General Terms and Conditions ofSafeBox Ltd
The acquisition, the installation and the maintenance of the necessary and appropriate equipment for the Internet access to the Services, fall into the responsibility of the Customer. The Customer has to educate himself on the functionalities and the compatibility of his equipment with the Services offered by SafeBox. SafeBox accepts no responsibility whatsoever arising from incorrect installation or the incompatibility of equipment. SafeBox assists the Customer to the best of its ability, but cannot be held responsible for potential information presented to the Customer.1. Scope of application
These general terms and conditions of use (« General Terms and Conditions ») apply to the entire range of products, software and services (« Services ») offered by SafeBox Ltd (« SafeBox ») relating to the platform safebox.ch. They are an integral part of the subscription concluded between SafeBox and the Customer ( «Subscription »).
2. Services
The subscription defines the contents and the extent of Services (access to the platform safebox.ch, digital storage of information, etc.).
SafeBox provides its Services with due diligence, in accordance with the contract as well as within the limits of storage capacity. SafeBox reserves the right to define the storage capacity at any time and at its own discretion, with or without notice; in the absence of any agreement to the contrary, the maximum storage provided is currently 2.00 GB. Furthermore, SafeBox can, at any time entrust Third Party providers on the Swiss territory with all or parts of its Services on the same conditions.
The Customer agrees that it is only possible to use the Service of SafeBox if all the contractual and technical requirements are fully met.
3. Customer Equipment
4. Customer Responsibility
The Customer commits to using the Services within the framework of the Contract for his own personal use and in accordance with the legal provisions in force. The Customer is responsible for the usage of the Services and his communication content relating to the Services.
SafeBox reserves its right to interrupt the Services at ist discretion at all time, without prior notice and without compensation for the Customer, should the Customer or a Third Party use the Services in breach of contractual agreements or the applicable legislation.
5. Security Measures
SafeBox sets up technical measures, in accordance with the currently valid safety standards, to ensure the security and confidentiality of the Customer’s data transmissions with the platform safebox.ch, also to prevent unauthorized access to Customer data. However, the Customer acknowledges that no computer system is 100% secure and that third parties could gain undue access.
The customer commits to taking security measures designed to protect both his equipment and that of Safebox.
The Customer takes measures to protect passwords, access codes, etc. SafeBox accepts no responsibility for damages resulting from fraudulent use of an access code.
6. Liability of SafeBox
"Should SafeBox breach the contractual agreements, it is liable to the Customer for proven damage incurred, unless it demonstrates that no fault can be attributed to it. SafeBox guarantees full compensation for damages caused by intentional misconduct or gross negligence. Otherwise, the liability of SafeBox is limited to an amount equal to the value of Services billed to the Customer during the past 12 months, but can by no means exceed an amount of CHF 10’000.-. Any further liability, especially in case of indirect or subsequent damages (loss of earnings, foregone savings, loss of use, etc.) is, within the limits defined by law, expressly excluded.
7. Prices and payment modalities
The price for the Services is shown in the Subscription. The prices can be changed at all times by SafeBox, who will inform the Customer appropriately.
The payment of the Subscription price is made in advance, at the latest as indicated by SafeBox; generally all payments are made by credit card. The compensation due to potential counterclaims of the Customer is excluded.
8. Duration and Termination of the Subscription
The Subscription enters into force as soon as SafeBox has accepted the provision of the Services for the Client and the Subscription was duly receipted, but in any case with the activation of the Services.
The Contract is concluded for the Subscription period, the minimum duration being in all cases one year. The entire Subscription price is fully preserved by SafeBox if the Customer terminates the Contract before the expiration of the mutually agreed upon date and even if he no longer uses the Services. The Contract does not end in case of the Customer's death, official declaration of disappearance or loss of capacity to act.
Before the expiration date of the Subscription, SafeBox offers the Customer the subscription renewal to the conditions already in effect. The renewal becomes effective by the conclusion of a new Subscription and the payment of the intended price. If the Subscription is renewed, the Subscription runs without interruption. If the Subscription is not renewed, in particular if the price of the new Subscription was not paid before the expiration date, the current Subscription ends automatically and without any other formalities.
9. Warranty and responsability
SafeBox is responsible to the Customer for the provision of the Services conforming to the Contract and the state of technology. SafeBox cannot guarantee the absence of disruptions, the permanent and uninterrupted availability of the Services, neither the time nor the response capabilities of the platform safebox.ch.
10. Contract Modification
SafeBox reserves the right to change its Services, its General Terms and Conditions and all other contract documents at all times.
11. Force majeure
Should SafeBox not be able to execute its contractual obligations for reasons of force majeure, such as natural catastrophes, war, acts of terrorism, riots, vandalism, strike, service disruption by third parties, power outages, computer viruses, and other malware, etc., the Contract’s execution is suspended as long as the force majeure endures. The Contract cannot be cancelled during the period of suspension. All responsability of SafeBox is excluded in this case.
12.Transferability
SafeBox is authorized to transfer the Contract or the rights and the obligations arising in this regard. Inversely, the Customer may not transfer the Contract and/or the rights and the obligationsarising thereby without the approval of SafeBox.
13. Customer Data
In the context of the termination and during the Subscription, the Customer authorizes SafeBox to collect information and only after explicit authorization, transmit them to third parties. Not only may SafeBox analyze the Customer data with the objective of improving the Services and the successful development of the contractual relation with the, but also ……. SafeBox analyzes the Customer data with the objective of improving the Services and the successful development of the contractual relation with the Customer. If the Customer does not oppose expressively, SafeBox has the right to contact the Customer in written form (email or letter) or via telephone in the context of a survey or a campaign in order to improve the product by SafeBox.
In the 12 months following the end of the Subscription, the Customer data will be destroyed and SafeBox will not keep any copies. Only the information and the documents, whose storage is mandatory by law, notably for accounting purposes, will be stored.
14. Intellectual Property Rights
For the duration of the Contract, SafeBox grants the Customer a non-exclusive and non-transferable right as an end customer to use the Services, in particular access to the platform safebox.ch. All other related rights remain the exclusive propperty of SafeBox (or the corresponding licensors).
15. Applicable Law and Jurisdiction
The Contract is subject to Swiss law. All litigations are, to the fullest extent permitted, exclusively governed by the ordinary courts at the legal seat of SafeBox.