Conditions

1. General

The “General Terms and Conditions for Services of vengo GmbH” (“GTC”) apply unless there are different regulations for a specific service or for certain customer groups.

2. Services vengo

Generally

The current brochures, the terms and conditions of the offer and the vengo website provide information on the scope and specific terms of use of the individual services (services and additional services) of vengo GmbH ("vengo"). vengo may involve third parties in the provision of services.

Customers have no right to a specific configuration of the vengo infrastructure or to the retention of services accessible through it. vengo is entitled to stop providing a service at any time without compensation and with reasonable advance notice.

Entertains

vengo takes care of the maintenance of its infrastructure. During operating hours, it will remedy any faults that are within its sphere of influence within a reasonable period of time. If vengo is called upon to deal with faults that are not caused by its infrastructure, the costs can be charged to the customer. vengo is entitled to interrupt or restrict operations in order to remedy faults, carry out maintenance work, introduce new technologies, etc.

3. Customer performance

pay

The customer is responsible for timely payment of the services received.

Passwords etc.

The customer is obliged to keep passwords, identification codes, login data, PIN and PUK codes, etc. safe and not to make them accessible to anyone.

Legal and contractual use

For private customers, the services are intended exclusively for normal private customer use, and for business customers, exclusively for normal business customer use. They may only be used for special applications or for offering telecommunications services with the written consent of vengo.


The customer is responsible for using his services in accordance with the law and the contract. The following are considered to be illegal or in breach of the contract:

  • Unfair mass advertising (spam)
  • Harassing or disturbing third parties
  • Hacking (attempted intrusions, etc.), spying on other Internet users or their data and fraudulent attacks (phishing)
  • Harming third-party devices through malicious software
  • Transmission or making available of illegal content

If there are signs of illegal or contractually-contravening use, the customer is obliged to provide vengo with information about the use.

Responsibility for the content

The customer is responsible for the content of the information (language, data in any form) that he has transmitted or processed by vengo or that he makes available to third parties.

Responsibility for use of infrastructure

The customer is responsible for any use of its infrastructure, including that made by third parties. In particular, the customer must pay all amounts invoiced as a result of the use of its services. This also applies to goods or services purchased or ordered via its infrastructure.

If the customer makes the services provided by vengo available to minors, he is responsible for compliance with the youth protection regulations. vengo provides blocking options - within the scope of the technical possibilities.

4. Customer facilities/end devices

Generally

The customer creates, maintains and removes (at the end of the subscription) the necessary infrastructure (devices, hardware, software, etc.) in a timely manner and at his own expense. Use of the services requires the customer to use suitable devices - some of which are predetermined by vengo. The customer is responsible for the purchase, installation, functionality and legal compliance of his infrastructure. vengo does not grant the customer any investment protection.

remote maintenance

For the purpose of configuring, maintaining or optimizing or expanding its services, vengo is entitled to access the infrastructure used to provide the service and to view, change, update or delete the technical data or software available there. As part of remote maintenance, vengo is given access to the customer's files that are directly related to the configuration of the device and the services.

vengo is not liable for any damage to the customer's infrastructure that may occur after remote maintenance, unless it can be proven that this damage was caused by vengo's remote maintenance.

Protective measures

The customer protects its infrastructure and data from unauthorized access by third parties. It takes state-of-the-art measures to prevent its infrastructure from being used to distribute illegal or otherwise harmful content (in particular unfair mass advertising (spam), fraudulent messages (phishing emails/SMS), fraudulent websites (e.g. fake login pages), malicious software (viruses, Trojan horses, worms, etc.)). If a customer's device damages or endangers a service, a third party or the systems of vengo or third parties, or if the customer uses unauthorized devices, vengo can stop providing its services without prior notice and without compensation, disconnect the customer's device from the telecommunications network and demand compensation.

Device owned by vengo

If vengo provides a device for rent or loan, it remains the property of vengo for the entire duration of the contract. The establishment of liens and retention rights in favor of third parties is expressly excluded. In the event of seizure, retention or arrest, the customer is obliged to inform vengo immediately and to inform the responsible debt collection or bankruptcy office that the device is the property of vengo. When the service is terminated, the customer is obliged to return the device to vengo undamaged and within the deadline set by vengo. If the customer fails to comply with this obligation, vengo reserves the right to invoice for the device not returned.

