General Terms and Conditions

General terms and conditions and regulations for the streamhub.video website

As part of our services, we enable our customers to transmit videos via the Internet: live streaming. We provide the customer with the infrastructure for streaming live video, video files including player and other data and functions. In addition, extensions such as chat, landing page, etc. are offered.

We are not involved in the creation of the transmitted content without a separate agreement. Details of the service packages can be found in the respective offer.

As a service provider and software manufacturer, we are at your disposal. For a binding, fair and smooth cooperation, the following GTC (General Terms and Conditions) apply to

+++ General Terms and Conditions (as of Jan 2024) +++

These terms and conditions apply to any kind of business relationship with the company Media Flow AG, Franklinstrasse 9, 8050, Zurich (hereinafter referred to as “MFAG”).

These General Terms and Conditions apply exclusively. Deviating general terms and conditions of the customer are not valid unless we expressly agree to them.

Conclusion of contract:

We do not conclude contracts with consumers. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. Furthermore, we do not conclude contracts with minors under the age of 18. We are entitled to verify the existence of these characteristics in our contractual partners at any time. To this end, we may in particular request suitable evidence from the customer. If the customer does not comply with such a request or if the operator has indications that the customer does not have the status of an entrepreneur, we are entitled to withdraw from (or terminate) a contract that has already been concluded.

The presentation of our services, digital content or goods on our website or in our online store constitutes a binding contractual offer. By ordering from us via the Internet, telephone or e-mail, the customer places a binding order. We reserve the right to freely decide whether to accept this order. Acceptance is effected by order confirmation, activation of online services or delivery of the goods. If we do not accept an offer from the customer, we will inform the customer immediately.

Special remarks made by the customer when placing the order may not contradict the information in these terms and conditions or the offer shown. The order is accepted in accordance with the online offer and the data displayed in the order process. Special arrangements are possible by separate agreement.

Naming commercial customers as references:

Commercial customers may be named by us as a reference for potential new customers (e.g. displayed on our website with their company logo). If a customer does not want us to name them publicly as our customer, please inform us of this by e-mail.

Prices:

The prices listed are intended for business customers and (unless expressly stated otherwise) always refer to net amounts in Swiss francs.

Delivery times:

We will endeavor to set up and provide server and online services without delay. Configurations, deliveries and downloads will be processed or made available as soon as possible. Processing usually takes place within a few hours. Orders with special urgency require separate agreement. In the case of projects submitted to MFAG for programming, adaptation or new development, the time required for appropriate implementation must be planned and coordinated, taking into account other projects.

Licensing information:

If we provide the customer with software, players, code, access data or instructions as part of the execution of the contract, we transfer a non-exclusive and non-transferable right to use the item in question, unless otherwise agreed. Customers may use these during the term of the contract within the scope of the intended type of use. The transfer to third parties against payment or free of charge is not permitted. Reproduction is only permitted insofar as this is necessary for the implementation of the contractually intended purpose. After termination of the contract, the customer must remove them completely from his systems. Violations of these conditions entitle us to extraordinary termination of the contract without notice.

Our digital content and services may contain references to the purchaser and us as the author/service provider and may therefore be clearly traceable to the customer.

Developed players and other software send “pings” to our servers. The functionality of the software is not affected by this, but conclusions can be drawn about unauthorized copies or use in breach of contract. For example, by transmitting the URL under which the software is used.

Payment and delivery:

In the case of online orders, the configuration and provision of the service (unless otherwise contractually agreed) takes place after receipt of payment in advance. Payment must be made in full.

Other orders, for example for programming, development of software or landing pages, require a down payment of 30% when the order is placed; a further 50% is due after submission of an executable prototype. In this case, the remaining payment is due no later than 10 days after delivery or provision.

Scope of services:

All services and products offered online are offered according to the description. Services such as the creation or adaptation of landing pages, websites and layout objects, individual changes and adaptations (to players, chat, extension modules, API, recording, editing, processing, production, transmission, output, etc.) are offered according to the individual agreement (offer and order description).

Special requests and additional or supplementary services require an express individual agreement. Services added later, such as functional enhancements at the customer’s request or requests for changes or enhancements during or after development, will be charged. The hourly rate is CHF 150 net per hour. Billing is in quarter-hour increments for time units started. Other billing methods can be agreed in advance (e.g. hourly quotas via fixed order numbers). Package prices for services offered at a fixed price are possible in many cases.

