Terms and Conditions
1. Scope
These General Terms and Conditions (hereafter referred as “GTC”) apply to all services and products that Qynamic, a brand of Q-Digital Switzerland Ltd (hereafter “Qynamic”) provides to you. The nature and scope of the agreementual performance are governed by (i) the GTC, (ii) any special terms and conditions, (iii) price lists and (iv) relevant, applicable product information (all together the “Agreement”) which apply in the order of priority from (i) to (iv). These GTC replace all previous versions.
2. Services, equipment, SIM cards
Services: Qynamic provides telecommunication, ICT services and any third-party Services (hereafter “Services”) according to the relevant product information. The Services are exclusively provided for normal use, and with devices intended for this type of usage. You are responsible for using the Services in compliance with the applicable laws and agreementual provisions.
Equipment: You are responsible for your own devices and accessories, including installation, adjustment, keeping them in good working order, and compatibility with the networks and Services used. Equipment bought from Qynamic comes with the statutory guarantee and manufacturer-specific warranties. The right of rescission and reduction is excluded. The offer of a replacement device is subject to availability and cannot be guaranteed.
SIM cards: You are liable for all charges incurred by using the Services, even if the Services are used by a third party.
3. Obligations of Qynamic
Qynamic is free to choose the technical means used to provide the agreed performance, unless agreed otherwise by contract. Examples of these technical means include infrastructure, platforms, transmission technologies and protocols as well as user interfaces.
Qynamic makes every effort to ensure flawless quality in its Services. Service faults that are within the control of Qynamic shall be rectified as quickly as possible.
Qynamic is exempt from its obligation to perform in the case of force majeure. Force majeure is defined as any unforeseeable event or those events whose effect on performance of the contract is not within the sphere of control of either party to the Agreement.
Qynamic is not obliged to monitor the consumption of services. If a customer incurs excessive usage charges, Qynamic is entitled to inform the customer accordingly, but is not obliged to do so.
4. Prices and payment terms
Prices: Qynamic may make the provision of Services dependent on credit limits, prepayments, or security deposits. Information on prices can be found on www.qynamic.com and on the Qynamic App. Services are provided to you for normal use as defined in product information and on www.qynamic.com. If your usage behaviour exceeds normal use, Qynamic can take measures to ensure the best service quality for all customers. Purchased and payed services will not be reimbursed.
Services fees and usage-dependent rates can be changed without any prior notice.
Payment terms: All invoices for services and SIM cards are due after purchases is completed in the Qynamic App. Invoices must be contested in writing within 30 days of the relevant use. Otherwise, the charge is deemed accepted. Undisputed counterclaims may be offset. If you default on payment, Qynamic can without compensation suspend Services without further notice and/or terminate the Agreement immediately. Qynamic can appoint a collection agency to recover the amount, or sell the debt to third parties in Switzerland or abroad. Qynamic may charge you CHF 30. – for the first payment reminder and up to CHF 75. – for each subsequent reminder. You must also reimburse all costs incurred by Qynamic or collection agencies as a result of a payment default.
5. Customer data
Qynamic processes your data in the context of the provision of the Services, for the administration and management of the Agreement, for invoicing and to ensure the security of Qynamic and its partners infrastructure and high service quality. You entitle Qynamic to collect, store and process your data, and to share your data with third parties in Switzerland and abroad as part of administering the Agreement. Unless you limit or exclude the processing of your data for marketing purposes, Qynamic and/or its partners involved in the provision of the Services have the right to contact you in writing, by phone, email and SMS or App Push Messages. You can stop the processing of your data for marketing purposes at any time by writing to: Qynamic AG Bubenbergstrasse 1, 8045 Zürich Switzerland. You must inform Qynamic immediately of any change in your data relevant to the Agreement (in particular changes of name, address, payment details).
For Services provisioning and Services improvement reasons, Qynamic will perform a tracking based on the information from the Services usage on mobile networks.
Qynamic collects credit card information in order to provide the service. Collected information: Name on the credit card, expiry date and credit card alias. The credit card alias guarantees secure processing (PCI DSS standard) of credit card transactions (see also credit card alias). Credit card information is stored for recurring payments (Q-TopUps) and Q-SIM card orders and to identify the user.
6. Transfer of risk
The risk shall pass to you as soon as the consignment has been handed over to the person carrying out the transport. If dispatch is delayed or becomes impossible through no fault of ours, the risk shall pass to you upon notification of readiness for dispatch. The payment of the transport costs by Qynamic has no influence on the transfer of risk.
7. Unauthorised use
You are liable to Qynamic for the use of the Services and the associated rights, in particular in case of misuse of your devices or internet connections and/or SIM cards. To minimise the risk of misuse, account passwords and personal identification codes must be kept confidential. You must safeguard SIM cards and immediately notify Qynamic of any possibility of misuse. If you do not comply with this duty of notification, you shall be liable for all damages and costs incurred. For technical reasons, it is not possible to guarantee complete protection from unauthorised access or call interception by third parties. Qynamic cannot be held liable for any such event. You are not permitted to resell Services. Qynamic is entitled to deactivate immediately and without compensation all SIM cards that are used in any way not expressly foreseen in the Agreement. Services may not be misused, i.e. used in a way that is unlawful or in breach of the Agreement. The following in particular are regarded as abuse:
- any non-designated use of the Services
- reselling or free provision of Services
- establishing continuous connections or connections that result in direct or indirect payments or other consideration by third parties to the customer
- forwarding of connections to short codes or value- added service numbers
- distributing mass advertising or malware (harmful software)
- connecting non-compliant devices to the infrastructure
- unauthorized access or unauthorized use of data, systems and network elements
- overuse which could result in a system or network overload.
