1.1 The application provider, hereinafter referred to as cirQit, provides the customer, hereinafter referred to as Customer, with an account including storage space on an Internet
connected server. The service includes an application for managing, maintaining, and editing the stored documents. The
current offers and prices for this service are published on the cirqit.cloud website. cirQit does not maintain its own
server hardware but uses the services of established cloud providers for its services. The Customer informs cirQit which offers and which
additional services they have chosen.
1.2 The contract is concluded when cirQit has confirmed the Customer’s selection by email. Individual contracts that deviate from these General Terms and Conditions must be concluded in writing. This also applies if the contract differs from the General Terms and Conditions only in individual points.
1.3 The contract for the basic offer is concluded for 20 years. Any additional offers are linked in their term to the basic package, regardless of whether the additional offer is booked simultaneously with the basic offer or at a later date. If the Customer does not use the booked storage space and the associated application, or deletes their account prematurely, there is no claim for pro-rata compensation on the one-time paid price. Service contracts are concluded for a specific period; if neither party takes the measures provided in Section 14 for terminating the contract, the contract automatically expires after the contract period. cirQit will notify the Customer of the impending contract end.
1.4 An indefinite contract can be terminated with one month’s notice to the end of a month.
2.1 cirQit is entitled to amend or supplement these General Terms and Conditions with reasonable notice, effective for the future. Amendments or supplements will be communicated to the Customer in an appropriate form (e.g., in writing or by email).
2.2 If the Customer does not agree with the amendment or supplement, they are obliged to object in writing within four weeks of receiving the notification. If the Customer does not object to the amended terms within the deadline, these will be effectively incorporated as announced. cirQit will point this out in the notification.
2.3 If the amendments or supplements are indispensable for cirQit due to compelling legal reasons, the notification obligation and the Customer’s right to object shall not apply. Amendments and supplements made due to such compelling legal reasons do not give rise to claims for damages against cirQit.
3.1 The offer selected by the Customer and the price current at the time of contract conclusion are decisive for invoicing.
3.2 The agreed price is binding for the contract term selected by the Customer at the time of contract conclusion and is due 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 may also offer alternative payment methods, such as PayPal, Twint, or similar payment service providers. Bank charges shall be borne by the Customer.
3.4 Invoicing for the entire contract period is done once in advance. As soon as the payment has been received in cirQit’s account, the storage space with the offered services will be activated.
3.5 Before the contract expires, cirQit will inform the Customer about 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 Customer after its expiration, the prices published on cirqit.cloud at that time or the price offered by cirQit to the Customer shall apply.
3.7 If a Customer is in default of payment, cirQit will first send them a reminder by email. If the Customer does not pay within ten days, cirQit reserves the right to block the corresponding storage space until payment is received. If this period extends beyond another ten days, cirQit will terminate the storage space without notice.
3.8 In case of default, cirQit is entitled to demand interest at a rate of 9% per annum in accordance with Art. 104 et seq. of the Swiss Code of Obligations (OR). In case of default or other justified doubts about the solvency or creditworthiness of the end customer, cirQit may demand securities and advance payments for outstanding services. The assertion of further rights and claims, e.g., for damages, remains reserved.
3.9 If cirQit discontinues one or more services, it undertakes to contact its Customers in advance so that they can secure their stored data. There is no claim for a pro-rata temporis refund for amounts paid in advance.
3.10 The fee for special paid services will be charged before they are used for the first time.
3.11 Payments are made in Swiss Francs.
4.1 cirQit aims to provide its services as far as possible seven days a week, 24 hours a day, without disruptions or interruptions.
4.2 cirQit undertakes to maintain the latest technical standards for the security of its own systems and those of its Customers.
4.3 cirQit undertakes to carry out maintenance work, service expansion, and the introduction of new hardware and software, if possible, not during regular business hours. It will inform Customers as soon as possible about foreseeable service interruptions.
4.4 In the event of unforeseeable service interruptions, cirQit will inform its Customers as quickly as possible. It undertakes to remedy the disruption as soon as possible within its capabilities.
5.1 cirQit undertakes to ensure security according to the latest technical standards in systems, programs, etc., that it owns and influences.
5.2 cirQit limits its liability to damages resulting from intentional breaches of contract or gross and moderate negligence on the part of the entrepreneur or its employees. Should such damages occur, Customers should immediately notify the provider of defects and disruptions.
