As of August 18, 2026

Preamble

These General Terms and Conditions (hereinafter the“GTC”) govern the rights and obligations of the Swiss companiesNetstream AG and Netstream Cloud AG (hereinafter “Netstream”) as well as their customers (hereinafter collectively referred to as the“Customers”and jointly as the “Parties”), unless and to the extent that expressly different agreements are made. The applicability of any customer terms and conditions is expressly excluded.

The privacy policy at Netstream provides information about the processing of personal data and the rights of individuals whose data is processed.

1. object and components of the contract

The subject matter of these Terms and Conditions is the provision of various services by Netstream to customers (hereinafter collectively referred to as the “Services”).

The specific services to be provided in each case are agreed upon individually with the customer—for standard services, generally through a purchase order or a confirmed quotation; in other cases, through a service agreement. The respective agreement, together with these General Terms and Conditions, constitutes the contract.

The components of the contract include, in particular, the respective service agreement or purchase order or confirmed quote, these General Terms and Conditions, the technical and organizational measures (TOM), the list of subcontractors, and—where applicable—the data processing agreement from Netstream. The individual agreement (service agreement, purchase order, or confirmed quote) takes precedence over the provisions of these General Terms and Conditions. In the event of any conflicts, the provisions of these General Terms and Conditions shall take precedence over the data processing agreement; this is without prejudice to provisions of these General Terms and Conditions that expressly refer to the data processing agreement.

These GTC apply to all services provided by Netstream AG and Netstream Cloud AG. The specific contractual partner is defined in the respective contract, offer or order confirmation.

Netstream is entitled to amend these Terms and Conditions. Customers will be notified of any changes in an appropriate manner (for example, by email or via the website at Netstream). If a change results in a material disadvantage to the customer, the customer may object to it within 30 days of receiving notice. Following an objection, Netstream will endeavor to find an amicable solution. If no amicable solution can be reached, the previous version of the Terms and Conditions will continue to apply to the affected customer; Netstream reserves the right to terminate the relevant service agreement in accordance with the standard notice period.

If no objection is raised or if the amendment does not result in any material disadvantage, the amended version shall be deemed accepted as of its effective date.

2. offer and conclusion of contract

Standard packages with the respective scope of services listed can be ordered and purchased via Netstream 's online store. The standard packages offered online are considered offers. The service contract is concluded with the order and acceptance of these GTC.

For individually negotiated contracts, the delivery of the respective service contract to individual customers constitutes an offer. Other documents provided during the course of contract negotiations, such as quotes or documentation, are not legally considered offers and are not binding unless Netstream has confirmed this in writing. Regardless of the sales channel, the contract is concluded upon acceptance of these General Terms and Conditions, namely through a direct order via the online store at Netstream, through an order via email, or through the signing or confirmation of an offer. Both a handwritten (physical) signature and an electronic or digital signature are permitted for signing contracts. The delivery of the signed service contract in digital form (for example, as a PDF with a scanned signature or via electronic signature) by email is also considered a signature. Unless otherwise specified in the delivered service contract, Netstream remains bound by a quote for 30 days.

3 Obligations of the contracting parties

3.1 Obligations of Netstream

Netstream provides the services within the individually agreed framework and with due care.

Netstream provides information about any service disruptions on its “Status” webpage at “status.netstream.ch.” Customers can configure settings on this webpage to receive notifications in the event of service disruptions.

3.2 Customer Obligations

Customers are responsible for the provision and maintenance of the end devices required for the use of the services as well as for the data line for access to the services (e.g. hardware and operating system, network devices, rental or Internet connections, etc.). Customers ensure that the configuration and technical status comply with any specifications of Netstream .

Customers are obligated to protect their infrastructure from access by unauthorized third parties and to keep it up to date with the latest technology.

Customers are required to keep their contact information and addresses up to date at all times. Notices sent by Netstream to the most recently provided contact information are deemed to have been delivered.

Customers are required to comply with the applicable guidelines, instructions, and terms of use of Netstream . These documents, in their most current versions, constitute a binding part of these Terms and Conditions. Netstream reserves the right to amend such guidelines; the version published at the time of use shall prevail.

Customers agree, in particular, to comply with the Acceptable Use Policy (AUP) of Netstream in its currently effective version. A violation of the AUP is considered a serious breach of the obligations to cooperate and entitles Netstream to take the measures set forth below.

If a customer makes the services available, in whole or in part, to its own end customers (e.g., as a partner or managed service provider), it is obligated to impose the applicable Terms of Use and the Acceptable Use Policy (AUP) on those end customers in a manner that is at least equivalent, and remains responsible to Netstream for their compliance.

