GTC

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General terms and conditions

 

  1. General
    1. These General Terms and Conditions (hereinafter: GTC) govern the rights and obligations in connection with the use of the services of the provider doITclever GmbH (hereinafter: doITclever or "We") and the doITclever user in connection with the use of our services and the other services offered , Applications, mobile applications and features offered by doITclever, unless we explicitly specify otherwise.
    2. Only our terms and conditions apply. Conflicting or differing terms of the doITclever user will not be accepted, unless we have expressly agreed to the validity in text form. These Terms and Conditions shall also apply if we provide our services to the doITclever user without reservation while being aware of terms and conditions of the doITclever user which deviate from these GTC.
    3. doITclever offers subscriptions services, which can be referred to below as service packages, service packages, pricing models or subscription models.
    4. doITclever also works with partners who can be named third parties, partners or hosters. For partners of doITclever there are further contracts that specifically deal with further points.
  2. Conclusion
    1. These terms and conditions must be accepted for using our Online Creator.
    2. A contract comes - unless otherwise agreed individually - only with successful completion of the registration process. The registration process is completed successfully only when the verification triggered by an email is triggered.
    3. In the case of registration via Facebook, the verification is carried out automatically. The acceptance of the Terms and Conditions are shown by the facebook login and has to be signed before using our Online Creator.
    4. The doITclever user has the option at any time to print these terms and conditions (contract text). The print function of the browser can be used for this.
    5. There is no right to conclude a contract. We are free to decline the offer of a doITclever user to conclude a contract without giving any reason.
    6. The prerequisite for registering a doITclever page is that the doITclever user has a minimum age of 14 years. Minors are allowed to register only with the consent of their legal representatives (eg parents). We reserve the right to request proof of approval from the doITclever user in individual cases.
    7. If the doITclever user operates an online shop on his doITclever site, the minimum age is 18 years.
  3. Our services
    1. doITclever provides an online service that allows doITclever users to create a user account (doITclever account). Through this doITclever account, the doITclever user can create, manage and edit one or more doITclever pages (hereinafter referred to as "doITclever page (s)" or "doITclever website (s)"). The provided service allows the user to customize the design of his doITclever website, to discontinue his own content and / or to operate an online shop.
    2. doITclever offers doITclever users various service packages. An overview with up-to-date service description of the packages can be found on our current website.
    3. Voluntary, free services and services of the provider can be discontinued at any time. The doITclever user is not entitled to continue the service in this case.
    4. Advertisements may appear in certain packages. The doITclever user is not authorized to edit, remove or obscure the placed advertising.
    5. A user-created doITclever page is published under a system-generated subdomain. The doITclever user is not entitled to forward an externally hosted domain to a free doITclever page or display the free doITclever page in an external website (eg integration via frame or iframe).
    6. In the edit mode of all doITclever pages we collect data for quality assurance with the help of Google Analytics. This collection of data is cross-page. We use the information we gather to fix bugs and further improve the ease-of-use of our offering. We reserve the right to use other web analytics systems. We ensure that when using the web analytics systems a careful selection of the respective service provider takes place and the data protection requirements for the use of the respective system are met.
    7. We have the right to serve third-party services at any time and to any extent, in compliance with the legal provisions applicable to doITclever.
    8. doITclever can offer third-party services to extend the service packages, which can be integrated on the doITclever user's website. The type and extent of the claim also depend on the respective terms and conditions of the third party, to which we refer separately. Use of these third-party services is at your own risk; doITclever can not be held responsible for any damage caused by the use of third-party services.
    9. doITclever reserves the right to extend, modify, delete, and make improvements to services or features, especially those that are in the interest of technical progress, appear necessary, and to prevent abuse. We will make these changes only if the changes are reasonable for the doITclever user or if we are required to do so by law.
  4.  Personal data
    1. The doITclever user assures that the personal data provided by him is true and complete. In individual cases, we reserve the right to request a suitable proof of identity.
    2. The doITclever user is obliged to keep the personal data up to date.
    3. In order to preclude use by unauthorized third parties, the doITclever user is obliged to keep the access data secret. If the doITclever user has reason to believe that unauthorized third parties have become aware of or gain access to the access data, we must be informed immediately. In this case, the doITclever user is also obliged to change his password immediately.
