Terms and Conditions The following terms and conditions govern the relationship between Unicorn Property AG – Rubickon department, Immensee (hereinafter referred to as the operator) and the user of the services provided by Unicorn Property AG – Rubickon department, Immensee (hereinafter referred to as the customer). 1. Application and commencement of contract These General Terms and Conditions apply to all contractual relationships relating to the services offered by the operator, regardless of whether the contract is concluded online, in writing, by email, or verbally. The contractual relationship between the operator and the customer comes into effect immediately after booking a service. Agreements made with the customer that may contain conflicting rates, terms and conditions, offer descriptions, etc. take precedence over these General Terms and Conditions.
2. Use The services may only be used for business purposes. The customer must also carry out their activities within the legal limits. In the event of unlawful or improper use, the operator reserves the right to discontinue the service.
3. Relationship and disclosure The customer undertakes not to give third parties the impression that his actions are attributable to the operator. If, due to incomplete or incorrect information or for other important reasons, there is a legitimate interest in protecting the Operator's own interests and those of its employees and affiliated third parties or companies, the Operator is entitled to disclose to third parties that it is acting as a service provider for the Customer.
4. Order rejection The operator is entitled to reject orders without giving reasons.
5. Type of communication The customer agrees to communicate with the operator electronically via email and declares that they are aware of the risks associated with this method of communication.
2. termination 2.1 Ordinary termination A general notice period of 3 months applies. Termination can only be effected at the end of the year by registered letter. 2.2 Extraordinary termination Extraordinary termination may occur for important reasons. Important reasons for extraordinary termination without notice include, in particular:
invoices are not paid in full or in part despite a grace period of 10 days;
the services provided to the customer are used in breach of contract;bankruptcy proceedings are initiated against the customer. The operator reserves the right to terminate a contract without notice for other important reasons.
3. Scope of services The scope of services is determined by the applicable rates selected at the time the order is placed and can be found at www.rubickon.ch. 3.1 Availability of services The operator shall endeavor to provide its services reliably. The respective state of the art shall serve as a guideline in this regard. However, the operator reserves the right to restrict or interrupt services for the following reasons:
Maintenance work or other necessary work;
Failures or malfunctions
All acceptance points are occupied due to temporary overload;
Other reasons beyond the operator's control.
Uninterrupted provision of services cannot be guaranteed and does not constitute grounds for termination or price reduction. Any interruptions will be remedied as quickly as possible within the operator's capabilities. If prolonged restrictions or interruptions are to be expected, the operator will inform the customer immediately. 3.2 Accuracy and completeness of information The operator accepts no liability for information that is not communicated to its employees in a complete or accurate manner. Similarly, the operator accepts no liability for information that is not understood completely or correctly by its employees and is communicated to the customer. 3.3 Confidentiality All information that becomes known to the operator in the course of its activities will be treated confidentially within the scope appropriate to the circumstances and will only be passed on to third parties at the express instruction of the customer. This does not apply to court orders to disclose information.
4. Customer obligations 4.1 Up-to-date customer data During the contractual relationship, the customer is responsible for ensuring that their data is up to date. They must also inform the operator in an appropriate manner in the event of prolonged absence. 4.2 Retrieval of information and ensuring receipt The customer is responsible for retrieving their messages regularly. Furthermore, the customer bears sole responsibility for ensuring that all devices used to receive messages are in working order and capable of receiving messages.
5. Rates and conditions 5.1 General The rates applicable at the time the order is placed are available at www.rubickon.ch. The operator reserves the right to adjust the rates at any time. If the rates increase to the detriment of the customer, the customer is entitled to extraordinary termination; otherwise, the rate adjustment shall be deemed approved no later than 10 days after notification of the new rates. Unless otherwise indicated, all rates are in the respective local currency and exclude applicable VAT. 5.2 Tariff changes The customer can change their tariff at any time. The new tariff will take effect on the first day of the following month. 5.3 Usage-based rates Billing for usage-based rates consists of a monthly base fee for the provision of the service and usage-based service fees. 5.4 Invoicing and delivery Invoices are issued monthly and include the basic fees and any usage-based fees in accordance with the current rates. Invoices are sent by email. If the customer wishes to receive an invoice by post, they must notify the operator separately. The operator charges a fee of CHF 3.50 for sending invoices by post. 5.5 Payment terms and default Payments shall be made free of charges and deductions in such a way that the operator has access to them within the payment period specified on the invoice. If payment is not made on time, the operator is entitled to charge interest on arrears at a rate of 5% p.a., a fee of CHF 5.00 per reminder, and all expenses (including the involvement of a debt collection agency, address searches, collection fees, etc.) incurred as a result of the late payment. Furthermore, the operator is entitled to suspend the provision of services until outstanding invoices have been paid in full. 5.6 Prohibition of offsetting The offsetting of claims is generally excluded.
6. Data protection 6.1 Collection and use of data The operator collects, stores, and processes data that is necessary for the fulfillment of the order on the one hand, and for logging the services used and billing on the other. 6.2 Storage and transmission of data Data is stored and processed in accordance with data protection regulations. Data is entered and transmitted in encrypted form via an SSL connection. 6.3 Deletion of data The customer has the right to request the irrevocable deletion of their data at any time. Deletion is subject to a fee. Contrary legal requirements remain reserved.
7. Liability 7.1 Disclaimer If agreed services are not provided, are incomplete or are provided late, and this is demonstrably the fault of the operator, the operator's liability shall be limited to refunding a reasonable amount of the fees paid. Liability for lost profits, loss of orders, loss of data, or similar, as well as all consequential damages, is explicitly excluded. If the operator acts on the instructions of the customer or if the customer fails to fulfill their obligations, the operator's liability is explicitly excluded. This disclaimer does not apply if the operator acts intentionally or with gross negligence. 7.2 Data security The customer acknowledges that data security cannot be guaranteed absolutely. The operator shall not be liable—unless acting with gross negligence or intent—in connection with the theft, improper or abusive use, deletion, alteration, or other damage to data. This applies in particular if third parties or malware of any kind use, damage, steal, or alter data without authorization. 7.3 Joint and several liability The shareholder and managing director are jointly and severally liable with the client.
8. final provisions 8.1 Changes to the Terms and Conditions The operator may make changes to the Terms and Conditions at any time without prior notice. The operator shall inform the customer of any changes to the General Terms and Conditions by email. If the General Terms and Conditions change to the detriment of the customer, the customer is entitled to extraordinary termination; otherwise, the change to the General Terms and Conditions shall be deemed approved no later than 12 days after notification of the new General Terms and Conditions. 8.2 Severability clause If parts or individual formulations of these General Terms and Conditions do not reflect the applicable legal situation, do not reflect it completely, or no longer reflect it, the remaining parts shall remain unaffected in their content and validity. 8.3 Applicable law and place of jurisdiction Swiss law applies exclusively. The place of jurisdiction is Schwyz SZ. However, the operator has the right to take legal action against the customer at the competent court of their place of residence or at any other competent court.