SCHWEIZ | EN

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. 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.

 

 

9. 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. Scope of Contract

 

ARGUS DATA INSIGHTS Schweiz AG offers the Customer language services (translations, proofreading, management summaries, etc.) under the following provisions.

 

 

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 being carried out. Translations shall be carried out subject to meaning and not literal translations in order to comply with the peculiarities and quality standards of the corresponding language areas taking into consideration the meaning of the original text.

Individual specialist terminology of the Customer shall only be taken into consideration if this is expressly agreed and corresponding appropriate documents (e.g. in the form of terminology lists) are provided by the Customer prior to the order.

 

 

3. Implementations 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 Customer and a third party commissioned by ARGUS DATA INSIGHTS Schweiz AG shall only be permitted with the consent of ARGUS DATA INSIGHTS Schweiz AG. The business relationship only exists between the Customer and ARGUS DATA INSIGHTS Schweiz AG.

 

 

4. Delivery of Services

 

The service ordered shall be delivered to the Customer in accordance with the details in the order form.

Delivery dates are only binding if they have been confirmed by ARGUS DATA INSIGHTS Schweiz AG in writing.

A delivery is considered to have been carried out if the translation has been sent back to the Customer.

Other forms of dispatch shall take place only on the basis of prior express agreement. Any dispatch costs are to be borne by the Customer.

ARGUS DATA INSIGHTS Schweiz AG shall undertake to duly deliver the services to the contact person named in the order form.

 

 

5. Complaints

 

The Customer must examine the service delivered on receipt for defects. Obvious defects are to be notified without delay, others immediately after discovery. If the Customer fails to do so, the services delivered will be regarded as approved.

 

 

6. Warranty

 

If and to the extent that a service deviates from the contractually agreed requirements, the Customer must grant ARGUS DATA INSIGHTS Schweiz AG an appropriate period for rectification.

Only if the defect is not rectified by the expiry of the period set shall the Customer have the right to initiate proceedings for price reduction and cancellation of the Contract in line with Swiss law on works and services.

ARGUS DATA INSIGHTS Schweiz AG accepts no responsibility for the completeness and accuracy of the translations.

A guarantee shall be excluded if the deviations are caused by the Customer itself (e.g. by incomplete information or incorrect original texts).

 

 

7. Restriction of Liability

 

Contrary to clause 5.1 of the General Section, the amount of any liability of ARGUS DATA INSIGHTS Schweiz AG is moreover limited to the value of the order amount.

 

 

8. Archiving Documents and Data

 

The data received from the Customer within the framework of the Contract and the contractual services of ARGUS DATA INSIGHTS Schweiz AG (as a rule, 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 Customer.

 

 

9. Publications

 

The publication or the printing of a translation must be notified to ARGUS DATA INSIGHTS Schweiz AG in advance. ARGUS DATA INSIGHTS Schweiz AG shall have the right to require the delivery of a specimen copy.

 

 

10. Retention of Title and Copyright

 

The work supplied remains the property of ARGUS DATA INSIGHTS Schweiz AG until the complete payment of all claims. The copyright remains with ARGUS DATA INSIGHTS Schweiz AG.

 

 

11. Non-Enticement Clause

 

The Customer is prohibited for the duration of the Contract and a year after the end of the contractual relationship from headhunting or employing persons working for ARGUS DATA INSIGHTS Schweiz AG (in particular editors and translators).

 

 

12. Invoicing, Prices and Arrears

 

Invoices are issued in accordance with the order (Language Services Contract). Unless agreed otherwise, our prices (and also dispatch costs) shall be net plus legal VAT in Swiss francs and payable within 30 days.

All services ordered beyond the content outlined in the order confirmation or in the written Language Services Contract will be invoiced separately by ARGUS DATA INSIGHTS Schweiz AG.

If the 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.

 

 

 

Annex IV: ARGUS SPOT APP

 

 

1. Subject

 

These terms and conditions of use (‘terms and conditions’) of ARGUS DATA INSIGHTS Schweiz AG (‘we’ or ‘us’) apply between us and the user for use of the app including all of the associated functions, user interfaces, and components such as software, text elements and image elements (‘app’). They also govern access to content that the user is able to access via the app, and how this content is used. By registering on and using the app, the user confirms that they agree to these terms and conditions.

