General Terms and Conditions
GENERAL SECTION
1. Scope of Contract
The Terms and Conditions of ARGUS DATA INSIGHTS Schweiz AG shall apply to all legal transactions between ARGUS DATA INSIGHTS Schweiz AG and its Customers (including to the ARGUSavenue-platform and the software contained therein as set out in Annex II).
ARGUS DATA INSIGHTS Schweiz AG‘s Terms and Conditions are divided into a General Section and three Annexes (Annex I: Media Related Services, Annex II: ARGUSavenue and Media Contact Database and Annex III: Language Services), which – where applicable – shall form an integral part of these Terms and Conditions. The provisions of the General Section apply to all legal transactions between ARGUS DATA INSIGHTS Schweiz AG and its Customers. The provisions of the Annexes only apply as far as ARGUS DATA INSIGHTS Schweiz AG and the Customer have agreed on a service set out accordingly in the particular Annex. In the event of a conflict between a provision of this General Section and a provision of Annexes I-III, the provisions of Annexes I-III shall prevail over the provisions of this General Section to the extent of the conflict.
Upon conclusion of the Contract, the terms and conditions applicable and delivered at the time of the conclusion of the contract shall apply exclusively. ARGUS DATA INSIGHTS Schweiz AG expressly puts on record that any existing, deviating terms and conditions of the Customer shall not be approved
ARGUS DATA INSIGHTS Schweiz AG may at any time amend, supplement or discontinue the service and amend these Terms and Conditions accordingly. Amendments of the service and these Terms and Conditions, respectively enter into force when the Customer is notified by mail, email or any other suitable means of client information. ARGUS DATA INSIGHTS Schweiz AG will announce any price increases in good time and in writing to enable the Customer to terminate the Contract within the statutory notice period. If no written confirmation of termination is received within this period, the changes will be deemed to have been accepted by the Customer.
Through the use of the service, the Customers agree to the respectively applicable version of these Terms and Conditions.
2. Legal Validity and Precedence of the German Version
Only the Terms and Conditions in German are legally binding. General Terms and Conditions in other languages are translations of the German version and are provided merely as a service to the Customer to allow faster understanding in a foreign language.
In case of doubt, the German version shall always take precedence and be legally binding.
3. Conclusion of Contract
The Contract between the Customer and ARGUS DATA INSIGHTS Schweiz AG shall come into existence only on instruction by the Customer and its acceptance by ARGUS DATA INSIGHTS Schweiz AG.
The Contract between the Customer and ARGUS DATA INSIGHTS Schweiz AG shall come into force when ARGUS DATA INSIGHTS Schweiz AG
a) signs the written mandate (Contract) and sends it to the Customer, and receives it countersigned and returned by the Customer, or
b) returns an order confirmation (electronically or via postal mail) to the Customer, or
c) delivers the services ordered by the Customer.
If the Contract is concluded through the transmission of the signed order confirmation, then the order confirmation to the Customer and these Terms and Conditions contain the main terms of the Contract, as previously agreed (verbally). This shall be deemed to be confirmed if the Customer does not object to the order confirmation within 10 days of the date of receipt.
If the Customer orders services via “Buy on Demand“, then the contract shall only come into effect after expiration of the testing period.
4. Delivery Intervals
ARGUS DATA INSIGHTS Schweiz AG delivers its services according to the Customer’s order and the respective provisions in Annexes I-III.
ARGUS DATA INSIGHTS Schweiz AG is not liable for delays caused by digital/electrical network failures or due to disruptions occurring at Swiss Post, courier services, internet providers and the like.
5. Guarantee and Liability
5.1. ARGUS DATA INSIGHTS Schweiz AG Guarantee and Liability
Unless otherwise provided by Annexes I-III, ARGUS DATA INSIGHTS Schweiz AG shall only be liable for infringements of the Contract or non-contractual claims in the event of damage caused intentionally or by gross negligence, but not otherwise. To the extent permitted by law, the level of any liability of ARGUS DATA INSIGHTS Schweiz AG is moreover generally limited to an annual payment to be made by the Customer for the corresponding service but in all cases to a maximum of CHF 25,000. In addition, ARGUS DATA INSIGHTS Schweiz AG shall to the extent permitted by law not be liable for consequential damages, loss of profit or chances/goodwill as well as the loss of data. ARGUS DATA INSIGHTS Schweiz AG shall not be liable for the behaviour of auxiliary persons (assistants).
