General Terms and Conditions

Your Rights and Obligations.

1.1 Purpose -- These General Terms and Conditions (hereinafter referred to as "GTC") serve as the legal basis for the duration of the contractual relationship between Sidora AG and the client who purchases a product or service offered by Sidora AG. The GTC are governed by Swiss law, and the exclusive place of jurisdiction is the registered office of Sidora.

1.2 Commencement -- The contractual relationship is established when Sidora AG accepts the order or commissions it in accordance with the order placed by the client. Depending on the product, orders may be submitted by e-mail, online form, signed document, or through a procurement service. The commencement date of the subscription or contract shall be the earliest date of the aforementioned events. Sidora AG reserves the right to decline orders without stating reasons.

1.3 Term -- The initial contract term is determined by the client from the options available at the time of ordering. Upon expiry of this contract term, the subscription or contract (hereinafter referred to as the "Contract") shall be automatically renewed for the same period, unless one of the contracting parties gives notice of termination at least 90 days before the expiry date, or in the case of online marketing, 30 days before the expiry date. If the client switches the product to another provider, all services associated with that product shall be deactivated. In the event of a switch to another provider, all claims relating to Sidora services shall lapse. Upon termination of a subscription, all associated support and update services shall cease. The Contract itself, however, shall not terminate until the expiry of the notice period.

1.4 Components -- In addition to the GTC, the terms of use published at www.sidora.ch/agb/ form an integral part of the Contract. Options shall be deemed an extension of a valid Contract, and the rights pertaining to the relevant option shall likewise lapse upon termination of that Contract. Options may have their own terms or be linked to an existing Contract. When using third-party services such as domain name services, online and offline advertising, print and labelling, hosting and e-mail, the policies of the respective third-party providers shall additionally apply. Where payment is made by third parties and such fee is not included in the Sidora offer, the fee shall be borne by the client.

1.5 Deviations -- Any agreement that partially deviates from or supplements the GTC shall only be valid on the basis of documentation confirmed by both parties and shall not affect the validity of the remaining provisions.

Payment Terms

2.1 Price -- As a general rule, the price agreed in the Contract shall apply. Where no explicit price has been stipulated, the price published on www.sidora.ch shall apply in the first instance, or alternatively the hourly rate of CHF 169.00. All prices are stated in Swiss francs and are exclusive of value added tax. Any discounts granted are cash discounts and shall only apply if payment is made within the stipulated period. Subscription fees are payable in advance and are generally invoiced annually; online marketing is invoiced quarterly. Sidora AG reserves the right to adjust prices at any time due to changed circumstances. Such changes shall only take effect upon renewal of an existing Contract, whether to the advantage or disadvantage of the client. In such cases, or in the event of early termination of the Contract at the client's request, no refund of prepaid fees shall be made.

2.2 Expenses -- Travel costs within the stated allowances are included in the price. Travel expenses and telephone charges exceeding the allowance shall be invoiced as valid hourly expenditure without additional mileage allowance or fee remuneration. Unless expressly agreed otherwise, all personal expenses of Sidora employees are included in the price. Licence fees, postage and packaging costs shall be invoiced separately.

2.3 Payment Terms -- For existing clients with a consistent record of timely invoice payment, payment is due 14 days net from the invoice date, unless special payment terms have been agreed. All other clients are required to make payment in advance. In the event of a contract renewal, the next invoice shall be issued immediately upon expiry of the notice period.

2.4 Settlement -- If the client fails to pay on time, this shall constitute a default in payment, and no formal reminder shall be issued. Set-off against claims of the client is not excluded. If the client fails to pay the invoice within the stipulated period or does not raise a written objection with stated reasons, Sidora AG shall be entitled to suspend the provision of all services with immediate effect and/or to terminate the Contract without notice and without compensation.

Rights and Obligations of Sidora

3.1 Service -- Sidora AG is responsible for providing the service in accordance with the offer requested by the client and publishes its product description in accordance with the offer or on www.Sidora.ch. Sidora AG is free in all matters relating to the nature of the environment required for these services; for example, domestic and foreign companies or third parties may be engaged. Any such changes shall likewise be at the sole discretion of Sidora.

