Terms of Service

General Terms and Conditions (ToS) of Curiaweb GmbH

1. Scope

1.1 These general terms and conditions govern the legal relationship between Curiaweb GmbH (hereinafter "Curiaweb") and its customers who make use of Curiaweb's services. In addition to these general terms and conditions, additional contractual conditions may apply for certain services.

1.2 For internet services, the usage policies published on "www.curiaweb.ch" also apply. These general terms and conditions and usage policies also apply to free internet services.

1.3 These general terms and conditions, as well as other contractual conditions of Curiaweb, take precedence over any terms and conditions of the customer.

2. Services Provided by Curiaweb

2.1 Curiaweb provides its services according to the agreed scope of services.

2.2 Curiaweb performs its services carefully and professionally. It strives to provide services continuously without interruption but cannot guarantee constant and uninterrupted availability. Errors that significantly impair the service will be rectified as quickly as possible, if necessary also via remote maintenance. Additional expenses (e.g., on-site or caused by the customer) will be charged at the current rate.

2.3 Scheduled maintenance outages will be communicated to the customer in advance whenever possible.

2.4 Curiaweb is not liable for any costs incurred by the customer to third parties to access Curiaweb's services.

2.5 Curiaweb may adjust services at any time if required by legal, regulatory, or operational reasons.

2.6 Curiaweb is entitled to use the customer's name and logo for reference purposes on the website or in presentations unless the customer explicitly objects.

3. Customer Duties and Responsibilities

3.1 The customer is obliged to comply with technical requirements and instructions when using Curiaweb's services. The customer is responsible for security measures and compatibility with their hardware/software.

3.2 Defects must be reported in writing within 7 days of receipt.

3.3 The use of services to support or carry out criminal acts is prohibited. In particular, the following are forbidden:

• Depictions of violence according to Art. 135 StGB
• Incitement to violence or racism
• Pornography, racial discrimination, instructions to commit crimes
• Infringement of copyrights and trademark rights

3.4 The customer is responsible for all content processed or distributed via Curiaweb.

3.5 Spam and harassing messages are prohibited.

3.6 Falsifying sender data is prohibited.

3.7 Permanent operation of data-intensive services (e.g., video streaming, large file hosting) requires Curiaweb's prior written consent.

4. Data Protection and Data Security

4.1 Curiaweb handles personal data in accordance with Swiss data protection law. Only data necessary for operation is collected and processed. More information can be found in the privacy policy at www.curiaweb.ch/datenschutz.

4.2 The customer is aware that Curiaweb may involve third parties (e.g., hosting partners in Switzerland or the EU) in the provision of services, which includes associated data processing.

4.3 Data security during transmission cannot be guaranteed. Encryption is the responsibility of the customer.

5. Liability

5.1 Curiaweb is only liable for damages caused intentionally or by gross negligence. Liability is excluded for:

• Damages by third parties or via the Internet
• Data loss, viruses, service interruptions
• Lost profits or indirect damages

5.2 No liability exists in cases of force majeure.

5.3 Curiaweb is not liable for third-party content or compatibility with customer software.

5.4 Equipment owned by Curiaweb must be handled with care by the customer. The customer is liable for loss or damage.

5.5 The customer indemnifies Curiaweb against third-party claims.

5.6 Liability is in any case limited to the order value of the last 12 months.

6. Intellectual Property Rights

6.1 All rights to provided software and materials remain with Curiaweb or its licensors.

7. Contract Commencement, Duration and Termination

7.1 The contract begins with the order or written acceptance. In the event of early termination, there is no entitlement to reimbursement.

7.2 Unless otherwise agreed, the contract lasts 12 months and is automatically extended by a further 12 months unless terminated at least one month before expiry.

7.3 Terminations by the customer must be submitted in writing by registered mail or electronically with a qualified electronic signature to:

7.4 Curiaweb may terminate contracts without notice in the event of legal violations, breaches of the GTC, or payment arrears.

7.5 Free services may be deleted at any time without prior notice if not used for three months.

7.6 Changes to the GTC or services will be communicated to the customer in advance. If the customer does not object in writing within 20 days, the changes are deemed accepted.

8. Prices and Payment Terms

8.1 Prices are based on Curiaweb's current price list.

8.2 Objections to invoices must be submitted in writing within 10 days. Otherwise, the invoice is deemed accepted.

8.3 Payment term: 30 days. In case of late payment, reminder fees and service suspension may occur.

8.4 If there are doubts about the customer's creditworthiness, Curiaweb may request advance payment.

8.5 All prices include VAT.

9. Transfer of Rights

9.1 Transfer of rights and obligations by the customer requires Curiaweb's written consent.

10. Severability Clause

10.1 If any provision of these GTC is invalid, the remainder remains effective.

11. Applicable Law and Jurisdiction

11.1 Swiss law applies. Place of jurisdiction is Chur, Canton of Grisons.