Legal information
These General Conditions (hereinafter: «GC») govern the use of all fiber optic (FTTH)/wireless Internet connections and Internet services provided by Nimag Networks Sàrl (“Nimag”) to the customer.
Nimag’s offers may refer to these GTC, which then become an integral part of them. In the event of a conflict between the GTC and Nimag’s offer, the terms of the offer shall prevail.
«Nimag» means Nimag Networks s.à.r.l, CHE-101.045.709, Rue de Sébeillon 9 B, 1004 Lausanne, Switzerland.
«Client» means the natural or legal person who has concluded a Contract with Nimag.
« Contract » means the contractual relationship concluded with the Customer, which includes the General Terms and Conditions and the offer.
«Data» means information of any nature whatsoever that is transmitted over the Network and/or stored on a Server controlled by the Client and belonging to the Client.
« Personal Data » means the Client’s personal data within the meaning of Article 3(a) of the Federal Data Protection Act (RS 235.1; LPD), including sensitive data within the meaning of Article 3(c) of the LPD.
«Force Majeure» means circumstances beyond the reasonable control of a Party generally recognized by Swiss jurisprudence, including, without limitation, natural phenomena, government measures, acts of terrorism, demonstrations, fires, explosions, floods, epidemics, plant blockages, strikes or other labor disputes (whether these disputes involve employees of a Party or not), accidents, plant breakdowns, failures, delays or disruptions by carriers or telecommunications operators, power outages, network maintenance, the rupture or damage of cables, the impossibility or delay in obtaining appropriate or necessary supplies or equipment, seizure or other measures taken by or on the order of an apparently competent authority.
«Parties» means the parties to the Contract, namely Nimag and the Client.
«Benefits» means the services defined in Article 3 of these GTC and in the offer.
« Fees » means the fees due by the Client per monthly period as mentioned in the offer.
«Network» refers to the entire Swisscom AG fiber optic (FTTH) internet network.
«Territory» means the territory agreed upon between the Parties in the offer.
3.1 Within the scope of existing technical and operational possibilities, Nimag provides the Client with an Internet connection giving them access to the Network.
3.2 Nimag undertakes to do everything possible to ensure the maintenance of the Network access provided to the Client.
3.3 The Client declares that they are aware of the Services, having been able to review the details of these, their characteristics, Nimag's infrastructure, and network connectivity, and having been able to question Nimag in this regard, prior to signing the Contract.
3.4 The Customer therefore declares that the Services meet its needs, to the exclusion of any particular needs that have not been previously communicated to Nimag.
Nimag takes measures to protect the Network, to which it grants the Client access, against illicit intervention by third parties. Absolute protection against illicit access cannot, however, be guaranteed. Nimag shall not be held liable for such misuse.
5.1 In order to fulfil its contractual obligations and provide the services, Nimag reserves the right to call upon third parties at any time.
5.2 Subject to compliance with data protection rules (see Article 14), Nimag may delegate the performance of its obligations:
5.3 In case of subcontracting, Nimag's liability is limited:
5.4 The Client agrees that Nimag may use third-party networks to provide its services.
6.1 As part of the services, Nimag shall sell to the Client a router/transceiver/antenna (the «box») enabling access to the network.
6.2 The price of this equipment is included in a subscription taken out for a period of two (2) years.
6.3 Nimag guarantees that the equipment corresponds to the characteristics described in the provided documentation («Documentation»).
6.4 In accordance with Swiss law, equipment complies with the safety standards in force at the time of its placing on the market.
6.5 The equipment is covered by a two (2) year contractual warranty, provided that it is used in accordance with the Documentation. Any warranty claim must be submitted to Nimag within this period, accompanied by the required documents and a precise description of the defect.
6.6 The warranty begins on the date the contract is concluded.
6.7 The Customer must immediately check the equipment and report any defects immediately. Defects that appear after use must also be reported immediately.
6.8 In the event of a defect covered by the warranty, Nimag shall, at its discretion:
A replacement equipment can be provided temporarily. Any other right is excluded.
6.9 The warranty only applies upon presentation of:
Nimag may refuse warranty in the event of incomplete or inconsistent documents.
The warranty does not cover defects resulting from, but not limited to:
6.11 The equipment is supplied «as is». No other warranty is provided beyond those mentioned in these GTC or the documentation.
