Conditions for SWISSCARD AECS GmbH online services
The present conditions regulate the use of services which Swisscard AECS GmbH (“Swisscard”) provides for its merchants (“merchant”) through the Internet (“online services”). These conditions are part of the agreement between Swisscard and the merchant for the acceptance of American Express cards ("merchant agreement"). In case of any inconsistencies with the merchant agreement, the regulations of these conditions of use apply.
1. Authorisation of use
The merchant may register for the use of online services through the Internet. He is authorised to use online services as soon as Swisscard has activated all or some of the functions. Swisscard will inform the merchant about the activation.
2. Access to online services
Everyone who gets authorised during registration by entering his user identification and personal password (“authorisation features”) will get access to the online services. Swisscard can consider everyone who uses the correct authorisation features as authorised to access. The merchant may change the authorisation features accepted by Swisscard at any time. The password applies for 90 days in each case. After the expiration of validity, the merchant must create a new password for the further use of online services.
Presently, the online services include the possibility for the merchant to see, download and print ("review") his American Express accounts, submission data and payments ("payment data") through the Internet. All payment data can be reviewed for the last 365 days.
4. Sending of payment data
After the merchant has been activated for online services, Swisscard will stop sending hardcopies of the payment data. If the merchant still wants to have hardcopies of the payment data, he must explicitly inform Swisscard accordingly. Swisscard is allowed to charge a fee for the sending of hardcopies of the payment data. In case of possible inconsistencies between the hardcopy of the payment data and the electronic form of the payment data, the first applies.
5. Account hierarchies
5.1 Company account
Swisscard opens a company account for commercial customers. A company account allows for the merchant to see all payment data.
5.2 Main account
For main companies (e.g. holding companies or associated companies), Swisscard opens a main account thus authorising the main company to access all payment data of its associated companies or affiliated companies (“affiliates”) which are associated to their merchant number.
It is also possible for the main company to open a branch account for all or some of the affiliates. A branch account allows for the merchant to see the payment data of each affiliate.
5.3 Status change
The merchant is obliged to inform Swisscard at least 30 days in advance about any status change which is intended to change the authorisation/s to access to his account.
6. Due diligence
The merchant is obliged to keep all authorisation features strictly confidential und protect them against fraudulent use by unauthorised third parties. He keeps the authorisation features confidential and takes all technical and organisational measures in order to prevent fraudulent use – also third-party fraudulent use. It is particularly prohibited to record passwords or file them without protection on the terminal of the merchant. The merchant is responsible to make sure that persons who are authorised to use these online services know and observe the safety precautions. The merchant can be held liable for all impacts resulting from the use of authorisation features – also from the fraudulent use thereof.
7. Safety, exemption from liability
7.1 Despite all state-of-the-art safety precautions it is not possible to guarantee absolute safety – neither on part of Swisscard nor on part of the merchant. The merchant’s terminal is part of the system but is beyond the control of Swisscard and may thus become a weak point in the system. Despite all safety precautions Swisscard cannot specifically be held liable for the terminal because this is not possible from a technical point of view.
7.2 The merchant particularly takes note of the following risks:
- Insufficient system knowledge and inadequate safety precautions at the terminal may facilitate unauthorised access (e.g. inadequately protected storage of data on the hard disk, file transfers, screen radiation, etc.). It is the merchant’s duty to get well informed about the required safety precautions.
- No one can exclude the compilation of the merchant’s transaction characteristics by the network provider (e.g. Internet provider), i.e. the network provider can trace back when and with whom the merchant got in contact.
- There is a certain risk that during the use of online services, third parties get access to the terminal without being noticed.
- There is a certain risk that viruses are contaminating the terminal when using the network (e.g. the Internet) if the terminal gets external contact. So called virus scanners can support the merchant in his safety precautions.
- It is important that the merchant exclusively operates with software from a reliable source.
7.3 Swisscard does not arrange the technical access to your online service. This is the sole responsibility of the merchant who particularly takes note of the fact that Swisscard does not sell the safety software which is required for online services. Therefore, Swisscard does neither assume guarantee for the network provider (e.g. Internet provider) nor for the required safety software.
7.4 Swisscard does not assume guarantee for the correctness and completeness of the payment data which they have made accessible to the merchant.
7.5 Swisscard does not assume liability for damages arising for the merchant as a result of transmission errors, technical defects, overload, interruptions (including system-related maintenance work), breakdowns as well as illegal interventions and wilful jamming of telecommunications facilities and networks or due to other inadequacies on the part of the telecommunications facilities and network providers.
7.6 In case of the detection of safety risks, Swisscard reserves the right to interrupt online services for the merchant’s protection at any time until they have been repaired. Swisscard does not assume liability for possible damages arising from this interruption.
7.7 Swisscard only assumes liability for all direct or indirect damages of the merchant arising from the use of online services in case of intention or gross negligence. Swisscard does not assume liability for auxiliary persons and assistants of Swisscard.
7.8 Swisscard does neither assume liability for damages arising for the merchant from the non-fulfilment of his contractual obligations against third parties nor for indirect damages and resulting damages such as loss of profit or third-party claims.
Swisscard is entitled to block the access of the merchant and/or of one or of all of the authorised persons to individual or all services at any time without giving reasons and without prior cancellation, in case that Swisscard considers this as adequate in their sole discretion due to objective reasons. Swisscard will accordingly inform the merchant without delay. Swisscard does not assume liability for possible damages arising from this block.
9. Data security
The merchant takes notice of the fact that data are among others transported through an open network which is accessible for everyone. Thus data are regularly transmitted across borders in an uncontrolled way. This holds also true for data transmission if sender and receiver are located in Switzerland.
Although the individual data packages are transmitted in encoded form, sender and receiver remain uncoded. They can also be read by third parties. Therefore, third parties can conclude that there is a contractual relation with Swisscard.
10. Change of conditions
Swisscard reserves the right to change these conditions and the range of services at any time. Swisscard is particularly entitled to further develop, restrict or stop online services. Swisscard will inform the merchant about the change of conditions in written form or in any other appropriate form (e.g. online message). If there is no written objection, the change is considered as approved within one month from notification.
With a period of one month to the end of each month, both parties have the right to terminate the use of this service in written form. Furthermore, the licence expires automatically as soon as the termination of the merchant agreement becomes valid.
12. Reservation of legal provisions
Possible legal provisions which regulate the operation and the use of telecommunications facilities and networks are reserved and also apply for the present connection of online services from their date of activation.
Online services are provided to the merchant free of charge. Swisscard reserves the right to introduce fees for the online services or to change existing fees at any time.
The merchant accepts the preceding conditions and wants to continue with registration.