General Terms and Conditions for Mobile Services of Digital Republic
Status: June 2021
Note: Only the German version of Digital Republic’s General Terms and Conditions for Mobile Services is legally binding. The translated versions are provided for information purposes only and have no legal validity. The Customer accepts the German version of the document. On another note, , the masculine form will be used in the text for the sole reason of readability, but the information refers to members of all genders.
1. Subject matter, parties and components of the Contract
These General Terms and Conditions for Mobile Services of Digital Republic (“GTC”), together with the corresponding order/registration and the other contractual components, form the contract between Digital Republic AG, Suurstoffi 22, 6343 Rotkreuz, Switzerland (“Digital Republic”) and you (“Customer”) for the provision and use of mobile services and associated services (collectively “Service”) of Digital Republic. The nature and scope of the Service are set out in the contract.
Natural persons domiciled in Switzerland or companies domiciled in Switzerland are authorised to enter into a Contract. For natural persons under the age of 18, the consent of the legal representative is required.
The following documents form integrated components of the Contract in descending order of precedence:
- separate agreement (if applicable for business customers),
- tariffs overview (available on digitalrepublic.ch),
- these GTC.
The contract components apply in their respective current version.
By completing the order/registration, the Customer confirms that he has taken note of the Contract, in all its parts, and that he has accepted it unchanged, as well as he declares the correctness of his information. The Customer is liable to Digital Republic for the correctness and completeness of his information or for damages resulting from incorrect or insufficient information. At the latest from the first use of the Service, the Contract in all its parts is deemed accepted. If the Customer objects to all or individual terms of the Contract, the Contract shall be terminated and any tariffs, data packages and options already purchased and paid will be forfeited without any compensation being due.
The Service is constituted by included and/or optional mobile communication services (data, voice, SMS/MMS) via the mobile networks of the respective network operator of Digital Republic (“Network Operator”) in Switzerland as well as its roaming partners abroad by means of a SIM card or an eSIM profile incl. an associated phone number (“Connection”). The Service also includes associated services, in particular access to the Digital Republic customer portal. The SIM card or eSIM profile is intended for use in approved end devices (e.g. smartphones or tablets) for private and/or business use as well as for use in connected devices (Internet of Things – IoT) . The customer portal is available for the initial registration as well as for the management of tariffs, data packages and options. Wi-Fi is not part of the Service.
The availability of the individual service elements as well as their scope and duration are available on digitalrepublic.ch. The activated service elements are listed on the customer portal.
Digital Republic does not guarantee the continuous availability of the individual service elements. Furthermore, Digital Republic reserves the right to expand, restrict, discontinue or otherwise adapt the service elements at any time. If the Customer makes use of affected service elements, he will be informed of such changes in an appropriate manner (e.g. via e-mail). The restriction or discontinuation of a service element does not affect the existence of the Contract or Connection to which the service element is assigned.
The Service is provided with the support of the Network Operator and its foreign roaming partners. Digital Republic may at any time engage other third parties in Switzerland and abroad to provide the Service.
For support, a FAQ with frequently asked questions and answers as well as a contact form are available to the Customer at support.digitalrepublic.ch. Digital Republic endeavours to answer support requests as quickly as possible.
2.3. Mobile network coverage and maintenance
The mobile network coverage indicated by Digital Republic is not binding. Gaps in mobile coverage may occur even in well-served areas and especially indoors. Existing mobile coverage in a particular location may deteriorate or disappear altogether due to technical, statutory or other reasons.
Digital Republic, or the Network Operator, reserves the right to temporarily restrict or interrupt the Service or individual service elements, e.g. due to maintenance and technical operations, the introduction of new technologies, to remedy defects or due to capacity overload. The oc-currence of such an event does not entitle the Customer to any extraordinary termination of the Contract, of an individual Connection or individual service elements. Digital Republic shall endeavour, together with the Network Operator, to remedy defects and failures within its sphere of influence during the respective operating hours, within a reasonable period of time, in a manner customary in the industry, using the resources at its disposal, and without giving any guarantee in this respect.
The Customer may use mobile communication services abroad (roaming), provided that these are part of the Service under the Contract, and corresponding roaming contracts exist between the Network Operator and its foreign roaming partners. Digital Republic reserves the right to expand, reduce or otherwise adjust the available countries at any time. The currently available countries are available on digitalrepublic.ch.
