TERMS & CONDITIONS
1.1 The purpose of these General Conditions (GCs) is to define the conditions under which SICREX sagl (thereafter, SICREX) undertakes to host, via the VIXIT Division services the sites of its Customers as well as the respective responsibilities of the parties.
1.2 Any order for a VIXIT service implies customers’ acceptance of these GCs as well as the domain name as indicated in the order.
1.3 These GCs are valid for all contractual arrangements provided by SICREX, except on written agreement between parties.
1.4 If any terms of these GCs become or were to become invalid or void, the validity and effects of the remaining terms remain unchanged. In such a case, the defective term shall be interpreted or supplemented, so that the purpose of these GCs is achieved as closely as possible.
2. Scope of services and modification
2.1 The scope of services and contractual conditions are detailed:
– a) in the list of services and prices available on www.vixit.ch;
– b) in the customer’s order form;
– c) as well as in these GCs.
2.2 These GCs can be modified at any time by SICREX.
– a) The changes come into effect as soon as they are posted on the website www.vixit.ch.
– b) The customer may object, via writing, within thirty days of receiving the notification of the new GCs.
– c) In case of opposition, the Contract is terminated with immediate effect.
– d) The unused portion of the service will be refunded excluding the costs related to the reservation of domain names.
2.3 SICREX reserves the right to extend, modify or reduce the services provided at any time; unless otherwise stipulated, an opposition is possible under the same conditions as in the preceding rules.
3. Obligations of the client
3.1 The customer is obliged to respect the Swiss legislation as well as the international conventions in force; in particular, the following contents are prohibited:
– a) Representations of violence under the Article 135 of the Penal Code (hereinafter CP);
– b) Writings, sound or visual recordings, images or other objects or representations having as content, sexual acts with children, animals, human excrement or including acts of violence under the Article 197 CC;
– c) Public provocation to crime or violence under the Article 197 CC;
– d) Racial discrimination under the Article 261a CP;
– e) Instructions or instigation to criminal acts;
– f) Prohibited lottery under the federal law on lotteries and professional betting;
– g) Information in any form that does not respect copyrights or other intangible rights;
– h) Warez sites, illegally providing protected content;
– i) Sites promoting hacking or cracking;
– j) Sites distributing access passwords, such as pornographic sites or cracked software;
– k) File Download Centers;
– l) MP3 files with copyright;
3.2 The following practices are strictly prohibited:
– a) Spamming: sending bulks of unsolicited email messages, without indicating the real sender and without any possibility to unsubscribe from the mailing list used;
– b) The use of false email addresses;
– c) Trolling: Sending insulting messages generating many answers;
– d) Mailbombing: sending in large numbers to a single recipient of one or more messages without significant content;
– e) The registration of a person to a mailing list without his consent;
– f) Cross-mailing articles to an excessive number of newsgroups;
– g) Attempts to penetrate a secure computer system without authorization;
3.3 The Customer ensures that all measures are taken to prevent a person under the age of 16 or 18 years access to information, which is not intended for him.
3.4 The customer is solely responsible for the content of the pages distributed; he undertakes to take care of all the sums (legal and litigation costs, damages and interest, etc.) generated by any lawsuit against SICREX and to compensate SICREX for the damage resulting from his behavior.
3.5 In case of violation of these terms or for any other reason relating to the content of the site, SICREX reserves the right to stop immediately the diffusion of the website without notice or justification and to terminate the Contract if necessary with immediate effect; no refund or compensation will be due to the Customer.
3.6 The use of the memory, processor and disk input/output resources of a shared hosting account must not disturb the performance of the service for the other users of the server.
3.6.1 In case of misuse, the customer is notified, and a Contract amendment is proposed by SICREX; the customer has a period of two weeks upon notification of changes proposed by SICREX to terminate the Contract in writing without any fees; the current subscription remains due.
3.6.2 In case the customer does not reply, the changes are considered accepted and are valid from the following month.
3.6.3 SICREX reserves the right to delete any script that does not comply with the instructions for the proper use of the service (see articles 3.1a to 3.1.l, 3.2.a to 3.2g, 3.3, 3.4, 3.6).
3.7 The transfer of a domain name consists of the technical transfer of provider (DNS) and not the transfer of the effective ownership of the right of use.
– a) The customer claims to own this right of use when requesting the transfer of a domain name or is properly mandated by the above-named owner.
– b) SICREX makes the request in collaboration with the customer to make the technical change.
– c) SICREX cannot be held responsible for the impossibility of transferring the domain name or resulting delays; this impossibility does not systematically invalidate the hosting Contract; SICREX is therefore bound for this purpose only by an obligation of means.
– d) SICREX cannot be held responsible for the non-attribution of a domain name following the order of the customer.
3.8 Invoices are due up to thirty days.
– a) One week after the expiration of an open invoice, a single reminder is sent as an e-mail warning to the customer that a period of one week is granted for him to pay his bill.
– b) Fifteen days after the expiration of an open invoice, the account is automatically blocked (messaging, web, ftp, etc.).
