Swiss QualiQuest AG, General Terms and Conditions
Scope of Validity
The Terms and Conditions for services provided by Swiss Qualiquest AG (hereafter referred to as Swiss QualiQuest) shall apply insofar as there are no other provisions for any specific service or certain client groups.
These Terms and Conditions govern the relationship between Swiss QualiQuest and its clients. Swiss QualiQuest provides businesses with tools to obtain ratings at end customer and employee level. The following provisions apply to both areas.
1. Services Provided by Swiss QualiQuest
Swiss QualiQuest enables businesses to retain existing end customers and acquire new ones with ratings marketing. To this end, Swiss QualiQuest provides the necessary tools to enable its clients to collect, administer, aggregate and present ratings. Swiss QualiQuest supports businesses in their continuous improvement process through a separate advisory service.
Swiss QualiQuest also enables businesses to use ratings marketing for staff recruitment and to enhance their employer branding with genuine staff ratings.
For the duration of the contractual relationship, Swiss QualiQuest grants its clients the basic and non-transferable right to use the Swiss QualiQuest seal to promote their services. The licence is granted on condition that the client fulfils the obligations arising from the contractual relationship with QualiQuest.
The range of functions and the content of the various services packages and features offered by Swiss QualiQuest, as well as the relevant prices, are displayed in Swiss QualiQuest’s current overview of prices and services.
Swiss QualiQuest may involve third parties to provide its services. Swiss QualiQuest has the right to change and/or discontinue products and additional services at all times with appropriate notice. Clients have no claim on Swiss QualiQuest’s designing its products in a particular way, or on its maintaining any services.
2. Client’s Obligations and Service Offer
The client shall be responsible for timely payment of purchased services.
Only persons (end customers) who have made actual significant use of the client’s services shall be allowed to submit a rating or be invited to do so in connection with a client survey.
The client shall be obliged to give every person purchasing their services to a significant degree the opportunity to submit a rating. Furthermore, the client shall guarantee that all persons contacted in writing about their service in connection with a survey have previously agreed to being sent the relevant email. It is the client’s responsibility to obtain this agreement.
In the event of a Swiss QualiQuest client denying an end customer access to the ratings questionnaire, Swiss QualiQuest reserves the right to allow the end customer to submit their rating, on condition that they have provided proof that they are a customer of the business being rated. In the event of a Swiss QualiQuest client refusing to be rated by a genuine end customer, Swiss QualiQuest reserves the right to deactivate the ratings seal granted and to terminate the contract. There shall be no refund on any bills already paid.
The client may not alter the Swiss QualiQuest seal in any way. Furthermore, no content may be made available for download on websites containing the Swiss QualiQuest seal that is illegal or immoral, discriminating, racist, sexist, offensive, that glorifies violence or is pornographic.
The client shall undertake to deactivate all ratings seals used online within 72 hours of the contract ending. Also, the client may no longer use Swiss QualiQuest seals to advertise offline. The client shall be billed a penalty charge of CHF 200 for each day of further usage of the ratings seal (online and offline). Swiss QualiQuest also reserves the right to take further legal steps.
The client shall set up and maintain the necessary infrastructure (equipment, hardware, software etc.) in good time and at their own expense, in order to be able to use and implement Swiss QualiQuest’s services. The client shall protect their infrastructure and data from unauthorised access by third parties.
The client shall be held liable for any use and misuse of their access. Furthermore, the client shall be solely responsible for all content posted as part of their online profile. In the case of unauthorised content, or if a third party objects to content, Swiss QualiQuest reserves the right to delete the client’s account and online profile, including all data, without notice.
3. Prices/Billing/Terms of Payment/Complaints
The current prices as shown in the relevant list of prices and services shall apply. Prices quoted do not include the applicable Value Added Tax (VAT) rate. Swiss QualiQuest’s billing is based on the agreed services. The invoiced amount shall be paid by the due date specified on the bill. If none is specified, the due date shall be the date of the invoice plus 30 days.
Swiss QualiQuest shall send its invoices and reminders by email to the email address provided by the client. The invoice shall be considered delivered the day it arrives on the recipient’s mail server.
If a client fails to pay the bill by the due date, they shall be in default without further notice, and Swiss QualiQuest may suspend provision of all services and/or terminate the contract without notice and compensation.
The client shall bear all costs incurred by Swiss QualiQuest due to late payment. In particular, the client shall owe Swiss QualiQuest default interest at a rate of 5%, as well as a reminder fee of CHF 20 per reminder, which shall both be due immediately. In case of debt collection, an administrative fee of CHF 150 shall also be owed without a further reminder. Swiss QualiQuest also reserves the right to transfer outstanding debts to external third parties.
