Status: January 23, 2025

Preamble

These General Terms and Conditions (hereinafter the "GTC") govern the rights and obligations of the Swiss Netstream AG and Netstream Cloud AG (hereinafter "Netstream") and their customers (hereinafter uniformly referred to as the "Customers" and collectively as the "Parties"), unless and insofar as expressly agreed otherwise. The validity of any Customer GTC is expressly excluded.

Netstream 's privacy policy provides information about the processing of personal data and the rights of persons about whom data is processed.

1. object and components of the contract

The subject of these GTC is the provision of various services by Netstream for customers (hereinafter collectively referred to as the "Services"):

The individual services to be provided in each case are agreed individually with individual customers in a service contract.

Contractual components are in particular the respective service contract as well as these GTC. The service contract takes precedence over the provisions of these GTC.

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.

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.

In the case of individually negotiated contracts, the delivery of the respective service contract to individual customers is considered an offer. Other documents submitted in the course of contract negotiations, such as offers or documentation, are not legally considered offers and are not binding unless Netstream has confirmed this in writing. The contract is concluded with the signing of a service contract or the booking via Netstream 's online store by both parties. The delivery of the signed service contract in digital form (for example as a PDF with scanned signatures) by e-mail is also considered a signature. Unless otherwise stated in the delivered service contract, Netstream remains bound to an offer 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 the "Status" website at
"statusnetstream.ch". The customer can make settings on this website so that he is notified in the event of service disruptions.

3.2 Obligations of the customers

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.

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 and service disruptions

4.1 Scope of services and support

The scope of services is determined by the respective service agreement. If agreed, the service contract also includes the service level agreement (SLA) and the costs of the services.

Unless otherwise agreed in the Service Agreement, the Services included the following support services:

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

Business hours are the weekdays from Monday to Friday from 09:00-17:00, with the exception of federal, cantonal and communal holidays at Netstream's headquarters.

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

4.2 Performance disruptions

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.

5. availability and maintenance

5.1 Availability

The availability is based on the SLA. Unless otherwise agreed in the SLA, availability shall be 99.9% per calendar year less the periods required for maintenance work.

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 work is generally carried out between 1.00 am and 5.00 am. If customers are affected by the maintenance work, Netstream will inform them about the restrictions on the "Status" website at "statusnetstream.ch", if possible 7 days in advance.

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.

7. intellectual property rights

All intellectual property rights and other rights to the infrastructure and any software required for the provision of services remain with Netstream, regardless of protectability. Customers do not acquire any rights to the software contained therein.

8. data

Insofar as Netstream AG acts as a processor for the customer, Netstream 's order processing contract forms part of these GTC.

Customers retain control over their data. Customers are responsible for securing their own data. Netstream is only entitled to use customer data within the framework of legal and regulatory obligations and for the provision of services as well as for the improvement of such services, in particular in aggregated or anonymized form. For the processing of data by Netstream on behalf of customers, the order processing contract of Netstream applies.

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.

Customers can use a service called Object Lock in Object StorageCloud Online Storage)netstream.ch/objectlock/). This basically means that data cannot be deleted. Depending on the security level, only the admin of a company can delete data. At the highest security level, however, even Netstream as a provider cannot delete any data. Accordingly, a customer is obliged to pay for the data backup even after any termination until the object lock is removed from the system. If the customer instructs Netstream to delete data or systems, Netstream is entitled to charge the costs incurred in accordance with the current price list.

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.

Likewise, Netstream cannot assume any warranty for restrictions or impairments caused by the customer. For example, in the event of non-use of the hardware and software configuration recommended by Netstream , incorrect operation, unauthorized interventions in the infrastructure or non-fulfillment of the 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 medium fault is excluded. Liability for auxiliary persons is also excluded, with the exception of liability for services provided by third parties in accordance with Section 7.

In all cases, liability is limited to the amount paid by an affected customer for the services in the month prior to the damage event. Liability for all other damages, in particular direct or indirect damages as well as for consequential damages is excluded.

Liability is also excluded in the following cases:

• - Damage outside the responsibility or sphere of influence of Netstreams (for example, technical circumstances beyond Netstream 's control, force majeure and the like)
• - Non-compliance with availability figures
• - Non-compliance with response times according to SLA
• - Data loss
• - Acts of third parties
• - Damage caused by access by unauthorized third parties made possible by the actions or omissions of customers
• Actions of customers
• - Damage that could have been avoided by the customer's duty to minimize damage
• - Unavailability due to maintenance work

10. remuneration and terms of payment

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.

Pay-as-you-go: The service is billed monthly on the basis of actual usage. Billing takes place at the beginning of the following month on the basis of the measured usage volume.

Bundles: When booking bundles, the total amount of the contract term is paid in advance in order to receive the corresponding discount. If the contract is not terminated before the agreed notice period expires, the bundle is automatically extended for a further 12 months.

Object Storage: For the Object Storage service, the pay-as-you-go model has a minimum billable storage volume of 1024 GB. Regardless of actual usage, at least this amount of storage is always billed.

For services billed annually, services added during the term, such as additional licenses, are billed pro rata. This ensures that the term of the additional services is harmonized with the existing contract term.

Netstream is entitled to adjust the price lists unilaterally at any time. Customers who do not agree with an adjustment of the price lists are entitled to terminate the service contract with effect from the date of the price adjustment.

Invoices must be paid by customers within 30 days of the invoice date. After expiry of this payment period, the customer is automatically in default without further notice and in particular without a reminder. After expiry of the payment period, default interest of 5.0% per annum is owed. In accordance with Section 11, Netstream may then block the services and terminate the contract.costs in the event of late payment: After at least 2 written reminders, the case will be forwarded to a debt collection agency, which will charge a processing fee in accordance with www.fairpay.ch.

11. blocking

Netstream may block services in whole or in part without prior notice or restrict them to certain services if i) there is an extraordinary reason for termination in accordance with Section 12, ii) the blocking is in the presumed interest of the customer, e.g. in the event of misuse by third parties, and iii) in the event of justified doubts as to compliance with payment obligations until a deposit is made in accordance with Section 7. The customer will be informed of the blocking by appropriate means. The block may be maintained until the reason for the block no longer applies. If the customer is responsible for the reason for the blocking, the customer's obligation to pay for the service during a block remains unaffected and the customer may be charged a processing fee for the blocking and unblocking.

12. exclusion of offsetting 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.

13 Contract term and termination

13.1 General

Unless otherwise agreed in the respective service contract, service contracts are concluded for an indefinite period and may be terminated with 30 days' notice at the end of a month. Minimum terms agreed in the individual service contract remain reserved.

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

13.2 Extraordinary termination

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. final provisions

14.1 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.

14.2 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.

14.3 Place of jurisdiction and applicable 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.