Terms and Conditions

1. Agreement and Acceptance

By accessing our website, requesting information, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not accept these terms, you must discontinue use of our website and services immediately.

These terms apply to all visitors, users, and others who access or use the service. Your agreement includes compliance with all applicable laws and regulations regarding online conduct and content accessibility.

For commercial clients engaging project services, these general terms are supplemented by specific project agreements that define scope, deliverables, timelines, and compensation. Where conflicts arise between these general terms and project-specific agreements, the project agreement provisions prevail.

2. User Obligations and Conduct

2.1 Legal Compliance

You agree to comply with all applicable local, national, and international laws and regulations when using our website and services. This includes but is not limited to laws governing data protection, intellectual property, electronic communications, and business conduct in your jurisdiction.

2.2 Prohibited Activities

Users shall not engage in any of the following activities:

Transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
Impersonating any person or entity or misrepresenting affiliation with any person or entity
Attempting to gain unauthorized access to systems, accounts, or networks connected to our services
Interfering with or disrupting service operations or server networks
Collecting or storing personal data about other users without explicit consent
Using automated systems or software to extract data from our website without permission
Violating intellectual property rights of Open Network s.r.o. or any third party

2.3 Information Accuracy

You warrant that all information provided to Open Network s.r.o. through contact forms, project communications, or any other means is accurate, current, and complete. False, misleading, or fraudulent information may result in immediate termination of access and potential legal action.

2.4 Account and Access Security

If provided with access credentials for project collaboration, you are responsible for maintaining their confidentiality and security. You must notify us immediately of any unauthorized use or security breach. You accept responsibility for all activities occurring under your credentials.

2.5 Age Requirements

Our services are intended for businesses and individuals of legal contracting age in their jurisdiction. Users under 18 years must have parental or guardian consent to use our services. By using our services, you represent that you meet these age requirements.

3. Indemnification

You agree to indemnify, defend, and hold harmless Open Network s.r.o., its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

Your access to or use of our website and services
Your violation of these Terms and Conditions
Your violation of any rights of another party, including intellectual property rights
Any false or misleading information you provide
Your breach of any applicable laws or regulations

This indemnification obligation survives termination of these terms and your use of our services.

4. Warranties and Disclaimers

4.1 Website Disclaimer

Our website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, secure, or error-free. Content accuracy, completeness, and reliability are not guaranteed.

4.2 Service Warranties

Professional services are provided with reasonable skill and care appropriate to industry standards. Specific warranties for project deliverables are outlined in individual project agreements. We do not guarantee particular results or outcomes from services rendered unless explicitly stated in writing.

4.3 Third-Party Content

Our website may contain links to third-party websites or reference third-party services. We do not endorse, warrant, or assume responsibility for content, products, or services offered by third parties. Interactions with third parties are solely between you and them.

4.4 No Professional Advice

Content on our website is for informational purposes and should not be considered professional advice tailored to your specific situation. Formal project consultations provide guidance specific to your requirements, but general website content does not constitute professional recommendations.

5. Limitation of Liability

5.1 Consequential Damages

To the maximum extent permitted by law, Open Network s.r.o. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use our services.

5.2 Liability Cap

Our total liability for any claims arising from these terms or service use shall not exceed the amount paid by you to Open Network s.r.o. in the twelve months preceding the claim, or one hundred Swiss Francs if no payments were made, whichever is greater.

5.3 Exceptions to Limitations

These limitations do not apply to liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or violations of consumer protection laws that prohibit such limitations.

5.4 Force Majeure

Open Network s.r.o. shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

6. Dispute Resolution

6.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

6.2 Jurisdiction

Any legal action or proceeding arising from these terms shall be brought exclusively in the courts of Zürich, Switzerland. You consent to the personal jurisdiction of these courts and waive any objection to venue in these courts.

6.3 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good faith resolution of disputes through direct communication. Contact us with concerns, and we will work to address them promptly and fairly.

6.4 Consumer Rights

If you are a consumer within the European Union, you may have additional rights under consumer protection regulations that cannot be waived by these terms. Nothing in these terms affects those statutory rights.

7. Severability and Waiver

If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these terms otherwise remain in full force and effect.

No waiver of any term of these conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms does not constitute a waiver of that right or provision.

8. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes become effective immediately upon posting to our website. The "Effective date" at the top indicates when the current version took effect.

Material changes are communicated through prominent website notices or direct notification to clients with active projects. Your continued use of our website or services after modifications constitutes acceptance of the revised terms.

For clients with executed project agreements, terms in effect at agreement execution continue to govern unless both parties agree in writing to apply updated terms.

9. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Open Network s.r.o. regarding use of our website and services.

These terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Open Network s.r.o. regarding the subject matter herein.

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