General terms and conditions of business
Globastar AG (sipstar.ch) Status January 1, 2017
1. Area of application
Globastar AG offers services for Internet-
Telephony and hardware for natural and legal
persons. These general terms and conditions
(AGB) apply to all contracts between Globastar AG
(hereinafter referred to as "Globastar") and the contractual partner (in the
the following "Customer").
2. Services of Globastar
2.1 Globastar enables customers to access the following information via the Internet
telephone. For this purpose Globastar operates the
website www.sipstar.ch as well as the information necessary for the provision of this
services require technical equipment.
2.2 Content, scope and prices of the services of
Globastar can be viewed at any time at www.sipstar.ch
Globastar reserves the right to change the scope and
Content of the services and prices at any time
to change. Such changes do not require
explicit announcement or written or
2.3 Globastar undertakes to provide its services
carefully. To fulfill this
from Globastar state-of-the-art telecommunications equipment
is inserted. Should nevertheless errors or defects
Globastar undertakes to inform the public of any such occurrences within
2.4 Globastar is in a part of the services
depend on the services of third parties (e.g. ADSL/
cable Internet connection). Globastar is committed to
that these supplier services are performed in a flawless manner
quality and any defects caused by this quality assurance
be remedied within a reasonable period of time. Globastar
but is not responsible for interruptions in performance
or other restrictions imposed by these
suppliers are caused. In particular
Globastar will not be obliged to pay for
to provide a replacement service.
2.5 Globastar shall assign telephone numbers to the customers within
available to it by the authorities network operators
number blocks for exclusive, non
transferable use. The customers are granted within the scope of
of the Globastar offer a telephone number on request
assigned. The customer then pays the costs for the
Use of a phone number for 6 or 12 months in
In advance. If the number is not dialed within the time limit
is extended, the phone number is immediately
enabled. If the customer cancels before the term
he has no claim to the money he has received until the end of the
the minimum term fee paid in advance. It
there is no right to allocation or retention
a specific phone number. It does not go into the
property of the customer and can therefore neither be
sold, pledged, inherited or otherwise bequeathed to third parties
be transferred, unless Globastar expressly
agrees. Globastar will keep at their phone numbers the
Property right. Globastar can assign assigned phone numbers
or other addressing elements assigned by it
(e.g. IP addresses) without compensation or
change, if official, operational or technical
reasons require it.
2.6 Globastar provides the appropriate maintenance of the
performance. It takes fault reports on its hotline
towards. During the operating hours, it remedies
disturbances, which are within their sphere of influence,
within a reasonable period of time and with the information available to it
standing means. The costs can be charged to the customer
be charged, if the cause of the malfunction is not the
is the fault of Globastar.
2.7 Globastar may, in order to fulfil its contractual obligations
Obligations at any time involve third parties.
2.8. WARNING NOTICE
Internet telephony with Globastar is used as an additional alternative
to a landline or cell phone is recommended. The
Access to the geographically responsible emergency call centers
(e.g. police, fire department and ambulance emergency call) is off
technical reasons, we can only guarantee for calls that are
from the location indicated in the completed address
is defined in the customer's online Globastar account.
The same applies to the localization of the site
of the caller by the emergency call centers. The emergency calls
can accordingly be transferred under certain circumstances to the
wrong emergency call center or the location of the
Caller cannot be identified correctly.
3. services and duties of the customers
3.1 The customer is responsible for the legal and contractual
Use of the services of Globastar according to the
laws and the recognized Internet standards
responsible and liable Accordingly, all persons involved in
invoiced amounts for the use of the
services by the customer in advance to
3.2 The customer is responsible for the installation
of hardware and software. For questions around the
Globastar can be installed by telephone or in writing.
support. The customer is further responsible,
to give his name and address exactly and
possible changes in his Globastar account himself
change. This is especially important for the "telephone
Emergency calls" (see Chapter 2.8.).
3.3 The customer also has to pay the fees, which are listed in
the scope of the access and usage rights provided to him
Possible use by authorized or unauthorized persons
Use of the Globastar services by third parties
3.4 The customer bears the cost risk for all
used services. The customer commits himself,
Measures to minimize the risk
the unauthorized access of third parties to its
computer systems and data and to take
to obtain appropriate advice in this regard.
3.5 The customer shall take measures to prevent
from unauthorized interference with foreign systems and
the spread of computer viruses.
