Terms and conditions of Telio Telecom (Schweiz) AG

General Conditions of Telio Telecom (Switzerland) Ltd.

1 Scope of application of the Contract

These general conditions govern the provision by Telio Telecom (Switzerland) Ltd. ("Telio Telecom") of VoIP services, more particularly of connections between IP networks and traditional telephone services, and a subscription service with related Session Initiation Protocol (SIP)-based services (the "Service"). These general conditions also govern the provision and rental of equipment required by the person registered in the capacity of user in order to make use of the Service.

By granting access to a specialized program and a database, the Service provides the entity or person registered as a user (the "User") with the possibility to use a user-friendly IP-to-IP communication service as well as other additional services. As such, the Service does not provide any possibility for interconnection with traditional or electronic communication networks. The User is required to enter into a broadband connection contract with a local service provider in order to use the Service.

Hereinafter (the "Contract")

The registered seat of Telio Telecom is located at Schaffhauserstrasse 550, 8052 Zurich, Switzerland.

Access to the service presupposes the use of equipment that faithfully implements the prevailing IETF standards for SIP approved for the use of such Services provided by Telio Telecom.

These general conditions shall remain valid insofar as there is no divergent regulation that applies to a particular group of customers.

2 Signing of the Contract

The Service can be subscribed to by private individuals aged 18 years or above authorized to exercise civil rights holding a Swiss Passport or a valid residence permit, or by corporate bodies registered in the registry of commerce in Switzerland (the "User"). The User is accountable when access to the Service to which he has subscribed is given to a third party.

The User undertakes to inform Telio Telecom of any change of name or address.

This Contract shall come into force when the User subscribes to the Service, verbally, in writing or by electronic means, and once Telio Telecom has confirmed the said subscription either in writing or through electronic means.

Telio Telecom reserves the right to carry out an analysis of the creditworthiness of the User before providing the Service. Telio Telecom may refuse to provide the Service if the user has a poor credit rating, if there are other reasons which may indicate that the User does not have the ability or willingness to pay for the Service, or if there are other reasonable grounds that indicate that the User will not fulfill the obligations arising from this Contract in some other manner.

The user accepts that Telio Telecom can start to provide the Service immediately following its confirmation of the subscription and before the expiry of the right of renovation, as set out in Clause 4 below.

3 Transfer

The Contract between Telio Telecom and the User may not be transferred by the User without Telio Telecom's prior written consent.

Notwithstanding the preceding statement, transfer of the Contract to a member of the same household can only be refused by Telio for bona fide reasons. Transfer of the Contract between entities belonging to the same group (in case of mergers or acquisitions, for instance) cannot be refused unless there are bona fide reasons for this.

Telio Telecom may freely assign or transfer all or a part of its rights and obligations arising from this Contract without the User’s consent.

4 Right of revocation

In accordance with articles 40a and following of the Swiss Federal Code of Obligations ("CO"), individual Users can, subject to certain conditions, exercise a right of revocation of the Contract. They should inform Telio Telecom of their intention in writing within a period of 7 days, starting from the subscription or acceptance of the Contract and the communication of the information provided in article 40d CO. The subscription of the services will usually be confirmed by Telio Telecom by e-mail immediately after the User has activated it.

Insofar as the right of revocation has been exercised in a valid manner, this Contract will become null and void.

If the Service has been provided prior to the expiry of the right of revocation and the User exercises the right of revocation, the User shall pay all the fixed costs as well as the communication costs for the period up to the effective revocation of the Contract.

If the User exercises his/her right of revocation, he/she is responsible for returning all equipment he/she has received from Telio Telecom and shall receive the refund he/she is entitled to only after he has effectively returned all equipment.

