter referred to as “services”) provided by swissnet ag (hereinafter referred to as “swissnet”) in the area of telephony and data transmission, regardless of whether they are provided free of charge or for a fee. Special contractual provisions take precedence over these GTC. The current version is published on the Internet at www.swissnet.ch. These contractual provisions are part of the contract concluded between swissnet and the customer (the customer is any natural person, legal entity or partnership). The customer’s terms and conditions of purchase do not apply.

1.2 Amendments to the General Terms and Conditions

Terms and conditions:

swissnet is entitled to amend the GTC and the other contractual provisions at any time. If the customer is significantly disadvantaged by the amendment of the GTC, he is entitled to terminate the contract as of the entry into force of the amended GTC if swissnet does not remove the disadvantage on the part of the customer.

2. Start, validity & termination

2.1 Commencement of the contract: As a rule, the contract enters into force upon acceptance by swissnet. In any case, the contract begins when the service is used by the customer. swissnet reserves the right to make the conclusion of the contract dependent on the provision of a security.

2.2 Validity of the contract:

Contracts concluded for an indefinite period can be terminated at any time, but with a notice period of 1 month to the end of a month. Contracts with a fixed term must be terminated with a notice period of 3 months to the end of the month in which the contract ends. If no notice of termination is given in writing by registered mail for a specific contract term or for contracts with an indefinite term, the specific term of a contract shall be tacitly extended by 12 months after its expiry.

If the customer purchases several services from swissnet, he must specify the service that is to be terminated.

2.3 Contract extension and early
contract adjustments

Contracts that are extended or adjusted before the end of their term can be adjusted,
or extended at the earliest 3 months before the regular end of the contract.

2.4 Termination by customers :

Cancellation must be made by registered letter and in writing. In the event of termination of a contract outside of the contract term, swissnet may charge an additional flat rate of CHF 85 per registered individual landline number. Each individual number and each individual number of a number block is deemed to be an individual fixed network number. In addition, all basic fees will be charged until the end of the normal contract term.

Basic fees consist of:

Telephony subscription, additional options, Internet subscription, telephone system subscription.

Notice of termination must be given 3 months before the end of the agreed contract term.

2.5 Extraordinary termination by

swissnet:

swissnet reserves the right, in the event of repeated violation of the

provisions of the contract or these contractual provisions, or in the event of unlawful use of the services by the customer, to terminate the contract without notice. The contract termination fees in accordance with section 2.3 shall apply in addition to any claims for damages against the customer.

3. Pricing, invoicing &

Terms of payment

3.1 Pricing:

The current and binding prices are based on the applicable swissnet price list or tariff structure or the individually concluded contract and are published on the Internet at www.swissnet.ch.

swissnet is entitled to change these price lists or the type and scope of the services. swissnet also reserves the right to react immediately to changes on the part of the market and adjustments by suppliers, such as changes to the clocking, adjustment of fees or similar. Changes in accordance with section 5.3 remain unaffected by this.

3.2 Invoicing:

swissnet determines the design and content of the invoices and individual call statements. swissnet is entitled to postpone invoicing for small invoice amounts.

3.3 Default of payment deadlines:

The invoiced amounts must be paid by the payment deadline stated on the invoice at the latest. The date of payment is also determined by the date on which the amount is credited to swissnet’s account. If no or incomplete payment is made, the customer shall be in default without further reminder.

3.4 Consequences of default:

If the customer is in default in accordance with section 3.3, swissnet will charge the customer 6% default interest on the amount not paid and will collect the interest with a subsequent invoice. swissnet is entitled to charge at least CHF 30 per reminder. Further fees remain reserved. The provisions of this section also apply if swissnet has the debt collection carried out by third parties. swissnet is entitled to pass on to third parties the customer data necessary to substantiate and assert the claims against the customer. Section 5.4 applies to the right to block in the event of default.

3.5 Credits & subsequent debits:

If prices have not been charged to the customer, or have been charged incorrectly, swissnet will demand payment of the missing amount or issue the customer with a corresponding credit note. Interest will neither be debited nor credited. No credit note will be issued if the invoice is approved in accordance with section 4.2.

3.6 Transfer of rights & obligations,

Prohibition of offsetting:

The transfer of rights and obligations requires the prior written consent of swissnet. The customer is not entitled to assign claims to which it is entitled against swissnet or to offset them against swissnet’s claims.

4. Duties & obligations of the customer

4.1 Payment of invoices:

The customer is obliged to pay in due time for the services provided, the prices listed in the respective valid price list, with the respective tariff, or the price agreed in writing in the contract with swissnet. All prices are owed regardless of whether the services are used or not and regardless of whether they are used by the customer himself or by authorized or unauthorized third parties.

This also applies to goods or services offered via addressing elements for value-added services and obtained or ordered via his connection.

