General Terms and Conditions (GTC)
These General Terms and Conditions (GTC) govern the contractual relationship between EAMT GmbH, Brügglistrasse 7a, 8852 Altendorf (hereinafter "EAMT"), and users of the website and service platform "eAmt" (hereinafter collectively referred to as "Users" and the "Platform"). These GTC apply to every use of the Platform and to all services offered by EAMT in connection with the Platform, subject to an explicit separate agreement.
EAMT offers the digital procurement of extracts, confirmations, forms, and other documents (hereinafter collectively referred to as the "Documents"). EAMT does not create any of these Documents but enables users to obtain them in digital or electronic form and/or, where necessary, in paper form. EAMT acts on behalf and in the interest of the users.
2. Contractual Relationship
The contractual relationship between EAMT and individual users is established:
- through the registration for a user account; or
- by placing an order, if no registration for a user account is made.
The contractual relationship between EAMT and individual users automatically terminates with the deletion of the user account or the delivery of the ordered Documents, if no user account exists. The contractual relationship can also be terminated at any time with immediate effect by sending an email to firstname.lastname@example.org (confirmation of receipt required).
3. Services by EAMT
3.1 Services in Genera
The Platform is exclusively available to natural and legal persons with residence or domicile in Switzerland.
EAMT operates the Platform on an "as-is" basis. Users have no entitlement to use the Platform or specific functionalities, a specific design, specific content, or a specific scope of services. EAMT cannot guarantee a specific availability of the Platform. Data backup is the responsibility of the users.
EAMT does not create Documents. EAMT is entitled to make changes to the Platform at any time without prior notice and without stating reasons. In particular, EAMT may change, restrict, expand, and/or interrupt functionalities, design, content, or the scope of services of the Platform at its sole discretion, in whole or in part.
EAMT endeavors to execute orders as quickly as possible. Users have no entitlement to the delivery of ordered Documents within a specific timeframe. Orders, including multiple orders, are binding, and there is no right of withdrawal. Electronically signed PDF documents, such as debt collection register extracts, can be shared by users as often as they wish.
EAMT collaborates with the Swiss company CRIF AG. Users agree that all data regarding their orders may be transmitted to CRIF AG, especially for the purpose of ordering certificates. CRIF AG is authorized to contact users in connection with orders and for further services. CRIF AG is also authorized to use data from orders in the context of its activities as a credit reporting agency.
3.2 Specific Paid Services
EAMT may provide additional contractual agreements for paid services. In case of discrepancies with these GTC, the additional contractual agreements take precedence.
3.3 Rejections and Refunds
Debt collection offices may reject orders, especially for the following reasons:
- Incorrect personal information (first name and last name not matching the ID details)
- Address without corresponding official registration
- Temporary residence address instead of the main residence address
- Significant difference between the signature provided and the signature on the ID
- Invalid or expired ID
The rejection, possibly with an appealable decision including instructions for legal remedies from the respective debt collection office, leads to official rejection fees. The rejection fees, in addition to a flat processing fee of CHF 6.00, will be charged in full to the respective users. In the case of a rejection, the original order is considered fulfilled.
A flat processing fee of CHF 6.00 will be charged for refunds.
Users agree that EAMT may send them a newsletter with its own similar offers by email. The newsletter can be unsubscribed from at any time with each email.
4. Invoice Purchase with Partial Payment Option (POWERPAY)
MF Group offers the payment method "Purchase on Invoice" as an external payment service provider with POWERPAY. Users can easily settle their orders via bank transfer with individual invoices. Users who choose to defer payment within the specified time frame will receive a monthly invoice with an order overview in the following month. For orders with the payment method "Purchase on Invoice," MF Group assumes the invoice claim and handles the corresponding payment arrangements. In addition to these GTC, users accepting "Purchase on Invoice" also accept POWERPAY's GTC, available at powerpay.ch/de/agb.
5. Ownership and Usage Rights
All rights related to the Platform, including rights to companies, know-how, trademarks, and software, as well as all information directly or indirectly available in connection with the Platform, belong exclusively to EAMT and/or authorized third parties, such as licensors and partners of EAMT. Users do not become owners of any rights related to the Platform, unless such rights are expressly granted.
5.2 Usage Rights
When placing an order, users give EAMT the mandate and power of attorney to carry out a legal transaction on their behalf, for example to request an extract from the debt collection register or other documents on their behalf. The individual order is always relevant, even independently of an existing user account.
EAMT is entitled at any time, without prior notice and without giving reasons, to exclude users from use or to block or delete user accounts, in particular if there is suspicion that a user has used or will use the platform in an abusive, immoral, unauthorised or illegal manner or in breach of these GTC. In particular, the use of a user account by a person who has not registered the user account shall be deemed to be misuse.
6. User Responsibilities
Users are obliged to keep their access data for their user accounts confidential and protect them from unauthorized access.
Users are obliged to provide only accurate and complete information.
Users are obliged to promptly report all violations of these GTC to EAMT. In particular, users are obliged to report any unauthorized use of their user accounts to EAMT.
Users are obliged to ensure, at their own expense, that they have the technical requirements for using the Platform. EAMT cannot guarantee that the Platform is available with older browsers and other older technology.
7. Warranty, Liability, and Indemnification
EAMT does not provide any warranty, guarantee, or representations in connection with the Platform and its use, including but not limited to the timeliness, accuracy, or completeness of information, service quality, or availability. The use of the Platform is at the sole risk and responsibility of users.
EAMT assumes no liability for the timeliness, accuracy, or completeness of Documents and the information contained therein.
EAMT disclaims all liability for any direct or indirect damages related to the Platform. The disclaimer of liability applies in particular to damages resulting from the deletion or loss of data, abusive, immoral, unauthorized, or unlawful use of the Platform, use in violation of these GTC, or unauthorized access to a user account. This disclaimer of liability does not apply to damages caused by intentional or gross negligence on the part of EAMT. Liability for auxiliary persons is fully excluded.
EAMT specifically disclaims any liability for the delayed delivery of documents, such as debt collection register extracts, and does not reimburse any costs in this regard. Typically, the delivery of a debt collection register extract takes one to three business days (subject to weekends, holidays, and the opening hours of the relevant debt collection office). EAMT assumes no liability for reminder fees if a debt collection office unusually sends an invoice to a user instead of EAMT. If a user receives an invoice for the creation of a debt collection register extract from a debt collection office despite EAMT's due diligence, we kindly ask the user to promptly forward this invoice to email@example.com.
Users are obligated to indemnify EAMT in full if EAMT is held liable by third parties for damages arising directly or indirectly from the use of the Platform. This indemnification obligation exists irrespective of fault.
8. Final Provisions
EAMT is entitled to amend these GTC at any time. The currently valid version of the GTC is available on the Platform. By placing orders, users accept the currently applicable GTC.
The place of jurisdiction for all disputes related to the Platform or the contractual relationship between EAMT and users is exclusively at the registered office of EAMT. EAMT reserves the right to bring legal action against users at any other permissible place of jurisdiction. The contractual relationship between EAMT and users is governed exclusively by Swiss law.