5 Data protection

Telio Telecom shall collect, process and use certain information related to the User, including the User’s name, address, telephone number, e-mail address and traffic-related data in accordance with the legislation in force, especially the Swiss Federal Data Protection Act, the Swiss Federal Telecommunications Act and their ordinances and implementing regulations. The User-related data collected by Telio Telecom may include sensitive personal information. This information is directly collected from the User when he/she subscribes to the Service and during his/her use of the Service. The User accepts that Telio Telecom may use his/her personal information to manage its relations with the User, more particularly for Service provision and invoicing purposes, and in order to develop the Service and to provide tailor-made solutions, or to process certain data for the same purposes within the Telio Group.

Telio Telecom is a global operator. Information related to the Users (including sensitive personal information) may therefore be communicated to, or processed by, associate companies, subsidiaries or service providers abroad (especially in Norway and in the Netherlands) for the purposes mentioned above and insofar as it is required for the provision and execution of the service or for payment collection.

Users’ personal data shall not be used or disclosed to third parties, except in the following cases:

§ if the User has given his/her express consent to such a data transfer;

§ if the transmission of such data is required by law;

§ as part of debt collection;

§ for the purpose of accounting and verification of creditworthiness if data transmission security is guaranteed;

§ if required by a competent authority.

Telio Telecom is required by law to provide the User’s name, address and telephone number to directories or directory services, unless the User expressly requests that it may not be included in the said directories. The User can make such a request by contacting Telio Telecom.

Information related to the User will be destroyed when it is of no more use for the purposes described above. Information which has been retained for invoicing purposes will be destroyed in accordance with the applicable law and authorization conditions. If an invoice has not been paid or a dispute arises about the accuracy of the said invoice, the information may be kept until the invoice has been settled or the dispute has been resolved. After payment of the invoice, the User’s name and address as well as the invoice amount may be retained.

The Users may ask Telio Telecom which information pertaining to them has been retained and may also ask questions about the processing of the data concerned by contacting Telio Telecom. If the retained information is inaccurate, incomplete or irrelevant, the user is entitled to ask for the information to be rectified.

Telio Telecom is responsible for the processing of the User data as described above. Any disagreement concerning the manner in which the data will be processed must be formulated in writing and sent to the Telio Telecom head office, which is located at Schaffhauserstrasse 550, CH-8052 Zurich.

BY SIGNING THE CONTRACT, THE USER EXPRESSLY CONSENTS TO TELIO TELECOM’S COLLECTING, PROCESSING, COMMUNICATING AND USING INFORMATION CONCERNING THE USER (INCLUDING SENSITIVE PERSONAL DATA) IN ACCORDANCE WITH THIS CLAUSE.

6 Confidentiality obligation

Telio Telecom shall protect the secrecy of telecommunication and undertakes to keep all details pertaining to the use of the Service by the User and the contents of the telephonic communications confidential. Courts, public prosecutors and other government authorities may nevertheless receive this information if a court ruling or judgment requires this.

The user may request Telio Telecom to hide his/her number for all incoming and outgoing calls without any extra charge.

7 Prices

The prices of the Service can be found on the price lists provided by Telio Telecom. The currently prevailing price list is available on the website www.telio.ch; this list is final and shall be considered authoritative.

By using the Service, the User accepts the price list of Telio Telecom.

Telio Telecom is entitled to adjust the prices for the Service by giving one month’s advance notice. Notification via an invoice or sent by separate e-mail mentioning the new price for the Service is considered to be valid written notification of a price change. If the User has used the Service once the price modification has become effective, he/she will be deemed to have accepted the new prices.

Price modifications in favour of the User shall not be separately notified but they will be indicated on the website www.telio.ch.

8 Payment and invoicing

8.1 Payment conditions

The set-up charges for the Service shall be invoiced beforehand and will have to be paid before the Service can be set up.

The fixed costs for the VoIP-to-VoIP and interconnection services will be invoiced monthly in advance, starting from the first day when the User utilizes the Service or at the latest 14 days after the user has paid for the set-up costs.

The Services used are usually invoiced on a monthly basis the next month.

The fixed costs and communication costs may, however, be invoiced/adjusted retrospectively.

The user is informed that the invoices may be factored and that the invoicing may be done by a contractual partner on behalf of Telio Telecom. Where required, the invoices will have to be directly paid to this contractual partner whose details are mentioned on the invoice and in accordance with the rules of payment mentioned on the invoice.

