These terms and conditions are valid for the above-mentioned areas as well as the further services which the Company provides directly and indirectly to the customer.
The order is confirmed by the provider. The contract is concluded as soon as the order is received by the buyer.
For sales contracts, which are concluded in another way (e.g. by telephone, fax, or letter), these terms and conditions are also valid. Customers will be informed at the order confirmation screen how they can download the GTC on the internet.
The Company reserves the right to change prices at any time. The prices are valid at the time of the conclusion of the contract on the website “keyportal” or in accordance to the separate price list of the Company. For the customer, the prices at the time of the conclusion of the purchase apply.
The prices are indicated in USD. Value added tax and processing are included.
The conditions of promotions and discounts are available at the relevant page.
Liability and Activation Guarantee
The key will be shipped within 24 hours, but usually immediately after the order is received. If a key does not work, we will replace it immediately free of charge! (Activation with other/modified versions from the internet/retail may fail under certain circumstances. This happens very rarely, but if it does, you will get a new key immediately. So you have no risk).
The license is intended for one-time activation on one computer. The period of use is unlimited as long as the product is used on the same device. If the computer is reformatted, re-installed or changes are made to the hardware, there is no guarantee that the license key will continue to work on the device.
The delivery is completed with the electronic transfer of the license after the purchase. There is no shipping by mail.
The customer is obliged to pay the invoiced amount within 10 days from the invoice date. Unless he has already paid the amount during the order process via credit card, PayPal, TWINT, PostFinance e-finance, PostFinance Card or other payment systems.
If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not pay the invoice within the set reminder period, he is automatically delaying payment. From the moment of the delay, the customer owes interest on arrears in the amount of 5%.
The Company reserves the right to demand payment in advance at any time without giving reasons.
Offsetting of the invoiced amount against any claim the Client may have against the Company is not permitted.
The Company has the right to refuse the provision of services, the delivery of the product or the granting of the license in case of delayed payment.
Duties of the Company
Unless otherwise agreed, the Company shall fulfill its obligation by providing the agreed service.
The majority of the Company’s services are provided online. For all other services, the Company’s registered office shall be the place of performance, unless otherwise agreed.
Obligations of the Customer
The customer is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the safekeeping of his access data and passwords. The customer is responsible for the content of the recorded data and information.
The customer is obligated to immediately make all arrangements necessary for the Company to provide the Service. The customer shall make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include providing appropriate information and documentation to the Company.
By accepting these General Terms and Conditions, the customer also confirms that he has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and in accordance with the rights of third parties, morality and the law.
Retention of Title
The ownership of the products remains with the Company until full payment of the purchase price. Until then, the customer may not dispose of the products, in particular neither sell nor rent or pledge them.
The Company shall endeavor to ensure good availability and shall take reasonable precautions to protect keyportal from interference by third parties.
However, it cannot guarantee that keyportal and the services offered will function without interruption or malfunction, nor can it guarantee that the files are free of viruses. The Company does not guarantee the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and documents. It also cannot provide any warranty for non-spamming, malicious software, spyware, hacking or phishing attacks and so on, which may affect the use of the service, damage the infrastructure (for example the device or PC) of the customer or otherwise harm the customer. The Company cannot guarantee the factual and content accuracy, completeness and reliability or quality of the information and processes provided, published or transmitted, as well as the work result of the Services. Any problem or defect must be reported to the Company immediately.
The liability for any indirect damages and consequential damages is fully excluded.
Liability for direct damages is limited to the amount of the service, product or license purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
Intellectual Property Rights
All rights to the products, services and any trademarks are owned by the Company or it is authorized to use them by the owner.
Neither these General Terms and Conditions nor any related individual agreements shall include the transfer of intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making accessible of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited. Unless it is explicitly approved by the Company.
If the customer uses contents, texts or pictorial material in connection with the Company in which third parties have a property right, the customer shall ensure that no property rights of third parties are infringed.
The Company may process and use the data recorded in connection with the conclusion of the contract for the purpose of fulfilling the obligations arising from the contract. The Company shall take the measures required to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly forbidden it, the Company may use the data for marketing purposes as well as pass them on to its partners for advertising purposes. The data necessary for the performance of services may also be disclosed to contracted service partners or other third parties.
Furthermore, the data protection regulations apply.
These General Terms and Conditions can be changed by the Company at any time.
The new version comes into force by publication on the website of the Company.
The version of the General Terms and Conditions which is in force at the time of the conclusion of the contract is valid for the customers. Unless the customer has agreed to a newer version of the GTC.
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts, which specify the provisions of these GTC, take precedence over these GTC.
Should any provision of this contract or any supplement thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.
Both parties undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force even after the termination of the contract.
At our Company you can obtain used licenses from volume licensing agreements at particularly attractive prices. From a legal point of view, these licenses are to be treated in the same way as parts of volume licenses when purchased for the first time. Splitting volume licenses for the purpose of separate resale is legal.
Applicable Law / Place of Jurisdiction
These GTC are subject to Swiss law. Unless mandatory legal provisions prevail, the court at the registered office of the Company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.