1. General provisions
The following GTC regulate the relationship between Domizilagentur GmbH, Zug (hereinafter referred to as the “operator”) and the user of the services provided by Domizilagentur GmbH, Zug (hereinafter referred to as the “customer”).
1.1 Applicability and the beginning of the mandate
These GTC apply to all mandate relationships relating to an offer of the operator, irrespective of whether the order is placed online, in writing, by e-mail or orally. The contractual relationship between the operator and the customer arises immediately after a service is booked. Any arrangements made with the customer with possibly contradictory tariffs, terms and conditions, offer descriptions etc. shall take precedence over these GTC.
The services may only be used for business purposes. The customer must also perform its activities within the limits defined by law. In the event of unlawful use or misuse, the operator shall have the right to discontinue the service.
1.3 Relationship and disclosure
In dealings with third parties the customer shall ensure that it does not create the impression that its actions are attributable to the operator. If, as a result of incorrect or incomplete information or for other valid reasons, a legitimate interest arises in the protection of the operator’s own interests and the protection of its employees or affiliated third parties or companies, the operator shall have the right to disclose to third parties that it works for the customer as a service provider.
1.4 Identity/creditworthiness check
The operator shall carry out an identity and creditworthiness check. It may make the provision of its services conditional on a positive creditworthiness check or the provision of security.
1.5 Credit limit
The operator shall have the right to set an individual credit limit and to discontinue the service if the credit limit is reached or make it conditional on the payment of security.
1.6 Credit (prepaid)
The operator shall have the right to demand advance payments and switch customer accounts to a credit basis and make the provision of the services conditional on that. Any credits must be used up and may not be refunded or transferred in the event of ordinary or extraordinary termination.
1.7 Rejection of orders
The operator shall have the right to reject orders without giving reasons.
1.8 Type of communication
The customer declares that it agrees to communicate with the operator electronically by way of e-mail and that it is aware of the risks involved in that type of transmission.
2.1 Ordinary termination
A general notice period for termination of three months applies. Termination may be carried out exclusively by mail, effective as of the end of the year.
2.2 Extraordinary termination
Extraordinary termination may be carried out for good cause. Good cause for extraordinary termination without notice includes:
a) due invoices are not paid either fully or in part despite the setting of an additional time limit of 10 days;
b) the services provided to the customer are used in breach of contract;
c) insolvency proceedings are initiated against the customer.
The operator reserves the right to annul a contract without notice for other valid reasons.
3. Scope of the services
The scope of the services is as specified in the tariff selected and applicable upon the placement of the order and can be accessed at www.domizilagentur.ch.
3.1 Availability of the services
The operator shall make every effort to provide its services reliably. The current state of the art of technology shall serve as the standard in this respect. However, the operator reserves the right to restrict or interrupt the services for the following reasons:
a) maintenance work or other necessary work;
b) malfunctions or disruptions;
c) all delivery points being occupied due to temporary overloading;
d) other reasons beyond the operator’s control.
Uninterrupted provision of the services cannot be guaranteed and shall not be deemed a reason for termination or a price reduction. Any interruptions shall be eliminated as soon as possible, within the limits of the operator’s possibilities. If longer restrictions or interruptions are to be expected, the operator shall promptly notify the customer about them.
3.2 Correctness and completeness of information
The operator does not provide any guarantee for incomplete or incorrect information provided to its employees, nor does it provide any guarantee for information which is not fully or correctly understood by its employees and is then transmitted to the customer.
All information that the operator gains knowledge of in connection with its work will be handled confidentially within reasonable limits in view of the circumstances and only passed on to third parties upon an explicit instruction issued by the customer, subject to judicial orders to surrender/announce information.
4. The customer’s obligations
4.1 Currency of customer data
During the mandate relationship the customer shall be responsible for the currency of its data. It shall also inform the operator in an appropriate form in cases of a longer absence.
