Scope of application
- These General Terms and Conditions (“GTC”) apply to relations between customers and iQcom (Schweiz) GmbH, in 6064 Kerns (hereinafter: “iQcom”) for services and products – for remuneration or free of charge – provided that they have been declared to be applicable and no deviating provision in writing applies.
- These GTC serve as the contractual basis and apply to all transactions between the Parties even without further notice. Any terms and conditions of business or purchase of the Customer shall be deemed to have been excluded.
- iQcom offers all kinds of services relating to the internet, networks, telecommunications and energy and provides its services within the framework of the respective contract and the operational resources available. iQcom reserves the right to adapt the services if necessary or for important reasons.
- As far as possible, iQcom will inform you in good time about operational interruptions that are necessary to remedy disruptions, for maintenance work, introduction of innovations, etc.
- iQcom may rely on third-party providers and subcontractors for the performance of the contract.
Conclusion of contract / start of contract
- Registration with iQcom must be made in writing or by electronic means using specified standard applications. By submitting a request for a contract to iQcom, the Customer at the same time acknowledges these iQcom General Terms and Conditions and undertakes to provide truthful information to iQcom.
- The contractual relationship commences in accordance with the corresponding provisions in the contract concluded with iQcom.
Termination and end of contract
- The minimum duration, notice period and the effective date of termination depend on the respective type of contract concluded with iQcom. In the absence of any deviating stipulations, the following provisions apply: The duration of the contract is in general at least 12 months. At the end of this minimum duration, subscriptions and services can only be terminated to take effect at the end of the corresponding billing period. Unless otherwise provided, the notice of termination must be received by iQcom at least 60 days before the end of the billing period. If the notice of termination of the contract is issued before the expiry of the agreed minimum duration of the contract or any date not fixed by agreement, the reimbursement of the amount/fee pro rata temporis is excluded and the amount is forfeited to iQcom.
- The delivery must be dispatched by a timely registered letter or by means of the online forms provided for this purpose on the iQcom website.
- In the event of termination by the Customer prior to the commissioning of the Service, the Customer shall owe the Company all costs incurred in this connection.
- If iQcom terminates the contract without notice or within the set time limit, in particular because the Customer has acted in breach of law or contract, the Customer shall owe all costs incurred in this connection to iQcom.
- iQcom does not guarantee the uninterrupted operation of its services nor the uninterrupted operation of its services at any given time. Any liability for operational interruptions, in particular disruptions that serve to resolve a disruption, for maintenance purposes or in order to introduce new technologies, is hereby excluded.
- iQcom does not guarantee the integrity of the data stored or transmitted via its system or the internet. Any warranty for the accidental disclosure or damage or deletion of data that are transmitted or received via its system, or are saved thee, shall be excluded.
- In particular, iQcom does not assume any responsibility for the damage that Customers suffer from third parties as a result of misuse of the connection (including viruses, malware, ransomware).
- Subject to other mandatory statutory liability provisions, any liability of iQcom and its vicarious agents for a specific technical or economic outcome, for indirect damage such as loss of profit, claims by third parties as well as consequential damage from loss of production, loss of data and liability for slight negligence are expressly excluded.
- In all cases, iQcom asserts claims for damages against users in the event of offences (in particular data crime, data misuse and so-called hacking attacks) on the network or the infrastructure of iQcom. This also applies to any disregard of “netiquette”.
Customer’s rights and obligations
- In general, “netiquette” applies. These rules of conduct for dealing with and on the internet apply in all aspects of internet use. The Customer accepts “netiquette” as an integral part of the contract with iQcom. The User has the right to present their goods, services and other offers on the internet in accordance with the Contract selected. The Customer shall be fully responsible for the content and presentation of their website and shall refrain from sending mass mailings or otherwise violating “netiquette”. The User undertakes to adhere to the ethical and generally accepted rules of cooperation on the internet. The User shall be fully liable for the content and shall bear any costs incurred by iQcom as a result of the User’s presentation. The User must ensure that their use of the internet is consistent with the applicable law. The User undertakes to respect and comply with international agreements, in particular those relating to data protection, copyrights, business secrets, rights to trademarks, fair competition and related matters, and not to disseminate any content or services that are contrary to good taste, common decency and customs or otherwise evidence dubious content. This applies, in particular, to the distribution, reference to or provision of the links for the distribution of pornography, instructions on content or crime, discrimination of any kind or otherwise offensive content. iQcom is in no way obliged to check the content of Customer commercial materials. iQcom reserves the right to terminate the Contract without notice upon becoming aware of a corresponding case and to switch off internet access with immediate effect. Claims for damages remain reserved, as well as corresponding legal and criminal proceedings. In particular, the following information with unlawful content should not be disseminated or retrievable from the Customer's connection:
- unauthorized gambling; especially within the meaning of the Lottery Act
- information that violates copyright, similar proprietary rights or intellectual property rights
- depictions of violence (section 135 of the German Criminal Code (StGB))
- pornographic writings, presentations and images (section 197 StGB)
- calls for violence (section 259 StGB)
- racially discriminatory content (section 261bis StGB)
- If a Customer becomes aware of such illegal information, they are obliged to inform iQcom accordingly. iQcom will, if possible, make clarifications and take the necessary and possible measures.