In all cases, the payments should at all times correspond to the invoiced amount and should not be made at a later date than the due date indicated on the relevant invoice; the due date shall usually be 14 days after the invoice date (the "Date of Payment"). If there has been no objection or claim formulated in writing, along with the indication of the reasons for this, against the invoice by the Date of Payment, the invoice shall be considered as having been accepted without any reservation. Payment shall/should be made into the bank account indicated on the invoice. The Users must always include their customer identification number when paying their invoice. Any failure to comply with the mode of payment described above may give rise to additional administrative charges, for which the User may be invoiced.

The User is not entitled to offset the debts of Telio Telecom against his/her own debts towards the company.

Invoices are sent by post unless otherwise agreed upon by the parties. If a User has agreed to receive his/her invoices by e-mail, the User is responsible for providing and maintaining an updated e-mail address and ensuring that it is possible to receive e-mails with invoices sent to the relevant e-mail on time. Telio is entitled to raise additional charges for sending the invoice by post. The currently prevailing charges are published on the website www.telio.ch. If the User wishes to receive his/her invoices by e-mail, he/she can adjust select this option in "My Pages" on the website www.telio.ch.

8.2 Use limit

Telio Telecom shall fix a use limit for each User for the services, which shall be invoiced in addition to the "mini" or "medium" subscription.

Telio Telecom reserves the right to suspend the Service without any prior warning if the total value of the unpaid invoices exceeds the customary use limits of Telio Telecom for the User.

If this use limit has been exceeded, the User will be informed thereof and will be offered the possibility of getting reconnected to the Service in return for provision of sufficient guarantees for covering the open invoices.

If Users wish to raise their use limit, a specific contract has to be signed, for example, by means of a security deposit contract or any other form of contract or agent of securities which would be satisfactory for Telio Telecom.

9 The User’s obligations

9.1 Change of address

Telio Telecom should be immediately notified of any change related to the User which might affect the subscription, especially changes of name, address (postal or e-mail), etc.

9.2 Loss or damage caused to the equipment

The User is responsible for any loss or damage caused to the equipment provided by Telio Telecom and shall immediately inform Telio Telecom of such loss or damage.

If the User wishes to replace the equipment for reasons other than mechanical or technical defects, the User will have to bear the costs for inspection of the returned equipment, the shipping costs and the provision of new equipment in accordance with the rate list published on the website www.telio.ch

9.3 Return of the equipment

If Telio Telecom considers that it is necessary to replace the equipment, the User will be responsible for returning the old equipment and receiving the new equipment from Telio Telecom, unless Telio Telecom undertakes the replacement.

In the event of termination of the Contract, the equipment will have to be immediately returned to Telio Telecom at the latest within 14 days after termination. If the equipment has not been returned as set out in this Contract, Telio Telecom is entitled to ask for complete compensation for the equipment, as provided in Clause 15 hereafter. If Telio Telecom has suspended the fulfillment of its obligations arising from the Contract or from any other contract with the User, Telio Telecom can claim compensation for any other loss or damage suffered.

9.4 Connection of the equipment

The User is responsible for the connection of the equipment given to him/her in order to start using the Service. The User undertakes immediately to get in touch with the Telio Telecom customer service in case of start-up problems or any other technical issues.

9.5 Liability

The User is liable for the content of the information (conversations and data of all types) routed by Telio Telecom on behalf of the User by means of his/her connection. Telio Telecom is not responsible for the information transmitted or received by the User through his/her connection. The User is liable for using his/her connection in a legitimate manner and in accordance with his/her contractual obligations.

9.6 Use of the Service and the equipment

The User is liable for his/her own use as well as for the use by third parties of the Service and the equipment, if such third parties have indeed been granted access to the Service via the User. The User must immediately inform Telio Telecom if a third party has breached the conditions of the Contract entered into with Telio Telecom.

