General Terms and Conditions

General Terms and Conditions

  1. The present General Terms and Conditions which constitute an integral part of the service agreement govern the principles applicable to the use of services offered by RedTape which are specified in the service agreement concluded by the parties hereto.
  2. The present General Terms and Conditions can be consulted on www.red-tape.com. In case of electronic registration, the client must click on the relevant button to accept these General Terms and Conditions which become then legally binding. In case of physical registration process, the client must sign the present General Terms and Conditions.
  3. The client agrees to pay to RedTape the price as determined in the service agreement.
  4. The client agrees to pay the bill sent by RedTape within 20 days of the bills sending date. He acknowledges that in case of delay he owes RedTape, in addition to the capital, a default interest of 5% a year, according to articles 102 and ff. CO. Further, if the bill remains unpaid after one reminder, RedTape may block access to Online Private Office without any notice as long as the open bill has not been paid in full.
  5. The provisions for termination of the service agreement are fixed in the service agreement.
  6. RedTape cannot receive parcels, cash on delivery items, personal delivery items, debt collection documents, taxable consignments and postage due consignments, outpayment orders and court documents. The client authorises RedTape to return such items. Simultaneously, RedTape informs the client about such return.
  7. Documents and information stored electronically in the Online Private Office of the client are considered to be delivered by RedTape when they arrive in the Online Private Office of the client.
  8. Acknowledging as well as safekeeping and saving of consignments received by the client in the Online Private Office are the sole responsibility of the client.
  9. At the beginning of contractual relationship, the client delivers RedTape a document containing his usual personal signature to be scanned and stored by RedTape. The latter can use the said scan for any correspondence sent in the name of the client, after having got the agreement of the client before each use.
  10. The client acknowledges that, in general, consignments sent by third parties to RedTape for his account are considered, for legal duties, as being received by the client the day when RedTape received it, and not the day when he read it in his Online Private Office.
  11. RedTape is authorized to destroy and eliminate any physical items it has received for the account of the client 30 days after their processing and storage in the Online Private Office of the client.
  12. The client may register third parties as users of his Private Online Office. The client is liable for all third party users in his account as he is for his own actions.
  13. Whoever has successfully logged in to use the Private Online Office and the services based on it, is considered by RedTape to have permission for use and may view all available data and information and make use of all offered services. The actions of the logged in person are allocated to the registered client.
  14. The client accepts that legal effects may be associated with the delivery and receipt of consignments. He acknowledges that the legal effects are determined in accordance with legislation and court practice. It is therefore outside of the discretion of RedTape. It is the own responsibility of the client to understand the legal effects of the content of consignments received in his Online Private Office, or, should this not be the case, to inform RedTape immediately.
  15. RedTape operates its services exclusively from a server located in Switzerland.
  16. RedTape will correct technical problems as quickly as possible. It will inform the client of disruptions of service that are necessary for remedying defects, undertaking service work, introducing new technology, etc. It will make every effort to minimize the duration of such disruptions and, wherever possible, will time them for periods when there is little internet traffic.
  17. The client will inform RedTape as quickly as possible of any breakdown or disruptions of the system. He will have to bear the costs of such disruptions if the cause of the disruption is due to defects or mistakes in the equipment he is using.
  18. RedTape accepts no liability to the client or third parties for non-fulfilment or faulty performance of the agreement, provided this is not intentional or due to gross negligence. In particular, RedTape accepts no guarantee for uninterrupted service, for service at a particular time or for the authenticity and integrity of the data and information stored or transmitted via its system or the internet. Likewise, liability is excluded for accidental disclosure or damage to or deletion of data and information which are sent and received via its system or stored there.
  19. RedTape is authorized at all times to temporarily or permanently block the clients access to the Online Private Office if there is specific evidence that the client is breaking applicable law or the obligations under the service agreement and the present General Terms and Conditions.
  20. The client will be informed of the block and any lifting of the block by email. In the event of an orderly termination, the client has the option to store the consignments saved by downloading them to his own systems before the final deactivation of the account.
  21. In case of a block, RedTape is authorized to make the release of the saved data dependent on the payment of open bills, in particular. After lifting a block, the consignments saved before the block become available again without restriction. If the block is followed by a termination, RedTape may grant the client, at his request, the opportunity to secure within 60 days the consignments saved by downloading them to his own systems before the final deactivation.
  22. After final deactivation of the Online Private Office, the client authorises RedTape to delete all data permanently and destroy all physical items. However, at the request of the client during the 60 days before final deactivation, RedTape may send by post mail the physical items to an address indicated by the client.
  23. RedTape shall observe Swiss data protection legislations while handling data in the framework of the service agreement.
  24. The client agrees not to infringe any legal or contractual obligation while using services provided by RedTape.
  25. When subscribing to Online Private Office, the client is obligated to inform RedTape immediately and by written about changes of his or her name, address, place of residence and any other further contact and correspondence information as well as his or her nationality. Furthermore, the client shall take all reasonable measures to remain reachable wire the provided contact information.
  26. The service agreement may not be modified or terminated except by a written agreement signed by the parties hereto.
  27. RedTape may amend the present General Terms and Conditions at any time. The client will be informed of the amendments in writing or in another suitable manner. The amendments are considered to be accepted if the client does not object in writing within one month. An objection is equivalent to termination of the agreement and leads automatically to its cancellation after a further month and to the immediate deletion of all content and information and any of the client’s accounts and addresses.
  28. In the event that any provision of the service agreement, or any portion thereof, shall be held, invalid illegal or unenforceable under applicable law, the remainder of the service agreement shall remain valid and enforceable.
  29. The service agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted heirs, successors and assigns.
  30. The rights, duties and obligations under the service agreement shall not be assignable by either party without the prior written consent of the other party.
  31. These General Terms and Conditions are produced in French and English. In the event of discrepancies, the French version is authoritative.
  32. The service agreement shall be governed by Swiss law.
  33. Any dispute arising out of or in relation with the service agreement shall be submitted to the Courts of Geneva, Switzerland.

 

Chemin du Pré-Fleuri 3 — CH-1228 Plan-les-Ouates Geneva — switzerland
+41 (0) 22 552 11 70info@red-tape.ch