- The subletting of the services purchased from iQcom to third parties is only and exclusively permitted after a corresponding agreement with iQcom. In the event of non-compliance, iQcom reserves the right to terminate the corresponding Contract without notice or to assert corresponding claims for damages.
- The Customer is responsible for its own hardware and software components (including programs and PC configuration). iQcom cannot assume any guarantee if internet access is not possible on all end devices. Should disturbances occur that require measures at the Customer's site and the disruption cannot be remedied otherwise, the Customer is obliged to adapt their system accordingly at their own expense or to cease business operations. Otherwise, iQcom is entitled to switch off the connection unilaterally.
- The Customer is responsible for taking the necessary security precautions to ensure a secure flow of data. The Customer is responsible for the management of their account via iQcom. Passwords and identifications may not be communicated to third parties. If a Customer does so nevertheless or if this is done at the request of the User, the account holder shall be responsible for all possible consequences. In particular, the Customer themself shall ensure compliance with the corresponding age limits when accessing the internet. Furthermore, the acceptable Use Policy (AUP) of iQcom shall apply.
- The User must ensure that their use of the internet is consistent with the applicable Swiss and, if necessary, foreign law. This comprises, in addition to criminal law, in particular data protection, export control laws, copyright and related proprietary rights.
- The fees to be paid in advance depend on the individual contract concluded by the Customer with iQcom.
Rights of use to software, products and benefits of the services managed by iQcom
- Unless expressly agreed otherwise, the following provision shall apply with regard to rights of use to software, products and benefits with regard to the services managed by iQcom: The Customer shall be granted a non-exclusive, temporally unlimited and non-transferable right of use to software as well as goods or service marks for their own internal use. Supplementary regulations on the use of software are hereby included. The software may not be made available to third parties. For standard products of third parties, their license terms apply insofar as they contain further restrictions. The source code will only be handed over if this has been expressly agreed.
- If, by way of derogation from Clause 7.1, it is agreed that rights of use for software may be transferred to third parties, all copies must bear the original copyright notice and all other protection notices.
- If claims are asserted in connection with the subject-matter of the contract (software development or conduct of other projects) due to infringement of property rights, the Customer is obliged to notify iQcom in writing within five (5) calendar days. The Customer may not take any legal action without the prior consent of iQcom and may, upon request, leave iQcom to defend itself against such claims, in particular the conduct of the proceedings, including the conclusion of a settlement.
- If the use of the subject matter of the contract by the Customer or parts thereof is prohibited by a court decision or if, in the opinion of iQcom, an action for the infringement of property rights threatens, iQcom has the right to choose between the following measures:
- that modify the subject-matter of the contract in such a way that it no longer infringes any property rights;
- that give the customer the right to continue to use the subject matter of the contract;
- that replace the subject matter of the contract with an item which does not infringe any industrial property rights and which either meets the Customer's requirements or is equivalent to the replaced subject matter of the Contract;
- take back the subject matter of the Contract and reimburse the Customer for the remuneration paid for a reasonable amount for the use and loss of value.
- The above obligation arises for items in regard to which the infringement of proprietary rights results from a concept provided by the Customer or is based on the fact that the subject matter of the Contract was modified by the Customer or operated together with items not supplied by iQcom.
- The fees for renting VPN remote peers from SD/MobilWan and ProtelionVPN must be paid quarterly in advance. The VPN remote peer rental agreement includes a monthly volume of data transfer (“traffic”), which must be paid by the Customer at the beginning of each month for the current month. If the Customer causes more traffic than their traffic package contains, the amount attributable to it will be invoiced in the following month. It is the Customer's responsibility to monitor their traffic. iQcom offers monitoring packages as well as additional packages for more bandwidth.
Rented VPN remote peers are generally available around the clock, 365 days a year. iQcom guarantees a monthly availability of the VPN remote peer at the rate of 99%, however, an availability of 99.9% over the entire year. For each month in which the availability is less than 99% (“downtime”), iQcom shall reimburse 25% of the respective monthly rent, less than 95% of the full monthly rent for the VPN remote peer, but not of data transfer costs and other fees. If the monthly availability of 99% is not maintained for two consecutive months, the Customer has a two-fold right to terminate the rental contract without notice. Maintenance not specified in advance to the Customer in accordance with this para. (1) shall not be regarded as downtime that does not exceed a total monthly duration of three (3) hours. ProtelionVPN & MobileWAN shall perform iQcom maintenance after hours between 22:00 and 6:00 CEST or on weekends.
