As of August 18, 2026

preamble

These General Terms and Conditions (hereinafter referred to as the "AG") govern the rights and obligations of Netstream AG and Netstream Cloud AG (hereinafter referred to as "Netstream") and their customers (hereinafter collectively referred to as the "Customers" and jointly as the "Parties"), unless and to the extent that expressly deviating agreements are made. The application of any customerAGis expressly excluded.

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

1. Subject matter andagcomponents

The subject of this AGB is the provision of various services by Netstream to customers (hereinafter collectively referred to as the "Services").

The specific services to be provided are agreed upon individually with the customer – for standard services, usually by order or a confirmed offer, otherwise by a serviceag. The respective agreement, together with these AG(GTC), constitutes theag.

Theagcomponents include, in particular, the respective serviceag or order or confirmed offer, these General Terms and Conditions ( AG), the technical and organizational measures (TOMs), the list ofag, and – where applicable – Netstream'sagprocessingag . The individual agreement (serviceag or order or confirmed offer) takes precedence over the provisions of these AG. In case of conflict, the provisions of these AGtakeag the order processingag; however, provisions of these AGthat expressly refer to theag processingagremain reserved.

These AG) apply to all services provided by Netstream AG and Netstream Cloud AG . The specificagpartner is defined in the respectiveag, offer, oragconfirmation.

Netstream reserves the right to amend these AG. Changes will be communicated to customers in a suitable manner (e.g., by email or via the Netstreamwebsite). If a change results in a significant disadvantage for the customer, the customer may object to it within 30agof notification. Following an objection, Netstream will endeavor to find an amicable solution. If no amicable solution is reached, the previous version will continue to apply to the affected customer; Netstream retains the right to terminate the affected serviceag with due notice.

If no objection is raised or the amendment does not result in a significant disadvantage, the amended version shall be deemed accepted upon its entry into force.

2. Offer and conclusionagcontract

Standard packages with the listed scope of services can be ordered and purchased via the Netstream online shop. The standard packages offered online are considered offers. The serviceag is concluded upon order placement and acceptance of these AG.

For individually negotiated contracts, the delivery of the respective serviceagto individual customers constitutes an offer. Other documents submitted duringag, such as quotations or documentation, are not legally considered offers and are not binding unless Netstream has provided written confirmation to the contrary. Regardless of the distribution channel, theag is concluded upon acceptance of these AG(GTC), specifically through direct ordering via the Netstreamonline shop, ordering by email, or by signing or confirming an offer. Both handwritten (physical) signatures and electronic or digital signatures are permitted for signing contracts. Delivery of theagservice agreement in digital form (e.g., as a PDF with a scanned signature or by means of an electronic signature) via email also constitutes a signature. Unless otherwise stated in the delivered serviceag Netstream remains bound by an offer for 30ag.

3. Obligations of theagparties

3.1 Netstream 's Obligations

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

Netstream provides information about any service disruptions on its "Status" website at "netstream". Customers can configure their settings on this website to receive notifications of service disruptions.

3.2 Customer obligations

Customers are responsible for providing and maintaining the end devices required to use the services, as well as the data connection for accessing the services (e.g., hardware and operating system, network devices, leased or internet connections, etc.). Customers must ensure that the configuration and technical status comply with any applicable Netstream requirements.

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

Customers are obligated to keep their contact persons and contact addresses up to date at all times. Communications from Netstream to the most recently provided contact information will be considered delivered.

Customers are obligated to comply with Netstream 's applicable guidelines, instructions, and terms of use. These, in their current version, form a binding part of these AGand Conditions. Netstream reserves the right to amend such guidelines; the version published at the time of use shall apply.

Customers are obligated to comply with Netstream 's Acceptable Use Policy (AUP) in its current version. A violation of the AUP is considered a serious breach of the customer's duty to cooperate and entitles Netstream to take the measures outlined below.