The resale or provision of services to third parties may only occur upon the prior written consent of Qynamic. Enterprises which are affiliated with a customer are also considered third parties within the meaning of this clause.
The customer shall indemnify Qynamic for third party claims that arise from an improper use of the services by the client. Should there be any abuse borne by the customer, Qynamic is to be informed immediately.
8. Limitation of liability
For damage caused by negligence, the liability of Qynamic is limited to the current value of the Services paid by you during the past 6 months, to a maximum of CHF 20’000.–. Qynamic excludes other liabilities, to the extent the law permits this. In particular, indirect and consequential damages (loss of profit, savings not achieved, suspension of usage, etc.), loss of data, and damage due to downloads are excluded. You are responsible for taking adequate measures to protect your devices and personal networks from unauthorised access. Qynamic accepts no responsibility for spamming, hacking, transfer of viruses and other attempts by third parties to enter the devices and personal networks used by you and any damage caused as a result. Qynamic accepts no liability for damages caused by a temporary or permanent interruption of the network or delay of Services. Qynamic is not liable and does not provide a guarantee for any services, goods and information supplied by third parties, even if Qynamic is entrusted with the collection of third-party debts. Qynamic does not accept any liability for force majeure or loss/damages for which Qynamic is not responsible or which occurred due to the blocking or termination of Services.
9. Intellectual property
Qynamic gives you, for the term of the Agreement, a non-transferable and non-exclusive right to use the Services according to the Agreement. All associated intellectual property rights stay in the sole ownership of Qynamic or the relevant licensor. You shall refrain from distributing digital content without valid permission or rights from the legitimate owner.
10. Term and termination
Term: The Agreement comes into force on the date you open up a Qynamic Account. Qynamic has the right to refuse to close an Agreement with you without giving any specific reason. Agreements are concluded for the minimum period of one month and will extend for subsequent 1month periods.
Termination: Unless stated otherwise, the Agreement can be terminated with 30 days’ notice at the end of the minimum period or any extension thereof. All terminations must be made through the Qynamic App. If you obtain several Services from Qynamic, each single Service(s) to be terminated need to be specified. When terminating a Service and/or Services and/or the Agreement you are not entitled to any reimbursement of charges paid. Qynamic is entitled to cancel all Services immediately and without compensation and to terminate the Agreement if you do not use the Services in compliance with the law or with the Agreement; or if the quality of the Qynamic Services or Services provided by third parties, is affected by your usage of the Service(s). SIM cards will be suspended in the event that no chargeable data connection occurs or no recharge is made for 180 days. Afterwards you can request reactivation of the SIM cards by contacting Qynamic.
If important reasons exist, Qynamic shall be entitled to terminate the Agreement with you for any individual Services contained therein immediately without giving notice. An important reason exists in particular if
- you do not pay the required deposit within the specified period
- there are indications that you are using the Services for purposes that are in breach of the Agreement
- a judicial authority orders Qynamic, with legally binding effect, to discontinue providing the Services to you
- the use of Qynamic’s or other party’s networks is impaired by you
- there is reason to believe that you made incorrect or incomplete disclosures when concluding the Agreement
- you are in repeated default of payment after having received several reminders
- predominant public interests require it
- there is any improper use within the meaning of the Agreement
Reactivation of a terminated Agreement may have cost consequences for you.
11. Amendments and assignability
Amendments: Qynamic may modify its Services and/or any parts of the Agreement at any time. You will be informed in an appropriate way, in case of essential changes. If you do not agree to essential changes made to part of the Agreement that are to your disadvantage you are entitled to terminate the relevant Services covered in the relevant part of the Agreement in writing within 30 days of receiving the notification. The changes are accepted if you do not object within this period. Any request by you to change the Services or handwritten modifications by you to the Agreement have no legal status unless approved by Qynamic in writing. You acknowledge that if the porting of your number to Qynamic fails for reasons that are not the fault of Qynamic, the Agreement remains valid with the transitional telephone number allocated to you. In this case you owe the contractually agreed subscription and usage fees, or alternatively the fee due for any premature termination.
Assignment: Any assignment of rights and obligations arising from the Agreement or from Services to third parties requires the prior written consent of Qynamic. Qynamic is entitled to transfer the Agreement to third parties and/or to assign such third parties the responsibility of providing the Services
12. Applicable law and jurisdiction
The Agreement is governed by Swiss law. The place of jurisdiction is Zurich.
Zurich, October 2017
Disclaimer
Liability for content
The contents of this website have been created with utmost care. However, Qynamic respectively Q-Digital Switzerland Ltd (hereafter “Qynamic”) cannot guarantee the accuracy and completeness of the contents. The responsibility and the risks connected with the use of the information contained in this website stays fully with the user. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by Qynamic without separate announcement. Qynamic endeavours the uninterrupted availability of the service. Despite all due care and attention, downtimes cannot be precluded.
Liability for links
Our website includes links to other web pages on whose contents Qynamic has no influence. Therefore, Qynamic cannot assume responsibility for any of these foreign contents. The respective providers are solely responsible for the content of these linked pages. At the time of including the links, the linked pages have been verified for eventual infringements and illegal contents and none was noticeable. Qynamic has no influence on the current and future content of the linked pages. Permanent monitoring of the content of linked pages is not reasonable, if there is no clear evidence for an infringement. In case infringements emerge, the corresponding links will immediately be removed.
Contractual relationship
The utilisation of the website of Qynamic does not constitute any contractual relationship between Qynamic and the user. Thus, no contractual or other claim results against Qynamic.