applicable from the 1st September 2018
1. Scope of application
2. Scope of service
2.1. HYDROPORT is a service provided by vonRoll hydro (suisse) ag, hereinafter also referred to as "vRh", with its registered office in Zug, Switzerland.
2.2. The HYDROPORT contract establishes a contractual relationship solely between the User and vRh (contractual relationships to companies connected with vRh are excluded).
3. Accessing HYDROPORT
3.2. The username is chosen by the User. The password is sent by vRh to the User at the address they specify (see also point 3.1 below). vRh may issue guidelines in this regard. The User hereby acknowledges and accepts that they are solely responsible for any use of the identification details and that vRh has no control over their use.
3.3. The HYDROPORT contract shall be deemed concluded once the password has been issued.
3.4. Anyone who has logged in using identification details as described under point 3.1 above shall be considered a holder of rights of use vis-à-vis vRh and all other HYDROPORT Users.
3.6. The User shall acknowledge unreservedly all transactions that have been made in HYDROPORT using their identification details.
4. Due diligence obligations on the part of the User
4.1. The User shall be obliged to change, immediately on receipt, the first password provided to them by vRh, and to change it regularly thereafter. The password must not consist of easily ascertainable combinations (e.g. date of birth, car number plate, etc.).
4.2. All identification details must be kept confidential and secure.
4.3. If there is any reason to suspect that unauthorised third parties may have gained knowledge of any part of the identification details, the User must change or block the relevant identification details immediately.
4.4. The User must impose an obligation to exercise the same due diligence upon all other individuals they give authorisation to.
5. Use of HYDROPORT
6. Backing up and archiving HYDROPORT data
6.1. The data belonging to the contracting party shall be backed up and archived by vRh on servers in Switzerland. This shall not apply for usage by the User on their own servers, conducted in accordance with a separate written agreement.
6.2. On termination of the HYDROPORT contract, the User shall receive a copy of their data on a conventional storage medium and program, the nature of which shall be determined by vRh, provided the User has not already saved the data to their own
7. Annual fee
8.1. vRh shall provide no warranty for the accuracy or completeness of the data, information, messages, etc. administered by HYDROPORT (hereinafter referred to collectively and individually as "Data").
8.2. The User shall be solely responsible for the accuracy and completeness of the maintenance information entered.
8.3. Any Data belonging to vRh or third parties, which is accessible via HYDROPORT, shall be non-binding and in particular shall not constitute a binding offer unless expressly identified as such.
8.4. vRh shall exclude all warranty claims to the extent permitted by law.
9.1. vRh shall only be liable for direct losses that are caused by its management bodies either deliberately or as a result of gross negligence.
9.2. Liability for vicarious agents and auxiliaries shall be excluded entirely.
9.4. Under no circumstances shall vRh be liable for indirect damage or losses and/or consequential losses such as lost profits, third-party claims, etc.
9.5. vRh shall accept no liability for end devices belonging to the customer, their Users or third parties (e.g. computer, mobile phone, etc.), for technical access to HYDROPORT or arising from technical access to HYDROPORT or for any third-party goods or services that are offered or marketed via HYDROPORT.
9.6. HYDROPORT is provided via an open network that is, in principle, accessible to anyone (e.g. Internet, telephone network, etc.). vRh shall accept no liability for any damage or losses that may arise from the use of the open network. In particular, vRh shall not be liable for damage or losses sustained by the User and/or third parties as a consequence of transmission failures, technical defects, faults, interruptions and delays (including but not limited to during processing), illegal interference with or overloading of equipment belonging to network and/or telecommunications providers, malicious blocking of electronic access, or faults, interruptions or other deficiencies on the part of the network and/or telecommunications providers.
9.7. In the event that security risks are identified, vRh shall reserve the right to interrupt and/or block access to HYDROPORT without prior notice, at any time and for the period deemed necessary by vRh, until
such time as the risks are eliminated. vRh shall also be entitled to interrupt access to allow maintenance to be carried out. vRh shall not be liable for any damage or losses caused as a result of such interruptions or blocks.
10. IP rights associated with HYDROPORT
10.1. All copyright, trademark rights and other intangible property rights associated with HYDROPORT (in particular those concerning design, concept, portal and software) and with other related services (comprising in particular the IT infrastructure including network, servers, operating systems, memory, etc. and the software applications running on these, together with relevant source material) are the unrestricted and exclusive property of vRh and its licensors.
10.2. The User shall not be entitled to make available to third parties the services that are the subject of the contract without prior written permission from vRh.
10.3. vRh shall have the exclusive right to operate HYDROPORT worldwide.
11. Handling HYDROPORT Data
11.1. vRh shall handle HYDROPORT Data with the level of care that is customary in the course of business. vRh shall protect this Data against misuse and loss and shall implement the necessary technical and organisational measures in accordance with the Federal Data Protection Act (Bundesgesetz über Datenschutz). vRh shall, however, not be liable for breaches of data protection regulations which arise as a consequence of unlawful and/or unauthorised access and/or manipulation on the part of third parties and/or the User.
11.2. vRh shall not share with third parties any information concerning the User's HYDROPORT Data. This shall not apply in the case of surrender claims based on legal provisions.
11.3. The User shall be solely responsible for ensuring that the Data they use and circulate as part of the service is lawful, accurate and complete.
11.4. The User alone shall be entitled to their HYDROPORT Data and may request at any time that vRh surrender some or all of their Data (on a conventional storage medium and program, the nature of which shall be determined by vRh). vRh shall have no rights of retention of any kind, but shall be entitled to create a copy for evidence purposes, if required. The Data shall be surrendered, at the User's option, either by physically handing over the data storage devices or by sending them to the address specified by the User at the time of their registration. The User shall have no right to receive the software required for using the Data, or any other tools.
11.5. Insofar as it is necessary for the development and/or maintenance of HYDROPORT, vRh shall be entitled to process the User's HYDROPORT Data and to share it with development partners. The development partners shall be subject to the same data protection regulations as vRh.
11.6. The User hereby agrees to vRh processing their Data in anonymised form for internal statistical purposes.
12.1. vRh shall take appropriate precautions to guard against loss of data and to prevent unauthorised third parties from accessing the User's HYDROPORT data, provided HYDROPORT is not being run on the User's
12.2. Owing to the encryption methods used, it is essentially impossible for any unauthorised party to view the HYDROPORT Data. Nevertheless, even the most state-of-the-art security measures cannot provide a guarantee of complete security.
12.3. The User shall be aware of the following risks in particular and shall bear the consequences of them:
- Insufficient system knowledge on the part of the User
- Inadequate security precautions on the part of the User
- Unauthorised access (hacker) to the User's system environment
- Consequences of damage caused to HYDROPORT by computer viruses and similar events within the User's system environment.
13.1. The User may only request that access to HYDROPORT be blocked during normal hotline service hours. The block may only be lifted again in response to a written request sent to vRh by the User.
14. Involvement of third parties
14.1. As provider and operator, vRh shall be entitled to involve third parties in the operation, maintenance and further development of HYDROPORT.
15.1. The User may terminate the HYDROPORT contract at any time. The User shall have no entitlement to a pro-rata refund of the paid-up annual fee.
15.2. vRh shall be entitled to terminate the HYDROPORT contract by giving 30 days' notice to the end of a month.
15.3. In the event that a User is found to be in serious breach of this contract, in particular in the case of late payment of an annual fee which is due or as a result of infringement of proprietary rights, vRh shall be entitled to terminate the HYDROPORT contract without notice and to block access.
17. Applicable law and place of jurisdiction