4.2 Accessing information and ensuring receipt
The customer must regularly access its messages. The customer shall also be solely responsible for ensuring that all devices used to receive messages are in proper working order and able to receive.
5. Tariffs and terms and conditions
5.1 General provisions
The tariffs applicable upon the placement of the order can be accessed at www.domizilagentur.ch. The operator reserves the right to adjust the tariffs at any time. If the tariff prices increase to the customer’s detriment, it shall have a right of extraordinary termination; otherwise the tariff adjustment shall be deemed approved no later than 10 days from the announcement of the new tariffs. Unless otherwise marked, all tariffs should be understood as being in the respective national currency and subject to the addition of the applicable VAT.
5.2 Changing tariffs
The customer may change its tariff at any time. The new tariff shall come into force as of the first day of the following month.
5.3 Use-dependent tariffs
The settlement in the case of use-dependent tariffs shall consist of a monthly basic fee for the provision of the service and use-dependent service fees.
5.4 Issuing and delivery invoices
Invoices shall be issued each quarter, semester or year and include the basic fee and any use-dependent fees in accordance with the current tariff. Invoices shall be issued by e-mail. If the customer would like to receive an invoice by mail, it must separately notify the operator to that effect. The operator shall charge a fee in the amount of CHF 5.00 for mailing invoices by post.
5.5 Payment terms and default
Payments shall be made free of expenses and deductions, such that the operator can access the funds within the payment period specified on the invoice. If payment is not made on time, the operator shall have the right to charge, in addition to default interest of 5% p.a., a fee of CHF 5.00 per reminder, as well as any expenses (engaging a collection agency, address research, debt enforcement fees etc.) incurred due to the late payment. The operator shall also have the right to discontinue the provision of the service until any outstanding invoices have been paid in full.
5.6 Set-off prohibition
As a rule, setting off of receivables is excluded.
6. Data protection
6.1 Collection and use of data
The operator shall collect, store and process on the one hand data which is necessary for the fulfillment of the order and on the other data for logging the services used and billing.
6.2 Storage and transmission of data
The data shall be stored and processed in accordance with the provisions of data protection laws. Data shall be entered and transmitted via an SSL line in encrypted form.
6.3 Erasure of data
The customer shall have the right to request at any time that its data be irretrievably erased. The erasure shall be subject to a fee, subject to statutory requirements to the contrary.
7.1 Exclusion of liability
If agreed services are not performed or are performed incompletely or late and the operator is demonstrably culpable for this, the operator’s liability shall be limited to refunding a reasonable amount of the paid fees. Any liability for lost profits, order losses, losses of data and the like or any consequential losses is explicitly excluded. If the operator acts upon the customer’s instructions or if the customer fails to fulfill its obligations, any liability of the operator shall be explicitly excluded. This exclusion of liability shall not apply if the operator acts intentionally or with gross negligence.
7.2 Data security
The customer acknowledges that the security of the data cannot be absolutely guaranteed. Insofar as it does not act intentionally or with gross negligence, any liability of the operator in connection with the theft, improper use or misuse, erasure, alteration or other damage of data, is explicitly excluded. This particularly applies if third parties or malicious software of any kind use, damage, steal or alter data without authorization.
8. Final provisions
8.1 Amendments to the GTC
The operator may amend these GTC at any time without a prior announcement. It shall inform the customer of any amendments to the GTC by e-mail. If the GTC change to the customer’s detriment, the customer shall have the right of extraordinary termination, otherwise the amendment of the GTC shall be deemed approved no later than 10 days from the announcement of the new GTC.
8.2 Severability clause
If parts or individual formulations of these GTC do not reflect the current legal situation, do not fully reflect it or no longer reflect it, the content and effectiveness of the other parts hereof shall not be affected.
8.3 Applicable law and place of jurisdiction
Swiss law is exclusively applicable. The place of jurisdiction is Zug ZG. However, the operator shall have the right to bring a lawsuit against the customer before the competent court for its registered office or before any other competent court.
As at 09/24/2021