“Safe Swiss Cloud“, “we“, “us” and “our” refers to Safe Swiss Cloud AG with registered office in Thalwil, Switzerland and its partners and contractors.
“Service“, “Cloud” or “Products” refers to a package of infrastructure services being provided by Safe Swiss Cloud in return for a subscription.
“Client“, “you“, “your” refers to the subscriber/buyer of a Safe Swiss Cloud Service or user of the Website.
“Parties” refers to Safe Swiss Cloud and Client.
Agreement governs all use of Website and all content, services and products available at or through Website owned and operated by Safe Swiss Cloud. Website and Service is offered subject to your acceptance without modification of all of the terms and conditions contained in Agreement.
Who: Website and Service is available to business only. Sign-ups by “bots” or other automated methods of sign-up are prohibited. Safe Swiss Cloud reserves the right to terminate accounts that are not registered by human users (e.g. bots) any time.
Billing: Service will be billed monthly until it is cancelled.
Licensing for Microsoft products: Our partner agreement with Microsoft requires our clients to exclusively license Microsoft products for use in Safe Swiss Cloud from us. We are required to report our clients’ use of Microsoft licenses on a monthly basis to Microsoft. We therefore require Clients to report their usage of Microsoft licenses in a given calendar month to us by the 1st of the following calendar month. Pricing of these software licences via Safe Swiss Cloud are subject to changes whenever the software manufacturer adjusts licence prices. Client is liable for misuse of licensed software.
Cancellation: The service can be cancelled anytime. The account data will be kept for another 60 days and then deleted.
No Risk Period: There is a 30-day no risk period starting on the sign-up date. If the service is cancelled within these first 30-days for whatever reason, any billings upto a maximum of CHF 120.- (EUR 100.-) applicable within the first 30-days will not be charged.
Free Offerings: Safe Swiss Cloud reserves the right to discontinue such offerings anytime with 30 days prior notice through its Website.
Refunds: No refunds will be made under any circumstances, except for cancellations within the first 30-days. No partial refunds will be made.
Restrictions: Safe Swiss Cloud is not available to companies, organizations or individuals domiciled in the United States of America.
Support: The default level of support for the service will be provided on a best effort basis. Additional levels of support can be purchased separately. Support will be provided in English.
Service level: The default level of service is provided “as is” (self-service). Additional levels of service can be obtained by purchasing managed service packages from Safe Swiss Cloud.
Privacy: Safe Swiss Cloud will not pass any Client data collected at Signup or Client’s system data to any third parties unless required to do so by law, court order or when cooperation with law enforcement agencies is required by law. Safe Swiss Cloud adheres to the laws and regulations governing data protection in Switzerland, including the Swiss Federal Data Protection Act (DPA), the Swiss Federal Data Protection Ordinance (DPO) and Federal Data Protection guidelines. Respect for the privacy of individual and company data is required by Swiss law: SR 235.1 Federal Act on Data Protection and Safe Swiss Cloud computing resources and data are accordingly only accessible to our client or parties authorized by them or Safe Swiss Cloud. In the European Commission Decision 2000/518/EC (Official Journal L 215/1 of 25.8.2000) the Commission states that Swiss law provides adequate protection of personal data and data transfers from Member States to Switzerland are therefore, permitted under Art. 25(1) of the EU Directive. Safe Swiss Cloud exclusively uses Swiss data centers, which meet the Banking outsourcing requirements of the Swiss financial regulator FINMA.
Communications: the email account specified by Client will be used to communicate all administrative issues including billing and payments. This account will occasionally receive product and service updates as well as usage and security information.
Client Data: All data generated and stored by the client using the Service belong to the client, as long as the data does not belong to a third party (E.g. copyright protected data).
Reselling: Services may be resold, but some restrictions may apply. If you are reselling, your clients will need to agree to these Terms of Service or their equivalent. Please contact us to find out more about reselling any of the services and how we can help you.
Abuse and Exclusions: The service may not be used for any kind of attacks or activities which cause harm to the normal operations of other Internet properties or Safe Swiss Cloud. These include but are not limited to sending unsolicited emails (“spam”), for denial of service (“DoS”, “DDoS”) attacks or any kind activity harmful to third parties or Safe Swiss Cloud. Service may not be used for activities that are criminal, illegal, incite hatred or violence, or violate universal human rights. In all cases of abuse of Service including harmful activity not explicitly mentioned here, Safe Swiss Cloud reserves the right to terminate Service immediately.
Limitation of Liability: In no event will Safe Swiss Cloud, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by Client to Safe Swiss Cloud under this agreement during the twelve (12) month period prior to the cause of action. Safe Swiss Cloud shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Disclaimer of Warranties. Service and Website are provided “as is”. Safe Swiss Cloud and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Safe Swiss Cloud nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through Service or Website at your own discretion and risk.
Indemnification. You agree to indemnify and hold harmless Safe Swiss Cloud, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Service or Website, including but not limited to your violation of this Agreement.
Governing law and jurisdiction: Parties agree that this Agreement will be governed by the laws of Switzerland and that the courts of the Canton of Zürich, Switzerland have sole jurisdiction over any disputes between Parties.
Changes. Safe Swiss Cloud reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of Service or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Safe Swiss Cloud may also, in the future, offer new services and/or features through Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Last change date: 26 June 2015
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