Standard Terms of Business
PUBLIbusiness24 AG, Bachmattstrasse 59, 8048 Zurich (SWITZERLAND), operates the following websites:
The trademarks (Die Roten Seiten, Les Pages Rouges, Le Pagine Rosse) are officially registered with the Intellectual Property Bureau, Bern, Switzerland. The trademark The Red Pages is officially registered with the German Patent and Trademark Office in Berlin, Germany.
1. Applicability and Coverage of these Standard Terms of Business
These STBs apply to the legal relationship between PUBLIbusiness24 AG (as Service Provider) and the persons who use its services (as Customers), including such use and the content of the services offered. These STBs cover the use and content of such offerings as SMS and MMS services, telephone services, videos, photographic services, as well as print media, mobile telephony, and Internet applications, which the Service Provider makes available to the Customers either for a fee or free of charge. The current and binding version of the STBs is published on the aforementioned Internet website and may be downloaded free of charge. These STBs are an integral part of the order forms for companies and models. Any contrary, unilateral terms and conditions issued by the Customer shall have no application, even if the Service Provider fails to object to them in a particular case.
2. Services Offered by the Service Provider
The Service Provider is the publisher and content provider for its own Internet services. The Service Provider offers the Customer the opportunity to use the various services it provides. The Service Provider has the right to change or adjust the type, scope, price, and purchase terms of the services it provides at any time and to completely block access to its services, effectively immediately, particularly in cases of payment default, suspicion of misuse, or other grounds.
3. Sending Advertisements, SMS and MMS Messages
By using any service offered by the Service Provider, the Customer authorizes the Service Provider to send advertisements, offers and information of all kinds to his mobile phone by SMS and MMS and to send him advertisements, offers and information of all kinds through direct advertising, i.e. by regular mail, e-mail, and any other means (so-called explicit OPT-IN). The sending of such SMS and MMS messages as well as the sending of advertisements, offers and information of all kinds by regular mail, e-mail, and any other means is deemed to have been explicitly approved by the Customer, but can be terminated at any time, e.g. by calling the Service Provider (OPT-OUT). Such advertisements do not constitute unwanted spam in the Customer’s opinion.
4. Obligations of the Customer
The Customer shall take suitable precautions against the misuse of its landline, Internet, and mobile phone connections by third parties. If a mobile phone is lost or stolen, the Customer shall be liable for any use of his mobile phone service until the loss of the mobile phone is reported to the telephone company. The Customer shall, upon request, inform the Service Provider of his current data, such as his name and address and any changes thereto by e-mail or in writing. The Customer shall be liable for the use of his connection, as well as for his passwords and codes. This also applies to the use of fee-based services as well as the use or misuse of his communications equipment by third parties. The Customer shall keep all contract data, such as his PIN code and other codes and passwords secret. In particular, he agrees to keep the data safe and secure and not to make it available to third parties. If the Customer disregards these protective provisions, he shall be liable for all resulting losses.
The Customer must register at the Service Provider’s Internet portal and is required to truthfully provide the data requested by the Service Provider, such as his name, address, and billing data, age, and contact data. If there is any change in this data, the Customer must update his data or notify the Service Provider of this by e-mail or in writing.
When using the Service Provider’s services, the Customer must comply with these STBs, any individual contractual agreements, and the provisions of law. In particular, the services may not be misused to plan or carry out criminal acts.
5. Entering into a Contract
A contract between the Customer and the Service Provider may come into being informally through the use of the service or may be confirmed in writing through the use of an order form. The relevant prices and the scope and content of the services can be found in these STBs and in the price lists and order forms.
If insertions are made on the Service Provider’s website, the prices on the current order forms shall apply. The prices for all the services offered by the Service Provider are listed in its advertisements. In general, prices do not include the value-added tax. For telephony services, the prices are announced before fees start to be charged, if they are required to be announced at all. For SMS and MMS services, the Customer is informed of the price by SMS. Changes to the Service Provider’s prices and discounts shall be announced to the Customer in due time. If prices are changed, the Customer is entitled to terminate the contract with the Service Provider as of the date on which the new prices take effect. The right of termination shall expire if the new prices take effect with no express notice of termination from the Customer. Changes in taxes or other fiscal charges and fees (e.g. rate changes by the telephone companies, VAT) shall entitle the Service Provider to adjust its prices without prior notice. In such cases, the Customer has no right of termination.
