General terms and conditions

  1. Scope of application and applicability

1.1 The application provider, hereinafter referred to as cirQit, provides the client, hereinafter referred to as the client, with an account with storage space on a server connected to the Internet.
connected server. An application for the administration, maintenance and editing of the stored documents is linked to the service. The
Current offers with prices for this service are published on the website. cirQit does not maintain its own
server hardware, but uses the offerings of established cloud providers for its services. The customer informs cirQit for which offerings and for which
additional offers he has decided on.

1.2 The contract is concluded when cirQit has confirmed the client's selection by e-mail. Individual contracts that deviate from the GTC are concluded in writing. This also applies if the contract differs from the GTC only in individual points.

1.3 The contract for the basic package is concluded for 20 years. The term of any additional offers is linked to the basic package, regardless of whether the additional offer is booked at the same time as the basic offer or later. If the customer does not use the booked storage space and the associated application, or deletes his account prematurely, there is no entitlement to pro rata compensation on the price paid once. Service contracts are concluded for a fixed period of time; if neither of the contracting parties takes the measures provided for in clause 14. to terminate the contract, the contract will automatically expire at the end of the contract period. cirQit will notify the customer of the impending end of the contract.

1.4 An unlimited contract can be terminated with a notice period of 1 month to the end of a month.

  1. Changes to these GTC

2.1 cirQit is entitled to amend or supplement these GTC with a reasonable notice period with effect for the future. Amendments or supplements will be communicated to the client in an appropriate form (e.g. in writing or by e-mail).

2.2 If the customer does not agree with the change or amendment, he is obliged to object in writing within four weeks after receipt of the notification. If the client does not object to the amended terms and conditions within the time limit, they will be effectively incorporated in accordance with the notice. cirQit will point this out in the notification.

2.3 If the changes or additions are indispensable for cirQit for compelling legal reasons, the customer's obligation to give notice and right of objection do not apply. Changes and additions made for such compelling legal reasons do not give rise to claims for damages against cirQit.

  1. Terms of payment

3.1 The offer selected by the customer and the current price at the time of conclusion of the contract shall be decisive for invoicing.

3.2 The agreed price is binding for the contract term selected by the customer upon conclusion of the contract and is owed once for the entire term.

3.3 The customer makes payments by bank transfer to the account specified in the invoice or by credit card payment. Optionally, cirQit can also offer alternative payment options, such as PayPal, Twint or similar payment service providers. Bank charges are borne by the customer.

3.4 An invoice is issued once in advance for the entire contract period. As soon as the money has been credited to cirQit's account, the storage space will be activated with the services offered.

3.5 Prior to the expiry of the contract, cirQit informs the client of the impending end of the service with a binding offer to extend the contractual relationship.

3.6 If a fixed-term contract is extended by the client after expiry of the contract term, the prices published on at that time or the price offered by cirQit to the client shall apply.

3.7 If a client is in default of payment, cirQit will first send him a reminder by e-mail. If the client does not pay within ten days, cirQit reserves the right to block the corresponding storage space until payment is received. If this takes longer than another ten days, cirQit will terminate the storage space without notice.

3.8 In the event of default in payment, cirQit is entitled to demand interest in the amount of 9% for the year in accordance with Art. 104 f. Swiss Code of Obligations (OR). In the event of late payment or other reasonable doubt about the end client's solvency or creditworthiness, cirQit may demand securities and advance payments for outstanding services. The right to assert further rights and claims, e.g. for damages, remains reserved.

3.9 If cirQit discontinues one or more services, it undertakes to contact its clients in good time so that they can back up their stored data. There is no right to a refund of prepaid amounts pro rata temporis.

3.10 The fee for special chargeable services is charged before they are used for the first time.

3.11 Payments shall be made in Swiss francs.

  1. Warranty

4.1 cirQit aims to provide its services, as far as possible, seven days a week, 24 hours a day, without disruption or interruption.