Netstream provides support exclusively to its direct contractual partner; direct handling of support or other inquiries from the client’s end customers is prohibited.

In the event of serious violations of the customers' obligations to cooperate or in the event of unlawful use of the services by the customers as well as in the event of a justified suspicion to this effect, Netstream is entitled to temporarily or permanently block the customers' access to the services. A serious violation exists in particular if the violation has or may have an impact on Netstream 's infrastructure. An illegal use is, for example, the storage of content that is suspected or actually punishable or violates the rights of third parties.

4. Scope of Services, Support, and Service Disruptions

4.1 Scope of Services

The scope of services is determined by the respective product description at Netstream as well as any applicable service agreement. Netstream is entitled to modify the scope of services and the product descriptions, provided that the essential functions of the service are not significantly impaired as a result; the version published at the time of use shall prevail. Any service agreement, if agreed upon, also includes the Service Level Agreement (SLA) as well as the costs of the services.

4.2 Support

Unless otherwise agreed in the service contract, the services include the following support services:

• Helpdesk during business hours
• Receiving and checking error messages during business hours
• Error and fault elimination according to SLA

Business hours are Monday through Friday from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., with the exception of Swiss National Day and cantonal and municipal holidays at the headquarters of Netstream.

Additional support services will be invoiced separately and at an hourly rate. The applicable hourly rates can be found in the applicable price list.

Depending on the help desk package selected, the customer is allocated a corresponding monthly support quota. This quota covers services such as technical support, configuration adjustments, user support, or general operational support within the scope of the agreed-upon services. Unused support hours expire at the end of each month. Services exceeding the quota will be billed on a time-and-materials basis in accordance with Section 10.

4.3 Performance Issues

Customers are obliged to report functional failures, impairments or malfunctions to Netstream immediately and as accurately as possible. Netstream provides a ticket system around the clock for such reports.

4.4 Testing and Proof of Concept

Netstream Netstream may provide services for a fixed, predetermined period for testing, evaluation, or proof-of-concept purposes (hereinafter “Test”), generally free of charge or on reduced terms. There is no entitlement to a Test or to repeated or multiple Tests; grants Tests at its sole discretion and may attach conditions to them.

During a trial, services are provided “as is.” Any support and service levels are provided only on a “best-effort” basis; there is no entitlement to specific availability, response times, or service levels. Warranties and liability for trial services are excluded to the extent permitted by law. Netstream may restrict, suspend, or terminate a trial at any time and without prior notice. The trial ends automatically upon expiration of the trial period; an automatic transition to a paid contractual relationship occurs only if expressly agreed upon. After the trial expires, the data may be deleted; the customer is solely responsible for backing up their data in a timely manner.

5. availability and maintenance

5.1 Availability

Availability is governed by the SLA. Unless otherwise specified in the SLA, the availability of the IT and Cloud services provided by Netstream is 99.9% per calendar year, excluding periods required for maintenance work. Availability is calculated as the ratio of the actual available time to the total time in the calendar year; the measurement period is the calendar year.

The availability figures do not include the non-availability of services due to maintenance work, incorrect configuration by customers, failures caused by customers or failures that are not the responsibility or within the control of Netstream , in particular force majeure.

5.2 Maintenance Work

Scheduled maintenance work generally takes place once a month. Scheduled maintenance work that affects customers' access to the Cloud and their data generally takes place once a year.

Scheduled maintenance is generally performed between 1:00 a.m. and 5:00 a.m. If customers are affected by the maintenance, Netstream will, whenever possible, provide advance notice of the service interruptions 7 days in advance on the “Status” webpage at “status.netstream.ch.”

In the event of unscheduled maintenance work, customers will also be informed on the "Status" website at "statusnetstream.ch". In the event of short-term or emergency maintenance work, time windows are selected wherever possible that have the least possible impact on customers.

6. services from third parties

Netstream is entitled to engage third parties for the provision of services. Netstream is liable for acts or omissions of subcontractors as for its own acts or omissions.

The Data Processing Agreement applies to the engagement of third parties that process personal data on our behalf.

7. intellectual property rights

All intellectual property rights and other rights in the infrastructure, as well as in any software necessary for the provision of services, remain with Netstream, regardless of whether such rights are protectable. Customers do not acquire any rights to the software included therein.

8. data

To the extent that Netstream acts as a data processor on behalf of its customers, the data processing agreement available at Netstream forms an integral part of these Terms and Conditions.

Customers retain control over their data. Customers are solely responsible for backing up their data. Netstream is authorized to use customer data exclusively in accordance with legal and regulatory obligations, as well as for the provision of services and the improvement of such services, particularly in aggregated or anonymized form. Furthermore, the data processing agreement available at Netstream applies to the processing of data by Netstream on behalf of customers, as well as to the processing of usage data.

