Terms and Conditions

Connection to the MyLiveZone® Network

1 Scope of Application

1These General Terms and Conditions govern the use of all connections and internet services offered by MyLiveZone AG (hereinafter referred to as "MyLiveZone").

2 Services of MyLiveZone

2.1 Content and Scope of the Service

1The content and scope of each MyLiveZone service are specified in the relevant contractual documents (service descriptions, contract documents, order forms, etc.), which, along with these General Terms and Conditions and the current price lists for the service, form the basis of the contractual relationship between the customers and MyLiveZone.

2Within the existing technical and operational capabilities, MyLiveZone provides the services listed in the contract documents,provided

§the customer has suitable end devices and bandwidths for the connections and

§the customer meets the requirements of MyLiveZone for the MyLiveZone network as per section 3.

2.2 Security Precautions of MyLiveZone

1MyLiveZone takes measures to protect its network from unauthorized third-party intrusions. However, absolute protection against unauthorized third-party access cannot be guaranteed. MyLiveZone cannot be held liable for such intrusions.

2.3 Involvement of Third Parties

MyLiveZone may engage third parties at any time to fulfill its contractual obligations.

3 Services/Obligations of the Customers

3.1 General

1The customers are expressly advised that they are responsible for the lawful and contract-compliant use of the services obtained from MyLiveZone and for the timely payment of these services.

2When placing orders, registering, and in further business contacts with MyLiveZone, the customers are obliged to provide truthful information.

3These and all other obligations of the customers arise from the relevant contractual documents.

3.2 Customer Facilities

1The customers are responsible for the acquisition, provision of the necessary bandwidth for connections, the establishment of the connection, maintenance of the connection, and the legal compliance of their connections necessary for the use of MyLiveZone services.

2The functionality of MyLiveZone Admin and MyLiveZone Gateway, required for MyLiveZone remote workplaces, is ensured by MyLiveZone.

3The customers ensure that:
§ the standardized settings of the network are not altered, and
§ the updates sent by MyLiveZone are promptly and professionally adopted upon receipt.

4MyLiveZone does not guarantee that the use of MyLiveZone services is possible with all customer settings.

3.3 Security Precautions of the Customers

1Customers must select passwords appropriately and change them regularly, or immediately if there is a suspicion of misuse.

2Passwords must be stored carefully and should be transmitted in encrypted form on digital media whenever possible. Customers are fully responsible for the use of their passwords.

3Customers protect their data from unauthorized access by third parties and take measures to prevent disturbances or damage to the MyLiveZone network or third parties (e.g., spread of computer viruses, worms, Trojans, etc.), in accordance with the latest technology, as is customary or if there are indications that unauthorized intrusions into foreign systems may originate from their facilities.

4If a connection to the MyLiveZone network by a customer causes disturbances or damage to one or more components of the MyLiveZone remote workplaces or to the main server of MyLiveZone or third parties, MyLiveZone may suspend its services without prior notice and without compensation and/or claim damages.

5MyLiveZone reserves the right to inspect customer connections for security deficiencies and to take necessary measures to prevent or rectify disturbances or damage to one or more components of the MyLiveZone remote workplaces or to the main server of MyLiveZone or third parties, or to demand such measures from the customers.

6Customers must take appropriate measures as required by MyLiveZone.

7If a disturbance cannot be resolved otherwise, customers must modify the MyLiveZone network at their own expense or cease its operation.

3.4 Responsibility for the Use of the Connection

1Customers are responsible for every use of their MyLiveZone Services – including use by unauthorized third parties.

2They must pay all fees incurred as a result of using their MyLiveZone Services.

3If MyLiveZone, an organ, or an employee of MyLiveZone is held criminally, civilly, or administratively responsible due to illegal or contract-violating use of a MyLiveZone Service by the customer or a third party, the responsible customer indemnifies the affected parties from all claims and is liable for any resulting damage.

3.5 Data Security

1Customers are solely responsible for the security of their data.

4 Prices

1The relevant current price lists of MyLiveZone for the respective MyLiveZone Services apply, unless the prices are set in the corresponding contractual documents or announced immediately before using a specific service.

2By using the offered MyLiveZone Services, customers accept the respective current prices.

3If MyLiveZone reduces prices, it may simultaneously adjust the scope of services and/or the discounts granted before the price reduction.

5 Billing and Payment Terms

5.1 General

1The MyLiveZone Services will be billed to the customer on whose premises the connection is installed.

2If a MyLiveZone Services customer operates their own services associated with MyLiveZone, they are jointly liable to MyLiveZone for the payment of fees owed by third parties.

3MyLiveZone issues invoices based on its records. These are considered accurate even if the customer raises objections to the invoice, but MyLiveZone's technical and administrative investigations find no evidence of errors.

4The invoice amount must be paid by the due date specified on the invoice or within the indicated payment period. After this period, the customer automatically falls into arrears. The customer can raise written and substantiated objections to the invoice until this date. If they fail to do so, the invoice is considered accepted.

