Scope of application

These General Terms and Conditions (hereinafter referred to as “TOS”) govern the legal relationship between the company hakuna Ltd (hereinafter referred to as the “Operator”) and the customer making use of the online services offered at www.hakuna.ch (hereinafter referred to as the “Service” or “Services”). A customer is any natural or legal person who has registered for the above-mentioned service. By registering on the operator’s website, the customer accepts these TOS without reservation.

The operator reserves the right to change the TOS at any time. The new terms and conditions shall be notified to the customer in writing or in another suitable form (e.g. by publication on the website) and shall be deemed to have been approved within one month without the customer’s objection.

Offer and services

The operator offers the customer Software-as-a-Service (SaaS) services as described on the website www.hakuna.ch. The services subscribed to by the customer are made available on the Internet by the operator for the duration of the subscribed period and invoiced periodically in accordance with the agreed billing interval. The costs incurred are determined on the basis of the agreed usage profile in the billing period.

The operator reserves the right to adjust the scope of services and offers. Unless otherwise stated, such changes shall take effect immediately. In the event of price increases or service restrictions at the expense of the customer, the customer is free to terminate the contract in accordance with the applicable deadlines. If the customer does not make use of the right of termination, the changes shall be deemed approved.

Obligations and liability of the customer

The customer undertakes to use the offers and services of the operator in accordance with the contract and the law.

The customer is obliged to take all necessary measures to protect his access credentials from misuse or loss. Furthermore, the customer is obliged to change the password created during registration in case of suspicion of loss and at regular intervals.

The customer can be held liable for all damages incurred by the operator or third parties through the use of the infrastructure or services of the operator by him or the users belonging to him.

The customer undertakes to check the correctness of the data originating from the software provided.

Non-binding test phase

The customer can use the services free of charge for 14 days after registration. After this trial period, the customer will not automatically receive a paid subscription. If the customer wishes to continue using the services, he will be requested by e-mail to provide his payment details before the end of the free trial period. If he does not comply with this request, his account will be deactivated. The operator reserves the right to delete inactive accounts.

Subscription

Currently the customer has the possibility to choose between monthly and annual subscriptions before the end of the test phase or the current subscription. If the customer has entered his billing address and credit card details by the end of the free trial period or has applied for an annual subscription, the customer will be charged for a subscription from this time.

The customer undertakes to pay the operator the fee agreed in accordance with his subscription plus statutory VAT for the provision of the software.

Duration and termination of contract

The contractual relationship begins with the registration by the customer.

Monthly subscriptions are concluded for an indefinite period of time and can be terminated by either party before the next monthly settlement, subject to one month’s notice.

Annual subscriptions are concluded for a period of 12 months. Unless the customer cancels the subscription at the latest 30 days before the end of the one-year period, the subscription is automatically extended by a further year in each case. The annual subscription is invoiced annually in advance.

Notice of termination shall be communicated exclusively by electronic means (e.g. by e-mail or on the operator’s website).

The operator may terminate the contract at any time with 30 days of notice by e-mail to the e-mail address provided by the customer for contract-relevant communications. Services already paid for and not yet used will be refunded to the customer.

Obligations and liability of the operator

The operator endeavours to ensure the highest quality and availability within the framework of personnel and financial possibilities. The operator does not guarantee uninterrupted availability for the services offered. The operator excludes the liability for itself, as far as legally permissible, for any direct or indirect damage incurred by the customer. This applies in particular to lost profits, loss of data and claims by third parties (including negligence). The operator does not guarantee the accuracy of the data provided by the software.

Data protection

The data protection declaration published on the website of hakuna Ltd (www.hakuna.ch) in its current version applies.

Further regulations

The contract shall be governed exclusively by Swiss law. The exclusive place of jurisdiction shall be the ordinary courts of the Canton of Zurich, Switzerland. The operator is also entitled to sue the customer at his place of residence or place of business.

These TOS apply from 01.01.2018 and replace all previous publications.