General Terms and Conditions for Galaxus Mobile servicese

Last updated: March 2025

Please note: Only the German original of these General Terms and Conditions for Galaxus Mobile services is legally binding. The English, French and Italian translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.

1 Scope, Parties and Components of the Contract

These General Terms and Conditions for mobile services of Galaxus Mobile («GTC»), together with the corresponding order and additional contract components, form the contract between Digitec Galaxus AG, Pfingstweidstrasse 60b, 8005 Zurich («Galaxus Mobile») and you («customer») regarding the supply and use of mobile services and associated services («services») of Galaxus Mobile. The following documents form integrated contract components in descending order of priority:

Tariff overview/Tariff details
Service descriptions and further conditions
These General Terms and Conditions

In addition, the general privacy notice of Digitec Galaxus AG and the privacy notice of Galaxus Mobile apply. The contract components are available on abos.galaxus.ch and are valid in their current version. Galaxus Mobile can also send the customer the contract components by e-mail. By concluding the contract, as in completing the registration/order, the customer confirms to have read and accepted all contract components and to have given correct details of himself/herself and any other users. The customer is liable to Galaxus Mobile for the correctness of information or for damages resulting from incorrect or insufficient information.

In any case, the contractual components shall apply from the first use of the services, but no later than 14 days after conclusion of the contract. If the client raises objections against all or individual contractual conditions within this period, the contract shall be dissolved without compensation, whereby any data packages already purchased shall expire without compensation.

The Galaxus Mobile services include mobile communication services (voice, SMS/MMS and data) by providing a mobile phone connection incl. SIM card or eSIM profile and corresponding phone number («connection»). The type and scope of the services are determined by these General Terms and Conditions and the other contract components.

2 Commencement, duration, change and termination

2.1 Commencement and duration

The contract comes into force upon activation of the respective connection and is concluded for an indefinite period. Unless otherwise stipulated when the contract is concluded (e.g. as part of a bundle, see below), there is no minimum contract period.

The contract is concluded by the customer’s application and acceptance by Galaxus Mobile. The registration/order is considered as an application of the customer. Galaxus Mobile decides at its own discretion whether the customer’s application is accepted and whether the contract is concluded with the customer. Prerequisite for the conclusion and conclusion of the contract between Galaxus Mobile and the client is, among other things, the client’s legally compliant registration (incl. identification by means of an identification document). Galaxus Mobile may reject the customer’s request without giving reasons. Galaxus Mobile can accept the customer’s request by activating the connection.

The SIM card or eSIM profile is not activated until the customer has registered in accordance with the law. If it turns out after completion of registration that the customer has provided incorrect or incomplete information or uploaded insufficient ID documents, Galaxus Mobile can demand the correction or completion of information or ID documents or deactivate an already activated SIM card or delete an already active eSIM profile without compensation. Individuals aged 18 and over residing in Switzerland or companies domiciled in Switzerland are entitled to conclude contracts. Galaxus Mobile also reserves the right to refuse the registration of several SIM cards or eSIM profiles registered on the same person in case of suspicion of misuse.

If a change of provider is necessary for the conclusion of the contract and this change cannot be carried out due to a lack of approval by the previous provider, Galaxus Mobile cannot be held liable for any activities and costs incurred. Options are also concluded for an indefinite period. Unless otherwise specified in the other contract components, options have a minimum contractual term of one month, calculated from their activation.

2.2 Plan change

Galaxus Mobile offers the customer a choice of different plans with different scopes of services and corresponding prices. The customer is entitled to switch to a different plan type. All applicable deadlines can be viewed in the customer account.

The contract period is not affected by the change of plan type. Billing takes place on a daily basis. The entitlement to change plans may be restricted, in the case of a contract under which a discounted device was purchased in addition to the plan («bundle», see below), or in the case of late payment.

2.3 Termination

2.3.1 Termination of the contract or a connection

The customer can only terminate the contract in the customer account («customer account»), which is accessible via abos.galaxus.ch. Cancellations by letter or e-mail will not be accepted. For cancellations with number porting, a written cancellation is accepted if it is submitted completely and correctly by the new provider on behalf of the customer as part of the porting process.