5If the objections concern only a part of the invoice amount, MyLiveZone may require the customer to pay the undisputed part of the invoice promptly.

5.2 Payment Delay

1If the customer has not paid the invoice by the due date or within the specified payment period, nor raised written and substantiated objections against it, MyLiveZone may, after an unsuccessful reminder, interrupt service delivery for all contracts concluded with the customer, take other measures to prevent damage, and/or terminate the contract without notice and without compensation.

2For reminders, MyLiveZone may charge reminder fees of up to CHF 20.- per reminder.

3The customer also bears all additional costs incurred by MyLiveZone due to the payment delay. This also applies to payments via direct debit. If the customer's account is not covered in the direct debit procedure, MyLiveZone may charge a handling fee of at least CHF 30.- per case.

5.3 Advance Payment, Security

1If MyLiveZone has doubts about the customer's compliance with the payment terms or if the collection of claims may become more difficult, MyLiveZone may require an advance payment or security.

2If the customer does not make the advance payment or provide security, MyLiveZone may take the same measures as in case of payment delay. Securities in the form of a cash deposit will bear interest at the savings account interest rate. MyLiveZone can offset all claims against the customer with the securities provided.

5.4 Offsetting

1Customers may not offset claims from MyLiveZone against any counterclaims.

2The exclusion of offsetting does not apply if MyLiveZone is in default with its services.

6 Content of Information; Lawful and Contractual Use; Misuse

6.1 Content of Information

1Customers are responsible for the content of the information (data in any form, language, etc.) they transmit or process through MyLiveZone, or which they may make accessible to third parties. MyLiveZone is not responsible for this information, or for information received by customers or disseminated or made accessible through MyLiveZone connections by third parties.

6.2 Lawful and Contractual Use

1Customers are responsible for the lawful and contractual use of their MyLiveZone Services.

2Customers may not use MyLiveZone Services to disturb or personally harass third parties, to obstruct the proper use of another connection, or for any other unlawful or contract-violating purpose.

3Sending mass advertising via a MyLiveZone Service by customers is prohibited unless there is a demonstrable customer relationship between the customers and their email recipients, or if the collection of the used contact data (e.g., email addresses) has occurred via the "Double Opt-In" process (i.e., the inclusion of email recipients in the mailing lists of the customer sending the mass advertising must be explicitly reconfirmed by the recipients upon the customer's request).

6.3 Measures Against Misuse

1If there are justified indications of unlawful use of a MyLiveZone Service, such use is reported by affected parties or an authority, or established by a legally binding judgment, MyLiveZone can disclose the data of the customers suspected of misuse to the affected parties or the competent authorities, inform the police and/or other relevant authorities about the incident, urge the customers to use the service lawfully and in accordance with the contract, discontinue its service without notice and without compensation, terminate the contract without notice and without compensation, and/or possibly demand damages.

2MyLiveZone can take the same measures if it has reason to believe that the customer will violate or is violating the contract, or if the customer provided inaccurate or incomplete information at the time of contract conclusion.

3If MyLiveZone terminates the contract for any of the aforementioned reasons, the customer may remain liable for payment in accordance with the provisions on early termination of the contract.

7 Customer Data

7.1 General

1In handling data, MyLiveZone complies with the applicable legislation, particularly telecommunications and data protection laws.

2MyLiveZone collects, stores, and processes only data necessary for fulfilling contractual obligations, for maintaining and developing relationships with customers, for ensuring a high quality of service, for the security of operations and infrastructure, and for billing.

3MyLiveZone ensures legal data protection when transferring customer data to third parties for service provision.

4The customer agrees that MyLiveZone may obtain information about them in connection with the conclusion and execution of the contract, disclose data regarding their payment behavior, use their data for the needs-based design and development of its services and for tailored offers, and that their data can be processed for the same purposes within MyLiveZone.

5If a service by MyLiveZone is provided jointly with third parties, or if the customer receives services of third parties via MyLiveZone's network, MyLiveZone may transfer data about the customers to third parties as far as this is necessary for the provision of such services or for billing.

6Data generated during the use of MyLiveZone Services may be used for tailored offers by MyLiveZone and/or selected third parties.

8 Intellectual Property

8.1 General

1For the duration of the contract, customers receive the non-transferable, non-exclusive right to use the services and products of MyLiveZone. The content and extent of this right are defined in the corresponding contractual documents.

2All rights to existing or emerging intellectual property related to services and products of MyLiveZone remain with MyLiveZone or the entitled third parties.

9 Network Availability

9.1 General

1MyLiveZone offers high network availability, but cannot guarantee uninterrupted and error-free functioning of its network. MyLiveZone reserves the right to perform maintenance on its network at any time, which may lead to operational interruptions.

2Additionally, MyLiveZone reserves the right to temporarily block certain MyLiveZone Services to combat malicious codes (e.g., viruses, worms, Trojans, etc.).

3Generally, MyLiveZone Services are available around the clock throughout the year.