5. Prices

Generally

The current prices and fees of vengo apply. vengo can announce prices and fees immediately before the use of a specific service.

Start of payment; blocking

The obligation to pay usually begins when the services begin. Even if a service is blocked, the customer will be charged the contractually agreed prices.

6. Abuses

If the use deviates significantly from normal use (see section 3) or if there are signs of illegal or contractually infringing behavior, vengo can urge the customer to use the service in accordance with the law and the contract, change, restrict or stop providing the service without prior notice and without compensation, terminate the contract without notice and without compensation and, if necessary, demand compensation and indemnification from third-party claims. The same applies in the event of incorrect or incomplete information provided by the customer when concluding the contract or when placing the order.

7. Invoicing and payment terms

Generally

vengo creates the invoice based on its records. The invoice amount must be paid by the due date stated on the invoice. If no such date is stated, the due date is the invoice date plus 30 days. Objections by the customer must be made within 14 days of the disputed use. After that, they are deemed to have been accepted by the customer. If the objections only concern a partial amount of the invoice, vengo can demand that the undisputed part of the invoice be paid on time. Upon termination of the contract, all outstanding amounts (i.e. also remaining fees until the end of any current minimum subscription or extension period) become due.

Each party may set off undisputed counterclaims.

Late payment

If the customer has neither paid the invoice by the due date nor raised any written and justified objections to it, he or she will automatically be in default and vengo may, to the extent permitted by law, interrupt the provision of all services, take further measures to prevent increasing damage and/or terminate the contract without notice and without compensation. The customer shall bear all costs incurred by vengo as a result of the delay in payment. In particular, the customer shall owe vengo a default interest of 51% and a reminder fee of CHF 20 per reminder. If debt collection is carried out by third parties, the customer shall also owe fees for their debt collection costs. If the customer's account is not covered by the direct debit procedure, vengo may charge a processing fee of at least CHF 30.

Security

If vengo has doubts about compliance with the contractual payment terms or if the collection of debts becomes difficult, vengo can also demand an advance payment or security. If the customer does not make this payment, vengo can take the same measures as in the case of late payment.

8. Data protection

Generally

When handling data, vengo adheres to applicable legislation, in particular data protection law. vengo only collects, stores and processes data that is required for the provision of services, for the processing and maintenance of customer relationships, namely to ensure a high quality of service, for the security of operations and infrastructure, and for invoicing.

The customer agrees that vengo

  • in connection with the conclusion and execution of the contract, obtain information about him or pass on data concerning his payment behaviour
  • may pass on his data to third parties for debt collection purposes
  • may process his data for marketing purposes, namely for the needs-based design and development of its services and for customized offers
  • The customer can restrict or prohibit the use of his data for marketing purposes

Provision of services together with third parties

If a service is provided by vengo jointly with third parties or if the customer purchases services from third parties, vengo may pass on data about the customer to third parties to the extent that this is necessary for the provision of such services.

Privacy policy and data processing agreement

The data protection declaration https://www.vengo.ch/dse ("DSE") and the order processing agreement https://www.vengo.ch/avv ("AVV") provided by vengo are an integral part of these General Terms and Conditions.

9. Intellectual Property

For the duration of the contract, the customer receives the non-transferable, non-exclusive right to use and exploit the services and products. The content and scope of this right are set out in the contract documents. All rights to existing intellectual property or those arising from the performance of the contract relating to vengo's services and products remain with vengo or the authorized third parties. If the customer violates the intellectual property rights of third parties and vengo is held liable for this, the customer must indemnify vengo.

10. Restrictions on use/warranty

Interruptions

vengo strives to ensure a high level of availability of its services. However, it cannot guarantee that its infrastructure and services will function without interruption or disruption.

Third Party Services

There are no representations or warranties regarding availability, quality, operation or support for third party services.

Risks when using the service; measures vengo

vengo takes precautions to protect its infrastructure from third-party interference. However, it cannot guarantee that

  • the infrastructure is fully protected against unauthorized access or eavesdropping.
  • Spamming, malicious software, spyware, hackers or phishing attacks etc. may not impair the use of the service, damage the customer's infrastructure (e.g. end devices, PC) or harm him in any other way.

vengo is entitled to check the existing infrastructure for security deficiencies, use filters and take other measures to protect the infrastructure of vengo, customers and third parties from illegal or otherwise harmful content and software or to prevent access to content that is illegal or unsuitable for minors.

