CONDITIONS OF SALE / AGREEMENTS
Seller and services provider:
HIDORA SA – (CH-660.2.661.016-5)
Rue Adrien-Lachenal 20
1. General information
This Agreement becomes effective when you click on “Sign up” button presented with these terms or when you start using any of the Services. This Agreement forms a legally binding agreement between HIDORA and you.
Any order or commencement of supply of Services is done so on the basis that you have agreed to be legally bound to the terms of the Agreement and that you represent and warrant that you have the legal authority to enter into said Agreement.
HIDORA reserves the right to modify at any given moment the content and form of these Conditions of Sales.
The inclusion of any services on the Website at a particular time does not imply or warrant that these Services will be available at any time. We reserve the right to discontinue any Services at any time.
To access the Services, you must create an account associated with a valid email address. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.
You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and HIDORA may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose HIDORA to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify HIDORA of any unauthorized uses
of your information, your account or any other security breaches. HIDORA will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Through this account, the user may select in order forms the services to be provided by HIDORA from the range of services available at the time of use.
HIDORA provide support through information available on the Website. HIDORA also provides a ticketing system and make available a phone support line, free of charge, in the context of a contractual service through which you can submit queries to our support staff. We are not responsible for the telephone call charges.
Third Party Content, such as software applications provided by third parties, may be made available directly to the user by other companies or individuals under separate terms and conditions, including separate fees and charges. Because HIDORA may not have tested or screened the Third-Party Content, your use of any Third-Party Content is at your sole risk.
3. Fees and payment
Unless otherwise stipulated, all Services offered by HIDORA are pre-paid, cannot be canceled and are non-refundable.
The user will pre-pay the exact amount specified in order forms. HIDORA will charge or debit your payment according to the plan you have chosen.
We accept payment by Bank Transfer and via the online payment service PayPal™. Upon default of payment and the payment is rejected or canceled, the order is canceled.
In case of a Bank Transfer, we are not liable for any additional fees that the banks (either on the sending or receiving side) may charge.
If the order form specifies that payment will be by a method other than PayPal™, HIDORA will invoice you in advance and otherwise in accordance with the relevant order form.
Unless otherwise stated in the order form, invoiced charges are due net thirty (30) days from the invoice date. You are responsible for providing to HIDORA complete and accurate billing and contact information.
If any amount owing by you under this Agreement or any other agreement for our services is 30 or more days overdue, HIDORA may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend our Services to you until such amounts are paid in full. Other than for users paying by credit card or direct debit whose payment has been declined, HIDORA will give you at least ten (10) days’ prior notice that your account is overdue, before suspending services to you.
If your usage exceeds your prepaid amount, your account will be automatically recharged according to the plan you have chosen.
Our fees do not include any taxes, value added tax (VAT), levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever.
4. Security and data privacy
HIDORA will implement reasonable and appropriate measures to help secure your data against accidental or unlawful loss, access or disclosure in relation to the use of our Services.
You are responsible for properly configuring, using the Service, and maintaining appropriate security, protection and backup of Your Content. You may use encryption technology to further protect your data from unauthorized access.
5. Your Responsibilities
– You must comply with this Agreement, or any other agreement for our services, our Terms and Conditions, applicable laws and government regulations;
– You are responsible of the accuracy, quality and legality of your data and the means by which you acquired your data;
– You will not make any service or content available to, or use any service or content for the benefit of, anyone other than you, unless expressly stated otherwise in an order form or agreed by HIDORA.
– You will not sell, resell, license, sublicense, distribute, make available, rent or lease any of our Services or content, or include any of our Service or content in a service bureau or outsourcing offering, unless expressly agreed otherwise by HIDORA in writing;
– You will not interfere with or disrupt the integrity or performance of any service or third-party data contained therein;
– You will not attempt to gain unauthorized access to any service or content or its related systems or networks;
– You will not permit direct or indirect access to or use of any service or content in a way that circumvents a contractual usage limit, or use any of our Services to access or use any of our intellectual property except as permitted under this Agreement, an order form;
– You assume full responsibility for all consequences related with the content and management of the data. The user is responsible for making a copy of all data transmitted via the services of HIDORA. The user must ensure the integrity and availability of this copy at all times.