ARGUS DATA INSIGHTS Schweiz AG shall accept no liability for the content, accuracy or up-to-dateness of the content of external links. Content on linked pages is the sole responsibility of the respective site owners. The Customer understands and accepts that the unchecked search (online media monitoring) is carried out automatically and that control of the content is not possible. It therefore cannot be ruled out that erotic, pornographic, illegal, extreme right or left wing material or other content which infringes Swiss or international law could be supplied. When accepting media into the media monitoring programme, ARGUS DATA INSIGHTS Schweiz AG makes every effort to allow for this problem where possible.
ARGUS DATA INSIGHTS Schweiz AG shall be entitled at its own discretion to remove any media from the media monitoring programme (online monitoring) at any time in order to avoid or end actual or potential legal disputes, in particular over copyrights, other intellectual property rights or personality and data protection rights.
5.2. Customer guarantee and liability
The Customer shall provide ARGUS DATA INSIGHTS Schweiz AG with truthful information in all business contacts.
The Customer shall be liable to ARGUS DATA INSIGHTS Schweiz AG for all damages caused by the infringement of its contractual and/or non-contractual responsibilities and obligations.
The right to assert compensation claims shall be reserved.
6. Default of Payment
If a Customer falls behind with a payment, after an appropriate reminder it falls into arrears and owes ARGUS DATA INSIGHTS Schweiz AG the legal default interest of 5% from receipt of the reminder.
If payment is delayed, ARGUS DATA INSIGHTS Schweiz AG can suspend the provision of the service and/or cancel the Contract without giving notice. The Customer shall be fully liable to ARGUS DATA INSIGHTS Schweiz AG for any resulting expenses and damage (including loss of profit).
The Customer cannot offset receivables from ARGUS DATA INSIGHTS Schweiz AG against debts to ARGUS DATA INSIGHTS Schweiz AG.
7. Data Protection, Data Disclosure and Data Backup
ARGUS DATA INSIGHTS Schweiz AG shall be authorised to process personal data in relation with the conclusion and the implementation of the Contract. ARGUS DATA INSIGHTS Schweiz AG may in particular forward Customer data to selected third parties in Switzerland and abroad and compare records with third parties for the purposes of invoicing and collection and in order to provide the contractual services. Moreover, ARGUS DATA INSIGHTS Schweiz AG may transfer personal data to third parties that ARGUS DATA INSIGHTS Schweiz AG has engaged in relation to the performance of the service or which deal with data security and the resolution of faults within the systems of ARGUS DATA INSIGHTS Schweiz AG or third parties’ systems used by ARGUS DATA INSIGHTS Schweiz AG.
ARGUS DATA INSIGHTS Schweiz AG shall endeavour to take the necessary technical and organisational measures to ensure compliance with data protection law. Data security of course also depends on the Customers’ behaviour. In particular when using the internet, the following data protection risks exist for Customers: For example, emails sent without encryption can be read and modified by third parties. Under some circumstances, third parties can find out user names and passwords. Encrypting data improves the confidentiality and reliability of information.
Furthermore, the provisions in Annex II, clause 5 apply in relation to the use of ARGUSavenue.
8. Confidentiality and System-Immanent Risks
The parties shall treat all information as confidential, providing it is not generally known or accessible. In case of doubt, information shall be treated as confidential. This duty of confidentiality applies even before the Contract is concluded and continues to apply after the termination of the Contract.
ARGUS DATA INSIGHTS Schweiz AG endeavours to check electronic data transmissions according to the most recent state-of-the-art technology for any viruses or similar. However, a 100% protection from such dangers even when taking the necessary care cannot be guaranteed. The attention of the ordering party is expressly drawn to a remaining residual risk.
9. Term of Contract and Termination
9.1. Term of Contract
This Contract shall come into force when it is signed in accordance with clause 3 of these Terms and Conditions.
