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General Terms and Conditions for IncaMail
1. Area of application
These General Terms and Conditions (GTC) regulate the relationship between the Customer (hereinafter referred to as the Customer) and the Swiss Post (hereinafter referred to as the Post) for the use of the IncaMail platform and the services based on it (hereinafter referred to as IncaMail).
2. Participation and user requirements
2.1Â Registration
To use IncaMail, the Customer must register online with his e-mail address and a password (password login) or with a valid digital certificate recognized and allowed by the platform (certificate login).
These GTC must be accepted expressly by the Customer by clicking the appropriate button during the registration process. They become an integral part of the agreement and are published at www.incamail.ch.
The Customer guarantees that he has provided only truthful information when registering. If any of the information provided changes, the Customer shall update this immediately.
2.2Â Validity of the certificates
The Post checks the validity of every certificate used online for each certificate login. No response from the certificate issuer means that the certificate is invalid. The Customer cannot do a certificate login with a certificate that has been declared invalid or with an expired certificate.
3. Description of services
3.1Â General information
IncaMail enables the encrypted sending of electronic messages. The Customer may have the sending and pickup of his messages confirmed by the platform. Depending on the method of sending selected, the Customer receives a digitally signed electronic receipt from the Post.
The Customer is responsible for saving messages and receipts on his system as possible evidence for proof that the content and the actual message exchange can be reconstructed if necessary. The Post recommends saving documents in a pdf format. The Customer is responsible for attaching a digital signature to messages and/or related attachments if desired or required.
3.2Â IncaMail functions
The IncaMail service offering (such as the various sending methods and their special characteristics) is described in the latest dated version of the Post brochures as well as at www.incamail.ch. Certain message exchange options are only available to Customers who use a certificate login.
3.3Â Delivery of electronic messages
No identification of the Customer by the Post will take place other than a password or certificate login.
When the first exchange of messages takes place between a sender and a recipient, the recipient of the message establishes his legitimacy with a PIN at the discretion of the sender. The identification of the recipient and the transmission of the PIN is up to the sender. The Post delivers messages to the e-mail address selected by the sender without further clarification.
Messages are delivered seven days a week.
3.4Â Deleting messages, receipts and pickup periods
All messages (sent or received messages and drafts) as well receipts are available on the IncaMail platform for 30 days. After 30 days, they will be deleted on the platform and thus are no longer available there.
For certain sending methods, the pickup period for messages is 7 days. After 7 days, these messages are automatically withdrawn and the recipient can no longer access them if they are not picked up. Both the sender and the recipient receive a message saying this.
When calculating pickup periods and availability, every day is counted, including Saturdays, Sundays and holidays.
3.5Â Loss of a password
When it is necessary to reset a password after it was lost by the Customer, all messages (sent or received messages and drafts) and receipts in the Customer’s mailbox on the platform are deleted. By correctly answering a security question, the Customer has the possibility to retrieve his contacts and (from the beginning of 2009) his messages and receipts subject to the deletion provisions in section 3.4.
4. Obligations of the Customer
The Customer shall undertake not to violate any contractual or legal requirements and, in particular, not to send any messages with illegal content, viruses or spam when using IncaMail. The Customer is responsible for the careful safekeeping, the orderly use and the quality of his password and his certificate. He shall change his password or revoke his certificate immediately if he knows or suspects that an unauthorized party could have knowledge or access to it.
5. Prices and methods of payment
5.1Â Prices
The use of IncaMail is subject to a charge. The prevailing prices and pricing models published at www.incamail.ch apply.
Prepaid fees will not be refunded to the Customer when the Customer terminates the agreement by giving notice. Customer credit balances do not earn interest.
5.2Â Invoicing
Invoices are to be paid net 30 days into the account indicated on the invoice.
If an invoice remains unpaid after the second reminder, the utilization of cost-related services may be blocked to the Customer without prior information until the invoice has been paid in full.
5.3Â Interest on arrears and handling charges
If the payment deadline is missed and if an additional late-payment notice must be sent, the Customer shall be charged a flat fee of CHF 50.00 for the second notice and each additional notice of past due amounts. The right is reserved to charge for additional expenses, especially official collection and court costs.
If the Customer is behind in the payment of a monetary amount, he shall owe interest on the arrears of seven percent (7%) per year besides all other costs.
5.4Â Settlements
The Customer may not offset charges due to the Post against possible counterclaims.
