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General Terms and Conditions
General Terms and Conditions
This is a translation. For all legal questions, the German version is binding.
1. Subject
SINFOX AG is an information and communications technology company.
These General Terms and Conditions apply to all services and products that SINFOX AG provides or hands over to its customers (hereafter “customer”).
A customer is any natural und legal person who has entered into a contract with SINFOX AG. Other contract stipulations, such as service descriptions, service level agreements, user guidelines, etc., override the General Terms and Conditions in the case of conflicts. The currently valid General Terms and Conditions are published on the homepage of SINFOX AG at http://www.sinfox.com.
2. Services
SINFOX AG provides telecommunications services under the terms of a separate agreement. SINFOX AG is careful to provide services in accordance with its General Terms and Conditions and other contract terms. In order to provide services, SINFOX AG can at any time call in and/or commission third parties. SINFOX AG declines all liability for third parties and auxiliaries, as far as legally permissible.
The customer agrees that services may only be used if he/she meets the technical requirements. SINFOX AG decides at its own discretion whether the requirements are met and can refuse a customer’s registration on the grounds of failure to comply with the requirements or without stating reasons.
3. Equipment
Unless otherwise agreed, all equipment handed over to the customer is for the customer’s use alone, as long as the contract is valid, and remains the property of SINFOX AG. The terminals are transported at the cost and risk of the customer, unless otherwise agreed.
Unless otherwise agreed, installation of the terminals is the customer’s responsibility. SINFOX AG can provide an installation guide. SINFOX AG accepts no liability for incorrect installation.
Insurance of the terminals is the customer’s responsibility. The customer is liable for loss of and damage to the terminals.
The customer must notify SINFOX AG immediately of any breakdowns. SINFOX AG ensures replacement or repair as quickly as possible and decides at its own discretion between replacement and repair. The customer is not entitled to repair a terminal or have it repaired by a third party. No claims can be made for refunds or deductions from basic fees as a result of a terminal breakdown.
The customer undertakes to handle the terminal with care and use it in accordance with the terms of the contract. It is forbidden to sell, hand over or sublet the terminal. All use of the terminal other than that described in the contract is strictly forbidden, as are opening the casing and any change by the customer or a third party.
If the terminal is stolen or lost for any other reason, the customer undertakes to notify SINFOX AG forthwith, so that the contracted services can immediately be locked. The customer is charged for using the services until they are blocked.
If the contract is violated, SINFOX AG is entitled to shut down the terminal until contractual and legal requirements are again met.
SINFOX AG reserves the right to charge a fee for blocking services, and for shutting down and re-connecting the terminal.
4. Obligations of the customer
The customer undertakes to abide by the General Terms and Conditions and the relevant Swiss and international laws, and to follow all the usual safety precautions (see also 9, Security) when using the services and/or products. He/she is responsible for paying the fees by the agreed date (see 5). The customer is liable for the use of the agreed services by himself/herself and/or third parties, including unauthorised third parties.
The customer shall treat all contract information confidentially, namely PIN codes, passwords, user IDs, etc., and is liable for all damage resulting from disregard of this rule.
The customer undertakes to provide SINFOX AG in writing or by telephone with current data such as his/her name and address, and to inform SINFOX AG of all changes.
The customer undertakes to provide the address of the location where the terminal will be used to ensure that SINFOX AG can provide access to the correct emergency numbers, e.g. 117, 118.
The customer must note that location identification for access to emergency numbers is only possible from the given location. If the terminal is used in a different location, use of emergency numbers with location identification cannot be guaranteed.
In some countries, permission must be sought to operate internet telephony. The customer undertakes to gain permission from the respective authorities before SINFOX AG services are put into operation.
For details of insurance of terminals, see section 3, paragraph 3.
5. Prices and payment conditions
Current prices, which are binding, are published at
Excepted are different contracts agreed between the customer and SINFOX AG. SINFOX AG can change prices at any time and will inform the customer in good time. If the customer is severely disadvantaged by price changes, he/she can cancel the contract when it comes into force. This right expires as soon as the new prices are applicable.