The scope of roaming services depends on the offer of the respective roaming partner. Mobile coverage abroad depends on the network of the respective roaming partner and its technical and operational possibilities. In countries with several possible mobile network providers, Digital Republic or the Network Operator determines the respective roaming partner.
2.5. Bandwidths, transmission speeds and technologies
There are no assurances regarding bandwidths or transmission speeds for data traffic over the mobile network. Bandwidths and transmission speeds quoted by Digital Republic are best effort values and cannot be guaranteed. The actual bandwidth or transmission speed depends on, among other things, mobile network coverage, location, network usability, network quality, network expansion, the end device used and other factors and may be lower than the maximum value stated. The uninterrupted transition between different technologies cannot be guaranteed. Digital Republic or the Network Operator are entitled to discontinue older technologies and standards after prior notification. Accordingly, the Customer has no claim to a specific technology or standard.
2.6. SIM card, eSIM profile, phone number and other addressing elements
To use the Service, the SIM card or eSIM profile must be activated. The fees for SIM cards and eSIM profiles can be found in the tariffs overview (available on digitalrepublic.ch).
The SIM card remains the property of Digital Republic at all times. Upon termination of the Contract, the SIM card does not have to be returned. However, the Customer must destroy it.
There is no entitlement to the allocation or retention of a particular phone number or other addressing element. Digital Republic makes the phone number and the other addressing ele-ments available to the Customer only for the use of the Service. They do not become the property of the Customer and cannot be sold, pledged, bequeathed or otherwise transferred to third parties without the express consent of Digital Republic.
Digital Republic is entitled to withdraw or change the phone number or other addressing elements at any time without any compensation being due if statutory, operational, legal or technical reasons require this, as well as in the event of a dispute concerning the phone number.
If the SIM card or an end device with an activated eSIM profile is passed on by the Customer, the name, address and other details of the Customer will continue to be disclosed to the competent authorities at their request. If criminal offences are committed using the transferred SIM card or the passed on end device with activated eSIM profile, the Customer may under certain circumstances be prosecuted for aiding and abetting.
Digital Republic may block or restrict individual services (e.g. the connection or the Customer account) in whole or in part without prior notice and without any compensation being due if
- there is a legitimate cause in accordance with section 3.2,
- the blocking or restriction is in the presumed interest of the Customer (e.g. in the event of misuse by third parties).
The Customer will be informed of the blocking or restriction in an appropriate manner (e.g. via e-mail).
The blocking or restriction may be maintained until the reason for the blocking or restriction no longer applies. If the Customer is responsible for the reason for the blocking or restriction, a reimbursement of tariffs, data packages and options acquired and paid before or during the time of the blocking or restriction is excluded. In addition, Digital Republic may charge the Customer a fee for the blocking and unblocking of the affected service, as well as the cost of a replacement SIM card or the re-download of an eSIM profile, if applicable, to the extent permitted by the provisions of telecommunications law. Such fees or costs will be notified separately to the Customer.
2.8. Caller number display and suppression
In the case of outgoing calls, the Customer’s phone number is displayed by default to the recipient, if technically possible, regardless of whether it is entered in a directory or not. The Customer can suppress the display of the caller number permanently or per call free of charge. For technical reasons, neither the display of the caller number nor the suppression of the caller number can be guaranteed, in particular for calls to a foreign mobile network and for SMS/MMS.
2.9. Third Party Services
If the Customer purchases services or goods from third parties via the Service, such as val-ue-added services (in particular short numbers and special numbers such as 084x and 090x numbers as well as SMS/MMS short numbers, see tariffs overview) (“Third Party Services”), the Customer enters into the relevant contract for these Third Party Services directly with the relevant third party, unless otherwise agreed, and the relevant terms and conditions of the third party apply. With respect to Third Party Services, Digital Republic is not a party to the contract with the Customer, either with respect to the Third Party Services purchased or with respect to the payment thereof. Accordingly, Digital Republic does not assume any liability or warranty for the third-party services and cannot be held liable for them or provide any infor-mation. Digital Republic’s service is limited to the provision of technical access to the relevant third party and its Third-Party Services.