The Service may only be used by the User and cannot therefore be sold, rented, transferred or pledged in any other manner. The User is not entitled to resell the whole or a part of the Service without Telio Telecom’s prior written consent.

The User may not break electronic barriers, locks or codes or in any other manner gain unauthorized access to any other services, information, data or systems not meant for the User in violation of the applicable penal laws or use the Services or equipment in a manner constituting a wrongful, criminal or illegal activity. Furthermore, the User undertakes to refrain from using, exploiting or circulating information that is not meant for the User or information that the User has acquired in an unauthorized manner.

The User undertakes to ensure at all times that neither the User himself nor any of his representatives will spread a virus by installing a program received on hardware that is not protected by an antivirus program. Telio Telecom shall not be responsible for data losses or other consequences that the User may suffer owing to contamination by a virus.

The User is also responsible for ensuring that no unauthorized person is granted access to the additional services invoiced over and above the subscription and that no one makes wrongful use of the said additional services or any other part of the program used for the Service or the additional services, or uses them in an unauthorized manner. Telio Telecom is not responsible in any manner whatsoever, especially for the risk of data losses or other indirect damages, if the User has given other people access (by giving a user name or a password) to any account used pertaining to the additional services or to any third party, where this has led to non-compliant use of the services.

It is furthermore the User’s responsibility to ensure that no data are being stored or files shared in any manner whatsoever, in breach of the applicable rules or rulings by competent authorities. If such file retention or sharing as described in these general conditions comes to light, Telio Telecom is authorized to block or shut off access and is entitled to provide the competent authorities with the relevant information and access to the stored data.

Any breach of this provision relating to the use of the Service or additional services by the User shall be deemed to be a breach of the Contract and will give Telio Telecom the right to terminate this Contract, in accordance with Clause 14 below and, if necessary, to claim damages and interest.

The equipment provided by Telio Telecom remains the property of Telio Telecom. The equipment may not be sold, rented, transferred or pledged in any manner whatsoever. The User undertakes to use the equipment in accordance with the instruction manuals. The User is not authorized to tamper with, or in any other manner physically or materially alter the structure or the software of the equipment.

9.7 Broadband network and other equipment

The User must ensure that he has a public or private broadband connection in working condition, which will allow him to use the equipment in conformity with standard internet protocols.

The User is responsible for any additional equipment that he may need for his own local network in order to be able to use the Service. The User is responsible for connecting and installing the equipment.

9.8 Telephone number portability

By entering into this Contract and requesting the transfer of an existing telephone number, the User authorizes Telio Telecom to ask for this number to be transferred from the provider to the User, collect the required information from the said provider and cancel any service that might hinder the number transfer (number portability).

For the VoIP services, porting of the number shall be requested only once the User has informed Telio Telecom that he/she has installed the equipment that he/she was provided with. It is the User’s responsibility to cancel all other numbers and/or services that need to be cancelled prior to requesting the porting of his number. The User is also responsible for providing accurate information in order to allow proper transfer of his/her number.

The number shall be transferred around 15 working days after Telio Telecom submits an application for number porting.

Telio Telecom is not responsible for errors or problems that might arise owing to the User or other service providers having provided inappropriate or wrong information, or that might be the consequence of events beyond the control of Telio Telecom.

The User should not cancel the subscription that he/she has with his current service provider if he/she wishes to retain (port) his/her existing telephone number. In accordance with the applicable legislation, the existing service provider will carry out porting after he receives a porting request from Telio Telecom.

If the User chooses new Telio Telecom telephone numbers, the User is responsible for cancelling his/her subscription with his/her current service provider.

The User is not entitled to any compensation whatsoever, except for the porting charge, if for any reason whatsoever his/her number cannot be ported or if the transfer has been delayed.

10 Telio Telecom’s obligations

10.1 Service provision

Telio Telecom shall provide the Service ordered by the User in conformity with the general conditions provided under the terms of this Contract.

Telio Telecom reserves the right to terminate or interrupt provision of the Service if circumstances require it to do so.