3.2 Image Material -- In the event of a loss of image material, Sidora AG may, at the client's request and at the client's expense, procure suitable image material from third parties, whereby the image material shall be limited to the specific purpose and exclusively to the client's business, unless otherwise specified (1 licence). The transfer of such images to third parties is not permitted under any circumstances. The same applies to licensed fonts and other intellectual property rights.

3.3 Specimen Copies and References -- Sidora AG may retain a reasonable number of printed specimen copies (typically 5) and present them as proof of performance. Sidora AG may also publish unprinted material and general key performance indicators of the project as a reference. Furthermore, Sidora AG shall be entitled to place links and reciprocal links to the Sidora AG website on all client websites. Upon the client's express written request, the publication of references and links may be waived.

3.4 Copyright -- The copyright and all related rights to all works created by Sidora AG shall vest in Sidora. Sidora AG may dispose of these rights in accordance with federal law.

3.5 Ownership -- All delivered movable goods shall remain the property of Sidora until payment has been made in full.

3.6 Amendment -- Sidora AG reserves the right to amend the GTC, other contractual components, or the offer or individual parts thereof pursuant to clause 1.4 at any time and without prior notice. Such amendments shall take effect immediately unless otherwise announced. See section 4.9 in this regard.

3.7 Suspension of Service -- If the client fails to comply with the obligations set out in Article 4, Sidora AG shall be entitled to block or delete the relevant account, server, service, content, programme, etc. with immediate effect -- whether caused intentionally, unintentionally, or unintentionally through the fault of third parties. Remedial action by the client may, where applicable, provide protection against corresponding sanctions. In the event of serious or repeated breaches of obligations, Sidora AG reserves the right to terminate the Contract without notice and without compensation and to take legal action against the client.

3.8 Notifications -- Sidora AG reserves the right to send all notifications to the client by e-mail, including but not limited to announcements of product updates or technical maintenance, invoices, payment reminders, set-up or termination confirmations, loss of access credentials, etc. Should the contact address held by Sidora AG no longer be valid since the client's order, Sidora AG shall be entitled to expressly authorise an additional query of records, which may include a contact address.

3.9 Early Termination -- If the client wishes to terminate the Contract early during the contract term and further cooperation is not possible due to a lack of client engagement, Sidora AG may voluntarily agree to early termination subject to compensation. Sidora AG may either invoice the actual work expended or demand a lump-sum payment, particularly where no detailed fixed hourly rate exists. The lump-sum payment for the original order quantity shall be 50% before project commencement, 75% during the first month after project commencement, and 100% thereafter. Any execution of an order by Sidora AG shall constitute project commencement.

Rights and Obligations of the Client

4.1 Cooperation -- The client undertakes to cooperate and to comply with the stated deadlines so that Sidora AG can optimally provide the desired services. For orders up to CHF 10'000.- with a maximum project duration of 3 months, the services shall be invoiced with a surcharge of 10% per month, unless a deviating project plan is in place. This shall also apply to orders exceeding CHF 10'000 with a maximum project duration of 6 months.

4.2 Third-Party Rights -- The client shall be solely responsible for the legal admissibility of the domain name and its content on the internet and in print media, as well as for the data and information provided by the client. This shall also apply to the protection of third-party rights, particularly with regard to copyright law, competition law and criminal law.

4.3 Print Approval -- It is the client's duty to review all proof documents for errors of any kind and to return them together with any corrections without delay. Upon receipt of the print approval, the client authorises the print or other production data and thereby consents to the proof or implementation.

4.4 Notice of Defects -- Services and products provided by Sidora AG shall be inspected by the client without delay upon receipt. If the client wishes to obtain the most flawless product possible, the client should opt for a higher-quality and consequently more expensive process with a certain guarantee. Minor deviations from the original or the proof in terms of colour reproduction, trimming, folding and finishing in all manufacturing processes cannot be objected to. The same applies to the materials used and the production process. Any complaint must be made without delay and in any event in writing within 8 days.