If a customer makes the services available to its own end customers in whole or in part (e.g. as a partner oragservice provider), it is obliged to impose the applicable terms of use and the Acceptable Use Policy (AUP) on these end customers in at least an equivalent manner and remains responsible to Netstream for compliance with them.

Netstream provides support exclusively to its directagpartner; direct handling of support or otheragto the customer's end customers is excluded.

In cases of serious breaches of the customer's duty to cooperate, unlawful use of the services by the customer, or in the event of a well-founded suspicion thereof, Netstream is entitled to temporarily or permanently block the customer's access to the services. A serious breach exists in particular if the breach has or could have an impact on Netstream 's infrastructure. Unlawful use includes, for example, the storage of content that is suspected or actual to be criminal or that infringes 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 from Netstream and any applicable serviceag. Netstream is entitled to adjust the scope of services and product descriptions, provided that the essential functions of the service are not significantly impaired; the version published at the time of use is authoritative. Any serviceag , if agreed upon, also includes the Service LevelAg(SLA) and the costs of the services.

4.2 Support

Unlessag agreed in the service contract, the services include the following support services:

• Helpdesk during business hours
• Receiving and checking error messages during business hours
• Troubleshooting and fault correction according to SLA

Business hours areagtoag 09:00–12:00 and 13:00–17:00ag with the exception of theagNational Day, cantonal and municipal holidaysagNetstream's headquarters.

Further support services will be billed separately at an hourly rate. The applicable hourly rates can be found in the current price list.

Depending on the selected helpdesk package, the customer has a corresponding monthly support allowance. This allowance covers services such as technical support, configuration adjustments, user support, and general operational support within the scope of the agreed services. Unused support time expires at the end of each month. Services exceeding the allowance will be billed according to the actual time and materials required, as outlined in section 10.

4.3 Performance Issues

Customers are obligated to report any Netstream malfunctions, disruptions, or disruptions immediately and as precisely as possible. Netstream provides a 24/7 ticketing system for such reports.

4.4 Testing and Proof of Concept

Netstream may provide services for a limited, pre-defined period for testing, evaluation, or proof-of-concept purposes (hereinafter "Test"), generally free of charge or at reduced rates. There is no entitlement to a test or to repeated or multiple tests; Netstream grants tests at its sole discretion and may make them subject to conditions.

During a trial, services are provided "as is." Any support and service levels are provided on a best-effort basis only; there is no guarantee of specific availability, response times, or service levels. Warranty and liability for trial services are excluded to the extent permitted by law. Netstream may restrict, suspend, or terminate a trial at any time without prior notice. The trial ends automatically upon expiration of the trial period; automatic conversion to a paidagonly occurs upon explicit agreement. After the trial ends, data may be deleted; the customer is 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 Netstream 's IT and Cloudservices is 99.9% per calendar year, less any time required for maintenance. Availability is calculated as the ratio of actual available time to the total time of the calendar year; the measurement period is the calendar year.

The availability metrics do not include unavailability of services due to maintenance work, incorrect configuration by customers, outages caused by customers, or outages that are not the responsibility or within the control of Netstream , such as force majeure.

5.2 Maintenance work

Scheduled maintenance typically takes place once a month. Scheduled maintenance that affects customer access to Cloudservices and their data typically takes place once a year.

Scheduled maintenance work is generally carried out between 1:00 a.m. and 5:00 a.m. If customers are affected by maintenance work, Netstream will inform them of the disruptions on the "Status" page at "netstream" at least 7agin advance, if possible.

Customers will also be informed of unscheduled maintenance work on the "Status" website at "netstream". In the case of short-notice or emergency maintenance, time slots will be chosen, whenever possible, that have the least possible impact on customers.

6. Services provided by third parties

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

The dataagagapplies to the involvement of third parties who process personal data on behalf of theag .

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 their protectability. Customers do not acquire any rights to the included software.

8. Data

Insofar as Netstream acts as anagprocessor for the customers, theagprocessingag of Netstream forms part of this AGB.