5.3 Customers are aware that errors can occur even with careful software development and maintenance, meaning the entrepreneur cannot guarantee the complete achievement of all desired goals.
6.1 cirQit is not liable for defects and disruptions for which it is not responsible, especially not for security flaws 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 disruptions for which the provider is not responsible, such as natural wear and tear, force majeure, improper handling, excessive use, unsuitable operating equipment or extreme environmental influences, interventions by the Customer or disruptions by third parties, e.g., viruses, worms, which occur despite the necessary current security precautions.
6.3 Circumstances and events that cannot be prevented with the diligence of proper business management (“force majeure events”) result in the contractual obligations of the 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 a period of one week, the contracting parties have the right to terminate the contract without notice with regard to the affected cirQit service. Further claims are excluded.
6.4 The provider is expressly not liable for negative effects that other programs on the Customer’s computers may have on the use of the cirQit cloud.
6.5 cirQit assumes no liability for damages incurred by the Customer due to the content of the data stored by them on the cloud or the transfer of the relevant information to the internet or intranet.
7.1 When processing personal or plant-related data via the cloud services, the Customer will comply with the applicable data protection laws and regulations. In this respect, they are the data controller. If deviating or supplementary data protection agreements are required, the Customer will agree to these with the respective data processor.
7.2 cirQit informs Customers on its website about data protection and other risks, as well as security measures they must observe.
7.3 cirQit assumes no liability if a Customer violates their data protection and confidentiality obligations towards third parties or third-party companies within the cloud. By outsourcing data and processes, Customers are not relieved of their own responsibility.
8.1 cirQit has the right, after reasonable notice during the Customer’s usual business hours, to verify compliance with the contractual provisions at the end customer’s premises. cirQit may also commission a third party as an appointed auditor to conduct such an audit. A prerequisite for an audit by a third party is that this party is adequately bound to confidentiality towards the end customer or is legally obliged to professional secrecy.
9.1 All contracting parties shall treat all information confidentially that is neither generally known nor generally accessible, especially information regarding know-how and program design. In case of doubt, information is to be treated confidentially.
9.2 The confidentiality obligation according to Section 9.1 exists even before the conclusion of the contract and continues beyond the termination of the contract, as long as the relevant data was not already publicly known. The Customer individually decides via the chosen and paid contract whether plant data and documentation are publicly accessible or restricted via user permissions.
9.3 cirQit undertakes to provide encryption systems for the data stored on the cloud.
9.4 Customers can irrevocably delete the data stored on the cloud at any time. An immediate deletion of all data requires written form, whereby the Customer must clearly identify themselves as authorized to delete. cirQit assumes no responsibility for backing up deleted data.
9.5 The contracting parties shall oblige their employees (including temporary employees and interns) and, if applicable, subcontractors involved in the performance of the contract, in writing to maintain confidentiality to the extent specified and shall provide the respective other contracting party with corresponding declarations of commitment upon request. The confidentiality obligation shall continue indefinitely even after the termination of the contract.
9.6 In case of a breach of the confidentiality obligation, the other party may demand damages as well as a contractual penalty of CHF 20,000. This contractual penalty does not in any way release from the obligations of these General Terms and Conditions.
10.1 cirQit undertakes to fulfill its rights and obligations under this contract entirely itself and not to transfer them to third parties.
10.2 If it is necessary to have individual services performed by third parties, the written consent of the Customers is required, who must be fully informed beforehand about the identity of the third-party company. In such cases, third-party companies will be selected so that they are subject to the data protection laws of Switzerland or the EU. For this purpose, cirQit undertakes to conclude a confidentiality agreement with the third-party company that is as strict as the confidentiality obligations under Section 9 of these General Terms and Conditions.
10.3 If services by third-party companies become necessary, Customers are entitled to terminate the contract without notice if they do not agree with the involvement of the third-party company. This does not give rise to any claim for compensation of the offer price.
10.4 The Customer is expressly permitted to pass on costs incurred for services and contracts with cirQit to third parties and to book and use cirQit’s offers on behalf of third parties.
11.1 cirQit supports Customers with technical questions, installation, and application problems after the account has been opened.
11.2 The rectification of disruptions for which cirQit is responsible, as well as the related consultation, are free of charge for Customers.
