General Terms and Conditions
JetHosting.ch Hosting Services

 

Version 1.2 dated 02.11.2022

01 Scope of Application

The General Terms and Conditions set out herein apply to the relationship between JetHosting.ch (hereinafter: Provider) and the Customer, who requests, in writing or verbally, the service described under 02..

02 Services

The Supplier provides services in the sphere of the Internet, specifically renting virtual space known as hosting for the allocation of the Customer’s website, placing the IT services at the Customer’s disposal. The Supplier reserves the right, in cases of need or for serious reasons, to adapt its services. Furthermore, the Supplier undertakes to notify the Customer in good time of any problems with the service provided and their resolution.

03 Commencement and conclusion of the contract

The contract shall commence in written or verbal form and shall imply the implicit acceptance of these General Terms and Conditions by the Customer. The Customer undertakes to provide truthful data and information to the Supplier. The duration of the contract is defined in the order sent by the Customer and is renewed implicitly according to the conditions indicated on the order. The Customer may terminate the subscription at least 1 month before the expiry date by means of a Ticket via the Customer Area https://billing.jethosting.ch/, or by registered letter. After the term has expired, the subscription shall be renewed and the Customer shall be obliged to pay the subscription fee, even if he/she decides to cancel anyway. There is therefore no refund of unused months of the subscription to the Customer. The Customer always receives confirmation from the Supplier of the cancellation acknowledgement, so if within five (5) working days such confirmation does not arrive (lost mail or SPAM filters), the Customer is obliged to contact the Supplier for verification. Failure to do so shall render the cancellation null and void, relieving the Supplier of all liability.

04 Liability

The Supplier undertakes to provide a continuous service that is as free as possible from voluntary interruptions. However, due to the nature of this service, the Supplier cannot guarantee operation without momentary interruptions: he shall not be liable in the event of temporary malfunctions caused by third parties or because the service is technologically renewed for the benefit of present and future customers. The Supplier is not responsible for the data that are uploaded by the Customer onto the rented space, nor for their integrity, nor for their damage due to attack or violation by third parties, nor by the intervention of harmful computer viruses. In any case, in general, the Supplier declines all liability for any damage to the data that the Customer manages on his space. The Supplier reserves the right to close down the hosting space and claim material damages from the Customer in the event that the data managed by the Customer infringes the clauses in section 05. The Supplier undertakes to offer a technical support service: this is provided solely via Ticket via the Customer Area https://billing.jethosting.ch/ or via the service administration pages (“Frequently Asked Questions”).

05 Obligations and rights of the Customer

The Customer has the right to use the rented space to promote its initiatives and present services, including for profit. Unless otherwise indicated, the service contract does not provide for exclusive access to a physical resource: the Customer is therefore obliged to use all services according to the principle of “fair use” (especially with regard to bandwidth use and sending large quantities of e-mails), even when bandwidth is indicated as “unlimited”. He is fully responsible for what he hosts on his website, and must therefore exercise the utmost diligence in complying with the laws in force in Switzerland and in the other countries where his site is visible and accessible, as the Provider may have recourse against him for any fines or penalties that may be incurred as a result of his content. The Customer shall comply with international conventions, privacy and the handling of personal data, copyrights, and trade secrets. It is forbidden for the Client to publish material of an illegal, immoral, obscene, discriminatory nature or otherwise forbidden by current laws: the Supplier may immediately and without notice close the space to the Client, demand material damages and take measures provided by law to prosecute the Client criminally. The following content, written or visual, is prohibited: gambling, lotteries; copyright infringement; pornography, paedophilia; incitement to violence, propaganda and discrimination of any kind. The Provider periodically checks the sites hosted through its service in order to remove spaces used in a manner that does not comply with the clauses set out herein. Sub-letting of space to third parties is prohibited. The Customer shall be responsible for the access information received from the Supplier and shall be liable for it if he communicates it to third parties, without any recourse against the Supplier. The Customer is responsible for backing up his own data using the tools made available in his Customer Area.

06 Technical problems

The Supplier constantly monitors its infrastructure in order to ensure the proper functioning of its services; it therefore undertakes to take prompt action to remedy a technical problem that has occurred, whatever the reason. The Customer may request information on the operation of the service by consulting the Supplier’s official website in the ‘Service Status’ area. During planned or unplanned maintenance of the service, as well as its technological improvement, due to temporary interruptions, the Customer may not claim damages of any kind from the Supplier. If the Supplier is called upon by the Customer to solve problems on its rented space, it may investigate the cause of the problem and, if it determines that it was the Customer’s or a third party’s misuse, it may invoice the intervention.

07 Processing of personal data

Except where required by legal or regulatory issues (e.g. domain registration), the Supplier undertakes not to pass on the Customer’s personal data to third parties, except after obtaining written authorisation from the Customer. Furthermore, it undertakes to use personal data only internally within the Supplier, with regard to present and future products supplied or promoted by it.

08 Billing, Payment, Suspension of Service

Hosting services and all additional services must be ordered online, where simultaneous payment by credit card or online services (e.g. PayPal) is also possible. If the Customer requests an Invoice, it will be issued with a due date of “five (5) days net”. In all cases, the service will be activated as soon as the balance due is received. The Supplier reserves the right to suspend the service in the event that the Customer does not make the payments under the chosen plan on time: suspension of the service does not imply termination of the subscription, which continues and can only be terminated after the balance of the suspended amounts has been paid. In the event of a reminder (reminder) of payment, the Supplier may request reimbursement of the reminder fees incurred. The Supplier reserves the right to change the prices of its services, with the non-binding commitment to keep the price locked in for Customers who have already subscribed, should the change be a price increase.

09 Modification of general terms and conditions

The Supplier may amend the general conditions at any time, informing the Customer to update its documentation either by visiting the official website or by receiving it directly by e-mail (PDF document); in fact, by continuing to use the service, the Customer declares that it accepts the amended conditions without the need for further communication.

10 Place of jurisdiction

The contract and the general terms and conditions shall be governed, interpreted and applied in accordance with Swiss law (Code of Obligations and other provisions). For any disputes, the exclusive jurisdiction of the Court of Lugano shall apply, with express exclusion of the jurisdiction of any other court.

 

The italian version of this document is primary and supersedes any translated document.

 

JetHosting.ch
c/o F. Albonico
Strada di Gandria 34
6976 Castagnola TI
Svizzera