Legal Documents
MaxiNetwork Sàrl — Villaz-St-Pierre (FR), Switzerland
General Terms and Conditions
Scope of Application
These general terms and conditions apply to the relations between customers and MaxiNetwork Sàrl (hereinafter: «MaxiConnect»). They apply to services and products — paid or free — insofar as they are declared applicable and no divergent written regulation has been agreed upon.
MaxiConnect Services
Offers and Validity
MaxiConnect offers services of all kinds in the areas of Internet, networks and telecommunications, and provides its services within the framework of the respective contract and available operational resources. MaxiConnect reserves the right to adjust services as needed or for important reasons. MaxiConnect reserves the right to adjust prices, its services, special conditions and offer conditions.
If MaxiConnect increases prices in a way that results in a higher overall burden for the customer, or significantly modifies a service used by the customer to the customer's detriment, the customer may terminate the relevant service without financial consequences before the change takes effect. If they do not do so, they accept the changes. Price adjustments due to changes in tax rates (VAT) as well as price increases from third-party suppliers are not considered price increases.
Interruptions and Disruptions
MaxiConnect strives to ensure high availability of its services. However, it cannot guarantee uninterrupted and disruption-free operation of its infrastructure and services. Where possible, MaxiConnect provides timely notice of service interruptions necessary to remedy disruptions, for maintenance work, the introduction of new features, etc.
Cooperation Partners
To perform the contract, MaxiConnect may engage third-party providers and/or subcontractors.
Infrastructure and Services
Customers have no right to a particular configuration of MaxiConnect's infrastructure or to the maintenance of services accessible through it. MaxiConnect has the right, at any time and with reasonable notice, to cease the provision of a service without compensation.
Contract Start / Duration / Termination
Contract Conclusion
Registration with MaxiConnect is done in writing or electronically on standardised registration forms or also by telephone. By submitting a contract request with MaxiConnect, the customer acknowledges these general terms and conditions and undertakes to provide truthful information.
Contract Duration and Termination
The minimum term, notice period and termination date are generally regulated in the individual contract. In the absence of contrary provisions:
- Contracts have no minimum commitment period.
- Subscriptions and services may be cancelled at any time, without notice, with immediate effect.
- However, in the event of cancellation within the first 6 months of the contract start, the activation fees initially waived will be charged.
Fees Outside the Contract Period
In the event of cancellation by the customer before the service is put into operation, the customer owes MaxiConnect all costs incurred in this context.
Fair and Acceptable Use Policy
If usage differs considerably from normal use, or if there are signs of illegal or contractually non-compliant behaviour, MaxiConnect may request the customer to comply with legal and contractual usage, modify, restrict or suspend without notice the provision of services, terminate the contract without notice and without compensation, and claim damages.
Liability
Liability
For damages related to our services, we are only liable in the event of intentional misconduct or gross negligence on our part. MaxiConnect's liability for indirect damages, loss of profit, data loss, and damages resulting from downloads is — to the extent permitted by law — excluded.
Disclaimer of Liability
MaxiConnect is not liable if service provision is temporarily interrupted, wholly or partially restricted, or impossible due to force majeure. Force majeure events include in particular power outages and the presence of malicious software.
Customer Obligations and Rights
Lawful and Contractual Use
The services are intended exclusively for normal private use by private customers and normal professional use by business customers. The following are considered illegal or contrary to the contract in particular:
- Unfair mass advertising (spam)
- Harassment or disturbance of third parties
- Obstruction of third parties in the use of telecommunication services
- Intrusion and attempted intrusion into third-party systems (hacking)
- Spying on other Internet users or their data
- Fraudulent attacks (phishing)
- Damage to or endangerment of telecommunication infrastructure or third-party devices through malicious software
- Transmission or provision of illegal content
Responsibility for Content
The customer is responsible for the content of information (language, data in any form) that they transmit or process through MaxiConnect or make accessible to third parties.
Responsibility for the Use of Connections
The customer is responsible for all use of their connections, including by third parties. They are in particular obliged to pay all amounts invoiced as a result of the use of services provided by MaxiConnect.
Passwords and Access Codes
The customer is required to keep passwords, identification codes, login credentials, etc., secure and not to make them accessible to anyone.
Customer Hardware and Software
The customer is responsible for their own hardware and software components. MaxiConnect cannot guarantee that Internet access will work correctly on all devices. In the event of disruptions requiring measures on the customer's premises, the customer is required to adapt their installation at their own expense.
Equipment Belonging to MaxiConnect
If MaxiConnect provides equipment for rental or loan, it remains the property of MaxiConnect for the entire duration of use. At the end of the use of the service, the customer is required to return the equipment in good condition within the deadline set by MaxiConnect.