Unless otherwise agreed, the Contract is concluded for an indefinite period.
9.2. Termination
The termination of the Language Services is set out in Annex III and is exempt from the following provisions of this clause 9.2.
9.2.1 Ordinary Termination
The notice periods for indefinite contracts are set out in Annexes I-III.
Fixed-term contracts may not be terminated prematurely. If the Customer continues to use the services provided by ARGUS DATA INSIGHTS Schweiz AG after the fixed term has expired, the Contract will continue as a contract for an indefinite period and this clause 9.2 shall apply.
If any minimum contract term has not yet expired on the date when the Contract is cancelled by the Customer, the Customer shall owe ARGUS DATA INSIGHTS Schweiz AG the costs incurred up to the expiry of the minimum contract term and the reimbursement of all additional costs and expenses. Repayment on a pro rata temporis basis is excluded.
9.2.2. Termination without Notice by ARGUS DATA INSIGHTS Schweiz AG
ARGUS DATA INSIGHTS Schweiz AG may terminate the Contract without giving notice at any time if
a) proceedings for bankruptcy or insolvency are initiated against the Customer, or
b) the Customer violates contractual provisions; or
c) the Customer misuses the services for illegal purposes.
If ARGUS DATA INSIGHTS Schweiz AG cancels the Contract without giving notice because the Customer violates contractual provisions or the services are misused for illegal purposes, the Customer shall owe ARGUS DATA INSIGHTS Schweiz AG any outstanding fees plus reimbursement of all additional costs and expenses up to the next ordinary Contract termination deadline.
10. Further Provisions
10.1. Transfer of Rights and Obligations
Rights and obligations arising from the Contract can only be transferred to third parties with the written consent of the other party.
The transfer of the contract from ARGUS DATA INSIGHTS Schweiz AG to a legal successor or related company shall be exempt from this clause.
10.2. Severability Clause
If, because of separate contracts, individual provisions of these Terms and Conditions become ineffective or shall otherwise prove invalid, ineffective or unrealisable, this shall not affect the legal validity of the remaining provisions of these Terms and Conditions. The invalid, ineffective or unrealisable provision shall be replaced by a valid, effective of realisable provision that comes closest to the economic purpose pursued by the invalid, ineffective or unrealisable provision.
10.3. Form Requirement
Subsidiary agreements, assurances and other agreements and amendments and supplements to these General Terms and Conditions and their Annexes as well as to the written Contract and/or the order confirmation signed by ARGUS DATA INSIGHTS Schweiz AG (see clause 3 above) require to be made in writing to become effective. Divergent Customer-specific conditions shall only apply if they have been approved by ARGUS DATA INSIGHTS Schweiz AG in writing. This also applies to future adjustments to the services provided by ARGUS DATA INSIGHTS Schweiz AG.
For the amendment of the Language Services by the Customer, email and fax also fulfil the written form requirement for ARGUS DATA INSIGHTS Schweiz AG’s approval.
10.4. Place of Jurisdiction and Applicable Law
The contractual relationship between the Customer and ARGUS DATA INSIGHTS Schweiz AG, including these Terms and Conditions and its Annexes I-III, shall be governed by Swiss law, to the exclusion of the conflict of laws provisions.
Place of jurisdiction for disputes between ARGUS DATA INSIGHTS Schweiz AG and the Customer is the registered office of ARGUS DATA INSIGHTS Schweiz AG. ARGUS DATA INSIGHTS Schweiz AG shall also be entitled to prosecute the Customer at the place of residence or registered office of the Customer. If the Customer is to be considered a consumer pursuant to Article 32 of the Swiss Civil Procedure Code, he or she may prosecute ARGUS DATA INSIGHTS Schweiz AG at the other courts of competent jurisdiction.
Annex I: MEDIA RELATED SERVICES
1. Scope of Contract
ARGUS DATA INSIGHTS Schweiz AG provides the Customer with media related services involving media monitoring, media review, media analysis and value added services.