4In the event of a failure or disturbance of the connection used for MyLiveZone Services, the service number is operational during business hours.

5Business hours are defined as: Monday to Friday 08:00 – 12:00 / 13:00 – 17:00.

6The response time for a failure or disturbance of a connection is:
During business hours: 60 minutes
Outside business hours: the following working day

7The customer is only responsible for the costs of repair or maintenance in connection with a failure or disturbance of the connection if they or a third party in contract with them caused the failure or disturbance.

8No assurances or guarantees can be provided regarding the availability, quality, operation, or support for voice or data traffic on networks or connections of other network providers.

10 Liability of MyLiveZone

10.1 General Liability Provision

1MyLiveZone is liable for proven damages in cases of contract br/eaches, unless it proves that it is not at fault.

2Damages caused intentionally or by gross negligence are compensated by MyLiveZone after assessment by third parties appointed by MyLiveZone.

3For minor negligence, MyLiveZone is liable for personal injuries, material damages per event, and financial damages as assessed by third parties appointed by MyLiveZone.

4In such cases, MyLiveZone is not liable for consequential damages, lost profits, or data loss, nor for damages resulting from unlawful or contractual misuse of its services.

5MyLiveZone does not cover costs for services provided by the customer or third parties appointed by the customer in connection with identifying and/or rectifying any disturbances of a MyLiveZone service.

6The customer is also responsible for the costs of services provided by MyLiveZone in connection with identifying and/or rectifying any disturbances of a MyLiveZone service, if the cause of the disturbance is due to defects or incorrect handling of the end devices used by the customer.

10.2 Investment Protection

1MyLiveZone continuously optimizes its services, thereby protecting its customers' investments.

2However, customers have no claim to a specific configuration of connections or to the retention of services accessible through them unless expressly stated in the contract document.

10.3 Force Majeure

1MyLiveZone is not liable if the provision of services is temporarily interrupted, restricted, or made impossible due to force majeure.

2Force majeure includes, but is not limited to, intense natural events (avalanches, floods, etc.), acts of war, terrorism, strikes, unforeseen governmental restrictions, power failures, etc.

3Force majeure also includes computer viruses, worms, Trojans, etc.

10.4 Information, Goods Procurement, etc.

1MyLiveZone makes no assurances and accepts no liability or warranty for the accuracy, completeness, timeliness, legality, and appropriateness, availability, or timely delivery of information accessed through the MyLiveZone network connection or published on the MyLiveZone portal (

2MyLiveZone does not refund fees and accepts no liability for damages from downloads.

3If customers use their connections to purchase goods or services from third parties, MyLiveZone is not the contractual partner for these transactions unless expressly agreed otherwise.

4MyLiveZone accepts no liability or warranty for services or goods procured or ordered through the connection, even if MyLiveZone carries out the collection of third-party claims against customers.

11 Commencement, Duration, and Termination of the Contract

1The offers of MyLiveZone are non-binding. This means that the contract between the customer and MyLiveZone only comes into effect upon MyLiveZone's acceptance of the customer's order.

2If expressly reserved by MyLiveZone, the contract only comes into effect upon the signing of a written document.

3The minimum contract duration and termination modalities are specified in the contract documents.

4In the absence of contrary provisions in the contract documents, the contract is indefinite and can be terminated by either party with a three-month notice period to the end of a month, earliest at the end of any agreed minimum contract duration.

5A pro rata temporis refund of prepaid fees is excluded in all cases.

6If a minimum contract duration has been agreed upon and the customer terminates the contract before its expiration, they owe MyLiveZone the fee for the remaining contract period as per the contract.

7If the termination only affects part of MyLiveZone's services, the contractual provisions for the remaining services remain applicable. MyLiveZone commits to continuing the contractually agreed services with a consistently high standard of quality after any termination.

12 Contract Changes

1MyLiveZone reserves the right to discontinue certain services and to adjust services, prices, service descriptions, and these General Terms and Conditions at any time.

2Changes and information about MyLiveZone services will be communicated to customers in an appropriate manner (e.g., via a newsletter by email or by publication on the MyLiveZone portal).

3In the case of a contractually agreed minimum duration, customers have the right to terminate the contract early without financial consequences at the time of the implementation of price increases and/or significant contract changes.

4Without termination, the announced price increases and contract changes are considered approved by the customer.

5If tax and duty rates (especially VAT) change, MyLiveZone is entitled to adjust its rates accordingly. In this case, customers have no right to early termination.

13 Transfer of Rights and Obligations

1Customers may not transfer rights and obligations from this contract to third parties without prior consent from MyLiveZone.

2MyLiveZone can transfer the rights and obligations from this contract to another suitable company.

14 Applicable Law and Jurisdiction

1The contract is subject to Swiss law.

2The jurisdiction is Biel. Mandatory jurisdictions remain reserved.

Version 5.0 / April 2020



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Ipsachstrasse 26

CH-2563 Ipsach