GENERAL TERMS & CONDITIONS

Scope of General Terms and Conditions
1. These general terms and conditions (“GTC”) govern all contractual relations between MOASE Solutions AG, Industriestrasse 47, 6300 Zug, Switzerland (“MOASE”) and the customer purchasing services online from www.tikktakk.net (“Website”) (“Customer”) (collectively the “Parties”).
2. MOASE will provide the Customer with the services as set out on the Website and as explained in detail in the help manual www.tikktakk.net/de/help/ (“Services”) (“Help Manual”) which will include in particular the following: license to use the Services (including an user interface), access to web-based online platform, encryption, transmission, access and storage of data on MOASE’s or MOASE’s subcontractors’ servers.
3. The Services are addressed and offered solely to legal entities, liberal professions or self-employed Customers purchasing the Services for business use.
4. These GTC also apply to future contractual relations between the Parties, even if they were not expressly reconfirmed.
5. Opposing terms or conditions that are submitted as part of orders or in any other way are rejected without exception. Any change or modification of the GTC and/or the Contract as defined in section must be confirmed in writing by MOASE before such can enter into force.
Conclusion of Contract and Offers
1. The Contract concluded between the Parties consists of the following documents: (i) GTC, (ii) Help Manual and (iii) the online order request (“Contract”). In the event of contradictions between the provisions of the contractual documents in this section , the provisions thereof shall apply in the order of priority given from (i) to (iii).
2. The Contract is concluded between the Parties when these GTC are accepted during the ordering procedure by the Customer ticking the “I accept” button and such order is confirmed by MOASE. An order unconfirmed by MOASE does not constitute a Contract.
3. All offers on the Website are non-binding and subject to change at any time. MOASE may implement changes to the Services, Website and/or Help Manual at any time, including significant or complete modifications as well as temporarily or permanently ceasing publication.
License
1. MOASE grants the Customer a non-exclusive license to use the Services world-wide for internal business purposes (“License”) in accordance with the Contract.
2. The Customer shall not transfer, sublicense or make available the License to third parties. Further the Customer shall not reverse engineer and/or copy any features and functions of the Services.
Customer Business Data and Data Security
1. The Customer is responsible for the activities occurring under her/his user account and password and shall report any loss or misuse to MOASE. The Customer agrees to store the password and other access data in a safe place and keep this data out of reach of third parties. The Customer is not allowed to let third parties use her/his access data.
2. The Customer shall comply with all applicable national and international laws when using the Services. The Customer shall e.g. not send, store and/or use data and materials in connection with the Services which are unlawful, contain software viruses/worms/Trojan horses or otherwise interfere with the integrity and performance of the Services.
3. The Customer shall have the sole responsibility for the accuracy, quality, integrity, lawfulness and right to use of all data as used in connection with the Services (“Customer Business Data”).
4. MOASE guarantees a state of the art level of security by encrypting the Customer Business Data and saving it in duplicate in two geographically separate computer centers. Moreover, MOASE is in compliance with the applicable data protection laws. The Website and the Help Manual provide further details.
Pricing
1. The fees payable for the Services are set out on the Website or otherwise indicated by MOASE (“Fees”). MOASE reserves the right to reduce or increase the Fees at any time in its sole discretion.
2. All Fees are exclusive of value added- and goods-, services-, sales- and similar taxes ("Sales Taxes"). MOASE shall be entitled to charge any Sales Taxes due and payable on the performance of transactions envisaged by this Contract in accordance with the applicable laws and at the statutorily applicable rate to the Customer and the Customer shall pay such Sales Taxes in addition to the Fees payable under this Contract for such performances.
3. The registration of the Services is free of cost and 250 basic points to use the Services are provided also free of charge as a welcome gift. Once the basic points are used up, then further points for additional storage space can be bought by way of subscribing to monthly or annual packages with monthly or annual cancellation periods as set out on the Website or otherwise indicated by MOASE.
4. MOASE charges and collects the Fees in advance. Once MOASE has received payment from the Customer, the Services are cleared for use.
5. MOASE will automatically renew and charge/invoice the Customer upon expiry of the respective monthly or annual package in accordance with the chosen method of payment.
