Website Consulting Terms & Conditions of Service
Consulting by Hesser
Please read these Terms and Conditions with great care. You must read and accept the Terms and Conditions before proceeding with any business with Consulting by Hesser (“CBH” hereinafter). If You do not accept these Terms and Conditions, please do not use this Web Site or the services provided by CBH as We describe them in this Web Site.
Consulting by Hesser will perform its work involved in any assignment received from You in the best manner possible. CBH utilises modern back-up to minimise problems with Web Site workings in case of damage, hard- or software failures, or effects stemming from outside sources beyond Our control. We will also use the best protection against virus, trojans, hacking, etc. that We deem suitable to protect Your Web Site(s) against such threats.
When used in this document,
– “We” or “Us” or “CBH” means Consulting by Hesser.
– “You” includes the person or persons, whether individuals or judicial persons, purchasing the services from Us, or any party acting on a client’s behalf.
– “Contract” means the contract constituted by the terms and conditions in this Web Site, and Your acceptance of them (as indicated by reading further in the Web Site or by ordering any of the Services described).
– The term “Registrant” denotes the person applying for a domain name or any party acting on the Registrant’s instructions.
– The “Registry” or “Registrar” includes the domain name Registry which is relevant to the domain name(s) requested.
– The term “Services” includes any product or service sold (or provided at no cost) to You by Us.
– “Server” means the computer server equipment operated by Us in connection with the provision of the Services, or provided for Your use by a contractor to Us.
– The term “Account” means any of one or more Services assigned solely to You. This typically consists of (but is not limited to) Web Site Services, Web Hosting, and Domain Name Services.
– A “User” is defined as a customer using any of Our products and services.
– “Web Site” means the area on the Server allocated to You for Your use as a site on the Internet.
By ordering Services You are agreeing to these Terms & Conditions.
We reserve the right to update these Terms and Conditions at any time by notice to You with immediate effect. If You do not agree to the relevant change, Your only remedy is to terminate the Services by giving Us 14 days terminaion notice by email to [email protected], or 30 days termination notice by registered mail to Our address at Sinserstrasse 3, CH-4655 Auw, Switzerland.
Refunds will only be granted for months of service not already begun, or for other work that has not been started. Otherwise, all commitments must be satisfied in full up to the end of the month of termination.
Complaints: If You have any complaints regarding Services provided by Us, please send an email to [email protected] which describes the problem or problems constituting Your complaint in detail. We will acknowledge the complaint within 5 working days and respond to You with a timetable for Our proposed resolution of the problem. If a longer timespan is anticipated, We will keep You informed on a regular basis. All complaints are considered highly confidential and critical to Our business. Therefore, all complaints will be dealt with as quickly as possible.
We reserve the right to cancel Your Account at any time by notice with immediate effect, without cause.
You agree to keep Us current as far as Your contact details are concerned. This includes the provision of a working email address that You regularly check.
Nothing in these Terms and Conditions shall operate to exclude or limit Our liability for death or personal injury caused by Our negligence, or (b) any breach of Terms or (c) fraud, or (d) any other liability which cannot be excluded or limited under applicable law.
Subject to the text immediately above, We may not be held liable or responsible for any direct or indirect loss or damages to Your business or that of any third party, nor for any loss of profits, opportunity or data.
Subject to the two texts immediately above, Our liability shall in no circumstances exceed the total sums paid to Us by You under the relevant contract.
3. Catalogue of Services and Prices
The CBH Catalogue of Services and Prices is displayed on this Web Site and is updated and amended when appropriate. Such updates may include changes to prices of services and the inclusion of new services as well as the abandonment of existing services. CBH will endeavour to inform You of changes to the Catalogue of Services and Prices when a change directly affects your Web Sites and/or other services.
Actual Contract Prices may have other terms and prices, depending upon correspondence, either written or electronic (eMail).
4. Payment Terms
The planned work is payable in advance at or before the beginning of the month.
Payment may be made in any of the following ways:
– In cash by hand
– By credit card via PayPal (please notify CBH in advance, and We will send You an invoice via PayPal – You do not have to have a membership in PayPal to use the service this way)
– By bank transfer to the following account:
IBAN: CH79 0027 9279 CC43 5623 0
Clearing No. 279
Account name: James Craig Hesser
Bank address: UBS AG, 1211 Geneva, Switzerland
or to another account as agreed between You and Us.