With regard to downtimes or disruptions of the VPN remote peer, iQcom shall not be liable for indirect damage, consequential or loss of profit. Any liability is generally limited to the amount of a monthly rental fee.
The Customer must securely store access data provided to them as part of the rental contract and may not provide them to any third party – as well as access to the VPN remote station. If the Customer is in default with payments in connection with the provision of the VPN remote station for more than four (4) weeks, iQcom is entitled to refuse performance in the form of an automatic blocking until all undisputed claims have been settled in full. Any claims for damages due to such a loss of the possibility of using the rental object are hereby expressly excluded. Rental fees are also payable for the period of the blocking, and the blocking does not constitute a declaration of termination by iQcom.
- iQcom provides telephone support to support its Customers in technical questions regarding the handling and installation of the services offered. The costs and operating hours of this service are published on the corresponding platform and can be requested from iQcom during the usual office hours. iQcom shall not cover the costs for support by third parties.
- Problems of any kind must be resolved as quickly as possible. iQcom shall not be liable for any claims asserted as a result of operational disruptions, maintenance work, introduction and installation of new technologies or similar circumstances.
- If a Customer requires the removal of faults that can be attributed, based on an examination carried out at the request of iQcom, to defects in the equipment employed by the User or errors in its handling, the Customer shall bear the resulting costs.
- The use of the Internet entails various data protection-related risks for users. iQcom strives to ensure the most efficient possible security level through economically reasonable, technically feasible and appropriate measures, but cannot guarantee any absence of misuse. Each participant is responsible for measures to secure and shield their data and their network against intrusion or other attacks on them by unauthorized third parties.
- If there is proof of a hacker attack by a user of an iQcom internet access, iQcom reserves the right to deactivate the internet access without prior notice. Furthermore, the Customer in question will be excluded from all services and services of iQcom for an indefinite period of time. iQcom also reserves the right to take all possible civil and/or criminal proceedings against the user concerned.
- The Customer acknowledges the processing and use of their own data insofar as this is necessary to fulfil the contractual obligations. In order to be able to offer the Customer an optimal service, the customer authorizes internal data processing and use, in particular to inform them about the entire iQcom product range. iQcom reserves the right to disclose the Customer's identity at the request of third parties.
Invoicing / Terms of payment
- Billing shall be based on the agreed terms of the contract in question. The invoices are based on the agreed prices (either by contract or a general price list). iQcom will create your invoice based on your records. If the Customer complains about an invoice, the invoice shall be deemed to be correct unless a technical clarification by iQcom reveals an error.
- Payment deadlines are based on the contract concluded with iQcom. After expiry of the payment deadline, the Customer will be automatically in default without requiring a dunning notice. iQcom may charge a dunning fee of CHF 40.00 per dunning notice. In the event of payment arrears, iQcom shall be entitled to block the access without undue delay. Default interest of 8% shall be payable for outstanding invoices from the outset. A processing fee of at least CHF 50.00 shall be charged for each instance of reconnection.
- Subject to section 4.1 above, any overpaid amounts will be reimbursed for subscriptions after deduction of a processing fee of CHF 50.00 for domestic customers and CHF 100.00 for foreign customers at the request of the customer. In the absence of an explicit request for repayment, iQcom is entitled to retain overpaid amounts and to offset them against amounts payable by the Customer as advance payment of future claims. The Customer is not entitled to interest on the advance payment.
- Prices are subject to change at any time.
- iQcom may offset its claims against counterclaims of the Customer. The Customer is not entitled to offset any counterclaims against claims of iQcom.
Changes to the General Terms and Conditions
- The respective binding version of the GTC is published on the Internet at www.iQcom.ch. The Customer is responsible for taking note of the current version of the GTC as amended. Upon entry into force of the changes, the GTC are deemed to have been accepted.
- iQcom reserves the right to adjust its prices, services and terms and conditions at any time. The current version can be viewed at any time on the https://www.iqcom.cloud website.
- Should one or more provisions of these General Terms and Conditions prove to be void or invalid, this shall not affect the remaining provisions; they shall remain unchanged and valid. Any void provision shall be replaced by a lawful provision that is as far as possible economically equivalent.
- In the event of conflict with the different language versions of the GTC, the German version shall prevail. Contracts concluded with distributors for iQcom services are considered to be decisive here.
Place of jurisdiction
- The present provisions are governed exclusively by Swiss substantive law to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods). For all disputes arising directly or indirectly from this agreement, the exclusive place of jurisdiction shall be the registered office of iQcom (Schweiz) GmbH.
Last updated: 30 May 2022