General Terms and Conditions of GigerByte GmbH
1. Applicability
These General Terms and Conditions set forth the contractual relations between the customer and GigerByte GmbH. ("GigerByte"). The General Terms and Conditions apply to all agreements between GigerByte and the customer with respect to the services and products offered by GigerByte.
2. Entry into force, right of revocation, withdrawal
As soon as the customer has signed an agreement or has confirmed the purchase of services and/or products via the Internet, the corresponding agreement enters into force incorporating these General Terms and Conditions. GigerByte reserves the right to cancel within 14 days any agreement entered into by an employee or an agent of GigerByte or any agreement entered into with the customer via the Internet without stating a reason and without liability for damages. In the event of any use of the services by the customer in contravention of the provisions of the agreement or which is unlawful or immoral or in the event the customer has given cause for complaints due to the poor quality of the data submitted to GigerByte, such as advertisement publication data, GigerByte may immediately withdraw from the agreement and discontinue the provision of services without prior notice to the customer and without liability for damages.
3. Access rights
By means of a user identification and password, GigerByte will issue the customer rights of access to such GigerByte applications that form the object of the relative agreement between GigerByte and the customer. GigerByte considers a customer to be a person who uses the user identification and password, irrespective of whether this person actually owns access rights.
4. Prices and payment terms
If not expressly agreed otherwise, GigerByte's currently valid price list applies for calculating the price of the corresponding product. These price lists are retrievable at any time on the Internet under the corresponding applications. GigerByte reserves the right to adjust the prices to the market and/or price trends. These price adjustments, if not expressly agreed otherwise, shall also be applied to ongoing contracts. The prices, if not expressly agreed otherwise, are net in Swiss francs including VAT. The term allowed for payment is 10 days from the time of invoicing. If the customer fails to pay within the term of payment, GigerByte may cancel the agreement with immediate effect and without liability for damages without providing notice. In the event of payments not being made on time while the contract is still running, GigerByte also has the right to block the customer's access to the applications. Once all outstanding invoice amounts have been paid, the block will be removed again. In this event, the customer has no entitlement to the agreed duration of the contract being extended by the duration of the block. After expiration of the term of payment, interest on arrears is due in the amount of 1% per month. In addition, the customer shall pay collection expenses in the amount of CHF 50.00 per reminder. Furthermore, the customer shall bear the costs for the damage incurred by GigerByte from the delinquency and/or the cancellation of the agreement.
5. Intellectual property rights
GigerByte is exclusively entitled to all proprietary rights and brands as well as to the know-how used for the GigerByte applications and online platforms. To the extent contractual use of the GigerByte application by the customer is contingent on rights of use of GigerByte proprietary rights, brands and/or know-how, these shall be issued by GigerByte to the customer non-exclusively, non-transferably and to the extent required for the duration of the corresponding agreement. If the customer makes arrangements with GigerByte to use a third-party application (cf. item 12), this section shall also apply analogously to such application. The rights granted to the customer for the use of GigerByte applications and online platforms and third-party applications (cf. item 12) are personal and non-transferable. All item documents, photos and templates created by GigerByte on behalf of the customer are the property of the customer.
6. Administration and further development of the application
The operation and administration of the GigerByte applications and online platforms shall be carried out by GigerByte. GigerByte is entitled to involve third parties to meet its service obligations. GigerByte will do its utmost to keep the operation of the GigerByte applications and online platforms as trouble free as possible and to minimize periods of interruption required for correcting faults, maintenance work, introducing new technologies and similar issues. Further technical developments shall be introduced at the sole discretion of GigerByte. The applications of third parties (cf. item 12) shall be operated and administered by the corresponding third parties. Further technical developments shall be introduced at the sole discretion of these parties.
7. Data protection/publication network
The customer shall permit GigerByte to integrate data such as online advertisement publication data and print advertisement data, including the accompanying elements, such as texts, graphics, images, plans etc., into the GigerByte online platform as well as into additional in-house online and offline services as well as those of third parties in accordance with the agreement. There is no entitlement to publication within these media. GigerByte may interrupt, modify or entirely cease publication within the publication medium at any time, for any reason whatsoever, without consequences as to costs. GigerByte may also use or otherwise publish the advertisement publication data for its own additional purposes and the purposes of third parties, for preparing statistics, for example, and store and edit the data for this purpose.
The customer expressly consents to the direct and/or indirect transfer of any data necessary for the use of third-party applications from the application provided by GigerByte (cf. item 12) to the third-party application as well as to the storage of such data in their database(s). The customer expressly consents to the use of the data by third parties. GigerByte is obligated to comply with the applicable data protection provisions. GigerByte is not in a position to comprehensively assure the confidentiality, genuineness and authenticity of the customer's data published online. The customer acknowledges in particular that personal data can also be retrieved in countries that do not recognize data protection provisions comparable to those in force in Switzerland.