– c) Without customer’s news within thirty days after the expiration of the invoice, the Contract will be terminated with immediate effect and the data will be irrevocably destroyed, without any compensation or damage claimable by the customer.
– d) The unlocking of a blocked account following an open invoice can only be done upon receipt of the electronic proof of payment (confirmation from our bank, the Post Office, online payment by Paypal, Credit Card, etc.) of the amount of subscriptions plus CHF 20.00 deblocking fee; no other indication of payment will be taken into the account.
3.9 The Customer agrees to maintain a valid postal correspondence address at all times and a functional email address that is regularly updated.
– a) SICREX makes all important communications exclusively through email address as per article 3.9.
– b) Postal boxes must always be accompanied by the real address (street and number) of the company or individual signing the Contract.
4. Responsibilities of SICREX
4.1 SICREX is only liable for damages when the said damages can be attributed to its products or services and when they have been caused intentionally or in case of serious misconduct. The liability of SICREX is excluded in case of force majeure or fortuitous event.
4.2 SICREX does not take any responsibilities for damages that have been caused to the customer by his own fault. It is the same in case of damage due to computer viruses or to possible technical problems beyond its control, such as cutoff, line overload, hardware failure, data loss, etc.
4.3 SICREX is not responsible for service suspensions, due to a lack of repairs, maintenance, infrastructure changes, or the installation of new or other technologies.
4.4 SICREX strives as much as possible to avoid these interruptions or to make them as short as possible.
4.5 In any case, SICREX’s liability is limited to direct damages. Liability for consequential damages of any kind, especially for missed profits, is excluded.
5.1 SICREX processes the personal data of its customers in accordance with the Federal Data Protection Act (DPA).
– a) The collected data are not transmitted to third parties unless a legal obligation (see below) or a decision of a swiss authority requires it.
– b) The customer is informed that when booking a domain name, his personal data (name, address, phone number) will be transmitted to the registrar and published in accordance with the obligation imposed by ICANN (Internet Corporation for Assigned Names and Numbers), the global authority on domain names.
– c) The customer can, however, request that his data remain confidential (against payment of a lump sum). SICREX will then reserve the domain name by providing its own contact information in accordance with a confidentiality agreement defined by the following terms:
– a) SICREX undertakes, unless stated priorly underwritten form a consent by a Customer, not to reveal or otherwise disclose the surname, first name, and the address of the latter (hereinafter: the protected information) to any third party.
– b) SICREX also undertakes to take all necessary and reasonable measures to preserve the confidentiality of the protected information.
– c) SICREX will take all necessary measures with respect to its employees to ensure compliance with the confidentiality obligation referred to in Article 1.1.
5.3.a SICREX is entitled to disclose the protected information in case of violation of the terms and conditions, even if the violation is not attributable to the customer. The protected information will be disclosed to Swiss authorities only.
5.3.b SICREX is also entitled to disclose protected information if a violation of the legal terms of Swiss law is found. The protected information will be disclosed to Swiss authorities only.
5.3.c SICREX is exonerated of any liability if the disclosure has taken place without fault on its part.
6. Termination and duration of the Contract
6.1 The agreement is concluded for a duration of 1 (one) year.
6.2 The agreement is renewable and cancellable under the same conditions as the Contract for hosting or leasing the domain name to which the agreement is associated.
6.3 The confidentiality obligations will survive 5 years from the end of the Contract to which the agreement is linked.
6.4 The hosting Contract is concluded for a duration fixed at the time of the order and indicated on the invoice; it’s implicitly renewed for the same duration but can be terminated by a written notice of one month prior to the renewal date and with confirmation of receipt of SICREX.
6.5 A change in the duration of the Contract is possible only when the Contract is renewed.
6.6 An early termination by the customer is possible at any time, by means of a letter with a precise indication of the day of deactivation of the desired Contract. This termination does not involve any refund. The invoices due until the end of the Contract remain in their entirety.
6.7 In case of violation of a clause of these GCs, SICREX reserves the right to terminate the Contract immediately, without notice, without refund, compensation and without recovery of data by the customer.
7. Free trial, test account and right of withdrawal
7.1 Some services from SICREX, with the exception of domain names, can be tested for free as follow:
– a) VIXIT CryptoStorage: 7 days;
– b) VIXIT Webhosting: 7 days;
– c) VIXIT e-Vault: 7 days;
– d) VIXIT K-Ring: 30 days
7.2 SICREX is free to refuse any test request without giving the reason.
7.3 Any order can be canceled within 30 days. The cancellation request must be made in writing.
7.4 The domain name fees resulting from a test order or canceled order remain due. A domain whose price is included in a canceled hosting will be charged for one year at the price indicated on the website VIXIT.ch .
8. Applicable law and jurisdiction
8.1 Swiss law is applicable.
8.2 Any dispute relating to the validity, interpretation, performance or termination of the Contract between SICREX and its Customer will be submitted to the competent courts of the Canton of Grisons, Switzerland.
Last update : 2020-01-30