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General Terms and Conditions of Business

1. General information

1.1. These General Terms and Conditions (hereinafter: GTC) regulate the rights and obligations in connection with the use of the services of the provider, SwissPayout, and the SwissPayout Customer in connection with the use of the SwissPayout services and the other services, applications, mobile applications, and functions offered by SwissPayout, unless SwissPayout expressly stipulated otherwise.

 

1.2. The GTC of SwissPayout applies exclusively. Conflicting or deviating terms and conditions of the SwissPayout customer will not be recognised unless SwissPayout has expressly agreed to their validity in writing. 

 

These GTC shall also apply if SwissPayout unconditionally provides services to SwissPayout customers in the knowledge of conflicting or deviating terms and conditions of SwissPayout customers.

 

1.3. Furthermore, SwissPayout may, with the consent of the SwissPayout customer, change the content of the existing contract, as well as these terms and conditions. 

 

Consent to the change shall be deemed granted if the customer does not object to the change within one month of receipt of the notification of change. SwissPayout undertakes to draw the customer’s attention to the consequences of an omitted objection when notifying the change.

 

1.4. The German version of these conditions is authoritative.

2. Terms and Legal Bases

2.1 Terms

Personal data is all information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed.

 

Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, collection, deletion, storage, modification, destruction, and use of personal data.

 

The European Economic Area (EEA) includes the member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland, and Norway. The General Data Protection Regulation (GDPR) describes the processing of personal data as processing personal data.

 

2.2 Legal basis

We process personal data in accordance with Swiss data protection law, in particular the Federal Data Protection Act (DSG) and the Ordinance on the Federal Data Protection Act (VDSG).

 

We process personal data – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – in accordance with at least one of the following legal bases:

 

Art. 6 Paragraph 1 Letter b GDPR for the necessary processing of personal data to fulfill a contract with the data subject and to carry out pre-contractual measures.

Art. 6 Para. 1 lit. f GDPR for the necessary processing of personal data in order to protect the legitimate interests of us or third parties, unless the fundamental freedoms and fundamental rights as well as the interests of the data subject outweigh this. Legitimate interests include, in particular, our interest in being able to carry out our activities and activities in a permanent, user-friendly, secure, and reliable manner and to be able to communicate about them, ensuring information security, protecting against misuse, enforcing our own legal claims and complying with Swiss law.

Art. 6 Para. 1 lit. c GDPR for the necessary processing of personal data to fulfill a legal obligation to which we are subject under any applicable law of member states in the European Economic Area (EEA).

Art. 6 Para. 1 lit. e GDPR for the necessary processing of personal data to carry out a task that is in the public interest.

Art. 6 Para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.

Art. 6 Para. 1 lit. d GDPR for the necessary processing of personal data in order to protect the vital interests of the data subject or another natural person.

3. Nature, scope and purpose

We process the personal data that is necessary to be able to carry out our activities in a permanent, user-friendly, secure, and reliable manner. Such personal data may in particular fall into the categories of inventory and contact data, browser and device data, content data, meta or edge data and usage data, location data, sales data, and contract and payment data.

 

We process personal data for the period that is necessary for the respective purpose(s) or by law. Personal data that no longer needs to be processed will be anonymized or deleted.

 

We may have personal data processed by third parties. We may process personal data together with third parties or transfer it to third parties. Such third parties are, in particular, specialized providers whose services we use. We also guarantee data protection for such third parties.

 

In principle, we only process personal data with the consent of the person concerned, unless the processing is permitted for other legal reasons, for example, to fulfill a contract with the person concerned and for corresponding pre-contractual measures in order to protect our overriding legitimate interests because the processing is apparent from the circumstances or based on prior information.

 

In this context, we process information that a data subject voluntarily and personally provides to us when contacting us – for example by post, email, instant messaging, contact form, social media, or telephone – or when registering for a user account. We may store such information, for example, in an address book, in a customer relationship management system (CRM system), or using comparable tools. If we receive data about other persons, the persons transmitting the data are obliged to ensure data protection towards such persons and to ensure the accuracy of such personal data.

