Scope of application
1. The subject of these terms and conditions are all offers and services of GIGAMOBILE, represented by Giga Mobile AG, registered under the commercial register number CH-020.4.039.943-3, hereinafter referred to as “GIGAMOBILE”. By ordering an offer or a service or by using an offer or a service, the customer, hereinafter referred to as “Customer”, accepts these terms and conditions in all points without reservation. Amendments and/or additions to the general terms and conditions shall come into force upon publication on the GIGAMOBILE website or by direct notification to the customer (by letter, e-mail or by any other suitable means). The customer accepts the applicable terms and conditions by using the services. In case of deviation, only the German version is legally binding for all parties.
Prices and terms of payment
1. The current prices are published by GIGAMOBILE online on the website with the offer description, clearly including VAT. GIGAMOBILE reserves the right to change the prices at any time. Existing customers will be informed of price changes by appropriate means.
2. The published prices are immediately valid for newly concluded contracts. The reimbursement of prepaid costs is excluded in any case.
3. Billing by GIGAMOBILE is monthly or annually according to the choice made when ordering (the contract start date is the date of activation of the connection). Invoices shall be deemed approved without objection within 30 days.
4. Payment can only be made with the payment methods mentioned when ordering or by arrangement.
5. The payment deadline is binding and payment is due on the first day of the service period.
6. In the event of default of payment, GIGAMOBILE may suspend the use of the services and/or terminate the contract without notice (without compensation). If the customer uses several services, GIGAMOBILE may, at its own discretion, also suspend these and/or terminate the contract without notice (without compensation). Each reminder will be charged to the customer with a reminder fee of 30 francs. Any blocking of a connection will be charged at 50 francs, during the time of the blocking the contributions are still owed and the contract is not interrupted. Reactivation after receipt of payment is free of charge for the customer. GIGAMOBILE may demand immediate payment of the fees for the remaining term of the contract in the event of default of payment. Further costs incurred by the customer’s default of payment, such as the use of a collection agency by GIGAMOBILE or another service that includes the purpose of the payment claim, shall be borne by the customer. The customer agrees without reservation that GIGAMOBILE may transmit his data in the event of default of payment to credit rating databases, collection service providers, debt collection offices, courts and conciliation bodies.
7. Legal payouts (e.g. prepaid credit, etc.) in connection with payment transactions cost either a flat fee of 20.- per transaction or, if the effort is extraordinarily high, are charged at the local hourly rate of 250.- plus 8.1% VAT. The crediting to an open invoice of the same customer account is free of charge.
Contract start and contract duration
1. The contract comes into force for the customer immediately after the order has been completed. GIGAMOBILE has the right to insist on advance payment without giving reasons. GIGAMOBILE has the right to reject the order without giving reasons. In the event of rejection, the contract does not come into force.
2. The electronic dispatch of the online, telephone or written order implies that the customer accepts all contractual conditions.
3. The contract is concluded for a minimum contract period according to the selection made when ordering or without a minimum contract period (if the product is marked accordingly). If no minimum contract period is available for selection or mentioned for a product, this is 24 months subject to a charge. The minimum contract period is extended by the number of free months if free months were offered (example: in the case of a connection that is free of charge for 2 months due to a promotion, the minimum contract period is 14 months with the free months if 12 months subject to a charge are selected). The reimbursement of prepaid costs in the event of premature termination of the contract at the customer’s request is excluded.
4. If the customer uses a Try&Buy promotion offer (offers in the ordering system with the note “test 1 month for free”) and would like to withdraw from the contract during the test period, all devices must be returned to Giga Mobile AG, Espenstrasse 137, CH-9443 Widnau in their original packaging, undamaged and in perfect condition no later than 1 month after activation in order to withdraw from the contract (example: activation date 4 April, so the devices must be back by 3 May). GIGAMOBILE has the right to charge for damaged devices or devices with damaged packaging. Without timely return, the contract can be terminated at the earliest possible date according to the minimum contract period. Telephony fees and the Suisa fees of the products are not part of the Try&Buy promotion. In the event of withdrawal from the contract, the telephony costs at the minute tariff and the Suisa fee will be charged. Purchased devices under “Options” in the ordering process are not part of the Try&Buy promotion and will not be taken back, the purchase price must be paid in any case.
5. In the event of a breach of one or more points of these agreements by one of the contracting parties, the other party has the right to terminate the contract without notice.
Contract renewal and contract termination
1. The contract is automatically extended by the billing period chosen by the customer when ordering, unless the customer terminates the contract in due time.
2. The contract ends with a termination in due time by one of the two parties. All fees up to the next possible termination date (remaining contract term) are due immediately upon termination.