GigerByte uses Google Analytics on this website, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on the customer's computer, to help the website analyze how the customer uses the site. The information generated by the cookie about the use of the website (including the customer's IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the customer's use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the customer's IP address with any other data held by Google. The customer may refuse the use of cookies by selecting the appropriate settings on the customer's browser, however, the GigerByte points out that if the customer does this the customer may not be able to use the full functionality of this website.
By using this website, the customer consents to the processing of data about the customer by Google in the manner and for the purposes set out above. The customer acknowledges and consents to the fact that data about her/his contractual relationship with GigerByte can be transmitted by GigerByte to other companies within the same group of companies for the purpose of data processing.
8. Rights and obligations of the customer
The customer is obligated to use the GigerByte applications and those of third parties (cf. item 12) in accordance with statutory and contractual provisions. The customer agrees in particular that:
The Internet user recognized when inserted in the online marketplace the insertion rules of GigerByte. GigerByte reserves the right to modify or completely rework the data submitted by the customer for technical reasons.
The customer has no entitlement to third parties, for the purpose of publication on their platforms, being able to retrieve from the GigerByte application the data provided by the customer. Even if the customer grants her/his consent to such data retrieval, GigerByte is not obligated to permit retrieval.
If GigerByte is sued in court by a third party in connection with an agreement with the customer or in connection with the data provided by the customer, the customer is obligated to intervene in the action after a third party notice has been issued. The customer is obligated, in any case, to all assume all court costs and out-of-court costs incurred by GigerByte in connection with such claims by third parties and fully indemnify GigerByte.
9. Warranty
The customer is entitled only to the right to require GigerByte to remedy defects for work that is evaluated under law governing contracts for services. Contract nullification and price reductions are excluded. To the extent permitted under law, GigerByte excludes any liability for consequential damage.
10. Risk
The customer bears all risks related to damage that may occur as a result of manipulation of her/his IT system, as a result of functional disruptions to her/his IT system and/or as a result of improper use of access rights.
11. Liability
The customer is fully responsible for the content of the data s/he submits to GigerByte, such as online ads and print orders. GigerByte rejects any liability for the content submitted by the customer. In particular, GigerByte does not warrant or guarantee the goods and services offered or contracts that may result, such as purchase contracts. This also applies to advertisements and print orders that are included by GigerByte in the customer's order. GigerByte is liable only in the event of intent or gross negligence. GigerByte is in no case liable for consequential damage and lost profits. If, despite all precautions, GigerByte cannot perform its obligations due to events of force majeure such as natural disasters, acts of war, strikes, unforeseen official restrictions, technical failures that are attributable to third parties, the customer shall not be entitled to contract performance for the duration of the event. GigerByte is not liable for abuse of the Internet and associated damage incurred by the customer via third parties, for security lapses and failures of third-party telecommunications networks and of the Internet or for operating disruptions and failures of the applications and online platforms and of GigerByte and of third parties. GigerByte assumes no liability for the software of other providers.
12. Use of third-party applications
For every use of third-party applications integrated into the GigerByte applications and/or online platforms the customer accepts the corresponding terms of use of these applications.
13. Covenant against Offsetting
The customer is not entitled to offset her/his claims against claims by GigerByte.
14. Covenant against assignment
The customer is prohibited from transferring the contractual relationship with GigerByte to a legal successor without the prior written consent of GigerByte. Likewise, the customer is prohibited from assigning rights or claims arising from the contractual relationship with GigerByte to third parties without GigerByte's prior written consent.
15. General provisions
To be considered legally binding, modifications and supplements to written agreements made in addition to the General Terms and Conditions, the corresponding terms of use and the corresponding advertisement publication provisions shall be in writing and agreed to by both parties. This also applies to any waiver of the written form requirement. If any provision of an agreement is held to be invalid or unworkable, it shall become inapplicable only to the extent of its invalidity or unworkability and otherwise shall be replaced with a provision that comes as close as possible to the invalid or unworkable provision in terms of economic effect. Any gaps in the corresponding agreement shall be filled with provisions that come as close as possible to what the parties would have agreed to in terms of objective and purpose if they had thought of it at the relevant point while entering into the corresponding agreement.
16. Applicable law and legal venue
This agreement shall be governed exclusively by Swiss law, excluding international conflicts of law provisions. The exclusive place of performance and legal venue is the registered office of GigerByte. GigerByte is also entitled to sue the customer at her/his registered office/place of residence.
Online version, updated on: May 2012 - GigerByte GmbH
These General Terms and Conditions set forth the contractual relations between the customer and GigerByte GmbH. ("GigerByte"). The General Terms and Conditions apply to all agreements between GigerByte and the customer with respect to the services and products offered by GigerByte.
