Terms of Service
Customer conditions and terms of Service
These General Terms and Conditions govern the relationship between customers (hereinafter 'the Customer') and the Skytel Suisse network and its' services (hereinafter 'Skytel Suisse') with regard to the use of Skytel Suisse and the services that reside on it.
Skytel Suisse may refuse registration applications without giving any reasons.
Service description: Skytel Suisse enables the encrypted transmission and storage of electronic data. The Customer is responsible for adding a strong passwords to their data. The Customer himself is responsible for providing a properly functioning and sufficient Internet connection as well as any necessary computers or equipment in order to connect to the network.
Loss of a password: If the Customer loses his password, he may set a new password, provided that he still has his original authentication code which was delivered to the customer when opening the account.
The Customer agrees not to breach any contractual or legal obligations when using the Skytel Suisse network and, in particular, not to send any messages containing unlawful content, including but limited to spam. The Customer is responsible for the careful safekeeping, proper use and quality of his passwords. He must change his password or revoke his certificate immediately if he knows or suspects that an unauthorized person could have gained knowledge of or access to it.
Payment by credit card: If the Customer pays by credit card, he authorizes Skytel Suisse to assign its claims to the credit card com- pany in question. In this case, the terms and conditions of the credit card contract shall apply.
Notice of termination : Use of Skytel Suisse may be terminated by the Customer or Skytel Suisse at any time, for any reason. If a customer account is terminated or suspended by Skytel Suisse, no refund will be issued.
Availability: Skytel Suisse ensures a high level of availability of the network, but cannot guarantee a specific level of availability. The Customer therefore has sole responsibility for carrying out deliveries and collections in good time to ensure that any deadlines may be met, even if system interruptions should occur.
Liability: Skytel Suisse will not accept liability for any loss or damage sustained by the customer in realtion to the use of the Skytel Suisse network or its' services. Nor will Skytel Suisse be liable for the proper functioning of third-party systems, especially the Internet, software used by the Customer or other e-mail platforms (determined by the recipient).
Skytel Suisse will not accept liability for losses or damages sustained by the Customer or third parties which are caused by the content of a message.
The Customer is liable for losses or damages sustained by Skytel Suisse or third parties, which are caused by the content of electronic messages or the improper use of Skytel Suisse (contrary to contractual or legal requirements). If a third party asserts any claims directly against Skytel Suisse, the Customer undertakes to hold Skytel Suisse fully harmless. Skytel Suisse will inform the Customer immediately, should any such claims be asserted.
Legal effect of electronic messages : The legal effect of electronic messages sent and received via Skytel Suisse is determined by the legislation and jurisdiction of the courts. The Customer therefore uses Skytel Suisse entirely at his own risk and benefit, especially where the meeting of deadlines is concerned. When dealing with courts and authorities, in particular, the Customer must clarify whether electronic communication is permitted at all and, if so, which requirements must be met. As far as deadlines are concerned, the Customer should note that delays can occur in electronic transmissions.
Foreign legislation : The Customer acknowledges that the exchange of data with a (qualified) electronic signature and/or encrypted data outside Switzerland is subject to foreign legislation, and that the consequences may therefore be more far-reaching or less far-reaching than under Swiss law. The exchange of encrypted messages is also subject to legal restrictions in some foreign countries. The Customer is responsible for clarifying the situation.
Effects of termination: After expiry of the notice period, the Skytel Suisse account can no longer be accessed and messages and receipts can no longer be decrypted. Therefore the Customer is responsible for saving all encrypted messages and receipts, which he wishes to access at a later time, in an unencrypted format in good time before the period of notice elapses.
Skytel Suisse and third parties engaged by Skytel Suisse to provide services shall make all best efforts to act in compliance with Swiss data protection legislation when processing data.
Skytel Suisse reserves the right to amend these Terms and Conditions at any time. Amended Terms and Conditions will be provided to the Customer and published here. Skytel Suisse will make best efforts to inform the customer of any changes. Amended Terms and Conditions will take effect regardless of customer acknowledgement or acceptance.
Severability clause: If individual provisions of this contract are found to be invalid or unlawful, the validity of the contract shall not be affected. In this case, the provision concerned shall be replaced with an effective provision which is preferably equivalent from a commercial point of view.
Place of jurisdiction: The place of jurisdiction is Zurich, Switzerland. In the case of Customers domiciled abroad, Zurich will be the place of debt collection and sole place of jurisdiction for all proceedings.
Applicable law: The contractual relationship is governed exclusively by Swiss law.
