1. General Provisions
Paymash AG (hereinafter "Supplier") is a Swiss Joint Stock Company with office in Zurich. Supplier has elaborated software (hereinafter "Paymash), which shall provide support to small and medium-sized businesses owners in the process of product distribution and sale as well as customer's data management. Supplier offers its customers Paymash in the form of SaaS Service. Various functions and additional offers of Paymash are described on the web-site www.paymash.com.
2. Scope of application
The present general terms of trade regulate customers' use of Paymash.
3. Subject of Agreement
Supplier delivers Paymash to the Customer on a paid basis for the term of agreement validity in current released version via the Internet. Supplier goes on developing software and improves it by means of current updates. After update, a functional volume of Paymash appears from the corresponding description of capabilities at the web-site www.paymash.com. Specifically provided volume of capabilities is determined by the Supplier on the basis of functions of Paymash selected by the customer . The appropriate offers are described at the web-site www.paymash.com.
4. Customers' Obligations
Customer shall be liable to observe effective laws when using Paymash or visiting the Internet-site. Customer shall be obliged to provide all information correctly and keep it current when creating a user account. Additionally, the Customer shall be obliged to pay necessary amount beforehand. Customer shall not be entitled to pass this agreement neither its part to third persons or authorize the use of Paymash or make Paymash available on a fee paid basis or free of charge.
5. Customers' Rights
Customer shall be entitled to use agreed Paymash functions, specified in the agreement, in the capacity of SaaS-Service after the payment of necessary sum within the validity period of this agreement. He/she may completely delete his/her data or his/her user account at any time.
6. Term and Payment
Customer may open or delete user account at any time. Upon the expiration of the agreement it is automatically prolonged, if the Customer will not delete his/her account before agreement expiration. Supplier may customize, modify, limit or extend SaaS-Service of Paymash at any time. Customer informs on this point beforehand. Supplier also blocks or deletes user accounts if they contain illegal information content or if Customer breaks the Law when using Paymash. Customer transfers user fee as to Paymash to the Supplier for a definite time interval. Amount to be charged and agreement durations are determined in accordance with the published tariffs and provisions on the Supplier's web-site (www.paymash.com) (in particular, within the period of use) in a moment of specific functions purchase or in a moment of automatic prolongation. All payments are to be performed immediately upon valid on date, to which they have been designated. Supplier may freely stop using Paymash, if full transfer of payment is not performed. Any return of enumerated amounts, both in full and by parts, in that case is excluded.
Customer may stop using Paymash in any time as well as his/her user account and delete it. However, return of enumerated amounts, both full and in parts in some way or another, is excluded. Customer's right to use Paymash is automatically expunged after deletion of his/her user information content. In the event of violation of General Trade Terms or unlawful use of Paymash or its part, the Supplier shall be liable at its sole discretion to block access to Paymash or terminate agreement immediately in spite of possible direct or direct claim for damages, may be due for the Supplier. Termination under this article provides for Customer's compensations in any form.
8. Uncompensated Use
If it is offered at the web-site www.paymash.com, so the Customer has an opportunity to use and master Paymash prior to agreement validity on a once-only basis without recompense. In case of uncompensated use of Paymash or its part the Supplier shall have the right to stop utilization by the Customer at own discretion.
9. Customers' Support
Customer shall have a right to ask questions on Paymash application by means of customer support chat at the web-site www.paymash.com.
10. Intellectual Property
All rights (right of intangible property, associated rights, eligibility) for the Paymash web-site content and software are owned by the Supplier to the fullest extent. The exception is provided by hardware/software of third persons additionally required to use Paymash and with regard to which remain protected rights of third persons by law.
11.1. Des Anbieters
Supplier shall not be liable for damage inflicted to the Customer in a result of Paymash use if due to gross negligence or intention. In particular, the Supplier shall not be liable for damage inflicted to the Customer with the frames of the Internet-site or Paymash use by virtue of malicious software or third persons' attack. Supplier shall not be responsible for accuracy of data provided by the Customer. In addition, Supplier shall not be liable for Paymash to be at bidding to use at any time interval.
11.2. Customer Responsibility
Customer shall be liable for all uploaded information to his/her account, in particular, if he/she in such a manner infringes the franchisers' rights, laws, etc.
12. Information Security
Supplier arranges necessary actions in order to secure all his stored information from unauthorised access. However, Customer shall itself bear responsibility for his password security.
13. Information Protection and Processing
With reference to transmitted information while visiting the Internet-site and Paymash using or stored one Swiss terms of protection are in effect, in particular, Data Protection Act. There are appropriate links providing explanations on information protection in case of specific nature of data processing when using the Internet-site. Customer authorizes Supplier to store and use information provided and stored by Customer, if it is required for Paymash provision. Data may also be used in case of Paymash expansion. All data provided or stored by the Customer under registration and application of Paymash may be used only for Paymash provision. Customer agrees that Supplier may transmit these data for processing to third persons, if it will make sense for Paymash provision. Supplier ensures that these third persons comply with the Swiss laws about information protection.
14. Final Determinations
14.1. Applicable Law and Place of Jurisdiction
Legal relations between Customer and Supplier are affected by Swiss legislation. Zurich, Switzerland is an exclusive place of proceedings as to all disputes in respect with these legal relations.
14.2. Modification of Present Terms
Supplier may modify the present terms at any moment. Customer is informed to the effect upon reasonable notice. If Customer does not agree with modifications, he/she can delete his/her user account at any time.