If the customer purchases several services from Galaxus Mobile, he must name the service which is to be terminated (e.g. a single connection if several connections are assigned to the customer). If the termination refers to the contract, all connections assigned to this contract, including all options assigned to these connections, are terminated at the same time. If the termination refers to a single connection, all options assigned to this connection are terminated at the same time. On the other hand, the termination of an individual connection does not affect the existence of any further connections. Regarding to periods of notice, the following rules shall apply:

In the first month of the contract: the contract or an individual connection can be terminated at any time with immediate effect.
From the second month of the contract: the contract or an individual connection can be terminated at any time by giving one month’s notice to the end of a calendar month.
If, in addition to the plan, the contract includes the purchase of a discounted device («bundle»), extraordinary contract terms and/or notice periods as well as any other conditions that are communicated to the customer at the time the contract is concluded shall apply. The aforementioned notice periods, which apply in the first month of the contract or from the second month of the contract, respectively, are irrelevant in such a case. In addition, the contractual terms and conditions communicated separately upon conclusion of the contract shall apply to the device purchased in a bundle.

The aforementioned notice period of one month corresponds to the duration of one calendar month and is calculated according to the number of days of the month in which the notice is given. Termination without adherence to the above-mentioned notice periods is only possible against payment of the monthly fees up to the regular termination date plus a processing fee. Deviating regulations in individual cases remain reserved.

2.3.2 Termination of options

After expiry of the respective minimum contract period, options may be terminated at any time with one month’s notice to the end of a calendar month. The aforementioned notice period of one month corresponds to the duration of one calendar month and is calculated according to the number of days of the month in which the notice is given.

If a connection is terminated, all options assigned to this connection are also terminated at the same time. On the other hand, the termination of an option has no effect on the number of connections to which this option is assigned. Subject to a termination by the customer for good cause, the termination of options by the customer prior to expiry of the minimum contract period is only possible with the consent of Galaxus Mobile and subject to cost consequences. The customer must pay all monthly recurring fees plus all fee-based services (e.g. additional roaming packages) until the end of the minimum contract period (one-off payment). These fees are due immediately.

The client must also pay the aforementioned fees if the affected option or the connection to which the option was assigned is terminated by Galaxus Mobile for an important reason for which the client is responsible. If Galaxus Mobile terminates the option or the connection for an important reason for which the customer is not responsible, the customer does not owe any fees.

2.3.3 Termination for good cause

If there is an important reason, Galaxus Mobile has the right to terminate the contract, individual connections or individual options without notice and compensation. An important reason exists in particular if

there are indications that the customer is using the services illegally, contrary to contract or improperly,
orders a competent authority to cease making the services available to the customer,
the networks of Galaxus Mobile, the network provider, or third parties or their use by the customer is impaired,
there is reason to assume that the customer provided incorrect or incomplete information when concluding the contract or during registration,
the customer is in default of payment,
overriding public interests require this.

For a bundle, the fee published on abos.galaxus.ch is due.

The possible resumption of a terminated contract or connection has cost consequences for the customer in the amount of the fees published on abos.galaxus.ch.

If there is an important reason, the customer has the right to terminate the contract, individual connections or individual options without notice. An important reason exists in particular if

Galaxus Mobile culpably commits an ongoing serious breach of contract and does not remedy this despite a warning by the client within a reasonable period of time,
there is no network availability (at least uninterrupted for more than 7 days) at the customer’s place of residence or work or place of business (except in case of force majeure),
the customer moves and no network availability is available at the new place of residence or work (at least uninterruptedly during more than 7 days) (except in cases of force majeure),
in the event of the customer’s death.

2.3.4 Expiry of credit

The expiry of credit balances (for domestic or international calls, voice, SMS/MMS, data, etc.) is regulated in Section 4. Any remaining credit expires in any case upon termination of the contract or the relevant connection or a change of plan. A refund of remaining credit is excluded.

2.3.5 Deactivation or deletion of the SIM card or eSIM profile

At the time of termination of a connection (in particular after expiry of any notice period), the corresponding SIM card or eSIM profile is deactivated.

3 Galaxus Mobile services

3.1 General

Galaxus Mobile provides the customer with one or several connections via which the customer can use the mobile network of the network operator of Galaxus Mobile in Switzerland and the mobile networks of its roaming partners in Switzerland and abroad for voice and data connections as well as for short message services (SMS/MMS) via mobile terminals (e.g. smartphones or tablets). The services are provided with the involvement of a network operator («network operator») selected by Galaxus Mobile. For the provision of its services, Galaxus Mobile may at any time call in further third parties at home and abroad.

3.2 Options

Options include additional functions for connection (e.g. data packages). Options are either provided free of charge, included in the plan price or billed separately (i.e. usage-based). The availability of individual options depending on the subscription, their scope of services and contract duration are shown on abos.galaxus.ch. The activated options per connection are listed in the customer account.

Galaxus Mobile does not guarantee the continuous availability of the options. In addition, Galaxus Mobile reserves the right to extend, restrict, adjust or otherwise adapt the options at any time. If the customer makes use of the affected options, they will be notified of such changes in a suitable form (Section 9.3). The restriction or setting of an option has no influence on the portfolio of the contract or connection to which the option is assigned.

