TERMS AND CONDITIONS

 

Definitons

In these terms and conditions, the following defenitions are understood as follows.

Operator

Albsearch.com as well as all its partners commissioned by it to operate maintain and market the application and related services.

 

Data Providers

All Albsearch parnters who supply basic information or supplementary data to Albsearch's portofolio that include more than their own entry.The complete current list can be found in the Albsearch imprint.

 

Provider(customer)

All legal persons who are represented in the Albsearch or who have registered, it is irrelevant whether these people make use of Albsearch's offers for additional fee-based entry, the free basic entry or only services as registered users.

 

Albsearch

Application and the necessary databases and content.

 

Visitors

All legal persons whi access the Albsearch applications via the Internet and whi are primarly looking for or claiming its functions.

 

Representative

All legal persons are registered with Albsearch as a provider representative. Once the registration is complete, representativec may change the registrations of the companies for which they are authorized. Companies can also appoint some representatives.

 

2.Scope of the General Terms and Conditions

2.1 These terms and conditions fix the relationships between the providers and visitors on the hand and the operator on the other. The latest version of the General Terms and Conditions may be viewed at any time and for all in the Albsearch application and is binding through express or implied of the parties.

2.2 If additional or new services are agreed, the most recent editon of these terms and conditions applies to all previously purchased services.

 

Entry into force and duration of the work contract/termination

3.1 The work contract does not require any special formal requirements and comes into force with the provider's approval of the the offer. The consent can be given by placing an order verbally on the phone, confirmation by email, sending an order form or the like.

 

3.2 Both the operator and the provider can terminate the contract with three month's notice at the end of the contract term. All fees and prices incurred up to the time of termination as well as any remaining amounts are to be paid in full by the provider. A refund of fees/prices already paid by Albsearch will not be made in the event of termination by the provider.

 

3.3 If the customers does not terminate the contract, both the one-year contract and three-year contract are automatically and tacitly extended for another year after the contract term has expired.

 

Services/Authorizations of Albsearch

4.1 Albsearch provides an applications on the Internet with which all companies and people can be found in a predefinded database of the Swiss economy. Access is possible via the company name, industries and products, as well as other criteria defined by the operator. Albsearch reserves the right to adapt the offer at any time and without express notification. Albsearch is authorized to transfer parts of all off the bussiness to third parties.

 

4.2 The operator ensures the greatest possible availability of Albsearch and ensures that availability is restored as quickly as possible in the event of interruptions.There is no entitlement to permanent availability. The operator does not guarantee compatibility with the devices and applications of the provider and visitors. The operator ensures quick and accurate results for the visitors. Albsearch reserves the right to adapt to new technological foundations at any time and without express notification.

 

4.3 The Albsearch services ordered is both an advisory and an IT service. These services are provided at the beginning of the work contract. The subsequent publications of the optimized company entry Albsearch and the export of Albsearch company data to the general search engines is carried out without futher billing. The subsequent updates to the entry are also included in the price.

 

4.4 Albsearch and its partners are entitled to exclude providers or visitors whti use Albsearch illegally or in violation of the contract at any time. Albsearch is also entitled to preserve all evidence, take necessary precautions and make them available to law enforcement agencies.

 

5.Services of the providers

5.1 If providers have to pay prices for services and products, they are based on the contract document or valid price lists or pricing infomation. The providers undertake to pay the billed amounst within the specified payment periods. Invoice objections must be filed within the payment period.

 

5.2.Albsearch Entries are intended exlusively for the purpose specified, finding businesses, persons or target persons. To enable suppliers for a product or services in Switzerland. In-house printing is allowed within the scope of functions intended for direct use by the visitors. Estabilishing direct contacts with registered providers is permitted and desirable. Use for other purposes os excluded. In particular, providers and visitors are prohibited from downloading or copying this data on their data carriers or IT systems and using them for their own or third party purposees. The use of the above-mentioned data for address trading, advertising campaigns including email campaigns is also prohibited. Regardless of whether they come from the switch or not the switch's acceptable use policy(AUP), the URL and email addresses apply, as can be seen on their website(see www.switch.ch.). The relevant obligations apply to all visitors. The operator may use this data for marketing measures directly related to Albsearch or addtional applications.

 

Data

6.1 Albsearch contains as complete a database as possible of all companies and individuals who do business in Switzerland and the Principality of Liechtenstein(legal entities, sole proprietorships, natural persons with self-employment). The basic data are obtained from the data suppliers. They can be supplemented or modified by the provider at any time(see section 5.4 below). Data that have been taken from the commercial register or other public registers must be changed in the original registers. Adresses that come from such registers are only deleten in Albsearch if they are deleted in the original register.

 

6.2 The data are the property of the data provider or-in the case of own editorial processing- the operator. Each provider that enters, supplements, or changes data, thus giving the operator the right to use it for Albsearch's operation.

 

6.3 The Albsearch data is always up to data, as provided by the data supplier or updated by the provider. Albsearch is updated regulary. There is no entitlement to this.

 

6.4 The update of one's own entry by the provider or a person(representative) commissioned by him is possible at any time within the scope of section 5.1. The provider is responsible for ensuring that he has the rights to use company names, images graphic, logos, etc. Albsearch is not obliged to check the existence of such rights, but in case of doubt can request proof. Authentication by the provider is required for initial orders or person who are acting for the first time on behalf of the provider. It is the operator'sresponsibility to determine the type and form of this authentication. The operator reserves the right to check the accuracy of any data that is updated by the provider.

