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General terms and conditions  
General terms and conditions

1. General information
1.1. United Transfer is a project developed by United Online Services AG, Zürcherstrasse 65, 9500 Wil (SG), Switzerland.

1.2. The parties to the agreement are United Online Services AG, Zürcherstrasse 65 in 9500 Wil (SG), Switzerland (hereinafter referred to as "UOS AG") and any persons registering with the United Transfer system to use the services of UOS AG or registering with the intention of using these services. Hereinafter referred to as the "client".

1.3. Acceptance of these General Terms and Conditions by the client is mandatory for cooperation to take place. The place of jurisdiction for any and all disputes resulting from this agreement shall be Wil (SG) - Switzerland. The agreement shall be subject to Swiss law only.

1.4. During registration, the client shall be assigned a personal password, which he will require for obtaining access to the member's area of the United Transfer platform (www.united-transfer.com) and for making payment transactions. The client shall ensure that his password is kept confidential and is not made known to third parties. This shall also apply to the access code assigned to the client for individual transactions booked by the client himself. The client shall report the loss of personal access data immediately. The client himself shall be solely responsible for any misuse of personal passwords. The password for UOS AG access can be changed at any time in the member's area.

1.5. The client hereby confirms that the data notified to UOS AG are correct and complete. The contractual partner undertakes to notify UOS AG immediately of any changes and, if requested by UOS AG, shall, within a period of eight days of receipt of any such request, reconfirm that the information is accurate and up to date. This shall apply specifically to: name (or company name), postal address of the client, e-mail address, telephone and fax numbers. UOS AG hereby explicitly states that if incomplete, counterfeit or illegally obtained payment-related details are provided (e.g. credit card numbers or account numbers), they will immediately bring appropriate charges, which may result in criminal proceedings.

1.6. These GTCs shall regulate the agreement in general as they pertain to the use of the services described herein. In the event that any other services offered by UOS AG are utilised, the applicable GTCs for the specific business division shall apply accordingly. General terms and conditions of our clients or of other contractual parties to the agreement that deviate from the General Terms and Conditions of UOS AG shall not influence the General Terms and Conditions as they apply to this agreement. This shall also be the case where UOS AG is aware of or has been made aware of these terms and conditions.

1.7. UOS AG shall have the right to revise or amend the GTCs at any time. The client shall be informed in advance prior to implementation of any such changes. It shall be assumed that the client is aware of and has accepted these changes when he receives notification of the changes. A corresponding message placed in the member's area by UOS AG shall be considered to represent such a notification of change sent to the client. Clients who are unable to accept the changes may immediately terminate their agreement with UOS AG. It shall be assumed that a client has accepted the changes if no objection is lodged by the client within 14 days of publication of the changes.

1.8. UOS AG and the contractual partner shall be the only parties for whom these provisions shall constitute actionable rights. Any claims by third parties shall be excluded.

1.9. Deadlines, dates and times shall be calculated on the basis of Middle European Time (MEST/MEWT).

2. Object
2.1. UOS AG shall make available to the client a platform for the payment of services and purchases through the Internet. For this purpose, the client shall be assigned a virtual account, which can be used to make direct payments and can also have a credit balance.

2.2. The legal basis for the operation of these accounts shall be the Stipulations and Ordinances of the Swiss Federal Banking Commission (EBK) in Bern dated 16 June 2004. The maximum credit limit on any one account shall not exceed CHF 3000.00 (or the equivalent thereof). The maximum credit limit on euro accounts shall not exceed EUR 1800.00. This amount may be adjusted at any time by UOS AG if changes in the exchange rate for the Swiss franc mean that the maximum credit limit may be exceeded.

2.3. UOS AG shall have the right to limit the methods by which deposits may be made to a virtual account. Currently, deposits may be made using the following payment methods: giropay, prepayment and cheque. A credit balance may be used to pay for all transactions for which the corresponding payment methods are accepted.