    4. The doITclever user agrees to receive electronic communications from us for contractual purposes (eg invoices, important contractual information or significant technical changes).
  5.  General duties of the doITclever user
    1. The doITclever user is responsible for all content that the doITclever user can access or store on doITclever websites. We are not obliged to check the doITclever pages of doITclever users for possible legal violations.
    2. The doITclever user is obliged to comply with all applicable state laws as well as the applicable Swiss regulations. This also applies explicitly to the additionally applicable legal regulations for the operation of an online shop.
    3. The doITclever user agrees to comply with the imprint obligation (or the respective legal duty in the country of use) by himself.
    4. An imprint (provider identification) is to be held at the beginning of the retrievability of the website for third parties. If a company is a doITclever user, always appoint a natural person as the contact person for doITclever. We are to be informed immediately about a change of the contact person.
    5. doITclever regularly creates backups of its web servers. Individual doITclever pages and / or content can not be recovered from these backups. The storage and backup of data or contents of doITclever pages is the responsibility of the doITclever user. doITclever users should periodically back up all contents of their doITclever page (s) to avoid damage caused by data loss. This is especially true for data about products and buyers.
    6. The doITclever user may only use the curated content of our design templates (images, texts, layout, fonts) on his doITclever website. Publishing these contents elsewhere such as e.g. in print media or other platforms on the Internet, is not permitted.
  6. Forbidden actions
    1. The doITclever user is prohibited from any actions on doITclever sites that violate applicable law, violate the rights of third parties or violate the principles of youth protection. The doITclever user is prohibited from publishing, disseminating, offering and promoting:
      1. pornographic, indecent or obscene content
      2. against child protection laws, against data protection law and / or against other law offending and / or fraudulent contents, services and / or products
      3. War, terror and other violent acts against people or animals glorifying or trivializing content
      4. Content that offends or slanders other users or third parties on grounds of age, ethnic or social origin, language, religion, disability, gender, sexual orientation, etcetera
      5. Content suitable for denying, insulting, threatening, or maligning others.
      6. Content, services and / or products that are legally protected or encumbered with third-party rights (eg copyrights) without being demonstrably entitled to do so.
      7. These obligations also apply to references made by doITclever users on its doITclever website ("hyperlinks") to such content on external platforms or services
    2. Furthermore, the following activities are also prohibited, regardless of any possible violation of the law when publishing own content (or by setting links) on doITclever pages:
      1. the spread of viruses, Trojans and other harmful files;
      2. the sending of junk, spam or scam mails as well as chain letters;
      3. the dissemination of obscene or defamatory content or communication as well as content or communication suitable or intended to promote or support racism, radicalism, fascism, fanaticism, hate, physical or mental violence or unlawful acts (in each case explicitly or implicitly ) or otherwise offends the good manners;
      4. the harassment of others, eg. B. by multiple personal contact without or against the reaction of the other and promoting or supporting such harassment;
      5. inviting others to disclose passwords or personal data for commercial, legal or illegal purposes (phishing);
      6. Publishing, distributing, offering and promoting bonus systems, paid4mail services, pop-up services, pyramid schemes or similar forms of marketing and / or advertising;
      7. Offering gambling or sports betting without the permission of the competent authority;
      8. Arranging loans or personal loans in a businesslike manner without the written permission of the competent authority;
    3. Also prohibited is any action that is likely to affect the smooth operation of the doITclever system.
    4. If doITclever is being used as a third party or as a third party for illegal content that the doITclever user provides on its website (eg for omission, revocation, rectification, damages, etc.), the doITclever user is obliged to: DoITclever to reimburse all costs incurred. The doITclever user is also obliged to help doITclever in any way to ward off such claims.
    5. Sending e-mails to a large number of recipients (newsletters, advertising e-mails) via the doITclever mail system is strictly forbidden. The e-mail systems we use automatically respond to the sending of this type of e-mail and block access to the affected e-mail account and the e-mail administration of the doITclever page. In case of repeated violations, we reserve the right to permanently block the e-mail accounts.
  7. Domain registration and hosting transfer
    1. A doITclever user has the opportunity to transfer his website to other servers with a corresponding service package from doITclever. For safety reasons, the external hosting password is not stored in the software of doITclever and must be entered again with each transfer.