3.3 Family + Friends option

The Family + Friends option includes the possibility of integrating the connections of several customers into the customer account of one customer and managing them via this one account («Family + Friends customer account»). As a result, the associated customers generally benefit from savings credited to their customer account, if and to the extent applicable. The management of the connections that are included in the Family + Friends customer account («included connections») as well as the payment of the associated invoices is carried out by the owner of the Family + Friends customer account («main customer»). As soon as the owner of an included connection enters a payment method, split invoicing is activated and the owner must cover their own costs. Separate and independent contractual relationships exist between Galaxus Mobile and the other customers whose connections are included in the Family + Friends customer account («associated customers»). Accordingly, if an existing connection is integrated into a Family + Friends customer account, no transfer of the respective contract to the main customer takes place and the respective associated customer remains the owner of their connection. When extending a Family + Friends customer account with the connection of a new customer, this new customer concludes a separate contract with Galaxus Mobile and becomes the owner of the connection in question. The associated customer acknowledges and accepts that the administration of their contract and connection may be carried out by the main customer (e.g. blocking of the SIM card, purchasing data packs, termination of the connection, etc.) and that the main customer has access to contract and billing data as well as other data about the associated customer and their connection. If the associated customer has a customer account with their own login, they can manage their connection themselves at the same time.

The main customer and all associated customers acknowledge and accept that all associated customers can see information in the Family + Friends customer account related to the main customer and other associated customers (e.g. first name, initials, the selected plan, monthly data use).

In particular, the main customer must pay all amounts invoiced (subscription fees, fees for options and all other amounts invoiced as a result of the use of the services purchased from Galaxus Mobile) in respect of all integrated connections. This obligation does not end in the event of a change of plan and its associated tariff. The main customer is discharged of the obligation to pay invoices of an associated customer as soon as the latter enters their own payment method. The obligation to pay the respective invoices of the associated customer then lies with the associated customer. If a connection is added to the Family + Friends customer account during the course of a calendar month, the main customer will be charged the entire subscription fee and all other amounts incurred as a result of using the connection in question for the full calendar month.

Payment of invoices by the main customer shall be made with discharging effect for the associated customers. Galaxus Mobile shall, however, be entitled to assert its claims directly against the associated customers for its own respective services, e.g. in the event of payment gaps or non-payment. If an associated customer enters their own payment method mid-month, they will be invoiced for the full calendar month. Payment of invoices by the associated customer shall be made with discharging effect for the main customer. In addition, Galaxus Mobile is entitled to take appropriate measures for all connections included in a Family + Friends customer account (e.g. blocking of services or termination of connections with corresponding loss of the telephone number) in the event of any illegal or non-contractual use of individual associated connections or in the event of payment gaps or non-payment.

3.4 Guarantee

Galaxus Mobile guarantees the careful provision of the contractually agreed services. Galaxus Mobile strives particularly for a high availability of its services. However, Galaxus Mobile does not assume any guarantee or assurance for

the uninterrupted and trouble-free functioning and safety of the infrastructure and its services as well as safety,
continuous and area-wide availability of services,
specific transmission times, speeds or capacities,
a specific availability and quality of voice and data traffic, in particular on third-party networks or with connections to third-party networks, as well as in regard to operation and support,
the availability of individual wireless technologies and standards,
the provision or maintenance of certain technical means (e.g. infrastructures, platforms, transmission technologies and protocols and user interfaces) and the provision or maintenance of services accessible through them,
the retention of roaming countries,
the integrity of data transmitted or received via the infrastructure of the system operator or the networks of third parties,
content or services created by or accessible at third parties,
the protection of the network infrastructure against unauthorized access or interception,
the protection of the customer or his devices and data against harmful software, viruses, spamming, trojans, hackers, spyware, phishing or other criminal attacks actions of third parties,
the avoidance of data loss,
safety precautions on the infrastructure of the network operator to avoid damage to the customer’s equipment,
in the event of the customer moving, that the services can be offered at the new location to the same extent.

Further, Galaxus Mobile does not assume any responsibility for

content which the customer has Galaxus Mobile transmit or edit or which the customer makes accessible to third parties,
content that the customer receives via mobile networks,
the accuracy, completeness, timeliness, legality and expediency, availability and timely delivery of information created by third parties, retrievable from third parties or made available via the services of Galaxus Mobile.