Customers shall ensure the data protection of persons about whom they process data. This includes, in particular, informing such persons and obtaining any necessary consents for the processing of data.

Upon termination of the service agreement, Netstream will delete customer data within 30 days of the end of the agreement, provided that no technical restrictions set by the customer (in particular, Object Lock) prevent this. Customers are responsible for backing up or exporting their data during the term of the contract—that is, before the service contract ends—and for lifting any Object Lock in a timely manner so that the deletion can take place. If data continues to be stored beyond the end of the contract or beyond the notice period, Netstream is entitled to charge the corresponding storage and deletion costs in accordance with the current price list. The customer may request confirmation that the deletion has been completed. A request for early deletion of the data does not terminate the service agreement and, in particular, does not release the customer from an agreed minimum contract term or the fees owed for that term. The customer is free to continue using the services for the remainder of the contract term. To the extent that Netstream acts as a data processor, the return and deletion of the data are governed by the data processing agreement.

9 Warranty and liability

9.1 Warranty

Netstream guarantees the careful provision of services. However, customers are advised that restrictions or impairments cannot be ruled out. The availability figures contained in these GTC or in service contracts (see section 5.1) are approximate values.

In the event of restrictions or impairments as well as other defects reported to Netstream by customers, Netstream will take the necessary measures to remedy the defect within the response times defined in the SLA. However, compliance with the response times cannot be guaranteed.

Netstream assumes no liability for restrictions and impairments that are not the responsibility or within the sphere of influence of Netstream . This includes, in particular, actions by third parties, Internet outages and force majeure.

Netstream also cannot assume any liability for limitations or disruptions caused by the customer. This includes, for example, failure to use the hardware and software configuration recommended by Netstream , improper operation, unauthorized interference with the infrastructure, or failure to fulfill the customer’s obligations to cooperate.

9.2 Liability

Netstream is only liable for direct damage to property or financial losses arising from the fulfillment of service contracts, provided that the damage was caused by gross negligence or intent.

Liability for slight and moderate negligence is excluded. Liability for agents is also excluded, with the exception of liability for services provided by third parties as set forth in Section 6.

In all cases, liability is limited to the amount that the affected customer paid for the services in the month prior to the occurrence of the damage. Liability for all other damages, in particular indirect or consequential damages, as well as damages resulting from defects, is excluded.

Liability is also excluded in the following cases:

• Damages beyond Netstreams’ responsibility or control (such as technical circumstances beyond Netstream ’s control, force majeure, and the like)
• Non-compliance with availability key figures
• Non-compliance with response times according to SLA
• Data loss
• Third party actions
• Damage due to access by unauthorized third parties, which is made possible by actions or omissions of the customers
• Actions of customers
• Damage that could have been avoided through the customer's duty to mitigate damage
• Unavailability due to maintenance

10. remuneration and terms of payment

10.1 Compensation

The remuneration to be paid by individual customers is based on the agreements in the respective service contract or on Netstream's current price lists, if the service contract refers to these.

If services are provided on a time-and-materials basis (such as service, support, or consulting work), billing is based on 15-minute increments, rounded up to the nearest 15 minutes. Unless otherwise agreed or specified in the price list, the hourly rate is CHF 220.

10.2 Billing Models

Pay-as-you-go model

The service is billed monthly based on actual usage. Billing takes place at the beginning of the following month based on the measured usage volume.

Bundle Model

When purchasing bundles, the total amount for the contract term must be paid in advance to receive the corresponding discount. If the contract is not canceled before the end of the agreed-upon notice period, the bundle is automatically renewed for an additional 12 months.

Object Storage Minimum Usage

For the Object Storage service, the pay-as-you-go model has a minimum billable storage quota of 1,024 GB. Regardless of actual usage, you will always be billed for at least this amount of storage.

Upgrading Services

An upgrade by adding additional services or licenses is generally possible at any time. For services billed annually, the added services are billed on a pro rata basis for the remaining contract term, so that their term aligns with the existing contract term.

For security services, actual usage may temporarily exceed the number of licensed seats (over-provisioning). If the customer does not adjust their usage to match the number of licensed seats within 48 hours, the additional licensed seats will be automatically provisioned and billed according to the current price list.

10.3 Price Adjustment

Netstream is entitled to unilaterally adjust the price lists at any time. Customers will be notified of price changes in an appropriate manner.

Customers who do not agree with an adjustment of the price lists are free to terminate the service contract with extraordinary effect as of the date of the price adjustment.

