General Terms and Conditions

Status 9/27/2025
Translations into other languages serve the purpose of transparency. The only valid legal basis is the German language version.

1. scope of application

All services of Manuskriptschutz.ch are provided exclusively on the basis of these General Terms and Conditions (hereinafter GTC). The contractual partner and service provider is SMOLNY MEDIA, Rosenbergweg 7a, CH-6300 Zug (hereinafter referred to as the Provider). These GTC are recognized by the user of the services (hereinafter referred to as the Customer) as the binding basis of the contractual relationship before placing an order.

The customer shall be notified of amendments to these GTC in text form (e.g. by e-mail). If the customer does not object to such amendments within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted. The customer shall be expressly informed of the significance of silence in the notification.

2 Subject matter of the contract and scope of services

The subject of the contract is the temporary archiving of the customer's electronic files (hereinafter referred to as archive objects). For this purpose, the customer can upload one or more files (e.g. text document, image, music or video file) to a server operated by the provider or its commissioned third-party provider and secured in accordance with the current state of the art. Only one individual file is permitted per archive; in particular, it is not permitted to upload several files together in an archive format (e.g. ZIP or RAR) in order to circumvent the restriction. The maximum size per archive object is 350 MB. The provider reserves the right to reject files that exceed this limit or that violate these conditions.

The customer accesses the order process via the „Add to shopping cart“ button or a similar option. There he can select and upload the desired file (or up to 10 files simultaneously) and provide the necessary information about the work and the person. The customer is obliged to provide all information required for archiving completely and truthfully.

It is not possible for the provider to comprehensively check the archive object for possible third-party rights before or after it is deposited. The customer warrants that he is authorized to use and archive the work provided and that no third-party rights (in particular copyrights, trademark rights, personal rights or patent rights) are infringed by the upload. Should a third party nevertheless assert claims against the provider due to the archiving or the content, the customer shall indemnify the provider against all such claims and the costs of legal defense. Furthermore, the customer assures that the archive object does not contain any illegal content and does not violate applicable law or common decency. The provider reserves the right to unilaterally terminate contracts for archive items with potentially illegal content - in particular content glorifying violence, extremist or racist content (i.e. to refuse the service or terminate the contract). In such a case, the customer is not entitled to a refund of any fees already paid.

The provider guarantees that each archive object is stored multiple times and redundantly as part of the deposit, currently in particular on two independent, specially secured servers in Switzerland. In this respect, the customer grants the provider the necessary rights of use to reproduce and store the file for archiving purposes. The provider is entitled to use third-party providers for the storage and technical implementation of archiving. Should an external service provider change or discontinue its services, the provider is entitled to use an equivalent replacement service. The customer is not entitled to a specific type of storage or a specific storage location, provided that a comparable level of security is guaranteed. Data security is always a priority.

After successful archiving, the customer receives a confirmation e-mail from the provider. In addition, a certificate (archiving certificate) is created for each archive object, which contains the relevant data of the deposit (time stamp, file characteristics, etc.). This certificate is sent to the customer either electronically by e-mail (usually in PDF format) or by post together with the invoice. Upon request - for example in the event of an impending legal dispute and proof of a legitimate interest - the provider will send the customer the original certificate again by post free of charge, bearing the company stamp and original signature.

In the event of a legal dispute regarding the archived work, the provider shall support the customer in providing evidence. In particular, the provider can be named as a witness in court at the customer's request in order to confirm the deposit and proof of time. However, the provider may demand reasonable compensation from the customer for such a witness statement or comparable support services in the event of a dispute. This includes, in particular, reimbursement for the time required and for travel and accommodation costs incurred.

Note: The archiving of a work at Manuskriptschutz.ch does not convey any copyright or other industrial property right to the work. The creation of copyright is governed exclusively by the statutory provisions (in particular the Swiss Copyright Act, e.g. sufficient level of creation) and is not dependent on registration or deposit. The archiving certificate issued by the provider does not constitute official proof or notarization, but serves as proof under private law of the existence of the work at the time of archiving.

3. conclusion of the contract

The presentation and advertising of the service on the website does not constitute a binding offer by the provider, but rather an invitation to the customer to submit an offer. Only when the customer orders the archiving service does the customer submit a binding offer to conclude a contract. The order is placed by clicking on the correspondingly marked button (e.g. „Order now for a fee“ or similar) at the end of the order process. The customer can check all entries again before sending the order and correct them if necessary.

The contract is concluded when the provider accepts the order by sending an order confirmation by e-mail. The applicable GTC can be accessed on the website at any time.

4. terms of payment

The service used is subject to a charge. The exact price can be found in the price list on the website valid at the time of the order (currently the price for depositing a work including one file is EUR 69, each additional file within the same order EUR 19; optional express service plus EUR 29). Payment is due immediately upon conclusion of the contract.

Depending on the selection, the customer can make the payment via PayPal (including credit card payment via PayPal without own PayPal account), credit card (if directly supported) or on account. If payment on account has been agreed, the customer will receive the invoice by e-mail (or by post if requested) and undertakes to pay the invoice amount immediately, but at the latest within the period specified on the invoice. All prices quoted are gross prices and include the statutory value added tax, if applicable.

If express protection is also booked, the additional fee shown for this will be charged. In return, the provider undertakes to carry out archiving with a time stamp and certificate within 24 hours of the order being placed, even at weekends.

5 Contract duration and extension

Unless otherwise agreed in individual cases, the contract for the archiving service shall be concluded for a fixed period of twelve months from the conclusion of the contract. During this period, the provider shall store and keep available the archive object for the customer in accordance with the above conditions. At the end of the contract period, the contract ends automatically without the need for termination. The provider is then entitled to delete the archived data and is not obliged to continue storing the archive object.