6. In the event of non-, delayed or return of payment MOASE reserves the right to suspend or terminate the Contract and the Customer’s access to her/his account. The Customer must refund MOASE for any bank charges relating to payments that are returned.
7. The setting off of any amounts is subject to MOASE’s prior written consent.
Methods of Payment
1. The Customer may decide to pay by one of the payment methods as offered on the Website or as indicated otherwise by MOASE.
2. Payment is executed through a suitably certified third party and solely for the purpose of future point purchases her/his credit card data profiles will be stored in the administration section of the Website.
Warranty
1. MOASE warrants that the Services will perform substantially in accordance with the description on the Website and in the Help Manual under normal use and circumstances.
2. To the extent permitted by applicable law, all other warranties and remedies whether implied, express or statutory, other than the ones provided in these GTC shall be excluded, including (non-exhaustive list) that the Services will be free of errors, timely, accurate, un-interrupted or operate in combination with certain other soft- and hardware and warranties for accessibility and availability of the Services, merchantability, fitness for a particular purpose or non-infringement of third party rights, etc.
Limitation of Liability
1. MOASE aggregate liability for direct damages as established by a court judgment shall not exceed five times the value of the Fees paid by the Customer in the twelve months immediately preceding the event giving rise to a claim by Customer or CHF 750 or its equivalent in local currency whichever is the lower value.
2. To the extent permitted by applicable law, MOASE under no circumstances will be liable for incidental, special or consequential damages resulting from the use of, or inability to use the Services, the Website, its site materials, downloads, etc. The same applies to third party materials, products or services made available through MOASE's websites.
3. In cases of gross negligence or intent the limitations on liability according to sections and shall not apply and MOASE shall be liable in accordance with the statutory provisions.
Indemnification
1. The Customer shall hold MOASE harmless from any third party claims, costs, damages, losses, liabilities and expenses (including attorney’s fees and costs) arising out of or in connection with the Customer Business Data as used under the Services.
Termination of Services
1. The Contract between the Parties is concluded for an initial term as indicated during the online registration and account activation process. Upon expiry of the initial term, the Contract will be renewed automatically for successive terms equal in duration to the initial term.
2. The Parties may terminate the Contract by notifying the other party in writing with regard to monthly packages 5 business days and with regard to annual packages 30 business days prior to the expiry of the initial term or any renewal term.
3. MOASE may terminate the Contract for cause with immediate effect and therewith the access to the Services in the event of a material breach of the Contract or these GTC respectively by the Customer.
4. MOASE may at any time terminate in its sole discretion a free account with immediate effect.
5. Upon request of the Customer within 30 business days since the termination, MOASE will make available the Customer Business Data to the Customer. Thereafter, MOASE has no obligation to retain the Customer Business Data and it will be deleted. It is therefore the Customer’s obligation to request the Customer Business Data within the indicated deadline.
Intellectual Property
1. Any and all intellectual property and other rights in the Services, Website and Help Manual belong exclusively to MOASE.
2. MOASE strives to respect third party trademarks and copyrights in every way possible. Any copyrighted material or trademarks used on any MOASE website remain exclusively governed by the rights of their respective owners.
3. Use of any contact information including addresses, telephone and fax numbers and E-mail addresses published on the Website for inclusion in directories or for transmitting unsolicited offers of any kind is strictly prohibited.
Miscellaneous
1. If any provision of the Contract is invalid or unenforceable, the remaining portions of the Contract will remain in full force and effect, and the Parties will replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic effect of the original Contract.
2. MOASE reserves the right to modify these GTC, the Services, Website and other materials relating to the Services at any time and in its sole discretion. The Customer will be informed by email about such modifications.
3. The Contract may not be assigned without the prior written consent of MOASE.
Applicable Law and Jurisdiction
1. This Contract is governed by the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sales of Goods of 11 April 1980 (“CISG”).
2. The Parties agree that the exclusive place of jurisdiction is the City of Zug, Switzerland. However they also agree that MOASE has the option to file action against the Customer at any other competent court of its own choice.

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Version September 2009

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