Terms of Service (TOS)
Acceptance of Terms
- Use of any services of wservices.ch constitutes acceptance and agreement to wservices.ch's Terms of Service (TOS).
- Variations to this Terms of Service are only effective if wservices.ch confirms them in written form.
- wservices.ch aims to provide its services 24 hours a day, 7 days a week without any interruptions. Planned maintenance outages will be announced as soon as possible. Outages will not exceed 10 hours a month.
- If outages are longer, a credit will be issued to the customer's account. Its amount is 1% of the monthly fee per exceeded hour, but not more than 100%.
- This availability guarantee does not apply to outages which are out of wservices.ch's control, like for example upstream network outages or hardware failures.
- Support is provided by e-mail and the ticket system and is limited to our products.
- The customer may not perform any activity on our servers that violates international law, Swiss law or any applicable laws at the customer's locality.
- The customer may not send unsolicited bulk messages (also known as "SPAM").
- The customer may not perform any activities that might put the stability or security of our or other servers at risk. Specifically forbidden is performing of DoS attacks and execution of exploits or other harmful programs.
Obligation of the customer
- The customer avoids excessive or unnecessary use of system resources or network traffic (fair use). wservices.ch reserves the right to limit the network bandwidth or other system resources on excessive usage.
- The customer ensures not to consume more than 5% processor resources in the hourly average per system user and not to exceed the RAM limit (60 MB by default). wservices.ch reserves the right to stop ("kill") the affected processes.
- The customer may only use ports which are assigned to him/her for incoming connections. Processes which use other ports for incoming connections will be stopped ("killed").
- The customer agrees to report noticeable defects immediately to wservices.ch.
- The customer agrees to check the e-mail address that is given to wservices.ch regularly for messages from wservices.ch.
- The customer is is responsible for backing up his/her data. Although wservices.ch performs daily backups on external servers, an accurate recovery of the data is not guaranteed.
- The ordered services will be automatically renewed by the billing period which was specified
- All services will be automatically renewed for the billing period which was chosen by the customer unless previously cancelled.
- Cancellation is to be done via the web interface or by registered letter. If the cancellation is done by registered letter, a cancellation period of 7 days applies.
- A product upgrade (e.g. increasing the available space) is performed immediately.
- The price difference until the end of the billing period must be paid in advance.
- A product downgrade (e.g. decreasing the available space) is performed at the end of the billing period.
- If the data on the customer's account approaches the space limit, a warning is issued to the customer. If the space limit is exceeded a warning is issued again. An automatic product upgrade will be performed 14 days after the first warning is sent if the used space is higher than the space limit. In that case, the price difference until the end of the billing period must be paid within 10 days.
- All fees must be paid in advance.
- Payments must be done via PayPal or bank transfer.
- Transaction fees must be paid by the customer.
- wservices.ch is entitled to disable the services if the customer is in delay of payment.
Applicable law and place of jurisdiction
- Solely Swiss law shall apply to the contractual relationship.
- The place of jurisdiction is Zurich, Switzerland.