General Terms and Conditions for Advertising Customers – Status: January 1, 2022

General and scope of application
1.1 By submitting an offer to enter into a contract, the Advertiser accepts the priority of these GTC over its deviating contractual terms.

1.2 The use of prime CPP products is permitted exclusively to entrepreneurs and their employees authorized to represent them. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity.

Conclusion of contract
2.1 You can use our self-booking portal at https://www.primecpp.ch/payment to conclude the contract. In doing so, we conclude a contract on the use of the prime CPP platform (usage contract) and, if applicable, on the delivery of your campaign(s) (campaign contract). When and how these contracts come into effect is described below:

2.1.1. usage contract (self-booking)
Click on https://www.primecpp.ch/payment, follow the subsequent user dialog. As soon as your payment has been booked, you will receive an e-mail confirming the booked advertising package.

2.1.2 User contract (order)
Alternatively, you can order us in writing or by phone to set up a user account for you. We will then send you a user name and password by e-mail. With this you can log into your account. In the first user dialog, you will be asked to confirm our GTC.

2.1.4 Campaign contract (with online ad order)
You can agree with us individually on a contract for the delivery of your campaign(s), which comes into effect through your offer and our acceptance.

Term of contract, termination
3.1 The user contract and campaign contract shall run until its time or budget limit. You may terminate it at any time and thus stop the delivery of the campaign.

Provision of services
The purchase of advertising services by the advertiser is in accordance with these GTC, which apply exclusively to any conditions specified by the advertiser.

4.1 Upon submission of the advertisement by the advertising customer, prime CPP GmbH shall have the right to display, transmit and advertise the advertisement.

4.2. prime CPP GmbH reserves the right to reject the advertisement(s) of the advertising customer at its own discretion or to no longer display them.

Remuneration, terms of payment
5.1 Payment obligations shall be due after invoicing. If advance payment has been agreed, the due date shall be the conclusion of the contract.

5.2 Default shall occur no later than 14 days after the due date and receipt of the invoice.

5.3 Except in the case of advance payment, prime CPP GmbH reserves the right to conduct a credit check.

5.4 In the event of late payment, prime CPP GmbH reserves the right to suspend its services until all outstanding payments have been made.

5.5 Prepaid campaigns will be executed automatically. Campaigns cancelled by the advertising customer are non-refundable. Advance payments without a campaign will be refunded within 10 days with a processing fee of CHF 30.

5.6 Any objections to the invoice amount must be notified to prime CPP GmbH in writing no later than 7 days after invoicing. Thereafter, the invoice amount will be deemed approved.

Advertisements
6.1 Content and semantic targeting
The advertising customer agrees that its advertisements will be displayed in advertising environments that prime CPP GmbH or the software used by prime CPP GmbH deems relevant.

6.2 Text advertisements
The text of advertisements shall represent as factually as possible the contents of the advertiser’s website. prime CPP GmbH shall not be responsible in any way for the website advertised in a particular advertisement and prime CPP GmbH shall not be liable to the advertiser for the consequences of any errors made by the advertiser or any other party with respect to the website designated in a particular advertisement. The advertiser agrees that prime CPP GmbH has the right to remove any characters from the submitted advertisement that are intended to highlight it in a misleading manner, to modify the submitted advertisement in the event of typographical errors, to modify advertisements to conform to our policies, or to reject advertisements if fundamental changes cannot be made. The advertiser is solely responsible for all keywords, associated keyword options, ad copy and URLs, whether generated by or for the advertiser.

6.3 The advertiser agrees that in the event that an advertisement is submitted to prime CPP GmbH or prime CPP GmbH is instructed to change one, it is the advertiser’s sole responsibility to ensure that the change(s) have been properly made.

Responsibilities of the advertising customer
By placing an order for advertising services with prime CPP GmbH, the advertising customer warrants that:

7.1. any legal liability in respect of the Advertisement or any Linked Website or Web Content and the consequences of its transmission or dissemination by prime CPP GmbH rests solely with the Advertiser;

7.2. the information and content of the advertisements and any linked website or web content:

7.3. do not violate any law, other legal instrument or regulation, in all countries or jurisdictions where the Advertisement may be accessed;

7.4. not infringe any copyrights, trademarks, intellectual property rights of any person or the privacy of any individual;

7.5. not contain false, misleading, defamatory, threatening, racist, blasphemous or any other material that is unlawful in the country from which the advertisement can be accessed; the advertiser must not use the service in a way that could diminish or damage the goodwill of prime CPP GmbH;

7.6. he/she keeps all information provided to prime CPP GmbH about him/herself and his/her company up to date, complete and correct;

7.7. prime CPP GmbH s may send all notices and statements to the e-mail address specified as the main contact in his customer account.

7.8. he does not transfer the customer account to third parties, no unauthorized persons use his customer account and the password is kept secret.

7.9. if prime CPP GmbH believes at its own discretion that these GTC have been violated, prime CPP GmbH may remove the advertisement immediately.

Warranty and Liability
8.1. prime CPP GmbH shall endeavor to ensure the greatest possible availability of the advertising services.

8.2 To the extent permitted by law, however, prime CPP GmbH does not give any warranties. In particular, neither prime CPP GmbH nor any of its employees, agents, consultants or contractual partners give any warranties or make any representations regarding the services provided by them or that they will meet the needs of the advertising customer or will be in continuous operation, secure or error-free, and that accordingly the use thereof is at the advertising customer’s own risk.

