1. Area of application

These general terms and conditions of business govern the relationships between Business Broker AG and advertisers on www.businessbroker.ch and customers. Our user notice also applies. For customers who have signed a fee agreement, if there is a contradiction between the general terms and conditions of business and the fee agreement, the fee agreement applies.

2. How an order is formed / Ready to print / Publication / Notification duties

The advertisement order occurs when the advertisement arrives in electronic form at Business Broker AG. This should be in “ready-to-print” form and is sent by the advertiser electronically when the order is placed (advertisement job).

Business Broker AG reserves the right to request changes in content before or during publication or to refuse publication without providing information about the reasons, to suspend publication or to delete or alter data from advertisers that does not satisfy the requirements. The advertiser will be informed by Business Broker AG if the content is changed; the advertiser can either accept the changes or the advertisement will be deleted.

Content that violates the law or infringes the rights of third parties shall not be accepted; also such as is not based on a specific offer, but only refers to the client’s offering in another place. The client is obligated to immediately inform Business Broker AG when the advertisement is no longer available or up-to-date. Business Broker shall then immediately remove the advertisement from the website.

3. Advertiser responsibility / Legal notice / Advertiser responsibility

Business Broker AG is not obligated to check the information and documents received from the client for the accuracy and completeness of their content. Rather, Business Broker AG is entitled to assume that the contents of the information and instructions are accurate and complete, as well as materially binding. Consequently, Business Broker AG assumes no responsibility for their content. The client is obligated to adhere to the appropriate legal provisions, directives and association rules of the industry. The client assumes responsibility for, and assures Business Broker AG, that the data, advertisements and advertising content it supplies is truthful, up-to-date, thorough and in conformity with the law and that it does not infringe the rights of third parties (e.g. copyrights) or constitute a criminal offence.

If Business Broker AG detects improper use, or is notified of unlawful content by an external body, Business Broker AG reserves the right, either before or during publication, to request changes in the content or to immediately reject, suspend or delete the content.

The client indemnifies Business Broker AG, as well as its agencies and assistants, against all claims that may be brought by third parties in connection with the data supplied by the client. If action is brought against Business Broker AG in the courts, the client is obligated, after third-party notification has taken place, to join the proceedings. In any case the client is obligated to assume all court and out-of-court costs incurred in connection with the claims of third parties. This also includes reimbursing the costs of any required legal representation.

4. No guarantee – no liability

The liability of Business Broker AG is limited to intent and gross negligence. Liability for indirect and consequential damage is excluded. Furthermore, Business Broker AG excludes any guarantee that access to this website shall proceed without interruptions or errors, that faults will be remedied or that no viruses or other harmful components will be transferred when accessing the website. Business Broker AG rejects, to the maximum extent permitted by applicable laws and/or regulations, any express, legal or implied guarantee in relation to this website, and to all results that emerge from the use of this website and its contents, namely all guarantees with regards to the customary nature, non-infringement, suitability for a specific purpose or use, as well as any guarantees derived on the basis of applicable laws and/or regulations based on business and/or commercial practices or those derived from their equivalent. Furthermore, Business Broker AG assumes no guarantee or liability in relation to the accuracy, timeliness, suitability, completeness or availability of this website or the information or results emerging from the use of this website. Under no circumstances, and on the basis of no applicable laws and/or regulations, does Business Broker AG assume liability for damages arising from non-contractual, contractual, fault-free or any other type of liability, or access or use of, or access that was obstructed to, this website or from actions or prohibitions resulting therefrom, regardless of whether the damage is direct, indirect, or incidental, consequential or indirect, of whatever type it is, including damages resulting from lost profits or demands and claims of third parties, even if Business Broker AG had the possibility to know, or had grounds to know, of such damages, demands and claims.

5. Contractual duration / Prices / Invoicing / Payment terms / Cancellation

Contracts are normally concluded for a specific duration. The duration of the contract and the price are in line with the applicable provisions at the time the order is issued, which are published on the website at the time the order is issued and include VAT, unless otherwise agreed.
 
The right to alter prices or the duration of the advertisement running time is reserved. These may be decided by Business Broker AG at any time and do not require any special form of notification. They enter into force for all advertisers at the same time. The changes can also be applied to orders underway. The advertiser, however, has the right to withdraw from the contract within two weeks of the new prices being introduced, insofar as they have been applied to its contract. In this case settlement will be made pro rata temporis. Payments are due immediately once the order is transmitted. If payment does not arrive in a timely fashion, Business Broker AG reserves the right to dissolve the contract without notice or compensation.

6. Data protection

Business Broker AG commits itself to observe the data protection regulations, but cannot comprehensively guarantee the confidentiality, integrity, authenticity and availability of personal data. The right to reveal such data to official bodies when obligated to do so is reserved, e.g. when there is a suspicion of criminal acts.

The data and content supplied by the advertiser to Business Broker AG will be saved and processed by Business Broker AG for the purpose of fulfilling the contract. The advertiser authorises Business Broker AG to integrate the advertisement into the website, including through contractual partners, or to otherwise publish or process the data for this purpose. Business Broker AG assures the advertiser that its personal data (name, address, telephone number, email address) will not be sold or passed on to third parties. However, the advertiser explicitly grants Business Broker AG the right that it may be contacted by Business Broker AG in order to provide information about services or offers of Business Broker AG or that it may be sent brochures or other informational and advertising material by Business Broker AG. Furthermore, the advertiser recognises that the data may also be accessible in countries that do not have legal regulations comparable to those of Switzerland.

7. Exclusive distribution and rights

The advertiser agrees that the advertisement shall not be freely available to third parties. It shall prohibit, in particular, the advertisements being taken over by third parties and transfers the right to Business Broker AG, using suitable means, to prohibit the use and processing of this advertisement in whatever form. All rights to programs, services, procedures, design, software, technologies, brands, companies, inventions and all materials in any way connected with Business Broker AG, lie with Business Broker AG. The advertisers alone are entitled to the rights to the texts supplied by them (e.g. brand rights, copyrights, name rights, etc.).

8. Applicable law and place of jurisdiction

The place of jurisdiction is Zürich. Swiss law shall apply exclusively, in particular the Swiss Law of Obligations. Business Broker AG may also bring suits against advertisers where their registered office or place of residence is.