10.2 Customer service

Telio Telecom shall provide customer service via e-mail or telephone. The use charges for this service are included in the price of the subscription. The e-mail address is available at the website www.telio.ch.

The customer service can be contacted under customerservice@telio.ch.

Telio Telecom is not responsible for any loss of profit or other damages caused by the User or his/her representative which may require resorting to the customer service.

In case of defects arising from the improper or negligent use of the Service by the User or by a person for whom the User is responsible, or in case of any unforeseen event, the User shall be responsible for the payment of the costs of detection and repair of the defect.

Only Telio Telecom, or a technician appointed by Telio Telecom, may proceed with repairs on the equipment.

10.3 Location of the caller for emergency services

When VoIP services are used from a location other than the one recorded with Telio Telecom by the User, Telio Telecom cannot guarantee that the emergency services will receive correct information concerning the geographic location of the person who is calling.

BY ENTERING INTO THIS CONTRACT, THE USER EXPRESSLY CONFIRMS THAT HE/SHE WAS INFORMED OF THIS RESTRICTION AND THAT HE/SHE WILL MAKE ALL EFFORTS POSSIBLE TO USE ANOTHER SERVICE PROVIDER OR OTHER MEANS OF COMMUNICATION FOR EMERGENCY CALLS MADE FROM A PLACE OTHER THAN THE ONE REGISTERED WITH TELIO TELECOM.

However, Telio Telecom always records the residential address of the User and makes sure that the recorded address, as well as a mention indicating that "VoIP calls can be placed potentially from a different location", are routed to the emergency services when they are contacted.

11 Defects or problems with the Service

11.1 Complaints

In the event of defects or problems with the Service, the User must inform Telio Telecom within a reasonable time frame after the User has noticed or should to have noticed the defect or the problem.

Any claim in respect of invoices must take place before the due date of their payment. As long as Telio Telecom is processing a claim, the invoice should not be paid. However, Telio Telecom is nevertheless entitled to ask for temporary payment of the invoice, based on the User's average use of the Service in the past, or based on an average use of the Service by similar users, insofar as no history relating to the concerned User can be found.

Telio Telecom is not liable for interruptions caused by factors beyond its control, such as for instance the broadband connection, equipment belonging to the User, disruptions of electronic communication networks held by local providers of such services, or cases of force majeure, such as, for example, strikes, government regulations or decrees, war, fire, power cuts or any other case of force majeure.

If faulty or negligent use is caused by the User or any other person that the User is responsible for, or if the defect arises from external circumstances, the costs for fault detection and repair shall be borne by the User.

11.2 Correction of the defect

Telio Telecom shall implement measures for identification and repair of the defect as soon as possible after being informed thereof.

If the defect is due to improper or negligent use of the Service by the User, or can be attributed to the User in any other manner, or is caused by external forces beyond Telio Telecom’s control, the User shall bear the costs of identification and repair of the defect.

11.3 Price reduction

If the Service, or individual functions of the Service, cannot be used because of a defect of the Service, the User may seek a price reduction in accordance with the CO. No price reduction will be granted for disruptions of Service caused by defects in equipment that does not belong to Telio Telecom. Similarly, no price reduction will be granted if the defect can be attributed to or is inherent in the User’s local network or broadband connection. No price reduction will be granted to Users who have themselves damaged the Telio Telecom equipment or if the defect or damage can be attributed to the User.

11.4 Liability

Telio Telecom can only be held liable for damages suffered by the User if they are directly related to the fulfillment of its obligations pursuant to this Contract, insofar as the said damage has been caused by Telio Telecom, or its auxiliaries acting as per its instructions, and only in case of fraud or gross negligence. Telio Telecom shall not be deemed responsible for uninterrupted and problem-free services.

Telio Telecom will not accept any liability towards the User for any indirect damage, financial losses, losses to third parties or missed profits, whatsoever may be the cause thereof, irrespective of whether such loss or damage was foreseeable or not, or whether it had been anticipated by the parties or not.

