Terms of Service

01. Scope

These General Terms and Conditions of Business govern the legal relationship between innoﬁeld GmbH and its customers who use the services provided by innoﬁeld GmbH.

02. Services provided by innoﬁeld GmbH

innoﬁeld GmbH strives within the scope of its entrepreneurial resources to provide trouble and interruption free 24/7 service. As far as this is possible, customers will be informed in good time in case of planned downtime, which is required for troubleshooting, to performance maintenance and to extend our services.

03. Customerʼs obligations

The customer agrees to keep their username and password conﬁdential. The customer shall be liable to innoﬁeld GmbH for any use of Cloud Services and shall be liable for any damage caused by misuse. The customer pledges to innoﬁeld GmbH that customer will observe international and Swiss law and best practices for use in its use of the services.

The customer is responsible for the information content that it, or any third party, transmits to edits, or provides for access on its Cloud Services space. In particular, customer is not permitted to disseminate the following information content via its Cloud Services:

Depictions of violence in the sense of Art. 135 of the Swiss Penal Code (Schweizerisches Strafgesetzbuch – StGB), pornographic material, audio material, images and depictions in the sense of Art. 197 StGB, calls to violence in the sense of Art. 259 StGB, racial discrimination in the sense of Art. 261 StGB, guides or calls to criminal behavior, illegal gambling in the sense of the Lottery Act, information that infringes on copyright, related industrial property rights or other intellectual property rights belonging to any third party.

Customer is not permitted to operate services that impair innoﬁeld GmbH operational resources. In particular, the following content is not permitted: services with radical political or religious content.

innoﬁeld GmbH is permitted to decide at its own discretion, which services infringe against these General Terms and Conditions.

Customer is not permitted to sublease its Cloud Services.

Customer is obligated to patch its Cloud Services at regular intervals with security patches provided for this purpose by the manufacturer. This also applies to third party software.

innoﬁeld GmbH reserves the right to block customerʼs use of customerʼs Cloud Services space with immediate effect, and at the customerʼs cost, in case of misuse. Non-fulﬁllment of the above mentioned conditions and of the contractual obligations speciﬁed below (in Item 4) shall be deemed misuse. The blockage shall remain in force until the situation has been clariﬁed, or the customer has provided evidence of the harmlessness of the content in question. innoﬁeld GmbH also reserves the right to block the customerʼs Cloud Services at customerʼs cost if customerʼs use of the server impairs the server operations in any way. Claims for damages against innoﬁeld GmbH are ruled out in the case of misuse of Internet access or infringement against these General Terms and Condition.

04. E-Mail

The customer must check access to its personal electronic mailbox at regular intervals. The contractual partner is not permitted to dispatch unsolicited advertising emails to third parties, without being requested to do so by said third parties. innoﬁeld GmbH reserves the right to block the customers Cloud Services without prior notiﬁcation and until the situation has been clariﬁed if it gains information of this misuse. Customer is not permitted to dispatch unsolicited mass mails (spamming, mail bombing) via the innoﬁeld GmbH servers. Similarly, the use of mailing lists on a scale that impairs the operational stability of our systems is strictly prohibited. Such use is deemed misuse and shall lead to the sanctions described above (Item 3).

05. Data security

Customer will create backup copies of the data sent to innoﬁeld GmbH irrespective of their format. Although innoﬁeld GmbH does back up its Cloud Services, customer is responsible for any data submitted. In case of data loss, customer is obligated to submit the data in question to innoﬁeld GmbH once more and free of charge.

06. Data protection risks

Customers are exposed to various data protection risks in using the Internet. In particular, data protection is not given in case of non encrypted transmission of data. In particular, customers must assume that unencrypted emails may be read, modiﬁed or suppressed by third parties. Encryption and ciphering of transmitted information can help to improve protection against unauthorized access. The customer is responsible for taking measures to improve data protection.

07. Liability

innoﬁeld GmbH shall not be held liable for damaging events occurring on transmission paths innoﬁeld GmbH or other carriers, unless said damage is caused deliberately or by gross negligence by innoﬁeld GmbH. innoﬁeld GmbH accepts no liability for damage caused to customers by third party misuse. This includes damage caused by computer viruses. Customer is responsible for ensuring the compatibility of the hardware and software customer uses. innoﬁeld GmbH provides no guarantee that the domain will be accessible from all types of terminal devices. innoﬁeld GmbH provides no warranty and/or shall not be liable for loss or unauthorized modiﬁcation of data. innoﬁeld GmbH shall not be liable for interruptions to business operations made necessary by troubleshooting maintenance, infrastructural changes (switchovers etc.) or the introduction of new or different technologies. In all cases, innoﬁeld GmbH liability is limited to direct damage. Any liability for consequential damage of any kind, and especially for lost proﬁts, is ruled out.

08. Term of contract and termination of contract

The contract is concluded for an indeﬁnite term, however, at least for 1 month. The contract will be extended automatically by 1 month, unless cancelled at any time prior to the term of the contract. The contract can be resolved by mutual agreement with a different period of notice or at a different date. Notice of cancellation must be served by letter or email. In case of misuse, innoﬁeld GmbH reserves the right to cancel the contract with immediate effect. Non-fulﬁllment of the conditions stated in Item and of the contractual obligations speciﬁed in Item 4 shall be deemed misuse.

09. Prices

Prices are deﬁned in the current price list of innoﬁeld GmbH. innoﬁeld GmbH is entitled to raise prices at any time, but in particular in the case of increases in acquisition costs, or excessive use of a service with a period of 30 days notice. Price reductions offered for our services do not entitle the customer to claim back any annual fees already paid; instead the reduction shall apply to the next annual invoice.

10. Terms of payment via Paypal

Payment for innoﬁeld GmbH services is due monthly in advance. In using your Paypal account, you authorize innoﬁeld GmbH to debit your Paypal account for the amount due on a monthly basis. Paypal will notify you by email when your account is debited. For more information, refer to the PayPal guidelines for recurring payments and invoicing agreements on www.paypal.com.

Should the customer be in arrears with payments, innoﬁeld GmbH is entitled to terminate the customerʼs use of services and to claim a dunning charge.

11. Terms of payment against invoice

Payment for innoﬁeld GmbH services is due monthly in advance. The customer shall base its payment on the invoice sent to it. Customer will be billed for any charges incurred by innoﬁeld GmbH for bank/postal fees. All invoices relating to services provided by innoﬁeld GmbH are due within 30 days of invoice date, unless the invoice contains a statement to the contrary.

Should the customer be in arrears with payments, innoﬁeld GmbH is entitled to terminate the customerʼs use of services and to claim a dunning charge.

12. Cession of rights and obligations from this contract

The customer cannot cede rights and obligations arising from this contract to any third party without express written permission of innoﬁeld GmbH.

13. Final conditions

innoﬁeld GmbH can modify these General Terms and Conditions at any time. It is the customerʼs obligation to inform itself of the current wording of the General Terms and Conditions. The current version is available at any time on http://innofield.com/tos. Should the customer not accept the changes, customer is entitled to cancel the contract with immediate effect. Should this not happen, the customer will be deemed to be in agreement with the changes. Should one of the provisions of this contract be invalid, a provision will be substituted which is nearest in meaning to the one which was intended by the parties. Should there be an omission in this contract, a provision will be understood which is nearest in meaning to the one intended by the parties. All other provisions shall remain in force.

14. Applicable law and court of jurisdiction

All legal relationships not governed by this contract shall be governed by the Swiss Code of Obligations. Court of Jurisdiction Horgen.

innoﬁeld GmbH
CH-8803 Rueschlikon

28. April 2010