Scope of Application

NetherTek Switzerland LLC provides technical services under the following General Terms and Conditions (GTC), through which their use constitutes acceptance of the GTC.

Contractual Object

NetherTek Switzerland LLC provides telephone services for natural and juristic persons. The services are made available under the brand «NetherTek ECR». The following General Terms and Conditions (GTC) apply to the provision of telecommunication services between the company NetherTek Switzerland LLC (hereafter referred to as “NetherTek”) and the contractual partner (hereafter referred to as “customer”).

NetherTek grants the customer a non-transferable right to use the products and services made available by NetherTek according to the terms outlined in these GTC and other contractual agreements.

The use of the systems, programs and services are exclusively permitted within the scope of their intended use. NetherTek always remains the owner of all copyrights. If the customer infringes the licensing rights of third parties and NetherTek is held liable for the violation, the customer must ensure that NetherTek is absolved of any penalty and that NetherTek is fully indemnified.

Commencement, Duration and Termination of the Contract

The service contract is concluded by activation through NetherTek; the customer registration for the services on the homepage www.nethertek.net; or through the activation of the ECR Mobile App and upon acceptance by NetherTek. Customers who applied through the homepage will receive a confirmation by email. Applications may be refused without providing any reasons.

The service contract is concluded for an indefinite period. Either contractual party may terminate the service contract without observing any notice period. The customer must submit a request to NetherTek in writing or electronically for the deactivation of services.

In the case of delayed payment, NetherTek reserves the right to immediately suspend the customer and all associated services and to demand payment of the overdue amount by taking legal action.

Unused NetherTek ECR accounts will be deactivated after 90 days for security reasons. A request for reactivation must be made in writing. The last telephone call made via the NetherTek ECR account is the determining factor for calculating this period. NetherTek may freely decide whether or not to reactivate the account.

In the event that the contract will be terminated, any call credits will not be reimbursed to the customer and must be used up prior to termination. Before a NetherTek ECR account is closed, the customer may request the transfer of remaining call credits to another NetherTek ECR account.

NetherTek reserves the right to immediately interrupt or suspend services in the case of abuse or unlawful acts on the part of the customer.

Services

NetherTek provides telephone services within the scope of the resources at its disposal. NetherTek does not assume any liability for any damage and consequential damage caused by the interruption to telecommunication connections, speech quality problems, force majeure, official action, changes to services of suppliers or other circumstances, and in general by any unforeseen circumstances.

Services are available for customer use 24 hours a day, 7 days a week, subject to technical disruptions of any kind which impact the services.

Customer Liability

The customer is liable for the installation of his own software and hardware. The customer is liable for all direct or indirect damage as well as for improper use which arises as a result of these actions.

The services used are based on Voice-over-IP technology, which cannot be used without electrical power or without internet connectivity. NetherTek does not accept any liability for the use of the services, and, in particular, for the use of installations that are relevant to emergency services.

The customer is liable under all circumstances for the use of his/her accounts and passwords, as well as for the access to the provided services, even by a third party.

Customer Obligations

The customer commits to provide NetherTek with his/her current information, such as name and correct address and to notify NetherTek at any time of any changes to this information. The customer is entitled to use the services of NetherTek exclusively within the scope of Swiss law and the recognized internet standards.

The customer commits to refrain from sending, offering or facilitating, collaborating in or otherwise promoting unauthorized content, in particular unwanted advertising or other services in breach of legal provisions. Furthermore, connections may not be established to create a permanent line between two locations.

Independent of the initiation of official proceedings, NetherTek can urge a customer to immediately remove disruptive communication terminal equipment or communication terminal equipment from service which does not correspond to legislation, particularly legislation pertaining to communication. If the customer does not comply with this request and if other users of the network or service are impacted or if a threat is posed to the safety of persons, NetherTek may immediately disconnect the service.

In the case of violations of this agreement or these regulations, NetherTek may suspend the customer and all related services without notice.

Fees and Payment Conditions

All rates and service prices are declared exclusive of VAT.

The customer bears any bank, transfer and payment fees.

The current rates for voice services can be accessed at any time via the personalized NetherTek ECR Portal. Rate adjustments for charges are announced via electronic message. ECR Mobile App users receive no rate adjustment information. The current ECR Mobile rates can be accessed in the ECR Mobile App.

Accounts which do not or insufficiently fulfil the required turnover of the allocated rates group can be reallocated to the next most suitable rates group without notice.

In the case of prepaid accounts, the customer is required to have sufficient available credit in the respective ECR account prior to consuming any fee-based services.

In the case of postpaid accounts, the customer commits to settle the requested amount within the period specified on the invoice. If the customer fails to pay the requested amount within this period without notifying NetherTek, NetherTek may convert the account to a prepaid account or conditionally block the account without notifying the customer. NetherTek is indemnified by notifying customers of conversion to a prepaid account.

Final Provisions

These general terms and conditions govern the rights and obligations between NetherTek and the customer. The current GTC are available on the NetherTek homepage.

NetherTek commits to treat all personal data as confidential. NetherTek refers to its privacy policy for a comprehensive description of the handling of data. By using the services, the customer accepts this privacy policy, and must take steps to remain informed of possible updates to this privacy policy.

The content of all communication (of any kind, including emails, letters, oral communication, etc.) between NetherTek and its customers may not be published either in full or in part, unless NetherTek grants written approval.

If a provision of this contract made with the customer becomes invalid or legally ineffective, the remaining provisions remain valid. In this case, the invalid or legally ineffective provisions is to be replaced by an effective provision which corresponds as closely as is legally possible to the economic effect of the ineffective provision.

This contract and its integral contractual components are subject to the Swiss Code of Obligations. The court with exclusive jurisdiction for all legal disputes arising from this contract is CH-5400 Baden, subject to the imperative courts of jurisdiction stipulated by Federal Law. NetherTek is entitled to take legal action against the customer at his/her registered office or residence.