The customer has the option of extending the archiving period before the contract expires (extension by a further 12 months, starting from the original end date) by placing an extension order in good time or by concluding a corresponding agreement with the provider. If such an extension is made, the contract term shall be extended by the selected period accordingly. Without an extension, the services end after 12 months as described above. The right to extraordinary termination for good cause remains unaffected by the above provisions.

Premature termination of the contract by the customer is possible at any time. In this case, the archived data will be deleted at the customer's request. However, there is no entitlement to a refund of fees already paid, as the main service (archiving, time stamp and certificate) has already been provided.

6. limitation of liability

The provider shall only be liable for damages - regardless of the legal grounds - in the event of intent or gross negligence on the part of the provider, its legal representatives or vicarious agents.

In the event of simple negligence, the Provider shall only be liable for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely (so-called cardinal obligations). In this case, liability is limited to the amount actually paid by the customer for the respective archiving service. Any further liability, in particular for indirect damage, consequential damage, loss of data or loss of profit, is excluded.

The provider endeavors to keep the online service available as continuously as possible, but cannot guarantee constant, uninterrupted availability. Due to the nature of the Internet and the dependence on third-party providers (e.g. network operators, server hosting), there may be technical interruptions or changes to the range of services over which the provider has no influence. Temporary unavailability of the service does not entitle the customer to claim damages unless the provider has caused this intentionally or through gross negligence.

Mandatory statutory claims remain unaffected, in particular liability for damages arising from injury to life, limb or health and under the Product Liability Act.

7. right of revocation / right of withdrawal

For customers who are consumers within the meaning of Section 13 BGB or Art. 2 of the Swiss Consumer Protection Act, the following applies: Swiss law does not provide for a general right of revocation or withdrawal for contracts concluded online. As the provider provides the service immediately after the contract is concluded (the file is usually uploaded to the secure server immediately after the order is placed and is time-stamped), the customer has no right of withdrawal. By placing the order, the customer expressly declares his request for immediate execution of the service by the provider and acknowledges that any existing right of withdrawal expires as soon as the provider has started to fulfill the contract.

Note: This provision excludes a voluntarily granted right of withdrawal. Should mandatory statutory provisions provide for a right of withdrawal in individual cases, its exercise shall be limited to the time before the start of the performance of the service.

8. important customer information

a) Contract language: The language available for the conclusion of the contract and communication is German.

b) Service description: The main features of the service offered (time-accountable archiving of files including certificate, duration of archiving, express option if applicable) and any limited offers or special promotions can be found on the provider's website.

c) Conclusion of contract: The presentation of the offer on the website does not constitute a binding offer in the legal sense. The contract is only concluded in accordance with the provisions in section 3 upon acceptance of the customer's order by the provider (order confirmation by e-mail).

d) Input errors: Before submitting the order, the customer can correct all entries on an ongoing basis using the usual keyboard and mouse functions. Before the order is finally sent, the data entered is displayed in an order overview; the customer can recognize any errors there and correct them using the change functions provided.

e) Prices and shipping costs: All prices are final prices and include the statutory value added tax (VAT), if applicable. The customer does not incur any shipping costs, as the certificate and invoice are generally provided electronically. If, in exceptional cases, the customer wishes documents (e.g. original certificate) to be sent abroad by post, additional postage costs may be incurred; the provider will inform the customer of such costs in advance.

f) Terms of payment: Payment is due immediately and, unless otherwise agreed, shall be made by PayPal, credit card or invoice (see Section 4). The customer will be informed of the provider's bank details and payment information during the order process and on the invoice.

g) Availability of the GTC: The current GTC can be viewed by the customer at any time on the provider's website (at www.manuskriptschutz.ch → „GTC“), downloaded as a PDF and printed out.

9. data protection

The protection and use of the customer's personal data shall take place exclusively within the framework of the applicable data protection provisions of Switzerland (in particular the Federal Act on Data Protection, FADP). The provider collects, processes and uses the customer's personal data only to the extent that this is necessary for the establishment, content or amendment of the contractual relationship and for the provision and billing of the service.

In particular, the personal and contact data provided by the customer as part of the order, as well as technical data relating to the archive object (e.g. file name, file size, hash value) are stored by the provider. This data is only passed on to third parties to fulfill the contract - e.g. to participating technical and hosting service providers (storage servers in Switzerland, payment processors such as PayPal) - or if the provider is obliged to disclose it due to legal regulations. The data will not be used for advertising purposes or otherwise passed on to uninvolved third parties without the express consent of the customer. Further information on data protection can be found in the separate privacy policy on the website.

10. final provisions

Swiss law shall apply exclusively, to the exclusion of the conflict of laws rules of private international law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded, as this is a service and not a sale of goods.

To the extent permitted by law, the place of jurisdiction for all disputes arising from or in connection with this contractual relationship shall be the registered office of the provider (Zug, Switzerland). If the customer does not have a general place of jurisdiction in Switzerland or if he moves his place of residence or registered office abroad after conclusion of the contract (or if his place of residence/registered office is unknown), the place of jurisdiction shall also be the registered office of the provider. Mandatory statutory jurisdiction regulations for consumers remain unaffected, insofar as these are applicable.

Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The relevant statutory provisions shall apply in place of the invalid provision. In no case shall an invalid clause jeopardize the purpose of these GTC as a whole.

These GTC apply from 27.9.2025 and replace all previous versions.