Contents

vengo cannot accept any responsibility for

  • Content that the customer has vengo transmit or process or that he makes available to third parties.
  • the accuracy, completeness, timeliness, legality and appropriateness, availability and timely delivery of information created by third parties, available from third parties or made accessible via vengo's services.

11. Liability of vengo

General liability provisions

In the event of a breach of contract, vengo is liable for the proven damage unless it can prove that it is not at fault. Liability for damage resulting from slight negligence is excluded. However, vengo will compensate for material and financial losses per damaging event up to the equivalent value of the services received during the last year of the contract, but not more than CHF 50,000.

Vengo's liability for consequential damages, lost profits, loss of data, damages is - to the extent permitted by law - excluded in all cases. It is also not liable for damages resulting from the illegal or contractually-contravening use of its services.

Force majeure

vengo is not liable if the provision of the service is temporarily interrupted, completely or partially restricted or impossible due to force majeure. Power failures and the occurrence of harmful software (e.g. virus infection) are also considered force majeure.

12. Duration and termination

Generally

The contract is for an unlimited period. The contract can be terminated as soon as there is no longer a minimum subscription or extension period for any service. Terminations must be made in writing, unless vengo accepts termination in another form in individual cases.

Unless otherwise agreed, either party may terminate a service with 2 months' notice before the end of the contract.

Minimum subscription and extension period

For individual services, minimum subscription and extension periods may be specified in other contract documents. During these periods, changes to the service package at the customer's request are not possible or are only possible at the cost consequences determined by vengo.

Termination without incurring costs is possible subject to a notice period of 2 months at the end of the month, but for the first time at the end of the minimum subscription or extension period. If the customer terminates during the current minimum subscription or extension period («early») or if vengo terminates a service early for a reason stated in section 6, the customer owes vengo the remaining fees until the end of the minimum subscription or extension period. Deviating regulations remain reserved. If vengo terminates early without a reason stated in section 6 being present, the customer does not owe any remaining fees.

13. Performance overview

vengo can provide the customer with a service overview in a suitable form of certain or all services that they purchase from vengo. If the customer does not request a correction of incorrect information within the period and form specified on the service overview, the service overview becomes part of the contract. If vengo determines that the service overview is incorrect, it can send the customer a corrected version.

14. Changes

Changes in prices and services

vengo reserves the right to adjust prices, its services, the special conditions and the terms of the offer at any time. vengo will notify the customer of any changes in an appropriate manner. If vengo increases prices in such a way that they lead to a higher overall burden on the customer or if vengo changes a service purchased by the customer significantly to the detriment of the customer, the customer can terminate the affected service early without financial consequences until the change comes into effect. If the customer fails to do so, the customer accepts the changes. Price adjustments as a result of changes in tax rates (e.g. increase in VAT) and price increases by third parties (especially for value-added services) are not considered price increases and do not entitle the customer to terminate the contract. If vengo lowers prices, it can simultaneously adjust any discounts granted before the price reduction.

Changes to the Terms and Conditions

vengo reserves the right to change the terms and conditions at any time. vengo informs customers in advance of changes to the terms and conditions in an appropriate manner. If the changes are disadvantageous to the customer, he can terminate the contract with vengo early without financial consequences until the change comes into effect. If he fails to do so, he accepts the changes.

15. Transmission

The transfer of the contract or of rights or obligations arising from this contract requires the written consent of both parties. vengo is entitled to accept changes of party verbally. vengo can transfer this contract or rights and obligations arising from it to another company without the customer's consent, provided that vengo directly or indirectly controls this company. Furthermore, vengo is entitled to transfer or assign contracts or claims arising from them to third parties for debt collection purposes without the customer's consent.

16. Place of jurisdiction and applicable law

The contract is subject to Swiss law.

The place of jurisdiction is St. Moritz. Mandatory places of jurisdiction remain reserved (see in particular Art. 32 and 35 ZPO for consumers).

Last updated: April 2024

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