3. The notice period is 60 days per extension date of the contract to the last day of a month. The date of receipt at GIGAMOBILE applies to the calculation of the deadline. In case of doubt, proof must be provided by the customer. The termination must be sent in writing (post) to the following address: Giga Mobile AG, Servicecenter, Espenstrasse 137, CH-9443 Widnau. After the end of the contract, the devices must be returned. If leased equipment and loaned items are not returned within 14 days after the end of the contract in their original packaging and in a usable, undamaged condition (no scratches, no damage, no discoloration), the customer undertakes to pay GIGAMOBILE the following fees regardless of the age of the loaned item:
– Router
Fritzbox 5530 XGS PON or missing SFP module: 199.-
Fritzbox 5530 AON or missing SFP module: 179.-
Fritzbox 5590 AON or missing SFP module: 249.-
Fritzbox 5590 XGS PON or missing SFP module: 249.-
Fritzbox 7530 99.-
Fritzbox 7583 299.-
Fritzbox 4040 99.-
Other routers not listed in the price list 99.-
– Gateway
Media converter 49.-
SFP module for media converter: 49 CHF
– Cable / Power supply
per power supply 25 CHF
– Other
missing postage: Postage plus 20 CHF expenses
4. In the event of a breach of one or more of these agreements by one of the contracting parties, the other party has the right to terminate the contract without notice.
Contract changes
1. The contract or the minimum contract period is extended in the event of a contract change at the customer’s request (e.g. switching to a new or cheaper offer, moving, delivery of free or under cost price delivered devices), unless otherwise agreed, by the minimum contract period of the product as with a new contract. In the event of a change termination at the express request of the customer, the new conditions apply at the time of the new contract conclusion.
Services of GIGAMOBILE
1. GIGAMOBILE provides the customer with offers in accordance with the offer descriptions on the GIGAMOBILE websites or a contract.
2. The offers of GIGAMOBILE are non-binding. GIGAMOBILE may change the scope of services of all offers and options at any time in compliance with the notice period in accordance with the section Contract start and contract duration.
Obligations and responsibility Customer
1. Customers are fully responsible for the information they make publicly available on the Internet. The customer has to comply with applicable law.
2. The customer is obliged not to pass on his personal user identifications to third parties or to make them accessible to third parties. For Internet connections, the operation of web servers or any other use of Internet access that is not justified by normal private use, in particular any use that leads to a data traffic of more than ten times the customer average, is only permitted if GIGAMOBILE allows this to the customer in writing. For telephone connections with flat rate, normal use is permitted. Commercial or excessive use of the flat rate is not permitted. Commercial or excessive use is presumed if there is a use that would trigger a fee of more than 40 francs (equivalent to 1000 call minutes in the fixed network) for the period from the first to the last day of the month in the minute tariff. For Mobile subscriptions, “fair use” generally applies (use within the scope of the expected average use with a generous safety margin) in relation to unlimited data, calls and SMS per month. The “fair use” rules are designed to ensure good performance and security for all users in the network and are chosen so that they are rarely or never reached when used as intended. The use of Mobile contracts as a replacement for Internet connections is generally not permitted and a displayed or suspected use leads to the immediate right of termination by GIGAMOBILE due to violation of these terms and conditions. GIGAMOBILE reserves the right to restrict the use (reduction of the speed to 128 Kbit/s to protect the other users in the network) for data in Switzerland when exceeding 40 GB per month (tariff Mobile S), 100 GB per month (tariff Mobile M) and 200 GB per month (tariff Mobile L and XL). GIGAMOBILE reserves the right to restrict the use (reduction of the speed to 2’048 Kbit/s to protect the other users in the network) for data in Switzerland when exceeding 30 GB per month (tariff Data M) and 50 GB per month (tariff Data L). GIGAMOBILE reserves the right to restrict the use (blocking) for calls in Switzerland per month of over 1’000 minutes (tariff Mobile S), 2’000 minutes (tariff Mobile M), 4’000 minutes (tariff Mobile L), 6’000 minutes (tariff Mobile XL). GIGAMOBILE reserves the right to restrict the use (blocking) for SMS per month in Switzerland of over 1’000 pieces (tariff Mobile S), 2’000 pieces (tariff Mobile M), 4’000 pieces (tariff Mobile L), 6’000 pieces (tariff Mobile XL).
3. The customer undertakes to assume all liability claims and damages that are asserted against GIGAMOBILE by third parties as a result of the provision of the customer’s files or the use of the connection by the customer. Should a third party assert a claim for injunctive relief against GIGAMOBILE as a result of services obtained by the customer, GIGAMOBILE is entitled to block the services obtained until the customer has averted this claim beyond doubt. The customer undertakes to use the services obtained only in accordance with the instructions of GIGAMOBILE and is liable for all damages that he causes to GIGAMOBILE, or other participants through improper use in accordance with point 1, point 2 or point 3.
