Terms and Conditions of peoplefone AG/Ltd.
1.1 These Terms and Conditions (T&C) are valid for all contracts between peoplefone AG/Ltd (after "PEOPLEFONE") and the contract partners (after "customer" or "customers") for the Internet Telephony Services addressed to private clients or SME.
2. Performance of PEOPLEFONE
2.1. PEOPLEFONE shall provide the customer to phone over internet. Therefore PEOPLEFONE has set up the web site www.peoplefone.eu and the required technical equipment for its services.
2.2. The scope, content and pricing of the services of PEOPLEFONE can be view at any time at the web site under www.peoplefone.eu. PEOPLEFONE reserves the right to amend the scope, content and the prices of the services at any time.
2.3. PEOPLEFONE shall provide its services carefully. Therefore PEOPLEFONE uses modern telecom technology. PEOPLEFONE shall repair faults, which are within its control, within a reasonable time.
2.4. PEOPLEFONE depends by part of its services on the performance of third parties (for example ADSL or WiFi-access). PEOPLEFONE shall arrange that the quality of third parties is sufficient and faults be repaired in reasonable time. PEOPLEFONE is not responsible for faults from third parties, like functional disruptions and interruptions. Any liability of PEOPLEFONE for direct or indirect loss or damage in this respect is excluded.
2.5. PEOPLEFONE shall provide the maintenance of its services. It will accept fault reports on its hotline. It shall repair faults, which are within its control, within a reasonable time and using all reasonable means at its disposal during business hours. If a fault is repaired, the cause of which lies outside PEOPLEFONE, the cost incurred may be charged to the customer.
2.6. PEOPLEFONE is entitled to call in third parties at any time to fulfil its contractual obligations.
WARNING: Emergency calls
The telephony over internet with PEOPLEFONE is offered as a supplement to the fix line or mobile telephone. PEOPLEFONE cannot be used for emergency calling!
PEOPLEFONE does not pass data on to third. The user data will under no circumstances be given out for foreign commercial. PEOPLEFONE is however obligated to cooperate, if it is requested for legal reasons to make customer information available.
3. Performance and duties of the customer
3.1. The customer shall be responsible for the lawful (especially also the Internet laws) and contractually agreed use of the PEOPLEFONE services and for the prompt payment of this use.
3.2. The customer shall be responsible for the use of the services, including any use by unauthorised third parties. He must pay all charges appearing for the use in advance.
3.3. The customer must pay all charges for the assigned services received from PEOPLEFONE, independently if it has been used by an authorised or unauthorised third party.
3.4. The customer undertakes the cost risk for all the used services. The customer is responsible to take the measures necessary to prevent access and refrains from all activities, which could endanger system and network security.
3.5. The customer takes the measures to prevent unauthorised interventions into other people's systems and the spread of computer viruses. If the customer's domestic system or subscriber equipment causes faults in, or damage to, PEOPLEFONE shall be entitled to discontinue its service without prior notice. PEOPLEFONE can claim for compensation and damages.
3.6. The customer undertakes not to carry out any actions, or to refrain from any such actions, which could in the opinion of PEOPLEFONE infringe legal or contractual provisions or the rights of third parties. The customer is obliged not to use the services of PEOPLEFONE to spread unethical or illegal information nor to violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) nor to be defamatory, trade libellous, unlawfully threatening or unlawfully harassing, nor to be obscene or contain child pornography nor to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. PEOPLEFONE is entitled to delete all material and data related to the mentioned above as well as to take all possible measurements to prevent such actions.
3.7. PEOPLEFONE assumes no responsibility or liability for actions or omissions of the customer or third parties. The Customer indemnifies PEOPLEFONE against any and all claims of third parties.
4. Duration and Termination of Agreements
4.1. The agreement comes into force as soon as PEOPLEFONE has accepted the application of the Customer, and in any event with use of the services by the customer.
4.2. PEOPLEFONE confirms the registration via e-mail.
4.3. PEOPLEFONE may reject the registration of the customer.
4.4. The customer is responsible for the complete and correct content of the personal data and other contractual elements, that he has transmitted for the contract.
4.5. Unless stated otherwise in the contractual documents, the agreements are of indefinite duration. Unless both parties did not state otherwise, an agreement can be terminated by either party at anytime by just sending an e-mail.