    2. In addition, the contract rights for the operability and content of websites of the respective server, respectively provider of such hosting apply including all related services.
    3. doITclever does not take over domain registrations, but hands over this step to third parties, so-called partners of doitclever.ch. Partners can register the domain of the customer at their own discretion for the end customer and assert their own conditions.
    4. Domains that set up partners for an end customer will be serviced and paid for by the end customer, provided that no further written agreements have been made between the partner and the end customer. In this regard, all rights and information of the external provider of these domains apply.
    5. We assume no liability for external domains, hosting or servers. A failure of such an external service must be fully regulated by the legal provisions of the external service.
  8.  Plugins of third parties
    1. The Developer Kit by doITclever is publicly available to anyone interested in creating plug-ins. The created plugins are considered as plugins of third parties.
    2. The Developer Kit code may not be used for other third party products and is under the terms and conditions of doITclever.
    3. Plug-ins supported by doITclever can also come from third-party providers, which in this case fall under the aforementioned point. We do not accept any damages that may arise from third party plugins.
    4. Third party plugins are also under the license on doITclever. The code contained therein, as well as the concept and the product in its completeness may be used freely by doITclever.
    5. Plugins may be resold to end users of doITclever, regardless of their provenance and current costs. We reserve the right whether we credit the author of the plugin or not.
  9. Blocking of access
    1. We may suspend access to our services temporarily or permanently if there are concrete indications that the doITclever user has violated these GTC and / or applicable law, or if we have any other legitimate interest in blocking.
    2. Access may also be blocked if the doITclever user is in default of payment for more than 30 days.
    3. When deciding on a suspension, we will take due account of the legitimate interests of all parties involved.
    4. If a doITclever user does not log in on his free doITclever page within 180 days, we are entitled to irrevocably delete this website and all content contained on it.
  10.  service disruptions
    1. We endeavor to ensure the uninterrupted usability of our services and services. The doITclever user acknowledges, however, that for technical reasons and due to external influences (eg unavailability of the communication networks, interruption of the power supply, hardware and software errors) uninterrupted availability of the doITclever websites is not feasible. There is no claim to high availability. Only temporary access restrictions do not justify any warranty claims or a right to extraordinary termination. The current status of our system can be viewed here.
    2. Insofar as our services are rendered free of charge for the doITclever user, the doITclever user is entitled to use our services only within the scope of our actual availability.
    3. For paid services, we provide an availability of 98% in the annual average in our area of ​​responsibility. The regular maintenance windows, which can be 4 hours per week, are not included in the calculation of availability. We strive to keep maintenance times as short as possible.
    4. To properly use the doITclever system, certain system requirements must be met. The provider is not responsible for any performance issues or restrictions when using other system configurations.
  11. Terms of payment
    1. For the use of fee-based service packages, as well as additional services and plug-ins, charges are incurred, which are due in advance for a contract period.
    2. The respective possible payment methods are displayed to the doITclever user in the product information and / or in the order process.
    3. Invoices for fee-based service packages are provided to doITclever users exclusively by e-mail in PDF format.
    4. The respective invoice amount must be paid in full to doITclever within 30 days of receipt of the invoice, unless otherwise agreed.
    5. For the timeliness of payments, it depends on the receipt of the amount to our unconditional disposal.
    6. doITclever processes all payments via external payment service providers. These include, but are not limited to, Post Finance and Migros Cembra Money Bank. The doITclever user agrees that doITclever accepts payments only through these service providers or that the respective service providers may deduct the resulting amounts. In the case of a transfer, payment must be made to the payment service provider specified in the payment process.
    7. If a doITclever contract contains a payment method that automatically debits the costs of extending the contract, doITclever will automatically debit (collect) the amount due on the day the contract is renewed. If an automatic debit is not possible, the doITclever user will receive a payment link from us on the day the contract is renewed. Payment for the new contract period must be made via this link within 14 days. The doITclever user agrees to the automatic debit by selecting the payment method.
    8. For a payment by bank transfer, the purpose specified by us must be stated. If the doITclever user transfers with another use, he must inform us immediately and send us proof of payment. The following information must be complete and decipherable on this proof: the bank details (IBAN) of the sender account, the name of the account holder, the date of payment, the amount, the purpose of use and the bank details (IBAN) of the recipient. The proof of a payment lies with the doITclever user.