In the event payment is not received on or before the first calendar day of the month (before, if the first day or days are weekends or holidays in Canton Zug, Switzerland), no activities will be performed on the Web Sites. You must assume responsibility for potential losses which occur due to non-payment, such as loss of a domain name due to non-payment, inaccuracies in the Web Site(s) due to changes in software or business conditions, or even non-display of the Web Site(s) for technical reasons.
We reserve the right to shut down any Web Site that is more than one month payments in arrears. It is not fair to Our other paying Clients for Us to continue maintenance of Web Sites that are not being paid. Domain names with payments in arrears (Web Site Services and Domain Name Services accounts) will be held until the next domain name renewal date, but We will not renew the domain names unless the account immediately is paid in full. Neither domain names nor Web Sites will be transferred to other service organisations or You or Your agent until and unless the complete outstanding balance is paid.
Payments for services separate from the provision of a website are due upon start of the work. Payments more than two months in arrears will be complained by letter (“Mahnung”)and each complaint (Mahnung”) will include an additional CHF 20.00 minimum fee for the complaint letter. Accounts more than four months old may be given to a public (“Betreibungsamt”) or private collection service without further notice.
5. Domain Names
We make no representation that any domain name You might wish to register is capable of being registered by or for You or that it will be registered in Your name. Therefore, You should not assume that registration of Your requested domain name is successful until You have been notified by Us that the registration has taken place. Any action taken by You before such notification is at Your risk. We have no influence over the decisions taken by the Registries.
You understand that We are acting as Your agent with regard to any domain name registration. The registration and use of Your domain name is therefore subject to the terms and conditions of use applied by the relevant naming authority (“NIC”); You shall ensure that You are aware of those terms and conditions and that You comply with them. We generally use Moniker as the Registrar for Our domain name registrations, but Moniker is not able to register all top-level domains. You shall have no right to bring any claim against Us in respect of refusal to register a domain name, or the loss of any domain name, as a result of any actions by the relevant naming authority. We also reserve the right to chose the Registrar that We will use to provide any Top Level Domain name.
We shall have no liability for Your use of any domain name for whatever reason. Any dispute between You and any other person or judiciary person must be resolved between the parties concerned in such dispute. If any such dispute arises, We shall be entitled, at Our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
You understand that (1) We can give no warranty that any Domain Name requested will not infringe the rights of any third party and that (2) You indemnify Us in respect of any such infringement.
Upon Your demand, We will make the necessary efforts to transfer any domain to another Registrar if You so desire. However, this generally will require full payment for that domain (and/or any associated services) for one year to the present Registrar before the transfer can take place, and additionally, payment of at least one year Registration fee to the new Registrar. The good news is that such payments are valid as renewals, and You do not lose the money, You gain additional domain name time prior to the next required renewal.
Our Services include Us making all reasonable efforts to renew any domain name on Your behalf. However, there may be circumstances beyond Our control that hinder Our actions. In this case, it is possible that Your rights to the domain name(s) could be lost, or only recovered in a recovery process that costs additional funds above the normal renewal fee. In this case, We will contact You for instructions, whether to continue with the renewal process, or to drop the domain name.
You will need to transfer control of Your domain names to Us for Us to be able to control the domain name pointers and the registered contacts. Provided You give Us the authority and the access information, We can maintain domain name(s) without further action from Your side.
You understand that if You request the cancellation of a domain name at any time, You will most likely lose that domain, and any Web Site associated with the domain name will go offline permanently.
6. Web Site Hosting And Email
Commercial hosting is provided by Us through third party servers and network providers. In the event of any problem, We will use all reasonable efforts to provide alternative hosting facilities as soon as possible. Unfortunately, We can not accept liability for any loss accruing to You as a result of any downtime or loss of service experienced.
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and We shall have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
We endeavour to make all necessary steps to provide backup copies of all Web Sites and associated information, but this is never up-to-date on a second-to-second basis. Generally, for smaller Web Sites, the hosting companies provide routine backup on a weekly basis. If You require more frequent backup please let Us know and We will endeavour to provide the security You require, albeit most likely at some additional cost. We shall not be held responsible in the event of any file loss resulting from the failure of any of the Servers or Services. It is strongly recommended that You backup all of Your files locally in addition to any backup activities We undertake.
