General Terms & Conditions
1. Contractual conditions
The General Terms and Conditions of Business (hereinafter referred to as GTC) serve as the legal basis for the duration of the contractual relationship between Xelon AG, 6340 Baar, Switzerland (hereinafter referred to as Xelon) and the customer (for the sake of simplicity only, the female form is not mentioned), who orders a product offered by Xelon by using the respective form provided for this purpose. The GTC are subject to Swiss law with Xelon's place of business as exclusive place of jurisdiction.
The contractual relationship shall come into effect with the commissioning by Xelon based on the online or fax order placed by Customer. The customer will receive an e-mail confirming the start of operation; this date shall be deemed the start of subscription or contract. Xelon reserves the right to consider an order as expired after two months without receipt of payment.
The contract period is 1 year unless otherwise defined in the order form or service agreement. After expiry of this period, the subscription or contract (hereinafter referred to as the contract) is automatically renewed for the selected contract period, unless one of the contracting parties terminates the contract at least 30 days before expiry. Domain names: Xelon merely acts as an intermediary between end customer and registry. The registration must be renewed annually by prior payment. If the domain is not renewed by payment two days before expiration, it expires automatically. The customer will be charged for any subsequent cancellation of such a deletion.
In addition to the general terms and conditions, the conditions of use at the end of this document are also a fixed part of the contract. domain names: Here the guidelines of the respective registry apply.
Agreements that partly deviate from or supplement the GTC are only valid on the basis of an order or contract document signed by both parties in writing and have no influence on the applicability of the remaining provisions.
2. Terms of payment
The prices published at www.xelon.ch are generally applicable. Xelon reserves the right to adjust them at any time due to changed circumstances. Such changes are only valid for existing contracts when they are extended, whether to the customer's advantage or disadvantage. The reimbursement of prepaid costs is excluded in such a case or in case of a premature termination of the contract at the customer's request.
2.2 Payment deadline
The first invoice will be issued after the conclusion of the contract. . If the contract is extended, the following period will be invoiced approximately 30 days before the end of the contract.
Domain names: For renewal, payment must be made at least two days before expiry, otherwise the domain will be deleted. (see point 1.3)
2.3 Payment method
The payment method is determined by the customer himself when ordering under the given selection, this applies in principle also to any orders of options and subsequent contract extensions. The method of payment can be changed at any time at the request of the customer. In case of settlement by bank transfer, the customer will receive an invoice by mail. Customers with foreign domicile or credit card payment will receive an invoice or payment confirmation by e-mail. If the customer wishes to be invoiced by credit card, he authorizes Xelon to charge the credit card at the beginning of the contract. If the contract is extended, Xelon shall be entitled to charge the customer's credit card up to 30 days before the contract expires, so that the customer can be informed early enough in case of failed payment.
2.4 Money back guarantee
We offer a one (1) month money back guarantee on all new shared webhosting and reseller contracts with Xelon. This runs from the start of the contract and ends 30 days later. During this period, the customer can withdraw from the contract without giving reasons. The Money-Back-Guarantee cannot be applied to other offers such as Dedicated/Virtual/Managed Servers, Housing or offers of third parties, such as domain names or certificates.
3. Rights and obligations of Xelon
Xelon is responsible for the provision of services according to the offer claimed by the customer, whose product description is published at www.xelon.ch. Xelon is free in all matters concerning the type and manner of the environment necessary for these services, for example, domestic and foreign companies or third parties may be involved. Xelon also reserves the right to make changes in this respect at its own discretion.
Xelon reserves the right to adapt the GTC, further parts of the contract according to section 1.4 or an offer or individual parts thereof to changing circumstances at any time without notice. Unless otherwise announced, such changes shall take effect immediately. Reference is made in this regard to section 4.1.
3.3 Disabling of services
In case of non-compliance with an obligation of Customer according to clause 4 - whether intentionally, unknowingly or through third party fault - Xelon shall be entitled to immediately block or remove the respective account, server, service, content, program, etc. By remedying the grievance, the customer can, if necessary, free himself from the respective sanction taken. In case of a serious or repeated violation of a duty, Xelon reserves the right to terminate the contract without notice and compensation as well as to take legal action against Customer.
Xelon shall be entitled to send all notifications to Customer by e-mail, including but not limited to announcements regarding product innovations or technical maintenance work, payment reminders, setup or termination confirmations, lost access data, etc. If Xelon has a contact address that is no longer valid since Customer's order, Xelon shall be entitled to make additional queries of entries (administration interface provided by Xelon, public WHOIS database for domain names, etc.) with which the contact address can be assigned as uniquely authorised.
4. Rights and duties of the customer
4.1 Special notice of termination
The customer has the right to terminate the contract without notice with a claim to a pro-rata refund of prepaid costs for the remaining term of the contract, if the customer suffers a disadvantage as a result of a change pursuant to Section 3.2, which would have prevented him from concluding the contract at the time of the order, which the customer must credibly prove.
The customer is obliged to pay the costs for the entire duration of the contract, subject to the provisions of section 2.
4.2.1 Additional work
Work that does not fall within the scope of Xelon's tasks or the respective product's applicable catalogue of services may be rejected by Xelon or Customer may be invoiced according to the hourly rates customary in the industry, usually calculated in units of half an hour. An example of such a chargeable service could be an emergency reboot of a dedicated server on site in the data center.
