Terms and Conditions(T&C)
For registration and management of the products, Web hosting, domain, SiteBuilder, Open Xchange Groupware and SSL certificate (hereinafter called product) by Novatrend Services GmbH (hereinafter referred to as Novatrend), the following terms and conditions apply. Novatrend reserves the right to change these terms at any time. The amended terms will be published on the website of Novatrend and come into force on publication. Customers will be informed in advance by email. The terms and conditions of the respective domain registries are an integral part of these conditions.
The contract starts with the commissioning of the service or product registration. For all products there is a recurring annual contract, which may be terminated at any time within the customer center in compliance with the deadlines set. (see para. 3)
The customer may cancel their web hosting order within 30 days without giving reasons, from within Customer Center via the ticket system. This right of cancellation applies only to the product web hosting.
2 Domain registration, contract start and extension
An application for domain registration must be made through the website of Novatrend. Novatrend handles applications for registration under the principle of equal treatment. If registration of the same domain name is the subject of multiple valid applications, the allocation of the domain name shall be based on the chronological order received (first come, first served). Novatrend may refuse registration of domain names without giving reasons.
The registration of domain names is done via the corresponding interface of the registries or the partner registrars. Each submission will be checked for completeness before the registration can be done. Whenever a domain extension requires additional information for registration, they will be requested by Novatrend from the applicant.
The domain is always registered for one year, the registration will be confirmed to the customer by email. From this point, the one year contract term begins, which is automatically renewed for another year, should the domain not be terminated within the scheduled time period (see para. 3). In case of early termination or cancellation of the domain (see para. 3) the annual fee paid will not be refunded.
3 Termination / cancellation of products
Each product can be terminated within the customer center, solely by the holder of the product, prior to the next expiration date. The holder of a product can terminate if:
- there is no open invoice for the specific product,
- the cancellation notice period of 30 days has not been exceeded,
- the invoice for the first year has been paid,
- the product has not been blocked by Novatrend.
If the product is terminated, it remains active and available until end of the contract period. Upon reaching that date, the product will be deleted by Novatrend.
Novatrend deletes a product or transfers the registration of a domain name, if : an enforceable decision of a court in Switzerland, an arbitration tribunal, a decision of a Swiss criminal prosecution, administrative or regulatory authority or a judicial or extrajudicial comparison from one or both parties, is provided.
Novatrend can delete a product if:
- the holder breaches the applicable law,
- the holder breaches these T&C or the contractual relationship with Novatrend is broken,
- the fees are not paid according to the contract,
- the holder breaches their duty to maintain data accuracy,
- the holder has died or has been deleted from the companies register as a result of bankruptcy or liquidation.
The domain deletion has the consequence that it is deleted from the Whois service, the database and the zone file. With the deletion of the domain name it becomes available for re-registration.
4 Disputes regarding domain names
Novatrend basically does not judge who has a better right to register or use a specific domain name. Similarly, Novatrend does not review the content of individual websites.
Dispute resolution service
In the case where interested parties cannot reach agreement regarding the right to a domain name or the legitimacy of its use, a dispute resolution service is available for a fee. The decision of the expert from the dispute resolution service is binding for holders of domain names even if they do not participate in the dispute settlement procedure.
For the dispute settlement procedure, the currently valid version of the relevant rules of procedure apply. In all cases, further legal action before the national courts is open to both the holder and any third parties.
5 Transfer of domain names
Incoming domain transfer
For domain transfers with the extensions .CH, .LI, .COM, .NET, .ORG, .BIZ, .INFO and .AT, the period of validity of the domain is taken over. For all other domain extensions the period of validity cannot be assured.
Outgoing domain transfer
An AuthCode for the transfer of a domain to another registrar can be requested at any time - and for almost all domains - from within the Novatrend Customer Center. So that the AuthCode can be displayed, the domain name must be terminated beforehand.
6 WHOIS Database Service
The customer agrees that their data:
- be submitted for registration purposes to the respective registry or registrar partners,
- be publicly available through the Whois Database Service,
- be included for registration services in the Novatrend databases.
7 Web hosting, services and rights
Novatrend provides the customer with space on their own server infrastructure, according to the published offerings available.
The customer may use this space and the resources available, exclusively for the operation of a website. The usage of web storage for data storage and backup is not allowed. Resource intensive scripts which affect the server stability, are not allowed. Novatrend reserves the right to set limits on resource consumption (CPU/RAM) and, where appropriate, to throttle the power used by the client account or block it entirely if it affects server operation.
Novatrend may change the scope of services at any time, especially when new software versions are available, or the service can be covered by use of a new software.
Novatrend is entitled:
- to fix security bugs in any automated customer scripts. The customer has the option to retrieve the previous file version, available via the control panel, and to prevent future changes to that file.
- to disable hacked web hosting accounts containing malware and phishing mails.
Novatrend strives to provide all services smoothly and without interruptions. Planned interruptions for e.g. maintenance, expansion of services, introduction of new hardware and software, are published in advance. Operational disruptions are published within the customer center.
8 Customer responsibilities
The buyer is fully responsible for the information, which s/he makes available to the public on the internet. The customer shall refrain from abusive and illegal activities on the internet. In particular, the following points are not allowed:
The client's website must not contain any unlawful or immoral, pornographic, racist content and statements. Links to such internet sites are also prohibited.