All media related services are subject to this Annex I, no matter whether ARGUS DATA INSIGHTS Schweiz AG delivers them by email, fax, postal mail or in any other way.
a) Within the scope of media monitoring, ARGUS DATA INSIGHTS Schweiz AG finds and aggregates media relevant content on behalf of the Customer.
b) Within the scope of media review, ARGUS DATA INSIGHTS Schweiz AG structures and evaluates media content on behalf of the Customer and delivers the reviews to the Customer in a separate order for structure, up-to-dateness or topic or as a summary.
c) Within the scope of media analysis, ARGUS DATA INSIGHTS Schweiz AG analyses and interprets media content on behalf of the Customer and provides recommendations for actions to the Customer.
d) In addition to the above-mentioned services, ARGUS DATA INSIGHTS Schweiz AG offers the delivery of media releases and consulting services.
2. Correspondents and Partners
ARGUS DATA INSIGHTS Schweiz AG is not liable for the quality of the media related services offered by its partners (foreign media monitoring organisations) as these are independent companies and ARGUS DATA INSIGHTS Schweiz AG only distributes the information as part of its media monitoring service.
3. No Guarantee for Completeness
On a daily basis, ARGUS DATA INSIGHTS Schweiz AG searches for topics in millions of newspapers, magazines, radio and TV stations as well as websites and social media posts. However, absolute perfection is not possible. ARGUS DATA INSIGHTS Schweiz AG cannot guarantee completeness or a certain success rate of the media monitoring.
The Customer shall check the clippings delivered by ARGUS DATA INSIGHTS Schweiz AG as soon as possible. Should the received articles contain topics that do not correspond with the Customer’s topic, the clippings shall be returned to ARGUS DATA INSIGHTS Schweiz AG within 10 days. Otherwise, the clippings are assumed to correspond with the Customer’s topic.
4. Ordinary Termination Period
Each party may terminate the indefinite Contract in writing at the end of the next invoicing period.
The applicable invoicing period is set out in clause 5 below.
5. Invoicing and Prices
5.1. In General
Invoicing takes place according to the order (Contract or order confirmation). Unless agreed otherwise, our prices (as well as dispatch costs) shall be net plus legal VAT in Swiss francs and payable within 30 days. ARGUS DATA INSIGHTS Schweiz AG reserves the right to change its prices at any time. ARGUS DATA INSIGHTS Schweiz AG will announce any price increases in good time and in writing to enable the Customer to terminate the Contract within the statutory notice period. If no written confirmation of termination is received within this period, the changes will be deemed to have been accepted by the Customer.
All services ordered beyond the content outlined in the order confirmation or in the written media related services Contract will be invoiced separately by ARGUS DATA INSIGHTS Schweiz AG.
5.2. Online Monitoring
Any copyright fees or user fees for linked online documents, specifically article links (deep links) or PDF documents produced with the editorial content of online articles are not contained in the ARGUS DATA INSIGHTS Schweiz AG fees and will, where applicable, be passed on to the Customer. The Customer shall pay ARGUS DATA INSIGHTS Schweiz AG for third-party costs of this kind. If the Customer does not wish to pay such third-party costs, the Customer has the right to terminate the Contract with ARGUS DATA INSIGHTS Schweiz AG by way of ordinary termination in accordance with the contractual requirements or to exclude media of this kind from the media monitoring programme. If the Customer does not do so, these fees will be passed on from the date on which the service starts.
6. Radio/TV Copies
The copies of radio and TV broadcasts ordered by the Customer are produced especially for the Customer’s purposes and can therefore not be exchanged. The broadcast copies are archive copies and as a result are not of studio quality.
For copyright reasons, ARGUS DATA INSIGHTS Schweiz AG is not permitted to produce copies of entertainment programmes, series, live Eurovision and sports broadcasts.
7. Media Archive
Due to the large number of publications ARGUS DATA INSIGHTS Schweiz AG only keeps a reduced archive. Print media and online articles as well as recorded radio and TV broadcasts are stored for approx. 1 month.
8. ARGUSflat
8.1 Limit the search request or to adjust the price
In order to ensure that ARGUSflat services are up to date and effective, the supplier is entitled, in cases where the media attention exceeds three times the median for comparable cases, to limit the search request or to adjust the price to include the additional work provided.