4.2 cirQit undertakes to keep itself technically up-to-date for the security of its own systems and those of its clients.

4.3 cirQit undertakes to carry out maintenance work, expansion of services, introduction of new hardware and software as far as possible not during normal business hours. It will inform clients as soon as possible of any foreseeable interruptions in service.

4.4 In the event of unforeseeable interruptions of service, cirQit informs its customers as soon as possible. It undertakes to remedy the disruption as soon as possible within the scope of its possibilities.

  1. Liability provisions

5.1 cirQit undertakes to ensure state-of-the-art security in systems, programmes, etc. which it owns and over which it has influence.

5.2 cirQit limits its liability to damages that are due to intentional breaches of contract or gross and average negligence on the part of the entrepreneur or its employees. If such arise, clients should report defects and malfunctions to the provider without delay.

5.3 The Customers are aware that errors can creep in even with careful software development and maintenance, so that the Contractor cannot vouch for the complete achievement of all hoped-for goals.

  1. Cessation of the obligation to perform

6.1 cirQit is not liable for defects and malfunctions for which it is not responsible, especially not for security defects and operational failures of third-party companies with which it cooperates or on which it depends.

6.2 Excluded from the warranty are defects and malfunctions for which the provider is not responsible, such as natural wear and tear, force majeure, improper handling, excessive use, unsuitable operating materials or extreme environmental influences, interventions by the customer or malfunctions by third parties, e.g. viruses, worms, which occur despite the necessary current security precautions.

6.3 Circumstances and occurrences that cannot be prevented with the due care of ordinary business management ("cases of force majeure") result in the contractual obligations of the contracting parties being suspended for the duration of the disruptions and to the extent of their effect. If in cases of force majeure the restrictions exceed the period of one week, the contracting parties have the right to terminate the contract without notice with respect to the affected cirQit service. Further claims are excluded.

6.4 The provider is expressly not liable for any negative effects that other programs on the client's computers may have on the use of the cirQit cloud.

6.5 cirQit accepts no liability for damages incurred by clients as a result of the content of the data stored by them on the cloud or the transfer of the information concerned to the internet or intranet.

  1. Privacy

7.1 When processing personal or asset-related data via the Cloud Services, the Customer shall comply with the applicable data protection laws and regulations. He is the responsible party in this respect. Insofar as deviating or supplementary agreements on data protection are required, the Customer shall agree these with the respective Processor.

7.2 cirQit informs customers on its website about data protection and other risks as well as security precautions that they must observe.

7.3 cirQit assumes no liability whatsoever if a client violates its data protection and confidentiality obligations to third parties or third-party companies within the cloud. The outsourcing of data and processes does not release clients from their own responsibility.

  1. Audit law

8.1 cirQit has the right, after reasonable notice and during the client's normal business hours, to audit the end client's compliance with the contractual provisions on site. cirQit may also commission a third party as appointed auditor to conduct such an audit. A prerequisite for auditing by a third party is that the third party undertakes to maintain confidentiality vis-à-vis the end client to an appropriate extent or is legally obliged to maintain professional secrecy accordingly.

  1. Secrecy

9.1 All contracting parties shall treat as confidential all information that is neither generally known nor generally accessible, in particular information on know-how and programming. In case of doubt, information shall be treated confidentially.

9.2 The obligation to maintain secrecy pursuant to clause 9.1 already exists prior to the conclusion of the contract and continues beyond the termination of the contract as long as the data concerned was not already publicly known. The customer decides individually per selected and paid contract whether system data and documentation are publicly accessible or accessible in a restricted manner via user authorisations.

9.3 cirQit undertakes to provide encryption systems for the data stored on the cloud.

9.4 Customers may irretrievably delete the data stored on the Cloud at any time. Immediate deletion of all data requires written form, whereby the customer must clearly identify himself as authorised to delete. cirQit assumes no responsibility for backing up the deleted data.