 

We also process personal data that we receive from third parties, obtain from publicly available sources, or collect in the exercise of our activities and activities, if and to the extent that such processing is permitted for legal reasons.

4. Personal Data Abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we can also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

 

We may export personal data to all states and territories on earth and elsewhere in the universe, provided that the law there, in the opinion of the Federal Data Protection and Information Commissioner (FDPIC) or in accordance with a decision of the Swiss Federal Council, provides adequate data protection and – if and to the extent that the General Data Protection Regulation applies (GDPR) is applicable – appropriate data protection is guaranteed in accordance with the decision of the European Commission.

 

We may transfer personal data to countries whose laws do not guarantee adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other appropriate guarantees. 

 

As an exception, we can export personal data to countries without adequate or suitable data protection if the special data protection requirements are met, for example, the express consent of the data subjects or a direct connection with the conclusion or execution of a contract. Upon request, we will be happy to provide affected persons with information about any guarantees or provide a copy of any guarantees.

5. Rights of Data Subjects

Data subjects whose personal data we process have the rights under Swiss data protection law. This includes the right to information and the right to correct, delete, or block the processed personal data.

 

Affected persons whose personal data we process can – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – obtain confirmation free of charge as to whether we are processing their personal data and, if so, request information about the processing of their personal data and restrict the processing of their personal data to exercise their right to data portability and to have their personal data corrected, deleted (“right to be forgotten”), blocked or completed.

 

Affected persons whose personal data we process can – if and to the extent that the GDPR is applicable – revoke their consent at any time with future effect and object to the processing of their personal data at any time.

 

Affected persons whose personal data we process have the right to lodge a complaint with a responsible supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

6. Data Security

We take appropriate technical and organizational measures to ensure data security that is appropriate to the respective risk. Unfortunately, we cannot guarantee absolute data security.

 

Our website is accessed using transport encryption (SSL / TLS, in particular the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a padlock in the address bar.

 

Our digital communication is subject – like all digital communication – to mass surveillance without cause and without suspicion, as well as other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA), and other countries. We cannot have any direct influence on the appropriate processing of personal data by secret services, police departments, and other security authorities.

7. Use of the Website

7.1 Cookies

We may use cookies. Cookies – our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data that are stored in the browser. Such stored data need not be limited to traditional text-based cookies.

 

Cookies can be stored in the browser temporarily as “session cookies” or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognize a browser the next time you visit our website and thereby, for example, measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

 

Cookies can be completely or partially deactivated and deleted in the browser settings at any time. Without cookies, our website may no longer be fully available. We actively request – at least if and to the extent necessary – your express consent to the use of cookies.

 

For cookies that are used to measure success and reach or for advertising, a general objection (“opt-out”) is required for numerous services via AdChoices ( Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

 

7.2 Server log files

We may collect the following information for each access to our website, provided that it is transmitted by your browser to our server infrastructure or can be determined by our web server: date and time including time zone, Internet Protocol (IP) address, access status (HTTP Status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, last website accessed in the same browser window (referrer).

 

We store such information, which can also represent personal data, in server log files. The information is necessary in order to provide our website permanently, in a user-friendly and reliable manner, and in order to ensure data security and therefore in particular the protection of personal data – also by third parties or with the help of third parties.

8. Notifications and Communications

We send notifications and communications via email and other communication channels such as instant messaging or SMS.

 

8.1 Success and Reach Measurement

Notifications and messages may contain web links or web beacons that record whether an individual message was opened and which web links were clicked. Such web links and web beacons can also record the use of notifications and messages on a personal basis. We need this statistical recording of usage to measure success and reach in order to be able to send notifications and messages based on the needs and reading habits of the recipients effectively and user-friendly as well as permanently, securely, and reliably.