8.2 Amending the media programme
The supplier reserves the right to amend its media programme at any time.
9. Copyright
The media contents delivered by ARGUS DATA INSIGHTS Schweiz AG are subject to the copyrights of third parties. This also applies to so-called online documents to which ARGUS DATA INSIGHTS Schweiz AG provides links within its media related service delivered in clippings on to ARGUSavenue or by email. ARGUS DATA INSIGHTS Schweiz AG explicitly points out that rights to the transmitted documents (incl. linked online documents) are at no time transferred to the Customer but remain with the original owner (normally the creator) in line with national and international law or with the derivative rights holder (the rights owner following transfer).
If required, any rights to further use of the delivered content must be obtained by the Customer from the relevant publishers or the legal owners of such rights since ARGUS DATA INSIGHTS Schweiz AG does not own these rights (© to press clippings). The articles provided are exclusively for the Customer’s own use, i.e. for private and/or internal documentation and information and, in particular, may not be published nor made available in any other way to third parties, e.g. on a website. The supplied press clippings may not be used to build a publicly accessible media archive, nor may they be fed into such an archive.
The publication of the analyses and/or the disclosure of the data without ARGUS DATA INSIGHTS Schweiz AG‘s consent is prohibited.
Any use of the authorised contents which goes beyond the permitted use may infringe the rights of third parties (in particular copyrights). The Customer is liable for his or her own breaches of the current copyright law provisions and fully indemnifies ARGUS DATA INSIGHTS Schweiz AG from respective third party claims.
10. Force Majeure, Unforeseen Events and Existence of Media Information
ARGUS DATA INSIGHTS Schweiz AG is not liable for unforeseeable events or force majeure resulting in either the partial or complete cessation of media related services.
Annex II: ARGUSavenue AND MEDIA CONTACT DATABASE
1. Scope of Contract
This Annex II relates to the products and services provided by ARGUS DATA INSIGHTS Schweiz AG with respect to “ARGUSavenue”.
By registration to ARGUSavenue, the Customer may on the one hand obtain the media related services (which are set out in Annex I) and Language Services (which are set out in Annex III) he or she has ordered. On the other hand, ARGUS DATA INSIGHTS Schweiz AG offers on ARGUSavenue a registration for access to a media contact database. Moreover, the Customer has the opportunity to order upgrades and modules online (coming together with a payment obligation) via “Buy on Demand“. After expiration of a testing period being free of charge, the paid subscription comes into effect,
The following terms of this Annex II regulate the use of ARGUSavenue for the receipt of media related services and upload of the Customer’s own content as well as the use of the media contact data base for the dispatch of media releases.
2. ARGUS DATA INSIGHTS Schweiz AG Services and Rights
ARGUS DATA INSIGHTS Schweiz AG shall provide the ARGUSavenue service under the terms and conditions of the package ordered. ARGUS DATA INSIGHTS Schweiz AG shall provide the services in line with the operational resources available to it. ARGUS DATA INSIGHTS Schweiz AG may call on the services of third parties in the provision of the service.
Where possible, ARGUS DATA INSIGHTS Schweiz AG shall inform the Customer in good time of any operational disruptions that are necessary to rectify faults, carry out maintenance work, introduce new technology, etc. ARGUS DATA INSIGHTS Schweiz AG shall undertake to keep interruptions brief and carry them out during off-peak periods.
ARGUS DATA INSIGHTS Schweiz AG shall take measures to rectify problems and faulty services unless there are circumstances beyond ARGUS DATA INSIGHTS Schweiz AG’s control which prevent them from being rectified. Clause 5 shall apply with regard to ARGUS DATA INSIGHTS Schweiz AG’s liability.
The Customer shall bear the costs for the limitation and rectification of problems by ARGUS DATA INSIGHTS Schweiz AG if the Customer has demanded an investigation and the cause of the problem can be attributed to faults or errors in the equipment used by the Customer. ARGUS DATA INSIGHTS Schweiz AG shall not bear any costs for third-party support.