 

 

2. Technical requirements for use

 

The app is reliant upon interactions with applications, websites and other services (‘third-party services’) and third-party devices. Installing and using the app in particular requires the Android or iOS operating system. The use of third-party offerings and devices is the responsibility of the relevant third parties and subject to their regulations. The app’s functions are also heavily dependent on the existence and quality (bandwidth) of the internet connection being used. ARGUS DATA INSIGHTS Schweiz AG is not responsible for the existence or quality (bandwidth) of the internet connection.

 

 

3. People authorised to use the app

 

Media clippings and articles and any other content that can be accessed via the app (‘content’) is available to clients of ARGUS DATA INSIGHTS Schweiz AG only. Use of this app is intended solely for people entitled to do so as part of a contract between ARGUS DATA INSIGHTS Schweiz AG and the client and who have received express authorisation from the client (e.g. employees of the client).

 

 

4. The collection and processing of data when accessing our app

 

We can provide our clients with a mobile app that they can download to their mobile device if they are authorised employees of a client. When you download the app, the body responsible for the relevant app store will process data relating to you and your device. We have no control over this data collection. The app store processes this data under its own responsibility and in accordance with its own privacy policy.

During the registration process and when using the app, we process the data made available to us in doing so (e.g. your full name and email address) in order to execute the contract with our client (generally your employer). When you use the app, we collect certain other pieces of data in order to offer you our app’s functions and ensure that these are stable and secure. This data (e.g. the individual IMEI number of your mobile device or the specific page requested within the app) is a technical requirement. We process this in the legitimate interest of providing the app and executing our contract with our client.

Furthermore, in our legitimate interest we use technologies to evaluate use of the app, optimise our content, and combat fraud and security risks. To this end, we collect and process data about your interaction with the app (e.g. search queries, pages accessed and session duration) as well as technical data (e.g. device information such as the operating system, app version and your IP address).

We use Google Analytics for Firebase, an analytics service provided by Google, to analyse your behaviour when using our app for the aforementioned purposes. To do so, Google uses cookies and similar technologies (e.g. the app instance ID, a number that is randomly generated when the app is installed) to collect various pieces of information such as how often you open our app.

We have configured the service in such a way that the IP addresses of visitors to Google’s websites within Europe will be shortened before being sent to the USA, and thus cannot be tracked. Google provides us with reports and can in this sense be considered to be processing our order, but Google also processes the data collected for its own purposes. The data collected may enable Google to draw conclusions regarding the identity of website visitors and thus create personal profiles and link the data acquired with any existing Google accounts for the people in question. Information on safeguarding your data with Google Analytics can be found here, and if you already have a Google account further information is available here.

You can deactivate the cookies and similar technologies used for Google Analytics for Firebase by using the following link to download and install the opt-out browser add-on: Google Analytics opt-out browser add-on.

 

 

5. User responsibilities and obligations regarding the app

 

By registering on and/or using the app, the user assures ARGUS DATA INSIGHTS Schweiz AG that they have been authorised by the client to use the app, and have been informed by the client about and are aware of the permitted internal use of these services in accordance with the contract concluded between ARGUS DATA INSIGHTS Schweiz AG and the relevant client. The user undertakes to use the app and its content solely in Switzerland for internal information documentation purposes as part of their professional activities, and not to use either the app or its content in any manner not expressly permitted by these terms and conditions or by the contract concluded between ARGUS DATA INSIGHTS Schweiz AG and the client.

The user may not make any changes to the app or commission any such changes from third parties. The user is also not permitted to give, sell or license any part of the app or its content, otherwise commercially exploit the app or its content or commission their commercial exploitation, or transfer rights in the app to third parties. The user in particular undertakes to refrain from reverse engineering, decompilation, or disassembly. ARGUS DATA INSIGHTS Schweiz AG and its licensors remain the owners of all copies of software applications, even after installation on the user’s devices. Legal powers remain unaffected.

The user is responsible for ensuring that their user ID and password are not accessible or communicated to third parties. The user must protect their mobile devices and data from unauthorised access and manipulations by third parties.

 

 

6. ARGUS DATA INSIGHTS Schweiz AG rights and services

 

ARGUS DATA INSIGHTS Schweiz AG provides the app to the user ‘as is’. The usability of the app may be restricted or suspended as a result of maintenance work, internet-related malfunctions or other circumstances. ARGUS DATA INSIGHTS Schweiz AG is entitled but not obliged to inform the user of this. In its relationship with the user, ARGUS DATA INSIGHTS Schweiz AG has no duty or obligation to undertake maintenance or upkeep measures.