The client shall check the agreed product when it first goes live, and complain about any fault immediately. If the client fails to complain immediately, the product shall be considered to have been approved.
Swiss QualiQuest shall endeavour to ensure the best possible performance of the products to be uploaded for the client in line with the current standard, and to eliminate malfunctions, faults and defects as quickly as possible. The client shall be aware that, in line with the state of technology, it will not be possible to guarantee constant availability of the systems and faultless performance. Swiss QualiQuest does not guarantee availability or absence of faults, defects and malfunctions. Any liability on the part of Swiss QualiQuest shall be excluded, except in cases of gross negligence or intent.
Any liability on the part of Swiss QualiQuest auxiliary staff shall generally be excluded. In particular, there shall be no liability in the case of faults arising from communications network failures (such as power outage), virus infections, use of unsuitable software/hardware by the client, or system maintenance by Swiss QualiQuest.
Should usage deviate substantially from normal use, or should there be any indications of behaviour in violation of the law or the contract, Swiss QualiQuest may instruct the client to comply with the law and the contract, change, curtail or terminate the service provision without compensation and advance notice, terminate the contract with immediate effect and without compensation, and – where appropriate – demand damages and exemption from third party claims. The same shall apply if the client gives incorrect or incomplete details when concluding the contract or when ordering.
6. Data Protection
In handling data, Swiss QualiQuest shall adhere to current law, in particular to data protection legislation. Swiss QualiQuest shall collect, store and process only data required for providing services, for managing and maintaining client relations, in particular for guaranteeing a top quality service, for the security of operations and infrastructure, as well as for billing.
The client shall agree that QualiQuest
• may obtain information about them or pass on data on their payment behaviour in connection with the conclusion and execution of the contract;
• may pass their data to third parties for collection purposes;
• may process their data for marketing purposes, in particular for needs-based design and development of their services and for tailor-made offers.
The client may seek to limit or prohibit the use of their data for marketing purposes.
7. Intellectual Property
The client shall receive the inalienable non-exclusive right for the duration of the contract to employ and use the services and products. The content and scope of this right are evident from the contractual documents. All rights on existing intellectual property or on such property originating from fulfilment of the contract with regard to Swiss QualiQuest’s services and products remain with Swiss QualiQuest or the authorised third parties.
8. Contract Duration and Termination
The duration of the contract shall be determined by the agreement confirmed by the client. Termination of the contract is possible once no service is any longer subject to a minimum subscription or renewal term. Terminations must be made in writing, except in special cases where Swiss QualiQuest accepts a termination in another form.
If nothing else has been agreed, each party may terminate a service at the end of the contract by observing a notice period of 3 months. If there is no termination, the contract is automatically renewed for the contractually agreed period (up to a maximum of 12 months).
Swiss QualiQuest has the right to terminate a contract on serious grounds at any time and without prior notice. Serious grounds exist if:
• the client violates the obligations contained in the Terms and Conditions
• the client has violated applicable law or is involved in legal proceedings
Irrespective of the contract duration, the client is generally not entitled to reimbursement of a payment (made in advance).
9. General Amendments
Swiss QualiQuest reserves the right to amend its prices, its services and the conditions of offer at any time. Swiss QualiQuest shall inform the client of any changes in an appropriate way. Should Swiss QualiQuest increase its prices in such a way that they lead to a higher overall burden for the client, or should Swiss QualiQuest change a service purchased by the client to the client’s considerable disadvantage, the client may terminate the relevant service prematurely without financial consequences up until such time as the change comes into force and with effect as per that date. If they fail to do so, they are deemed to have accepted the changes.
Price adjustments due to changes in rate charges (for example, an increase in VAT) and third party suppliers raising their prices shall not be regarded as price increases, and give no entitlement to termination. Should Swiss QualiQuest lower its prices, it may at the same time amend any discounts granted before the price reduction.
10. Changes to Terms and Conditions
Swiss QualiQuest reserves the right to change the Terms and Conditions at any time. Swiss QualiQuest shall inform the client appropriately and in advance of any changes to the Terms and Conditions. Should the changes be detrimental to the client, they may terminate the contract prematurely up until such time as the change comes into force and with effect as per that date.
11. Relationship with Client’s Terms and Conditions
Possible Terms and Conditions of the client are excluded, even if the client refers to their own Terms and Conditions and Swiss QualiQuest does not explicitly object.
12. Applicable Law and Jurisdiction
The relationship between the client and Swiss QualiQuest is subject to Swiss law. The place of jurisdiction is the registered office of Swiss QualiQuest.
Last updated: 1 March 2018