2. Entry into force, right of revocation, withdrawal
As soon as the customer has signed an agreement or has confirmed the purchase of services and/or products via the Internet, the corresponding agreement enters into force incorporating these General Terms and Conditions. GigerByte reserves the right to cancel within 14 days any agreement entered into by an employee or an agent of GigerByte or any agreement entered into with the customer via the Internet without stating a reason and without liability for damages. In the event of any use of the services by the customer in contravention of the provisions of the agreement or which is unlawful or immoral or in the event the customer has given cause for complaints due to the poor quality of the data submitted to GigerByte, such as advertisement publication data, GigerByte may immediately withdraw from the agreement and discontinue the provision of services without prior notice to the customer and without liability for damages.
3. Access rights
By means of a user identification and password, GigerByte will issue the customer rights of access to such GigerByte applications that form the object of the relative agreement between GigerByte and the customer. GigerByte considers a customer to be a person who uses the user identification and password, irrespective of whether this person actually owns access rights.
4. Prices and payment terms
If not expressly agreed otherwise, GigerByte's currently valid price list applies for calculating the price of the corresponding product. These price lists are retrievable at any time on the Internet under the corresponding applications. GigerByte reserves the right to adjust the prices to the market and/or price trends. These price adjustments, if not expressly agreed otherwise, shall also be applied to ongoing contracts. The prices, if not expressly agreed otherwise, are net in Swiss francs including VAT. The term allowed for payment is 10 days from the time of invoicing. If the customer fails to pay within the term of payment, GigerByte may cancel the agreement with immediate effect and without liability for damages without providing notice. In the event of payments not being made on time while the contract is still running, GigerByte also has the right to block the customer's access to the applications. Once all outstanding invoice amounts have been paid, the block will be removed again. In this event, the customer has no entitlement to the agreed duration of the contract being extended by the duration of the block. After expiration of the term of payment, interest on arrears is due in the amount of 1% per month. In addition, the customer shall pay collection expenses in the amount of CHF 50.00 per reminder. Furthermore, the customer shall bear the costs for the damage incurred by GigerByte from the delinquency and/or the cancellation of the agreement.
5. Intellectual property rights
GigerByte is exclusively entitled to all proprietary rights and brands as well as to the know-how used for the GigerByte applications and online platforms. To the extent contractual use of the GigerByte application by the customer is contingent on rights of use of GigerByte proprietary rights, brands and/or know-how, these shall be issued by GigerByte to the customer non-exclusively, non-transferably and to the extent required for the duration of the corresponding agreement. If the customer makes arrangements with GigerByte to use a third-party application (cf. item 12), this section shall also apply analogously to such application. The rights granted to the customer for the use of GigerByte applications and online platforms and third-party applications (cf. item 12) are personal and non-transferable. All item documents, photos and templates created by GigerByte on behalf of the customer are the property of the customer.
6. Administration and further development of the application
The operation and administration of the GigerByte applications and online platforms shall be carried out by GigerByte. GigerByte is entitled to involve third parties to meet its service obligations. GigerByte will do its utmost to keep the operation of the GigerByte applications and online platforms as trouble free as possible and to minimize periods of interruption required for correcting faults, maintenance work, introducing new technologies and similar issues. Further technical developments shall be introduced at the sole discretion of GigerByte. The applications of third parties (cf. item 12) shall be operated and administered by the corresponding third parties. Further technical developments shall be introduced at the sole discretion of these parties.
7. Data protection/publication network
The customer shall permit GigerByte to integrate data such as online advertisement publication data and print advertisement data, including the accompanying elements, such as texts, graphics, images, plans etc., into the GigerByte online platform as well as into additional in-house online and offline services as well as those of third parties in accordance with the agreement. There is no entitlement to publication within these media. GigerByte may interrupt, modify or entirely cease publication within the publication medium at any time, for any reason whatsoever, without consequences as to costs. GigerByte may also use or otherwise publish the advertisement publication data for its own additional purposes and the purposes of third parties, for preparing statistics, for example, and store and edit the data for this purpose.
The customer expressly consents to the direct and/or indirect transfer of any data necessary for the use of third-party applications from the application provided by GigerByte (cf. item 12) to the third-party application as well as to the storage of such data in their database(s). The customer expressly consents to the use of the data by third parties. GigerByte is obligated to comply with the applicable data protection provisions. GigerByte is not in a position to comprehensively assure the confidentiality, genuineness and authenticity of the customer's data published online. The customer acknowledges in particular that personal data can also be retrieved in countries that do not recognize data protection provisions comparable to those in force in Switzerland.
GigerByte uses Google Analytics on this website, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on the customer's computer, to help the website analyze how the customer uses the site. The information generated by the cookie about the use of the website (including the customer's IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the customer's use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the customer's IP address with any other data held by Google. The customer may refuse the use of cookies by selecting the appropriate settings on the customer's browser, however, the GigerByte points out that if the customer does this the customer may not be able to use the full functionality of this website.
