These general terms and conditions regulate the legal relationship between ORC Webhosting GmbH Webhosting & Domains, hereinafter referred to as ORC Webhosting GmbH, and their customers who use the services of ORC Webhosting GmbH as an internet service provider. General terms and conditions of the customer are not part of the contract, unless their validity is expressly agreed. If domains are the subject of this contract, the terms and conditions of the responsible registry also apply.
2. Services provided by ORC Webhosting GmbH
ORC Webhosting GmbH enables the contractual partner to access independent networks and services. Access is granted after the customer has legitimized himself with the help of a user ID and a password.
ORC Webhosting GmbH endeavors within the framework of its operational resources to offer the service around the clock without disruption and without interruptions. The customer will - as far as possible - be informed in good time about foreseeable business interruptions that are necessary to rectify faults, carry out maintenance work, expand the service, etc.
The contract includes email support for the web space account. The scope of this e-mail support is limited to the performance of the web space account.
This support does not include support for CGI / PHP script programming, Java applet programming, the use of Microsoft FrontPage and the like.
ORC Webhosting GmbH provides both email and telephone support related to its own services and offers. ORC Webhosting GmbH is not obliged to provide support with regard to programming, the use of third-party software or server administration. If this is done anyway, this is done as a service to the customer. However, ORC Webhosting GmbH cannot be held liable in this regard or be forced to provide this support. If the customer makes use of technical support services that are not included in the e-mail support for the web space account, these will be charged according to a previous agreement.
If the registration of domain names is the subject of this contractual relationship, ORC Webhosting GmbH owes only the brokerage of the domain. The customer can only assume a definitive assignment as soon as this has been confirmed by ORC Webhosting GmbH. ORC Webhosting GmbH is authorized to use the services provided for the customer as a reference and to publish them, as long as the customer does not clearly object.
3. Customer Obligations
The customer is obliged:
To notify recognizable defects or damage immediately (fault report), and to take all measures within the framework of what is reasonable to enable the defects or damage and their causes to be identified or to facilitate or accelerate the elimination of the fault.
After submitting a malfunction report, ORC Webhosting GmbH shall reimburse the expenses incurred by checking their facilities if and insofar as it turns out after examination that the malfunction was the responsibility of the customer.
Immediately notify of any change in his name, his company, his place of residence or business address, his billing address, his legal form as well as other significant circumstances that could have legal consequences for the contractual relationship with ORC Webhosting GmbH.
To treat his user ID and his access password confidentially. He has the option of changing his access password or having it changed at any time.
The customer is responsible to ORC Webhosting GmbH for every use of the Internet access via his account and is liable for any damage resulting from the misuse of the access.
The customer undertakes to take the necessary measures to ensure that his access to the Internet or other networks does not interfere with third-party systems, manipulate programs or infiltrate computer viruses.
To mark the content posted by him on the Internet as his own or third-party content and to display his full name and address.
Comply with international and Swiss law and generally accepted rules of conduct when using the Internet.
He is responsible for the content of the information that he or third parties transmit or have processed by ORC Webhosting GmbH via his account, retrieves or makes available for retrieval. In particular, the following information content may not be disseminated via the customer's Internet access:
- Depictions of violence, pornographic writings, sound or image recordings and representations
- Calls for violence, racial discrimination, instructions or incitement to criminal behavior
- Unauthorized games of chance within the meaning of the Lottery Act
- Information that violates copyrights, related rights or other intellectual property rights of third parties.
- The customer is responsible for ensuring that young people under 16 or 18 years of age do not have access to websites that are only intended for people over 16 or 18 years of age.
The customer undertakes not to initiate any advertising circulars or mass mailings (mailing campaigns) via electronic mail to the e-mail addresses of his domain.
So that subscriptions with free data transfer can be offered in the long term, the customers of ORC Webhosting GmbH commit themselves to fair use, i.e. excessive or unnecessary use of the subscription is avoided (e.g. mass mailing, pure download pages, etc.).
ORC Webhosting GmbH reserves the right to block the customer's web hosting service in the event of improper use with immediate effect at the customer's expense. This also applies in the event that there is no actual legal claim.
