Terms and Conditions

1. Scope
These standard terms and conditions ("Terms and Conditions") apply to the supply of all products and services by Swiss Reliance Ltd ("Swiss Reliance", "we" or "us") to you ("you"), unless we otherwise agree in writing.

2. Agency
We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.

3. Scope of performance
By accepting a mandate, we undertake to carry out the contractually agreed services as specified in the agreement and devote our best efforts, knowledge and skills to achieve the agreed goals in a timely and satisfactory manner. Unless otherwise agreed in writing, no guarantee is made as to the efficacy or value of any services performed or of the related documents or work products.

4. Use of third party contractors
For the performance of our services, we may, at our discretion, ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor.

5. Adequacy of instructions
We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.

6. Third party reliance
Our services, including search reports and information services, are provided solely for the use of our client and that client´s own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.

7. Delivery of products and services, prices
Products are delivered using first class post, fax or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must instruct us accordingly and meet those costs.

The description and price of services and delivery details will be provided in our offer, the confirmation of order or invoice despatched with the product or service.

Fees and expenses posted on our webpage or in our offers are stated net exclusive of VAT. VAT of currently 8% will be due on fees and expenses, if the invoice is rendered for the benefit of a Swiss client.

8. Terms of Payment
We may require payment in advance before providing any goods or services or issue interim invoices. The performance of (further) services may be withheld until interim invoices or requested advances have been paid in full.

Where we have agreed credit terms for you our invoices are due for payment 20 days from their date. In case of late payment, we may invoice CHF 20 per urging letter and we reserve the right to charge for additional costs and expenses incurred as well as interests at a rate of 5% p.a.

9. Non completion of services
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.

10. Search and other reports
We accept no responsibility for the accuracy of any part of any search or other reports where it is apparent that it is not derived from information in a public register, or for any inaccuracy, omission or other error in any public register upon which our search or report is based.

11. No exclusivity, conflicts of interests
We remain free to perform identical, similar or other services for other clients including in relation to any matter involving you, without your consent. However, we would not become involved for another client on any matter without your consent where there would be a conflict of interest or a significant risk of a conflict of interest, where we have previously advised you, or where we have confidential information which in our view is relevant.

12. Data protection
We will use personal information which we hold about you to provide our services and products to you, for credit control and market research purposes and to inform you about our services and products, legal developments or events which we believe may be of interest to you. We may share your personal information with other companies in our group for any of the above purposes.

In order to provide services to you we may be required to pass your personal information to parties located outside of Switzerland in countries which do not have data protection laws equivalent to those in Switzerland. Where this is the case we will take reasonable steps to ensure the privacy of your information. Except in the situations listed above or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available and which is incorporated into our search products) to any third party without your prior consent.

13. Marketing Material
From time to time we may wish to refer to you as a client of the firm in publications and other marketing material. We may also wish to refer to transactions on which we have acted for you where we reasonably consider that such transactions are in the public domain or are otherwise not of a confidential nature. Unless you advise us otherwise, we will assume that you consent to this.

14. Due diligence
In certain circumstances we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.

15. Customer services
Our objective is to provide you with high-quality efficient services. We hope that you will not have cause for complaint. However, if our service falls short of your expectation in any way, please advise us immediately. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.

16. E-Mail Communication and the Internet
Internet communications cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, arrive late or contain viruses. We therefore do not accept liability for any errors or omissions in the context of a message which arises as a result of internet transmission. We will assume that we are entitled to communicate with you by e-mail unless you instruct us to the contrary.

17. Liability
To the fullest extent permitted by law, we shall not be liable, nor shall our employees, affiliates, subsidiaries, directors or other representatives be so liable, for loss or damages (whether direct, indirect or consequential) in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the performance or contemplated performance of our services under these Terms and Conditions.

18. Termination
Either party has the right to terminate the contract in writing at any time with immediate effect or as of a specified date.

In the event of a termination, you shall remunerate the services performed up to the date of termination. Agreed one-off payments and annual subscription fees forfeit and will not be repaid on a pro rata temporis basis.

Both parties reserve the right to claim for damages caused by a termination at an improper time.

19. Changes to Standard Terms
If we change these Terms and Conditions we will post changes on our webpage (www.swissreliance.ch) so that you are always aware of them. By continuing to use our website after such changes have been posted you will be deemed to have accepted and consented to them, whether you revisit this page or not.

20. Jurisdiction
Contracts between us will be concluded in the German or English language and our relationship with you will be governed by Swiss law to the exclusion of all conflict of law provisions. Any dispute shall be subject to the exclusive jurisdiction of the Courts of the City of Zurich, Switzerland.