Charges unrelated to use, such as basic charges, remain due even if services have been locked. If a customer’s ability to abide by the payment conditions is in doubt, SINFOX AG can request collateral security.
The customer shall pay the bills for all services provided by the date given on the bill or the due date. If no deadline or due date is given, payment is due within 30 days of invoicing.
The customer can object to a bill, stating the reasons in writing, up until the due date. If he/she does not do so, the bill is considered accepted. The bill must be paid in full even if objections have been raised. If the objections are accepted, SINFOX AG will refund the sum it has agreed to.
As soon as the payment deadline or due date has passed, the customer is in arrears, i.e. without a reminder. SINFOX AG is entitled to stop the services immediately and, following expiry of the first reminder, to cancel the contract immediately without further notice. The customer must return the terminals to SINFOX AG or provide SINFOX AG with access for dismantling.
SINFOX AG reserves the right to impose a fine and to charge a fee for locking services, and for shutting down and restarting the terminal.
6. Start, duration and cancellation of contract
The contract takes effect as soon as SINFOX AG has accepted the customer’s registration and no later than at the start of use by the customer. Unless otherwise agreed, the contract is unlimited. Unless otherwise agreed, the contract can be cancelled by either party by the end of a month with one month’s notice.
If a minimum contract period has been agreed and the customer cancels the contract before it ends, he/she must pay the fees due until it ends, even if he/she is no longer using the services.
7. Change of contract
SINFOX AG can modify the General Terms and Conditions, prices and services at any time. The customer will be informed in good time and in the appropriate form of the changes and of the date they take effect. If the customer should be substantially disadvantaged by the change, he/she has the right to cancel the service as from the date the change is implemented. The customer’s right to cancel the contract expires as soon as the change takes effect.
8. Data protection
SINFOX AG abides by the Swiss laws in the handling of customer data. SINFOX AG is entitled to pass on customer data to selected third parties in connection with the provision of services, for example service improvements, customer services, payments, etc.
SINFOX AG may use customer data for marketing purposes for itself and its selected partners.
9. Security
SINFOX AG shall take appropriate steps to ensure maximum security in its own and its customers’ interests. SINFOX AG can, however, provide no guarantee that its services are free from viruses, worms, Trojan horses, etc.
The customer shall be aware that the internet is not secure, and in particular that third parties can break into his/her computer system without permission. The customer shall take the necessary steps to prevent such intrusions and shall avoid all activities that could endanger system and network security. Disregard of these regulations will be considered violation of the contract. SINFOX AG declines all liability for any direct or indirect damage in this context.
10. Illegal or improper use and contract abuse
The customer undertakes to abide by the General Terms and Conditions, as well as all the usual terms of the contract and laws in the use of the services of SINFOX AG. In particular, the services may not be used for criminal acts.
SINFOX AG reserves the right to withdraw its services immediately in the case of suspected abuse or breach of the law, or abuse of the General Terms and Conditions, and to take legal action against the customer.
11. Liability
SINFOX AG wishes to provide its customers with high-quality services. However, it cannot guarantee freedom from breakdowns and stoppages or uninterrupted availability.
SINFOX AG is liable for damage sustained by the customer as a result of intentional or irresponsible action by SINFOX AG. SINFOX AG accepts no other liability for direct or indirect damage of any kind.
12. Intellectual property and other rights
SINFOX AG accords the customer for the duration of the contract a non-transferable and non-exclusive right to use the services made available by SINFOX AG in accordance with its General Terms and Conditions and other contract terms. All relevant material and intellectual property rights belong to SINFOX AG or its licensor.
13. Other agreements
The customer may transfer the contract or individual rights and obligations from the contract only with prior written consent from SINFOX AG. SINFOX AG is entitled to transfer the contract or individual rights or obligations from the contract without the consent of the customer.
Any modifications and/or additions to the contract, as well as any additional agreements, must be submitted in writing.
The customer waives all rights to deduct from bills any sums claimed from SINFOX AG.
14. Jurisdiction
Contractual agreements are subject to Swiss substantive law. The place of jurisdiction for all legal conflicts is Wollerau, with the exception of mandatory locations.