If a terminal device of the customer causes faults or
Damage to Globastar or third party equipment,
it can terminate its service provision without prior notice
without compensation and claim damages.
3.6 The customer is obliged not to use any services of
Globastar for the retrieval or distribution of moral or
to use illegal information and
no contents insulting, slanderous or
of an inflammatory character, and
no foreign protective rights (e.g. copyrights,
database rights, trademark rights, patent rights, etc.)
to be infringed. In case of infringement by the customer
against the above obligations is Globastar
all materials and data, which are published or distributed
violate the above provisions, to
and to take other measures to remove
to prevent infringements of rights.
3.7 Globastar assumes no responsibility for
Acts or omissions of the customer or of a
third parties who may have a liability of the customer or Globastar for
have consequences. The customer indemnifies Globastar from any
claims of third parties.
4. contract period, termination
4.1 The contracts come into force as soon as Globastar has
Registration of the customer online on the homepage
www.sipstar.ch has accepted, but in any case with
the use of the services by
the customer. The registration is handled by Globastar
confirmed immediately with an e-mail.
4.2 Globastar can confirm the acceptance of the customer application
4.3 The customer assures that the information provided by him within the
of the contract offer or the conclusion of the contract
information about his person and other information
circumstances relevant to the contract are complete and correct.
4.4 Unless the contract documents do not contain any
different, the duration of the contract is indefinite. Any
Contracting party may terminate the contract without
a period of notice, provided that no
minimum contract duration has been set. Possible
Call credit can be cancelled when the
Contract not refunded by the customer
4.5 If a minimum contract period is specified for contracts
agreed and the customer before its expiry the contract
the contract, he has no claim to the payments made until the end of the
Minimum term fee paid in advance, even if
he no longer uses the services.
4.6 Globastar is entitled to extraordinary termination
of a service, if third parties have contracts for
absolutely necessary for the provision of the respective service
preliminary products to Globastar through no fault of
4.7 Globastar expressly reserves the right to terminate the service
of the customer without notice, provided that
significant, lasting disruptions to the network of
Globastar threaten. Globastar further reserves the
right to take legal and moral action in the case of illegal and immoral behavior of the
customers to interrupt the service immediately.
Any remaining credit will not be refunded.
4.8 Globastar has an extraordinary right of termination without notice
Right of termination, if the customer has a significant
commits breaches of contract and this behaviour
not immediately despite a request by Globastar
omitted or, if necessary, reversed
makes. This includes the use of the services of
Globastar in fraudulent or otherwise criminal
relevant intention or the manipulation of from
Technical equipment made available to Globastar
and facilities. Any remaining balances will not be
4.9 Globastar reserves the right to return unused
to close Globastar accounts after 6 months.
Decisive for the calculation of this period is the last
call made via the customer's Globcom account.
Any remaining credit will not be refunded.
5. contract amendments
5.1 Globastar reserves the right to change its services, prices
and these General Terms and Conditions
at any time. Significant changes are
Globastar is known to customers in a suitable manner.
5.2 In the case of a contractually agreed minimum duration
the customers have the right to terminate the contract on
Date of entry into force of changes ahead of schedule
to terminate. Without termination, the changes are considered
approved by the customers.
5.3 Should tax or duty rates change
Globastar is entitled to adjust its rates accordingly
to be adjusted. In this case the customers have no right
for premature termination.
6. invoicing and terms of payment
6.1 The prices to be paid by the customer are based on
the respective current tariff list, which can be found at www.sipstar.ch
which can be viewed at . The price lists can be downloaded from
Globastar can be changed at any time.
6.2 The customer undertakes to pay the prices valid at the time
according to the agreed payment schedule and
to be paid in advance by credit card/bank transfer.
7. liability, warranty
7.1 Globastar stands by the customer for the careful
provision of their services. The failure to
of malfunctions and interruptions, the
uninterrupted availability of the
services and certain transfer periods or
Transmission capacities are provided by Globastar
not guaranteed. Globastar reserves the right,
to carry out maintenance work at any time, which
can lead to interruptions in operation.
7.2 In case of breach of contract Globastar is liable for the
proven damage, unless it is proven
that she is not at fault. The liability for damages
due to slight negligence is excluded.
7.3 Globastar is in no case liable for consequential damages,
financial losses, lost profits,
Loss of data caused by an interruption or
disruption of the service. It is also liable
not for damages as a result of illegal or contract-violating
Use of their services.
