Participants in the services of indual GmbH (hereinafter referred to as indual) are legal entities and natural persons who receive services from indual. This contract is concluded digitally (i.e. when the order form is sent via the Internet) and is binding. Amendments and/or additions to the General Terms and Conditions of Use shall become effective upon publication on the website. The customer accepts the current General Terms of Use.
Integral parts of the service contract are the General Terms of Use as well as the General Terms and Conditions of indual GmbH and the current price lists and service offers.
The service contract with the participant is concluded when the participant has completed the digital order form via the Internet and sent it to indual (indual confirms receipt by sending an e-mail to the participant). indual determines the start of service use by the participant. The participant will be notified of the start of use by the aforementioned e-mail. The participant acknowledges that the start of use of the services provided for him by indual may be delayed for organizational or technical reasons. The participant cannot derive any rights against indual from this.
After a 30-day free trial period, the customer can decide whether they wish to enter into a binding contract. The service contract is then concluded for an indefinite period, but for at least one year. Written agreement to the contrary reserved.
Either party may terminate the service contract in writing subject to a notice period of 30 days, but for the first time at the end of the minimum contract term specified in the service contract between the parties (the minimum contract term is 12 months). By mutual agreement, the contract can also be terminated within other periods or on another date.
For good cause, indual may terminate the service contract at any time with immediate effect. This applies in particular if the available services are obtained, used, made accessible or passed on to unauthorized third parties contrary to the law or for an improper purpose, or if the terms of use are disregarded by indual or third parties.
indual provides the agreed services within the scope of the financial and personnel resources available to it in accordance with the current state of the art. indual cannot guarantee the uninterrupted and correct provision of services. In the event of disruptions in the purchase and use of services, the participant only has the right to withdraw from this contract if he/she has informed indual of the disruption immediately in writing and has set a reasonable deadline twice to remedy the disruption. Announced service interruptions, in particular as a result of maintenance work by Swisscom or other line providers, are not considered disruptions.
Any software, hardware and documentation provided to the participant for the use of the services shall remain the property of indual, and the participant shall not receive any rights of disposal or copyright in respect thereof.
The services are generally available to the participant 24 hours a day, 7 days a week, subject to agreements to the contrary and technical malfunctions that impair the services.
indual undertakes to take or carry out measures to rectify faults and malfunctions of the services only within its normal working hours. Normal working hours are Monday to Friday between 09.00 AM and 05.00 PM, with the exception of federal and cantonal holidays in the canton of Valais. Depending on the urgency of the situation, indual will also take measures outside of these periods to maintain a good quality of service, but is not contractually obliged to do so.
indual undertakes to treat your personal data as strictly confidential and guarantees that the data will never be sold to third parties. Insofar as it is necessary to pass on data to third parties (e.g. for marketing purposes, statistics, etc.), indual is obliged to disclose this transparently.
Unless otherwise agreed in writing, only the participant named in the application form is authorized to purchase indual services. The participant is prohibited from using indual's services or making them accessible to third parties. Content with pornographic or right-wing extremist content is not accepted.
The participant undertakes to inform indual immediately of any defects, malfunctions or non-availability of services of which he becomes aware, and in particular of any use of the services by him, his employees or third parties engaged by him or by unauthorized third parties (e.g. hackers) in breach of the law or the contract.
The participant undertakes to inform its customers about the processing of their data. We refer here to our own data protection regulations.
The participant hereby agrees that indual may pass on information about him/her or his/her employees or third parties called in by him/her, namely the contact details of the registered account, to third parties if this is necessary for the provision of the services and their coordination by indual.
The remuneration for the services provided to the participant by indual is based on indual's current price lists. indual may adjust the fees at any time by giving 30 days' written notice to the end of each month. Improvements to the range of services while maintaining the fees can be implemented by indual at any time. indual reserves the right to change prices at any time.
The participant is obliged to pay the fees due on time and within 30 days. Any bank and postal charges incurred by indual as a result of the payment will be invoiced to the participant with the next invoice.
A fee of CHF 10.00 may be charged per reminder. If an order for a subscription is placed online, this order is binding.
The indual fees do not include any services provided by third parties.
If the participant is in default of payment, indual is entitled to temporarily suspend the service (to block the account completely) or to terminate the contract without notice (without claiming compensation). A flat rate of CHF 200 will be charged for reactivation of the service.
indual endeavors to ensure the impeccable quality of the services offered within the scope of its human and financial resources.
To the extent permitted by law, indual excludes all liability for direct and indirect or consequential damages as well as for auxiliary persons employed by it to fulfill the contract.
The participant can be held responsible or liable for all damages incurred by indual or third parties through his use of indual's services. This applies in particular in the event of unauthorized use of indual's services by the participant, his employees or third parties contracted by him, as well as by third parties who have gained access without authorization.
These General Terms and Conditions of Use and the documents referred to in section 1.2 above, in conjunction with the service contract, conclusively regulate the rights and obligations between indual and the participant.
Amendments or additions to the service contract must be made in writing in order to be valid and must include a reference to the provision to be amended and the legally valid signature of both contracting parties, subject to clause 5.1. indual expressly reserves the right to amend these terms and conditions and the service sheets for the individual services at any time. The participant shall be notified of the new conditions in writing and shall be deemed to have accepted them without objection within one month.
In the event of contradictions between different language versions of the individual contractual documents, only the German-language version shall prevail.
Should a provision of the contract concluded with the participant become void or legally ineffective, the remaining provisions shall continue to apply. In this case, the void or legally ineffective provisions shall be replaced by an effective provision that comes as close as legally possible to the economic effect of the ineffective provision.
The place of performance and jurisdiction is Brig, Switzerland.
If individual provisions of these General Terms and Conditions of Use are not legally effective in whole or in part or lose their legal effectiveness at a later date, this shall not affect the validity of the remaining provisions of the General Terms and Conditions of Use. The invalid provision shall be replaced by the statutory provisions. The same applies if there is an unforeseen loophole in the General Terms of Use.
Status: November 2022