4.5 Delays -- Delivery dates shall generally be deemed non-binding. The stated dates reflect the respective planning status. In the event of non-compliance, the client must grant Sidora AG a reasonable extension of time. Sidora AG shall not be liable for any delays, particularly those caused by third parties or by changes requested by the client. Towards consumers, Sidora AG shall be liable in accordance with Swiss law, but not for non-material damages or loss of profit. Sidora AG shall not be liable for force majeure events.

4.6 Search Engine Rankings -- Sidora AG does not guarantee the success of the measures taken on behalf of the client. The ranking of a website in search engines depends on numerous factors beyond the control of Sidora AG, such that no entitlement to success exists for the services provided by Sidora AG.

4.7 Browser Compatibility -- Sidora AG provides web services based on modern, commonly used technologies. However, the display may vary depending on the web browser and operating system used. No guarantee of compatibility is given for technologies with a Swiss market share of less than 5% or for outdated operating system and browser versions. Mobile devices such as smartphones and tablets generally have smaller screens; however, formats and resolutions vary considerably. Therefore, the display of the website shall, unless otherwise agreed, be optimised for the standard common width.

4.8 Server Settings -- Unless otherwise specified, Sidora AG shall use the default settings for the new Sidora installation to set up the domain name and server. The client shall have no direct access to server administration and configuration. Installations on third-party web servers are not included in the base price, as such servers may not necessarily have the required specifications. The Sidora AG e-mail service is available via web access through a browser with an existing user interface or via POP or IMAP protocols. The migration of existing hosting, e-mail accounts or other domain and hosting-related services must be expressly requested by the client; otherwise, these services shall be discontinued.

4.9 Extraordinary Termination -- If the client is adversely affected by amendments pursuant to clause 3.6, the client shall be entitled to terminate the Contract without notice and to claim a pro-rata refund of prepaid fees for the remaining contract term.

4.10 Payment -- The client is obliged to make payment in accordance with clause 2 for the entire contract term. In the event of late payment, a reminder fee of CHF 20.00 and default interest of 15% on the outstanding amount shall be charged from the invoice date. Reminders shall be sent every 10 days until further measures are taken. Sidora AG reserves the right to hand over matters to third parties for collection. Sidora AG reserves the right, in the event of repeated late payment and unsuccessful reminders, or in the case of new clients in default of payment, to block access or suspend the service. Reactivation shall only be possible upon receipt of full payment plus a processing fee of CHF 100.00.

4.11 Additional Work -- Work that does not fall within the scope of responsibility of Sidora AG or the service catalogue applicable to the respective product may be declined by Sidora AG or invoiced to the client in accordance with the costs incurred. A processing fee of at least CHF 20 per transaction shall apply to domain name transactions.

4.12 Extended Usage Rights and Raw Data -- The client shall generally have the usage rights agreed in the order. Extended usage rights may be acquired for a modest surcharge; additional image editing shall be invoiced separately. The delivery of raw data is not intended and shall, where applicable, be charged separately.

4.13 Limits -- For products with limits (traffic, number of pages, number of e-mail addresses, etc.), additional quantities shall be invoiced to the client at the published price if the respective limit is exceeded.

4.14 Use -- The client is obliged to use the services provided in accordance with clause 1.4 in a proper manner. The client's right to use the services is non-transferable and shall be exclusively available to the client or its companies and employees.

4.15 Restrictions -- It is generally prohibited to operate or to directly or indirectly promote so-called adult and download sites or content, IRC services, file-sharing services, or potentially illegal or offensive content. Furthermore, clients shall refrain from running programmes or scripts that damage system resources to the detriment of other clients.

4.16 Liability -- Clients bear sole responsibility for all content, links and actions in connection with the accounts, servers and printed materials they use. Except in cases of wilful intent and gross negligence on the part of Sidora AG, liability shall be limited to the direct damage suffered and the equivalent value of the services utilised. Sidora AG shall not be liable for force majeure events.

4.17 Contact Address -- Upon registration, the client undertakes to provide accurate and complete information. In the event of material changes, the client is obliged to inform Sidora AG within 14 days. Sidora AG furthermore reserves the right to charge the client for any costs arising from outdated, incomplete or incorrect contact details, subject to a minimum charge of CHF 20.

