1. Application of the General Terms and Conditions

1.1 SWISSTRADE SOLUTIONS Sàrl (a registered limited liability company) provides its services exclusively on the basis of these Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply systematically to all customer orders received by SWISSTRADE SOLUTIONS Sàrl.

SWISSTRADE SOLUTIONS Sàrl expressly declares that it does not recognise the customer’s conditions of sale, which may exist and differ.

2. Preparing the contract

2.1 The conditions submitted by SWISSTRADE SOLUTIONS Sàrl to the customer before the latter places their (electronic) order have the legal character of an invitation to propose a contract.

2.2 The contract is established at the corresponding prices and conditions (see 2.1) as soon as SWISSTRADE SOLUTIONS Sàrl confirms the order in writing.

The delivery period runs from the moment the order is confirmed by SWISSTRADE SOLUTIONS Sàrl.

2.3 The customer is responsible for orders placed using their user name.

2.4 Delivery dates are only binding when confirmed in writing by SWISSTRADE SOLUTIONS Sàrl.

2.5 SWISSTRADE SOLUTIONS Sàrl reserves the right not to accept customer orders. An order may be refused for the following reasons in particular: texts with a criminal content or that offend public decency. Another reason is that the circumstances do not appear to allow the order to be fulfilled. In case of refusal of an order, SWISSTRADE SOLUTIONS Sàrl does not have to give reasons, and the customer has no right to compensation.

2.6 The prices indicated in the quotation are exclusive of tax.

3. Scope of supply and rights of use

3.1 SWISSTRADE SOLUTIONS Sàrl offers high-quality translation, proofreading, copywriting and interpreting services.

3.2 SWISSTRADE SOLUTIONS Sàrl undertakes to comply with the due diligence criteria generally applicable in this sector, which must be respected taking into account the specific conditions applicable to each individual case. When executing the contract, SWISSTRADE SOLUTIONS Sàrl respects the current state of knowledge in professional practice, in the corresponding field and/or in the languages concerned.

3.3 For translations, this means in particular that the texts are rendered in the desired language, correctly and appropriately, without any removal, addition or other modification of content. Translations are carried out according to the meaning of the original text, word for word, or respecting the meaning and spirit of the text, in accordance with the quality criteria customary in the translation industry in each language zone.

3.4 Specialised terminology used by a customer will only be taken into account if this has been expressly agreed and sufficient documentation (e.g. word lists or terminology lists) has been provided prior to the order being placed. Otherwise, specialised expressions will be translated according to the usual quality criteria (see 3.3).

3.5 If the translation of the translator to whom it has been entrusted becomes subject to protection under intellectual property legislation, SWISSTRADE SOLUTIONS Sàrl will take the legally available measures to ensure that the customer obtains unlimited rights to its exploitation in space, time and in terms of content, including the right to modify and transmit it to third parties.

3.6 In no event shall SWISSTRADE SOLUTIONS Sàrl be liable to the customer or any other person for any special, incidental, indirect or consequential damages (including but not limited to loss of profits or savings, user’s health, business interruption, damage to or replacement of equipment and property, etc.) arising out of its translations.

4. Customer services and payment

4.1 Payment is due on receipt of the order confirmation by the customer. Payment will be made in Swiss francs, euros or US dollars in accordance with the payment terms made available by SWISSTRADE SOLUTIONS Sàrl.

4.2 SWISSTRADE SOLUTIONS Sàrl may make the signing of a contract dependent on the payment of a deposit or a declaration of bank guarantee.

4.3 The costs of bank transactions (international transfer charges) are payable by the customer (these vary according to each organisation, so please check with your bank).

5. Service delivery

5.1 The service ordered will be delivered to the customer as specified on the order form.

5.2 Other forms of dispatch are only possible by express prior agreement. Any shipping costs shall be borne by the customer.

5.3 SWISSTRADE SOLUTIONS Sàrl undertakes to duly deliver the services to the person indicated on the order form. SWISSTRADE SOLUTIONS Sàrl will not be held responsible for delays caused by digital/electronic network failures (communication networks or gateways of other operators).

6. Complaints

6.1 The customer must check within 15 days that the service delivered is free of defects. Obvious defects must be reported immediately; hidden defects as soon as they are discovered.

7. Corrections

7.1 If and insofar as a service does not meet the contractually agreed requirements, the customer shall grant SWISSTRADE SOLUTIONS Sàrl a reasonable period of time to make the necessary corrections. Corrections cannot be made if the customer is responsible for the shortcomings (e.g. through incomplete information or incorrect original texts).

7.2 The customer may only make use of the remedies available under the Swiss Code of Obligations arising from the service contract if the correction has not been made within the specified period.

8. General limitation of liability

8.1 Claims for compensation arising from the contract or from liability arising from the relationship of trust with SWISSTRADE SOLUTIONS Sàrl or its auxiliary agents in the pre-contract period are excluded in the event of slight or moderate negligence.

