AGB

1 Subject matter of the contract

1.1 Participants in EveryWare AG services (hereinafter referred to as "EveryWare") are legal entities or natural persons who obtain services from EveryWare under a service contract.

1.2 Integral parts of the service contract are

- these General Terms and Conditions of Service
- the current price list for EveryWare services

1.3 If the participant also makes use of third-party services by means of EveryWare services, the participant shall be responsible for compliance with the terms of use of these third-party services and may be held directly liable in the event of damage. In particular, the participant is obliged to settle accounts directly with the third parties for the use of their services. EveryWare reserves the right to agree otherwise in writing.

1.4 The participant further undertakes to comply with the cantonal and federal legal provisions on data protection, telecommunications and copyright applicable to the exchange of data and information brought about by the participant.

2 Commencement, duration and termination of the service contract

2.1 The service contract with the subscriber shall be concluded, or EveryWare shall not be bound, until EveryWare has confirmed the application for the conclusion of a service contract signed by the subscriber in a legally binding manner. EveryWare shall determine the commencement of the use of services by the participant.

2.2 The service agreement shall be concluded for an indefinite period. Written agreements to the contrary are reserved.

2.3 Either party may terminate the service agreement by giving 6 months' notice by registered letter to the end of a month, but for the first time at the end of the minimum contract period of 6 months specified in the service agreement between the parties in the case of a subscription with worldwide access. Upon expiry of the leased line license granted to EveryWare by SWISSCOM, this contract shall be automatically terminated at the same time.

2.4 EveryWare may terminate the service contract at any time with immediate effect for good cause.

3 EveryWare's obligations

3.1 EveryWare shall provide the agreed services within the framework of the financial and personnel resources available to it in accordance with the current state of the art. EveryWare cannot guarantee the uninterrupted and correct provision of the services. In the event of disruptions in the use of services, the participant shall only have the right to withdraw from this contract, provided that it has informed EveryWare of the disruption immediately in writing and has set a reasonable deadline for rectification twice. Announced interruptions of the services, in particular as a result of maintenance work by SWISSCOM, shall not be deemed to be disruptions.

3.2 The software, equipment and devices made available to the subscriber for the use of the services shall remain the property of EveryWare and the subscriber shall not receive any rights of disposal or copyrights in respect thereof.

3.3 The services shall in principle be available to the participant for use 24 hours a day, 7 days a week. Agreements and disruptions of a technical nature that lead to impairment of the services are reserved.

3.4 EveryWare shall support the participant in establishing a stable condition for the use of the services. If the effort required for this purpose exceeds the usual level, or if the effort required from EveryWare is due to a malfunction of the subscriber's system components or improper operation, EveryWare shall invoice the subscriber for the additional or total effort at EveryWare's current rates.

4 Obligations of the participant

4.1 Unless otherwise agreed in writing, only the participant named in the application form shall be entitled to use EveryWare services. The participant is prohibited from using the EveryWare services or making them available to third parties.

4.2 The participant undertakes to inform EveryWare immediately of any defects, malfunctions or unavailability of services and/or systems of which it becomes aware, and in particular of any use of the services by it, its employees or third parties engaged by it or by unauthorized third parties (e.g. hackers) in violation of the law or the contract.

4.3 The subscriber hereby agrees that EveryWare may disclose information about him, namely data about the network connection, contact persons of the subscriber, etc., to third parties if this is necessary for the provision of the services and their coordination by EveryWare.

5 Fees

5.1 The fees for the services provided by EveryWare to the subscriber shall be based on EveryWare's current price lists. EveryWare may adjust the fees at any time, in particular in the event of changed prime costs or high utilization of a connection, subject to 30 days' written notice to the end of the month. EveryWare may also implement improvements to the range of services while maintaining the fees as well as fee reductions with a shorter notice period to the end of the month.

5.2 The fees shall be invoiced to the participant quarterly in advance. The fees are to be paid net within 20 days. The bank details stated on the invoice must be used by the participant for payments. Any bank and postal charges incurred by EveryWare as a result of the payment will be invoiced to the participant with the next invoice.

6 Liability

6.1 To the extent permitted by law, EveryWare excludes any liability for direct and indirect damage or consequential damage as well as for the auxiliary persons it uses to fulfill the contract.

6.2 It is the responsibility of the participant to protect the IT systems and devices in its possession that are used for EveryWare's services, as well as the data used for this purpose or accessible through EveryWare's services, including program data, from unauthorized access and manipulation.

6.3 The participant may be held responsible or liable for any damage incurred by EveryWare or third parties through its use of the EveryWare services. In the event of use of equipment by the participant, its employees or third parties contracted by it, as well as by third parties who have gained access to the EveryWare services via the participant's computer system without authorization from EveryWare, EveryWare may also immediately interrupt connectivity to the participant without notice.

7 Final provisions

7.1 These General Terms and Conditions of Service and the documents referred to in clause 1.2 above, in conjunction with the Service Agreement, conclusively govern the rights and obligations between EveryWare and the Subscriber.

7.2 In the event of contradictions between different language versions of the individual contractual documents, only the German language version shall prevail. EveryWare reserves the right to make the service sheets available to the participant only in English as the authoritative version.

7.3 The place of jurisdiction shall be Zurich City. EveryWare shall be entitled to sue the participant at its registered office or domicile. All contracts and the integral parts of the contract are subject to the Swiss Code of Obligations.

Zurich, September 2012