GTC - General Terms and Conditions
General Terms and Conditions
1. Services of Monzoon Networks AG
Scope of services
The service provided by Monzoon is detailed in the applicable subscriber contract, the applicable product definition, the applicable price list and this document «General Terms and Conditions».
2. Obligations of the Client
In particular, the Client must ensure that the internet access is used in accordance with current legislation and existing contracts (esp. Clause 5) and that the payments for services subscribed to (see Clauses 3 and 4) are made on time.
The Client is responsible for acquiring and installing their terminal equipment, and for ensuring that it functions correctly and in accordance with current legislation. Monzoon does not grant the Client any investment protection. The Client must take measures to prevent unauthorised intrusion into other systems and to combat the spread of computer viruses. If a Client's terminal equipment or internet access causes a fault in or damage to the equipment of Monzoon or third parties, Monzoon can, without giving prior notice and without being held liable for indemnification, discontinue the provision of service and seek compensation from the Client.
Responsibility for the use of WLAN access
The Client is responsible for all use of their internet access, including any use by third parties. In particular, the Client must pay all the charges billed for the use of the internet access. This also applies to goods or services subscribed to or ordered through their internetaccess. The Client must keep the details of their user name and password, as well as any other security codes allocated to them, in a safe place away from the terminal equipment, and must not disclose them to third parties.
Charges are billed on the basis of Monzoon's current price lists. Monzoon can notify prices immediately before a specific service is used or may list the prices on its Website (e.g. roaming prices). On request, Monzoon will notify the prices for special services that the Client requires. The Client must pay subscription charges from the moment the connection to WLAN access is made. Even if the WLAN access is occasionally blocked, the Client will still be billed for the prices agreed in the «Subscription Contract».
4. Billing and terms of payment
Depending on the product in question, Monzoon charges for services based on the agreed on payment method. These charges shall be upheld in the event that the Client raises objections to the bill, but Monzoon's technical investigations show no evidence of billing error. Roaming charges in particular can often only be billed after a substantial delay. The bill must be settled by the date specified on the invoice. If no such date is specified, the standard terms of payment are 10 days from the date of invoice. The Client may lodge a written objection against the bill, stating the reasons, before the date payment is due. Failure to do so is understood as an implicit acceptance of the bill. If the contract is terminated, any outstanding amounts are payable immediately. The Client may not use any counterclaims to offset the amounts payable to Monzoon.
If the Client fails to pay the bill on time or has not disputed the bill in writing (giving reasons) by the date payment is due, Monzoon will without prior notice discontinue the services provided under all the contracts with the Client (e.g. by blocking all internet access), and will take additional measures to prevent further losses and/or cancel the contract without having to give notice or provide compensation. If a reminder has to be issued, Monzoon will charge reminder fees. The Client is liable for any costs incurred by Monzoon as a result of late payment.
Credit limit; advance payment; security
Monzoon can set and amend credit limits. If the Client reaches the credit limit, Monzoon can block all WLAN accesses, but is not obliged to do so. Monzoon will tell the Client which payment methods are available (e.g. direct debit or credit card), to avoid exceeding the credit limit or to bring the outstanding amount back below the credit limit. These payments are credited to the next bill as soon as they are entered into Monzoon's billing system. However, any invoices already issued must be settled in full irrespective of these payments. If Monzoon has any doubts about the Client meeting contractual payment obligations, or if there are problems collecting the amounts due, Monzoon may ask the Client to make an advance payment or provide a security. If the Client fails to do so, Monzoon can take the same action as for late payment.
Ordering or subscription of goods and services
If the Client orders or subscribes to goods and services from Monzoon, Monzoon will add these amounts to the Client's bill. The conditions of Clause 4 - especially regarding late payment - also apply, even if Monzoon is only collecting amounts on behalf of third-party providers. Monzoon is entitled to pass on relevant data to third parties who require them as evidence of the amounts the Client owes them.
5. Information content; correct legal and contractual use; misuse
The Client is responsible for the content of the information (data, language in any form) transmitted or processed by Monzoon or made available by the Client to third parties. Monzoon is not responsible for these data nor for any information that the Client receives via the internet network or which third parties distribute or make available via internet networks.
Correct legal and contractual use
The Client is responsible for ensuring that the internet access is used in accordance with current legislation and existing contracts. The Client may not use the internet access to disturb or annoy (e.g. spamming) third parties, nor to prevent the correct functioning of another network access, nor for any other, illegal, purpose. Illegal purposes include the transmission or provision of illegal content, as well as advertising campaigns or messages where the sender knows (or must be aware) that the recipient does not wish to receive promotional calls or messages.
Usage of Monzoon services through third parties
A direct or secondary use of Monzoon services through third parties is prohibited without explicit written permission from Monzoon Networks. In particular, it is prohibited to give or share user names or passwords, or in any other way allow or enable unallowed third party use.
Measures against misuse
If there is evidence of illegal use of an internet access, if such misuse is reported by a competent authority, or if a legal ruling decrees a misuse, Monzoon can demand that the Client's access be in compliance with current legislation and existing contracts, may discontinue the services provided without prior notice or indemnification, cancel the contract without notice or indemnification and if necessary seek compensation. Monzoon can effect the same measures if it has grounds for assuming that the Client is violating or will violate the contract, or that they provided incorrect or incomplete details when taking out the contract. If Monzoon cancels the contract for any of these reasons, the Client shall be liable for the payment of any outstanding amounts in accordance with the contractual conditions governing the early termination of the contract.