Improper use is in particular the failure of the customer to fulfill the above and below (Section 4) contractual obligations. The blocking remains in effect until the respective facts have been clarified or the customer provides evidence of the actual harmlessness of the content. ORC Webhosting GmbH also reserves the right to block the customer's web hosting service at the customer's expense if his user behavior in any way (chat, forum, etc.) affects the operating behavior of the server. ORC Webhosting GmbH expressly reserves the right to claim compensation for all direct and indirect damage incurred, including financial losses, in any case of improper use of the web hosting service or violation of the general terms and conditions. In addition, the customer undertakes to exempt ORC Webhosting GmbH from all third-party claims. This indemnification obligation also includes legal defense costs such as court and lawyer fees. ORC Webhosting GmbH is not obliged to check the customer's content.
The customer must regularly check the access in his personal electronic mailbox (e-mail). The sending of advertising e-mails by the contractual partner to third parties without having been asked to do so is not permitted. If it becomes known, ORC Webhosting GmbH reserves the right to block the customer's access account without prior notice until the issue has been clarified. Sending unwanted mass mails (spamming, mail bombing) via the ORC Webhosting GmbH servers is prohibited. The operation of mailing lists to an extent that could endanger the operational stability of the systems is also strictly prohibited. Such behavior is regarded as improper use of the web hosting service and results in the sanctions mentioned above (section 3).
5. Data security
The customer makes backup copies of data that the customer transmits to ORC Webhosting GmbH - regardless of the form. Even if the servers of ORC Webhosting GmbH are usually backed up regularly, the customer is responsible for backing up the transmitted data. In the event of data loss, the customer is obliged to transmit the relevant data again and free of charge to ORC Webhosting GmbH. If the customer requests data recovery from ORC Webhosting GmbH, this will be done if possible and for a fee, depending on the effort. However, ORC Webhosting GmbH does not guarantee under any circumstances that the data can be restored.
6. Privacy Risks
There are various data protection risks for customers when using the Internet. In particular, data protection is not guaranteed with the unencrypted transmission of data. It must also be expected that unencrypted e-mails can be read, changed or suppressed by third parties without authorization. The encryption and encryption of transmitted information can improve protection against unauthorized access. Firewalls can possibly prevent unwanted intrusion by unauthorized third parties or at least make it more difficult. It is the customer's responsibility to take measures to improve data protection.
ORC Webhosting GmbH rejects any guarantee or liability for errors in the software sold by ORC Webhosting GmbH as well as for the loss or unauthorized modification of e-mail messages. ORC Webhosting GmbH is not liable for business interruptions that serve to rectify faults, maintain, change the infrastructure (changeovers, etc.) or introduce new or different technologies. Liability for damage or consequential damage of any kind, in particular for lost profit, is excluded. A liability and guarantee for the allocation of ordered domain names is excluded.
8. Conclusion of contract, contract duration and renewal
The online order of the contractual partner and the acceptance of the order by ORC Webhosting GmbH through the allocation of storage space and login data for the web space account results in a contract for the use of the services offered by ORC Webhosting GmbH.
The setup data are sent electronically to the customer. The prerequisite for the use of these services is Internet access with the necessary facilities and full payment of the charged fees on the part of the client or customer.
The contract is concluded for a period of one year. If the customer does not want to renew the contract, he undertakes to terminate it in good time, i.e. at least one month (30 days) before it expires. If this period has passed, the subscription is automatically extended for a further year and the invoice received becomes due for payment. ORC Webhosting GmbH sends 30 days, for monthly payments 15 days, before the end of the contract period, the invoice by email with PDF as an attachment to renew the contract.
The responsibility for the timely renewal of the contract and the uninterrupted continuation of access to the Internet or access to other networks lies with the customer.
For the renewal of the contract, the prices and general terms and conditions of ORC Webhosting GmbH applicable at the time the contract is concluded are decisive. Should one or more provisions of our general terms and conditions prove to be invalid, what is agreed upon is what lawfully corresponds to the intended purpose or comes as close as possible. The remaining provisions remain unaffected.
ORC Webhosting GmbH is entitled to terminate the contractual relationship for an important reason without observing a notice period. There is good cause if the customer is in default of payment in accordance with Section 12 of these General Terms and Conditions.
There is also an important reason if the customer violates the obligations from paragraph 3 or 4 significantly or several times.
9. Extension of the offer
An expansion of the offer resp. Accounts are possible at any time within the product category. A one-time fee is also charged for each extension. The additional costs incurred for the account / month will also be billed.
If you withdraw before the end of the billing period, you cannot claim a refund; the entire amount is deemed to be owed.