In the case of products with limited data transfer volume, if the respective limits are exceeded during a calendar month, the customer will be charged for the additional traffic incurred in the following month in accordance with the published price.
4.3 Use of the system
The customer is obliged to make proper use of the services offered to him in compliance with section 1.4. In the event of resale or transfer of certain rights of use free of charge, the customer is responsible for informing the respective third party and is generally also liable for the latter.
For products without limited data transfer volume, the customer waives the operation or direct or indirect promotion of so-called adult and download sites or content, sound streams, etc. Exceptions are only possible with Xelon's consent, which can be revoked at any time. Furthermore, Customer waives the execution of programs or scripts or the operation of sites which impair the system and network resources to the disadvantage of other customers. Furthermore, Customer is obliged to comply with the storage space limit.
The customer himself is solely liable for all content and actions in connection with the account or server used by him. With the exception of intent and gross negligence on the part of Xelon, whereby the claim shall be limited solely to the direct damage suffered and the equivalent value of the services claimed, as well as any performance guarantees granted, Customer waives any kind of liability claims against Xelon in case of business interruptions, failures of individual services, data insecurity or loss, etc., but shall not exclusively claim damages.
4.5 Contact addresses
Customer is obliged to notify Xelon of changes of address (e-mail or mail) in order to prevent difficulties in contacting Xelon.
1. Use of the services
1.1 Infringement of rights
All data, content and activities as well as the promotion of or participation in such that violate Swiss law are prohibited. This includes the publication or distribution of data protected by copyright or distribution law.
The publication or distribution of racist content or backgrounds is not permitted. Xelon has the right to decide on the definition of racist content or backgrounds in ambiguous cases.
1.3 Misuse and abuse
Activities as well as the promotion of or participation in such, which are considered unwelcome according to generally known Internet rules of conduct (Netiquette / RFC1855), are not permitted. This includes the (multiple) unsolicited distribution of unwanted messages (spam, UCE etc.) as well as attacks against other systems connected to the Internet (DDoS attack, spoofing etc.). Xelon is entitled to the definition of netiquette and its components. Furthermore, the customer shall refrain from excessive bandwidth consumption, i.e. if the available network resources are impaired to the disadvantage of other customers.
1.4 Obligations of the customer
Customer shall be obliged to take suitable precautions to avoid the illegal use of the Services and to immediately inform Xelon of all findings suitable to avoid the misuse of its Services. He shall indemnify Xelon for all claims raised against Xelon in connection with the use of its services by Customer and the persons supervised by Customer. The customer renounces the excessive use of system resources which has a negative effect on other customers.
2. Electronic mail
Customer is responsible for the content of the messages he/she sends using a service of Xelon. Customer shall indemnify and hold Xelon harmless in case third parties assert claims against Xelon in connection with the transmission of messages by Customer.
2.2 Sending of unsolicited communications
The sending of annoying e-mails, in particular the sending of identical unsolicited messages to a large number of addressees, is prohibited (spamming). The falsification of header information in Usenet messages (spoofing) and the publication of the same or similar messages in several electronic discussion forums (news groups) such as "Usenet Spamming", "Excessive Multi-Posting" and "Excessive Cross-Posting" are prohibited. The use of a third-party mail server as a distribution station (relay) for the distribution of electronic messages is prohibited without the prior written consent of the owner of the mail server.
3. Security guidelines
3.1 System security breach
Violations of system and network security constitute breaches of contract for which the customer is liable under civil law. If the necessary prerequisites are met, the customer is also liable under criminal law. In these cases, Xelon reserves the right to file criminal charges with the competent prosecution authorities. In particular, the following actions constitute breaches of contract by Customer, which may also lead to criminal prosecution:
Unauthorised access to or use of data, systems and network elements, the examination of the vulnerability of system or network competence without prior consultation (scanning) or the attempt to break security and automation measures without prior written permission from the competent authorities or the network owner (sniffing). Interference with the systems of Xelon and your customers, especially by means of mail bombs, mass mailings and other attempts to overload the system (flooding).
Manipulation of control information in TCP/IP packets (packet headers), e.g. the TCP/IP addresses or an information in the control part (e.g. address of recipient/sender), in an electronic message or in a newsgroup entry.
3.2 Use of access data
The passwords or other identification parameters provided to the customer are intended for personal use by the recipient and must be treated confidentially. Xelon may rely on the fact that the person using an identification parameter is authorized to do so.
4. Prosecution of violations
4.1 Settings of services
Xelon may suspend the provision of services and access to the network if any act or omission by Customer endangers or appears to endanger the normal functioning or security of the network through which Xelon provides the services, or if Customer violates the contract (including these Guidelines) with Xelon. Customer shall be charged for the effort involved in clarifying such violations. Customer acknowledges that Xelon may have to disclose Customer's identity to third parties (e.g. law enforcement agencies) in case of a violation of these guidelines.
5. Notifications and amendments
5.1 Customer's duty to notify
Customer shall be obliged to inform Xelon immediately about any defects, malfunctions or interruptions of services, installations or software that have come to his knowledge, including all cases of illegal and/or contractually violating use of the service by third parties (e.g. hackers).
Notifications in connection with the guidelines set out here should be sent to: firstname.lastname@example.org
5.3 Subject to change
Xelon reserves the right to change these guidelines according to the principles set forth in the applicable GTC
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