2.4. The annual membership charge shall be EUR 1.00 and is due when the first payment transaction is made. Membership shall be automatically extended for a further year unless the client notifies UOS AG of the intention to terminate membership 14 days prior to date of expiry. Payments made by credit card shall not incur additional charges nor shall such transactions be subject to a minimum amount requirement. Payments from foreign countries using credit cards may incur credit card service provider costs for foreign transactions over which UOS AG has no influence.

2.5. The client may request withdrawal of any existing credit balance on his account. The minimum transaction amount shall be EUR 25.00. A charge of EUR 5.00 shall apply to the transfer of the specified amount to an account in Switzerland or Germany. Where no specific details of an account for transfer are provided, the amount shall be paid to the account specified in the direct debit authorisation. Where no account is specified for direct debit purposes, the amount shall be made payable by cheque. This procedure shall incur a handling charge of EUR 10.00. Withdrawals may be made at the earliest 6 weeks after the original deposit has been made.

2.6. The client shall be able to use the system in full when making his first payment transaction. After initial use or registration, the client shall be notified by post of his activation code, which must be entered in the member's area (for verification). Until this code has been entered, the client shall have only limited options for use of the system for payments. After the code has been successfully entered, the client shall be able to use the entire system based on the stipulations of the agreement.

3. Services
3.1. Members of United Transfer shall be able to undertake/initiate payment transactions for all projects that accept UOS AG, using their client ID and personal password. The options available for payment may be limited by the project itself.

3.2. UOS AG shall also provide each client with a personal member's area. A personal account statement shall be provided here so that the client can check completed transactions. The client shall also be able to manage the methods of payment used and personal data.

3.3. The entire design of the website, including all text, graphics, layout and design, with all associated copyrights, is the property of UOS AG. Utilisation, reproduction, modification or distribution of these materials without express prior written authorisation of the company shall be strictly prohibited. This shall also apply to programs and software made available by UOS AG. The client shall have a limited right to use the services that will automatically expire on termination of the agreement without the need for a specific notice of termination. The client is expressly forbidden to assign these usage rights to third parties.

3.4. UOS AG shall provide all services in association with the completion of payment transactions in its own name and shall pursue any claims arising from these services in its own name and for its own account. Any transactions completed through UOS AG shall be identified in credit card or account statements as "www.united-transfer.ch". On completion of each transaction, the client shall receive an email confirming the transaction and restating the transaction details that will appear in the credit card or account statement.

3.5. The client shall not have the right to countermand any already completed transaction. Even in cases in which the client is entitled to a repayment, he shall not have the right to contact his credit card provider or bank in order to countermand a completed transaction. In the event of a justified complaint, UOS AG will initiate the reimbursement of the purchase price. Any such repayment will be made to the client's membership account, from which withdrawals may be made (see Section 2.5). The client shall contact UOS AG directly in the event of a complaint. Contact details can be found in every transaction confirmation message and on the homepage at www.united-transfer.com. The right to object and register complaints shall as a rule expire 14 days after completion of each transaction (see Section 5).

3.6. UOS AG shall be responsible for providing the highest possible availability of its services in accordance with technical conditions. This shall not apply to times at which services cannot be provided due to technical problems. In addition to other causes, this shall in particular include acts of God and defaults by third parties, etc. UOS AG may limit access and / or services provided in the event that this is required for the purposes of safeguarding network operations, maintaining the network integrity and in particular to prevent severe disruptions within the network, within data transfer, the software or within stored data.

4. Membership subscriptions and standing orders
4.1. Where UOS AG is responsible for the management of membership subscriptions and standing orders for individual projects, it shall provide the client with a continuously updated list of all standing orders in the membership area. It shall also be possible to cancel standing orders here by means of a mouse click. UOS?AG shall accept no liability for the availability of services/items ordered by the client. Cancellations of standing orders must be received by UOS AG in good time, i.e. at least 2 days prior to the due date for the next payment. In the case of trial subscriptions, notice of cancellation must be received at least 12 hours prior to termination of the trial subscription. Notice of cancellation can be sent by email to service@united-transfer.com. Middle European Time (MEST/ MEWT) shall be used for the calculation of deadlines (see section 1.9.).