7. Payment Terms, Default, and Suspension of Service
The Customer agrees to pay the Service Provider’s prices, or the invoice amount, in advance no later than the due date stated on the invoice. If invoice amounts are minimal, the Service Provider shall be entitled to delay invoicing until additional services have been used. If the Customer fails to meet his payment obligation within the payment period, he shall be in default at the expiration of the payment period without the need for a separate warning and must pay additional default interest of 5% per annum. When the Service Provider sends a warning to the Customer, it shall be entitled to charge an administrative fee of CHF 15, EUR 12.50, or GBP 10.00 per warning. If the Customer defaults on payment, he shall be billed for all services, and the fees for all services and all unpaid invoices shall automatically fall due and payable immediately. In addition, the Service Provider shall be entitled to immediately and completely block or suspend all services to the Customer without further notice and is not required to provide any services as long as the Customer fails to pay.
If there is good cause (e.g. unlawful use), the Service Provider shall have the right to block or suspend some or all services at any time and/or to terminate the relevant contracts with the Customer, effective immediately. This applies, in particular, if there are indications that the Customer will not pay the prices for the services in accordance with the contract or if there are doubts about the Customer’s ability and/or willingness to pay. If access is barred prematurely or the contract is terminated due to misuse, the Customer shall have no right to a pro rata refund.
8. Use of Content
The Customer may only use the content provided to him as well as the advertising space, programs, live services, recorded services, Internet applications, and flirting, contact and dating applications released to him and all other services provided by the Service Provider for his own purposes. Content may not be made available to third parties for a fee or free of charge.
9. Intellectual Property Rights/Copyrights/Data Protection
The Service Provider claims exclusive, worldwide intellectual property and ownership rights to all the publications and content on the Service Provider’s Internet portal, referred to above, with no limitation as to time and subject matter. In particular, the Service Provider or the licensor, which granted the right of use to the Service Provider, shall be irrevocably and exclusively entitled to all intellectual property rights to such published content, and the Customer acknowledges this. To the extent legally possible, the Customer hereby assigns all rights (ownership and intellectual property rights) to all his publications on the website (uploads) to the Service Provider, free of charge and without any conditions or reservations, effective as of the publication date. The Customer shall be permitted to download, store, and run unmodified programs and content for his own purposes. All other application or use, particularly the disclosure of such content to third parties, including all commercial use of the content is prohibited and requires the prior, written consent of the Service Provider.
Any other use of copyright-protected content shall require the prior, written consent of the Service Provider. This includes but is not limited to:
- copying content to additional data carriers, and
- creating systematic collections.
Any violation of the aforementioned provisions shall entitle the Service Provider to terminate all contracts entered into with the Customer for good cause. In addition, the Service Provider can demand that the Customer eliminate the unlawful condition. Independently of this, the Service Provider can also demand compensatory damages.
10. Liability and Warranty
The Customer warrants that all the publications and content he places on the Service Provider’s online Internet portal are legal and that he is entitled to publish them. If the Customer infringes any license rights or other rights of third parties and if claims are asserted against the Service Provider on this account, the Customer shall fully indemnify the Service Provider. In the event of litigation, the Service Provider can implead the Customer.
The Service Provider assumes no liability for the Customer’s publications and content and for links to other Internet portals and content. Nor does the Service Provider provide any guarantee for its services, i.e. for successful personal contact or for the Customer’s offers. It cannot be ruled out that many advertisers will live abroad and use a pseudonym for their own protection. It is also recommended that the Service Provider’s Customers use pseudonyms for their own protection.
To the extent legally permissible, the Service Provider disclaims all liabilities and warranties to the Customer. This disclaimer includes but is not limited to:
- the truthfulness of the advertisements (texts/photos) that Customers – whether they be private persons, companies, or others – publish in the Service Provider’s magazines, brochures, supplements, writings, Internet and or other media,
- all third-party information accessible via links,
- damage to the Customer’s hardware and/or software that could be due to the Service Provider’s or its licensors’ programs, and
- the Customer’s anonymity.