9.5 The contracting parties shall oblige their employees (including temporarily employed employees and trainees) and any subcontractors engaged in the course of the performance of the contract in writing to maintain confidentiality to the extent stated and shall provide the respective other contracting party with corresponding declarations of obligation upon request. The obligation to maintain secrecy shall continue to exist without restriction after termination of the contract.

9.6 In the event of a breach of the confidentiality obligation, the other party may claim damages as well as a contractual penalty of CHF 20,000.- This contractual penalty in no way releases the other party from the obligations of these GTC.

  1. Relationship with third parties

10.1 cirQit undertakes to fulfil its rights and obligations under this contract in full itself and not to transfer them to third parties.

10.2 If it is necessary to have individual services provided by third parties, this requires the written consent of the clients, who must be fully informed in advance of the identity of the third-party company. In such cases, third-party companies are selected so that they are subject to the data protection laws of Switzerland or the EU. To this end, cirQit undertakes to conclude a confidentiality agreement with the third-party company that is just as strict as the confidentiality obligations set out in section 9 of these GTC.

10.3 If services by third-party companies become necessary, the clients are entitled to terminate the contract without notice if they do not agree with the involvement of the third-party company. This shall not give rise to any claim for compensation of the offer price.

10.4 The client is expressly permitted to pass on costs incurred for services and contracts with cirQit to third parties and to book and use services offered by cirQit on behalf of third parties.

  1. Support

11.1 cirQit supports customers with technical questions, installation and application problems after opening the account.

11.2 The rectification of faults for which cirQit is responsible, as well as the relevant advice, are free of charge for clients.

11.3 Information on how to behave in the event of disruptions can be found on cirQit's website. Special escalation agreements are made with clients upon request.

11.4 For services and consultations not agreed in the contract, corresponding support options are available whose prices and services can be viewed on the website. Corresponding support contracts with specified terms can be concluded online.

  1. Obligations of the customer

12.1 Customers procure at their own expense the equipment they themselves require to access the cloud (hardware, software). The cirQit staff will be happy to provide information about the necessary installations.

12.2 The customer is obliged to provide the data necessary for the execution of the contract and the service completely and correctly and to notify any changes without delay. This applies in particular to address data, bank details and e-mail address. Clients shall notify cirQit of any changes of address and other necessary information without delay.

12.3 Clients must secure their own system in such a way that it does not become a source of danger for others and that neither the security, integrity nor availability of the infrastructure used by cirQit for its services is impaired. cirQit may block services in whole or in part if systems of the client impair security, integrity or the availability of the infrastructure. In this case the client receives a reminder.

12.4 As a matter of principle, it is the customers' responsibility to make backup copies of their data.

12.5 The customer is responsible for ensuring that the address designations chosen by him, such as domain, e-mail addresses, do not infringe the rights of third parties.

12.6 Customers undertake to change passwords regularly. They shall manage passwords and other access data carefully and keep them secret.

Clients are obliged to inform cirQit immediately as soon as they become aware that unauthorised third parties are aware of the password. cirQit undertakes to block access to the data of the client concerned without delay after such information has been provided, until such time as other passwords and access codes have been installed.

12.7 If a client fails to inform cirQit of the misuse of his passwords, he must pay for the unauthorised services in accordance with the contract. It is therefore in the client's interest to keep the access data under careful control.

12.8 The client refrains from disseminating information and image material with illegal content. The client does not use cirQit's services in an illegal manner. In particular, but not exclusively, it is prohibited:

