Updated: 12th of May 2020
General Terms and Conditions
1.1. uConektPAYTM is a service of uConekt Switzerland AG (hereinafter “Provider”). By registering as a uConektPAY user you (hereinafter “uConektPAY User”) are accepting the following General Terms and Conditions of Business (hereinafter “GTC”) for use of uConektPAY.
1.2. The offering is addressed solely to individuals aged 18 or over.
1.3. The Provider shall reserve the right to expand, alter or delete services and to carry out improvements, in particular if the latter serve to facilitate technical progress; appear necessary or prevent abuse. Alterations may result in changes to the appearance of the uConektPAY websites. The Provider shall only undertake these changes insofar as the uConektPAY User can reasonably be expected to accept them or the law obliges the Provider to make them.
1.4. The Provider may, with the consent of the uConektPAY User, also alter the content of the existing contract and these GTC. Consent to the alteration shall be deemed to have been given if the uConektPAY User does not object to the change within one month of receipt of notification of the change. The Provider shall, when making notification of the change, undertake to inform the uConektPAY User of the consequences of any failure to object.
- Object of the contract, Amendments to the contract
2.1. uConektPAY is an online service enabling users to offer their customers online payment options on their own website or via the uConektPAY portal.
2.2. Voluntary, free services offered by the Provider may be discontinued at any time. In such cases the user shall not have any claim to continuation of the service.
2.3. The Provider shall be entitled to make use of third parties to perform services at any time and to any extent he desires.
2.4. Should the user be inactive for 60 days then the Provider shall, following a prior reminder by e-mail, be entitled to deactivate the service
2.5. Proper names shall be the property of the corresponding owners.
- Personal data
3.1. The uConektPAY User shall affirm that the personal data provided is true and complete. The uConektPAY User shall declare his/her consent to his/her data being registered with the Provider and stored electronically. Data shall not be forwarded to third parties unless the uConektPAY User provides his/her express consent or forwarding is necessary to provide the service package (e.g. data is forwarded to the relevant registration body in order to register a domain). All uConektPAY Users shall be obliged to keep their personal data up-to-date. In order to avoid any abuse by unauthorized third parties uConekt Users shall be obliged to keep their log-in data secret.
- Duration of the contract; Termination; Discontinuation of the service; Repayment of fees paid in advance4.1. Insofar as the relevant technical specifications do not foresee anything else, the contract for the packages which are subject to charge shall run for twelve months and be extended for the same period of time if it is not terminated one month before the end of the corresponding period of validity. Terminations made by e-mail must be sent from the e-mail address given by the user as his/her contact address in his/her uConektPAY account. The registered username and termination date must be stated when terminating a contract.
4.2. The Provider shall be entitled to terminate the contractual relationship unilaterally without giving reasons and with a period of notice of 3 months. In such cases the corresponding percentage of any fees paid in advance shall be reimbursed. Termination may be made without notice in the event it comes to the Provider’s notice that the uConektPAY User has not complied with his/her obligations. Such non-compliance may also have civil and penal law consequences for the user. In such cases the corresponding percentage of any fees paid in advance shall not be reimbursed. The Provider shall, furthermore, be entitled to deactivate the user’s account and to block access insofar as fees are paid. The Provider shall, in such cases, also be entitled to have the user’s domain deleted by the relevant registration body (“CLOSE”). By accepting these GTC the user shall expressly provide uConektPAY with the authorization to make such a termination declaration.
4.3. Termination of additional options which are subject to payment shall not affect the remaining contractual relationship.
4.4. The Provider shall, following termination of the contractual relationship, no longer be obliged to perform the contractual services. He may delete all of the uConektPAY User’s data which is stored on the server, including e-mails in inboxes.
- General obligations of theuConektPAYUser
5.1. The uConektPAY User shall undertake to comply with all regulations in the relevant canton and in Switzerland. This shall also apply explicitly to any additional valid regulations governing the operation of an online shop.
5.2. The user shall, when using the service, undertake not to carry out any activities infringing on third party rights (including third party personal rights).
5.3. The uConektPAY User shall be responsible for carrying out regular back-ups of all data and software settings which he/she is able to access. The user must, in any case, carry out a data back up before making any changes or prior to any maintenance work carried out by the Provider insofar as this work was announced in good time by the Provider.
- Service disruptions
6.1. The Provider shall make every effort to provide uninterrupted availability and error-free functionality. The user shall, however, accept that, for technical reasons and due to the dependence on external factors such as telecommunications networks, it is impossible to provide uninterrupted availability of the uConektPAY account. The user shall, accordingly, not have any claim to uninterrupted access. Limitations to access which are only temporary shall not entitle the user to any warranty claims or the right to extraordinary termination of the contract. In the case of limitations to access exceeding external factors which are beyond the Provider’s control the Provider shall retain the right to limit either the extent of access or the time during which access is available, in particular in the event of temporary blocking of uConektPAY accounts to facilitate the execution of technical improvements; to remedy errors and disruptions; etc.
7.1. The Provider shall not be liable for any data lost by users or for any personal data relating to users of the service which is obtained by unauthorized third parties (e.g. hackers).
7.2. The Provider shall, furthermore, not be liable for the abuse of any information and data which users themselves make available to third parties.
7.3. The Provider shall not be liable for the user’s activities.
7.4. The Provider shall not accept any liability for loss of turnover or any other damages resulting from disruption of a function or the non-availability of uConekt. Any other claims for damages against uConekt Switzerland AG shall be excluded, with the exception of claims relating to injuries to life, body and health. This exclusion shall not apply to damages resulting from a grossly negligent breach of obligation on the part of uConekt Switzerland AG or an intentional or grossly negligent breach of obligation on the part of a legal representative or vicarious agent of uConekt Switzerland AG.
7.5. In the event of a liability claim against the Provider or affiliated providers the maximum liability sum shall be equivalent to the fees charged for one year.
- Data protection
8.1. The uConektPAY User is aware that the Provider is, for technical reasons, able to view content stored on the server at any time. Over and above this it is theoretically possible that the uConektPAY User’s data may be accessed by unauthorized third parties when being transmitted via the Internet.
- Concluding provisions
9.1. Should individual provisions of this contract be or become invalid then this shall not affect the validity of the remaining provisions.
9.2. Swiss law shall apply. This shall also apply when users from other countries register to use the service. The place of jurisdiction shall be the Provider’s place of business.