Customers retain control over their data. Customers are responsible for backing up their own data. Netstream is only authorized to use customer data within the framework of legal and regulatory obligations, for the provision and improvement of services, particularly in agor anonymized form. The processing of data by Netstream on behalf of theag , as well as the processing of usage data, is governed by Netstream'sag processingag.

Customers are responsible for ensuring the privacy of individuals whose data they process. This includes, in particular, informing such individuals and obtaining any necessary consent for data processing.

Upon termination of the serviceagNetstream will delete customer data within 30agof the contract'sag, provided that no technical restrictions (in particular, Object locks) imposed by the customer prevent this. Customers are responsible for backing up or exporting their data during the contractagterm, i.e., before the serviceag's termination, and for removing any Object locks in a timely manner to allow for deletion. If data is stored beyond the contract's commencementagor the notice period, Netstream is entitled to charge the corresponding storage and deletion costs according to the current price list. The customer mayagconfirmation of the deletion. Aag for early data deletion does not terminate the serviceag and, in particular, does not release the customer from any agreed minimumagduration and the associated fees. The customer is free to continue using the services for the remainingagterm. Insofar as Netstream acts as an orderag, the return and deletion of data are governed by theagprocessingag.

9. Warranty and Liability

9.1 Warranty

Netstream guarantees the diligent provision of services. However, customers are advised that limitations or disruptions cannot be ruled out. The availability figures contained in these AGand Conditions or in service agreements (see section 5.1) are indicative values.

In the event of limitations, impairments, or other defects reported to Netstream by customers, Netstream will take the necessary measures to rectify the defects within the response times defined in the SLA. However, adherence to these response times cannot be guaranteed.

Netstream accepts no liability for restrictions and impairments that are not within Netstream control or responsibility. This includes, in particular, actions of third parties, internet outages, and force majeure.

Netstream also cannot accept any liability for limitations or impairments caused by the customer. This includes, for example, failure to use the hardware and software configuration recommended by Netstream , incorrect operation, unauthorized interference with the infrastructure, or failure to fulfill customer obligations.

9.2 Liability

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

Liability for slight and moderate negligence is excluded. Liability for auxiliary persons is also excluded, with the exception of liability for services provided by third parties as per clause 6.

In all cases, liability is limited to theagpaid by the affected customer for the services in the month preceding the incident. Liability for all further damages, in particular indirect or consequential damages, is excluded.

Liability is also excluded in the following cases:

• Damages outside of Netstream's responsibility or sphere of influence (e.g., technical circumstances beyond Netstream control, force majeure, and the like)
• Failure to meet availability metrics
• Failure to meet response times according to the SLA
• Data loss
• Actions of third parties
• Damage caused by unauthorized access by third parties, which is made possible by actions or omissions of the customers
• Customer actions
• Damages that could have been avoided through the customers' duty to mitigate damages
• Unavailable due to maintenance work

10. Remuneration and terms of payment

10.1 Remuneration

The remuneration to be paid by individual customers is governed by the agreements in the respective serviceag or by the current price lists of Netstream, provided that the serviceag refers to these.

If services are provided on a time and materials basis (e.g., service, support, or consulting work), billing is done in 15-minute increments. 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. Invoicing takes place at the beginning of the following monthagon the measured usage volume.

Bundle model

When booking bundles, the total amountag theagterm is paid in advance to receive the corresponding discount. If the bundle is not cancelled before the end of the agreed notice period, it will automatically renew for another 12 months.

Object agMinimum Usage

For the Object agservice, a minimum billable storage amount of 1024 GB applies under the pay-as-you-go model. Regardless of actual usage, at least this amount of storage will always be billed.

Upgrade of services

Upgrading by adding extra services or licenses is generally possible at any time. For services billed annually, the added services are prorated over the remainingagterm, ensuring that their duration is aligned with the existingagterm.

For security services, actual usage may temporarily exceed the number of licenses booked (overprovisioning). If the customer does not adjust their usage to the booked number of licenses within 48 hours, the additional licenses used will be automatically provisioned and billed according to the current price list.