3.5 Mobile network, coverage and maintenance

The network coverage stated by Galaxus Mobile is not binding. Gaps in mobile communications coverage can also occur in well served areas and especially in buildings. For legal, technical or factual reasons, an existing mobile phone coverage at a certain location can deteriorate or be completely omitted. WLAN is not part of the mobile network of Galaxus Mobile. Galaxus Mobile and/or the network operator reserve the right to temporarily restrict or interrupt the services, e.g. due to maintenance and servicing work, the introduction of new technologies, the elimination of faults or due to capacity bottlenecks. The occurrence of such an event does not entitle the customer to extraordinary termination of the contract, an individual connection or options. Galaxus Mobile, together with the network operator, strives to correct faults within its sphere of influence within a reasonable period of time during operating hours. If Galaxus Mobile is claimed by the customer due to malfunctions, the cause of which is not in the customer’s infrastructure, the associated costs may be charged to the customer.

3.6 Roaming

Phone calls and data connections as well as short message services (SMS/MMS) abroad are possible provided that these are the subject of the contractually agreed services and corresponding roaming agreements exist between the network operator and the foreign mobile communications providers. The respective scope of roaming services shall be determined by the offer of the respective roaming partner. Furthermore, mobile communications coverage abroad is dependent on the network of the respective roaming partner and its technical and operational capabilities. In countries with several possible mobile network providers, Galaxus Mobile or the network operator determines the respective roaming partner.

3.7 Bandwidths, speeds and technologies

With regard to data traffic over the mobile network, there is no assurance as to bandwidths or transmission speeds. The bandwidths and transmission speeds stated by Galaxus Mobile are the best possible performance and cannot be guaranteed. The actual bandwidth or transmission speed depends, for example, on the network coverage, the location, the network load, the network quality, the network expansion, the device used and other factors and may be lower than the specified maximum data. The uninterrupted transition between different technologies cannot be guaranteed. Galaxus Mobile or the network operator are entitled to discontinue older technologies and standards after receiving prior information. There is no entitlement to a particular technology or a particular standard.

3.8 SIM card, telephone number and other addressing elements

Replacement SIM cards or a change to another card format are generally subject to a charge. Galaxus Mobile replaces defective SIM cards free of charge. If technically or operationally necessary, Galaxus Mobile is entitled to exchange the SIM card at any time. If a customer uses a device with a permanently installed SIM chip (eSIM), an eSIM profile must be activated in order to use the services.

There is no entitlement to receiving or keeping a specific telephone number or other addressing element. Galaxus Mobile provides the customer with the telephone number and other addressing elements for use. They do not become the property of the client and can therefore neither be sold, pledged, inherited nor otherwise transferred to third parties, unless Galaxus Mobile expressly agrees to this.

Galaxus Mobile may take back or change the telephone number or the other addressing elements without compensation if this is required for official, operational, legal or technical reasons or in the event of disputes over telephone numbers. Subject to porting to another provider, the telephone number and the other addressing elements shall be returned to Galaxus Mobile without compensation upon termination of the contract, connection or subscription to the corresponding service and may be assigned to other customers.

If the SIM card or a device with an activated eSIM profile is passed on by the customer, the name, address and other details of the customer will continue to be disclosed to the relevant authorities at their request. If acts liable to result in criminal proceedings are committed using the forwarded SIM card or the forwarded device with activated eSIM profile, the customer may be prosecuted under certain circumstances for complicity, aiding or abetting.

3.9 Blocking

Galaxus Mobile may block or restrict services in whole or in part without prior notice if

there is an important reason (Section 2.3.3),
the blocking or restriction is in the presumed interest of the customer, e.g. in the event of misuse by third parties,
in the event of justified doubts as to compliance with the payment obligations pursuant to Section 5.3.

Galaxus Mobile particularly reserves the right to block value-added services in general or individual value-added service numbers. This may be done permanently or during the first months of use in order to prevent misuse.

The blocking or restriction may be maintained until the reason for the block or restriction ceases to apply. If the customer is responsible for the reason for the blocking or restriction, the obligation of the customer to pay for the affected services remains unaffected during the blocking or restriction. In addition, Galaxus Mobile may charge the client a fee in accordance with the fees published on abos.galaxus.ch as well as the costs for a possible replacement SIM card for the blocking and unblocking of the service concerned, unless otherwise stipulated in the Telecommunications Act.

3.10 Support

For support, a FAQ with frequent questions/answers as well as a contact form is available to the customer at abos.galaxus.ch. In addition, the customer may contact Galaxus Mobile customer support (hotline) during business hours with support requests. Galaxus Mobile makes every effort to answer support requests as quickly as possible.