ARGUS DATA INSIGHTS Schweiz AG may entrust the provision of services to third parties. The user acknowledges and accepts that unprocessed searches of content are performed by a machine, and that ARGUS DATA INSIGHTS Schweiz AG has no control over the content. ARGUS DATA INSIGHTS Schweiz AG cannot therefore exclude the possibility of the user being confronted with pornographic, immortal, extreme right-wing or extreme left-wing content, or content that would otherwise violate Swiss or international law.

ARGUS DATA INSIGHTS Schweiz AG is entitled to alter, expand, reduce, or withdraw the app or individual functions at any time. The user has no right to full or partial use of the app. This includes continuous availability of the app.

Furthermore, ARGUS DATA INSIGHTS Schweiz AG is entitled at its own discretion to remove individual media from the app at any time in order to avoid or end actual or potential legal disputes, in particular relating to copyright, other intellectual property rights, or personal and privacy rights.

 

 

7. Trademark rights

 

All trademarks, trade names, logos, domain names, and other distinguishing attributes of ARGUS DATA INSIGHTS Schweiz AG and its licensors are the sole property of ARGUS DATA INSIGHTS Schweiz AG and its licensors. These terms and conditions do not grant the user the right to use the aforementioned attributes.

 

 

8. Third-party rights to media content

 

Third parties hold copyright to the media content supplied and made accessible via the app by ARGUS DATA INSIGHTS Schweiz AG. This also applies to online documents for which ARGUS DATA INSIGHTS Schweiz AG provides links to their sources within the app. ARGUS DATA INSIGHTS Schweiz AG expressly stipulates that rights to documents transmitted or made available in this way (including linked online documents) are not at any time transferred to the client or user by ARGUS DATA INSIGHTS Schweiz AG, but rather remain held by the original copyright holder (generally the creator) or the derivative copyright holder (copyright holder following transfer of rights) in accordance with national and international law.

Any rights to further use of the content provided or made available must be obtained from the relevant publisher or rights holder by the client or user if required, as ARGUS DATA INSIGHTS Schweiz AG does not hold these rights (© of media reports). The articles provided are to be used exclusively for the purposes of in-company documentation or information for the ARGUS DATA INSIGHTS Schweiz AG client that has awarded usage rights to the user in accordance with section 3 above, and in particular may not be published or made accessible to outsiders in any way, e.g. on a website. The media content provided may not be used to create a publicly accessible media archive, nor stored in any such archive.

Publishing analyses and/or passing on data without the permission of ARGUS DATA INSIGHTS Schweiz AG is prohibited.

Any use of the content beyond the permitted scope may infringe the rights (and in particular the copyright) of third parties. The user is liable for their own violations of applicable copyright regulations and entirely indemnifies ARGUS DATA INSIGHTS Schweiz AG against any such third-party claims.

 

 

9. Guarantee and liability

 

 

9.1. ARGUS DATA INSIGHTS Schweiz AG guarantee and liability

 

Statutory warranty is excluded. ARGUS DATA INSIGHTS Schweiz AG cannot guarantee uninterrupted use of the app and its content, use at a specific time, or the quality of the data stored or transmitted. ARGUS DATA INSIGHTS Schweiz AG is not responsible for the fitness, quality, completeness or availability of content.

Any liability on the part of ARGUS DATA INSIGHTS Schweiz AG – including liability for auxiliaries and third parties, due to claims or damages of a material or immaterial nature (including consequential damages, loss of profit, opportunities/goodwill, or data loss) for example resulting from the use or non-use of the app and its content, or as a result of breach of the duty of due care by the user – is excluded to the extent permitted by law. ARGUS DATA INSIGHTS Schweiz AG remains liable for damages caused by intentional or grossly negligent behaviour on its own part, and for personal injuries.

ARGUS DATA INSIGHTS Schweiz AG is not liable for interruptions of service for the purposes of troubleshooting, maintenance, introducing new technologies, or similar. ARGUS DATA INSIGHTS Schweiz AG’s liability for interruptions, delays or failures is also excluded if these interruptions, delays or failures are directly or indirectly the result of circumstances, events, facts or causes beyond its reasonable control, including actions or omissions by the user or client, strikes, lockouts or other labour problems resulting or arising from power failure, riots, uprising or other hostilities, embargoes, fire, flooding, epidemic, pandemic or force majeure.