General terms and conditions of SINFOX AG (July 2008)
This is a translation. For all legal questions, the German version is binding.
1. Subject
SINFOX AG is an information and communications technology company.
These General Terms and Conditions apply to all services and products that SINFOX AG provides or hands over to its customers (hereafter “customer”).
A customer is any natural und legal person who has entered into a contract with SINFOX AG. Other contract stipulations, such as service descriptions, service level agreements, user guidelines, etc., override the General Terms and Conditions in the case of conflicts. The currently valid General Terms and Conditions are published on the homepage of SINFOX AG at http://www.sinfox.com.
2. Services
SINFOX AG provides telecommunications services under the terms of a separate agreement. SINFOX AG is careful to provide services in accordance with its General Terms and Conditions and other contract terms. In order to provide services, SINFOX AG can at any time call in and/or commission third parties. SINFOX AG declines all liability for third parties and auxiliaries, as far as legally permissible.
The customer agrees that services may only be used if he/she meets the technical requirements. SINFOX AG decides at its own discretion whether the requirements are met and can refuse a customer’s registration on the grounds of failure to comply with the requirements or without stating reasons.
3. Equipment
Unless otherwise agreed, all equipment handed over to the customer is for the customer’s use alone, as long as the contract is valid, and remains the property of SINFOX AG. The terminals are transported at the cost and risk of the customer, unless otherwise agreed.
Unless otherwise agreed, installation of the terminals is the customer’s responsibility. SINFOX AG can provide an installation guide. SINFOX AG accepts no liability for incorrect installation.
Insurance of the terminals is the customer’s responsibility. The customer is liable for loss of and damage to the terminals.
The customer must notify SINFOX AG immediately of any breakdowns. SINFOX AG ensures replacement or repair as quickly as possible and decides at its own discretion between replacement and repair. The customer is not entitled to repair a terminal or have it repaired by a third party. No claims can be made for refunds or deductions from basic fees as a result of a terminal breakdown.
The customer undertakes to handle the terminal with care and use it in accordance with the terms of the contract. It is forbidden to sell, hand over or sublet the terminal. All use of the terminal other than that described in the contract is strictly forbidden, as are opening the casing and any change by the customer or a third party.
If the terminal is stolen or lost for any other reason, the customer undertakes to notify SINFOX AG forthwith, so that the contracted services can immediately be locked. The customer is charged for using the services until they are blocked.
If the contract is violated, SINFOX AG is entitled to shut down the terminal until contractual and legal requirements are again met.
SINFOX AG reserves the right to charge a fee for blocking services, and for shutting down and re-connecting the terminal.
4. Obligations of the customer
The customer undertakes to abide by the General Terms and Conditions and the relevant Swiss and international laws, and to follow all the usual safety precautions (see also 9, Security) when using the services and/or products. He/she is responsible for paying the fees by the agreed date (see 5). The customer is liable for the use of the agreed services by himself/herself and/or third parties, including unauthorised third parties.
The customer shall treat all contract information confidentially, namely PIN codes, passwords, user IDs, etc., and is liable for all damage resulting from disregard of this rule.
The customer undertakes to provide SINFOX AG in writing or by telephone with current data such as his/her name and address, and to inform SINFOX AG of all changes.
The customer undertakes to provide the address of the location where the terminal will be used to ensure that SINFOX AG can provide access to the correct emergency numbers, e.g. 117, 118.
The customer must note that location identification for access to emergency numbers is only possible from the given location. If the terminal is used in a different location, use of emergency numbers with location identification cannot be guaranteed.
In some countries, permission must be sought to operate internet telephony. The customer undertakes to gain permission from the respective authorities before SINFOX AG services are put into operation.
For details of insurance of terminals, see section 3, paragraph 3.
5. Prices and payment conditions
Current prices, which are binding, are published at
Excepted are different contracts agreed between the customer and SINFOX AG. SINFOX AG can change prices at any time and will inform the customer in good time. If the customer is severely disadvantaged by price changes, he/she can cancel the contract when it comes into force. This right expires as soon as the new prices are applicable.
Charges unrelated to use, such as basic charges, remain due even if services have been locked. If a customer’s ability to abide by the payment conditions is in doubt, SINFOX AG can request collateral security.