3.11 Caller identification and suppression

The caller’s or the called party’s telephone number is always displayed, if technically possible, regardless of whether it is entered in a directory or not. The customer can suppress the number permanently or per call free of charge. For technical reasons, it is not possible to guarantee number display or number suppression in various cases, in particular for calls from a foreign network or to a foreign network and for SMS messages.

4 Prices, tariffs and fees

The current prices, tariffs and fees published on abos.galaxus.ch apply. Service charges (e.g. charges for holder change, number change, information on illegal calls, etc.) and usage-based charges such as minute, data transfer and roaming charges can be changed without prior information. Galaxus Mobile can also announce prices, tariffs and fees immediately before the use of a certain service. The payment obligation usually begins with the activation of the respective service, e.g. with the activation of the connection. Unless otherwise stipulated in the contract, in particular in the tariff overview or the tariff details, the following further provisions shall apply:

In addition to the plan fee, the following will be charged: connections abroad, connections in and from abroad, use of value-added services, connections to special numbers and value-added services (in particular 0801–0899, 051, 1xx, 084x, 090x, 0868, 0869, satellite phones, premium SMS/MMS), fees for additionally bought data packs as well as service charges.
Flat rates for voice calls apply only to calls within Switzerland unless explicitly included in the scope of services of the selected plan.
Chargeable voice calls are billed by the second.
Voice calls that exceed any included volume or additionally purchased voice volume will be billed at the respective per-minute rate. Galaxus Mobile is not obliged to disconnect a call if the included volume or the additionally purchased voice volume is exceeded. Galaxus Mobile will, however, inform the customer in a suitable manner (e.g. via SMS) of the accrued volume. This information is provided at the time when Galaxus Mobile receives the information about the duration of the call from the provider who handled the call via its mobile network. The provision of this information usually happens within a few seconds or minutes, but in exceptional cases it may take longer.
Calls from Switzerland to certain special numbers and value-added services abroad are blocked.
Flat rates for SMS/MMS apply only to SMS/MMS sent within Switzerland unless explicitly included in the scope of services of the selected plan.
National and roaming data credits included in the plan expire without compensation at the end of each calendar month. This also applies in the event of a change of plan.
Remaining credit balances from additionally purchased national data packages are transferred to the respective next usage period and only expire without compensation upon termination of the contract or the relevant connection. If the plan is changed, the remaining credit is forfeited.
Additionally purchased roaming data packages must be activated within twelve months after purchase and have a duration of twelve months after activation. The activation takes place with the first data roaming in the corresponding roaming zone. Excluded are additionally purchased roaming data packs with an unlimited scope of services. These have a duration of one month after activation.
Charges for calls abroad may also apply if a customer uses a foreign mobile network in border areas within Switzerland.
Voice messages (Galaxus Mobile voicemail) are irrevocably deleted after 15 days. Galaxus Mobile accepts no liability for deleted voice messages.
In the case of paid promotions or voucher campaigns that result in the reduction of a certain fee (e.g. plan price, prices for options, data packs, etc.), no refund will be made if the fee in question is subsequently reduced.
Discounts are not combinable.
With regard to both paid and free promotions (including those leading to the reduction of a certain fee) and vouchers issued before 1 May 2023 (prior to the change from «digitec connect» to «Galaxus Mobile»), the terms and conditions stated on helpcenter.abos.galaxus.ch shall apply.

5 Invoicing and terms of payment

5.1 General

The invoices shall be based on the technical records of Galaxus Mobile. Galaxus Mobile can combine different invoices of the customer and invoice minor amounts together with a subsequent invoice.

Open settlement units are billed as full units.

Only services for which billing data exists are taken into account in billing. Claims regarding subsequently supplied data, e.g. for roaming connections, can be asserted with later invoices. Galaxus Mobile may charge the customer for the amounts owed for the use of value-added services or any performance by other third party service providers, together with the bill for its own services.

The provisions of this section 5 shall also apply if Galaxus Mobile is responsible for invoicing and collection on behalf of third parties. Invoices are visible in the customer account. Objections to an invoice must be sent by the client to Galaxus Mobile by e-mail within 30 days of receipt of the invoice, stating the reasons. For this purpose, the customer has the right to request proof of connection provided that he or she is the owner of the corresponding telephone number. If this is not done, the bill shall be regarded as accepted by the customer. If the objections only concern a partial amount of the invoice, the customer shall pay the unobjected partial amount.

Refund claims of the customer due to overpayments will be credited to the customer’s invoice account and offset against the next invoice amount. Upon termination of the contract or termination of a connection, all outstanding claims and amounts shall become due and payable.