9. Invoicing

9.1 As a general rule, invoices are sent electronically (by e-mail) or by post.

9.2 The invoice must be paid on receipt. If payment is not received within this period, we will send a reminder with a maximum payment deadline of 7 days.

10. Offsetting and clearance

10.1 The customer may only offset the claims of SWISSTRADE SOLUTIONS Sàrl against claims that are undisputed and due.

10.2 The assignment of rights arising from a contract with SWISSTRADE SOLUTIONS Sàrl is only valid with the consent of SWISSTRADE SOLUTIONS Sàrl.

11. Return of documents and data

11.1 The data received by the customer under the contract and the contractual services provided by

SWISSTRADE SOLUTIONS Sàrl (generally, completed translations and written texts) are archived for the most part by SWISSTRADE SOLUTIONS Sàrl on secure servers in Switzerland.

This data will be deleted if the customer expressly wishes so.

12. Termination

12.1 In accordance with the provisions of the Swiss Code of Obligations, the customer may terminate the contract in advance.

12.2 In this case, the customer is obliged to pay SWISSTRADE SOLUTIONS Sàrl the costs arising from the execution of the contract up to the moment of cancellation of the order. Whatever the date of termination of the contract, SWISSTRADE SOLUTIONS Sàrl will in all cases be entitled to at least 50% of the contractually agreed sum by way of reimbursement of its costs.

13. Prohibition on talent poaching

13.1 The customer undertakes, for the duration of the collaboration between the parties and for a period of two years from the moment when their collaboration ceases, not to poach persons working for SWISSTRADE SOLUTIONS Sàrl (translators, editors, interpreters, etc.) or to employ them without the consent of SWISSTRADE SOLUTIONS Sàrl.

14. Binding nature of what is written

14.1 Ancillary agreements, promises and other understandings, as well as amendments and supplements to the contract, must be in writing in order to be valid.

14.2 Computer messages and messages sent by fax shall also be deemed to be written documents.

15. Location of service delivery

15.1 The place of execution for all contractual services is the registered office of SWISSTRADE SOLUTIONS Sàrl in Geneva, Switzerland.

16. Applicable law and jurisdiction

16.1 Contracts concluded by SWISSTRADE SOLUTIONS Sàrl are governed exclusively by Swiss law.

16.2 In the event of a dispute arising from the contractual relationship with SWISSTRADE SOLUTIONS Sàrl, any recourse shall be made to the courts of Geneva.

17. Partial validity/partial nullity

17.1 If any provision of the contract, including these General Terms and Conditions of Sale, is or becomes wholly or partially invalid or ineffective, such invalidity or partial invalidity shall not affect the validity of the remaining provisions. On the contrary, in place of the ineffective provision, a replacement provision is applied which corresponds to the objective pursued by the agreement or, at least, which comes close to it, and which the parties would have concluded in order to achieve the same economic ends as if they had known of the ineffectiveness of the said provision.

18. Confidentiality, data protection and system risks

18.1 SWISSTRADE SOLUTIONS Sàrl endeavours to preserve the confidential nature of the texts transmitted.

However, SWISSTRADE SOLUTIONS Sàrl cannot guarantee 100% confidentiality, as unauthorised access by third parties to transmitted texts cannot be completely ruled out due to the computerised communication of data.

18.2 SWISSTRADE SOLUTIONS Sàrl also endeavours to monitor computer data communication using the most modern methods in order to detect possible viruses or sabotage programs. However, it is not possible to guarantee 100% protection against viruses or acts of sabotage, even with all due diligence.

SWISSTRADE SOLUTIONS Sàrl expressly informs the customer of the existence of a residual risk.

18.3 These Terms and Conditions inform the customer that SWISSTRADE SOLUTIONS Sàrl automatically processes personal data in computer-readable form and for tasks arising from this contract.

18.4 SWISSTRADE SOLUTIONS Sàrl electronically archives names, addresses and any other customer information required for efficient order processing and marketing. This data is protected against access by third parties. Under no circumstances will SWISSTRADE SOLUTIONS Sàrl staff pass on data to third parties, except in specific cases expressly authorised by the customer. If a customer wishes to terminate the business relationship with SWISSTRADE SOLUTIONS Sàrl, all of the customer’s data will be deleted immediately.

18.5 Insofar as SWISSTRADE SOLUTIONS Sàrl uses third parties to carry out the services offered, SWISSTRADE SOLUTIONS Sàrl is entitled to disclose customer data to said third parties in compliance with the provisions of the Federal Data Protection Act. It is also authorised to do so in cases where the detection, location and elimination of disturbances and faults in SWISSTRADE SOLUTIONS Sàrl equipment and in equipment used by third parties require the transmission of data.

18.6 SWISSTRADE SOLUTIONS Sàrl declares that its employees and vicarious agents, as well as its independent employees, who act within the framework of this contract, have been imposed strict confidentiality and respect for data protection; SWISSTRADE SOLUTIONS Sàrl also declares that it has taken the necessary technical and organisational measures in order to guarantee the application of the provisions of the Federal Act on Data Protection.

Updated, January 2024