 

8.2 Consent and Objection

In principle, you must expressly consent to the use of your email address and your other contact addresses, unless the use is permitted for other legal reasons. If possible, we use the “double opt-in” procedure to obtain consent, which means that you will receive an email with a web link that you must click on to confirm so that there is no misuse by unauthorized third parties. We may log such consent, including the Internet Protocol (IP) address and date and time, for evidentiary and security reasons.

 

In principle, you can object to receiving notifications and messages such as newsletters at any time. With such an objection, you can also object to the statistical recording of usage for success and reach measurement. Necessary notifications and communications in connection with our activities and activities remain reserved.

 

8.3 Service providers for notifications and communications

We send notifications and communications using specialized service providers.

 

We particularly use:

 

Amazon Simple Email Service (SES): Email sending platform; Provider: Amazon Web Services Inc. (USA); Data protection information: Data protection declaration, «Data protection center», «Frequently asked questions about data protection».

ClickSend: Corporate communication via email, SMS, voice messages, and other communication channels; Provider: ClickSend Pty Ltd (Australia); Data protection information: Privacy Policy, “Privacy Policy”, “Security & Compliance”.

Mailgun: transactional email platform; Providers: Mailgun Technologies Inc. (USA) together with subsidiaries (“Mailgun Group”); Data protection information: Data protection declaration.

9. Social Media

We are present on social media platforms and other online platforms in order to be able to communicate with interested parties and provide information about our activities and operations. In connection with such platforms, personal data can also be processed outside Switzerland and the European Economic Area (EEA).

 

The General Terms and Conditions (GTC) and terms of use as well as data protection declarations and other provisions of the individual operators of such platforms also apply. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right to information.

 

We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook, including so-called page insights, if and to the extent that the GDPR is applicable. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). The page insights provide information about how visitors interact with our Facebook presence. We use page insights to provide our social media presence on Facebook in an effective and user-friendly manner.

 

Further information about the type, scope, and purpose of data processing, information about the rights of data subjects as well as the contact details of Facebook and Facebook’s data protection officer can be found in Facebook’s data protection declaration. We have concluded the so-called “Addition for Controllers” with Facebook and in particular agreed that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the relevant information can be found on the page “Information about Page Insights” including “Information about Page Insights data”.

 

Users of social media platforms have the opportunity to log in or register with our online offering using their corresponding user account (“Social Login”). The respective terms and conditions of the relevant social media platforms apply.

10. Offer and Conclusion of Contract

10.1. Unless otherwise agreed, SwissPayout remains bound to the offer for 30 days. Offers made by SwissPayout based on inaccurate or information that is not yet available shall be considered as willingness, in principle, to conclude a contract but not as a binding offer. Price details contained therein are non-binding target prices.

 

10.2. The contract between SwissPayout and the SwissPayout customer comes into effect when the signed offer is returned. In the case of small orders for which no written offer is made, the contract is concluded when the SwissPayout customer places the order.

 

10.3. The minimum term of the contracts corresponds to the selected contract duration. At the end of this minimum contract term, the contract shall be extended for the same term in each case. Cancellation must be made in writing 30 days before the subscription expires unless the automatic renewal is deactivated within this period.

 

10.4. The offers of SwissPayout are to be understood as guide price offers. The indication of the number of time units is based on an assumption. The work is carried out on a time and material basis. Invoicing is based on actual expenditure, which can lead to a deviation of +/- 10% from the guide price.

11. Services of SwissPayout

11.1. SwissPayout offers not only the payment platform (hereinafter: Platform) but also individual software developments on an offer basis, professional services, and white-label solutions.

12. Terms of payment

12.1. Invoices for chargeable services are provided to the customer in PDF format.

 

12.2. The respective invoice amount must be paid in full to SwissPayout within 30 days of receipt of the invoice, unless otherwise agreed.

 

12.3. The timeliness of payments depends on the receipt of the amount into SwissPayout’s unconditional control.

 

12.4. In the case of payment by bank transfer, the intended use specified by SwissPayout must be stated. If the customer transfers funds for another purpose, they must inform SwissPayout immediately and provide SwissPayout with proof of payment. 