5.2 Payment methods

The customer undertakes to pay the invoiced amount by valid credit card or by TWINT. No other forms of incoming payments will be accepted. Only private customers are allowed to pay via TWINT. The payment method is stored in the profile for future charges. Only credit card providers identified on abos.galaxus.ch will be accepted. Billing or charging of the credit card or TWINT is done automatically on a monthly basis in retroactive mode.

5.3 Default

If the customer does not fulfil his or her payment obligation, in particular because the debit cannot be carried out properly due to restrictions on the credit card or TWINT on the part of the customer, the customer shall be in default immediately and without further ado. The delay shall also occur if the customer raises objections to a partial amount of the invoice but does not pay the partial amount not objected to. Galaxus Mobile reserves the right to charge default interest of 5%. In addition, the customer shall bear all costs incurred by Galaxus Mobile as a result of default in payment. In particular, after an initial free payment reminder sent by SMS or e-mail, the customer will be charged a fee of CHF 30.– per additional payment reminder. Galaxus Mobile can call in third parties for collection at any time.

The customer must pay minimum fees for this and pay these directly to the third party called in. In addition to the minimum fees, the customer must pay individual expenses and disbursements of the third party involved which are necessary for the collection. If the client is in default, Galaxus Mobile may, as far as legally permissible, interrupt the provision of services with regard to individual or all services, take further measures to mitigate damages and/or terminate the contract without notice and compensation.

5.4 Extraordinary usage behaviour

Galaxus Mobile is not obliged to monitor the usage behaviour of the customer. If the customer’s usage fees increase sharply, Galaxus Mobile shall be entitled, but not obliged, to inform the customer thereof, provided that Galaxus Mobile is aware thereof. In case of suspicion of abuse or doubt of the customer’s willingness or ability to pay, Galaxus Mobile may immediately block all or individual services or demand security from the customer (e.g. in the form of an advance payment).

6 Duties/services of the customer

6.1 Payment

The customer is obliged to pay for the purchased services in due time.

6.2 Legal and contractual use and misuse

The services of Galaxus Mobile are intended exclusively for usual and average private use for private customers and exclusively for usual and average commercial use for business customers. This refers to the usual use of the connection in a mobile terminal for voice and data connections as well as SMS/MMS. The hotspot functions (tethering) of mobile devices are intended for personal mobile connectivity. As long as specific Galaxus Mobile products are not expressly intended for this purpose, Galaxus Mobile products (incl. MultiSIM) do not serve to replace fixed network Internet. This applies, for example, to stationary use of a SIM card in a router or hotspot device. The use of a SIM card in a router or hotspot device can be prevented without notice.

The customer is responsible for the legal and contractual use of the services. Furthermore, the services may not be misused. The following in particular shall be deemed to be contrary to law or contract and/or abusive:

a misuse or use that is not in accordance with the intended purpose of the services (e.g. for special applications such as monitoring applications, machine-to-machine and direct dial-up connections),
the harassment or disturbance of third parties, in particular the obstruction of third parties in the use of telecommunications services,
hacking (e.g. intrusion attempts into the infrastructure of third parties), spying on other users or their data and fraudulent attacks (e.g. phishing),
the transmission or disclosure of illegal or immoral content,
the commercial redistribution of the services or the provision of telecommunications services based on the services purchased,
the use of the services to terminate calls on the mobile network of the network operator by means of GSM gateways or similar equipment,
the establishment of permanent connections as well as connections which result in direct or indirect payments or other compensations by third parties to the customer,
the forwarding of calls to short or value-added service numbers,
the distribution of unfair mass advertising (spam),
the distribution of harmful software (e.g. viruses, Trojans, etc.),
the connection of incompatible devices to the infrastructure of the network operator,
unauthorized access to or use of data, systems and network elements,
excessive use that leads or may lead to system or network overload.

If Galaxus Mobile provides evidence or if there are indications that the use of the services by the client deviates considerably from the usual private or business use or if the client (or persons under their responsibility) uses the services in a way that is contrary to the law or the contract or abuses them, Galaxus Mobile is entitled to encourage the client to use the services in accordance with the law or the contract, to change the services without prior notice without compensation (e.g. conversion into another subscription), to block or restrict the services (e.g. by means of limits), to terminate the contract or the relevant connection without notice or compensation, to take other appropriate measures and, if necessary, to demand compensation and indemnification against third-party claims. The same applies in the event of incorrect or incomplete information provided by the customer during contract conclusion or at registration/ordering. If there are signs of illegal, non-contractual or abusive use, the customer is obliged to provide Galaxus Mobile with information about the use.

Furthermore, the customer must notify Galaxus Mobile immediately via the contact channels indicated on abos.galaxus.ch in the event of an established or imminent misuse of the services (including misuse at the expense of the customer).

