General information and scope of application

1. These General Terms and Conditions (hereinafter referred to as GTC) are an integral part of every contract with colada group GmbH, Schweizersbildstrasse 35, CH-8207 Schaffhausen (hereinafter referred to as colada) and its customers.
2. Contractual relationships that arise between colada’s customers and third-party providers in connection with services and deliveries by colada are also subject to the terms and conditions of these third-party providers.
3. Any provisions or agreements deviating from the agreements made here shall only be effective with the express written consent of colada. In addition, all amendments must be made in writing. This also applies to amendments to this written form clause.
4. colada is entitled to amend or supplement these GTC at any time. The current version is linked at https://www.colada.info.
5. We may update these Terms and Conditions to reflect changes to our business practices. If we make material changes, we will notify you by means of a notice on this website prior to the changes becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

1. Unless otherwise stipulated in contracts or service descriptions, a contract is tacitly concluded when colada undertakes acts of performance in response to an offer from the customer.
2. colada reserves the right to reject the application to conclude the contract at its own discretion and without giving reasons.
3. All delivered services (applications), services and goods remain the property of colada until the purchase price has been paid in full.
4. If a customer defaults on payment, colada shall be entitled to withhold, reclaim or take back services and goods delivered or to be delivered in order to secure its own rights. This right also extends in particular to services and goods that exist under other contracts with the customer.
5. If a customer is in arrears with payments, colada shall also be entitled to suspend any services, in particular those from other contracts, indefinitely or completely, provided that the customer has been given reasonable notice of this measure.

Retention of title and conclusion of contracts

1. colada’s obligations to perform are set out in these GTC, the service descriptions of the respective applications or services concluded with the customer with reference to these GTC.
2. The customer has no claim to free additional services, insofar as they exist at the time the contract is concluded.
3. colada is also entitled to convert free services into chargeable services. The customer must be informed of this by colada within a reasonable period of time
4. colada is entitled at any time to have the services incumbent upon it performed in part or in whole by expert employees or third parties.
5. This applies to all contracts and for the entire duration of the contracts between colada and the customer.

Performance obligations

1. Insofar as the customer publishes its own Internet offers within the scope of the services provided by colada as Service Provider SP or Application Service Provider, the customer must ensure that neither Swiss law nor the law – in particular copyright law, data protection law and competition law – of its home country is violated.
2. colada reserves the right to block websites stored by or on behalf of the customer at any time, in particular if colada is requested to do so by government bodies.
3. If the customer can prove the harmlessness of the content without hesitation, colada will reactivate the corresponding domains or services.

Third party rights

1. The customer assures that all information provided by him is true and complete.
2. If the customer receives access data and passwords, he shall store them with the utmost care in order to prevent misuse. The customer is expressly required to change the passwords regularly. As soon as the customer becomes aware that his access data has been exposed to unauthorized use or has become accessible to third parties, he shall inform colada immediately.
3. If the customer publishes its own offers as part of the services provided by colada, colada expressly draws the customer’s attention to the fact that it is responsible for the content, in particular also contributions by third parties, and must clearly document this to the outside world by means of suitable measures on its website.
4. The customer shall ensure that the infrastructures of colada and its partner companies are not misused. This applies to unauthorized intrusion into other areas, to port scanning, hacking, as well as to the unsolicited sending of electronic mails (SPAM), to the provision of illegal content (e.g. music piracy, software piracy, child pornography) and/or fanatical, politically extremist, illegal or legally questionable content. For the provision of erotic content, the customer must observe the statutory provisions, in particular the protection of minors.
5. The customer undertakes not to place an unreasonable load on the infrastructure provided by colada, in particular servers.
6. Violations of the terms of use and the agreements in the GTC may lead to termination without notice for good cause and/or claims for damages on the part of colada.

