Price
This service is subject to a charge of CHF 1'300.00 per year payable in advance.
General Terms and Conditions of Business of Swiss DataService GmbH (hereinafter called "SDS")
- SDS services
The services offered by SDS are described on the website of SDS. The contents and scope of the individual services are described in the service catalogues which, together with these GTC, serve as the basis for contractual relationships between clients and SDS. SDS reserves the right to amend its range of services at any time. - Access to SDS services
- DS services can be accessed by users who identify themselves on the website with a personal password sent to them by SDS.
- Those who identify themselves pursuant to para. 2.1 (self-identification) are deemed by SDS to be authorised to use the SDS services.
- The programs and data offered as part of the SDS service range may not be disseminated, copied or changed.
- Obligations of users of SDS services
- The prices for services payable by users are set out in the contract or the applicable price list.
Invoices must be paid by the due date given in the invoice. - SDS may require users to make advance payments. If a user fails to make an advance payment, SDS may terminate the contract immediately without notice and without having to pay any compensation. The same applies if debt restructuring or bankruptcy proceedings are initiated against a user.
- The prices for services payable by users are set out in the contract or the applicable price list.
- Entry into force, term and termination of contract
- The contract enters into force on the date given in the contract and/or when the contracting party starts using the services offered by SDS.
- Unless agreed otherwise, the contract is concluded for a term of one year. It is tacitly renewed for another year if it is not terminated by one of the parties in writing in a letter delivered to the registered office of the other party.
- The notice period is 30 days to the expiry date of the contract.
- Due diligence obligations of users of SDS services
- The password provided by SDS is a personal password and should be treated as such; the user is obliged to keep the password secret and protect it from being used by unauthorised third parties. The user bears full responsibility for all consequences arising from the use, or misuse (pursuant to para. 3.2), of the identification details.
- In the event of misuse, the authorisation to use the SDS services will be cancelled without notice. SDS has the right to terminate the contract without notice. SDS reserves the right to take additional steps against users guilty of misuse of the identification details.
- Exclusion of liability
- SDS does not accept any liability for the accuracy and completeness of the data it has provided. Unless explicitly described as such, the data do not constitute binding offers.
- In the case of breach of contract, SDS is liable for the substantiated damage if it cannot prove that it is not at fault. For slight negligence SDS is liable without limitation for bodily injury. The limit of liability for property damage is CHF 500000 per claim, and for financial loss the limit of liability is the value of the service that was used, but not more than CHF 50000 per claim. SDS does not under any circumstances accept liability for consequential damage and lost profit. Any liability provisions in the service catalogues are reserved.
- SDS does not accept any responsibility for the end devices of users of SDS services and the software required for these devices.
- Data are transmitted through a public network, the internet. SDS does not accept any liability whatsoever for damage caused by the use of the internet. This also applies to any software provided by it and the consequences from or during the transmission of software via the internet.
The availability of the internet cannot be guaranteed. - Data traffic is relayed along public telecommunications infrastructure which is not specially protected. SDS does not accept any liability for damage incurred by the users of SDS services as a result of transmission errors, technical faults, interruptions, malfunctions or illegal intervention in telecommunications equipment.
- Special provisions
- The user is given the non-transferable and non-exclusive right to use the services for the term of the contract. The contents and scope of this right are described in the service catalogues. SDS or the authorised third party retains all intellectual property rights to the SDS services. More details on the property and exploitation rights to the services accessed by the user are provided in the service catalogues or price lists.
- If a party in spite of taking all due care cannot meet its contractual obligations because of force majeure, such as particularly bad natural disasters, warlike events, strikes, unforeseen government restrictions or criminal attacks on the systems of third parties, etc., the performance of the contract and date of this performance will be postponed as necessary.
- Set-off
Users may not set off their own claims against any monies owed to SDS without the latter’s consent.
- Foreign laws / import and export restrictions
The user acknowledges that in some circumstances it may infringe foreign legislation if it uses SDS services from abroad. The user also acknowledges that the use of the services from abroad may constitute an infringement of import and export restrictions governing encryption algorithms. The user is responsible for finding out whether or not this is the case. SDS accepts no liability in this regard. - Client data
Users of SDS services agree that SDS may use client data mined from the website of SDS for internal marketing purposes. - Severability
The invalidity, illegality or unenforceability of one or more of these regulations does not affect the other parts of the contract. - Applicable law, place of jurisdiction
This contract is subject to Swiss law. The place of jurisdiction is Zurich.