If ARGUS DATA INSIGHTS Schweiz AG is informed by a competent authority about the illegal use of the service, if this kind of use is evident or there is reasonable suspicion of usage of this kind, especially based on information provided by a third party, ARGUS DATA INSIGHTS Schweiz AG can demand that the Customer use the service in accordance with the Contract, suspend the service for an unlimited period and/or cancel the Contract without notice or compensation. The costs incurred up to the next ordinary termination date and the reimbursement of all additional costs and expenses shall remain due.
ARGUS DATA INSIGHTS Schweiz AG reserves the right to take further action in the event of illegal use of the service or the respective suspicion thereof. ARGUS DATA INSIGHTS Schweiz AG may enforce the same measures if the Customer fails to comply with contractual terms.
Within the provision of the service, ARGUS DATA INSIGHTS Schweiz AG shall be entitled to completely erase the datasets and stored web links from the server after they have been kept for 5 years, or when more than 200,000 datasets/web links have been stored.
3. Customer Responsibilities and Obligations
3.1. General
The Customer shall comply with the legal regulations in Switzerland and abroad when using the service. Uploading and/or sending illegal information (in particular depictions of violence, pornography, discrimination, incitements to violence or criminal offences, gambling, infringement of copyrights, trademarks and other intellectual property rights, defamation of character, etc.) and insults are prohibited.
The Customer shall ensure that the user ID and password are not disclosed to third parties and that information about them is not made accessible. The passwords will be provided by ARGUS DATA INSIGHTS Schweiz AG. The Customer must have them changed by ARGUS DATA INSIGHTS Schweiz AG at irregular intervals. The Customer shall protect its equipment, systems and data (including software) against unauthorised access and third-party manipulation. It shall take measures to prevent unauthorised access to external systems and the distribution of viruses.
If the Customer integrates its own datasets or other information into the database, it must ensure that it owns the rights on these data sets and the information, respectively or that it is legally authorised by third parties to use the data sets’ contents hereto. When recipient data is added personally by the Customer, the Customer must also personally ensure that it has obtained from the recipient any required prior consent to email distribution (in particular based on the legislation governing unfair competition).
The Customer shall be responsible for taking all necessary measures to prevent infection with and distribution of viruses on its systems at its own expense.
ARGUS DATA INSIGHTS Schweiz AG shall be entitled to take measures to prevent or rectify faults and demand that the Customer implement measures at the Customer’s premises. If a fault cannot be rectified in any other way, the Customer shall modify its system at its own expense or discontinue its use in relation to ARGUS DATA INSIGHTS Schweiz AG.
The Customer shall pay the applicable fee for the service.
3.2. Media Contact Database and Contact Management
Under «Contacts» ARGUS DATA INSIGHTS Schweiz AG offers a database of media contacts containing addresses of journalists, editorial offices, departments and media in Switzerland, all gathered from publicly accessible sources.
The media contact data provided by ARGUS DATA INSIGHTS Schweiz AG are protected by copyright. On payment of the appropriate module fee the Customer shall be entitled to use all functions of the ARGUSavenue software for media reports. Passing on the exported address data to third parties is prohibited, as is selling or leasing the data. The Customer shall be liable for statutory violations carried out by its users. ARGUS DATA INSIGHTS Schweiz AG reserves the right to monitor the access statistics (log files) and register deviations. This provision shall also continue to apply after the Contract is terminated.
ARGUS DATA INSIGHTS Schweiz AG does not carry out any checking or content editing of the data (texts, images, graphics etc.) sent by the Customer to the recipient. The Customer therefore has the sole responsibility for the content of the data and the reliability of the means of transmission that it chooses. In particular, the Customer must use data that is free from third-party rights. Regardless of the fact that ARGUS DATA INSIGHTS Schweiz AG does not check the data to be transmitted, ARGUS DATA INSIGHTS Schweiz AG shall reserve the right to refuse to disseminate it.
Every media report must contain details of a media contact for any enquiries. A name and telephone number must be provided.
Where the data are subject to usage restrictions, the Customer is responsible for informing the recipients and ensuring their compliance.