Secure Operation / Protective Measures
The customer protects their infrastructure and data against unauthorised access by third parties. They take measures to prevent their infrastructure from being used for the dissemination of illegal or otherwise harmful content (spam, phishing, malicious software, etc.).
Remote Maintenance
MaxiConnect is authorised to access the infrastructure used for the provision of the service via the telecommunication network in order to configure, maintain or optimise it, and to consult, modify, update or delete the technical data or software present.
Fault Resolution
Technical Support
MaxiConnect provides support by telephone or email to assist its customers with technical questions relating to the use and installation of the services offered. The costs and opening hours of this service are published on the corresponding platform.
Fault Resolution
MaxiConnect resolves faults that fall within its area of responsibility within a reasonable timeframe during operating hours. If a customer requests the resolution of faults due to defects in the customer's equipment or operating errors, the customer bears the costs incurred.
Intentional Hacking
If a hacking attack by a user of a MaxiConnect Internet connection is proven, MaxiConnect reserves the right to deactivate the Internet connection without notice. The customer concerned will be excluded indefinitely from all services. MaxiConnect also reserves the right to initiate civil and/or criminal proceedings.
Data Protection
Processing of Customer Data
When processing data, MaxiConnect complies with applicable legislation, in particular telecommunications law and data protection regulations. MaxiConnect only collects, records and processes data necessary for the provision of services, management and maintenance of the customer relationship.
MaxiConnect may process data for marketing purposes. The customer may limit or prohibit the use of their data for marketing purposes.
Credit Check and Debt Collection
The customer agrees that MaxiConnect may obtain information about them in the context of the conclusion and management of the contract. MaxiConnect is also authorised to transmit customer data to third parties for the purpose of debt collection.
Invoicing / Payment Terms
Invoicing and Payment Terms
Invoicing is carried out according to the conditions agreed in the corresponding contract, on the basis of the agreed prices. A list of additional fees is published on the MaxiConnect website.
Payment Deadlines
After the expiry of the payment deadline, the customer is automatically in default without any reminder being required. MaxiConnect may interrupt the provision of services for all services, and/or terminate the contract without notice and without compensation. MaxiConnect may charge default interest of 5% and reminder fees of CHF 30.– per reminder. Processing fees of CHF 50.– may be charged for reactivation.
Overpayments
Overpaid amounts will be refunded upon the customer's request. MaxiConnect may charge a processing fee of CHF 20.–. Without an explicit request for refund, MaxiConnect is authorised to retain overpaid amounts and credit them as advance payment against future claims.
Fees in the Event of Late Payment
In the event of late payment and after a minimum of 2 written reminders, the file will be forwarded to our external debt collection agency, which will apply processing fees due according to www.fairpay.ch.
Amendment of the General Terms and Conditions
Adjustments
MaxiConnect reserves the right to adjust the GTC at any time. MaxiConnect informs customers appropriately in advance of any changes. If the changes are unfavourable to the customer, they may terminate the contract without financial consequences before the change takes effect. The binding version of the GTC is published on the Internet at www.maxiconnect.ch.
Partial Invalidity
If one or more provisions of these general terms and conditions are declared void or invalid, this does not affect the other provisions. In the event of discrepancies between the different language versions of the GTC, the French version shall prevail.
Jurisdiction and Applicable Law
The contract is subject to Swiss law. The place of jurisdiction is Villaz-St-Pierre.
Fees for Additional Services
Document Mailings and Copies
| Service | Price CHF |
|---|---|
| Copy of a document (except invoice) | 5.– / request |
| Paper invoice (paper version by post) | 3.– / month |
Payment Processing
| Service | Price CHF |
|---|---|
| Payment at the post office | According to Swiss Post fees |
| Payment at the MaxiConnect Store | Free |
Fees in the Event of Late Payment
| Service | Price CHF |
|---|---|
| 1st reminder | Free |
| 2nd and 3rd reminder | 30.– / reminder |
| Line suspension fee | 50.– / service |
| Line reactivation fee | 50.– / service |
| Payment arrangement | Total amount + 50.– |
| Debt collection agency fees | See general terms and conditions |
Hardware and Devices
| Service | Price CHF |
|---|---|
| SIM card replacement (Defective, lost or different format) | 20.– / SIM card |
| Loan device not returned | New price of the device |
Subscription Management
| Service | Price CHF |
|---|---|
| Change of rate plan | Free |
| Early contract termination | Variable, see GTC |
| Change of mobile number | 99.– / request |
| Change of contract holder | 19.– / request |
| Information on abusive calls / messages | 100.– / request |
| Change of MaxiConnect mobile network | 39.– / change |