These General Terms and Conditions (hereinafter referred to as "GTC") apply to all services (hereinafter "Services") of FPGA Company (hereinafter "HiveWatch"). A customer is any natural or legal person or partnership that has entered into a contract with HiveWatch.
(Version 1.7 of October 11, 2017)
The terms and conditions apply to all services - paid or free - which HiveWatch provides. The other contractual provisions such as order conditions, etc. are the terms and conditions in case of contradictions on the Internet. The current and binding version of the GTC is published on the Internet at www.HiveWatch.ch in German.
HiveWatch can not guarantee that its services will function without interruption or disruption, or that it will have certain transmission times and capacities and that it will protect its network against unauthorized access or tampering. To fulfill the contract, HiveWatch may at any time call in third parties.
The customer is obligated to notify HiveWatch of its current data such as name and address data and to make corresponding changes online without delay. This also applies if the system is passed on to a third party. Customer must immediately notify HiveWatch of any unauthorized use or loss / theft of its system or SIM card. Furthermore, the customer is obliged to punctually pay the subscription fees according to point 6.
The current and binding subscription prices are published on the Internet at www.HiveWatch.ch. Changes in prices and discounts for HiveWatch services will be communicated to the customer in good time and will be adjusted after expiration of the existing subscription. Should the customer be significantly disadvantaged by such a change, he is entitled to terminate the contract by the entry into force of the new subscription price. This termination right expires with the entry into force of the new prices or discounts. Changing tax or other applicable rates will entitle HiveWatch to adjust its rates without notice. The customer has no right of termination in this case.
The contract usually begins with the acceptance of the written order for a service by HiveWatch. In the case of an order via the Internet, the contract begins when the customer receives from HiveWatch the corresponding contract confirmation in writing or via e-mail. In any case, the contract begins when the service is used by the customer. HiveWatch reserves the right to make the conclusion of the contract dependent on the performance of a security. The contract is valid for an unlimited period. The customer has the opportunity to choose different subscriptions to benefit from better terms. The subscription can be terminated in writing or by e-mail by the customer 3 months before the end of the term. If no notice is given, the definite duration of a contract will be tacitly renewed for one (1) year at the currently valid subscription price. Termination must be made in good time and in writing to abo@HiveWatch.ch or FPGA Company GmbH, Guldistudstrasse 29, 8632 Tann.
The customer undertakes to pay the invoiced amount within 30 days but at the latest by the due date stated on the invoice form. Within the payment period, the customer may raise objections to the invoice in writing. Thereafter, the bill is accepted as unconditional. If the customer does not fulfill his obligation to pay within the payment period, he will be in default of payment at the end of this period without further reminder and will have to pay default interest of 5%. HiveWatch is entitled to charge at least CHF 15.- per reminder. Further fees reserved. If payment is not made by the end of the payment period, HiveWatch is entitled to block or discontinue all services to the customer without further notice. The usage-independent fees, such as the full basic charges, are also due in case of blocked or discontinued services. HiveWatch may at any time demand collateral from its customers in case of justified doubts about the compliance with the contractual terms of payment.
HiveWatch undertakes to handle customer data carefully and to comply with data protection regulations. HiveWatch uses personal data for the contractual and lawful processing and fulfillment of the offered services, for the maintenance of the customer relationship as well as for the development, organization and demand-oriented submission of service offers. For marketing purposes, the data will be used for a maximum of 24 months after its creation. The customer may prohibit the processing of his data for marketing purposes at any time in writing. This can be done by e-mail to abo@HiveWatch.ch. It should be noted that the storage, processing and transfer of personal data abroad may be subject to laws other than those applicable in Switzerland. When processing personal data necessary for the conclusion or execution of a contract, HiveWatch may exchange data with, or transfer data to, authorities or companies entrusted with debt collection or credit reporting when exchanging or handing over to verify the creditworthiness or to assert claims.
The measurement and weight data are property of Hivewatch and are provided to the customer for private use. Commercial use of the data is only possible after prior written approval by HiveWatch. Hivewatch reserves the right to pass data anonymously and for research purposes only to third parties.
The customer is obliged to comply with these terms and conditions, the other terms of contract and the statutory provisions when using the services of HiveWatch. In particular, the services may not be abused to fulfill criminal obligations.
HiveWatch expressly reserves the right to adapt the present General Terms and Conditions (GTC) at any time to the circumstances or to change and apply them immediately. The latest version of the terms and conditions for online services and products can be viewed at www.hivewatch.ch.
Collateral agreements and supplements to this contract, in particular this clause, must be in writing in order to be valid. Customer may transfer rights and obligations under this Agreement to third parties only after written notice to HiveWatch. HiveWatch can transfer the contract without any consent of the customer.
Substantive Swiss law applies to this contractual relationship, excluding the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on April 11, 1980). The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement is - subject to deviating mandatory jurisdiction of the Federal Law - Zurich.