10.4 Payment and Delay

Customers must pay invoices within 30 days of the invoice date. Upon expiration of this payment period, the customer is automatically in default without further action and, in particular, without a reminder. After the payment period expires, default interest of 5.0% per annum is due. In accordance with Section 11, Netstream may then suspend the services and terminate the contract.

Fees for Late Payments: After at least two written reminders, the case will be referred to a collection agency, which will charge a processing fee in accordance with www.fairpay.ch.

Security Deposit: If there are reasonable doubts regarding a customer’s ability to meet their payment obligations, Netstream is entitled to require the customer to provide an appropriate security deposit. Until the security deposit is provided, Netstream is entitled to suspend the services in accordance with Section 11. The security deposit will be refunded or applied against outstanding balances as soon as the reason for requiring the security deposit no longer applies.

11. blocking

Netstream may suspend services in whole or in part without prior notice, or limit them to certain services, if

(i) there is an extraordinary ground for termination pursuant to Section 13.3,

(ii) the suspension is in the customer’s presumed best interest, e.g., in the event of misuse by a third party, and

iii) in the event of reasonable doubt regarding compliance with payment obligations, until a deposit is made in accordance with Section 10.4. The customer will be notified of the account freeze by appropriate means.

The suspension may remain in effect until the reason for the suspension no longer applies. If the customer is responsible for the reason for the suspension, the customer’s obligation to pay for the service during the suspension remains unaffected, and the customer may be charged a processing fee for both the suspension and the reinstatement.

12. Setoff, Assignment of Claims, and Transfer of Contract

12.1 Setoff and Assignment of Claims

Customers are not entitled to offset any claims of their own against claims of Netstream . Netstream is entitled to offset any claims of its own against claims of customers.

Netstream is entitled to assign its claims against customers to third parties or to commission third parties with collection and enforcement.

12.2 Transfer of the Contract

The customer may transfer the contract or individual rights and obligations arising therefrom to third parties only with the prior written consent of Netstream . Netstream is entitled to transfer the contract or individual rights and obligations arising therefrom to third parties, in particular in connection with a restructuring or the transfer of the relevant business unit. By accepting these Terms and Conditions, the customer consents in advance to such a transfer; no additional consent is required. Netstream will notify the customer of such a transfer in an appropriate manner.

13 Contract term and termination

13.1 General

Unless otherwise specified in the respective service agreement, service agreements are entered into for an indefinite term and may be terminated for cause by providing 30 days’ notice effective at the end of the month. Any minimum terms agreed upon in the individual service agreement remain in effect.

All contracts can be terminated in writing or by e-mail.

13.2 Adjustment of the Scope of Services

A downgrade resulting from a reduction in subscribed services or licenses is not permitted during an agreed minimum term. Upon expiration of the minimum term—or, in the case of services without a minimum term—a downgrade takes effect at the end of the current billing period, provided the applicable notice period is observed. Agreed minimum terms and notice periods under the respective service agreement remain in effect.

13.3 Termination for Cause

In the event of good cause, the contract may be terminated at any time without notice. Good cause shall be deemed to exist in particular if customers are in default of their payment obligations.

If no data is stored by a customer for more than three months, Netstream is entitled to extraordinary termination.

14. Confidentiality

The parties shall treat as confidential all non-public information of the other party received in the course of the contractual relationship—in particular, technical, financial, and business information, as well as terms and conditions and know-how—and shall use such information solely for the purpose of fulfilling the contract. This obligation shall survive the termination of the contract.

Information is not considered confidential if it is publicly known or becomes publicly known without a breach of this obligation, if it was already lawfully known to a party, or if it was lawfully obtained from third parties. This is subject to statutory or regulatory disclosure requirements. The data processing agreement applies to the processing of personal data.

15. Final Provisions

15.1 Severability Clause

Should any provision of these GTC prove to be unenforceable, invalid or ineffective, the enforceability, validity and effectiveness of the remaining provisions shall not be affected thereby.

In this case, the parties undertake to replace the unfulfillable, invalid or ineffective provision with a fulfillable, valid or effective provision that comes closest in terms of content and economy to the original intention of the parties.

15.2 Force Majeure

The parties shall be released from their obligations towards the other party if, as long as and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure such as, for example, war, strike, storm and other natural disasters, epidemics and pandemics as well as other circumstances for which the parties are not responsible. Each party is obliged to notify the other party immediately upon the occurrence of such a case of force majeure.

15.3 Jurisdiction and Governing Law

The contractual relations between the parties shall be governed by Swiss law, excluding the Vienna Sales Convention (CISG) and excluding the conflict of laws rules.

The exclusive place of jurisdiction is at the registered office of Netstream.