General Terms and Conditions

 

1. Scope of application 

crea[c]tive innovation gmbh (hereinafter referred to as “crea[c]tive innovation“) operates on the Internet the online portal gusto4u.com. The following terms and conditions regulate the contractual relationship between customers (hereinafter referred to as “Customers“ and “Customer“) and crea[c]tive innovation. These terms and conditions govern the use of the portal gusto4u.com, in particular in case of paid subscriptions. However they also concern private users that access the service free of charge.

 

2. Entry into force, duration and termination of the contract

2.1. Entry into force

The contract between the Customer and crea[c]tive innovation shall be reached upon acceptance of the Customer’s order.

2.2 Duration
This service agreement remains in force for the duration of 12 months and will be extended automatically upon expiry for additional 12 months.

2.3 Termination/Notice period

The contract may be terminated by both parties with a 30 days written notice before the end of the agreed duration. A refund of fees paid in advance on a pro rata basis shall be excluded in this case. If the Customer terminates the contract before the end of a minimum contract period, crea[c]tive innovation shall be entitled to charge fees which would have been payable for the balance of the minimum period.

2.4 Exceptional cancellation

crea[c]tive innovation may terminate the contract for important reasons at any time and with immediate effect, particularly if the Customer does not comply with the requirements as stated in paragraph 5. The Customer will then not be entitled to reimbursement of fees that have already been paid.

3. Prices, payment method, invoicing and terms of payment

3.1 Prices for Restaurant, Bars & Clubs
By taking advantage of the services offered by the gusto4u.com portal, Customers accept the current applicable prices. Prices are based on the current crea[c]tive innovation price list. If crea[c]tive innovations lowers its prices, it can simultaneously adjust the scope of services and/or any discounts granted prior to the price reduction. The annual fee is CHF 192.- exclusive of VAT. Prices are subject for change without notice any time.

3.2 Payment method
crea[c]tive innovation accepts on its own terms credit cards, debit cards and sale on account as methods of payment. crea[c]tive innovation may enable or disable credit or debit cards at any time and without any notice. Any transmission of credit and debit card payment information are encrypted. In case of sale on account the activation will take place upon invoice receipt. The invoice expires after 30 days. crea[c]tive innovation has the right to obtain information about the Customer’s soundness and can therefore pass Customer’s information to third parties. crea[c]tive innovation can refuse individual payment methods without any specific reason.

3.3 Invoicing, terms of payment and termination
crea[c]tive innovation shall base billing on its records. Such records shall be considered accurate even if the Customer objects to the invoice and crea[c]tive innovation’s technical and administrative investigations have established no grounds for errors. The billed amount must be paid by the expiration date on the bill or within the stated payment period. Upon expiration of the payment deadline the Customer is considered automatically in default. The activation of the online subscription takes place upon receipt of the payment and has one year validity from the launch date. The subscription is extended automatically on a 12 month running basis unless the Customer terminates the contract in writing at least 30 days prior to its expiry.

3.4 Payment default

If Customers fail to pay the bill by the defined date and have lodged no written objection accompanied by teir reasons, crea[c]tive innovation can, after sending a reminder which the Custommer has ignored, discontinue services and/or terminate the contract with immediate effect without being liable for compensation. crea[c]tive innovation shall charge administrative costs of up to CHF 20.- for each reminder. Customers bear all the costs incurred by crea[c]tive innovation as a result of payment default.

4. Services provided by crea[c]tive innovation

4.1 Content and scope of services
The content and scope of crea[c]tive innovation are shown in the correspondent contract document “Service description gusto4u.com“, which together with the present General terms and conditions “gusto4u.com“ and the current service price list forms the basis of the contractual relationship between the Customer and crea[c]tive innovation. crea[c]tive innovation provides the services specified in the contract, provided the Customer supplies the appropriate equipment (hereinafter referred to as “Subscriber equipment“).

4.2. Amendments to the contract

crea[c]tive innovation reserves the right to discontinue gusto4u.com and amend services, prices, service descriptions and these terms and conditions at any time. Changes and informations related to gusto4u.com are sent to the Customer through newsletters or released on the gusto4u.com site. If a  minimum contract period is agreed, Customers are entitled to terminate the contract prematurely and without financial consequences on the date when a price increase and/or important amendments to the contract come into force. Failure to give such notice of termination is regarded as an acceptance of the price increase and amendments to the contract. If sales tax rates change (i.e. VAT) crea[c]tive innovation is authorised to adjust its tariffs accordingly. In this case Customers are not authorised to   terminate the contract prematurely.

