General Conditions and Terms of Business
1. Contracting parties
These General Conditions and Terms of Business are valid between Dolphin Systems, CH-8832 Wollerau (hereafter called 'Dolphin Systems') and every person (hereafter called 'The Customer') who has logged in to the 'eCall™ Internet-Service'. N.B.: For aesthetic reasons and for the sake of simplicity we shall only use the male form in this text, but it is of course to be considered valid for the female form as well.
2. Object of the agreement
Dolphin Systems offers the customer access to eCall™'s services according to the terms described in the 'eCall™ internet Pages' und the relevant valid conditions of payment. By logging on to eCall™ and using its services the customer accepts the General Conditions and Terms of Business. Any services offered by a third party and used by the customer via the internet are not to be considered as part of this agreement. We thus decline all responsibility whatsoever for such services.
According to these terms, the access to eCall™ for the customer is on principle offered for 24 hours and 7 days per week, provided this is technically possible. Technical problems arising through Dolphin Systems will be solved as soon as possible. During normal office hours Dolphin Systems also supports the customer in case of technical questions, problems concerning installation and use. Where this support goes beyond the usual volume of information or if it refers to incorrect use of the service on behalf of the customer or if the appliances used by the customer don't function properly, Dolphin Systems reserves the right to charge the customer for this additional service.
4. Rights and Duties of the Customer
As long as no further written agreement has been negotiated with Dolphin Systems, only the customer himself is allowed to use the services of Dolphin Systems described in these GTB. The customer is under no circumstances allowed to offer a third party these services. The customer is allowed to transfer the rights and duties of these GTB to a third party only with explicit written permission from Dolphin Systems. The customer is responsible for any use and exploitation of his connection and assumes at all times the responsibility to respect all local, state, national and international regulations, particularly those concerning the safety of data, telecommunication systems, copyright and criminal law while using the services offered by Dolphin Systems (transmission or retrieval of data). The customer is responsible for giving Dolphin Systems immediate written information in case he becomes aware of the transmission of illegal content or illegal use of the internet. He is further responsible for informing Dolphin Systems about any shortcomings of the services offered or any illegal use of these through a third party (e.g. Hacker). The customer is responsible for a safe transmission of data in order to avoid illegitimate interference with other systems as well as to prevent the spreading of viruses. He is aware of all the risks connected with data safety (emails, newsgroups, file transfers etc.) and tries to minimize them through ciphering, code encryption, periodical changes of password etc. The customer is responsible for ensuring that all the appliances used for access to the services offered by Dolphin Systems (Hard- and Software) always work properly. Telephone charges as well as the costs for hardware and installation are charged to the customer. He is also responsible for punctual payment of the subscription charge and acknowledges Dolphin Systems the right to deny him access to the services of eCall™ in case of non-payment or if his payment is delayed. The customer allows Dolphin Systems the right to use and pass on the information and the data concerning his person as long as this is necessary for the fulfillment of the services offered in these terms. If the customer doesn't respect one or more of the duties here described, Dolphin Systems has the right to force him to fulfil them or to withdraw from the agreement, cancel the supply of its services and delete the data referring to the customer.
The charges for the services offered by Dolphin Systems to the customer are those described in the current price lists. If nothing else is specified the price lists include VAT. Dolphin Systems will do its best to offer its customers the best possible conditions but, as the costs of eCall™ also depend on the fees charged by a third party (All Wireless, Salt, Swisscom, Swissphone, Sunrise, D2...), it reserves the right to modify them relatively without previous notice. If the customer doesn't pay or pays the fees late, Dolphin Systems is allowed to stop access to the eCall™ services immediately and delete the data referring to the customer after 30 days.
6. Bills (Invoices)
must be paid within the set term and without any deduction. If a bill is not paid punctually, Dolphin Systems has the right to terminate the supply of its services. After the second reminder the customer will be charged CHF 50.-. Dolphin Systems is allowed to define a limit to the amount of services supplied without prepayment.
6.1. Invoices with purchase order
If in your procurement process an purchase order is necessary please consider the following rules for invoices with purchase order:
- The purchase order numbers are valid for at least 6 calendar months.
- A purchase order may not be tied to a specific amount. It must apply to all orders within the period of validity for a particular product (for example eCall account).
- A new purchase order has to be announced without our request not later than 10 days before the end of the month in which the validity ends. We will try, however, to make a timely manner by email about the expiration of the validity period.
- If the above deadline is not met, we will bill a handling fee of CHF 100.00.
- If we get an invoice back marked "wrong order or reference" or "lack of order and reference", we will charge a handling fee of CHF 100.00 (if the fault is not on our side).