10.3 Price adjustment

Netstream reserves the right to unilaterally adjust its 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 entitled to terminate the service contract extraordinarilyagthe time of the price adjustment.

10.4 Payment and Default

Invoices are payable by customers within 30agof the invoice date. After this payment period, the customer automatically defaults without further notice. A default interest rate of 5.0% per annum is due after the payment deadline has passed. According to section 11, Netstream may then suspend services and terminate theag .

Costs in case 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.

Security Deposit: If there are reasonable doubts about a customer's ability to meet their payment obligations, Netstream is entitled to demand a reasonable security deposit (deposit) from the customer. Until the deposit is paid, Netstream is entitled to suspend services in accordance with Section 11. The deposit will be refunded or offset against outstanding receivables as soon as the reason for the security deposit no longer applies.

11. Closure

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

i) an extraordinary reason for termination exists in accordance with clause 13.3,

ii) the blocking is in the presumed interest of the customer, e.g. in case of misuse by third parties, and

iii) in case of justified doubts as to compliance with payment obligations until a deposit is made in accordance with section 10.4. The customer will be informed of the blocking by appropriate means.

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

12. Offsetting, assignment of receivables andagag

12.1 Offsetting and assignment of receivables

Customers are not entitled to offset any claims they may have against claims from Netstream . Netstream is entitled to offset any claims it may have against claims from customers.

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

12.2agag

The customer may onlyagthisag or individual rights and obligations arising therefrom to third parties with the prior written consent of Netstream . Netstream is entitled toagthisag or individual rights and obligations arising therefrom to third parties, particularly in the context of a restructuring or theagof the relevant business unit. By accepting these AGand Conditions, the customer consents to such aagin advance; no additional consent is required. Netstream will inform the customer of such aagin an appropriate manner.

13.agduration and termination

13.1 General

Unless otherwise agreed in the respective serviceag service agreements are concluded for an indefinite period and may be terminated with 30 daysagnotice to the end of the month. Minimum contract terms agreed in the individual serviceag remain unaffected.

All contracts can be terminated in writing or by email.

13.2 Adjustment of the scope of services

A downgrade by reducing the number of booked services or licenses is not permitted during the agreed minimum contract term. After the minimum contract term has expired, or for services without a minimum contract term, a downgrade will take effect at the end of the current billing period, subject to the applicable notice period. Agreed minimum contract terms and notice periods of the respective serviceagremain unaffected.

13.3 Extraordinary Termination

Theag can be terminated without notice at any time for compelling reasons. A compelling reason exists, in particular, if customers are in default of their payment obligations.

If a customer failsagany data for more than three months, Netstream is entitled to terminate the contract without notice.

14. Confidentiality

The parties shall treat all non-public information of the other party received within the scope of theagrelationship – in particular technical, financial and business information, as well as terms and conditions and know-how – as confidential and use it exclusively for the performance of theag. This obligation shall continue even after the termination of theag.

Information that is publicly known or becomes publicly known without breach of this obligation, that was already lawfully known to a party, or that was lawfully obtained from third parties is not considered confidential. Statutory or regulatory disclosure obligations remain unaffected. The dataagagapplies to the processing of personal data.

15. Final Provisions

15.1 Severability Clause

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

In this case, the parties undertake to replace the unenforceable, invalid or ineffective provision with an enforceable, valid or effective provision that comes closest in content and economic terms to the original intention of the parties.

15.2 Force Majeure

The parties are released from their obligations to each other insofar as, for as long as, and to the extent that the non-performance of obligations is due to the occurrence of force majeure, such as war, strikes, storms and other natural disasters, epidemics and pandemics, as well as other circumstances beyond the parties' control. Each party is obligated to inform the other party immediately upon the occurrence of such a force majeure event.

15.3 Jurisdiction and applicable law

Theagrelationship between the parties is governed by Swiss law, excluding the Vienna Sales Convention (CISG) and the rules of private international law.

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