The maximum liability of Telio Telecom with regard to the fulfillment or planned fulfillment of the Contract (for example, in case of defects or problems with the Service) shall be restricted to the fixed rate of the package for the relevant month. This provision shall apply as long as there are no applicable provisions stating otherwise in the mandatory provisions of statutory laws.

Telio Telecom will in no way be responsible if the defect or problem can be attributed to elements beyond Telio Telecom’s control (for example force majeure) that Telio Telecom could not have anticipated or reasonably taken into consideration when the Contract was signed.

The User is responsible for protecting the Service and the equipment against any non-compliant use thereof or against any damage caused by an unauthorized third party. Telio Telecom is not accountable for losses or damage that can be directly or indirectly attributed to an unauthorized use of the Service by the User, or by an unauthorized third party who tampers with the User’s equipment.

The User is accountable to Telio Telecom for any loss or damage inflicted on the Service caused by disruptions of the User’s local network.

12 Occasional interruptions or restrictions of use

Telio Telecom is authorized to implement measures that might lead to interruptions, disruptions or changes in the nature of the Service, if these measures are considered necessary for technical, security, maintenance or operation-related reasons. Telio Telecom is not responsible for the expenses or losses incurred by the User arising from the said measures. Telio Telecom shall do its best to warn the Users beforehand about these measures and endeavour to minimize the inconvenience caused by these measures.

In conformity with the Swiss Federal Telecommunications Act and its ordinances and statutory regulations, restrictions of use can be introduced without prior announcement but the User shall be notified of the same immediately afterwards.

Telio Telecom makes use of the User’s broadband connection for providing its VoIP services. If the User’s broadband connection is interrupted or is subjected to interference, this will automatically lead to interruption or interference with the VoIP services provided by Telio Telecom. Telio Telecom can under no circumstances be held responsible for the User’s broadband connection problems.

In the event of an emergency, including a case of force majeure, serious threats to health, security and/or the environment, natural disasters, war or similar situations, general strikes and serious risks of sabotage of the network and Services, Telio Telecom is authorized to interrupt or restrict the Service and to interrupt Service access to new Users.

Telio Telecom can not be held liable under any circumstances whatsoever for any direct or indirect damage suffered by the User that may arise from the measures mentioned above. Insofar as the fulfillment of the material obligations of this Contract is obstructed for more than three months owing to the abovementioned circumstances, each of the parties is authorized to terminate the contract with immediate effect.

13 Breach of contract

13.1 In general

Neither of the parties is accountable for the fulfillment of their obligations when they are prevented from doing so by circumstances or elements usually considered as cases of force majeure.

13.2 Breach of payment obligations

The User shall be deemed to be in default if an invoice remains unpaid 35 days after receiving an invoice reminder, as long as the User has not objected to this invoice in writing and with justifications in accordance with Clause 8.1 above.

In the event of User payment default, a 5% default interest per annum shall be charged in accordance with the provisions of the CO. In the event of such User default, Telio Telecom will also be authorized to invoice reminder charges. Telio Telecom may also ask the defaulting User to bear all the expenses incurred in respect of debt recovery.

In the event of non-payment or delayed payment, Telio Telecom is authorized to: (i) suspend/block the Service without advance notice until Telio Telecom receives complete payment of the amount due (this will more particularly prevent the User from making outgoing calls); (ii) terminate the Contract and ask for return of the equipment in accordance with Clause 14 below.

If the Service has been terminated or suspended because of a default of payment, Telio Telecom is authorized to refuse to enter into a new contract with the User or another member of the User’s household.

13.3 Suspension

In the event of a material breach of the User’s obligations, the Service may be suspended/blocked without prior notice and with immediate effect.

Telio Telecom may also suspend/block the Service if the User is in breach of other contracts signed with Telio Telecom, or if other services provided by Telio Telecom have not been paid for although their payment was due.

The Service may also be suspended under certain specific circumstances at the special request of the User. Telio Telecom shall have the right to refuse such a request for suspension. If the request for suspension is accepted by Telio Telecom, it may be subject to the payment of expenses by the User.