4.6. The customer has no right to receive back the fees paid in advance, even if he no longer uses the services.
4.7. PEOPLEFONE is entitled to terminate part of its services in the event that third parties do not fulfil or terminate their contract of providing that specific service without PEOPLEFONE's fault.
4.8. PEOPLEFONE is entitled to block the content or connection of a customer without the prior consent of the customer in the event that there are relevant risks for disturbance on the PEOPLEFONE network.
4.9. PEOPLEFONE reserves the right at any time, at its own discretion, to block the connection of the customer, without giving advance notice, in the event that the customer carries out or omits actions which in the view of PEOPLEFONE could lead to liability or which contravene this agreement or applicable law. Here included are the use of PEOPLEFONE services for illegal purposes or with intent to fraud or to manipulate technical equipment.
5. Amendments to the contract
5.1. PEOPLEFONE reserves the right to vary its services, prices, special conditions, the present General Terms and Conditions and all other contractual documents at any time. PEOPLEFONE shall notify customers of any changes in a suitable manner.
5.2. Where a minimum duration has been agreed upon in the contract, customers will have the right to terminate the contract prematurely with no financial consequences on the date on which the new conditions become effective. If the contract has not been terminated, the new conditions are deemed to have been accepted by the customers.
5.3. Where rates of value-added-tax and duties are varied, PEOPLEFONE will be entitled to adjust its tarifs accordingly. In this case, customers will not be entitled to terminate the contract prematurely.
6. Methods and terms of payment
6.1. The prices to be paid by the customer are based on the current price list under the web site www.peoplefone.eu. The price lists can be amended by PEOPLEFONE at any time.
6.2. The customer is obliged to pay in advance the current prices in accordance with the agreed payment schedule and with credit card.
7.1. PEOPLEFONE is responsible to the customer for due care in the provision of its services. It cannot guarantee the absence of functional disruptions and interruptions, uninterrupted availability of the services at all times, or specific transmission times or transmission capacities. PEOPLEFONE reserves the right to carry out maintenance work at any time which may result in interruption of the services.
7.2. In the event of breach of contract, PEOPLEFONE shall be liable for proven damage, unless PEOPLEFONE can prove that it was not at fault. A liability for damages caused by slight negligence is out of question.
7.3. PEOPLEFONE shall under no circumstances be liable for consequential loss, lost profit and loss of data, due to a temporarily interruption of its services. PEOPLEFONE shall neither accept damage caused by any use of its services which is illegal or in a breach of contract.
7.4. PEOPLEFONE shall not be liable if the provision of its services is temporarily interrupted, restricted in whole or in part or is impossible as a result of force majeure. Force majeure shall be deemed to include natural events of special intensity (avalanches, floods, etc), hostilities, terrorism, strikes, unforeseen government restrictions, power failure, virus attack, etc.
7.5. PEOPLEFONE gives no undertaking, accepts no liability and does not warrant that information made accessible over the internet will be accurate, complete, up to date, legal and proper, available or provided on time. PEOPLEFONE will not refund any fees and accepts no liability for damage resulting from downloads.
7.6. PEOPLEFONE shall not be liable for damages caused by unauthorised interventions of the customer in the telecommunications-network of PEOPLEFONE, the technical equipment or network infrastructure of the customer. PEOPLEFONE shall also not be liable for damages that have been caused through the wrong installation, use or operation of the equipment nor through not following the instructions marked in the web site, the user manual or in other product information by the customer or from him authorised third parties.
7.7. PEOPLEFONE shall not be liable if the provision of its services is temporarily interrupted, restricted in whole or in part or is impossible and if the cause of it lies outside PEOPLEFONE. The customer indemnifies PEOPLEFONE against any and all claims of third parties until the problem is solved.
7.8. PEOPLEFONE shall not be liable for damages of the customer that are caused through hacking and spamming. Should the hacking-attack come from a customer, PEOPLEFONE may terminate its contract without notice. PEOPLEFONE reserves the right to institute legal steps and to claim for appropriate compensation.
8. Applicable law and place of jurisdiction
The contract is governed by the laws of Switzerland. The place of jurisdiction is Zurich. Mandatory places of jurisdiction remain reserved. PEOPLEFONE is, however, entitled at its own option to initiate legal proceedings at the domicile or the registered offices of the customer.