General Terms and Conditions of Business of Connectiv AG
Connectiv offers services for the client’s employees (beneficiaries) in the fields of relocation and change of residence, seeking accommodation, bureaucratic matters and others matters (“relocation services”). These services are contractually described in more detail.
The following General Terms and Conditions of Business shall apply to all contractual relationships of Connectiv as of 1.1.2013. Upon acceptance of one or more offers as well as upon utilisation of “relocation services”, these General Terms and Conditions of Business shall be deemed acknowledged.
Subject matter of contract
Subject matter of the contract are the “relocation services” selected and/or commissioned via separate agreement by the client at the prices explicitly agreed.
Explicitly not subject matter of the contract are consultations in matters pertaining to foreigners, as well as legal, tax and insurance consultations. Likewise, Connectiv shall assume no binding translations or oral assignments in other languages. Should the client specifically commission such, Connectiv shall endeavour to have such performances rendered by external consultants or service providers at the client’s cost. Reference is made to the restriction of liability according to Clause 9.
Connectiv shall not actively represent the Client or the employees thereof in legal transactions, which may trigger legal obligations, in particular payment and/or liability obligations.
Offer and materialisation of contract
The contract between Connectiv and the client shall materialise due to the client’s written acceptance of the offer. Nature, scope and price of Connectiv’s offer shall be subject to change and non-binding until acceptance.
Any amendments, supplements and cancellations of the contract shall require the written form.
Prices and invoicing
The prices are fixed pursuant to separate Connectiv tariffs. The prices are given in Swiss francs. Prices may be changed at any time. The invoices issued by Connectiv shall be broken down in detail and paid within 20 days of receipt. Connectiv may invoice a prepayment at its own discretion.
Unless otherwise agreed, the prices for the “relocation services” shall include the telephone and fax costs within Switzerland, as well as mail costs. Separate expenses, such as, e.g. allowable car costs, international telecommunication costs, official fees and administration costs shall be paid separately. Unless agreed as a lump sum, allowable car costs will be invoiced at 0.80 CHF/km. All prices are exclusive of the legally applicable value added tax at the time of contract conclusion.
Within the scope of seeking accommodation for the beneficiaries, Connectiv shall work closely with real estate agencies and estate agents. Brokerage costs and broker’s commissions are not “relocation services”. They are not included in the Connectiv’s prices and shall be paid directly by the client to the real estate agency or estate agent.
All prices shall apply to the execution of the “relocation services” within the scope of the opening times applicable to Connectiv (see Clause 10). These prices will increase by 50% outside the opening times of Connectiv.
All prices are given in CHF and are exclusive of the statutory valued added tax.
Connectiv’s claim to remuneration vis-à-vis the client shall exist irrespective of any others, e.g. existing third-party commission claims vis-à-vis the client. This shall apply in particular to claims arising in consequent of the client’s or beneficiary’s own activities.
Additional performances rendered by Connectiv after the contract ends shall be separately remunerated by the client according to expenditure of time and expenses or according to an agreement lump-sum fee.
Duties of client
The client undertakes to ensure an extensive and efficient cooperation between Connectiv and the beneficiary, in order to enable Connectiv to render the “relocation services“ in the contractually agreed scope and within the agreed periods of time.
The client undertakes to procure all the information, records and documents in the German language needed for Connectiv to render the performances at its own expense and to provide them in due time and in their entirety to Connectiv.
As of contract conclusion, the client undertakes to disclose to Connectiv and to reconcile with Connectiv all other activities and endeavours connected with the “relocation services” implemented by itself or by the beneficiary.
The client undertakes to influence the beneficiary in such a way that the latter meets agreed deadlines or declines with appropriate advance notice.
The client undertakes to treat any information provided to it or documents made accessible to it by Connectiv in confidence, to utilise such only for own, order-related use and in particular to refrain from providing such to any rival of Connectiv.
Any transmission to third parties, which has not been explicitly permitted, shall result in an obligation to pay damages.
According to the terms and conditions agreed in these General Terms and Conditions of Business, the client undertakes to pay Connectiv in due time and in the amount of the remuneration owed.
Contract term, termination, contract ending costs
The term of the contract is stated in the offer.
Should the contract be terminated by the client, the client shall be liable for the performances and expenses already rendered and incurred by Connectiv in any case. However, Connectiv’s fee shall be paid in full in any case.
Connectiv may only terminate the contract for important cause. An important cause justifying termination shall in particular exist should the client breach its duties cited in Clause 6 and thus render infeasible or considerably aggravate the implementation of the order.
The client shall be obligated to inspect the rendered “relocation services” and immediately notify Connectiv in writing of any defects. The “relocation services” shall be deemed acknowledged should the client not have complained about the deficiency 3 working days after rendering. In the event of a notification of defect, Connectiv shall have 7 working days for subsequent improvement and to rectify the defect. Subsequent improvement shall be excluded, should the defect be attributable to incorrect specifications or information on the client’s part. Should the subsequent improvement fail twice, the client may reduce the remuneration by the amount of this contract item. The claim to remuneration for the non-defective rendering of “relocation services” shall remain unaffected.
No liability for performances and obligations other than those included in the subject matter of the contract shall exist (see Clause 2). In particular, Connectiv shall not be liable for performances and obligations by third parties that are not its proxies or vicarious agents.
Any liability for the accuracy of information determined by Connectiv and provided to the client or beneficiary shall be excluded. Should Connectiv implement oral translations of documents or information, it shall not be liable for the accuracy thereof.
In all cases Connectiv’s liability shall be restricted to intention and gross negligence. The liability for indirect, in particular, pecuniary losses, shall also be excluded in cases of slightly negligent infringement of essential contractual duties. In the event of the infringement of essential contractual duties, the liability shall be restricted to the typical foreseeable damage at the time of contract conclusion.
These restrictions of liability shall not affect any compulsory statutory liability.
Connectiv’s openings times are Monday to Friday between 8:30 and 5:30. On request, we are happy to help you outside these office hours as well.
Connectiv shall diligently comply with the data protection provisions. Connectiv undertakes to refrain from transmitting personal data relating to the client and/or beneficiary to third parties or to use it for its own purposes in any way other than stipulated in the contract without the written consent of the affected party.
Any agreements, amendments, supplements or additions to these General Terms and Conditions of Business shall explicitly require the written form. This shall also to apply to the cancellation of this written form requirement.
Should any individual clauses of these General Terms and Conditions of Business be invalid, in whole or in part, this shall not affect the effectiveness of the remaining clauses or of the remaining parts of such clauses. The ineffective clause shall be replaced by a provision equivalent to it in terms of economic success.
Place of fulfilment and jurisdiction is Basel-City. Connectiv shall, however, also be entitled to prosecute the customer at the ordinarily competent place of jurisdiction.
This contract is subject exclusively to Swiss law. The client has read and agrees to Connectiv’s General Terms and Conditions of Business.