Licenses, rights, royalties, contracts, GEMA, SUISA, copyright, etc.

All rights, tariffs, contracts, GEMA, SUISA, etc. (e.g. copyright, usage and broadcasting rights) of the video content to be transmitted (image and sound) are the responsibility of the customer. Any fees, license fees, etc. to be paid must be paid by the customer to the relevant authorities depending on the use.

The customer is subject to the rights and obligations of the respective country of broadcast/live transmission as well as the rights and obligations of the country of the target platform/viewer/call-up location – but in any case also to Swiss law.

These points are not the responsibility of MFAG as a hosting service provider, which only provides the technical infrastructure, but not the transmission content/content or can check the content.

Content control:

The content of customer transmissions is not monitored or checked. Only technical monitoring and, if necessary, checks of streams and data structures take place. In this context, stream content may be viewed by employees carrying out checks.

Prohibited content:

Our services, in particular streaming server services, are intended exclusively for content that may also be made accessible to young people under the age of 16. Any kind of (full) eroticism, racism, dissemination of hate, violation of copyrights, illegal content of any kind are not permitted and constitute grounds for termination without notice. The same applies to illegal or immoral content.

Compliance with legal regulations:

We do not check the customer’s content for compliance with applicable law. The customer himself is responsible for ensuring that all legal provisions applicable to him are complied with. This applies in particular to the national law to be complied with by the customer.

Indemnification:

The Customer shall indemnify MFAG against any claims of third parties – including the costs of legal defense in their statutory amount – which are asserted against MFAG due to actions of the Customer in violation of the law or the contract. The indemnification shall apply to the same extent to our employees and legal representatives.

Removal and blocking of content:

If the customer’s content violates applicable law or these GTC, we are entitled to block or delete this content or the account or to take other measures to remedy the irregular situation. We are also entitled to terminate the contract extraordinarily without notice if the violation makes future cooperation based on trust no longer appear possible (e.g. when streaming illegal content). The same applies if there is a suspicion that such a breach has occurred; in this case, it is up to the customer to refute the suspicion.

The respective sanction is at our discretion and is based on the severity, duration and quality of the infringement.

Continuation of services after the end of the contract:

If a terminated service (e.g. provision of a streaming server package) continues to be used by the customer after the end of the contract (player, data transmission, use of services or products, etc.), this leads to a contract extension to be paid in full with the typical term of the previously valid contract – but with a right of objection on our part.

End of contract:

Services and e.g. streaming packages relate to a fixed service period. Daily packages generally relate to a single day on a predetermined date. Multi-day packages usually run for the number of days starting on the desired day of provision.

Time-limited services such as the provision of streaming server packages, their video player usage, data sets such as video files or recordings are terminated after the end of the contract. Data must be backed up by the customer before the end of the contract. Video players, chat and feedback modules, etc. provided by us are no longer to be used and are to be deleted from the customer’s website.

In some cases, data such as recordings, created stream files, access data, statistical data, etc. are not deleted immediately but are retained for the customer. This can be helpful for downloading recordings, viewing statistics at a later date or placing new orders for the same service. However, there is no entitlement to this and it is granted voluntarily (in the case of non-immediate deletion).

Extraordinary right of termination:

The right to extraordinary termination for good cause remains unaffected by the regular notice periods. Termination of current contracts with our customers with immediate effect is possible in particular in the event of serious, intentional or grossly negligent breaches of statutory regulations or these GTC. Examples: intentionally damaging actions, license and copyright infringements, use not in accordance with the contract, non-compliance with technical specifications, disclosure of security-relevant information, triggering or enabling digital attacks by third parties, etc. The customer will be charged for any costs incurred as a result of this for separate expenses or damages. This also includes conduct or circumstances caused, facilitated or triggered by the customer that disrupt or impair the operation of our streaming servers, systems, data centers, etc. or jeopardize security.

Limitation of liability:

The following applies to our liability towards the customer – also for tortious claims:

We shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability such as under the Product Liability Act.

If we negligently breach a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

Our liability is otherwise excluded.

The above liability regulations also apply with regard to the liability of our vicarious agents and legal representatives.

