Terms of Service

Contract for receivables management

1. Oktober 2019

between the user and

Intarium Forderungsmanagement GmbH
Freiestrasse 27
8610 Uster

1. Conclusion of the contract

The contract is concluded when the customer agrees to these terms and conditions electronically, by letter or by mail and Intarium Forderungsmanagement GmbH confirms the conclusion of the contract electronically, in writing or by e-mail.

2. Contract purpose

Intarium Forderungsmanagement GmbH and the customer conclude a collection contract for the collection of claims due for the duration of the business relationship.

The customer is entitled to transfer an unlimited number of mandates to Intarium Forderungsmanagement GmbH during the term of the contract. In these cases, Intarium Forderungsmanagement GmbH invoices the customer and asserts the outstanding balance.

The customer hereby authorizes Intarium Forderungsmanagement GmbH to undertake all steps and legal acts necessary for the collection of the individual claims.
Intarium Forderungsmanagement GmbH is also authorized to:

§ to represent the customer before authorities
§ to conclude comparisons
§ to carry out all necessary debt collection actions (including bankruptcy petitions)
§ to collect payments.

Should special services of the Intarium Forderungsmanagement GmbH become necessary, which are not mentioned in this contract and cause additional fees, Intarium Forderungsmanagement GmbH is obliged to inform the customer in advance and to obtain his consent.

If it proves necessary to involve a lawyer, the customer must be informed in advance and agree. The lawyer fees are paid by the customer separately and independently of the fees due to Intarium Forderungsmanagement GmbH.

The lawyer entrusted with a mandate acts in the name as well as at the instruction and instruction of the client. In this case, Intarium Forderungsmanagement GmbH remains the customer's authorized representative for the collection of the claim and represents it to the lawyer.

3. Liability

Intarium Forderungsmanagement GmbH limits its liability according to Art. 100 OR to gross negligence and intent.
Intarium Forderungsmanagement GmbH is not liable for damages resulting from actions or omissions of its agents or third parties.
Die Intarium Forderungsmanagement GmbH verpflichtet sich, Daten und Unterlagen, die ihr vom Kunden überlassen werden, sorgfältig zu behandeln und die Regeln des Datenschutzes und der Datensicherung zu berücksichtigen. Von der Haftung ausgeschlossen sind Mängel, Störungen und Datenverluste, die durch Handlungen Dritter entstehen.
Der Kunde sollte eine Sicherheitskopie der der Intarium Forderungsmanagement GmbH überlassenen Daten behalten. Die Intarium Forderungsmanagement GmbH haftet im Prinzip nicht für verloren gegangene Daten. Wenn aber der Verlust durch Grobfahrlässigkeit oder Absicht von Angestellten oder freier Mitarbeiter entstanden ist, verpflichtet sich die Intarium Forderungsmanagement GmbH, die Daten wenn möglich wieder zu beschaffen oder Schadensersatz zu bezahlen.
Intarium Forderungsmanagement GmbH undertakes to maintain secrecy with regard to the customer's information and data and ensures that this is also observed by employees, freelancers or other third parties, insofar as the information of third parties is not necessary for the execution of the order.
The confidentiality obligation shall also apply after the conclusion of a mandate and after termination of the contractual relationship.

4. Fees

The customer undertakes to pay the annual contract fee of CHF 0 in advance. In addition, there are fees for the individual mandates in accordance with the following agreements:
The fees owed by the client are calculated for each mandate in accordance with the following graduated rates and are payable within 30 days.

Tariff A

This tariff is only applied to mandates where the total claim is paid in full following reminders from Intarium Forderungsmanagement GmbH. The fee is:
§ 1.97 % of all receivables

Tariff B

In the case of loss certificate claims, the fee is 30% of the amount collected, but at least CHF 100. The customer owes the latter amount even if the debtor has not paid at all.

Tariff A fees are calculated on the basis of the amount actually paid by the debtor.
Intarium Forderungsmanagement GmbH shall also be entitled to the fees if the debtor made payment directly to the customer or to a third party.

The customer shall reimburse Intarium Forderungsmanagement GmbH for its expenses. Intarium Forderungsmanagement GmbH invoices this monthly. This invoice must be paid within 14 days.

Intarium Forderungsmanagement GmbH reserves the right to change the contract fee and the tariffs in the event of an increase in costs, which will be communicated to the customer.
If the customer does not reject the new tariffs in writing or by e-mail within 30 days, the new tariffs apply. Otherwise the contract will not be changed.

If the customer rejects the new tariffs, this contract ends at the end of the year in which the increase was notified to the customer.

If special services result in additional costs compared to the fees and compensation agreed in this contract, Intarium Forderungsmanagement GmbH will obtain the prior consent of the customer, who may have to make an advance payment.

5. Obligations of the customer

If the customer has given Intarium Forderungsmanagement GmbH a mandate, the following provisions shall apply with regard to this mandate:

§ Intarium Forderungsmanagement GmbH is to be notified immediately and unsolicited of any payment or partial payment made by the debtor by e-mail.
In the event of failure to do so, all expenses incurred by Intarium Forderungsmanagement GmbH as a result of failure to notify the customer of a payment will be charged to the customer.

§ If the customer withdraws a collection mandate before receipt of payment, Intarium Forderungsmanagement GmbH shall charge its fee in accordance with Clause 4 according to Tariffs A, B and C in relation to the total amount of the claim.

§ If the customer gives the debtor a credit note, accepts returned goods etc. and the incoming payment is thus reduced, Intarium Forderungsmanagement GmbH's fee claim shall nevertheless be based on the original amount of the claim.

6. Termination of the contract

The present contract can be terminated by both parties with a notice period of 3 months.
The provisions of this contract are valid for all mandates handed over to Intarium Forderungsmanagement GmbH until their completion, even if the contract has been terminated in the meantime. The revocation of all open mandates remains reserved.

After termination of the contractual relationship, Intarium Forderungsmanagement GmbH must return all documents and data carriers to the customer and, if necessary, destroy any data stored on its own software, unless there is a legal obligation to retain such data.

7. Jurisdiction

For all disputes arising from this contract, the customer acknowledges that the place of jurisdiction is the registered office of Intarium Forderungsmanagement GmbH.