6.3 Responsibility for content

The client is responsible for the content of the information (voice, SMS/MMS and data in any form), which he or she has transmitted or processed by Galaxus Mobile or which he or she makes accessible to third parties.

6.4 Responsibility for use of connections

The customer is responsible for all use of the connections, including use by third parties.

In particular, the customer must pay all amounts invoiced as a result of the use of services purchased from Galaxus Mobile. This also applies to services or goods from third parties which were purchased or ordered via its connections (e.g. value-added services). The customer has the possibility to obtain several connections from Galaxus Mobile. As the holder of the contract and the connection, the customer bears full responsibility always for the collection of the personal data of all persons who use the connections assigned to the holder and administered in the holder’s customer account, as well as for the payment of all invoices resulting from the use of these connections. In the event of any illegal, non-contractual or abusive use of individual connections or in the event of payment gaps or non-payment, Galaxus Mobile shall be entitled to take appropriate measures for all connections assigned to the client.

If the customer provides connections or other services purchased from abos.galaxus.ch to minors for use, he or she is responsible for compliance with the relevant provisions for the protection of minors. Within the scope of technical possibilities, Galaxus Mobile makes blocking options available.

6.5 Devices of the customer

The use of the services requires the use of suitable and compatible devices (e.g. smartphones or tablets incl. dedicated software and any eSIM) by the customer. The customer is responsible for the purchase, installation, functionality and legal conformity of these devices. If the customer uses a device with a permanently installed SIM chip (eSIM) to use the services, the SIM chip is a component of the customer’s device.

Galaxus Mobile does not grant the customer any investment protection. Galaxus Mobile and the network operator are entitled to access the devices used by the customer for the purpose of configuration, maintenance or optimization or expansion of their services in the form of remote maintenance via the mobile network and to view, change, update or delete technical data or software available there. In the context of remote maintenance, Galaxus Mobile or the network operator gain access to those files of the customer which are directly related to the configuration of the device as well as the services. Galaxus Mobile is not liable for any damage to the customer’s equipment occurring after remote maintenance.

6.6 Security instructions, passwords, etc.

The client must follow the security instructions provided or published by Galaxus Mobile. In particular, the customer must regularly secure data and carefully store access data (login), passwords and PIN and PUK numbers and not pass them on to unauthorized third parties. PIN and PUK numbers must also be stored separately from the customer’s devices or the SIM card.

PIN numbers must be changed regularly.

If access data (login), passwords, PIN and PUK numbers, a SIM card or a device with activated eSIM profile are lost, Galaxus Mobile must be notified immediately. Up to this point in time, the customer must in any case pay for the services purchased via the corresponding connection (e.g. in the event of interim use of the connection by unauthorized third parties). The customer must protect his devices and data against unauthorized access by third parties. He shall take state-of-the-art measures to prevent his equipment from being used for the distribution of illegal or otherwise harmful content, in particular unfair mass advertising (spam), fraudulent messages (phishing e-mails/SMS) and harmful software (viruses, trojans, etc.). The electromagnetic fields caused by the client’s devices can interfere with the functioning of other devices such as hearing aids, pacemakers and household appliances. In order to prevent malfunctions, the safety measures specified by the manufacturers must be observed. The customer must inform himself about and comply with any prohibitions and restrictions on use (e.g. road traffic, air traffic).

6.7 Customer information

When registering/ordering, the customer must prove his identity by means of a passport, an identity card or a foreigner’s identity card as defined in Articles 71 and 71a of the Ordinance of 24 October 2007 on Admission, Residence and Gainful Employment (OASA).

The customer is obliged to keep up to date at all times his or her contract, invoice and e-mail address in the customer account as well as the details of those persons to whom the customer provides connections for use. The e-mail address given by the customer and stored in the customer account is the primary delivery address of the customer. Accordingly, Galaxus Mobile usually transmits contractrelevant information (e.g. invoices, reminders, changes to services and/or contract conditions, operational information such as maintenance work, etc.) to this e-mail address or makes this information available to the customer in another suitable manner (e.g. in the customer account). Information transmitted or made available in this way shall be considered as validly delivered.

Galaxus Mobile is entitled to withhold its services until the customer has entered the data correctly and completely and has proven their identity. The customer’s obligation to pay for the services remains unaffected.

7 Liability of Galaxus Mobile

In the event of breaches of contract, Galaxus Mobile is liable, unless it can prove that it is not at fault, for proven direct material damage and financial loss per damage event up to the equivalent of the services purchased during the last contract year for the affected connection, up to a maximum of CHF 50’000.–. Liability for indirect or consequential damage, in particular loss of profit and loss of data, is excluded to the extent permitted by law. Furthermore, Galaxus Mobile is not liable for damages resulting from illegal, non-contractual or improper use of its services by the client (or persons under their responsibility).