Obligations of the customer

1. The services to be provided shall be agreed between colada and the customer prior to the commencement of their provision. The customer shall receive a service description of the software to be developed and an associated offer.
2. Unless otherwise agreed in the offer, payment for the services to be provided by colada shall be made in three parts. The first part is due upon commencement of the provision of the same, the second upon delivery and the third after a test phase specified in the offer (usually after 2 weeks).
3. Subsequent changes to the scope of services are subject to a charge for the customer. The changes shall be recorded by colada in a new offer. This shall also constitute a new contract.
4. Service and support within the scope of the ordered services do not have to be explicitly offered, but are billed regularly, usually monthly, on a time and material basis via so-called tickets.
5. The copyright to all services and developments developed by colada shall remain with colada unless otherwise agreed in writing. The customer may neither resell these nor release them in whole or in part for use by third parties.
6. The services and deliveries to be provided by colada shall be provided with a production date in the offer. colada shall be bound by this date.
7. If the customer is in default with the provision of agreed data and services, this implementation period shall be extended appropriately, at least by twice the duration of the delay in delivery on the part of the customer.
8. If the customer operates a landing page, event portal, participant registration or similar application as part of the services provided by colada, colada shall ensure that availability is kept as high as possible. colada accepts no liability whatsoever if possible disruptions to availability are beyond colada’s control (fault of third parties, force majeure).
9. Every month, 1% of the operating time can be spent on maintenance work; no availability can be guaranteed for this time.
10. colada is entitled to use newer and/or other technologies, procedures and servers to provide its services at any time, provided this is reasonable for the customer and does not result in any disadvantages, or unless the customer has been expressly assured otherwise in writing. In particular, the customer has no right to the use of specific IP addresses.

Software development and ASP

1. If colada registers and/or maintains Internet domains as part of the provision of its services, colada shall only act as an intermediary between the customer and the respective registry.
2. colada has no influence whatsoever on the allocation of domains. colada does not guarantee that the domains ordered by the customer will actually be registered for the customer. If the customer specifies several domain name variants in corresponding orders, colada is free to choose from these alternatives.
3. If the customer is requested by a third party to give up domain names, it shall inform colada of this immediately.
4. The customer shall expressly indemnify colada against claims for compensation by third parties that are based on the unauthorized use of Internet domains and names.

Domains and registrations

1. colada is entitled to refuse to provide any service to the customer if the customer is more than 4 weeks in arrears with the payment of an invoice. If colada refuses to provide services for this reason, this shall not justify any right to a reduction on the part of the customer.
2. colada is entitled to restrict or refuse services if it learns of a deterioration in the customer’s financial situation. It may make further performance dependent on corresponding security in the form of an advance payment.
3. If the customer breaches its contractual obligations, colada shall be entitled to restrict or suspend its services.
4. A blocking or restriction does not automatically include a termination of the contractual relationship and does not release the customer from his obligation to perform or from other obligations (e.g. liability).

Refusal of service and blocking by colada

1. A minimum contract term of 3 months applies to term contracts within the scope of the services provided, unless expressly stated otherwise in the offer.
2. This does not affect the contract terms for registrations (which are contractual agreements between the customer and the registries).
3. The notice period agreed in the offer is decisive for ordinary termination. If no notice period is specified in the offer, a notice period of one month to the end of the quarter applies to open-ended contracts, and a notice period of three months to the end of the contract year applies to annual contracts. The notice periods apply equally to the customer and colada.
4. The right of the customer and colada to terminate the contract for good cause remains unaffected by this. colada may exercise this right in particular if the customer culpably breaches one or more of the duties or obligations set out in this agreement.
5. The termination must be made in writing to be effective.

Contract duration and termination

1. colada shall be liable for damages caused intentionally or negligently, up to a maximum of the order value. Liability and compensation claims arising from the non-availability of applications and websites are limited to the amount of the order value (one year’s rent). Liability for personal injury remains unaffected by this. The same applies to liability based on statutory provisions. This provision shall apply to colada and all colada employees, as well as to all vicarious agents acting on behalf of colada and appointed by colada.
2. Liability for all other damages, in particular consequential damages, indirect damages and damages resulting from loss of profit, is generally excluded.
3. The customer undertakes to indemnify colada internally against all possible claims by third parties that are based on unlawful actions by the customer or errors in the content of the information provided by the customer. This applies in particular to copyright, data protection and competition law infringements.

Liability and indemnification

1. The contracting parties shall maintain confidentiality with regard to all information and documents relating to the contractual relationship concluded.
2. The duty of confidentiality shall remain in force even after termination of the contract.
3. colada undertakes to store documents, data and information from and about the customer carefully. colada explains further details in its privacy policy in the currently valid version. This is available for inspection in electronic form at http://www.colada.info.

Data protection and confidentiality

1. Swiss law shall apply exclusively.
2. The place of jurisdiction is Schaffhausen.
3. Should one or more provisions of this agreement be or become invalid or unenforceable or should the contract contain a loophole that needs to be filled, this shall not affect the validity of the remaining provisions.
4. The invalid and/or unenforceable provision and/or the loophole shall be replaced by a provision which comes as close as possible to the economic purpose of the agreement and which both parties would have agreed if they had been aware of the invalidity or unenforceability of the provisions.