Valid from: January 1, 2019
The following Terms and Conditions regulate the business relations between The Emerald Rating GmbH (hereinafter referred to as Emerald Rating) and the customer.
- Basis for the Business Relationship
After making the agreed payment trough our payment gateway and after electronically signing these General Terms and Conditions the customer is entitled to use all services offered by Emerald Rating in the field of credit information. The use of Emerald Rating services in the field of credit information after electronically signing these General Terms and Conditions and making the payment through our payment gateway. To this extend the respective effective prices and conditions as well as these General Terms and Conditions, and any other potential, special terms and conditions shall apply.
- Contract Period and Termination
The use of Emerald Rating services is no membership. The parties agree that credit information is provided by Emerald Rating after the customer has entered the requested financial information, accepted these General Terms and Conditions and paid the service fee through our payment gateway. This fulfills the requirements of this agreement.
- Right of cancellation
There’s no right to cancel the requested credit services after the Emerald Rating has started to provide its services upon the customer’s request and acknowledgment that he thereby loses his cancellation right. Emerald Rating reserves the right to withdraw from the contract and to invoice the improperly made procurements.
- Prices and Terms of Payment
The price for using the Emerald Rating services is 100 Euros excluding value-added tax (VAT). The payment is due at the same time as the service is requested.
- Authority to Represent the Company
With respect to the service provision, irrespective of their authority to represent the company listed in the commercial register, all those employees of the customer who communicate with Emerald Rating either verbally, by telephone or in writing (by mail, fax or e-mail) shall be deemed as authorized to represent their company when dealing with Emerald Rating. Emerald Rating must be notified in writing of any restrictions of this general authority to represent the company. The customer shall bear the risk for inadequate authority to represent the company or missing authority of its employees.
The customer accepts that Emerald Rating services are created by order of Emerald Rating. Any brands, company logos, other distinguishing marks or proprietary notices, copyright mentions, and all other characteristics that serve the identification of Emerald Rating must not be removed or modified. The customer is prohibited from accessing the software in order to modify, copy or counterfeit the latter or in order to exert influence on the source code of the software or to derive it in any way.
- Means of Communication and Transmission Errors
Emerald Rating is entitled to direct all messages for the customer to the mailing or e-mail address, telephone and/or fax number provided by the customer. The customer shall bear the risk for any losses arising from transmission errors for which the customer is responsible (e.g. e-mails landing in the customer’s spam folder).
Emerald Rating endeavors to maintain its service platform. The customer acknowledges that it may to a certain extent contain errors (e.g. data entry errors by the customer). The customer is responsible for ensuring that the information is adequately designated for the customer’s intended purposes. The data shall be delivered and the associated services shall be provided. Emerald Rating shall not provide any warranty that the services can be provided without interruption or error-free, and furthermore shall provide no guarantee and shall not be held responsible for the availability, quality or execution of the services. Emerald Rating is not liable for any losses or damage that may arise from Emerald Rating’s behavior concerning the credit services. Emerald Rating services shall support credit decision making, but the credit decision as such must be taken by the authorized body of the lender including the review of the correct data entry.
Warranty claims shall be excluded if the defect is due to circumstances, which the customer is responsible for. Any impairment of the function, which is due to hardware defects, environmental conditions, operating error or similar reasons, shall not be deemed a defect. If there is cause for defects liability, the customer may request either remedy or replacement at Emerald Rating’s option. Should Emerald Rating, due to its own fault, be unable to provide appropriate remedy or replacement, the customer may either withdraw from the agreement or demand that the price for the service concerned be reduced. The warranty period shall be one year with effect from the day of delivery of the service.
Emerald Rating shall be liable for any damage caused deliberately or by gross negligence within the scope of the damage. Any further liability shall be excluded to the extent permitted by law. Emerald Rating shall not be liable for losses as a result of instructions by the customer. The liability of Emerald Rating shall be limited to losses incurred by the customer. Any liability for further losses, namely third-party indemnification, shall be waived completely.
- Usage Limitations
The customer shall ensure compliance with the agreed scope of services. The customer is prohibited from replicating software, with the exception of a backup copy intended exclusively for his own personal use. The customer shall use the services provided to him solely in accordance with the effective laws. In particular he shall guarantee compliance with the provisions regarding data protection and copyright and he shall indemnify Emerald Rating from any claims enforced by third parties against Emerald Rating as a result of a violation of the aforementioned provisions.
- Technical Requirements
Safeguarding the operation of the program’s work environment and adapting it to technological advancements falls within the customer’s scope of responsibilities. On request Emerald Rating shall inform the customer of the current technical requirements.
- Breach of Contract
Violation of the usage limitations or any other breach of contract shall result in the immediate termination of the right of utilization. In this case, no refund shall be made for any service fees already paid. This shall not affect any further claims for damages.
- Data and Privacy
Emerald Rating is not gathering, trading or processing personal data. The customer agrees that the financial and customer environment information that he enters in Emerald Rating service, deals for converting it into information for supporting a credit decision only. PayPal personal information is disconnected from Emerald Rating services.
- Contract Documents and Alterations
In case of conflict between the provisions of an individual contract and the provisions of these Terms and Conditions, the provisions of the individual contract shall prevail within the scope in which the disagreement exists. Should an individual provision be or become invalid, this shall not affect the validity of the remaining provisions. The customer’s General Terms and Conditions shall not be applicable insofar as they contradict the Emerald Rating General Terms and Conditions. Unless explicitly agreed otherwise, any alterations and amendments of these terms and of any individual contracts must be in writing. This shall also apply to any agreement with regard to a waiver of the written form requirement.
- Applicable Law
This agreement is governed by Swiss law.
- Place of Jurisdiction
The courts having jurisdiction in Schübelbach (the registered office of Emerald Rating) are appointed for court settlements, subject to any mandatory legal provisions to the contrary. Emerald Rating has the right to sue the customer at another court having jurisdiction.