General Terms and Conditions
of 1link4u Webservices
1. Application and Use
a. These General Terms and Conditions (GTC) regulate closure, signing and terms of contracts for services in the internet sector between the customer and 1link4u Webservices (henceforth "company").
b. This GTC is an integral part of any proposal or contract between the customer and the company. Altercations and extensions to this GTC are only valid with a signed consent.
c. The company retains the right to alter this GTC at any time.
2. Services offered by 1link4u Webservices
a. The company provides a link portal for the internet.
b. These services are provided to the customer by the company using available operational resources. These services can be changed or adjusted pending a dire need or important reason.
c. Third party services may be implemented to fulfill a contract.
d. All orders are handled with utmost care and all available data is kept confidential.
e. Possible service deadlines as well as other deadlines are only binding if contractually regulated.
3. Contract Formation
a. Upon payment for a record in the link portal the contract becomes legally binding. The contract does not exist in written form and does not contain any signatures.
b. At the time of contract formation the customer automatically and irrefutably accepts the GTC and all incorporated points.
c. The duration of a link portal record is generally 12 months and the extension is not automated.
d. The customer can not change the link portal record during its online duration.
e. The customer is obligated to submit only correct information.
4. Conditions of Payment
a. All records entered into the link portal must be paid immediately.
b. Depending on the legal situation, the prices are including the obligate added value tax at the current fixed rate.
c. Price changes may be incurred at any time.
5. Cancellation and Termination of Contracts
a. Incorrect information and violations against Swiss laws leads to an immediate contract termination.
b. Non-compliance with the herein contained contract regulations may incur company initiated termination of services or a company initiated contract termination.
c. The company may terminate a contract at any time if a record in the link portal receives too many complaints from third parties.
d. The company cannot be held liable if a record is deleted due to a contract violation. Any fees paid are not reimbursed.
e. There will not be any communication with the customer in regarding record deletions.
f. In case of a premature contract termination reimbursement of paid fees pro rata temporis is excluded and possible open fees must still be paid.
6. Liability
a. The company is not liable for damages incurred on the customer or third parties through records contained on the link portal.
b. Misuse of the link portal incurs legal action towards the customer. Full liability of damage claims are carried by the customer.
c. Any customer claims as a result of legal violations through the customer are in the customer's responsibility. The customer is responsible for textual contents or any other publicizing form.
7. Obligations and Rights
a. The company is not obligated to check the records of the link portal in any manner. The company reserves the right to immediately delete a record in case of a violation. Further, the company reserves the right for damage claims as well as civil and legal action.
8. Salvatorius Clause
a. Should any of the points contained within this GTC be determined as void or invalid, this shall not have any influence or effect on any of the other points, therefore remaining valid. Additionally, the terms of the Swiss Code of Obligation apply.
9. Applicable Law and Place of Jurisdiction
a. All legal applications between the company and the customer are subjected to Swiss laws and regulations. The sole place of jurisdiction is 5330 Bad Zurzach. The company retains the right to file for legal action and pursue claims in the customer's place of jurisdiction or any other place of jurisdiction.
Valid from: 01. October 2009