ARGUS DATA INSIGHTS Schweiz AG is not responsible for the content, accuracy or topicality of external websites or other sources that users can access via links in the app. Responsibility for the content of linked websites lies with their operators. ARGUS DATA INSIGHTS Schweiz AG has no influence over this material.

 

 

 

9.2. User guarantee and liability

 

The user is liable to ARGUS DATA INSIGHTS Schweiz AG for any material and immaterial damage resulting from infringement of their contractual and/or non-contractual duties and responsibilities.

The user indemnifies ARGUS DATA INSIGHTS Schweiz AG against any liability or damages if third parties assert a claim against ARGUS DATA INSIGHTS Schweiz AG as a result of infringement of third-party intellectual property rights or of non-contractual or unlawful use of the app and its content, or if third parties hold ARGUS DATA INSIGHTS Schweiz AG, its bodies and/or its employees responsible or pursue them under criminal, civil or administrative law. This indemnification obligation also includes expenses incurred by ARGUS DATA INSIGHTS Schweiz AG in relation to a legal action or investigation prompted by the user. The user will support ARGUS DATA INSIGHTS Schweiz AG to a suitable and reasonable extent, and shall immediately inform us in writing of any claims asserted by third parties.

 

 

 

9.3. Downloading the app from the Apple Store or using it on an iOS operating system

 

By downloading the app from the app store provided by Apple Inc. (‘Apple’) or using the app on an iOS device, the user is confirming that they have read and understood the following information. They are declaring that they accept the provisions of this section.

These terms and conditions are concluded between the user and ARGUS DATA INSIGHTS Schweiz AG only and not with Apple. Apple is not responsible for the app and its content. Apple is in no way obliged to provide maintenance or support services relating to the app. If the app does not comply with an applicable warranty, the user can notify Apple, and Apple will refund the relevant purchase price of the app to the user. Apple has no other warranty obligations relating to the app within the limits of the law.

Apple is not responsible for processing user claims or claims from third parties relating to the app or to user ownership and/or use of the app, including: (1) product liability claims, (2) any claims relating to the service’s failure to comply with applicable legal or regulatory requirements, and (3) claims arising from consumer protection law or similar legislation. Apple is not responsible for investigating, defending, settling or discharging third-party claims under which the app and/or the user’s ownership and use of the app infringes the intellectual property rights of said third party. The user agrees to respect applicable third-party regulations whilst using the service. Apple and Apple’s subsidiaries are third-party beneficiaries of these terms and conditions, and upon the user’s acceptance of these terms and conditions, Apple is granted the right (and will be presumed to have adopted this right) to apply these terms and conditions to the user as a third-party beneficiary of this contract. The user hereby attests and affirms that (1) the user is not resident in a country subject to an embargo by the US government or a country classified as a ‘state sponsor of terrorism’ by the US government, and that (2) the user does not appear on a banned or restriction list operated by the US government.

 

 

10. Privacy

 

Personal data processing under these terms and conditions is in accordance with the relevant applicable data protection regulations (especially those applicable in Switzerland) and the ARGUS DATA INSIGHTS Schweiz AG privacy policy, in particular section 4 entitled ‘The collection and processing of personal data when accessing our app’.

 

11. Termination of use

 

The user may cease using the app at any time by deleting or uninstalling it from their device.  ARGUS DATA INSIGHTS Schweiz AG is entitled at any time to alter or adjust the app’s operations, or to partially or fully rescind the user’s access to the app and its content.

 

 

12. Final provisions

 

ARGUS DATA INSIGHTS Schweiz AG is entitled to modify these terms and conditions. By using the service after a change has been communicated, the user is agreeing to this change.

ARGUS DATA INSIGHTS Schweiz AG is entitled to transfer the rights and duties from this agreement to a legal successor or associated company.

These terms and conditions are subject to Swiss law, with the exclusion of any foreign conflicts of law. The sole place of jurisdiction is the headquarters of ARGUS DATA INSIGHTS Schweiz AG. ARGUS DATA INSIGHTS Schweiz AG is also entitled to prosecute the user in their place of residence.