6. Termination
6.1Â Orderly termination
The Customer or the Post may terminate the use of IncaMail at any time by giving notice of termination 10 days before the end of a month. Notice of termination may be given in writing or via IncaMail.
6.2Â Extraordinary termination
In case of repeated violations of contractual obligations by the Customer despite written reminders from the Post as well as for other important reasons, the contractual relationship may be terminated with immediate effect at any time.
6.3Â Termination as the result of non-use
If an IncaMail account is not used for one year, the Post has the right to terminate the use of IncaMail by giving notice of termination 30 days before the end of a month. Any possible credit balance will not be refunded to the Customer. The termination will be voided if the Customer begins to use IncaMail again within the termination notice period.
6.4Â Effective termination
After the expiration of the termination notice period, access to the IncaMail account will cease. The Customer is therefore responsible for downloading messages (sent or received messages and drafts) and receipts in a timely manner before the end of the termination notice period.
The Customer is encouraged to stop sending messages via IncaMail in a timely manner before the end of the termination notice period. This will ensure that he is able to download all of the receipts for previously sent messages during the termination notice period.
7. Legal validity of electronically transmitted messages
Establishing the legal validity of messages sent and received via IncaMail is provided for in legislation and the legal practice and precedence of the courts. The use of IncaMail, in particular for the purpose of keeping deadlines as well, is therefore entirely at the risk of the Customer. The Customer must clarify, especially when corresponding with the courts and authorities, whether electronic business correspondence is permitted and which preconditions must be met. When establishing deadlines, the Customer must be particularly aware that delays can occur in the transmission of electronic data.
8. Reservations for foreign law
The legal validity described in these GTC are based on Swiss law.
The Customer shall note that the exchange of (qualified) signed and/or encrypted data outside Switzerland are subject to foreign law, and therefore deviating, in some cases, more extensive or less extensive effects as could be the case under Swiss law. The exchange of encrypted messages is also subject to legal restrictions in some foreign countries. The clarification of these circumstances is the Customer’s responsibility.
9. Availability of IncaMail
The Post ensures high availability of the IncaMail platform but cannot guarantee a certain level of availability. It is therefore exclusively the Customer’s responsibility to send and pickup messages on time so that any possible deadlines can be met even if there is a system interruption.
Minor maintenance work can be carried out without prior notice outside of normal office hours daily. Normal office hours are considered to be Monday through Friday from 8 am to 5 pm.
10. Liability
The Post shall not be held liable for slight negligence. The Post shall also not be liable for the orderly function of third-party systems, in particular the Internet or the client software used by the Customer.
In the event of a loss to the Customer, the maximum reimbursement shall be for the price that had to be paid for sending the interrupted or damaged message in accordance with the pricelist.
The Post shall not be liable for damages resulting to the Customer or third parties through the content of a message, in particular viruses.
The Customer shall be held liable for damages resulting to the Post or third parties attributable to the improper use (in violation of this agreement or the law) of IncaMail or the content of electronic messages. If a third party files a claim against the Post directly, the Customer shall undertake to compensate the Post in full. The Post shall inform the Customer immediately if such a claim is filed.
11. Involvement of third parties
The Post may engage third parties to provide its services at any time.
12. Data protection
The Post and the third parties engaged by the Post shall comply with Swiss data protection laws for the processing of information.
13. Amendments to the General Terms and Conditions
The Post reserves the right to amend these General Terms and Conditions at any time. Amended General Terms and Conditions will be sent to the Customer and published on www.incamail.ch. The amended General Terms and Conditions published on www.incamail.ch shall take effect if the Customer does not terminate the use of IncaMail in compliance with the termination deadline.
14. Salvatory clause
Should any clause in this agreement be invalid or illegal, this shall not affect the validity or legality of the remaining clauses or the agreement as a whole. The clause in question shall be replaced by a valid clause that comes as close as possible to the intentions of the original clause.
15. Jurisdiction
The place of jurisdiction is Bern.
For disputes arising from consumer agreements, the courts at the place of residence or the registered office of one of the parties shall be responsible for claims brought by the Customer, and the courts at the place of residence of the defendant shall be responsible for claims brought by the Post. Consumer agreements are agreements, which are intended for the personal or familial needs of the Customer.
For Customers domiciled abroad, Bern shall be the place of debt collection and the place of jurisdiction for all proceedings.
16. Applicable law
Swiss law applies to this contractual relationship exclusively.
17. IncaMail contact address
The Swiss Post
IncaMail
Postfach 2634
6002 Luzern
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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© The Swiss Post, 23 September 2008 (V1.0)
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