8.3. prime CPP GmbH shall in particular also not assume any guarantees concerning the amount or timing of the costs per click, the click-through rates or the delivery of impression, positioning, clicks or conversions for individual advertisements or targets.

8.4. prime CPP GmbH endeavors to use appropriate control mechanisms to ensure traffic quality. If the advertising customer identifies sources of prime CPP GmbH that do not bring expected conversion rates, it shall be the responsibility of the advertising customer to screen out such sources. prime CPP GmbH shall also not assume any warranty with regard to the contractually agreed advertising services to the extent permitted by law.

8.5 As a matter of principle, refunds for disputed traffic shall only be made as a gesture of goodwill and only for a maximum period of 60 days from the date prime CPP GmbH receives the relevant message from the advertising customer.

8.6. prime CPP GmbH shall in particular not be liable for failures or delays caused by conditions beyond its reasonable control, including, but not limited to, cases of force majeure, acts of governments, terror, natural disasters, labor disputes and power failures.

8.7 In the event of breach of contractual or pre-contractual obligations by prime CPP GmbH or its vicarious agents, prime CPP GmbH shall only be liable for intent and gross negligence. This does not apply in the case of liability for damages resulting from injury to life, body or health. This also does not apply in the event of a breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations).

8.8 Liability in the event of a breach of cardinal obligations shall be limited to the typical contractual damage foreseeable at the time of conclusion of the contract.

8.9 Any further liability for damages shall be excluded, irrespective of the legal nature of the asserted claim.

Indemnification clause
9.1 prime CPP GmbH, its licensors, licensees, consultants, contractors, agents and employees are hereby released, discharged and protected from any and all liability, losses, damages, claims, penalties, fines, costs, expenses, including unlimited costs of legal action, arising out of the Advertiser’s access to or use of the Services, the Programs, the Site or any other breach of the terms, conditions, warranties or notices contained in these Terms and Conditions. The advertiser is solely responsible for defending against claims and paying any damages, penalties or fines, losses or liabilities arising from the foregoing to prime CPP GmbH or any third party. prime CPP GmbH reserves the right to terminate the advertising services, or to exclude, temporarily suspend or block the advertiser from any part of the website if the advertiser has violated any of the provisions in these terms and conditions.

Notices
10.1 prime CPP GmbH is entitled to give general notices to the Advertiser by posting them on the Website and will, if possible, send notices by electronic mail to the Advertiser’s e-mail address [or by post to the Advertiser’s postal address]. The advertising customer is entitled to send notices to prime CPP GmbH by e-mail to the e-mail address specified in the imprint on www.primecpp.ch. Notices will will be deemed to have been received in full, unless it arrives at the place of receipt on a weekend or public holiday, in which case the notice will be deemed to have been received on the next business day.

Confidentiality
11.1 prime CPP GmbH and the advertiser undertake to treat as confidential all information originating from the other party that is not in the public domain. This does not apply if disclosure is ordered by a court of law or an official authority or is necessary for the legal enforcement of own rights against the respective other party.

Amendment of these General Terms and Conditions
12.1 prime CPP GmbH may amend these GTC from time to time in order to adapt them to current organizational or procedural requirements or to changes in the legal situation.

12.2 The currently valid GTC will be made available on the platform so that the Advertising Customer can read, download and save them locally. Outdated versions shall be made available as required.

12.3 The advertising customer will be informed of amended terms and conditions by e-mail at least 7 days before they come into force. If the advertising customer does not object to the validity of the new GTC within two weeks, the terms and conditions shall be deemed accepted. prime CPP GmbH shall separately inform the advertising customer in the amendment e-mail of the significance of this two-week period, the right to object and the legal consequences of silence. If the advertising customer objects to the amended terms and conditions within the aforementioned period, both the advertising customer and prime CPP GmbH shall be entitled to terminate the usage and campaign agreement without notice.

Entire agreement
13.1 These Terms and Conditions constitute the entire agreement between prime CPP GmbH and the Advertiser with respect to the subject matter contained herein, and supersede all prior agreements, proposals and communications, whether written or oral, between the Advertiser and prime CPP GmbH. The advertiser acknowledges that in entering into these terms and conditions, it has not relied on any representations made by prime CPP GmbH other than those expressly set forth in these terms and conditions.

Assignment
14.1 The rights to which the Advertising Customer is entitled under the contractual relationship are not assignable without prior written consent.

Other agreements
15.1 Any amendments to the terms and conditions and/or individual orders concluded between prime CPP GmbH and the advertising customer during the term of this agreement shall only be effective if made in writing.

15.3 Should individual clauses of these terms and conditions be or become invalid, the validity of the remaining clauses shall not be affected thereby. prime CPP GmbH and the advertising customer shall replace the invalid clause with a valid clause that comes as close as possible to the invalid clause in economic terms. The same shall apply to any gaps in these Terms and Conditions that subsequently become apparent.

15.4 These GTC are exclusively subject to Swiss law with exclusive place of performance and jurisdiction at the registered office of the Operator, provided that the Users are not consumers or consumers respectively. In particular, the court at the domicile or registered office of one of the parties shall have jurisdiction for actions brought by consumers or consumers in the event of disputes arising from consumer or consumer contracts, and the consumers or consumers may in particular invoke the law at their domicile.