Disseminating information for a purpose other than for publishing through media (media reports) is prohibited. In particular, the dissemination of advertising mail, spam and similar material is not permitted.
4. Fees, Invoicing and Payment Terms
The obligation to pay commences when the service starts, i.e. when the package selected by the Customer is activated.
ARGUS DATA INSIGHTS Schweiz AG will invoice the Customer monthly. The invoice is payable by the expiry date quoted on the invoice form.
5. Guarantee and Liability
5.1. ARGUS DATA INSIGHTS Schweiz AG Guarantee and Liability
In the event of a conflict between this provision and a provision in the legal notes, published on ARGUSavenue, this provision shall prevail to the extent of the conflict over the legal note’s provisions.
ARGUS DATA INSIGHTS Schweiz AG accepts no liability for the error-free functioning of the service. ARGUS DATA INSIGHTS Schweiz AG cannot guarantee uninterrupted service, service at a specific time or the quality of the data saved or transferred. ARGUS DATA INSIGHTS Schweiz AG is not liable for the accidental publication, damage or deletion of data.
ARGUS DATA INSIGHTS Schweiz AG shall not be liable for claims or damages caused to the Customers or its customers, in particular for damages resulting from data loss or an inability to access the internet or to send and receive information.
ARGUS DATA INSIGHTS Schweiz AG shall assume no guarantee and liability for the content of the data transmitted to the recipients by the Customer and the reliability of the means of transmission chosen by the Customer with respect to the data (texts, images, graphics, etc.) it uses, in particular in the light of the provisions governing data protection and unfair competition.
ARGUS DATA INSIGHTS Schweiz AG shall not be responsible or liable for the manner of use of the data transmitted by the Customer (texts, images, graphics, etc.) by the recipients and any third parties. ARGUS DATA INSIGHTS Schweiz AG shall not be responsible or liable for complying with any restrictions of field of use by the recipients.
ARGUS DATA INSIGHTS Schweiz AG cannot be held responsible for misuse and damage by third parties, security problems with the remote monitoring network and the internet, and costs of repair and support services.
ARGUS DATA INSIGHTS Schweiz AG shall in no event provide a guarantee against interruptions to services relating to fault rectification, maintenance, the introduction of new technologies or similar purposes.
ARGUS DATA INSIGHTS Schweiz AG shall accept no liability for damage caused to the Customer’s systems (hardware/software) by viruses.
5.2. Customer Guarantee and Liability
If ARGUS DATA INSIGHTS Schweiz AG, a member of the ARGUS DATA INSIGHTS Schweiz AG group, a member of the organisation, a manager or member of staff of ARGUS DATA INSIGHTS Schweiz AG or a member of the ARGUS DATA INSIGHTS Schweiz AG group is prosecuted under criminal, civil or administrative law and/or held to account because of the illegality of the information provided or published by the Customer on ARGUSavenue, the Customer shall be liable for the damage and indemnify ARGUS DATA INSIGHTS Schweiz AG, a member of the ARGUS DATA INSIGHTS Schweiz AG group, a member of the organisation, a manager or member of staff of ARGUS DATA INSIGHTS Schweiz AG or a member of the ARGUS DATA INSIGHTS Schweiz AG group from any liability (including reasonable attorney fees).
6. Ordinary Termination Period
6.1. In General
This Contract may be terminated by each party upon a written notice of 3 months at the end of each invoicing period
The applicable invoicing period is set out in clause 4 of this Annex II.
6.2. «Buy on Demand»
During the testing period, the Customer may terminate at any time without notice. After expiration of the testing period the Contract may be terminated upon written notice within the termination period. The ordinary termination period is set out in the order and either amounts 3 months up to the end of the next invoicing period or 1 month up to the end of the next invoicing period. It is sufficient to terminate by email in order to fulfil the written form requirement.
7. Data Return on Termination of Contract
If requested by the Customer, ARGUS DATA INSIGHTS Schweiz AG shall undertake to return all data obtained from the Customer or imported itself within 30 days of the termination of the Contract upon payment of a fee (costs appropriate to expenses) and in a suitable format (CD-ROM, email, etc.).