By using this website, the customer consents to the processing of data about the customer by Google in the manner and for the purposes set out above. The customer acknowledges and consents to the fact that data about her/his contractual relationship with GigerByte can be transmitted by GigerByte to other companies within the same group of companies for the purpose of data processing.
8. Rights and obligations of the customer
The customer is obligated to use the GigerByte applications and those of third parties (cf. item 12) in accordance with statutory and contractual provisions. The customer agrees in particular that:
- s/he will deliver all data submitted to GigerByte or third parties in the form and quality prescribed by GigerByte in accordance with the advertisement publication provisions of the corresponding applications;
- s/he is entitled to all data s/he has directly or indirectly provided to GigerByte or third parties via third parties such as graphics, photos, videos, pieces or clips of music, images, plans, texts, software and sounds and may use the data within the scope of the contractual agreements with GigerByte;
- the data submitted to GigerByte or third parties are complete and true and that s/he continuously keeps the data up to date;
- s/he accepts the respective terms of use.
The Internet user recognized when inserted in the online marketplace the insertion rules of GigerByte. GigerByte reserves the right to modify or completely rework the data submitted by the customer for technical reasons.
The customer has no entitlement to third parties, for the purpose of publication on their platforms, being able to retrieve from the GigerByte application the data provided by the customer. Even if the customer grants her/his consent to such data retrieval, GigerByte is not obligated to permit retrieval.
If GigerByte is sued in court by a third party in connection with an agreement with the customer or in connection with the data provided by the customer, the customer is obligated to intervene in the action after a third party notice has been issued. The customer is obligated, in any case, to all assume all court costs and out-of-court costs incurred by GigerByte in connection with such claims by third parties and fully indemnify GigerByte.
9. Warranty
The customer is entitled only to the right to require GigerByte to remedy defects for work that is evaluated under law governing contracts for services. Contract nullification and price reductions are excluded. To the extent permitted under law, GigerByte excludes any liability for consequential damage.
10. Risk
The customer bears all risks related to damage that may occur as a result of manipulation of her/his IT system, as a result of functional disruptions to her/his IT system and/or as a result of improper use of access rights.
11. Liability
The customer is fully responsible for the content of the data s/he submits to GigerByte, such as online ads and print orders. GigerByte rejects any liability for the content submitted by the customer. In particular, GigerByte does not warrant or guarantee the goods and services offered or contracts that may result, such as purchase contracts. This also applies to advertisements and print orders that are included by GigerByte in the customer's order. GigerByte is liable only in the event of intent or gross negligence. GigerByte is in no case liable for consequential damage and lost profits. If, despite all precautions, GigerByte cannot perform its obligations due to events of force majeure such as natural disasters, acts of war, strikes, unforeseen official restrictions, technical failures that are attributable to third parties, the customer shall not be entitled to contract performance for the duration of the event. GigerByte is not liable for abuse of the Internet and associated damage incurred by the customer via third parties, for security lapses and failures of third-party telecommunications networks and of the Internet or for operating disruptions and failures of the applications and online platforms and of GigerByte and of third parties. GigerByte assumes no liability for the software of other providers.
12. Use of third-party applications
For every use of third-party applications integrated into the GigerByte applications and/or online platforms the customer accepts the corresponding terms of use of these applications.
13. Covenant against Offsetting
The customer is not entitled to offset her/his claims against claims by GigerByte.
14. Covenant against assignment
The customer is prohibited from transferring the contractual relationship with GigerByte to a legal successor without the prior written consent of GigerByte. Likewise, the customer is prohibited from assigning rights or claims arising from the contractual relationship with GigerByte to third parties without GigerByte's prior written consent.
15. General provisions
To be considered legally binding, modifications and supplements to written agreements made in addition to the General Terms and Conditions, the corresponding terms of use and the corresponding advertisement publication provisions shall be in writing and agreed to by both parties. This also applies to any waiver of the written form requirement. If any provision of an agreement is held to be invalid or unworkable, it shall become inapplicable only to the extent of its invalidity or unworkability and otherwise shall be replaced with a provision that comes as close as possible to the invalid or unworkable provision in terms of economic effect. Any gaps in the corresponding agreement shall be filled with provisions that come as close as possible to what the parties would have agreed to in terms of objective and purpose if they had thought of it at the relevant point while entering into the corresponding agreement.
16. Applicable law and legal venue
This agreement shall be governed exclusively by Swiss law, excluding international conflicts of law provisions. The exclusive place of performance and legal venue is the registered office of GigerByte. GigerByte is also entitled to sue the customer at her/his registered office/place of residence.
Online version, updated on: May 2012 - GigerByte GmbH