Any use of the Services in breach of this Agreement by a user that in our judgment threatens the security, integrity or availability of our services, may result in an immediate suspension of the Services. if we suspend your right to access or use any portion or all of our service you remain responsible for all fees and charges you have incurred through the date of suspension.
6. Term and Termination
Unless otherwise stipulated, all Services offered by HIDORA are pre-paid, cannot be canceled and are non-refundable.
The Agreement shall enter into force on the date agreed between the user and HIDORA. If the user makes use of the Services before the agreed date, then the Agreement shall enter into force with the date of first use.
We will notify you by e-mail when your pre-paid Services will arrive to expiration.
Upon expiry of Services purchased on a pre-paid subscription basis, your server will be automatically suspended. Depending of your payment method, you will invited to charge by pre-payment your account or automatically charged for the same Services on a pay-as-you-go basis at the on-going rates for Services at that time, unless you cease to use our Services in relation to your expired subscription.
If you do not purchase a new pre-paid subscription, or if you do not renew our Services, in the next thirty (30) days after the expiration, your account will expire in the thirty (30) consecutive days. All expired accounts are subject to permanent removal from the server.
HIDORA reserves the right to terminate the Agreement at any time for an important reason, namely such as use of services for the purposes of, or in connection with, criminal acts.
Your accounts and credits will expire if you do not log in to your HIDORA server account for sixty (60) consecutive days. All expired accounts are subject to permanent removal from the server.
On the cancellation or termination of a Service provided by HIDORA, the user authorizes the destruction of data irrespective of the prior non-recovery thereof.
7. Intellectual Property
For the duration of the agreement, HIRODA shall grant the user a non-transferable, non-exclusive right to use
the services made available in accordance with this Agreement and other contractual provisions. All intellectual property rights shall remain the property of HIDORA or the licensor. The user agrees to notify HIDORA of any trespassing or infringement upon these intellectual property rights by Third Parties as soon as he learns of it.
You agree to indemnify and hold harmless HIDORA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Service, including but not limited to your violation of this Agreement.
The Services are provided “as is”. HIDORA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HIDORA nor its suppliers and licensors, makes any warranty that the Website and the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through Service or the Website at your own discretion and risk.
10. Force Majeur
In addition to those normally accepted as such by the Jurisprudence of the Swiss Courts and Tribunals, the following in particular are considered as cases of force majeure: total or partial strikes inside or outside the company, lock-outs, severe weather, disruptions in transport or supply systems for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, disruption of telecommunications networks, power cuts, the appearance of a virus, loss or corruption of data, and other events beyond the control of HIDORA preventing normal execution of the Services. In the cases listed above, all contractual obligations will be suspended.
Prohibition to disclose Confidential Information – Each of the parties undertakes not to disclose any Confidential Information to any third party without the prior written consent of the other party and commits to cause its employees, agents, or subcontractors to respect the present confidentiality clause at all times.
Modification to the Website: We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any content, any aspect of the Website, and/or its hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Liability: HIDORA s not liable for any damage, unless such damage has been caused by intent or by gross negligence. In no event, shall HIDORA be liable for indirect damage. If HIDORA, notwithstanding the foregoing, is liable for damage, then liability will be limited to the purchase price of the goods. The above liability limitations apply to all claims for damages no matter what the legal grounds may be; they do not apply to potential liability according to the regulations on product liability. The rights of the consumers based on the consumer protection laws in force are not affected. The exclusion or the limitation of the liability for damages according to the above paragraphs also applies to potential claims against employees or authorized representatives of HIDORA.
Assignment: You may assign your contractual rights to a third party only with HIDORA’s prior written consent.
Severability: If any part of these Conditions of Sales or any provisions of an Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law these Conditions.
No Waiver: Failure of HIDORA to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to HIDORA under this Agreement or at law.
Entire Agreement: The Terms and Conditions represent the entire agreement between HIDORA and users and supersede and replace any other agreement between the parties (including but not limited to any prior versions of the Terms and Conditions).
12. Applicable law
Any litigation or dispute arising from or in connection with this Agreement with any sale to which they apply will be settled in accordance with Swiss law, without reference to its conflict of laws principles. The Courts of the Canton of Geneva shall have exclusive jurisdiction on such dispute.
These Conditions of Sales were last updated on November 15, 2016.
Copyright © 2016 HIDORA SA. All Rights Reserved.