    9. The provider is also entitled to disable the website in the test area of ​​the doITclever user and to block the doITclever accesses, provided the fees are not paid. The doITclever user expressly grants doITclever the power of attorney to accept such termination by accepting these terms and conditions.
    10. doITclever accepts no liability for any loss, damage or loss of revenue caused by the blocking of the site due to incorrect or late payment, if the error or the delay is caused by the doITclever user.
    11. Payments in Switzerland are due only in CFR.
    12. Discounts or promotions, unless stated otherwise, refer to the first contractual period of a contract period. The renewal of the contract then takes place at the current, valid full price. We can occasionally change our offer and prices. For existing, chargeable contracts, the changes will take effect at the beginning of the next contract period and will have a reasonable notice period of at least 6 weeks. If the doITclever user does not object within 6 weeks of receipt of the notification and continues to use the services after the expiry of the opposition period, the changes shall be deemed to have been effectively agreed as of the expiry of the deadline. In the change notification, we will inform doITclever users of their right to object and the consequences of an objection.
    13. All prices are without VAT. DoITclever is currently not subject to VAT.
  12.  Chargebacks
    1. Should there be a chargeback on the part of the doITclever user, we reserve the right to block the corresponding doITclever page (s) and to terminate the associated contract (/ contracts).
    2. Another use of the doITclever page is only possible after all outstanding claims have been settled.
    3. Any fees that doITclever incurs as a result of the chargeback, the refusal of a payment or the opening of a dispute may be charged to the doITclever user. The doITclever user can contact customer support in advance if they have a question about a payment.
    4. Should there be any problems with the collection of the invoice amount, doITclever reserves the right to offer only certain payment methods for the settlement of the invoice.
  13.  Withdrawal
    1. Consumers are in principle entitled to a right of withdrawal. Further information can be found in the cancellation policy.
    2. Upon cancellation of a contract, we will repay the payment received under this contract immediately and at the latest within fourteen days from receipt of the cancellation. For this repayment, we use the same means of payment that the doITclever user used in the original transaction.
    3. After termination of the contract, doITclever deletes the websites in the test area of ​​the doITclever user. In the course of the revocation, the doITclever user has the option of deactivating the doITclever page or of continuing to use it as part of another service package.
  14.  Responsibility for content
    1. We offer doITclever users the possibility to upload content on their own doITclever website and make it available to third parties. In order for us to be able to provide the services for creating the website with texts, images and, if necessary, videos, it is necessary that the doITclever user grants doITclever GmbH rights of use for copying, editing and making available to the public his contents. This does not mean that we sell the contents of the user to third parties. The personal copyright of the author remains unaffected.
    2. By posting content, the doITclever user grants us a free usage right to the respective content, in particular:
      1. to store the content on our servers as well as their publication, in particular their public accessibility (eg by displaying the content on our website)
      2. for processing and duplication, as far as this is necessary for the provision or publication of the respective contents
    3. By registering with doITclever, the user agrees that his website will be created in a test system of doITclever and made publicly accessible. The test system including its website is not protected by a login. This can be a realistic replication of his website.
    4. The doITclever user is fully responsible for the content he publishes. doITclever is not obliged to check the content in advance for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
    5. The doITclever user declares and warrants to us that he is the sole owner of all rights to the content posted by him on his website, or is otherwise entitled (eg, by an effective permission of the copyright holder), the content on his Website.
    6. We reserve the right to refuse the posting of content and / or block or remove any content (including private messages) that has already been posted, without prior notice, unless the content of the content by the doITclever user or the content itself is breached have led to these terms and conditions or concrete evidence that there will be a serious violation of these terms and conditions. In doing so, we will take into account the legitimate interests of the doITclever user and take appropriate measures to defend and / or eliminate the violation.
    7. The doITclever user shall indemnify us against all claims that third parties assert against us for a violation of the law by the doITclever user, against third party rights (in particular personality, copyright and trademark rights) or against contractual obligations, assurances or warranties, including the costs of the necessary legal defense (attorney and court fees in the legal amount) on first request free. The doITclever user is obligated, in the case of the assertion of such claims, to cooperate promptly and completely with the clarification of facts and to make the required information available to us in a suitable manner.