4.2 Examination and objection of

Invoices:

The customer must check swissnet’s invoices immediately upon receipt and report any complaints to swissnet in writing or by fax within 5 days of the invoice date, stating the reasons. If there is no complaint, a late complaint or a complaint that does not comply with this section, the invoice is deemed to have been approved. In this case, the customer is obliged to pay the invoiced amount.

4.3 Lawful use:

The customer is obliged to ensure that the services provided by swissnet are not used for illegal purposes. The customer must take the necessary measures to prevent unauthorized interference with third-party systems. If an end device of the customer causes disruptions or damage to the systems of swissnet or third parties, swissnet may discontinue the provision of services without prior notice and without compensation and claim damages. Section 5.4 applies to the right to block services.

4.4 Ensuring the admissibility of a

detailed billing:

The customer is obliged to ensure that he has the authority to obtain detailed information about the use of the ordered services. The customer undertakes to provide swissnet at all times with his current data such as name, company and address data, as well as all necessary relevant data for billing and payment procedures and to notify swissnet immediately of any changes online, in writing or by fax.

5. Services provided by swissnet

5.1 Availability and use of the

Services: swissnet undertakes to provide the
services in accordance with its service description. Interruptions necessary for operational reasons in accordance with section 5.2 and the blocking of services in accordance with section 5.4 remain reserved.

5.2 Operationally necessary interruptions:

swissnet reserves the right to carry out operationally necessary measurements and network modifications, equipment upgrades, periodic short functional tests and similar work and to interrupt the lines and their services for short periods for this purpose.

5.3 Customization of services:

swissnet is entitled to adjust its services without prior notice if this is required by law or an official order.

5.4 Blocking of services:

swissnet is entitled to block the services at its own discretion as long as the customer is in default in accordance with section 3.3, or if the services are used for illegal purposes. The customer shall not be entitled to any claims for damages, or to the refusal or reclaiming of payments or other services as a result of a block.

swissnet expressly reserves the right to block the services in other justified cases. Furthermore, swissnet reserves the right to charge the customer at least CHF 50 for blocking and/or unblocking. If the outstanding amounts are paid, the services can be unblocked again against payment of a fee.

6. Liability of swissnet

swissnet is only liable to the customer for breaches of contract and associated tortious acts in cases of intent or gross negligence. swissnet is only liable for its auxiliary persons if they have caused damage intentionally or through gross negligence. All damages in the area of non-achievement by the telephony or Internet products [Preselect, Router, Internet, VoIP] in the event of disruptions are completely excluded, as swissnet makes every effort,

faults quickly. As swissnet’s partners also have an influence on the duration of fault clearance, swissnet cannot guarantee that faults will be rectified within the specified time. No liability is accepted for downtimes and expenses incurred by the customer.

7. Other agreements

The customer waives his contractual rights with regard to all claims against swissnet. Subsidiary agreements, amendments and supplements to this contract, in particular to the GTC, namely this clause, must be made in writing in order to be valid. The provisions in section 8 of the GTC remain reserved.

8. Intellectual property rights

For the duration of the contractual relationship, swissnet grants the customer a non-transferable and non-exclusive right to use the services and products provided by swissnet in accordance with these GTC and the other contractual provisions. All corresponding intellectual property rights remain the property of swissnet or the licensor. If a customer violates the license rights of third parties in this context and swissnet is held liable for this, the customer must indemnify swissnet for this.

9. Telecommunications secrecy & data protection

swissnet maintains telecommunications secrecy and uses customer data in compliance with data protection. swissnet stores and processes customer data for the provision of its services. swissnet may process customer data in Switzerland and abroad, or have it processed by third parties, insofar and as long as this is necessary for establishing the connection and receiving the fee. swissnet is entitled to carry out billing and processing of customer data abroad. As part of the processing of company and personal data required for the conclusion or execution of a contract, swissnet may exchange data with authorities and companies entrusted with debt collection or credit information, or transfer data to them if the exchange or transfer is for the purpose of checking creditworthiness or asserting claims. Customers agree that swissnet may use their data for the needs-based design and development of its services, marketing activities, customer profiling and for customized offers and that their data may be processed for the same purposes within the group of companies and used to contact them.

The customer may prohibit the processing of his data for marketing purposes at any time. A corresponding notification can be sent in writing to the following address, stating the customer number:

swissnet AG, Data Protection,
Andhauserstrasse 62, 8572 Berg TG

10. Applicable law & place of jurisdiction

Swiss law applies to all legal relationships between swissnet and its customers. Subject to mandatory places of jurisdiction, Weinfelden TG is agreed as the exclusive place of jurisdiction. swissnet has the right to appeal to the competent court at the customer’s domicile or place of residence and to sue the customer there.

swissnet AG
Andhauserstrasse 62
8572 Berg

© swissnet GTC – Status 2021-06