Galaxus Mobile assumes no liability in cases of force majeure or for damages for which Galaxus Mobile or the network operator are not responsible or which are caused by the blocking or termination of Galaxus Mobile services. Force majeure includes all unforeseeable events and events for which neither party is responsible, including in particular power failures and the occurrence of harmful software (e.g. viruses). In cases of force majeure, Galaxus Mobile is also released from its obligation to perform.

8 Third-party services and goods

If the customer purchases services or goods from third parties e.g. value-added services (in particular 090x numbers and SMS/MMS short numbers) («Third-party services») via his or her connection, the customer concludes the contract for such services or goods with the third party in question, unless otherwise agreed, and the terms and conditions of the contract apply. In this regard, Galaxus Mobile is not the customer’s contractual partner, neither with regard to the services purchased nor with regard to payment, does not assume any liability or warranty for the services and cannot be held liable for them nor provide any information. In such cases, Galaxus Mobile’s services are limited to providing technical access to the third party and third-party services concerned.

Galaxus Mobile may, however, – depending on the design of the respective offer – take over the billing of the third-party services for the third party concerned, i.e. collect the corresponding remuneration or fees (e.g. on its invoice) and carry out the collection. A turnover limit of CHF 5,000 per year and customer applies to the purchase of such third-party services billed by Galaxus Mobile. When this limit is reached, the purchase of further third-party services is blocked for a certain period of time. In the case of business customers and customers with multiple lines, such disconnection shall affect all lines in the customer’s name.

The customer may arrange for Galaxus Mobile to block value-added services that are obtained via the Galaxus Mobile connection and charged to the Galaxus Mobile invoice (in particular 090x numbers and SMS/MMS short numbers). The blocking may include all relevant value-added services or only those for adult entertainment.

9 Further provisions

9.1 Intellectual property

For the duration of the contract, the client receives the non-transferable, time-limited and non-exclusive right to use the agreed services of Galaxus Mobile in accordance with the contract. The content and scope of this right are set out in the contract. The customer is not entitled to any further rights.

All rights to existing intellectual property or intellectual property arising from the performance of the contract with regard to Galaxus Mobile services and products shall remain with Galaxus Mobile or the respective authorized third party. If the client violates intellectual property rights of third parties and Galaxus Mobile is held liable, the client must indemnify Galaxus Mobile in full.

9.2 Transfer

The transfer of the contract or of rights or obligations from the contract by the client requires the written consent of Galaxus Mobile. Galaxus Mobile is entitled to accept a change of party where the parties give their consent via the contact form on helpcenter.abos.galaxus.ch. Galaxus Mobile is entitled to transfer the contract or rights and obligations arising from it (including claims) to third parties without the consent of the customer.

9.3 Change of services and contractual conditions

Galaxus Mobile reserves the right to change the services and/or contractual conditions (including prices, tariffs and fees as well as these GTC) at any time or to discontinue individual services. The client will be informed of any changes in a suitable manner (e.g. via e-mail, in the customer account, on the invoice or on abos.galaxus.ch). Galaxus Mobile notifies the customer of changes which are associated with a considerable disadvantage for the customer (e.g. a significantly higher price of the connection, the adjustment of the connection, the discontinuation or significant restriction of a service) in good time in advance. In this case, the customer may terminate the contract at the time the change takes effect without incurring any costs. If the change relates to a specific benefit (e.g. an option), the right of termination refers exclusively to this benefit. If the customer fails to terminate the contract, the changes shall be considered accepted. Price adjustments resulting from a change in legal requirements (e.g. an increase in the VAT rate) and price adjustments made by third parties (e.g. value-added services) do not entitle customers to terminate the contract. Galaxus Mobile can submit one of the following replacement offers to the customer after receipt of the termination:

the full or partial continuation of the existing contractual conditions or
the compensation of the additional costs incurred by the customer as a result of the change by appropriate means.

If Galaxus Mobile lowers prices, it can simultaneously adjust any discounts granted. Any changes requested by the customer or customer-specific collateral agreements, changes or supplements require the written consent of Galaxus Mobile.

9.4 Set-off

The client waives his right of set-off with regard to all claims against Galaxus Mobile.

10 Applicable law and place of jurisdiction

The contract shall be governed by the laws of Switzerland. Place of jurisdiction is Zurich. Mandatory places of jurisdiction (e.g. in the case of consumers the place of jurisdiction at their domicile in accordance with Art. 32 ZPO) remain reserved.