  • Incitement to violence within the meaning of Art. 259 SCC
  • Racial discrimination within the meaning of Art. 261 SCC
  • Instructing or inciting criminal conduct
  • unauthorised games of chance within the meaning of the Lottery Act
  • defamatory statements about third parties or publications that violate personal rights
  • information that infringes copyrights, related rights or other intellectual property rights of third parties, unless the customer has been authorised to do so in writing by the third parties.
  • not to use cirQit services to harm or harass third parties, in particular by unauthorised intrusion into third-party systems (hacking), distribution of viruses of any kind or by unsolicited sending of e-mails (spamming, junk mail, etc.)
  • Content of an erotic nature must be protected from access by minors by means of suitable measures. The operation of so-called download sites is generally undesirable and must be clarified with cirQit in advance.
  • The operation of websites with copyright-protected content is prohibited unless the operator is in possession of legally valid licences permitting distribution. Such licences must be presented to cirQit upon request. cirqit reserves the right to block corresponding content at its own discretion and to terminate the contract without notice, whereby no payments already made will be refunded.
  • Do not scan networks for open ports (accesses) of foreign computer systems.
  • by configuring server services (such as proxy, news, mail and web server services) to cause unintentional replication of data (dupes, mail relaying)
  • Falsify mail and news headers and IP addresses
  • Run download/sync folders or folders that trigger high traffic

12.9 Customers themselves are responsible for the data and information processed in the cloud. They should not violate Swiss legal regulations. As far as necessary, international law and in any case netiquette must also be taken into account.

12.10 cirQit accepts no responsibility for damages arising from the clients' failure to fulfil the obligations set out in clauses 9.1 to 9.9. On the other hand, the clients are liable to cirQit for all damages that are attributable to the breach of their contractual obligations under Sections 9.1 to 9.9 and unlawful acts.

12.11 cirQit is entitled to immediately block access to the cloud in the following cases:

  • if a customer compromises the security of the cloud through improper and criminal activities
  • if a customer accesses data of other users without authorisation
  • if cirQit becomes aware that a customer is storing criminal content in the cloud

12.12 In the event of criminal offences, cirQit is entitled to inform the police.

  1. Copyright

13.1 cirQit retains copyright and exploitation rights to the software it has developed itself.

13.2 If cirQit uses software provided by clients, the latter retain all rights thereto, unless otherwise agreed between the third party, the service provider and/or the client.

13.3 If a client uses software developed by himself or by third parties, the copyright remains with him or the third party. The client in question indemnifies cirQit against copyright claims of third parties with respect to the software in question.

13.4 The copyright of all data stored by the client on cirQit remains with the client. If the client manages data with copyright or ownership rights of third parties, the client is responsible for agreeing written rights of use and management with these third parties.

  1. Termination of the contract

14.1 An open-ended contract may be terminated by either party up to 30 days before expiry by email or letter.

14.2 Fixed-term contracts expire at the end of the agreed period and must be renewed proactively. cirQit informs its clients about expiring contracts at an early stage.

14.3 cirQit undertakes to irretrievably delete all data of the client concerned after termination of the contract. If services have been provided by third-party companies, these must also be obliged to irretrievably delete all data of the client concerned. For security reasons, the data shall remain stored on the web application as a backup for 3 months after deletion before being permanently deleted.
If the customer demands immediate and final deletion, he must request this in writing and clearly identify himself as a customer!

14.4 Should cirQit discontinue a service, it undertakes to inform the clients as early as possible. The clients then have the right to immediately terminate the contract relating to that service. Even then, cirQit is obliged to irretrievably delete all data of its clients associated with the cancelled service.

14.5 It is in the interest of the customers to back up their data at the latest before the termination of the contract so that they can freely dispose of it. After the termination of the contract, cirQit is no longer responsible for the data of the clients concerned.

14.6 cirQit is not obliged to transfer client data to other providers upon termination of the contract. If this is desired by the client, a special contract must be concluded.

  1. Final provisions

15.1 Swiss law, namely the provisions of the Swiss Code of Obligations, shall apply to this contract.

15.2 The Parties shall endeavour to settle any difficulties arising from the performance of this Agreement amicably.

15.3 If certain points are not regulated or individual provisions of these terms and conditions are invalid, the contract shall nevertheless remain in force. The unregulated or ineffective points shall be replaced by an agreement that complies with the law and comes as close as possible to the will of both parties.

15.4 The place of jurisdiction is cirQit's place of residence or place of business.


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