  15.  Contracts and terminations
    1. A doITclever user can order the deletion of his website from doITclever for free at any time. His website is completely removed from the system of doITclever, the test system and the doITclever server. The externally transferred website of the user remains unaffected.
    2. Unless otherwise stated in the respective service description, the contract of the paid packages has a term of 12 months and is extended by the same period, if the contract is not terminated one month before the end of the respective term.
    3. Terminations must be sent to us in text form (eg fax, e-mail, letter). In the event of termination by e-mail, this must be sent from the e-mail address that the doITclever user has deposited as a contact address on his doITclever website. A termination can be pronounced on the following working day or at the end of the contract period.
    4. In case of contract termination, the user's website will be completely deleted from the server of doITclever. Its website is completely removed from the main system, from the test system and from the doITclever server. The externally transferred website of the user remains unaffected.
    5. A refund of prepaid charges will not be made upon termination or cancellation prior to the expiration of the contract.
    6. The doITclever user has the option to order additional services for certain service packages. If the doITclever user terminates one or more of these additional services, the contractual relationship remains otherwise unaffected.
    7. The doITclever user has the opportunity to change the service package. An upgrade of the service package is possible at any time. The desire to downgrade the service package must be communicated to doITclever no later than four weeks before the end of the contract period. In the case of a downgrade, the changeover takes place when the contract is extended.
    8. We are entitled to terminate the contract without stating reasons with a notice period of 3 months. Prorated fees paid in advance will be refunded in this case.
    9. The extraordinary right of termination of each contracting party remains unaffected.
    10. In particular, we are entitled to extraordinary termination of the contractual relationship without observing a notice period, if facts justify the assumption that the doITclever user has intentionally or negligently "prohibited acts" within the meaning of these terms and conditions. Such a violation or non-observance may also result in civil and criminal consequences for the doITclever user himself. Prorated fees paid in advance will in principle not be refunded in this case. It is up to the doITclever user to provide evidence that the non-granted refund in his case is "unfair".
    11. The timely storage and backup of data in the event of termination is the responsibility of the doITclever user.
  16.  Data protection
    1. We ensure that personal data of doITclever users are only collected, stored and processed, as far as this is necessary for the provision of our services and permitted by law, or ordered by law.
    2. In the event that data protection legal declarations of consent from the doITclever user are obtained as part of the use of our services, it is pointed out that these can be revoked by the doITclever user at any time with effect for the future.
    3. As far as a processing of data in the order is present, doITclever users can ask for the conclusion of a contract data processing contract. doITclever offers the completion of the contract data processing contract only to users of paid products.
    4. A service like doITclever is constantly changing in terms of processing of data, the use of third-party providers or services. doITclever is constantly looking for solutions to improve its services to the doITclever user.
    5. In this context, we may also change details of the processing of data through our websites. Up-to-date information on the purpose, nature and extent of the collection, processing and use of personal data can be found in the privacy policy, which can be accessed at any time under the "Privacy Policy" link. In particular, you will find information about the cookies and services we use.
  17.  Limitation of liability
    1. In case of intent or gross negligence we are liable without limitation for all damages caused by us.
    2. In the case of slight negligence, we are liable without limitation in case of injury to life, body or health.
    3. Incidentally, we are only liable if we have violated a material contractual obligation. In the abstract, such essential duties are obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the doITclever user can regularly rely. In these cases, the liability is limited to the compensation of the foreseeable, typically occurring damage, but at most to the amount of an annual remuneration for the relevant doITclever website.
    4. As far as our liability is excluded or limited according to the aforementioned regulations, this also applies to our vicarious agents.
    5. Liability under the Product Liability Act remains unaffected.
  18.  Final provisions
    1. As far as legally permissible, the law of Switzerland applies, whereby the validity of the UN sales law is excluded.
    2. If the doITclever user is a merchant, a legal entity under public law or a special fund under public law, our registered office is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
    3. Should individual provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
    4. In the event of deviations arising from the translation, the wording is in German.
    5. We reserve the right to change these terms and conditions at any time with effectiveness even within the existing contractual relationships. This change informs users as soon as they log in to doITclever. The changes to the GTC have an influence only on the use of doITclever and its services and not on the externally transferred website of the doITclever user.