 

The following data must be complete and decipherable on this proof: 

 

The bank details (IBAN) of the sender account, the name of the account holder, the payment date, the amount, the purpose and the bank details (IBAN) of the recipient. The burden of proof of a payment lies with the customer.

 

12.5. SwissPayout is also entitled to cease providing the services if the fees are not paid.

 

12.6. Payments are made in the respective national currency, either CHF or EUR.

 

12.7. Costs in the event of late payment: processing fee (at the earliest from day 70 after the invoice date, if handed over to collection service provider) depending on the amount of the claim, maximum amount in CHF or EUR: 50 (up to 20); 70 (up to 50); 100 (up to 100); 120 (up to 150); 149 (up to 250); 195 (up to 500); 308 (up to 1,500); 448 (up to 3,000); 1,100 (up to 10,000); 1,510 (up to 20,000); 2,658 (up to 50,000); 6% of the claim (from 50,000).

 

12.8. SwissPayout assumes no liability for failures, damages, or losses of turnover caused by the suspension of services due to incorrect or late payment, provided that the error or delay is the fault of the customer.

 

12.9. Unless otherwise stated, discounts or promotions apply to the first contract period of a contract term. The extension of the contract shall subsequently take place at the current, valid, full price. 

 

SwissPayout shall be entitled to unilaterally adjust the offer, the contractually agreed conditions (visible in the contract and in the Merchant Administration), as well as payout fees (visible in the Merchant Administration). 

 

In the case of existing, fee-based contracts, the changes will be communicated within a reasonable notification period of at least 10 days. After the expiry of the aforementioned 10 days, the changes shall come into force. 

 

If the customer does not object within 30 days of receipt of the notification and continues to use the services even after the expiry of the objection period, the changes shall be deemed to have been agreed with effect from the expiry of the period. In the notification of change, the customer shall be informed of his right to object and of the consequences of an objection.

 

12.10. All prices include VAT. The applicable VAT rate is shown on the invoice at the latest. The customer will receive a net invoice if the customer or the associated company is not domiciled in Switzerland.

13. Use and safety

13.1. Via the SwissPayout payment platform, you may only accept and process payments for the legitimate sale of legal goods and services according to the specific standards of the country of incorporation of the company and the country of the customer. 

 

Certain business models are not supported by the payment providers SwissPayout Direct and SwissPayout Swiss Collecting. These business models are defined by payment partners that SwissPayout uses to process transactions. Here you will find the list of unsupported business models.

 

SwissPayout may change this list and remove or add business models at any time without prior notice. SwissPayout may also decide, at its sole discretion, to reject products and services that are not explicitly included on the list, but which may pose an unacceptable risk to SwissPayout according to SwissPayout internal due diligence guidelines.

 

By registering with SwissPayout, you confirm that you will not use our services for activities other than those expressly approved by SwissPayout during registration with SwissPayout or subsequently. If SwissPayout assumes or suspects that you nevertheless accept payments for prohibited activities within the meaning of these provisions, these activities must be stopped immediately at the request of SwissPayout.

 

If you have not ceased the prohibited activities within the period set by SwissPayout, SwissPayout reserves the right to terminate this Agreement without notice. If SwissPayout determines that your activities pose a risk to SwissPayout for the Payment Partner, SwissPayout reserves the right to terminate this Agreement with immediate effect and without prior notice in the event of such activities.

 

13.2. Supporting your customers is entirely your responsibility. This means that you are responsible for responding to a customer email in a timely manner if the email contains questions about your goods or services or about using the payment platform. 

 

You must clearly and proactively communicate your business and shipping terms, as well as any delays in delivery or cancellation of an order. SwissPayout remains expressly outside the contractual relationship between you and your customer.

 

13.3. In the event of suspicion or evidence of fraud, illegal activities, or situations that are damaging to SwissPayout’s reputation, SwissPayout has the right to terminate this contract with immediate effect or to temporarily suspend payments and payouts. 

