info@nextron.ch - Support - Webmail

General Terms and Conditions

of nextron internet team GmbH (hereinafter referred to as NEXTRON)

1. Scope

a. These General Terms and Conditions (hereinafter: ‘GTC’) govern the rights and obligations of nextron internet team GmbH, Reinacherstrasse 129, CH-4053 Basel (hereinafter ‘NEXTRON’) and its contractual partners (hereinafter ‘Customer’).

b. Sales, delivery, and service provision are subject exclusively to the following conditions; NEXTRON does not recognize any conflicting conditions or conditions deviating from our terms, unless it has expressly agreed to their validity in writing.

c. NEXTRON reserves the right to change these General Terms and Conditions at any time. Such changes will be communicated to the customer in writing or via information services and are deemed approved if the customer does not terminate their contract with NEXTRON within 30 days at the end of the agreed period.

2. General

a. Unless otherwise agreed, our offers are non-binding.

b. Upon ordering and confirmation of the order by the customer, NEXTRON commits to providing the service / delivering the goods / creating the work, and the customer commits to paying for and accepting the service / goods / work.

c. Unless otherwise stated in writing, NEXTRON may engage third-party providers and subcontractors for contract fulfillment.

d. Unless otherwise agreed for works, the intellectual property and copyright remain with NEXTRON.

3. Prices, Payment Terms, Retention of Title

a. All our prices are in Swiss Francs and exclusive of VAT, unless otherwise noted.

b. Price changes by NEXTRON’s suppliers are always reserved and can be passed on to the buyer.

c. Invoices are due for payment within 20 days net.

d. All products delivered by NEXTRON remain the property of NEXTRON until full payment by the customer. If delivery against invoice is agreed, NEXTRON can have the goods entered in the retention of title register at the purchaser’s expense.

e. For contracts with a volume of more than CHF 5000, a down payment of 1/3 of the definitive or estimated volume becomes due with the order confirmation. Provision of a bank guarantee or similar security instrument exempts from the obligation to make a down payment.

4. Warranty

a. Goods:
Unless otherwise agreed, all NEXTRON products are covered by a 24-month warranty from the invoice date, provided no interventions have been made by the customer or third parties and the goods have been used as intended. Warranty services are provided at NEXTRON’s domicile or that of its suppliers.

aa. Prerequisites for warranty services:
Warranty services are only provided if:

  • the item was transported in the original or equivalent packaging
  • a proper error description is included
  • the defect was reported in a timely manner

ab. Type of warranty
Unless conflicting provisions exist, NEXTRON can fulfill its obligation in the following ways at its discretion:

  • by repairing the delivered goods
  • by replacing the defective goods
  • by granting a price reduction corresponding to the reduced value

b. Works:
The customer is obliged to inspect the work immediately, at the latest within two weeks of receiving the work, for its quality and to inform NEXTRON of any defects. After this period, the work is deemed to have been properly delivered, and the customer can no longer make any warranty claims.

Defects will be rectified free of charge or a price reduction corresponding to the reduced value of the work will be granted. Any claims for damages can only be made in case of intent or gross negligence.

c. Repair orders:
If a data carrier (hard drive, floppy disk, magnetic tape, etc.) or a complete PC is handed over to NEXTRON or its supplier for repair, the customer bears full responsibility for proper data backup before handing over the item. NEXTRON cannot be held liable for data loss under any circumstances. Attention: Hard drives (individually or in PCs) are sometimes formatted upon receipt for repair at our suppliers.

d. Free Services
If NEXTRON provides free services, these can be discontinued at any time without prior notice. The customer has no claims for compensation against NEXTRON in this case.

5. Late Payment

a. If the customer is in default of payment:

  • NEXTRON reserves the right to provide future services only against advance payment or cash on delivery.
  • the customer must pay NEXTRON default interest of 8% p.a. and reminder fees.

b. The customer cannot raise the objection of set-off against NEXTRON due to improper fulfillment or other allegedly existing counterclaims.

c. If payment is not made, NEXTRON has the right to interrupt the service or restore the original condition until payment is received.

6. Supplementary Provisions for Internet and Telecommunications Services

a. NEXTRON’s server and dial-up services are generally accessible to the customer electronically 24 hours a day, 7 days a week. Interruptions due to maintenance, expansion, and relocation work are reserved. In the event of a failure of the Internet infrastructure for which nextron is responsible, not affecting maintenance, expansion or relocation work, and lasting longer than one day, the customer will receive a pro-rata credit for the next contract period upon request. In the event of a complete or partial failure of the Internet infrastructure for which nextron is not responsible, any liability on the part of nextron is excluded.

b. For security reasons, NEXTRON only provides the customer with FTP access to their data when needed.

c. NEXTRON assumes no liability for data loss, i.e., each customer is responsible for their own data backup. NEXTRON creates periodic backup copies of all data on the servers. However, this is not a guarantee for data recovery in case of loss. When handing over storage media to NEXTRON, a backup copy of the data carrier must be created in advance.

d. If the customer uses third-party services through the use of NEXTRON services, they are responsible for compliance with their terms.