7. Condition of Liability
Dolphin Systems endeavours to offer at all times the highest qualified services. It will try to repair any breakdown or defect as soon as possible. In case Dolphin Systems does not accomplish this within a reasonable delay, and is exclusively responsible, the customer is entitled to withdraw immediately from the agreement. The customer explicitly agrees that Dolphin Systems, according to the regulations in force, declines any responsibility for direct or indirect damage, or any other kind of consequences which could occur through the use of the services offered by Dolphin Systems, respectively caused by the interruption of the services. The customer is aware that eCall™ is simply a component of a very complex technical system and that Dolphin Systems cannot assume any responsibility concerning the rest of the system components to which eCall™ is connected.
8. Special Terms of Business
- The customer gives his permission for the processing of his personal data. He retains the right to withdraw this permission for the future, but he must be aware that this will automatically terminate the services offered by eCall™.
- Dolphin Systems is authorised, if requested, to pass on this data to recipients of messages which are sent in the name of the customer.
- The customer authorises Dolphin Systems to use data concerning his person for self advertising and for statistical purposes.
- The customer is aware that the messages he sends as well as the data connected to them can be logged and evaluated.
- The customer agrees that these data, which were sent on behalf of the customer, can be given to the message recipient.
- The customer guarantees that the recipient of messages has agreed to receive them.
- Dolphin Systems does not pass on customer data (except in case of illegitimate activity) to 3rd. parties (advertisers, customers, proxy companies etc.).
- The customer is solely responsible for the content of the messages he sends, for their frequency and the time of transmission. It is absolutely forbidden to send messages with illegal, criminal or other unsuitable content. Dolphin Systems reserves the right to block the account of the customer without prior notice in case of suspicion of unlawful use of the service.
- If the customer wishes to send advertising messages, he must include a hotline number in the text.
- The customer is aware that Dolphin Systems, though offering the technical support for the transmission of messages, declines all responsibility for the transmission of illegal or unsuitable content by the customer.
- The customer realizes that a systematic check or censorship of the content is very difficult because of the wide variety and volume of data and the lack of time. The responsibility of Dolphin Systems concerning checking and safety can only be limited to the blocking of illegitimate users it has detected or who have been reported.
- The customer is responsible for taking the necessary steps, at his own expense, to eliminate any risks or danger resulting from illegal behaviour or incidents (hacker attacks, computer crashes, virus damage etc.) connected with any linked electronic data processing equipment because the level of risk concerning the protection of data lies within the customer's scope. The customer is also responsible for perfecting this level of protection (e.g. Firewalls, data safety devices, anti-virus devices).
- The customer acknowledges the risk of passing on credit card numbers, passwords, sensitive data and accepts the risks connected with e-shopping (shopping via internet)..
- Sending messages with added-value phone numbers in the text is not allowed (e.g. 0900 ...).
- Accounts which are not used for 12 months (no log-in registered) are automatically cancelled, any remaining balance is forfeited.
9. Duration of the terms, notice to quit
The contract period depends on the conditions published on the internet pages of eCall™ for a particular kind of contract at the time of the conclusion of the contract. Without timely notice to quit, the agreement is automatically considered valid for the next published contract period and the customer is responsible for the payment of the fees relating to the services. The customer or Dolphin Systems are entitled to terminate the agreement with written notice, on expiry of the contract period defined in the contract, (date of the post-stamp). Premature notice to terminate the contract does not entitle the customer to the return of part of the fees paid. The balance of unused points will not be refunded. Only the point inventory that is necessary to ensure an interruption-free operation is excluded and is available for refund after deduction of an administration fee. Credit balances for data or hours are exclusively limited to the duration of the contract.
10. Final regulations
The description of the services as defined on the internet pages of eCall™ and the General Conditions and Terms of Business explicitly recognized by both the contracting parties constitute the entire agreement on the contractual rights and duties between the customer and Dolphin Systems. Communication with the customer is effected via the website of eCall™ or email. Dolphin Systems reserves the right at all times to alter the General Terms of Business and the characteristics of eCall™ services. Dolphin Systems will inform the customer about substantial modifications via homepage. If the customer doesn't agree with the new regulations, he is entitled to terminate the business agreement as of the end of the official contract period, by giving written notice one month after the information concerning the modification has been published. In all other cases the modified General Conditions and Terms of Business or characteristics of the eCall™ services will apply to the contract on the date those changes came into force.
Appointed Court of Jurisdiction for the customer as well as Dolphin Systems is the domicile of Dolphin Systems. Dolphin Systems maintains the right to prosecute the customer at his domicile or residence. The entire relationship between Dolphin Systems and the customer is exclusively subject to Swiss Law. These General Conditions and Terms of Business apply from 26th of January 2002.