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General Contract Conditions

1. The undersigned cardholder (“Cardholder”) hereby instructs Securicard AG (“SECURICARD”) to provide the services listed in the brochure, for which the Cardholder will pay an annual fee in advance. The annual fee will be debited automatically to a credit card indicated by the Cardholder. SECURICARD reserves the right to change the annual fee if subject to 60 –days’ advance notice. Both parties may terminate this contract in writing subject to 30 days’ notice. If the contract is terminated by SECURICARD, the Cardholder will receive a refund of the premium for the current year on a pro rata basis. Unless the contract is explicitly terminated in accordance with the abovementioned conditions, the contract shall be renewed automatically for another year in each case. SECURICARD undertakes to reimburse the Cardholder for expenses incurred in connection with blocking and replacing cards up to a maximum of CHF 175 per occurrence.

 

2. If SECURICARD is informed by telephone of the loss or theft of one or several cards duly registered with SECURICARD, it will immediately notify the issuer of the cards in question. From the point in time when the SECURICARD center receives the telephone call from the Cardholder, SECURICARD will be liable for any misuse of the card(s). SECURICARD shall be exempted from its liability as soon as the card issuers have been informed. The Cardholder shall be solely responsible for meeting any other demands of the card issuers in connection with loss or theft.

 

3. The Cardholder guarantees that all information given to SECURICARD are correct and undertakes to notify SECURICARD of any changes which occur in respect of the cards (number, expiry date, issuer, etc.) and the Cardholder’s personal data.

 

4. For security reasons, SECURICARD reserves the right to record all calls from the Cardholder, to store the recording on data carriers and to keep these for a period of one year.

 

5.The Cardholder notes that reporting the loss of one or several of his cards to SECURICARD may result in the cancellation of these cards by the respective issuer. SECURICARD shall not be liable for direct or indirect losses or damages which occur as a result of such cancellation of a card or as a result of an omission to cancel a card or as a result of the issuer’s decision not to cancel the card.

 

6. SECURICARD shall not be obliged to make refunds or pay compensation on the basis of the loss or theft of a card (except those listed under Article 1).

 

7. SECURICARD returns bunches of keys -- to which a SECURICARD fob is attached and which are sent to SECURICARD in accordance with a contract with “Die Schweizerische Post” (Swiss Post) –– to the cardholder within the shortest period of time possible. SECURICARD shall not accept any responsibility for the transport or any delays in delivery to SECURICARD on the part of Swiss Post or for any delays in delivery to the Cardholder by Swiss Post on the part of SECURICARD. The Cardholder will not be charged any additional expenses for this service.

 

8. SECURICARD may appoint partner companies in Switzerland to provide services to perform this contract. The Cardholder therefore authorizes SECURICARD to make the data stated on the registration form available to its partner companies to the extent required to perform this contract. SECURICARD undertakes to treat all the personal data which are communicated to it as strictly confidential and it will ensure that its partner companies also treat such data as strictly confidential.

 

9. SECURICARD reserves the right to change these contractual conditions at any time. The Cardholder will be informed of such changes by circular letter or in another appropriate form. These changes shall be deemed to have been approved if the Cardholder does not raise any objection within a period of one month.

 

10. Swiss law shall apply to this contract. The place of performance and sole place of jurisdiction for all proceedings shall be Lausanne (Canton Vaud). However, SECURICARD reserves the right to take legal action against the Cardholder at his place of residence or before any other competent court. SECURICARD is registered with the Swiss Federal Data Protection Commissioner.