General Terms and Conditions of
Silnap.com (Version 03.03.2020)
I. Area of application of the agreement
These General Terms and Conditions (hereinafter referred to as the “Agreement”) establish a contract between SILNAP AG (hereinafter referred to as the “Provider”) and the user of the service (hereinafter referred to as the “Customer”). The Provider offers streaming subscriptions and contents on its website (hereinafter referred to as the “Services”). Contents are video contents that can be purchased once individually while streaming subscriptions provide accesses to a video platform multiple times for a defined period of time.
The Agreement applies to the use of all Services of the Provider.
II. Changes to the Agreement
The respective version applicable at the time when the order is placed shall be decisive. The Agreement cannot be changed unilaterally by the Customer. Terms of the Customer contrary to or deviating from the Agreement are not accepted. The Provider reserves the right to modify the Agreement unilaterally at any time. The Customer shall be notified on time by way of a written message (e.g. email) of any changes made during the term of active contractual relationships. The message shall contain information about the planned changes. The new Agreement shall apply as accepted, unless the Customer rejects it in writing within 30 days. In the event of a rejection, the Customer can discontinue the Services with immediate effect.
III. Use of the Services
All Services require a payment before they can be accessed. The Provider may offer a sample of a Service free of charge or at a reduced price for a limited time.
The Customer may use a Service solely for private, non-commercial purposes. The provision of the Service by the Provider shall not result in a transfer of rights to the Customer for commercial use or use for marketing purposes and it does not constitute a grant of rights or a waiver of the rights of copyrights holders.
The Customer must not modify, circumvent or manipulate the security technologies contained in the Service.
IV. Payment
The Customer can purchase the Services subject to cost via the Provider’s website (hereinafter “Transaction"). Through the Transaction, the Customer will acquire the right to use the Services. Each Transaction establishes a separate contract between the Customer and the Provider. Payment shall be made exclusively by means of the payment instrument and in the currencies offered by the Provider. The Provider shall charge the selected payment instrument for the Transaction, including any incurred taxes and fees pursuant to Swiss law.
If it is not possible to debit the due amount using the selected payment instrument for whatever reason (e.g. expired card or insufficient funds), the Customer shall remain obligated for the payment of the outstanding amounts. The Provider will attempt to debit the due amount once more, as soon as the payment instrument is updated.
The Customer declares his or her agreement to receiving all invoices in electronic form (including email). Prices for the Services can be changed at any time.
The Provider can refuse a refund if it has discovered indications of fraud, return fraud or other manipulative actions entitling the Provider to a counterclaim.
V. Right to revocation
The Customer can cancel his/her order within 14 days from receipt of the invoice without a statement of reasons. To withdraw an order, the Customer must inform the Provider using electronic channels. The Customer shall send the notification within 14 days from the order so as to observe the withdrawal period.
Withdrawal from streaming subscriptions is possible only during the first subscription period and not after an automatic extension.
Consequences of withdrawal: The Provider will refund the payment to the Customer within 14 days from receipt of the withdrawal. For this purpose, the same payment instrument will be used that the Customer has used in the Transaction.
Exception from withdrawal: Withdrawal is precluded if the Transaction was executed with the Customer’s explicit acknowledgement and agreement that he/she will thereby lose his/her right of withdrawal.
VI. Customer support
If the Customer has questions about his/her account and/or his/her Transactions, he/she shall contact customer support using the contact form. The Provider will try to answer the questions as soon as possible.
VII. Period and extension of streaming subscriptions
The streaming subscriptions are concluded for a certain period (hereinafter “Period"). Unless the streaming subscription is cancelled, it and the payment obligation will extend for the same period as the original Period at the end of each subscription period.
VIII. Termination of streaming subscriptions
The contractual relationship between the Provider and the Customer including the present Agreement shall remain valid for an indefinite period until it is terminated by the Customer or the Provider.
The termination period shall be 14 days, respectively toward the end of the Period. The termination must be declared by the Customer using electronic channels. The Provider can terminate the Agreement or block the access to the services at any time for good cause. Good causes are in specific, the Customer’s unauthorised use of the Services and/or failure to comply with the Agreement.
IX. Copyright
The use of the Services is subject to the applicable copyright law. In Switzerland, this is in particular, the Federal Law on Copyrights and related proprietary rights of 9 October 1992 (URG, SR 231.1).
X. Warranty
The Customer is aware that the Provider performs its Services via the internet and by means of communications networks. Temporary restrictions or interruptions of the Provider’s service performance can occur, in particular due to technical failures, operating disruptions, and failure or outage of communications networks and an outage of IT infrastructure or other parts of the infrastructure used for the service performance. The Provider therefore does not extend any warranty for the uninterrupted availability and fault-free provision of its Services.
XI. Liability and liability exclusion
The Provider’s liability for any damages caused through negligence and for all further damages is excluded. This applies in particular to indirect damages and consequential damages. The Provider rejects any liability for damages that are caused by a temporary or permanent interruption of the Services.
XII. Assignment
The Provider can transfer the Agreement to third parties. Furthermore, the Provider can assign each of its rights under the Agreement and each of its duties under the Agreement to third parties.
The Customer cannot assign the Agreement whether in full or in part to third parties, nor transfer or sublicense his/her rights under this Agreement to third parties.
XIII. Indemnification
The Customer undertakes to indemnify the Provider from and against all damages (including all costs for legal disputes such as, in particular, the costs of arbitration procedures and/or court fees and pre-trial costs, and lawyer fees) and respectively from and against (1) a violation against the Agreement committed by the Customer, (2) user-generated Services the Customer posts or contributes to otherwise, (3) an activity the Customer pursues within the scope of or beyond the Services, and (4) a violation of legal regulations or infringement on the rights of third parties by the Customer. The foregoing indemnification clause shall not apply if the Customer is not responsible for the violation or infringement.
XIV. Data privacy
The use of the Services offered by the Provider is subject to the Data Privacy Policy https://www.silnap.com/privacy/.
XV. Place of jurisdiction and applicable law
All legal relationships between the Provider and the Customer are governed by substantive Swiss law to the exclusion of the Swiss Federal Law on Private International Law (IPRG). The place of jurisdiction for all disputes is Zurich. The Provider reserves the right to enforce any claims against the Customer also at the place of the Customer’s domicile.
Status: May 2020