Version from the 1st of January 2020, valid until revoked
1. Basis of the business relationship
2. Content of the contract
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. Duration and renewal of the contract
The online services including, but not limited to, Premium membership, the credit rating 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, the contracts concerning the services of moneyhouse.ch shall be renewed by tacit agreement for the original contract duration agreed, unless terminated by either party one day before expiration of the contract in the manner indicated under the customer’s personal “My account” section. Excepted to this are any trial subscriptions, which are extended to the duration specified when concluding the contract and at the price that was notified in advance.
Should the customer fall into arrears, or infringe against the present GTCs, Moneyhouse will be entitled to terminate the contract immediately.
If the contract is renewed, any new price list that has been issued shall automatically apply, and will be made available to the customer upon request. The prepaid subscription price is guaranteed for the prepayment period and cannot then be increased. Subscription price increases will be announced on the relevant websites of Moneyhouse before they come into effect. Individual notifications to the customers will not be made. If the customer does not accept the price increase, the contract can be terminated under the existing conditions at the end of the term while observing the notice periods. All the prices stated by Moneyhouse, or displayed in lists of rates that have been issued, are net prices excluding VAT.
4.1. Scope of use
The products are intended solely for the personal, non-commercial use of natural and legal persons – any use beyond or diverging from this, and any dissemination of the products in other systems, is only permitted with the express consent of Moneyhouse and such consent may be revoked at any time.
Registration of a user account requires, among other things, a first name and surname, an address, and other details depending on the type of use required (private or business). Automated creation of user accounts is not permitted. The customer undertakes to use his/her login details in accordance with the contract and not to make them accessible to third parties without the written consent of Moneyhouse. The user is responsible for safeguarding his/her login details.
4.3. Services provided by Moneyhouse
Generally, the online services are available 7 days a week, 24 hours a day. Moneyhouse reserves the right to restrict these operating times and/or temporarily suspend them for technical reasons, and to modify the products at any time. The products are subject to ongoing changes and amendments. The content and scope of the products may also be extended at any time by software updates or technical advancements.
4.4. Due date, arrears and methods of payment
The invoices issued by Moneyhouse are due immediately if no payment period is indicated and no other agreement has been made. If the customer falls into arrears with the payment the legal consequences of default shall come into effect, and on second reminder a collection fee of CHF 20.00 will be charged. Moneyhouse is also entitled to assign external partners to process the collection of fees. Moreover, the customer shall be responsible for any additional costs caused by his/her payment default.
The following methods of payment are offered for fee-based products: credit card or delivered invoice. Moneyhouse reserves the right to modify, add to or remove the various methods of payment at its own discretion. There is no claim to a specific method of payment. An invoice delivered by e-mail can be settled via e-Banking. The contract between Moneyhouse and the customer comes into effect when the customer places an order via a member of the sales staff, or when Moneyhouse issues confirmation of the order, purchase order and/or payment.
4.5. Liability of Moneyhouse
Moneyhouse endeavours to attend to and manage its own data records and those of its partners. The customer takes note of the fact that data and information may still contain a certain degree of error. Subject to statutory regulations or unless expressly mentioned in another written agreement, Moneyhouse and its partners specifically exclude any warranty or guarantee 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 without exception non-binding in nature, and any warranty is excluded in this regard as well.
Moneyhouse will only accept liability for delays and errors where wilful or gross negligence can be demonstrated. In particular it does not accept liability for faults and delays of third parties. Moneyhouse shall only be liable for loss or damage incurred by the customer through use of the products when it can be demonstrated that this was caused by wilful or grossly negligent behaviour on the part of Moneyhouse. As far as the law allows, the liability of Moneyhouse will always be limited to the amount billed to the customer for the respective product. In no case shall Moneyhouse be liable for consequential damages or lost profits.
Moneyhouse does not accept liability for damage caused by faulty technology or computer viruses, spy programs and/or other harmful computer programs (malware, spyware). Neither is any liability accepted for the consequences of interruptions to business operations caused by any type of error, or resulting from work on rectifying errors, maintenance or introducing new technology.
The same restrictions to liability apply to the employees, representatives and agents who are used to fulfil the obligations of Moneyhouse.
4.6. Duty of care 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. 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.
The customer then undertakes to comply with the legal data protection regulations as well as the regulations according to the Moneyhouse data protection declaration. 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.
4.7. Copyrights and other intellectual property rights
Moneyhouse retains all copyrights and other intellectual property rights in connection with the products including their layout, software and contents. It is not permitted to present the websites of Moneyhouse or their contents wholly or in part by means of technical aids (e.g. framing).
The ownership rights and copyrights in all the data and services provided remain with Moneyhouse. Usage rights are only granted to customers to the extent necessary for fulfilling the purpose of the contract. In cases of doubt only usage rights and no copyrights or ownership rights are transferred. The customer is not entitled to pass on the data to third parties.
4.8. 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 e-mail) 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.
Moneyhouse provides the customer with an interface (API) to communicate with software of third-party providers. Unless otherwise agreed in writing, Moneyhouse always has the right to partly or wholly restrict access to this interface for good cause. Such good cause includes the migration of data over the interface by competitors of Moneyhouse to its detriment, or an overloading of the infrastructure by inquiries via the interface. The customer undertakes to delete all data provided by Moneyhouse within 10 days after the contract ends, and to confirm the deletion in writing to Moneyhouse.
4.10. Means of communication and transmission errors
Moneyhouse is entitled to direct all messages to the customer to the delivery address or e-mail 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, e-mail 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.
4.11. Place of jurisdiction and applicable law
The place of jurisdiction is the registered office of Neue Zürcher Zeitung AG in Zurich ZH. Swiss law applies. Neue Zürcher Zeitung AG has the right to take legal action against the customer at another competent court.