You represent, undertake and warrant to Us that You will use the Web Site allocated to You only for lawful purposes. In particular, You represent, warrant and undertake to Us that:
– You will not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorise or permit any other person to do so.
– You will not use Services for anything which is contrary to any legislation or statutory instrument which may be in force from time to time.
– You will not post, link to or transmit any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
– You will not post, link to or transmit any material which concerns betting or gambling in any way, including advertising for such activities
– Any material containing a virus or other hostile computer program.
– Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. At all times, the assessment as to whether the content is suitable or unsuitable, remains entirely at the discretion of JCW or JCW-CH.
– Unless Your Account is a “Hosting Account” (ie: not simply a Domain and Forwarding account) You will not send bulk email whether opt-in or otherwise from Our network. Nor will You promote a Web Site hosted on Our network using bulk email. If You are unsure if this applies to Your account, You should seek confirmation from Us.
– You will not employ programs which consume excessive system resources, including but not limited to processor cycles, data transfer and memory use.
– Any file You store on the Server will be reachable via a hyperlink from a page on Your Web Site. Only files directly related to Your Web Site may be stored on the Server. You will not ‘archive’ files on the server, the definition of which is soley defined by Us.
We reserve the right to remove any material which We deem inappropriate from Your Web Site without notice. We do not host Warez, Adult or illegal MP3 content.
The Hosting of mp3 files, digital video, or any other self created media is allowed so long as You are the sole copyright holder of such works or a licensee with all applicable permissions and consents from the copyright holder and any third parties required for such hosting.
You shall keep secure any identification, password and other confidential information relating to Your Account and shall notify Us immediately of any known or suspected unauthorised use of Your Account or breach of security, including loss, theft or unauthorised disclosure of Your password or other security information.
You shall observe the procedures which We may from time to time prescribe and shall make no use of the Server which is detrimental to other Users.
You shall assure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
In the case of an individual User, You warrant that You are at least 18 years of age and if the User is a company, You warrant that the Services will not be used by anyone under the age of 18 years.
While We will use every reasonable endeavor to ensure the integrity and security of the Server, We do not guarantee that the Server will be free from unauthorised users or hackers and We shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
You understand that Our Servers may utilise certain security measures (included but not limited to the use of a firewall) that will restrict access to Services based on criteria determined to be detrimental to the Server or other Users.
You must agree to use reasonable responsibility for Your actions and Your Web Site’s content. Anything that JCW-CH determines to be abusive or against better judgement IN THE SOLE DISCRETION OF JIMMY CRAIG WEBSITES SWITZERLAND AND/OR JIMMY CRAIG WEBSITES will be taken offline. If the indiscretion is relatively minor, We will inform You and ask You to remove the offending material or practice. In the case of a major problem, such as indescriminent SPAMMING or Denial-Of-Service attacks launched from Your Web Site, We will immediately block Your Web Site and terminate Your complete Agreement, including even other non-involved Web Sites, without right of refund. Such a termination does not relieve Youif paying and due or past-due invoices.
We reserve the right to require changes to or disable as necessary any web site, account, database, or other component that does not comply with these terms, at Our sole discretion and without notice. We also reserve the right to make any such modifications in an emergency at Our sole discretion.
We cannot guarantee that third-party software will run on the servers We operate.
7. Service Availability
Since We presently do not host the Services on Our own equipment, We shall not, in any event, be liable for interruptions of Service or down-time of the Server. Our present hosting serivce has better than 99.9% up-time, but in the case that there are consistent loss of service events with any one supplier, We will replace that supplier with a more reliable service.
We shall have the right to suspend Services at any time and for any reason, generally without notice.
No more than one log-in session under any one Account may be used at any time by You, even if You have multiple accounts.
8. Money Back Guarantee
Each Service Class 1, 2, 3 and 4 Account includes a full 30-day money back guarantee.
If You are not completely satisfied with Our services within the refund time period specified, You will be given a full refund of the amount paid excluding overages. No refund is available after that period. This guarantee does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, or any fees paid as a result of Domain Name Registration(s).
