General Terms and Conditions Digisitecheck SEO Audit Tool
Represented by Digi - Technik & Partners Company Est.
As of: 01.06.2020
1.1. For relationships between customers and Digi - Technik & Partners Company Establishment, Dorfstrasse 7A, Triesen, Liechtenstein, (hereinafter: "Digi") with the place of performance Badenerstrasse 569, 8048 Zurich, services and products apply - for a fee or free of charge - these terms and conditions, insofar as they are declared applicable and no deviating written regulation is made.
1.2. The present general terms and conditions serve as a basis for the contract and apply to all contracts between the parties even without express reference. Any business or purchase conditions of the customer are considered as conditions.
2. Services provided by Digi
2.1. Digi offers all kinds of services in the area of the Internet, networks and telecommunications and provides its services within the framework of the respective contract and the resources available at the company. Digi reserves the right to adapt the services if necessary or for important reasons.
2.2. As far as possible, Digi provides timely information about business interruptions that are necessary to remedy faults, for maintenance work, to introduce innovations, etc.
2.3. Digi can call in third parties and subcontractors to fulfill the contract.
3. Conclusion of contract / start
3.1. Registration with Digi takes place in writing or electronically based on standard registrations. With the application for a contract with Digi, the customer acknowledges Digi's general terms and conditions and undertakes to provide truthful information to Digi.
3.2. The contractual relationship begins in accordance with the corresponding provisions in the contract with Digi.
4. Termination and termination
4.1. The minimum duration, the notice period and the notice date depend on the type of contract that was concluded with Digi. If no other regulations have been made, the following provisions apply: The term is generally at least 12 months. After this minimum period has expired, subscriptions and services can only be terminated at the end of the relevant billing period. The notice of termination must have reached Digi at least 30 days before the end of the accounting period. If the termination occurs before the agreed minimum period or on an appointment that has not been agreed, reimbursement of the amount / fee pro rata temporis is excluded and expires to Digi.
4.2. Termination must be made on time, by registered letter or using the web forms provided on the Digi website.
4.3. In the event of termination by the customer before the service is put into operation, the customer owes the company all the costs incurred in this connection.
4.4. If Digi dissolves the contract without notice or within a period, in particular because the customer has acted unlawfully or contrary to the contract, the customer owes Digi all costs incurred in this connection.
5.1. Digi does not grant uninterrupted, trouble-free operation or trouble-free operation at a specific time for your services. Liability for business interruptions, in particular for troubleshooting, maintenance or the introduction of new technologies, is hereby excluded.
5.2. Digi does not guarantee the integrity of the data stored or transmitted via your system or the Internet. Any guarantee for the accidental disclosure as well as damage or deletion of data that is sent and received via your system or stored there is excluded.
5.3. In particular, Digi assumes no responsibility for damage caused to customers by misuse of the connection (including viruses) by third parties.
5.4. Any liability of Digi and its vicarious agents for a certain technical or economic success, for indirect damage such as lost profit, third party claims as well as for consequential damage from loss of production, loss of data and liability for slight negligence are expressly excluded, subject to further mandatory legal liability provisions.
5.5. In all cases, Digi reserves the right to claim damages from users for offenses (in particular in the case of data crime, data misuse and so-called hacking attacks) on the Digi network or infrastructure. This also applies if the so-called Netiquette is disregarded.
6. Obligations and rights of the customer
6.1. In general, the "netiquette" is used. These rules of conduct for dealing with and on the Internet apply to all aspects of Internet use. The customer accepts the "netiquette" as an integral part of the contract with Digi.
6.2. The customer is responsible for ensuring that the necessary safety precautions are taken to ensure a secure flow of data. He is responsible to Digi for using his account. Passwords and identifications may not be disclosed to third parties. If this is done by or at the request of the user, the account holder is responsible for the possible consequences. In particular, the customer himself ensures compliance with the appropriate age limits when accessing the Internet.
6.3. The user must ensure that his use of the internet is within the applicable Swiss and possibly foreign law. In addition to criminal law, this includes in particular data protection and implementing legislation, copyright and related rights.
6.4. The fees to be paid in advance are based on the customer's individual contract with Digi.
7. Rights of use to software, products and services of the services managed by Digi
7.1. Unless expressly agreed otherwise, the following regulation applies to rights of use to software, products and services with regard to the services managed by Digi: The customer is granted a non-exclusive, unlimited and non-transferable right to use software and trademarks or service marks for their own internal Granted use. Additional regulations on software use are hereby included. The software may not be made accessible to third parties. Standard products of third parties are subject to their license terms insofar as they contain further restrictions. The source code is only passed if this has been expressly agreed.
8.1. Digi does not provide support to assist its customers with technical questions regarding the handling and installation of the services offered. Digi does not cover third party support costs.
8.2. All types of malfunctions are rectified as quickly as possible. In the event of business interruptions as a result of troubleshooting, maintenance work, introduction and installation of new technologies or similar matters, no claims can be made against Digi.
9. Special provisions
9.1. The use of the Internet carries various data protection risks for the user. Digi endeavors to ensure that the security is as efficient as possible with economically reasonable, technically possible and proportionate measures, but cannot give any guarantee against improper use. Each participant is responsible for measures to secure and shield their data and their network against intrusion or other attacks on them by unauthorized third parties.
9.2. If there is evidence of a hacker attack by a user of Digi internet access, Digi reserves the right to deactivate the internet access without prior notice. Furthermore, the customer in question is excluded from all Digi services for an indefinite period. Digi further reserves the right to take any civil and / or criminal action against the user concerned.
9.3. The customer acknowledges the processing and use of their own data insofar as this is necessary to fulfill the contractual obligations. In order to be able to offer the customer an optimal service, the customer allows internal data processing and data use, in particular to inform him about the entire Digi product range. Digi reserves the right to disclose the customer's identity at the justified request of a third party.
10. Invoicing / terms of payment
10.1. The Digisitecheck SEO Audit Tool is offered free of charge. If you find that Digisitecheck is useful for you (or your company), we look forward to a donation. At the end of each test there is an opportunity to make a donation.
10.2. Prices are subject to change at any time.
11. Changes to the general terms and conditions
11.1. The binding version of the terms and conditions is published on the internet at digisitecheck.com. It is the responsibility of the customer to inform themselves about the current terms and conditions. With the entry into force of the changes, the terms and conditions are considered accepted.
11.2. Digi reserves the right to adjust its prices, services and terms and conditions at any time.
12. Partial nullity
12.1. Should one or more provisions of these general terms and conditions prove to be invalid or invalid, this does not affect the remaining provisions; these remain unchanged and remain valid. The void provision (s) is (are) to be replaced by economically equivalent, legal provisions.
12.2. In the event of contradictions in the different language versions of the terms and conditions, the German version is authoritative.
13. Place of jurisdiction
13.1. Only Swiss substantive law is applicable to the present regulations, with the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods). For any disputes arising directly or indirectly from this contract, the exclusive place of jurisdiction is at Digi's registered office.