Object of the contract

The General Terms and Conditions regulate the mutual rights and obligations of Backbone Solutions AG (hereinafter Backbone Solutions) and the customer (hereinafter customer). Customers of Backbone Solutions are legal and natural persons who receive Backbone Solutions services.

The customer accepts the General Terms and Conditions as an integral part of the contract between him and Backbone Solutions by agreeing to them (verbal, written or electronic) or by using the service.

 Agreements that deviate from the current Terms and Conditions must be documented in writing.

Contract start, duration and termination

The contract with Backbone Solutions is concluded by accepting the order via the on-line registration form or other electronic means or by signing a written order form/contract.

The service contract is concluded for an unlimited time, unless other arrangements have been made.

The customer accepts that the start of use of services provided to him by Backbone solutions may be delayed by force majeure or for organisational or technical reasons. This does not entitle the customer to any claims against Backbone Solutions.

Each contract party may terminate the contract at the end of a month with notice of 30 days. The cancellation must be provided in written or electronic form. The contract may also be terminated after a different notice period or on a specific date by mutual agreement.

The Backbone Solutions contract may be terminated at any time with immediate effect for good cause. This applies, in particular, when the available services are used illegally or inappropriately, when they are made accessible or passed on to unauthorised third parties or when the usage regulations of Backbone Solutions or third parties are violated. Backbone Solutions is entitled to cancel the contract with immediate effect when bankruptcy, insolvency, administration or similar proceedings have been instigated against the customer. Backbone solutions is not liable or obliged to pay compensation in such case.

Backbone Solutions obligations

Backbone Solutions strives to provide permanent availability of its infrastructure (server, network, internet access, etc.). Backbone Solutions cannot guarantee uninterrupted and correct provision of the service. Faults during the use of services only entitle the customer to cancel the contract after he has informed Backbone Solutions of the fault immediately and in writing and has twice set a reasonable deadline for repairing the fault. Announced interruptions of the services, in particular for maintenance work, are not deemed to be faults. Backbone Solutions may reduce the availability of services or suspend them for an indefinite period at any time and without notification in the event of unexpected system failures or system problems.

The services are generally available for use 24 hours per day and 7 days per week, unless other agreements are made or in the event of technical faults that affect the services.

Backbone Solutions is entitled to adapt the current Terms and Conditions. The adapted Terms and Conditions will be communicated to the customer in written or electronic form and are deemed to have been approved if the customer does not object within 7 days. The customer is entitled to cancel the contract within the contractual cancellation period if he does not agree to the changes made to the Terms and Conditions.

Credit notes for services cannot be paid out and there is no right to compensation.

Backbone Solutions may involve third-party service providers and subcontractors to fulfil its contractual obligations.

Customer obligations

Backbone Solutions services may only be used by the customer named in the registration form/contract and his staff members and possible third parties within the framework of an order or a work contract, insofar as this use of Backbone Solutions services is directly related to the performance of their duties according to the employment contract, order or work contract and provided that no written agreements to the contrary have been made. The customer is not permitted to provide any use of or access to Backbone Solutions services to third parties, unless explicitly permitted in the contract.

The customer is obliged to ensure that his staff members adhere to the obligations resulting from the service contract. This obligation also applies to third parties involved by the customer as part of an order or a work contract.

The customer agrees that he will immediately inform Backbone Solutions if he becomes aware of shortcomings, faults, unavailability of services or systems and particularly of illegal or contractually prohibited use of the services by him, his staff members, third parties involved by him or unauthorised third parties.

The customer further agrees to adhere to the current regional and national legal provisions regarding the data and information exchange initiated by him, as well as the national legal provisions for data protection, telecommunications and copyright.

The customer guarantees that the company data provided by him to Backbone Solutions is correct and complete. The customer is obliged to notify Backbone Solutions immediately if the company data change (e.g. address, contact person) or to update the contact data directly in the web user account.

The customer is obliged to keep the access data received from Backbone Solutions strictly confidential and to prevent third parties from accessing these data. The customer is liable for usage fees and damages to Backbone Solutions if third parties gain access to Backbone Solutions services by abuse of passwords for which the customer is responsible.

The customer is prohibited from providing or implementing the following services on virtual servers: P2P exchange, Internet Relay Chat (IRC), anonymisation services, cryptocurrency mining, Grid computing, sending of spam mail and causing of excessive traffic due to file downloads. Backbone Solutions is entitled to block and deactivate an account with immediate effect if it discovers that a customer is operating prohibited services on his servers.

The customer is personally responsible for the back-up solutions and services provided on his servers. Backbone Solutions AG only makes available the virtual server and server templates.

Fees

The fees for the services provided by Backbone Solutions are determined by the current price lists of Backbone Solutions. Backbone Solutions is entitled to adjust the fees at any time. Information concerning price adjustments is provided in writing or electronic form, with a notification period of 30 days. Improvements to the service offer based on the same fees and fee reductions may be implemented by Backbone Solutions without prior notification.

The fees are charged to the customer monthly and in advance. The invoice is sent electronically to the customer by e-mail. The e-mail address entered in the user account is the relevant e-mail address for sending invoices. Each invoice is also shown in the user account with the status "paid" or "open". The services are invoiced in prepaid mode and must be paid before the service is used. The account will be closed automatically if the payment deadline is not adhered to and two reminders have been sent by e-mail. The account will be automatically reactivated once the outstanding invoices have been paid. The contract will be terminated with immediate effect and the account will be deactivated if the outstanding amount has not been paid within 30 days of the account being blocked. Backbone Solutions will not be liable for consequential damages (e.g. data loss) resulting from the deactivation of the account.

Liability

Backbone Solutions strives to provide services of flawless quality insofar as this is possible, given its staff and technological resources.


Backbone Solutions excludes any liability for direct and indirect consequential damages and for the third parties it uses to fulfil the contract, insofar as this is legally possible.


The customer is responsible and may be held liable for all damage that Backbone Solutions or third parties suffer as a result of the customer's use of Backbone Solutions services.

Data security

Backbone Solutions will use customer data according to the relevant legal provisions and treat these data as confidential. Customer data will not be sold or forwarded to third parties and will only be stored on servers in Switzerland.

Backbone Solutions will protect customer data and use appropriate measures in particular to protect access to data, their transport, storage and input.

The customer is entitled to demand information regarding his data stored at Backbone Solutions.

Backbone is entitled to hand the customer data to Swiss law enforcement agencies in the event of illegal or immoral conduct. This happens only in case of a request of the responsible criminal authorities.

Concluding clauses

These General Terms and Conditions, in combination with the service contract, ultimately regulate the mutual rights and obligations concerning Backbone Solutions and the customer.

In the event that a clause in the contract concluded with the customer becomes void or legally ineffective, the remaining clauses shall remain in force. In this case, the void or legally ineffective clauses shall be replaced by an effective clause that is as close as legally possible to the economic effects of the ineffective clause.

The place of fulfilment and jurisdiction is Schwyz, SZ. This contract and its integral contract components are subject to the Swiss Code of Obligations.