1.1 These General Terms and Conditions ("GTC") govern the relationship between the software provider (hereinafter "Craft CMS Monitoring") and natural or legal persons with business relationships to Craft CMS Monitoring, hereinafter referred to as the "Customer," individually "Party" and collectively the "Parties."
1.2 By using the services and software of Craft CMS Monitoring, the Customer accepts these GTC unconditionally.
1.3 These GTC apply to all functionalities and modules of the Craft CMS Monitoring web application. Supplementary terms and conditions may apply to individual modules.
1.4 By completing the registration form for creating and ordering a user account on the Craft CMS Monitoring website, the Customer accepts the GTC unconditionally.
1.5 Craft CMS Monitoring reserves the right to change these GTC at any time. They become part of the contract unless the Customer objects within 14 days of being notified.
2.1 Craft CMS Monitoring provides small businesses and individuals with a web-based software solution for financial accounting, project management, and customer management.
2.2 The scope of the software's functionalities is described in detail on the Craft CMS Monitoring website.
2.3 Craft CMS Monitoring is entitled to involve third parties in the provision of its services. All rights to the software, trademarks, and processes remain with Craft CMS Monitoring. The user is granted a right of use in accordance with these GTC.
2.4 Cancellations can be made online in the user account. The contract can be terminated monthly or annually without notice at the end of the current contract period, depending on the chosen contract. The automatic renewal of the contract ends with the termination.
2.5 Craft CMS Monitoring will notify customers in advance of any price changes. If the Customer does not object to the change within 30 days, the change is deemed accepted.
3.1 To use Craft CMS Monitoring, the user must create an account. Registration also enables authentication with third-party applications.
3.2 Craft CMS Monitoring may require additional identification steps for certain applications.
4.1 The use of Craft CMS Monitoring requires internet access and a web-capable device with a current browser (e.g., Chrome, Firefox, Safari).
5.1 Users have access to online support during office hours and email support outside of office hours.
6.1 Using the Craft CMS Monitoring application may incur costs, which are described on the Craft CMS Monitoring website.
6.2 The service is paid in advance, depending on the contract choice, either monthly or for an entire year.
6.3 The Customer has the option to pay by credit card. If the Customer wants to pay by invoice, they must send Craft CMS Monitoring a request via email.
6.4 If a Customer is in arrears, Craft CMS Monitoring will first issue a reminder. If the Customer does not pay within 30 calendar days, Craft CMS Monitoring reserves the right to suspend the service until payment is received. If the Customer fails to settle the invoice within another reasonable grace period, Craft CMS Monitoring may terminate the contract without notice. Craft CMS Monitoring reserves the right to claim damages in such cases.
6.5 If Craft CMS Monitoring discontinues the service, it commits to inform the Customer in advance and refund any pre-paid amounts on a pro-rata basis.
7.1 If the contract is not terminated, it automatically renews for another contract period (depending on the contract choice, either one month or one year). The cancellation must reach Craft CMS Monitoring on the last day of the respective contract period.
7.2 The parties may terminate the contract without notice for a valid reason. This includes, among other things, violations of the payment, usage, and licensing terms of these GTC. The violating party has no claim for damages in such cases.
7.3 Craft CMS Monitoring is entitled to delete all data of the respective Customer one month after the contract has ended.
7.4 Craft CMS Monitoring may, upon request, transfer the Customer's data to other providers upon termination of the contract. Craft CMS Monitoring will charge for the effort according to industry-standard rates.
8.1 Craft CMS Monitoring complies with data protection laws and commits to the following principles:
9.1 The user is obligated to upload only lawful content to the application.
9.2 In case of unlawful or contractual violations, Craft CMS Monitoring may restrict usage or terminate the contract without notice.
9.3 Abuse cases may lead to the suspension of the account and the disclosure of data to authorities.
9.4 It is generally the responsibility of the Customer to create backup copies of their data. The search for lost data will be charged based on the agreed rate or, if no agreement is made, at the industry-standard hourly rate.
10.1 Craft CMS Monitoring strives for high availability of its services but does not guarantee uninterrupted operation.
10.2 Craft CMS Monitoring is not liable for any damages.
10.3 The user is responsible for accessing their account and keeping their access data confidential. Craft CMS Monitoring excludes any responsibility for this.
10.4 Liability for force majeure (fire, water, power outages, earthquakes, strikes, war, etc.) is excluded. If a force majeure event lasts more than four weeks, Craft CMS Monitoring is entitled to withdraw from the contract without further notice. Any additional costs will be charged at the applicable rates at the time.
10.5 Craft CMS Monitoring’s liability for third-party software or usage rights is fully excluded.
10.6 The Customer is fully responsible for proper bookkeeping. Craft CMS Monitoring assumes no responsibility in this regard.
10.7 Unless explicitly agreed otherwise, the Customer is responsible for their own data backup and backups.
11.1 Craft CMS Monitoring is entitled to permanently discontinue the service at any time and without providing a reason. In such a case, the Customer will be informed as early as possible, and a transition period of 30 days will be granted before the service is permanently discontinued.
11.2 Changes to the GTC will be communicated to the user in advance. If the user disagrees with the changes, they can cancel their account.
12.1 Swiss law applies to all matters and disputes related to this service. The place of jurisdiction is Craft CMS Monitoring's registered office.
As of: March 2024