Backup of data / data backup:

Data provided by the customer, in particular in the area of streaming server packages (uploaded video files, etc.) are stored online with simple security on a server system managed internally by us. This storage is expressly not part of the service owed by us and takes place on a voluntary basis. There is no entitlement to storage. Proper storage/backup of the data is the sole responsibility of the customer. Against this background, we would like to point out the following:

Data loss due to accidents, hardware failure, force majeure, incorrect operation, unintentional/accidental deletion, etc. is possible.

The customer must store their data on their own systems as a data backup, or download it for this purpose (e.g. directly after a transmission with live recording) and reload it onto the server independently after a possible loss of data on our systems.

Please note: Data may still be backed up internally and can be restored – but there is no entitlement to this! Since some expensively produced video content often exceeds the streaming costs many times over, this must be taken into account and the customer must make their own backups!

Reservation of services:

Unless expressly agreed otherwise and included in the price, original development files shall remain the property and possession of MFAG. This includes original data carriers, storage media, original image files and in particular source code and programming code (e.g. from software such as Photoshop, Premiere, AE, XCode, Wowza IDE etc. and typical files such as: psd, ae, fla, php, as, java, etc.). The completed end product (e.g. mp4 video file) is handed over to the customer.

Developments implemented on behalf of the customer (such as streaming, players, landing pages, special functions, access protection, etc.) are carried out as part of the online service and not handed over to the customer (e.g. Java class/module, NodeJS/JS code executable on the streaming, database or player server). The development data shall remain the sole property of MFAG and shall not be disclosed to the customer. Other arrangements require an express agreement.

All components of our service are only available for the duration of the contract. If the service period ends, the right to use the service provided, including any adaptations, shall also expire.

Availability of the service:

MFAG offers a minimum availability of the service of 99.9% (average per contract year). The service is considered unavailable if essential functions or the service as a whole cannot be accessed. This includes not only live and file streaming, but also associated services such as the player, chat and feedback module and landing page.

Limited availability due to maintenance work, updates and upgrades to hardware and software, as well as due to force majeure or attacks by third parties of any kind are not taken into account.

Availability is measured from the Internet connection in the data center. Other parts of the Internet (including backbones and Internet service providers, their routing and packetloss) are excluded from this.

Free additional services:

We offer free additional services for our customers. Such as the encoding of video files. We are working on further new services, expanding existing ones and striving to provide an excellent additional service. As these services are subject to recurring improvement cycles and can sometimes be used by customers at the same time, there is no availability quota for them.

Mention of our company name in connection with the product:

In every type of development and production, a note and reference to the company MFAG is made at an appropriate place. This reference indicates that the product was provided or produced by MFAG. On Internet pages, this note must be included in the imprint. For other products at a comparably reserved position and clarity visible to the customer.

Streaming server services are not affected by this. The IP of the respective server is relatively anonymous. If you wish to use our player, our website and/or the name of the player is linked/mentioned in the HTML code and possibly also in the player menu.

Data protection:

We would like to point out to our customers that the data collected during the conclusion of the contract will be collected, processed and used in accordance with applicable data protection law and other laws in order to fulfill the obligations arising from the purchase contract.

Your data will only be used for the stated purpose and will not be passed on to unauthorized third parties. Under no circumstances will your data be passed on to third party advertisers!

Amendment of these GTC:

We are entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or business strategy) and subject to a reasonable period of notice. If the GTCs are amended, they shall apply from this point in time to new orders, new contracts and commissioned extensions of contracts in any case.

For current contracts, it may be possible to retain the previous GTC (in all parts that correspond to the jurisdiction and legal situation). If the previous GTC cannot be retained, affected customers will be notified of this by e-mail. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been given.

If the customer objects, both the customer and we shall be entitled to terminate the contract as of the date on which the change comes into effect. The notification of the intended amendment to these GTC shall refer to the deadline and consequences of the objection or its absence.

Final provisions:

All offers are subject to change and non-binding.

Media Flow AG expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.

1) Swiss law applies. The UN Convention on Contracts for the International Sale of Goods does not apply.

2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Herford, unless an exclusive place of jurisdiction is established for the dispute. The same applies if the customer has no general place of jurisdiction in Switzerland.

3) Should individual provisions of the contract between Media Flow AG and the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should there be a loophole therein, this shall not affect the validity of the remaining provisions.

Media Flow AG
Franklinstrasse 9
8050 Zürich
Schweiz

Tel: +41 44 500 66 08
USt-IdNr.: CHE-458.852.382