4. In the event of a breach of point 1, point 2 or point 3 of this agreement by the customer, GIGAMOBILE may suspend the use of the services, charge excessive use and/or terminate the contract without notice (without compensation). GIGAMOBILE reserves the right to further claims for damages.
Data protection
1. GIGAMOBILE treats the data of its customers according to the data protection regulations of Switzerland. No data is stored that goes beyond the technically necessary operation. For the technically necessary operation, the IP address used, date, time and interaction on services linked to login are stored. No data is passed on to third parties without a court order (except for requests for legal assistance and information concerning personal data).
Affiliate and commission business
1. GIGAMOBILE pays agreed one-time commissions for the placement of orders. Recurring remunerations are excluded. In case of doubt or dispute, only the commissions assured by GIGAMOBILE with written form and handwritten signature are binding for GIGAMOBILE.
Liability
1. GIGAMOBILE assumes no liability for damages incurred by the customer through the provision or transmission of his files or other information on the Internet.
2. GIGAMOBILE is liable to the customer without limitation for direct and proven damages caused by unlawful intent or gross negligence.
The liability of GIGAMOBILE for medium or normal negligence is limited to the amount of CHF 1,000.00 per calendar year.
3. GIGAMOBILE is not liable for damages and misuse by third parties.
Liability for slight negligence as well as for indirect damages or consequential damages is expressly excluded. Consequential damages are in particular loss of profit, production downtime, damage to reputation and damages from data loss.
GIGAMOBILE cannot be held liable for security deficiencies and operational failures of the internal GIGAMOBILE network, the telecommunications network as well as other network operators and the Internet. GIGAMOBILE does not assume any costs for support by third parties.
4. The foregoing exclusions and limitations of the liability of GIGAMOBILE do not apply in the event of injury to life, body and health as well as in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
Warranty
1. GIGAMOBILE provides the services within the framework of its operational resources and the foreseeable requirements carefully and professionally, unless GIGAMOBILE is prevented from doing so by circumstances for which it is not responsible.
2. GIGAMOBILE strives to provide the service carefully and professionally. However, GIGAMOBILE cannot guarantee that the customer website will be continuously available on the Internet and that the data requested by the customer will be transmitted correctly and without delay via the Internet. Furthermore, GIGAMOBILE does not give any guarantee that the services provided by GIGAMOBILE and any third parties used will enable the customer to achieve the economic or other purpose intended by him.
3. Disruption reports of the service by the customer must contain a written (by registered mail or e-mail with subsequent confirmation of receipt by GIGAMOBILE) notice of defects with a comprehensible description of the alleged defects. The customer must also set GIGAMOBILE a reasonable grace period of at least 30 days to remedy the defects specified in the notice of defects. After unsuccessful setting of a grace period, the customer is entitled to terminate the contract with immediate effect. GIGAMOBILE will reimburse the customer for any remuneration already paid pro rata for the period in which the customer no longer uses the service due to the termination. Any further compensation is excluded.
4. The customer must report defects in work results provided by GIGAMOBILE in writing. The report must comply with the provisions of these General Terms and Conditions and be submitted within the specified period. GIGAMOBILE will rectify such defects within a reasonable period of at least 30 days, unless, at GIGAMOBILE’s discretion, a longer period is exceptionally required. Failure to report defects within the specified period will void the warranty.
Additional Provisions
1. These General Terms and Conditions are subject to Swiss law, and the exclusive place of jurisdiction is 9443 Widnau, Switzerland.
2. Should individual provisions of these General Terms and Conditions be invalid, the contract shall nevertheless remain valid. The validity of all other provisions remains unaffected. The invalid provision shall be replaced by a provision that most closely approximates the purpose of the invalid provision.
3. The parties waive the right to offset mutual claims.
4. Rights and obligations arising from these GTC may
only be transferred to third parties with the written consent of the other party.
Excluded from this provision is
the transfer of the contract by GIGAMOBILE to a legal successor or affiliated company.
5. These General Terms and Conditions and any disputes arising from or in connection with the contractual relationship between GIGAMOBILE and the customer are exclusively governed by Swiss law, to the exclusion of conflict-of-law provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). In disputes concerning domain names, only the UDRP dispute resolution procedure of ICANN (Internet Corporation for Assigned Names and Numbers) is permissible, or, if ICANN provisions so stipulate, the dispute resolution procedure of the respective top-level registry.
6. Only the German version of these General Terms and Conditions shall be binding.
GIGAMOBILE, Widnau, June 1, 2024 – Version 2024.1
