Scope of application
The object of these GTC is the use of the services of Parashift AG (hereinafter referred to as Parashift). For the duration of the contract, Parashift provides the customer with the current version of the services for a fee.
The contractual relationship between Parashift and the customer is established with the acceptance of the offer. By accepting the offer, the customer expressly acknowledges these GTC, even if they contradict his GTC in whole or in part.
Rights of use
Parashift grants the customer the non-exclusive and non-transferable right to use the services of Parashift for the duration of the contract as intended.
The customer is not entitled to make the service available to third parties for use against payment or free of charge. Any form of provision of the service to third parties is expressly prohibited.
The customer is obliged to arrange all contractual relationships with third parties in such a way that third parties are prevented from using the service free of charge.
Responsibilities of the customer
Apart from the Parashift Services, the customer remains fully responsible for the operation, security and condition of his electronic and digital media on which Parashift Services are used (hardware, software, operation, security, etc.). The customer bears all costs incurred in connection with the performance of his responsibilities.
Parashift services are provided according to “best effort” principles. Parashift takes all reasonable measures to ensure that the services are used as uninterruptedly as possible.
However, the customer is aware that the services and other components provided by third parties whose functionality cannot be influenced by Parashift are a technically complex system and Parashift cannot therefore guarantee the constant and complete availability of components in excess of 99.5%.
Interruptions due to system maintenance, updates, etc. will be announced in advance, with a deadline of two working days for scheduled work. Immediately necessary work that triggers an interruption in availability can be carried out without prior notice in order to solve problems quickly or prevent potential hazards.
If Parashift detects a threat to the proper operation of the system due to negligent or willful activities of external authors, Parashift is entitled to take all necessary steps immediately to protect its own infrastructure and software from damage.
Parashift support is available from Monday to Friday from 8.00 – 12.00 a.m. and 13.00 – 17.00 p.m. by telephone via the telephone number +41 61 508 77 77 and e-mail via email@example.com and guarantees a average response time of 1 hour.
The amount of the remuneration for the agreed services is regulated separately in the respective price lists. It usually consists of one-time charges and recurring fees. Recurring charges can be adjusted by prior notice. They are due within 20 days or will be charged directly from the clients credit card. Additionally agreed services will be invoiced separately.
The customer acknowledges Parashift’s proprietary rights, in particular its copyright to software, services and documentation. The customer is not entitled to make this software available to third parties, either for a fee or free of charge, or to sublet it and/or use it outside the scope of the contractual relationship with Parashift, or to dispute Parashift in any way.
Parashift may not pass on confidential information and/or materials to third parties or make them directly or indirectly accessible to third parties without the express written consent of the customer.
The customer may not pass on confidential information and/or materials to third parties or make them directly or indirectly accessible to third parties without the express written consent of Parashift.
Parashift undertakes not to use, use and/or make available to third parties any confidential information/materials of which it has knowledge without the express written consent of the customer.
The customer undertakes not to use, have used and/or make available to third parties the confidential information and materials that have become known to him without the express written consent of Parashift.
The confidential information shall be used by Parashift exclusively in connection with and for the development of the project. Parashift may only pass on confidential information to its employees, representatives and consultants in connection with the aforementioned project if this is necessary for the execution of the aforementioned project. Employees, vicarious agents and consultants shall be bound to confidentiality in accordance with this agreement. The confidentiality obligation also applies to the companies associated with Parashift. Parashift will also obligate them to maintain confidentiality accordingly.
Parashift may disclose confidential information if required to do so by law or other government regulations. In such cases, Parashift will inform the customer immediately and, at the customer’s request, will take the necessary protective measures as appropriate. Parashift will take appropriate precautions to protect confidential information and materials from unauthorized access by third parties.
Data protection and data security
Parashift will treat the customer’s data with the highest care and protect it from misuse and loss. Parashift will take technical and organizational measures that meet the requirements of the DSVGO. Special agreements for the storage of the data in certain countries can be made within the scope of technical possibilities.
The customer is responsible for the legality of the data transfer or its use. All customer data stored and processed by Parashift are the exclusive property of the customer and are used by Parashift exclusively for the purpose of fulfilling the contract.
Parashift guarantees that the Services will function and be operational in accordance with the legal provisions of this agreement.
The customer undertakes to indemnify Parashift against all claims by third parties based on the stored data and to reimburse Parashift for all costs that may arise as a result of possible infringements.
Parashift is entitled to block the storage space immediately if it has reasonable grounds to suspect that the stored data is unlawful and/or violates the rights of third parties. A well-founded suspicion of illegality and/or infringement exists if courts, authorities and/or third parties have informed Parashift of this. Parashift must immediately inform the customer of the removal and the reason for it. The ban must be lifted as soon as the suspicion is completely removed.
Parashift excludes any liability towards the customer (or towards third parties) within the framework of the statutory provisions, in particular for the fulfilment of its obligations arising from contractual and non-contractual obligations as well as for loss of data and loss of profit (also in the event of negligence). This exclusion of liability also applies to damage caused directly or indirectly by the use of our services.
The mutual liability of the parties, irrespective of the liability basis, is in any case limited to the amount of the monthly service fees for the last twelve months prior to the occurrence of the damage.
Parashift is entitled to name the customer as a reference and to use general information about the agreed contract in an appropriate manner for marketing and sales purposes.
Parashift reserves the right to amend or replace these terms and conditions at any time. If a revision has taken place, Parashift will attempt to notify the customer at least 30 days before new terms and conditions come into effect.
In the event of the complete or partial invalidity of individual provisions of this contract, ineffective or unenforceable provisions shall be implemented or supplemented in such a way that the economic purpose pursued by the ineffective provision is achieved. The same shall apply in the event of gaps in this contract.
Place of jurisdiction
The parties agree to apply the law of the Swiss Confederation to all legal relations arising from this contract. Liestal BL (Switzerland) is agreed as the exclusive place of jurisdiction for all disputes arising in connection with the execution of this contractual relationship.