1 General terms and conditions/Legal bases
1.1 CRIF points out that data may be incomplete or incorrect; in particular, this is because information is obtained from public archives and other sources. Within the limits permitted by law, CRIF rejects the liability for any resulting damage caused to the customer. CRIF does not accept any credit risk or any liability in connection with the information sourced from the purchased products (e.g. certificate of credit standing, credit worthiness information, etc.)
1.2 The customer is aware that the products provided (e.g. certificate of credit standing, credit worthiness information, etc.) are only up to date at the time the information is gathered.
1.3 In order to prevent misuse, Customers shall protect the items (e.g. passwords, access information, etc.) that are handed over to them to facilitate access to the information. This duty shall continue undiminished, even after the end of the contractual relationship. Should the confidentiality of the password become threatened by any other method (as a result of theft, loss, etc.), the Customer shall have a duty to inform CRIF of the situation immediately.
1.4 CRIF may revise these Terms & Conditions of Contract, as well as the service package and the costs. The revisions will be notified to the customer in an appropriate manner, and will take effect as long as the customer does not object to them within 30 days. Should the customer object for any such reason, the contract shall be regarded as dissolved; if any payments have been made in advance, they must be repaid in aliquot portions, provided they are not related to services already provided by CRIF.
1.5 Customers shall be entitled to conclude a contract only on their own behalf; any representative action on behalf of a third party is expressly excluded. Any violation of this provision is unlawful and may be reported by CRIF to the authorities.
1.6 The Customers themselves shall be responsible for the hardware and software employed by them, as well as for their chosen paths of communication. The confidentiality of the information transmitted by e-mail to CRIF cannot be guaranteed. This means that the content of the e-mails transmitted by the Customers to CRIF could possibly be seen by third parties.
1.7 Customers explicitly agree that all of their personal details (e.g. name, address, …), information obtained from their proof of identity (passport or identity card) and all of the payment history details collected by CRIF AG as part of their business activity may be saved, used and processed, including for the purpose of obtaining information from the authorities, such as debt enforcement information or confirmation from the residents’ registration office, in particular. CRIF adheres strictly to all the legal provisions and conditions relating to data protection.
1.8 Customers agree that the information they provide to CRIF AG may be used by CRIF AG for marketing purposes, and that communication by telephone and by electronic means (particularly by e-mail and text) is explicitly requested by them.
1.9 Customers shall confirm by their signature that they have full legal capacity and are aged over 18, that they are concluding this contract on behalf of themselves alone and that they are resident in Switzerland.
1.10 No guarantee can be provided that the website will be available and accessible at all times. In particular, access may be switched off temporarily for maintenance work to be carried out. CRIF AG accepts no liability for malfunctions.
1.11 All legal relationships between CRIF and the Customers are subject to Swiss Law. The registered offices of CRIF shall act as the Place of Fulfilment and sole Place of Jurisdiction, except where this would contradict the statutory requirements.
2 Payment modalities (if agreed)
2.1 If payment is/has been agreed, CRIF will be able to suggest one or more payment methods to the customer, though CRIF also reserves the right to make these methods dependent upon the historical payment record of that customer. Once an invoice has been issued (including electronically), the customer has a duty to pay this invoice within 10 days. At the end of the agreed payment period, and without the issue of any further reminder, the customer will be in default, and will be charged a further CHF 12.50 per reminder thereafter. Any claim for payment of losses caused by the delay will involve those costs that are incurred by us as a result of the non-payment of the outstanding invoice. The amount involved is made up of our staffing costs and any accrued expenditure (postal and telephone charges, etc.). In the event of default of payment by the customer, CRIF is also entitled to stop providing any services to the customer until the claim, including any reminder charge(s), has been settled in full.
2.2 In the event of a delay in payment as described in Clause 2.1, CRIF reserves the right to proceed in accordance with Clause 1.7, and to record this payment problem.
2.3 In addition to Clause 2.1, CRIF can also transfer/assign any outstanding debts/claims receivable, together with any losses caused by the delay (staffing costs and any accrued expenditure, such as postal and telephone charges, etc.) to an external business for settlement/debt collection.
3 Start of contract and contract duration
3.1 This contract comes into effect once it has been confirmed by the customer. Following this confirmation, the customer must:
a) submit all the required information to CRIF, correctly and in full, and
b) pay the costs in full to CRIF.
3.2 CRIF reserves the right to withdraw from the contract as concluded at any time, even without the provision of any reasons (particularly, however, in the event of the provision of false or incomplete details by the Customer or in the event of the provision of contradictory, lapsed or false information from the legitimation document).
3.3 Any payments that have already been made will only be returned to the customer in the event of an unjustified withdrawal on the part of CRIF or in the event of a unilateral revision of the contract by CRIF, in accordance with Clause 1.4.
3.4 Any revocation or withdrawal from the contract by the customer is precluded, as services that also involve payments to third parties are provided by CRIF from the time the customer confirms the contract.