As of: September 17, 2023
These General Terms and Conditions (hereinafter "GTC") govern the relationship between the customer and zettatec GmbH (hereinafter "Storagecenter") regarding the use of Storagecenter's services.
1. Subject of the Agreement
1.1. The provider makes storage capacity available on its servers to the customer for storing and retrieving digital data (hereinafter "data").
1.2. The customer may use the provider's services in accordance with the conditions set forth in this agreement.
2. Data Protection and Data Security
2.1. The provider undertakes to take appropriate measures to protect the customer's data. This includes security measures against unauthorized access, data loss, and data corruption.
2.2. Both Storagecenter and the customer shall ensure compliance with data protection within their respective spheres of influence and responsibility.
Storagecenter collects and processes personal data as described in the Storagecenter privacy policy, in accordance with any additional agreements with the customer and in compliance with applicable data protection laws.
2.3. The customer is solely responsible for backing up their own data.
3. Use of Services
3.1. The customer undertakes to use the provider's services only for lawful purposes and not to conduct any illegal or harmful activities and is liable for all damages
caused to Storagecenter or other participants on the server through violations.
3.2. The customer may not use the services to store or distribute illegal, offensive, or defamatory content.
3.3. The paid transfer of Storagecenter's services and products to third parties is not permitted.
3.4. Fair Use Policy: Storagecenter subscriptions are intended for individual customers. If usage significantly deviates from normal use or there are indications
that bandwidth is being excessively used, for example for the commercial provision of services to multiple end customers such as website hosting and other services (e.g., download portals, etc.),
Storagecenter reserves the right to restrict (temporarily or permanently) or discontinue service provision or take other appropriate measures such as charging for excessive data volume.
3.5. The customer undertakes to always provide truthful information to Storagecenter.
4. Fees and Payments
4.1. Fees for using the services are calculated according to the rates set by the provider.
4.2. The customer's payment obligation begins upon contract conclusion or upon use of the service.
4.3. Storagecenter issues invoices after contract conclusion or after an order and upgrade of the booked service.
For usage-based billing, Storagecenter sends the invoice after 30 days. For usage-based billing, the highest used storage capacity is charged.
4.4. The customer undertakes to pay the fees on time and bears all associated costs.
4.5. If the customer does not pay an invoice within the specified period, Storagecenter may charge reminder fees.
4.6. Storagecenter reserves the right to assign the collection of its overdue claims against the customer to a collection agency.
The customer undertakes to bear all related costs.
5. Termination
5.1. Storagecenter and the customer may terminate the contract at any time with a notice period of 30 days before the end of the contract (monthly billing/annual billing/usage-based billing)
by email to the email address provided by the customer for contract-related communications.
Termination outside the specified period can only be accepted if there is an extraordinary reason for it and both parties agree.
5.2. The provider reserves the right to terminate the services and the agreement without prior notice if the customer violates these GTC or applicable laws.
5.3. All data will be deleted immediately by Storagecenter after contract expiration. The customer is responsible for timely data backup.
6. Liability Disclaimer
6.1. Storagecenter cannot assume liability for direct or indirect damages due to technical problems, server failure, data loss, transmission errors, data insecurity, or other reasons.
Storagecenter is in no case liable for lost profits and consequential damages.
6.2. The provider is not liable for interruptions or outages of its services due to unforeseen circumstances or maintenance work.
7. Changes to the GTC
7.1. The provider reserves the right to change these GTC at any time. If such changes involve price increases or service restrictions to the detriment of the customer during the contract term, Storagecenter will inform the affected customer accordingly. The customer has the right to terminate the agreement if they do not agree to the changes.
8. Final Provisions
8.1. This agreement is governed by Swiss law. The exclusive place of jurisdiction is the ordinary courts at the seat of Storagecenter. Alternatively, Storagecenter is entitled
to take legal action against the customer at their seat.
8.2. If a provision of these GTC is declared invalid or unenforceable, the remaining provisions shall remain valid.