4.18 Data Protection -- The client is responsible for maintaining the confidentiality of the website and all associated passwords. The client consents to the storage of personal data relating to the client and, where applicable, the transfer of such data to third parties. This applies in particular to the transmission of data required for the registration of domain names.

Maintenance Contracts & Service Level Agreements (SLA)

5.1 Purpose & Validity -- Maintenance contracts serve the ongoing management of digital solutions, in particular technical maintenance, performance optimisation and security monitoring. The SLA models govern the type and speed of support services as well as response times in the event of disruptions or change requests. A maintenance contract is activated upon mutual signature or upon payment.

5.2 Support & Contact -- Support requests under a maintenance contract shall be submitted via the central e-mail address: support@sidora.ch or via our Support Centre under Contact. Requests shall be prioritised in accordance with the respective SLA and processed by the appropriate specialist team.

5.3 Scope of Services & Exclusions -- The services agreed in a maintenance contract shall apply exclusively to ongoing operations. Upgrades to new major versions, extensions through new features, or third-party licence costs are not included in the maintenance contract and shall be quoted separately.

5.4 Processing Times -- Regular processing times are Monday to Friday from 08:00 to 17:00 (excluding public holidays in Winterthur). The response time shall be determined by the agreed SLA.

SLA Packages Compared

SLA 1 -- Basic (Standard Contract)

  • Ongoing updates for the relevant CMS
  • Website availability monitoring
  • Loading time & performance optimisation
  • Security monitoring with daily backups (on Sidora servers)
  • Incl. 3 support hours / year (e-mail, telephone, ticket system)
  • Response time: within 8 hours (business days)

SLA 2 -- Business

  • All services from SLA 1
  • Incl. 12 support hours / year
  • Prioritised handling of security-related incidents
  • Monthly performance check & report
  • Early warning system for plugin conflicts
  • Response time: within 4 hours (business days)
  • Price: by individual agreement

SLA 3 -- Enterprise

  • All services from SLA 2
  • Incl. unlimited support requests (fair use principle)
  • Additional daily backup storage on a separate server (redundant)
  • Bi-annual manual security & SEO audits
  • Dedicated technical contact person
  • Response time: within 2 hours (business days)
  • Price: by arrangement, project-dependent

SLA 4 -- Individual / Contract-Specific

  • Services in accordance with individual agreement in the service contract
  • Response and processing times, scope of services and support contingents shall be defined contractually.
  • Ideal for individual SLA requirements or integrations with third-party systems
  • E-mail to support@sidora.ch shall be linked to the contract ID and processed on a priority basis.

Terms of Use

Purpose

1.1 Service Quality -- The terms of use primarily serve to protect the operating environment of Sidora so that service quality is not impaired, in order to safeguard the interests of clients. Clients who transfer their servers or accounts, or parts thereof, to third parties are obliged to provide corresponding notification and shall be liable to Sidora in this regard.

Prohibition

2.1 Legal Violations -- All data, content and activities that violate Swiss law, as well as the promotion of or participation in such activities, are prohibited. This includes the publication or distribution of data protected by copyright or distribution laws.

2.2 Racism -- The publication or distribution of racist content or associations is not permitted. In cases of doubt, Sidora AG reserves the right to determine the definition at its own discretion.

2.3 Abuse -- Activities, promotions or engagements that are deemed undesirable in accordance with the generally accepted rules of conduct on the internet (Netiquette/RFC1855) are not permitted. This includes the unsolicited distribution of unwanted messages (spam, UCE, etc.) and attacks against other systems connected to the internet. Sidora AG reserves the right to determine the definition of netiquette or its components at its own discretion.

Breach

3.1 Definitions -- Any non-compliance with the prohibitions set out in Article 2 or unethical conduct shall constitute a breach, regardless of whether it was caused intentionally, unintentionally, or by a third party.

3.2 Consequences -- According to Sidora AG, the severity of the incident shall be the determining factor. In every case, the client shall at minimum receive a warning. In the event of serious or repeated breaches, Sidora AG reserves the right to terminate contracts or subscriptions without notice or to temporarily suspend the affected content, services, accounts or servers with immediate effect.