7.4 Globastar is not liable if the provision of
Performance due to unforeseeable events such as
Force majeure, official measures, failure
of telecommunication connections and other
Interruptions temporarily interrupted, partially limited
or is impossible. Force majeure shall include in particular
Natural events of particular intensity (avalanches,
floods etc.), warlike events,
Strike, unforeseen official restrictions,
Power failure, virus attack, etc.
7.5 Globastar cannot give any assurance and
assumes no liability for correctness,
completeness, topicality, legality and expediency,
availability and timely delivery of
Information, which can be accessed via the Internet connection
be made accessible. Globastar does not refund
fees and assumes no liability for
Damages from downloads.
7.6 Globastar is not liable for damages that
through unauthorized interference by the customer in the
Globastar's telecommunications network, the technical
Equipment or the customer's network infrastructure
have been created. Globastar is also not liable
for damages due to faulty, improper
Installation, operation or handling of the equipment required for
the use of the service required
devices or system components by the customer
or third parties commissioned by him as well as for damages,
which are caused by the lack of attention or compliance
in service descriptions or other information
product information, the instructions given and
provisions have arisen.
7.7 In the event of failures due to an outside
Globastar's area of responsibility ends disruption
the customer shall have no claims against
Globastar. Until the fault is eliminated, Globastar is available from
the fulfilment of its contractual obligations.
7.8 Globastar is not liable for all damages that
the customer through hacking or spamming.
If the proof of a hacker attack is provided by a
customers, Globastar will terminate the contract with this
Customers cancel without notice. Furthermore
Globastardas reserves the right to change any legal
and criminal proceedings against this customer
and compensation for damages in an appropriate amount
to demand from him.
8. orders and terms of delivery
8.1 For the business relationship between Globastar and
The following terms and conditions apply exclusively to the customer
Delivery conditions in their at the time of order
valid version. Deviating conditions of the
Orders are not recognized by Globastar.
8.2 When the customer places an order with Globastar
he receives an e-mail, which confirms the receipt of his order
and lists their details. The order
makes an offer to conclude a purchase contract
to Globastar. Globastar accepts this offer,
if she informs you by e-mail that the goods will be shipped
was. The contract is concluded with Globastar.
About products from one and the same order, which
are not listed in the shipping confirmation email,
no purchase contract is concluded. Globastar offers no
products for sale to minors.
8.3 Unless otherwise agreed, the delivery shall be
from stock to the delivery address indicated by the customer.
The delivery will be made by mail. Globastar accepts only
deliveries within Switzerland. Information
about the delivery period are non-binding, unless
exceptionally, the delivery date is bindingly promised
8.4 The orderer may for his part submit a written order (also by
EMail) or by returning the goods within
10 days after receipt of the goods the contract is revoked.
It is pointed out that Globastar may have to
by use of the thing resulted
depreciation in value can be retained.
8.5 Objections due to defects of the goods
can be returned within 10 days by sending
be asserted. If the review of the
defective goods, that the defects are due to culpable
behaviour of the buyer (e.g. damage by
improper treatment), the customer shall bear the costs for the
the buyer the costs of the replacement delivery.
8.6 In the case of the delivered goods, liability is limited to
a replacement delivery is limited. claims for
Cancellation of the contract or reduction
of the remuneration are excluded, provided that a
replacement delivery is possible within a reasonable period of time.
8.7 If the supplier of Globastar, despite contractual
Obligation Globastar not with the ordered goods
Globastar is entitled to withdraw from the contract. In
In this case the customer will immediately inform us about
informs that the ordered product is not available
stands. The purchase price already paid shall be immediately
8.8 The customer must pay the purchase price by credit card/debit card.
Bank payment in advance. The prices and
Shipping charges are always available at www.sipstar.ch
8.9 Insofar as Globastar negligently fails to fulfil a
duty is violated, the obligation to pay compensation for material damage is limited to
limited the typically arising damage.
The period of limitation is twenty-four months,
calculated from delivery.
8.10. The personal data will be processed by Globastar
confidential according to the data protection legislation
is treated. Globastar does not pass on data to third parties.
Under no circumstances will the data be used for third-party advertising
used or resold. Globastar is however too
obliged to cooperate, if it is necessary for legal reasons
is requested to provide customer information
9. applicable law and place of jurisdiction
This agreement is subject to Swiss
substantive law. Place of jurisdiction is Freienbach.
Mandatory places of jurisdiction remain reserved.
However, Globastar reserves the right to
also to prosecute at his place of residence.