6.12 Nimag shall not be liable for any damage, direct or indirect, arising from the use or misconfiguration of equipment, unless proven gross negligence.
6.13 Nimag's liability shall in any event be limited to the purchase price of the equipment.
Clients are responsible for:
7.1.1 Customers are solely responsible for:
equipment necessary for the use of the services (cabling, router, computer, mobile device, browser, etc.).
7.1.2 Nimag does not guarantee the compatibility of services with all equipment or configurations.
7.1.3 Nimag declines all responsibility and will not reimburse any costs in the event of damage to the Customer's equipment, particularly in the event of non-compliant downloading or use.
7.2.1 The Customer must provide accurate information when entering into the contract.
7.2.2 The Client shall:
Passwords must be kept securely. The Client is fully responsible for their use.
7.2.3 The Customer must protect their equipment and data against any unauthorised access and prevent any risks (viruses, malware, etc.).
7.2.4 If the Customer's equipment causes damage to the network, Nimag may:
7.2.5 Nimag can control equipment to detect security flaws and require corrective measures. If the problem persists, the Client will have to modify or cease using their equipment at their own expense.
The Client is responsible for any use of their connection, including by unauthorized third parties. They must bear all costs associated with this use.
7.4.1 The bandwidth is suitable for standard professional use.
7.4.2 The Customer undertakes not to make excessive use of the connection (heavy downloads, continuous streaming, etc.).
7.4.3 Nimag reserves the right to limit or suspend connectivity in the event of misuse.
The Client undertakes not to:
In the event of proceedings or damage caused to Nimag due to non-compliant use:
The Client undertakes to actively collaborate with Nimag and its partners to enable the proper execution of the services.
8.1.1 Nimag undertakes to provide the services in accordance with the Agreement, with all due care and in accordance with current professional standards.
8.1.2 Nimag guarantees that it has all the necessary rights to provide the services.
8.1.3 Nimag guarantees compliance with the service and availability levels defined in the offer.
8.1.4 These guarantees do not apply:
8.1.5 Any other guarantee is excluded. Nimag, in particular, does not accept responsibility for:
8.1.6 Nimag offers no guarantees regarding:
8.1.7 The Client acknowledges that the services may be interrupted and depend on third parties (notably Swisscom).
8.1.8 Nimag does not guarantee the quality of the signal, streams or content accessed via the network.
8.2.1 The Client warrants:
8.2.2 Nimag may request written evidence concerning these guarantees at any time.
8.2.3 In case of doubt about legality or compliance with obligations:
It will inform the Client without delay. Nimag may also suspend any illegal content or in accordance with the order of a competent authority.
8.2.4 The Client undertakes to:
in the event of a claim, damage or proceeding related to a breach of its obligations.
9.1 The Client agrees that Nimag shall provide maintenance for the services and/or the network.
9.2 Maintenance is carried out in accordance with the service levels and availability defined in the proposal.
9.3 Nimag makes every effort to ensure the smooth operation of the network. Maintenance periods are not taken into account when calculating service availability.
9.4 The cost of maintenance is included in the royalties.
10.1.1 Nimag’s offers are non-binding. The contract only comes into effect upon acceptance and signature of the offer by the Customer.
10.1.2 The contract is concluded for an initial period of twenty-four (24) months from its signature.
10.2.1 At the end of the initial term, the contract will be automatically renewed for a period of twelve (12) months, unless terminated by either party with two (2) months' notice prior to the end of a month, by registered letter with acknowledgment of receipt.
10.2.2 In the event of early termination by the Customer, the Customer shall remain liable for the full amounts due until the end of the minimum contract term.
10.2.3 Each party may terminate the contract with immediate effect for just cause, including in the event of:
10.2.4 This right of termination applies only against the defaulting party.
10.2.5 When the situation can be rectified, the concerned party must:
If the termination only concerns part of the services, the other contractual provisions remain fully applicable.
11.1 The prices indicated in the offer are binding. The Customer accepts these prices when using the services provided by Nimag.
In the event of a rate reduction, Nimag reserves the right to simultaneously adjust:
11.2 Nimag reserves the right to adjust its prices in line with the Swiss Consumer Price Index.
11.3 Nimag also reserves the right to pass on to Customers any increase in costs, particularly those related to taxes or duties, and to adjust its prices accordingly.