Annex III: LANGUAGE SERVICES
1. Subject matter of the Contract
ARGUS DATA INSIGHTS Schweiz AG shall offer the client language services (translation, proofreading, management summaries, etc.) under the following terms and conditions of business.
2. Standard of care
Within the framework of its services, ARGUS DATA INSIGHTS Schweiz AG shall meet the standards of care that are generally applicable in the sector and that are to be taken into account because of the specific circumstances of the individual case. The services comply with the recognised state of knowledge in professional practice in the relevant specialist area and/or languages. Texts to be translated shall be rendered appropriately in the required language without abbreviations, additions or other content changes. Nevertheless, texts shall be translated based on the meaning of the original content rather than translated literally. This is in order to comply with the particular characteristics and quality standards of the corresponding language areas while also taking into consideration the true meaning of the original text. Any client-specific terminology shall only be taken into consideration if this is expressly agreed upon and any relevant documents (e.g. in the form of terminology lists) are provided by the client before the project is started.
3. Execution by third parties
For the provision of all services, ARGUS DATA INSIGHTS Schweiz AG may use qualified third parties (in particular freelancers). Contact between the client and a third party employed by ARGUS DATA INSIGHTS Schweiz AG shall only be permitted with the express consent of ARGUS DATA INSIGHTS Schweiz AG. The business relationship only exists between the client and ARGUS DATA INSIGHTS Schweiz AG.
4. Delivery of services
The ordered service shall be delivered to the client as set out in the written order confirmation. ARGUS DATA INSIGHTS Schweiz AG shall undertake to duly deliver the services to the contact person named in the order confirmation.
Delivery shall be made by the agreed deadline in the requested format. Any delivery costs are to be borne by the client. Unless otherwise instructed or agreed upon, delivery of the texts processed by ARGUS DATA INSIGHTS Schweiz AG shall be made to the client or the client's instructing employee. The order confirmation and processed texts shall generally be sent using the same method as that originally used to send the language service order to ARGUS DATA INSIGHTS Schweiz AG. ARGUS DATA INSIGHTS Schweiz AG shall accept no liability for delays that occur as a result of the failure of digital/electronic networks.
5. Complaints and guarantees
Complaints regarding the services provided by ARGUS DATA INSIGHTS Schweiz AG shall only be considered if reported in writing within 10 days of delivery of the service.
If and insofar as an ordered service deviates from the requirements laid down in the contract or evidence of translation, processing or terminology errors is found, ARGUS DATA INSIGHTS Schweiz AG shall remedy the relevant points free of charge. If, in exceptional cases, such a remedy is not possible, an appropriate discount shall be offered. No guarantees are offered if the deviations have been caused by the client (e.g. due to incomplete information or errors in the original texts).
6. Restriction of liability
By way of derogation from paragraph 5.1 of the General section of the Terms and Conditions, the liability of ARGUS DATA INSIGHTS Schweiz AG shall be limited to the value of the order.
7. Archiving documents and data
The data received from the client within the framework of the contract and the contractual services provided by ARGUS DATA INSIGHTS Schweiz AG (as a rule, the translations produced and texts edited) may be archived by ARGUS DATA INSIGHTS Schweiz AG. The deletion of these data shall take place if expressly requested by the client.
8. Copyright
The client warrants that the text to be processed by ARGUS DATA INSIGHTS Schweiz AG does not infringe any copyrights or other third-party property rights. Should legal action be taken against ARGUS DATA INSIGHTS Schweiz AG due to any infringements of property rights in spite of the above, the client shall release ARGUS DATA INSIGHTS Schweiz AG from all expenses and costs.
9. Invoicing, prices, arrears
Invoices are issued based on orders. Where nothing different has been agreed, our prices (as well as delivery costs) are to be taken as net plus legal VAT in Swiss francs and are payable within 30 days. All services ordered beyond the scope outlined in the order confirmation will be invoiced separately by ARGUS DATA INSIGHTS Schweiz AG. If a client falls behind with a payment, after being sent an appropriate reminder, he will fall into arrears and owe ARGUS DATA INSIGHTS Schweiz AG the legal late payment interest of 5% from the arrival of the reminder.