11. Money back guarantee
The 30 day money back guarantee is only valid for the Easy and Premium Webhosting products. All other products and services from ORC Webhosting GmbH are excluded. The customer has no right to the "money back" guarantee for any domain names ordered, as well as activation fees and fees of the respective partner companies (credit card fee, PayPal, etc.) at ORC Webhosting GmbH. If the service includes a free domain, the amount of the free domain is offset and the difference is refunded, web hosting minus the domain price.
11.1 Free Domain
With certain promotions you will receive a free domain. The domain is free for the first year and must be ordered with web hosting as the main domain. Subsequent configuration / receipt of a free domain as main or addon domain is not possible.
11.2 Excluded domains from promotions
PREMIUM, AFTERMARKET and BACKORDER domains are excluded from the free offer.
11.3 Free domain transfers
Some domain transfers such as .ch domains are free. The term you have paid with your previous registrar is free of charge. The term you paid for is retained. This is not visible when ordering, as it is not technically possible. After the successful transfer, the domain / runtime is synchronized with our registry and the remaining runtime is displayed correctly in the customer center. You will only receive the invoice for the renewal of the domain after the term has expired.
12. Prices and Payment
The prices are based on the prices at the time the contract was concluded. The customer is obliged to pay the agreed prices on time. If the customer is in default of payment, ORC Webhosting GmbH is entitled to prevent the use of unpaid services and all other services and to suspend the corresponding accounts.
In the event of default, ORC Webhosting GmbH is entitled to issue reminders and to charge a reminder fee. Reminders / reminders and late payment fees are as follows:
- You will receive a reminder after 2 days of delay
- After 8 days of delay, you will receive the 2nd reminder plus CHF 5.- delay fee
- After 15 days of delay, you will receive the last reminder.
- After 18 days your account will be suspended / blocked
- After 30 days, your unpaid services will be deleted COMMENTARLY. We do not accept any liability for data lost as a result.
For new accounts, only the current offers and prices published on the ORC Webhosting GmbH website apply. ORC Webhosting GmbH reserves the right to modify offers and prices at any time.
The invoice is sent electronically. If delivery is requested by post, ORC Webhosting GmbH is entitled to charge an appropriate processing fee.
Payment method: is left to the customer. The total amount is due without deduction upon receipt of the invoice.
New accounts are set up against an invoice, payable within 10 days. ORC Webhosting GmbH reserves the right to take legal action against the customer if the amount owed by the order is not paid. ORC Webhosting GmbH usually sends the customer a payment reminder after the actual payment period has expired and before the account is deactivated.
ORC Webhosting GmbH is generally authorized to delete accounts, including their content, after the payment period has expired.
12.1 Price Guarantee
ORC Webhosting GmbH offers a price guarantee for all web hosting packages. That means you keep the same price as long as you are our customer. Promotions are excluded from the price guarantee. This means that the web hosting package purchased at the promotional price has the original price when it is renewed after 1 year and this is then valid for the entire duration. The price guarantee ONLY applies to web hosting packages Easy and Premium. All other products such as domains, servers etc. are excluded from the price guarantee.
13. Transfer of rights and obligations under the contract
The customer can only transfer rights and obligations from this contract to a third party with the written consent of ORC Webhosting GmbH.
14. Regulations for Resellers
The customer is entitled to grant third parties a contractual right to use the websites managed for him by ORC Webhosting GmbH. In this case, the customer remains the sole contractual partner. He is obliged to forward all contractual conditions resulting from the general terms and conditions as well as from the order forms to the third party and to oblige the third party to comply with these conditions. This also applies to the obligation from Section 1 of these General Terms and Conditions.
If all kinds of changes are required by the third party, the customer shall ensure within the contract that these obligations to cooperate are complied with. Upon request, the customer will provide ORC Webhosting GmbH with the address data and the contact person of the third party. In the event of changes, we are entitled to contact the third party directly in order to request written consent from the third party.
If the third party violates contractual obligations, does not fulfill his duty to cooperate or if there are other problems with the granting of rights of use to third parties, the customer is liable to ORC Webhosting GmbH for all resulting damage. In addition, the customer releases ORC Webhosting GmbH from all claims that both third parties and others may make against ORC Webhosting GmbH.
15. Applicable law and place of jurisdiction
This contract is subject to Swiss law. The parties agree that the ordinary courts of the Canton of Graubünden (CH) shall be the exclusive place of jurisdiction. We are also entitled to sue the customer at his general place of jurisdiction. These general terms and conditions replace all previous versions.
ORC Webhosting GmbH in April 2021