 

In addition, SwissPayout may, at its sole discretion and in accordance with its internal policies, decide to make clawbacks on your behalf. In such cases, you will be notified unless such notification is not permitted by law or is not deemed desirable in the course of the investigation; SwissPayout shall not be liable for any damages incurred as a result.

14. Third Party Services

We use services from specialized third parties in order to be able to carry out our activities in a permanent, user-friendly, safe and reliable manner. 

Such services allow us, among other things, to embed functions and content into our website. With such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data related to our activities and activities in aggregated, anonymized or pseudonymized form. This is, for example, performance or usage data in order to be able to offer the respective service.

We particularly use:

Google services: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: «Data protection and security principles» , Data protection declaration , «Google is committed to complying with applicable data protection laws» , «Guide to data protection in Google products» , «How we use data from websites or apps on or in which our services are used” (information from Google) , “Types of cookies and other technologies used by Google” , “Personalized advertising” (activation / deactivation / settings).

Microsoft services: Providers: Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), Great Britain and Switzerland; General information on data protection: “Data protection at Microsoft” , “Data protection (Trust Center)” , data protection declaration.

14.1 Digital Infrastructure

We use services from specialized third parties in order to be able to use the necessary digital infrastructure in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

We particularly use:

Amazon Web Services (AWS): storage and other infrastructure; Providers: Amazon Web Services Inc. (USA) for users in Switzerland / Amazon Web Services EMEA SARL (Luxembourg) for users in the European Economic Area (EEA); Data protection information: Data protection declaration , «Data protection center» , «Frequently asked questions about data protection» , «General Data Protection Regulation (GDPR) center».

14.2 Audio and video conferences

We use specialized audio and video conferencing services to communicate online. For example, we can use it to hold virtual meetings or conduct online classes and webinars. The legal texts of the individual services such as data protection declarations and terms of use also apply to participation in audio and video conferences.

Depending on your life situation, we recommend that you mute the microphone as standard and blur the background or display a virtual background when participating in audio or video conferences.

We particularly use:

Facebook Messenger including Facebook Messenger Rooms: video conferencing; Providers: Meta Platforms Ireland Limited (Ireland) and other meta companies (including in the USA); Data protection information: Data protection and security” (Facebook Messenger) , “Privacy and security in Messenger”, “Facebook data protection principles” , Data protection declaration (Facebook).

Google Meet: video conferencing; Provider: Google; Google Meet-specific information: “Google Meet – Security and privacy for users”.

Microsoft Teams: Platform for audio and video conferences, among other things; Provider: Microsoft; Teams-specific information: “Data protection and Microsoft Teams”.

14.3 Social Media Features and Social Media Content

We use third-party services and plugins to embed functions and content from social media platforms and to enable sharing of content on social media platforms and other ways.

We use in particular:

Facebook (Social Plugins): Embedding Facebook functions and Facebook content, for example “Like” or “Share”); Providers: Meta Platforms Ireland Limited (Ireland) and other meta companies (including in the USA); Data protection information: Data protection declaration .

Instagram platform: Embedding Instagram content; Providers: Meta Platforms Ireland Limited (Ireland) and other meta companies (including in the USA); Data protection information: Data protection declaration (Instagram) , Data protection declaration (Facebook) .

14.4 Map material

We use third-party services to be able to embed maps on our website.

We use in particular:

Google Maps including Google Maps Platform: map service; Provider: Google; Google Maps-specific information: “How Google uses location information”.

OpenStreetMap (OSM): map service; Provider: OpenStreetMap Foundation (Great Britain); Data protection information: Data protection declaration .

14.5 Digital Audio and Video Content

We use services from specialized third parties to enable the direct playback of digital audio and video content such as music or podcasts.

We particularly use:

Vimeo: video platform; Provider: Vimeo Inc. (USA); Data protection information: «Data protection» , data protection declaration .

YouTube: video platform; Provider: Google; YouTube-specific information: “Privacy and Security Center” , “My data on YouTube” .