4.2. On completion of the first transaction for a project involving payment of a membership subscription, the client shall be notified of an access code that can be used for all future transactions for projects involving membership subscriptions. This access code may be changed in the member's area at any time.

4.3. A button that can be used to cancel standing projects is provided in the member's area of United Transfer and at all access portals. Notification of the cancellation of a standing order can also be submitted by e-mail.

5. Payments and due dates
5.1. Debited sums shall be automatically transferred on completion of a transaction. The method of payment requested and selected by the client shall be used. Where it is not possible to effect a payment or where a payment must be redebited, a reminder procedure will be immediately initiated. UOS AG shall separately charge for the corresponding costs (at least EUR 10.00 for each dishonoured direct debit and at least EUR 45.00 for each sum recredited to a credit card), in addition to a handling charge of EUR 2.00. A charge of EUR 8.00 shall also be levied for each reminder sent by e-mail. Reminders sent by regular post shall incur an additional charge of EUR 10.00. Where a payment is not effected or is returned, the client shall automatically be considered to be in default without the need for an overdue notice. This shall also apply in circumstances in which a payment could not be effected for reasons outside the control of UOS AG. The client shall also be charged for costs arising from the return of a payment in circumstances in which the client had justified reasons for requesting the return of a payment, but did not arrange the return procedure through UOS AG Support (see Section 3.5).

5.2. UOS AG shall have the right to assign client-related claims to third parties.

6. Data security
6.1. The client is aware that data provided will be stored and processed by means of electronic data processors in accordance with the requirements of the data protection code, and hereby authorises UOS AG to undertake the storage and processing of said data. These data shall be used by UOS AG for in-house and accounting purposes only and shall not be released to third parties. On termination of the agreement, all data shall be deleted once all agreement-related transactions have been completed.

6.2. Where rights arising from the agreement are assigned to a third party, the data shall be released on the understanding that these requirements shall be observed by this third party. UOS AG shall retain the right to obtain information from credit agencies and the Schutzgemeinschaft für allgemeine Kreditsicherung (Schufa - General Credit Protection Agency), as well as to release data to the above in cases of misuse of the payment system in breach of the agreement. Under the Federal Data Protection Act, the corresponding data may be released to these institutions only if this is necessary to protect the legitimate interests of UOS AG and does not infringe upon the statutory rights of the client.

7. Liability
7.1. With respect to software and its availability, UOS AG shall not be liable for errors in the software or for any damage occurring as a result of faulty data transfer. This shall also apply where the damage arises as a result of a software fault.

7.2. UOS AG shall accept liability for damage only if UOS AG or one of its agents has violated one of the main (cardinal) requirements of the agreement in such a way as to put the implementation of the agreement at risk or if the damage arises as a result of gross negligence or deliberate action on the part of UOS AG or one of its agents. Liability and claims for damages, irrespective of type and legal basis, shall be limited to the actual value of the transaction or to a maximum of EUR 300.00. This shall also apply to any claim arising due to the implementation of a compulsory legal requirement.

7.3. UOS AG shall not be liable for the supply of services and goods paid for or ordered through the payment system. This shall include all obligations and warranties entered into by the provider with regard to these services and goods. Should a client have justified reason for complaint, the procedure described in Section 3.5 of these General Terms and Conditions shall be adopted, with UOS AG alone deciding whether the client has a right to reimbursement.

8. Miscellaneous
8.1. All additional agreements, as well as changes and additions to the agreement, shall be made in writing. The written form obligation shall be considered to have been maintained upon sending an e-mail to the last e-mail address disclosed by the contractual partner. Receipt of any e-mail shall be assumed once it has been sent.

8.2. Should any individual provisions of this agreement or future provisions added to this agreement be or prove to be impracticable or invalid in terms of the law as a whole or in part, the validity of the remaining provisions of this agreement shall be unaffected. The same shall apply if this agreement proves to have a loophole. An appropriate regulation shall apply as a replacement for invalid or impracticable provisions or to fill a loophole, which - as far as is legally possible - approximates most closely what the parties intended or would have intended for the agreement, assuming that they had originally considered this on drawing up the agreement or on adding the additional provision.



 
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