The customer is obligated to keep the scripts used by him up to date through implementation of regular updates. Security vulnerabilities in scripts should be closed immediately by patches.
Sending of mass emails (spam) is not allowed.
The customer is obligated to use web hosting only in accordance with these conditions and is liable for all damage that may occur to Novatrend or other users of the server due to improper use of the service.
The customer has responsibility to ensure that s/he creates regular backups of their web data. Novatrend makes a daily backup of all the data of web hosting accounts; as a rule, the data remains stored for at least 7 days. The customer has the right to request to have his data restored at any time, for a fee. Novatrend is not liable if the data cannot be restored due to technical problems or failure of the backup system. All OpenXchange data (calendars, tasks, address books, etc.) as well as data from the Open Xchange Drive are excluded from the backup.
10 Changing the Novatrend webhosting service
Upgrade: The customer is entitled at any time to switch to a higher service. The contract term will remain. The customer receives for the remaining contract period an invoice, accurate to the day, for difference for the higher service.
Downgrade: The customer can at any time switch to a lower service. However, there will be no refund. The lower rate is taken into account only from the new accounting period.
11 OpenXchange Groupware
The use of the Open Xchange groupware (hereinafter called the OX App Suite) is available to all web hosting customers free of charge. The number OX App Suite accounts which can be created for free is defined in each hosting plan. Additional OX App Suite accounts are subject to a charge and can be licensed within the customer center.
The use of the OX App Suite for addon and parked domains is only available with a paid license for individual email addresses and only when the domain is managed by Novatrend.
Novatrend is entitled to delete domain names on the Open-Xchange Server when these have been not been used for more than a year. The decision for this is based on the last login to the email account.
12 Data maintenance responsibility
The customer is responsible for ensuring that all recorded address' in the database of Novatrend are kept up to date, complete and correct throughout the duration of the registration. For Novatrend address data recorded in the database is decisive.
Any change of address data is to be made from within the Novatrend customer service center by the customer. Changes of address data by means of telephone or communicated via email will not be accepted.
Should the address data prove to be invalid or out of date, then Novatrend reserves the right to investigate and alter the data accordingly. If the identity of the holder can only be discovered through a disproportionate effort or if any communications with the holder or billing contact prove to be undeliverable, Novatrend is entitled to delete the products of that holder after the validity period has been reached.
Novatrend will not provide your address data to any third party, provided they do not have a direct connection with the registration of the domain name and the business transaction. Address data of defaulting customers will however be passed on to the debt recovery service.
The prices listed on the Novatrend site apply. Novatrend reserves the right to change prices at any time. For renewals, the prices published at the time of renewal will apply.
15 Payment terms
The annual fee is due for payment with the registration of a product as well as when extending the time period. The customer can choose to receive an invoice either via email or by regular post. Payment of the invoice must be within 30 days. In the case of default, Novatrend sends at least one payment reminder via email and a reminder in the post. In the case of an overdue invoice, Novatrend is entitled to add an interest charge of 5% and a charge to cover the additional handling. In cases of default Novatrend is also entitled to deactivate the product and/or delete the product after the expiry date, whereby the open invoice amount for the period remains payable.
16 Credit account
To simplify the settlement of renewal fees, the customer can deposit an arbitrary amount of money in advance, from which annual fees incurred will be deducted. For each incoming payment the customer will receive a VAT-compliant document. Renewal fees, charged to the credit account, are listed in detail within Novatrend Customer Center.
The use of Novatrend services is at the customer's own risk. Novatrend assumes no liability for damages and lost profits, which may arise due to operator errors, omissions, interruptions, data loss, file corruption, hardware and software problems, delays in data transmission, unauthorized intrusion into systems, theft and acts of force majeure.
Neither Novatrend nor its business partners, providers, registrars and/or other third parties can guarantee that the service will never be interrupted or completely error free. The customer expressly waives claims for damages and excludes Novatrend from all claims raised by third parties.
18 Force majeure
In cases of force majeure, such as natural hazards, mobilization, war, rebellion, epidemics, accidents, sabotage, terrorism, serious operating malfunctions, interruption of telecommunication lines - especially those of the internet, labour disputes and regulatory measures, where Novatrend and any third parties used by Novatrend, cannot reasonably be expected to be in control and therefore prevented from fulfilling all the obligations of this contract, Novatrend is for the duration of the event of force majeure, and during an appropriate start-up period thereafter, released from the obligation to fulfil the terms of the contract and is not liable for any direct or indirect damages which the holder may have as a result of the non-fulfilment of all the obligations.
19 Concluding Provisions
These terms and conditions are in force, effective as of the 1 August 2015 and until further notice. The contractual relationship of the parties is governed exclusively by Swiss law. Seat of jurisdiction is Zurich, Switzerland.
If any provision of these terms and conditions be deemed invalid, the contract nevertheless remains in force. The validity of the remaining provisions shall remain unaffected. If any provision of this contract proves invalid, the validity of the remaining provisions shall not be affected. The parties undertake to make a determination to find and agree an effective regulation in place of the invalid provision.