e. Unless otherwise agreed, the customer receives a non-transferable right to use NEXTRON services. Making NEXTRON services accessible to unauthorized third parties is prohibited. In particular, ‘login names’ and ‘passwords’ entrusted to the customer must be treated confidentially and may not be passed on without written permission from NEXTRON. Furthermore, the customer is not allowed to sublease or sell the Internet services acquired from NEXTRON in any form without written consent from NEXTRON.

f. Through NEXTRON’s Internet services, information that is intended only for adults under Swiss law is also indirectly accessible. For underage customers, the signature of the legal representative is required for the conclusion of the contract.

g. The user of NEXTRON services undertakes to ensure that all information published, distributed, or made available for retrieval by them or under their name complies with Swiss law and does not violate any third-party rights. Furthermore, they undertake to comply with all other legal provisions when using NEXTRON services, in particular the provisions on data protection.

h. The ‘fair use policy’ applies to the use of the infrastructure, i.e., the customer ensures that their scripts and programs used on nextron’s servers are not faulty or so extensive that they could disrupt nextron’s service provision and thus other customers; likewise, the customer should not use nextron’s services to scan networks for open ports of foreign computer systems, cause unintended replication of data (dupes, mail relaying) through configuration of server services (such as proxy, news, mail and web server services), or forge mail and news headers and IP addresses.

It is not permitted to operate the following Internet services on NEXTRON’s servers or on one’s own server in NEXTRON’s premises without special permission from NEXTRON: News Server, Game Server, IRC Chat Server, FTP Sites, mirror sites TOR Gateways.

The sending of mass mailings (spam, unsolicited mails, mail bombs), regardless of content, is strictly prohibited for the customer. The only exceptions are mailing lists with registered users who have expressly given consent to receive these emails. Violation of this provision will result in immediate termination of the account.

The customer is obligated not to use nextron’s services to harm or harass third parties, in particular, they should not unlawfully intrude into foreign systems or spread viruses.

If the customer’s behavior affects the infrastructure as described above, nextron reserves the right to bring the service to a disturbance-free level, to immediately terminate the contract, and if necessary, to claim damages.

i. The customer’s software and hardware entrusted to NEXTRON, which are to be connected to the Internet on NEXTRON’s premises, will undergo a security technical inspection. In case of security deficiencies, individual or entire software and hardware components may be rejected.

j. Physical access to the customer’s equipment located on NEXTRON’s premises is possible during business hours (Mon – Fri. 08:30 – 12:00, 13:30 -16:00) with prior appointment.

k. NEXTRON reserves the right to demand full access to the customer’s equipment located on NEXTRON’s premises.

l. NEXTRON offers customers, if desired, an antivirus program for incoming emails. This program is an external product, therefore NEXTRON assumes no liability for failed protection.

7. Liability

a. There are no further legal claims of the customer other than those mentioned in sections 4 and 6. Any further liability is excluded, in particular, there is no liability for direct or indirect, mediate or immediate damages resulting from the use, malfunction or failure of goods supplied and services provided by NEXTRON.

b. The user is obligated to immediately notify NEXTRON of any knowledge of violations according to points 6.ff.

c. NEXTRON disclaims any liability for damages arising from points 6.ff. Should NEXTRON incur any damage of any kind (including possible loss of profit, damage to reputation, court costs, etc.) due to violations according to points 6.ff., NEXTRON reserves the right to take legal action against the perpetrator.

d. NEXTRON assumes no liability for direct or indirect damages to the customer as a result of force majeure (e.g., earthquakes, fire, etc.), third-party fault (e.g., power failure, failure of communication networks, burglary, theft, vandalism, hacking attacks DDOS attacks, etc.), customer’s own fault or other causes beyond nextron’s control (e.g., official orders, strikes, etc.). Likewise, NEXTRON assumes no liability for entrusted software and hardware, i.e., the customer is obligated to seek appropriate insurance coverage.

8. Duration of Contracts Termination

a. Work contract
If the customer withdraws from the contract:

  • while the work is incomplete, they must compensate NEXTRON for the work already performed;
  • if the work has not yet begun, 30% of the contract volume will be charged as a lump sum;

The customer can withdraw from the contract at any time against full indemnification of NEXTRON.

b. Periodic services
Unless otherwise agreed, a contract for recurring services is automatically renewed at the end of a contract period for another originally agreed time period. Each contracting party has the right to terminate the ongoing contract in writing with one month’s notice at the end of the agreed time period.

c. In case of violations according to points 6.ff., NEXTRON reserves the right to terminate the contract with the responsible customer without notice. Services already paid for by the customer will not be refunded.

9. Jurisdiction / Applicable Law / Miscellaneous

a. Jurisdiction
The place of jurisdiction for all disputes with NEXTRON is the Canton of Basel-Stadt.

b. Applicable law
Swiss Code of Obligations (OR) applies. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (‘Vienna Sales Convention’) does not apply.

c. Miscellaneous
Should parts of these General Terms and Conditions be void or legally ineffective, the remaining provisions shall not be affected. Void or legally ineffective provisions shall be replaced by legally effective ones in such a way that they come as close as legally possible to the economic effects of the ineffective ones.


July 15, 2016
Replaces all previous terms and conditions.
nextron internet team GmbH
Reinacherstrasse 129
4053 Basel