14.6 Documents

We use third-party services to be able to integrate documents into our website. Such documents can include, for example, forms, PDF files, presentations, tables and text documents.

We use in particular:

Yumpu: Digital documents and electronic publications; Provider: i-Magazine AG (Switzerland); Data protection information: Privacy Policy , Cookie Policy .

14.7 Fonts

We use third-party services to embed selected fonts, icons, logos and symbols into our website.

We use in particular:

Google Fonts: Fonts; Provider: Google; Google Fonts-specific information: “What does using the Google Fonts API mean for the privacy of my users?” (“What does using the Google Fonts API mean for the privacy of my users?”) .

14.8 Payments

We use specialized service providers to process our customers’ payments securely and reliably. In order to optimize the prices and offers as per requirements of the merchants, swisspayout has the right to finalize & propose the most suitable services from the following service providers. The legal texts of the individual service providers such as general terms and conditions (GTC) or data protection declarations also apply to the processing of payments.

We particularly use:

Apple Pay: processing payments; Providers: Apple Inc. (USA) / Apple Distribution International Limited (Ireland) for persons in the EEA, Great Britain and Switzerland; Data protection information: «Apple Customer Data Privacy Policy» , «Apple Privacy Policy» , Transparency Report .

Payrexx: processing payments; Provider: Payrexx AG (Switzerland); Data protection information: “Guidelines” including data protection declaration.

Adyen: processing payments; Provider: Adyen (Netherlands); Data protection information: “Guidelines” including data protection declaration. 

PostFinance: e-payment solutions; Provider: PostFinance AG (Switzerland); Data protection information: “Legal information and accessibility” , “Data protection” (including “Data protection declaration”) .

Stripe: processing payments; Providers: Stripe Inc. (USA) / Stripe Payments Europe Limited (SPEL, Ireland) for users in the European Economic Area (EEA) and Switzerland and partly in Great Britain / Stripe Payments UK Limited (Great Britain) and Stripe Capital Europe Limited ( Ireland) partly for users in Great Britain; Data protection information: “Stripe Privacy Center” (“Stripe Privacy Center”) , Privacy Policy , Cookie Policy .

TWINT: Processing payments in Switzerland; Provider: TWINT AG (Switzerland); Information on data protection: “Data protection for TWINT apps” , “Data protection declaration website” , “General terms and conditions for the use of TWINT” including the section “Data protection” .

14.9 Identity Verification

We use third-party services to check the identity of users. We need such services in particular for age verification for content and services that we are only allowed to offer or want to offer to adults, and for identity verification for offers where “Know Your Customer” (KYC) obligations apply.

15. Cancellation Policy

15.1. We value your satisfaction and believe in transparency. During the initial 15-day trial period, you have the freedom to cancel at any time.

 

15.2. Looking ahead, if you decide to cancel your contract, we request that you notify us at least one month before the contract end date. This ensures a smooth transition and allows us to process any necessary refunds promptly. 

 

Your satisfaction is our priority, and we’re here to make your experience with us as flexible and hassle-free as possible.

16. Limitation of liability

16.1. SwissPayout is liable without limitation for all damages caused by SwissPayout in the event of intentional or gross negligence.

 

16.2. In case of slight negligence, SwissPayout is liable without limitation in case of injury to life, body, or health.

 

16.3. Otherwise, SwissPayout is only liable if SwissPayout has violated an essential contractual obligation. 

 

Essential contractual obligations are defined abstractly as those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely. In these cases, the liability is limited to the compensation of the foreseeable, typically occurring damage but to no more than the amount of the fees already paid.

 

16.4. Insofar as SwissPayout’s liability is excluded or limited according to the aforementioned regulations, this also applies to SwissPayout’s vicarious agents.

 

16.5. Liability under the Product Liability Act remains unaffected.

17. Final clauses

17.1. As far as is legally permissible, the law of the Swiss Confederation shall apply, whereby the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

 

17.2. If the customer is a legal entity under public law or a special fund under public law, our registered office is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

 

17.3. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.