12.1.1 The services are invoiced monthly.
12.1.2 The Customer is obliged to pay the fees in accordance with the prices defined in the offer.
12.1.3 All amounts are shown exclusive of VAT and any applicable taxes.
12.1.4 Fees remain due even in the event of temporary unavailability or deterioration of the services, unless terminated for just cause. The Client expressly waives any compensation between the amounts due to Nimag and any claims that it may have against it.
12.1.5 Invoices must be paid within the specified time period. In the absence of payment by the due date, the Customer is automatically in default.
The Customer may dispute an invoice in writing before its due date. In the absence of a dispute, the invoice is deemed accepted.
12.1.6 In the event of partial dispute, the undisputed portion of the invoice must be settled within the agreed timeframe.
12.2.1 In the event of non-payment or the absence of a dispute within the time limits, Nimag may, after a reminder that has been ignored:
A CHF 20.– reminder fee may be charged for each reminder. All fees related to late payment are the responsibility of the Client.
In case of payment by direct debit:
12.2.2 If the Client is late with payment or if Nimag has reason to believe that they will not meet their obligations, Nimag may suspend services until full payment of the amounts due is received.
Nimag may require:
if the Customer's solvency is uncertain or if the recovery of debts presents a risk.
In the event of refusal, Nimag may apply the same measures as in the event of late payment. Nimag may also offset its receivables against the guarantees provided.
13.1.1 The Client is solely responsible for the content (data, information, files):
Nimag accepts no responsibility for this content or any content accessible through the network.
13.1.2 The Customer undertakes not to distribute any content that:
13.1.3 Nimag cannot be held liable for these contents and reserves the right to take action against the Client in the event of damage.
13.1.4 The Customer undertakes not to misuse the services, particularly:
13.1.5 The Client acknowledges that Nimag is not involved in:
The Client is solely responsible for backing up their content and data.
The Customer must use the services:
13.4.1 In case of misuse or illegal use, Nimag may, at its sole discretion:
13.4.2 The same measures can be taken if:
13.4.3 In the event of termination for these reasons, the Customer remains liable for the amounts due.
13.4.4 The Client shall bear all consequences arising from non-compliant use, in particular:
Nimag is committed to respecting:
Technical and organisational measures are being implemented to ensure data security.
Nimag collects, stores and processes the necessary personal data:
The Customer agrees that their personal data may be used for:
Personal data may be transferred to third parties (in particular subcontractors) when necessary:
The Client authorises the transmission of their data abroad, provided that:
Certain data (such as IP addresses) may be automatically logged for technical and legal reasons.
Nimag also respects the obligations related to the surveillance of telecommunications. In the event of a legal or judicial request, certain data may be retained or transmitted in accordance with the law.
The Client authorises Nimag to use their data internally to ensure optimal service.
The data can be used to:
Nimag is committed to not disclosing personal data to third parties, except:
In the event of a third-party request, the third party will be redirected to the Client. If a transmission is legally required, Nimag will inform the Client as much as possible.
Nimag can engage external providers (e.g., customer support). These providers:
Nimag remains responsible for compliance with these obligations.
15.1.1 Throughout the term of the contract, the Client has the right:
to use Nimag's services and access the network.
15.1.2 All intellectual property rights (including:
relating to the services, equipment and network, whether existing or developed under the contract, remain the exclusive property of Nimag or its partners.
15.1.3 The Client undertakes to:
15.1.4 No intellectual property transfer is made between the parties. Any acquisition of rights through use is excluded during the term of the contract.
15.1.5 The Client is solely responsible for the rights related to the content that they broadcast via the network. In particular, they must obtain, at their own expense:
Nimag accepts no responsibility for this.
Subject to the payment of royalties, Nimag grants the Client:
allowing them to use the services, equipment, and network in accordance with the contract, within the defined territory and for the entire duration of the contract.
16.1 Nimag makes the Swisscom network available under the same conditions as those provided by Swisscom. Nimag cannot be held liable if Swisscom interrupts or ceases access to the network, regardless of the reason.