Refunds may or may not apply to services provided to You by Us. We are the sole determining decision authority whether You may or may not receive a refund for services rendered by Us or third parties through Us.
Accounts cancelled or terminated by Us for violations of Our Terms and Conditions or Acceptable Usage Policy do not qualify for the 30-day money back guarantee.
The 30-day money back guarantee does not apply to services that are designed to run only 30 days or less.
In the case that a domain name or multiple domain names were acquired during the 30 days, those domain names will be transferred to You upon payment of the actual domain name fees plus 15% in Swiss Francs, Euros, or US Dollars.
Only first-time accounts are eligible for a refund.
In the event You decide to terminate CBH’s Services for any reason, one month notice prior to termnation is required. CBH assumes that You will have a sufficiently informed person or organisation to take over the Web Site and domain name activities. CBH will participate in the transfer of any site from CBH hosting to another system, and also with the information needed to transfer the domain names, if necessary. These activities will be included in the normal monthly fee for the last month of service by CBH, but any external costs incurred will be for the Your account and will have to be paid directly by the You.
If You fail to pay any sums due to Us as or before they fall due, We may suspend or cancel any Services without notice to You. Accounts are typically suspended fourteen days after the due date, and fully cancelled after a further twenty one days.
If You breach any of these terms and conditions We may suspend or cancel any Services without notice to You.
If You are a company and You go into insolvency, voluntary or involuntary liquidation, or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with Your creditors or any analogous event, We shall be entitled to suspend or cancel any Services without notice to You.
No refunds will be made for Services suspended in accordance with above paragraphs of this section.
We reserve the right to suspend Services at any time. In the event of this, You will be entitled to a pro-rata refund based upon the remaining period of pre-payment. This does not include any fees in connection with Domain Registration.
Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card. All credit and debit card returns are subject to a 10% administration fee calculated on the basis of the original purchase price.
We are entitled to block Your Web Site and to remove all data where termination or suspension has occurred, no matter how that termination or suspension has occurred.
If an account is terminated by You or by Us, and You do not specify an agent to take over Your website activities, We will retain the subject websites on Our hosting for no longer than 45 calendar days. During this time, You may still appoint an agent to take over Your websites. In any case, Your account must be paid in full prior to transfer to Your new agent. This payment will include a charge of CHF 200,00 for each website that is to be transferred. If the payment is not made, the transfer to Your agent will not be permitted. If the 45-day period expires without payment, the account will be terminated per the above information.
You agree that You shall defend, indemnify, save and hold Consultiong By Hesser and James Craig Hesser individually and collectively harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Consulting By Hesser, its agents, officers, employees and assignees, that may arise or result from any service provided or performed or agreed to be performed or any product sold. You agree to defend, indemnify and hold harmless Consulting By Hesser against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with servers operated by Consulting By Hesser; (2) any material supplied or hosted by customers on their Web Site (including content infringing or allegedly infringing on the proprietary rights of a third party); (3) copyright infringement and (4) any defective products sold to customers from servers operated by or in the name of Consulting By Hesser.
We will not be responsible for any damages Your business may suffer. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Us or any third party acting on Our behalf. We expressly disclaim all and provide no representations or warranties in respect of this Web Site, its contents or the services provided by Us. We do not represent or warrant that the information accessible on or via this Web Site is accurate, complete or current.
12. Security of Personal Data
The Web Site where this document is published belongs to Consulting By Hesser and James Craig Hesser. The postal address of CBH is as shown:
Consulting By Hesser
James Craig Hesser
If any provision (or part of a provision) of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
15. Venue and Language
This agreement will be subject to judication in the appropriate Court of Canton Zug, Switzerland under Swiss Law. The Parties agree to attempt to find a reasonable solution prior to submitting any disagreement concerning this Agreement to judicial action.
The official language of this Agreement is English. If any translation is made, the latest modifications to the original English version shall be binding.
16. Modifications to This Agreement
Consulting By Hesser and James Craig Hesser, whether individually or jointly, have the sole right to modify this Agreement at any time at their sole discretion. Your only remedy is to terminate the Agreement at the earliest possible time. In this case, You will be refunded any paid amounts that go past the date of the termination less a 15% service fee.
Last modification: 30 September, 2015 – Modifications and correction of some typing errors.