Our Terms of Service

1. Scope and Applicability

These General Terms and Conditions (AGB) govern the conclusion, content, and execution of orders (one-time services) and contracts (ongoing services) between customers (hereinafter referred to as “Customers”) and Amberella GmbH (hereinafter referred to as “Amberella GmbH”). Supplementary agreements, modifications, or additions to the AGB shall only become effective with written confirmation. If the participant also uses services from third parties through Amberella GmbH’s services, the participant is responsible for complying with the terms of use of these third-party services and may be held directly liable by the third-party provider in case of damages.

2. Conclusion of Contract

Unless otherwise stated in the offer, Amberella GmbH is bound by the offer for 30 days from the date of issuance of the offer. The contract is concluded by signing a separate contract, written acceptance of the offer, or the receipt of an order confirmation without objection. If later changes to orders/contracts result in additional costs for Amberella GmbH, these costs shall be borne by the customer according to the applicable rates of Amberella GmbH. Service contracts are generally concluded for an indefinite period, terminable at the end of an invoicing period with a three-month notice period. The minimum contract duration is 12 months.

3. Delivery

Delivery times and dates provided by Amberella GmbH are generally non-binding. A delivery period begins at the earliest with the order confirmation by Amberella GmbH, but not before all technical details have been clarified. If no specific delivery date is expressly agreed upon, Amberella GmbH will deliver in consultation with the customer. Operational disruptions, in particular non-delivery or delayed delivery by contractual partners of Amberella GmbH and events of force majeure, entitle Amberella GmbH to extend delivery periods and/or release from the delivery obligation, excluding claims for damages by the customer. Direct shipment of products to the customer by Amberella GmbH is at the customer’s cost and risk. Damages must be reported to the carrier upon receipt of the goods. Complaints regarding the execution and quantity of the delivery must be made in writing to Amberella GmbH within 10 days of receipt of the goods; otherwise, the delivery is considered approved.

4. Payment Terms

Invoices from Amberella GmbH for services/deliveries are to be paid net without deduction within 20 days of the invoice date. Amberella GmbH is entitled to demand advance payment or other security at its own discretion. Non-compliance with the payment deadline triggers default without express notice, and Amberella GmbH is entitled to 5% default interest, as well as reimbursement of all reminder, collection, attorney, and court costs, as well as other damages. Until full payment of the purchase price, products remain the property of Amberella GmbH and may not be pledged or assigned for security. Amberella GmbH may register a retention of title. If one or more invoices are not paid on time, all services and benefits from Amberella GmbH to the customer can be suspended until payment is received. This includes, but is not limited to, internet connectivity, DNS hosting, online backup, maintenance, updates, etc. If overdue invoices exist, older outstanding invoices/services will always be settled first when new invoices/services are paid. New services will only be activated or existing ones renewed or ordered products delivered once all due invoices have been paid. Domain transfer codes will not be provided until all outstanding invoices have been settled.

5. Warranty

Amberella GmbH guarantees that the products are free from manufacturing and material defects. The warranty, in accordance with the following provisions, is two years unless expressly agreed upon in writing or guaranteed by the manufacturer. Amberella GmbH provides a warranty only to the extent that it is assumed by the supplier or manufacturer. Amberella GmbH assumes no warranty if it is not recognized by the manufacturer. Any warranty is excluded if you make changes to the goods (computers, notebooks, modems, spare parts, etc.) and/or modify them, in cases of natural wear and tear, especially for wear parts, and if you do not present the original purchase receipt when asserting the defect. We do not provide a warranty for software installations on pre-installed PCs, notebooks, etc. Warranty claims cannot be made for software errors or malfunctions. Unless otherwise agreed, defective parts/devices will be replaced or repaired with equivalent ones. In the event that the manufacturer repairs or replaces the devices free of charge, the buyer has no right to claim a refund of the purchase price. There is no right to claim compensation arising from the use of defective products. The warranty period for products delivered by Amberella GmbH is determined by the warranty period defined by the manufacturer. Parts that are demonstrably damaged or rendered unusable due to poor material, faulty construction, or defective execution during the warranty period will be repaired or replaced by Amberella GmbH free of charge. The warranty service includes the necessary parts but excludes labor. Any further claims against Amberella GmbH, especially claims for damages or withdrawal from the contract, are excluded. The warranty does not cover damages due to non-compliance with operating instructions, as well as damages resulting from other reasons not attributable to Amberella GmbH. A warranty-relevant defect exists only under the following conditions: a) the defect must be documented and reproducible, and b) the defect, under normal operating conditions and according to the manufacturer’s performance description, causes a deviation in functions and performance that nullifies or significantly diminishes its intended use. The customer is obliged to immediately report any defects occurring during the warranty period to Amberella GmbH. Amberella GmbH disclaims all liability for damages resulting from delayed notice of defects. In addition to the warranty services described above, any further warranty obligations of Amberella GmbH are expressly waived. Amberella GmbH points out that, according to the current state of technology, it is not possible to create hardware and software that work flawlessly in all application combinations or are protected against manipulation by third parties. Amberella GmbH does not guarantee that hardware and software used or provided by Amberella GmbH meets the customer’s requirements, is suitable for specific applications, and that it is crash, error, and free from malware. Amberella GmbH only guarantees to the customer that the hardware and software used or provided by Amberella GmbH, at the time of transfer, under normal operating conditions, and with regular maintenance, essentially functions as described by the manufacturer.

6. Confidentiality

The contracting parties treat all facts as confidential that are neither obvious nor generally accessible. In case of doubt, facts are to be treated as confidential, and there is a mutual obligation to consult. This confidentiality obligation exists both before the conclusion of the contract and after the termination of the contractual relationship.

7. Applicable Law, Jurisdiction

The contractual and legal relationship between the parties shall be governed exclusively by Swiss substantive law. The exclusive place of jurisdiction is Zurich, Switzerland. Amberella GmbH has the right to also sue the customer at its place of residence or at any other court that may be competent under national or international law.