General Terms and Conditions

Version from November 2011

The General Terms and Conditions govern the business relationship between Moneyhouse AG, the operator of moneyhouse.ch (hereinafter referred to as “Moneyhouse”), and the customer (hereinafter referred to as “customer”). The General Terms of Use of moneyhouse.ch are also an integral part of the present General Terms and Conditions. Any conflicting or differing GTCs of the customer shall have no effect, even if Moneyhouse does not expressly contradict them.

1. Basis of the business relationship

A contract for a Moneyhouse Premium membership, a creditworthiness subscription, the request for creditworthiness information or other specific services shall entitle the customer – upon payment of the agreed-upon rate – to the use of the services offered. The corresponding rates and conditions as well as these General Terms and Conditions and any other specific terms and conditions and contractual bases shall apply.

2. Contract terms

Information services are an integral part of the services performed by Moneyhouse and its partners. Under no circumstances do these services include any rights to software, licensing rights or any intellectual property rights.

3. Contract duration and termination

The Premium membership, the creditworthiness subscription and/or other specific services come into effect upon conclusion of the contract and are valid for the agreed duration of the contract. Upon expiry, this contract shall be renewed by tacit agreement for the original contract duration agreed unless terminated by either party 14 days before expiration of the contract in writing or by using the link at moneyhouse.ch under the customer’s personal “My account” section. Moneyhouse reserves the right to withdraw from the contract in the event of a late payment (section 3) and in accordance with section 8. The three-month trial subscription is excluded from this provision. Upon expiry, this subscription is renewed by tacit agreement for 12 months at the current valid price based on the list of rates (see also Paragraph 4).

4. Prices, rates and payment conditions

If the contract is renewed, any new list of rates shall automatically apply, and is to be made available to the customer upon request. All of the prices mentioned by Moneyhouse or displayed in the lists of rates are net prices excluding VAT. The invoices issued by Moneyhouse are due immediately if no other agreement has been made. If the customer defaults on a payment, the legal consequences of default shall come into effect. Furthermore, Moneyhouse has the right to charge CHF 10.00 per overdue notice for administrative expenses and to terminate the contractual relationship with immediate effect (without providing a period of grace), with no obligation to offer a refund or compensation. Moreover, the customer shall be responsible for any additional costs caused by his/her payment default.

5. Right of representation

For the provision of services and in particular the processing related to a Premium membership or other specific services, Moneyhouse recognises the customer’s employee who communicates with Moneyhouse in person, by telephone or in writing (by letter, fax or email) as the authorised and empowered representative, regardless of the signatory power listed in the commercial register. The customer shall bear the risk for inadequate authorisation to represent the company or a lack of legitimisation for company employees.

6. Means of communication and transmission errors

Moneyhouse is entitled to direct all messages to the customer to the delivery address or email address, telephone and/or fax number listed in the contract. Moneyhouse is to be provided with timely written notification of changes by the customer (by letter, fax, email or through a change to “My account” in the customer’s personal section at moneyhouse.ch). The customer shall bear the risk for damages arising from the use of communication and/or transport means including loss, delays or the incorrect transmission of information.

7. Due diligence obligations and disclaimer of warranty for Moneyhouse and its partners

Moneyhouse endeavours to look after its own data records and those of its partners. The customer acknowledges that data and information may still contain a certain degree of error. The provision of data and the associated services is therefore made “as existing and available”. Subject to statutory regulations or unless expressly mentioned in another written agreement, Moneyhouse and its partners exclude any warranty, especially with regard to completeness, current relevance, accuracy, usability or suitability of the data for a specific purpose. Recommendations and empirical data such as ratings, categorisation in risk classes, and score values are non-binding without exception, and in this regard any warranty is excluded. Moneyhouse and its partners are unable to guarantee their ability to provide services without interruption or errors and moreover undertake no responsibility – to the extent permissible by law – for the availability, quality or execution of the services. Moneyhouse is liable for any direct and immediate damages incurred by the customer insofar as these can be proven to result from a wilful or grossly negligent violation of duty by Moneyhouse or its partners. Any further liability by Moneyhouse or its partners is hereby expressly excluded. Thus, no liability exists in particular for the deletion or any other type of loss of data by the customer, nor for third-party damages.

8. Due diligence obligations and liability of the customer

All information, notifications and reports from Moneyhouse are to be handled with the utmost confidentiality. The use and application of this information is only permitted for the customer and his/her employees, where applicable, for their own purposes. Forwarding it to a third party (even within the same company) is prohibited. The customer commits to the following: not to make his/her user account and especially his/her access information (password) available to other individuals – even within the same company; to safeguard the access information and protect it from third-party attacks; to fill out his/her contact information and other details accurately when registering; and not to misuse or overuse his/her access rights. Inappropriate use occurs, to name one example, when the ratio between search queries and the request for creditworthiness information using the creditworthiness subscription exceeds a factor of 10 (10 search queries to one creditworthiness request). The customer thereafter agrees to the careful adherence to the legal data protection regulations as well as the data protection terms in accordance with section 9. The customer is responsible for any damages resulting from negligence of his/her due diligence obligations or from a copyright violation, namely those affecting Moneyhouse as well as its partners. In addition to this, Moneyhouse reserves the right to terminate the contractual relationship with the customer with immediate effect in the event of any significant breach of one of these obligations or a copyright violation. In this case, the customer shall have no right to a refund of the payments made or to compensation.

9. Privacy Statement

The contractual relationship existing between Moneyhouse and the customer may also include the supply of data which is subject to the terms of the legal provisions concerning data protection, with possible resultant restrictions on the scope of the services rendered. In particular, economic reports, creditworthiness notifications, official information on debt enforcement actions, data on taxes, property and payment history, etc., are subject to the provisions of the Data Protection Act and require evidence of interest (such as a written order, quotation or contract). Before requesting information that requires proof of valid interest, the customer undertakes to obtain or confirm adequate proof of valid interest and agrees to recompense Moneyhouse and its partners for any damages arising as a consequence of his/her failure to possess adequate proof of valid interest or any other violation of the guidelines of data protection.

10. Applicable law

This contract is subject to Swiss law.

11. Court of jurisdiction

The venue for settling any legal disputes is agreed to be the competent courts for Moneyhouse in Urdorf. Moneyhouse reserves the right to take legal action against the customer at an alternative competent court.