16.2 Nimag undertakes to provide a functional service to the extent possible. However, it does not guarantee continuous operation, without interruption or disruption.
16.3 Nimag reserves the right to temporarily suspend services and network access:
16.4 No guarantee is given regarding:
relating to communications or data transmission via the network or via third-party providers.
17.1 Nimag undertakes to make every effort to perform the services, but is only liable to a minimum of effort. It cannot be held liable for any unavailability of the network due to Swisscom or a third party.
17.2 Nimag can only be held liable in the event of:
All other liability is excluded.
17.3 Nimag cannot in any circumstances be held responsible:
17.4 Nimag is not responsible for damages, including:
whether they are foreseeable or not, and whatever the legal basis invoked.
17.5 Nimag disclaims all liability in the event of the Client using the services in a manner that does not comply with the law or the contract.
17.6 Nimag cannot be held responsible:
17.7 Nimag does not cover costs relating to:
These costs remain payable by the Client, particularly if the problem originates from their equipment.
17.8 In the event of potential damage, the Customer must immediately inform Nimag. Each party undertakes to limit the damages.
17.9 Nimag's liability cannot be engaged if the Customer has not reported the damage within three (3) months.
17.10 Nimag's total liability is, in all cases, limited to an amount equivalent to three (3) months of billing.
18.1 Neither party shall be held liable for any delay or failure to perform its obligations under the contract if such delay or failure is due to an act of God.
18.2 Force majeure suspends contractual obligations for its entire duration.
If it extends beyond thirty (30) consecutive days, either party may terminate the contract by right, without indemnity, after eight (8) days' notice given by registered letter.
18.3 Nimag cannot be held liable if the services are temporarily interrupted, limited, or impossible to provide due to a force majeure event.
When the Customer uses their connection to purchase goods or services from third parties:
Nimag disclaims all responsibility and warranty regarding these transactions.
20.1 Nimag reserves the right to modify at any time:
20.2 Amendments will be communicated to the Client appropriately (via email, post or on the website).
20.3 In the event of a disagreement, the Customer may terminate the contract within thirty (30) days of the modifications coming into effect.
Failing that, the use of the services constitutes acceptance of the new terms and conditions.
20.4 Unless notice of termination is given, any change to or increase in prices shall be deemed to have been accepted.
20.5 In the event of any changes to taxes or duties (including VAT), Nimag reserves the right to adjust its prices without the Client being entitled to terminate the contract prematurely.
21.1 Nimag may suspend the execution of the contract and the provision of services in the event of:
21.2 In the event of non-payment by the due date, Nimag shall send the Customer a formal notice to pay within fifteen (15) days.
21.3 In the event of non-payment within the deadlines:
Nimag may suspend all services without notice. The amounts due remain due until the end of the contract.
21.4 The Customer shall not be entitled to any compensation, including for indirect damages, in the event of suspension of services due to non-payment.
21.5 The suspension of the contract does not prevent Nimag from:
Any rights acquired by Nimag remain valid despite suspension or termination.
22.1 Unless otherwise agreed, termination of the contract by the Customer, including for exceptional reasons, shall not result in the termination of other contractual relationships between the parties.
22.2 The provisions which, by their nature, are to continue to apply after the termination of the contract shall remain in force.
23.1 The Customer may not transfer its rights or obligations to a third party without Nimag's prior agreement.
23.2 Nimag may transfer its rights and obligations to:
24.1 The contract supersedes any prior agreement, exchange or negotiation between the parties concerning its subject matter.
24.2 The validity of the contract depends on obtaining the necessary authorisations for its execution.
24.3 Any amendment or waiver of the contract must be in writing, unless otherwise agreed by the parties.
24.4 Any set-off of claims by the Customer requires Nimag’s prior consent.
24.5 If a clause of the contract is invalid or null, the other provisions remain applicable. The relevant clause will be replaced by a provision as close as possible to the original intention.
The contract, including these GTC, is governed exclusively by Swiss law. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
26.1 In the event of a dispute, the parties agree to seek an amicable solution before taking any legal action. In the absence of agreement within twenty (20) days, each party may bring the matter before the courts.
26.2 Any dispute relating to the contract shall fall under the exclusive jurisdiction of the courts of Lausanne, unless otherwise provided by mandatory statutory provisions.