 

6.5 Searching up in the Albsearch is free of charge. In-depth or supplementary services can be offered through third parties for a fee. In this case, Albsearch creates a link and refers the visitor on leaving the free Albsearch offer. Each provider may provide various additional entries specified bythe operator, which provide in-depth information about its business activities under other terms (products, industries, brands, peoples) or for advertising purposes. For such additional entries,Albsearch’s tariffs apply at the time of entry.A fee-based additional entry (data field) can be changed by the provider within the paid period

 

6.6 Basic data set by the operator is free of charge. Each provider may receive different additional inputs specified by the operator, which provide in-depth information about its business activities, which may be found under other terms (products, industries, brands, people) or advertising. For such additional notes, Albsearch fees apply at the time of entry. An additional fee-based entry (data field) may be changed by the provider within the paid period.

 

6.7 Entries received by data providers remain in Albsearch as long as they exist in the original registers. Data made or supplemented by the provider remain in Albsearch until the provider deletes them or the corresponding basic entry is deleted from the original registers. This rule also applies to additional entries subject to a charge. Unpaid paid entries will be deleted by theoperator thirty days after the invoice is due.

 

6.8 Entries are not permitted under applicable law, especially intellectual property (copyright, trademark law etc.) criminal law provisions (pornography, racial discrimination, violence, etc.) or the violate data protection as well as entries that violate common decency or the rules of decency. The operator reserves the right to reject entries without further reason. There is no right to registration.

 

Liability

With all possible technical and personnel measures, Albsearch ensures that the content and operation are lawful and in accordance with these terms and conditions.The operator is solely liable to the providerand solely for the contractual performance of your services. Albsearch is not responsible for:

 

a.The content of the data provided by the data providers and the data entered by the providers:

b.The content of websites that the visitor reaches via links from the Albsearch database:

c. The unjustified use of data by visitors and third parties:

d. The positioning of Albsearch hits in general search engines such as Google, Yahoo, Bing etc.

e.Illegal acts by providers and visitors:

f.Damage to data processing systems or data stocks on systems of visitors or third parties.

Damage caused deliberately or through gross negligence is compensated by Albsearch up to max. CHF 25,000. In the event of slight negligence, liability is permitted to the extent permitted by law, limited to CHF 10,000 per claim. Under no circumstances is Albsearch liablefor consequential damage and lost profits. Albsearch is in no way liable for damage if it can demonstrate that she is not at fault.

 

7.2The Access Provider is responsible for all changes made to the Albsearch database. In particular, it is responsible for complying with the principles set forth in Section 5. The Provider is responsible to Albsearch and third parties for any damages it causes to data processing systems or data stocks in systems by Albsearch or the party third, as part of his approach to Albsearch. The Provider is responsible for ensuring that its records are processed only by authorized persons and that the login and password are securely blocked and stored. Passwords can only be used by the authorized owner. Notification to third parties is prohibited. Albsearch is not required to check this authorization or the identity of a processing worker.

 

7.3The provider agrees and all of its employees who obtain paid information from Albsearch and its data suppliers, regardless of the country from which they originate, to comply with the provisions of Swiss data protection, which are regulated in the Data Protection Act DSG and its enforcement regulation
DSG - http://www.admin.ch/ch/d/sr/c235_1.html
VDSG - http:://www.admin.ch/ch/d/sr/235_11/

 

7.4 The Provider undertakes to protect the copyrights of Albsearch and its data providers and to maintain the strict confidentiality of all business technical or operational information entrusted to it or otherwise known in connection with this contract or Albsearch and has a bilateral or confidential internal character (in particular methods, procedures, pricing, etc.).

 Banner advertising

8.1 For banner advertising on the Albsearch platform, the separate terms and conditions of the advertising contracts of Albsearch.ch also apply.

 

Terms of payment

9.1 The agreed net price is a fixed price. The statutory value added tax at the applicable rate is not included in the net price and will be charged in addition. The customer is not entitled to offset counterclaims.

 

9.2 The client pays the contractually agreed price within 10 days of the invoice without any deductions. The periodic services are generally invoiced annually.

 

9.3 If the payment deadline is not met, the provider is automatically in default. If the customer defaults on payment, Albsearch reserves the statutory default interest rate of 5% p.a. to be charged in accordance with Article 104. In addition, Albsearch reserves the right to demand reminder costs to cover the costs incurred. In addition, Albsearch is entitled to block access to customer data or extended functions without prior notification. The payment obligation and the assertion of statutory default damages remain unaffected

 

9.4 The open invoice amount plus interest and any reminder fees may be assigned or sold to third parties for collection purposes. The costs of the assignment are charged to the customer when the claim is handed over to the collection agency.

 

9.5 The customer has no right to refuse payment if errors occur during the execution. Offsetting is only permitted if the customer’s claim is undisputed by Albsearch or if it has been legally established.

 

Final provisions

10.1 Changes to contractual agreements, side agreements or additional agreements are only valid if they have been made in writing or if they have been confirmed by Albsearch by email. The effectiveness of the remaining contract will not be objected to due to the invalidity of one of the upcoming clauses.

10.2 The present General Terms and Conditions were written in German, French, Italian and English. In the event of differences or in cases of doubt, the original German text is authoritative.

10.3 The provider can only transfer rights and obligations from the contract “Provider (customer) - Albsearch” to third parties with Albsearch’s written consent. Albsearch can transfer the contract as well as the entries to other companies such as subsidiaries, parent companies or sister companies or third parties without the provider’s consent.

10.4 The legal relationship between the operator on the one hand and the providers and visitors on the other is subject to Swiss law

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