If the Service is suspended/blocked, the User undertakes to indemnify Telio Telecom against any damage arising from the breach of the User’s contractual obligations. At the request of Telio Telecom, the User undertakes to return all the equipment received. Furthermore, the User shall pay all the invoices, irrespective of whether they have reached maturity date or not, as well as all the costs and expenses relating to the return or removal of the equipment, in addition to all interest and expenses related to recovery.

Insofar as the Service shall be suspended, Telio Telecom is authorized to refuse renewal of Service access to former Users.

13.4 Service reconnection

If the Service was suspended due to breach of contract by the User, Telio Telecom may invoice Service reconnection charges in conformity with the prevailing price list.

14 Termination

The User may terminate this Contract by sending a written notice to Telio Telecom. The Contract shall be terminated with effect at the end of the month following the month during which Telio Telecom receives the termination notice.

In the event of anticipated termination of a contract signed for a minimum period of time, Telio Telecom shall be authorized to invoice extra charges for deactivation. These charges are available on the current rate list on Telio Telecom’s website www.telio.ch. A subscription that has been terminated cannot be reactivated within less than 30 days after such termination date.

No refund of the commissioning charges or fixed costs shall be owed by Telio Telecom.

Telio Telecom may at all times terminate this Contract in full or a part thereof and/or any other contract relating to additional services by giving three months' advance notice.

Telio Telecom is authorized to terminate the Contract with 30 days' advance notice if the User has breached his/her obligations arising from the Contract (for example on event of default) or other contracts signed with Telio Telecom, or if other services provided by Telio Telecom have not been paid for when their payments were due.

Telio Telecom reserves the right to interrupt the Service and terminate the Contract at all times for proper grounds, in particular in the event of a breach of these general conditions (for example in the event of non-compliant or unlawful use of the Service or in the event of wrongful use) or of any other contractual provisions by the User or in the event that the User interferes with the equipment provided by Telio Telecom.

Telio Telecom is authorized to terminate the contract with immediate effect or temporarily suspend the Service if the User breaches legal or statutory provisions applicable to telephone or telecommunication services or makes wrongful use of the Service, or more particularly when he/she uses the Service for harassment purposes. The same principles also apply if the User’s equipment causes disruptions to Telio Telecom’s technical facilities.

In the event of termination of the Contract, the User shall be responsible for returning all equipment received from Telio Telecom. The returned equipment should be in the same state as when it was provided. If the equipment has not been returned or received within 14 days starting from the termination of the Contract, Telio Telecom shall invoice the User for the cost price of the equipment prevailing at the time of signing the Contract, in conformity with the published price list.

In the event of termination following a breach of Contract by the User, the User undertakes to compensate Telio Telecom for any losses arising from such a breach. Moreover, the User undertakes to pay all the invoices, irrespective of whether they have reached maturity date or not, and all expenses related to the collection/return of the equipment, in addition to the interests and expenses related to recovery.

Installation charges or fixed charges shall under no circumstances be refunded if the Service has been terminated or interrupted.

15 Amendments to the general conditions

Telio Telecom reserves the right to amend these general conditions at any time. Amendment notices of the said general conditions shall be sent along with the invoices, published on Telio Telecom’s website www.telio.ch and/or sent by e-mail. Only material amendments of these general conditions that are unfavourable to the User shall be announced with one month's advance notice. The said amendments shall be considered as having been accepted by the User unless the latter objects to them in writing or terminates the Contract within a month, starting from the receipt of the notification of the amendments sent to the User.

16 Applicable law

The Contract and these general conditions shall be exclusively governed by Swiss law, excluding any conflict of law provisions thereof.

17 Place of jurisdiction

The User and Telio Telecom shall endeavour to find an amicable solution to any dispute. Notwithstanding any mandatory places of jurisdiction, the parties agree that any dispute, controversy or demand relating to this Contract shall fall within the exclusive jurisdiction of the competent courts of the registered seat of Telio Telecomsubject to an appeal before the Federal Court in Lausanne.

These general conditions shall come into force on 01.06.2012.