6. Data protection
Monzoon treats all data in accordance with the applicable legislation, in particular the Swiss Federal Telecommunications and Data Protection Act. Monzoon captures, stores and processes only the data that it requires for providing its services, and for servicing and supporting the Client, as well as information needed to ensure a high standard of service, secure operation and infrastructure, and an efficient billing system.
As part of the conclusion and execution of this contract, the Client allows Monzoon to gather information about them or to pass on within the company details of their payment history. Monzoon is also entitled to use the Client's data to ensure that its services are designed and developed in accordance with clients' needs, and for the purpose of producing customised solutions. The Client also agrees to allow their data to be processed within Monzoon for said purposes. If Monzoon provides a service in conjunction with a third party, or if the Client accesses the services of a third party via Monzoon's network, Monzoon can pass on the Client's details to third parties to the extent that this is necessary for the provision of such services.
Monzoon takes the necessary measures to protect its network from outside intrusion. However, it is unable to guarantee absolute protection against unauthorised access or illegal eavesdropping. Monzoon cannot be held liable for such intrusions.
7. Intellectual property
For the duration of this contract the Client has the non-transferable and non-exclusive right to use Monzoon's services and products. The content and scope of this right are set down in the contract documents. Monzoon or the authorised third parties retain all rights to existing intellectual property, or to any intellectual property resulting from the fulfilment of this contract, with respect to Monzoon's products and services.
8. Restrictions on use
Monzoon strives to ensure maximum availability for its internet network. However, Monzoon cannot provide any guarantee that its internet network will function without interruption or fault, nor can it specify definite transmission times and capacities. Monzoon reserves the right to carry out maintenance work on its internet network at any time, which could occasionally result in temporary loss of service. Monzoon is unable to provide any assurances or guarantees as regards availability, quality, operation or support for Internet access to third-party networks or connections to third-party networks, the electromagnetic fields created by Monzoon's transmission devices or by terminal equipment can be affected by devices such as microwaves, and this may impair their function. To avoid problems, care should be taken to observe the manufacturers' instructions. The Client must inform themselves regarding any bans or restrictions on use, (e.g. in traffic, or on an aircraft) and make sure that they comply with them.
9. Monzoon's liability
General conditions with regard to liability
In the case of breach of contract, Monzoon is liable for any proven loss, unless it is able to demonstrate that it was not at fault. Monzoon cannot be held liable for losses resulting from slight negligence. Monzoon is only liable for consequential damages, lost profits or loss of data as far as this cannot be excluded under Article 100 OR. Nor is it liable for losses resulting from its services being used in ways that are illegal or in breach of existing contracts. Monzoon is not liable if, as a result of force majeure, its services are partially interrupted, totally or partly restricted, or impossible to deliver. Force majeure includes particularly violent natural catastrophes (avalanches, flooding, etc.), military conflicts, strike, unforeseen restrictions by authorities, power loss, virus infection, etc.
The Customeris liable to Monzoon for all breaches of the provisions of these GCT.
Information services and Internet access in particular
Monzoon provides no assurance and accepts no responsibility for the accuracy, completeness, timeliness, legitimacy, usefulness, availability and punctual delivery of information that is made available via the internet access. Monzoon does not refund any charges and does not accept any liability for losses incurred as a result of downloads. Monzoon is not deemed to be a contracting partner where the Client uses the internet access to subscribe to third-party goods or services, unless explicitly agreed otherwise. Monzoon does not accept any responsibility or provide any guarantee for the goods or services subscribed to or ordered via the internet access, even in cases where Monzoon is responsible for collecting payments from the Client for third parties.
10. Duration and normal termination of the contract
The contract is concluded for an indefinite period. Notwithstanding specific provisions in the other contract documents, either party may terminate the contract by giving the standard 60 days' written notice.
11. Itemised statement; amendments to the contract
Monzoon can provide the Client with a statement, in a suitable format, of specific services or of all services that he/she subscribes to with Monzoon. Unless the Client sends a letter, email or fax by the deadline noted on the statement asking for disputed items to be rectified, the statement is accepted as an integral part of the contract documents. If Monzoon discovers an error in the itemised statement, it can send a new version to the Client.
Amendments to the contract
Monzoon reserves the right to change its services, prices and the current General Terms and Conditions at any time.
Monzoon will inform any changes to the Client in the appropriate way. If Monzoon increases its prices so that the overall burden to the Client is higher, the Client may cancel the contract prematurely up to the point when the new charges come into effect without incurring financial penalty.
Monzoon will confirm any amendments to the contract requested by the Client in the appropriate manner. Unless the Client sends a letter, e-mail or fax by the deadline noted on the order confirmation or itemised statement asking for an amendment, the change shall be accepted as an integral part of the contract documents. Monzoon will note the time of the contract amendment. Monzoon will provide separate information on the opportunities and conditions under which the Client is able to make changes himself.
The written agreement of both parties must be given for the transfer of this contract or the assignment of the rights and obligations deriving from it. However, Monzoon can transfer this contract or the rights and obligations deriving from it without the Client's consent to another company controlled directly or indirectly by Monzoon.
13. Applicable law and competent courts
The present agreement is subject to Swiss law. The place of jurisdiction is Zurich. Other jurisdictions may, however, be obligatory.
May 2013 (Version 5)