General terms and conditions of business

SwissOffice24 – A brand of sallnet GmbH

These General Terms and Conditions (GTCs) govern the relationship between the customer (hereinafter referred to as the Customer/Customer) and sallnet GmbH, Pappelweg 7, 8604 Volketswil as the service provider (hereinafter referred to as SwissOffice24) for the use of all services.

Additional terms and conditions may apply to the use of specific services (in case of doubt, please contact sallnet GmbH).

General terms and conditions

SwissOffice24 supports entrepreneurs and offers corresponding services.

The range of products and services and the prices of SwissOffice24 are described in the current published communication media and can be viewed at www.swissoffice24.ch

Scope of services

SwissOffice24 generally offers the Customer a selection of service packages which are fully described in the price list. Furthermore, SwissOffice24 or its partner companies formally offer the Customer domicile in their business premises at the address

Bahnstrasse 8, 8603 Schwerzenbach, Kt. Zurich, Switzerland

If expressly agreed, SwissOffice24 or its partner companies shall also provide the Customer with furnished office space for joint use.

Furthermore, the Customer intends to establish its registered office or branch office in the business premises of SwissOffice24 or its Partner Companies.

SwissOffice24 may provide further services to the Customer provided that these services are desired and their realization is technically possible and flawless.

The Customer authorizes SwissOffice24 and its employees to receive telephone calls, mail and official orders of any kind.

Agreed additional services on behalf of the Customer are subject to a separate written agreement and an hourly fee of 150 Swiss Francs per hour.

The Customer may not receive certain mailings through SwissOffice24, in particular (not conclusively):

• Packages (unless expressly agreed upon)
• Cash on delivery
• Single-handedly
• Debt collection documents
• Customs / taxable consignments and consignments with postage due
• Payment instructions
• Court documents
• SwissOffice24 will return all excluded shipments to the sender at the expense of the Customer.

Use of office space

If a user agreement with SwissOffice24 has been agreed in writing, the following shall apply:

The use of the furnished office space shall be in the order of registration.

Cancellations are free of charge if cancelled up to 7 days before use.

The Customer is obliged to leave the office premises clean and tidy and in the same condition as they were received, otherwise a cleaning fee of 100 Swiss Francs will be charged.

SwissOffice24 shall inform the Customer, within the legal limits, about other offers and services of SwissOffice24 and its partners or subsidiaries.

Liability

No additional rights (other than those expressly granted) in favour of the customer may be derived from the provision of services.

The Customer assumes full liability for any direct or indirect damage caused to SwissOffice24 and its partner companies by the realization of agreed services. The Customer’s management shall assume personal liability in the event that the Customer is unable to assume any damages arising from the Agreement due to insolvency. SwissOffice24 shall not be responsible or liable (directly or indirectly) for any damage caused by the Customer.

The provision of agreed services does not imply in any case affiliation, promotion, support, approval, investigation, confirmation or supervision by SwissOffice24 of the business activities of the Customer.

SwissOffice24 and its partner companies shall pay the appropriate rent for the business premises and the necessary staff. There are no other payment obligations for SwissOffice24. SwissOffice24 may at any time call in third parties to provide its services.

Prices and Payment Modalities

For the realization of agreed services, the Customer shall pay SwissOffice24 in advance. The amount and the billing period are agreed in the contract.

The payment is due on the 1st day of the corresponding accounting period. Reminder fees of 25 Swiss Francs may be charged per reminder.

In the event of late payment of the amount due, SwissOffice24 may suspend the provision of services without prior notice and without compensation to the Customer.

SwissOffice24 may authorize a third party for the collection of outstanding payments or suspend the provision of services.

SwissOffice24 may authorize a third party to collect the outstanding payments or sell the claims to such payments to a third party in Switzerland and abroad.

The Customer shall be obligated to reimburse SwissOffice24 or the third party responsible for the collection of any and all debt collection and legal costs incurred. If the Customer is in arrears with the payment of a monetary debt, the Customer shall owe, in addition to all costs, a default interest of seven percent per year.

Start, duration and termination of the contract

The contracts come into force upon bilateral signature, completion of the “Know Your Customer” identity check (if SwissOffice24 decides to carry it out) and receipt of payment on the first invoice.

The Agreement shall be automatically renewed until a written notice of termination is given by the Customer or by SwissOffice24. Termination periods/dates of termination and dates of renewal are set forth in the Agreement.

SwissOffice24 reserves the right to inform the Customer by e-mail about future price changes. The changes in prices shall be deemed approved unless the Customer objects in writing within one month and shall only come into effect at the next renewal of the Agreement.

The customer is, if it is a legal entity (excl. association and sole proprietorship with an annual turnover of less than CHF 100’000), legally obliged to an entry / change in the commercial register.  SwissOffice24 reserves the right to withdraw from the Agreement without compensation if such registration with the Commercial Register Office is not made within 30 days of the commencement of the Agreement.

SwissOffice24 is entitled to withdraw from the Agreement without any damages if the Customer is in default with the payment of a monetary debt for more than 30 days.

Under special circumstances, namely if the domiciliary does unfair or illegal business, or does business that may harm the reputation of SwissOffice24, its customers, partner companies or service providers, or if the termination rights apply for the aforementioned reasons, the Agreement may be terminated without notice.

In such cases, there is no entitlement to a reduction or reimbursement of costs owed or already paid.

In the event of termination of the Agreement, SwissOffice24 and its partner companies shall be entitled to notify the responsible Commercial Register Office in Zurich of the termination of the registered office of the Customer at the SwissOffice24 address, unless the Customer notifies SwissOffice24 immediately of a change of registered office.

The customer has 10 days after termination of the contract to change the domicile address at the commercial register office. If the address is not changed and the domicile address Bahnstrasse 8, 8603 Schwerzenbach continues to be used in Zefix, this is to be regarded as unauthorized use. In this case, sallnet GmbH is entitled to report the dissolution to the Commercial Register Office and to reserve the right to take further legal action against the illegal use. In any case, a flat-rate fee of CHF 500 will be charged for illegal use.

Miscellaneous

Unless otherwise agreed in the contract, the contractual relationship shall be governed by the statutory provisions, in particular those of the Swiss Code of Obligations.

Should any provision of this contract be invalid or void, the validity of the remaining content of the contract shall not be affected. The invalid or void provision shall be replaced by the legally permissible provision which comes closest to the economic or contractual purpose.

SwissOffice24 reserves the right to change the General Terms and Conditions at any time. The Customer shall be notified in advance of any changes and such changes shall be deemed to be approved unless the Customer objects in writing within one month. In the event of any objection to changes, the Agreement with the objecting Customer shall continue to be in force until the next renewal without proposed changes.

Swiss law shall apply to the present agreement.

The parties agree that the exclusive place of jurisdiction shall be the ordinary courts at the domicile of SwissOffice24.

Form of Publication

The applicable general terms and conditions can be viewed at any time at www. SwissOffice24.ch/agb. In individual cases, SwissOffice24 may provide a physical version of the GTC upon customer request. The Customer acknowledges that a physical version of the GTC is only an illustration of the GTC valid at that time and only legally binding electronically published GTC and only provides legally valid information as long as it corresponds to the electronic version.

We reserve the right to contradictory mandatory legal provisions.

© SwissOffice24, January 2020