4.3. Support

crea[c]tive innovation provides all necessary support for the use of services within the scope of the present terms by email. In case of additional costs crea[c]tive innovation has the right to add the additional or total cost to the ordinary bill.

4.4 Discontinuation of services
crea[c]tive innovation has the right to arbitrary discontinue the services as long as the Customer is in default as described in paragraph 3 or if the services are used for illegal purposes (among other paragraph 5). In case of discontinuation the Customer is not entitled to reimbursement or to refusal or reclamation of payments or any other services. crea[c]tive innovation has the right to expressively discontinue its services for other grounded reasons.

4.5 Data protection

crea[c]tive innovation performs a backup on a daily basis for the protection of your data. crea[c]tive innovation is not accountable for the permanent loss of data.

5. Customer’s services and obligations

5.1 General
Customers are responsible for the correct, contractually defined use of gusto4u.com and the timely payments. Customers are committed to provide truthful informations to crea[c]tive innovation. More Customers’s obligations result from correspondent contract documents.

5.2 Violation of third parties’ rights
The Customer is responsible in particular for the conformity to the requirements of legislation and the possible violation of third partie’s rights of image data and texts posted on the site. The Customer bears full responsibility for the content of material towards authorities and privat individuals. Customers also shall  take note of the fact that any content and information posted on gusto4u.com (including graphs, logos etc.) are legally protected. They can only be used in the form approved by crea[c]tive innovation or other providers and with the explicit approval of the authorised person.

5.3 Customer equipment

Customers are responsible for any matters (i.e. internet connection) concerning the subscriber equipment necessary for the use of gusto4u.com. crea[c]tive innovation assumes no responsibility if the use of gusto4u.com is not possible due to the subscriber equipment and the Customers’ settings.

5.4 Customers’ safety measures

Customers bear full responsibility for the choice, use and change of their passwords.

6. Information content, legal and contracual use, misuse Information content

Customers are responsible for the information content which they transmit or process over crea[c]tive innovation or make available to third parties. crea[c]tive innovation accepts no responsibility for this or for information which Customers receive or which third parties send or make accessible over the internet.

6.1 Legal and contractual use
Customers are responsible for the correct, contractually defined use of gusto4u.com. They must not use gusto4u.com for unlawful reasons or in breach of contract. Clients are not permitted to send mass advertising via gusto4u.com.

6.2 Action in the event of misuse

If justifiable evidence exists of the illegal use of gusto4u.com, if such misuse is indicated by a party involved or a relevant authority, or if such misuse is ascertained by a legally vaild finding, crea[c]tive innovation can make the information of the suspected Customer available to the party involved or the relevant authority, inform the police and/or other relevant authorities about the incident, enjoin the Customer to use the access in a legal and contractually compliant manner, discontinue the service without notice and without being liable for compensation, terminate the contract without notice and without being liable for compensation and if necessary demand compensation for damage. If crea[c]tive innovation terminates the contract for one of the above reasons, the Customer shall remain liable under the same terms of the contract to pay beyond the date on which the contract was prematurely terminated.

6.3 Intellectual property

For the duration of the contract, Customers will have the non-transferable and non-exclusive right to use the services and products of crea[c]tive innovation. Content and scope of such right are described in the correspondent contractual documents. All rights to existing intellectual property or intellectual property arising from the fullfilment of the contract with respect to crea[c]tive innovation services and products shall be held by crea[c]tive innovation or authorised third parties.

7. Liability of crea[c]tive innovation

crea[c]tive innovation shall not absorb any costs for services provided by Customers or authorised third parties for containing and/or fixing any faults that may affect gusto4u.com. Customers shall undertake to pay for services provided by crea[c]tive innovation to contain and/or fix any faults that may affect gusto4u.com if such faults result from by defects or by the Customers’ misuse of the equipment.

7.1 Investment protection
crea[c]tive innovation is continually optimising the services available on internet and thus also protecting the investments of its customers. However, individual customers are not entitled to request a specific configuration of the network connection or the retention of services available on the network unless this is expressly laid down in the contract.

7.2 Force majeure
crea[c]tive innovation cannot be held liable if its service is temporarily interrupted, restricted or disabled due to force majeure. Force majeure is defined as natural events of a special intensity, war, terrorism, strike, unforseeable restrictions by authorities, power failure, viruses, worms, trojans etc.

8. Transfer of rights and obligations

Customers are not permitted to transfer the rights and obligations arising from this contract to third parties without crea[c]tive innovation’s prior consent.

9. Applicable law and jurisdiction

This contract is subject to Swiss law. The place of jurisdiction shall be Goldach (SG). Compulsory jurisdictions shall also apply.