The customer shall pay the bills for all services provided by the date given on the bill or the due date. If no deadline or due date is given, payment is due within 30 days of invoicing.
The customer can object to a bill, stating the reasons in writing, up until the due date. If he/she does not do so, the bill is considered accepted. The bill must be paid in full even if objections have been raised. If the objections are accepted, SINFOX AG will refund the sum it has agreed to.
As soon as the payment deadline or due date has passed, the customer is in arrears, i.e. without a reminder. SINFOX AG is entitled to stop the services immediately and, following expiry of the first reminder, to cancel the contract immediately without further notice. The customer must return the terminals to SINFOX AG or provide SINFOX AG with access for dismantling.
SINFOX AG reserves the right to impose a fine and to charge a fee for locking services, and for shutting down and restarting the terminal.
6. Start, duration and cancellation of contract
The contract takes effect as soon as SINFOX AG has accepted the customer’s registration and no later than at the start of use by the customer. Unless otherwise agreed, the contract is unlimited. Unless otherwise agreed, the contract can be cancelled by either party by the end of a month with one month’s notice.
If a minimum contract period has been agreed and the customer cancels the contract before it ends, he/she must pay the fees due until it ends, even if he/she is no longer using the services.
7. Change of contract
SINFOX AG can modify the General Terms and Conditions, prices and services at any time. The customer will be informed in good time and in the appropriate form of the changes and of the date they take effect. If the customer should be substantially disadvantaged by the change, he/she has the right to cancel the service as from the date the change is implemented. The customer’s right to cancel the contract expires as soon as the change takes effect.
8. Data protection
SINFOX AG abides by the Swiss laws in the handling of customer data. SINFOX AG is entitled to pass on customer data to selected third parties in connection with the provision of services, for example service improvements, customer services, payments, etc.
SINFOX AG may use customer data for marketing purposes for itself and its selected partners.
9. Security
SINFOX AG shall take appropriate steps to ensure maximum security in its own and its customers’ interests. SINFOX AG can, however, provide no guarantee that its services are free from viruses, worms, Trojan horses, etc.
The customer shall be aware that the internet is not secure, and in particular that third parties can break into his/her computer system without permission. The customer shall take the necessary steps to prevent such intrusions and shall avoid all activities that could endanger system and network security. Disregard of these regulations will be considered violation of the contract. SINFOX AG declines all liability for any direct or indirect damage in this context.
10. Illegal or improper use and contract abuse
The customer undertakes to abide by the General Terms and Conditions, as well as all the usual terms of the contract and laws in the use of the services of SINFOX AG. In particular, the services may not be used for criminal acts.
SINFOX AG reserves the right to withdraw its services immediately in the case of suspected abuse or breach of the law, or abuse of the General Terms and Conditions, and to take legal action against the customer.
11. Liability
SINFOX AG wishes to provide its customers with high-quality services. However, it cannot guarantee freedom from breakdowns and stoppages or uninterrupted availability.
SINFOX AG is liable for damage sustained by the customer as a result of intentional or irresponsible action by SINFOX AG. SINFOX AG accepts no other liability for direct or indirect damage of any kind.
12. Intellectual property and other rights
SINFOX AG accords the customer for the duration of the contract a non-transferable and non-exclusive right to use the services made available by SINFOX AG in accordance with its General Terms and Conditions and other contract terms. All relevant material and intellectual property rights belong to SINFOX AG or its licensor.
13. Other agreements
The customer may transfer the contract or individual rights and obligations from the contract only with prior written consent from SINFOX AG. SINFOX AG is entitled to transfer the contract or individual rights or obligations from the contract without the consent of the customer.
Any modifications and/or additions to the contract, as well as any additional agreements, must be submitted in writing.
The customer waives all rights to deduct from bills any sums claimed from SINFOX AG.
14. Jurisdiction
Contractual agreements are subject to Swiss substantive law. The place of jurisdiction for all legal conflicts is Wollerau, with the exception of mandatory locations.
General terms and conditions of SINFOX AG (July 2008)
© 2009 by Sinfox.com