Anyone who publishes advertisements on the websites or magazines of the Service Provider or its contract partners/agents or responds to such advertisements shall comply with the following laws and other provisions:
- Data Protection Act (DSG)
- Telecommunications Act (FMG)
- Price Disclosure Regulation (PBV)
- Code of Obligations (OR)
- and the Criminal Code (StGB)
The following actions, in particular, are unlawful:
- depictions of violence (Art. 135 of the StGB)
- inciting violence (Art. 259 of the StGB)
- racial discrimination (Art. 261bis of the StGB)
- illegal gambling within the meaning of the Gaming Act and the Lottery Act
- offering pornographic services within the meaning of Art. 197 Secs. 3 and 3bis of the StGB (so-called hard pornography/scatological pornography).
Such content may not be made available to adults who demand content that is per se prohibited. The publication of photos, depictions, sequences of images, illustrations, sketches, drawings, comics, animations, trailers, videos, video clips, teasers, texts, advertisements, posters, banners, links, SMS messages, MMS messages, e-mail messages, attachments, and representations or texts that refer to or show sex acts with children or animals, human excretion, or acts of violence is strictly forbidden.
Due to the restrictions imposed on the Service Provider by the Swiss Data Protection Act (DSG) and the Federal Constitution (BV), the Service Provider cannot assume any liability if improperly acting providers advertise prohibited content in the Service Provider’s publications. If the Service Provider determines that unlawful information is being provided, it shall be entitled to bar the guilty Customer from any further use of its services without notice. If the Service Provider determines that Customers are offering or providing illegal content to consumers, the Service Provider shall be entitled to file a criminal complaint and bar the persons responsible for the abuse from any further business relationship. The Service Provider shall take the same action if Customers violate the provisions governing the age of consent.
If there is any violation, the guilty party shall bear all legal and financial consequences and shall fully indemnify the other parties and hold them harmless.
11. Data Protection
The Service Provider shall take all technically possible and reasonable measures to protect the data stored with it. If, nevertheless, a third party succeeds in taking control of data stored with or on behalf of the Service Provider in an unlawful manner or in accessing or using such data, the Service Provider shall have no liability.
When the Customer registers, data is stored in order to set up and manage his accounts. In addition, data can be stored by the Service Provider and third-party suppliers when the Customer uses the services being offered.
The Service Provider uses Customer data to provide services in conformity with the contract and the law, to cultivate a relationship with the Customer, and to make offers. The Customer hereby consents to the storage and use of his data by the Service Provider. The Customer can prohibit the use and processing of his data for marketing purposes at any time by sending appropriate written notification, including his customer number, to the Service Provider by registered mail. If the Service Provider provides services to Customers in Switzerland or abroad, in combination with or through third parties, it shall be entitled to make the customer data of which it is aware available. It should be pointed out that the storage, processing, and disclosure of personal data abroad may be subject to laws that differ from those in Switzerland. The Service Provider can use Customer data to assert and enforce claims against Customers.
The Service Provider operates a customer support department (call centre with hotline). Telephone conversations, e-mails, and SMSs may be recorded to guarantee customer satisfaction and properly process customer concerns. The user expressly consents to this.
12. Prohibition of Set-Offs
The Customer shall have no right to set off its own claims against claims of the Service Provider that are due or outstanding.
13. Service Outages
The Service Provider shall provide the offered services with the greatest degree of care, dependability, and availability possible. The Service Provider makes no guarantee that the services will be available without interruption, that the desired connections can be made at all times, or that stored data will remain available under all circumstances.
If the provision of services by the Service Provider is made impossible or unreasonable by instances of force majeure, such as natural forces, natural catastrophe, measures ordered by the government, measures taken in labour disputes (including disputes in third companies involved in providing services), loss of a means of transportation or energy, terrorist attacks, war, civil war, other armed conflicts, lock-outs, supply shortages, attacks on the Service Provider’s technical infrastructure via the Internet, or other unforeseeable circumstances, or if the provision of services is disrupted, impaired, impeded, delayed, or made impossible by the loss of third-party services or the failure of the Service Provider’s hardware or software or that of its contract partners, the Service Provider’s obligation to provide services shall be suspended. The outage shall not entitle the Customer to seek compensatory damages or to assert other claims against the Service Provider.
14. Jurisdiction and Applicable Law
The regular courts where the Service Provider has its company headquarters shall have exclusive jurisdiction over all disputes arising from this legal relationship – subject to any other mandatory jurisdiction.
Swiss substantive law shall exclusively apply to the legal relationship between the Service Provider and the Customer and to the resulting rights and obligations, excluding the referral of any case to a different court based on international private law.