11.3 Information on how to proceed in case of disruptions can be found on cirQit’s website. Upon request, special escalation agreements can be made with Customers.
11.4 For services and consultations not agreed upon in the contract, corresponding support options are available, whose prices and services can be viewed on the cirqit.cloud website. Corresponding support contracts with specified terms can be concluded online.
12.1 Customers shall procure, at their own expense, the facilities they require for accessing the cloud (hardware, software). cirQit’s employees will gladly provide information about the necessary installations.
12.2 The Customer is obliged to provide complete and correct data necessary for contract processing and service provision and to communicate any changes immediately. This applies in particular to address data, bank details, and email address. Customers shall immediately inform cirQit of any changes of address and other necessary information.
12.3 Customers must secure their own system in such a way that it does not become a source of danger for others and does not impair the security, integrity, or availability of the infrastructure that cirQit uses for its services. cirQit may block services in whole or in part if Customer systems impair the security, integrity, or availability of the infrastructure. In this case, the Customer will receive a warning.
12.4 It is generally the Customers’ responsibility to create backup copies of their data.
12.5 The Customer is responsible for ensuring that the address designations chosen by them, such as domain names and email addresses, do not infringe upon the rights of third parties.
12.6 Customers undertake to change passwords regularly. They manage passwords and other access data carefully and keep them secret.
Customers are obliged to inform cirQit immediately as soon as they become aware that unauthorized third parties know the password. After such notification, cirQit undertakes to immediately block access to the data of the Customer concerned until other passwords and access codes are installed.
12.7 If a Customer fails to inform cirQit about the misuse of their passwords, they must pay for the unauthorized services obtained according to the contract. It is therefore in the Customers’ interest to keep access data under careful control.
12.8 The Customer refrains from distributing information and visual material with illegal content. The Customer shall not use cirQit’s services in an illegal manner. It is particularly, but not exclusively, prohibited to:
12.9 Customers are solely responsible for the data and information processed in the cloud. They should not violate Swiss legal regulations. Where necessary, international law and, in any case, netiquette must also be observed.
12.10 cirQit assumes no responsibility for damages arising from customers failing to fulfill the obligations stated in sections 9.1 to 9.9. Conversely, customers are liable to cirQit for all damages resulting from 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:
12.12 In the event of criminal offenses, cirQit is entitled to inform the police.
13.1 cirQit retains the copyright and exploitation rights to the software it has developed.
13.2 If cirQit uses software from customers, all rights thereto remain with the customers, unless a different agreement exists between the third party, the service provider, and/or the customer.
13.3 If a customer uses self-developed software or software from third parties, the copyright remains with the customer or the third party, respectively. The customer concerned indemnifies cirQit against third-party copyright claims relating to the software in question.
13.4 The copyright of all data stored by the customer on cirQit remains with the customer. If the customer manages data with third-party copyright or ownership rights, the customer is responsible for agreeing on written usage and administration rights with these third parties.
14.1 An open-ended contract can be terminated by either party up to 30 days before its expiry by email or letter.
14.2 Fixed-term contracts expire at the end of the agreed period and must be proactively renewed. cirQit informs its customers about expiring contracts in advance.
14.3 cirQit undertakes to irrevocably delete all data of the customer concerned after termination of the contract. If services were provided by third-party companies, they are also obliged to irrevocably delete all data of the customer concerned. For security reasons, the data remains stored as a backup on the web application for 3 months after deletion before being permanently deleted.
If the customer requests immediate and permanent deletion, they must request it in writing and clearly identify themselves as a customer!
14.4 Should cirQit discontinue a service, it undertakes to inform customers of this as early as possible. Customers then have the right to immediately terminate the contract concerning this service. Even then, cirQit is obliged to irrevocably delete all customer data associated with the discontinued service.
14.5 It is in the customers’ interest 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 customers concerned.
14.6 cirQit is not obliged to transfer customer data to other providers upon termination of the contract. If this is desired by the customer, a special contract must be concluded for it.
15.1 Swiss law, specifically the provisions of the Code of Obligations (OR), shall apply to this contract.
15.2 The parties will endeavor to amicably resolve difficulties arising from the execution of this contract.
15.3 Should certain points not be regulated or individual provisions of these terms and conditions be ineffective, 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 the domicile or registered office of cirQit.