However, Digital Republic can, depending on the design of the respective offer, take over the billing of the Third-Party Services for the third party concerned, i.e. claim the corresponding remuneration or fees of the third party (e.g. by means of billing from Digital Republic) and carry out the debt collection. The purchase of such Third-Party Services billed by Digital Republic is subject to turnover limits set by Digital Republic. If these limits are reached, the purchase of further Third-Party Services can be blocked for a certain period of time.
The Customer can activate and block chargeable Third-Party Services (value-added services) through the Customer portal. The blocking can include all Third-Party Services (value-added services) or only those for adult entertainment. Digital Republic can link the activation of chargeable Third-Party Services (value-added services) to conditions (e.g. residence in Switzerland, valid means of payment, etc.) and also block them without giving reasons.
2.10. Intellectual property
For the duration of the Contract, the Customer receives a non-transferable, time-limited and non-exclusive right to use the Service of Digital Republic in accordance with the Contract. The content and scope of this right are defined in the Contract. The Customer is not entitled to any further rights. All rights to existing or emerging intellectual property regarding services of Digital Republic remain with Digital Republic or the respective authorised third parties. If the Customer infringes the intellectual property rights of third parties and Digital Republic is held liable for this, the Customer undertakes to fully indemnify Digital Republic.
Digital Republic guarantees the diligent provision of the agreed services, in particular Digital Republic strives for a high availability.
However, there are no representations or warranties as to availability, quality, security, operation or support. In particular, there are no representations or warranties with respect to continuous uninterrupted and trouble-free operation of the Service, mobile network coverage, specific bandwidths and transmission speeds, specific quality with respect to data and voice traffic, availability of specific technologies and standards, maintenance of roaming countries, protection of the Customer and the Customer’s end device and data from malicious software, viruses, spamming, Trojans, hackers, spyware, phishing attacks and other criminal acts of third parties and the prevention of data loss. The Customer’s warranty claims in this regard are excluded to the extent permitted by law.
Furthermore, Digital Republic assumes no responsibility for content that the Customer has transmitted or processed by Digital Republic or that the Customer makes accessible to third parties, for content that the Customer receives via the Service, or for the accuracy, com-pleteness, actuality, legality and appropriateness, availability and timely delivery of information that is created by third parties, is available from third parties or is made accessible via the Service by Digital Republic.
3. Entry into force, duration and termination
3.1. Entry into force and duration
The Contract is concluded through the Customer’s application and acceptance by Digital Republic. The order/registration is deemed to be an application by the Customer. Digital Republic decides at its own discretion whether to accept the Customer’s application and thus conclude the Contract with the Customer. The prerequisite for the conclusion and entry into force of the Contract is, among other things, the legally compliant registration of the Customer (including identification by providing an identity document). Digital Republic can also reject the Customer’s application without giving reasons. If Digital Republic is not willing to enter into a contractual relationship with the Customer, the Customer will be informed by e-mail. The activation of the SIM card or the eSIM profile is deemed to be the acceptance of the Customer’s application, whereby the Contract comes into force.
The Contract is unlimited in time. The term of the individual tariffs, data packages and options can be found in the tariffs overview (available digitalrepublic.ch). The term of an option depends on the term of the associated tariff.
If, after completion of the registration, it appears that the Customer has provided incorrect or incomplete information or uploaded insufficient identification documents, Digital Republic may demand that the information or identification documents are corrected or completed, or may deactivate or terminate the SIM cards or eSIM profiles that have already been activated. Tariffs, data packages and options that have already been obtained and paid will terminate without any compensation being due.
Digital Republic reserves the right to refuse the registration of multiple SIM cards or eSIM profiles to the same person in the event of suspected misuse.
If a number porting from the previous mobile provider is necessary for the conclusion of the Contract and the porting process cannot be carried out (e.g. due to lack of approval by the previous mobile provider), Digital Republic cannot be held liable for any expenses and costs incurred.
The Customer may terminate the Contract by sending an e-mail firstname.lastname@example.org. In the case of a termination associated with a number porting, a written notice of termination will be accepted, provided that it is submitted completely and correctly as part of the porting process by the new mobile provider on behalf of the Customer. The Customer can suspend the Connection with the activated options in compliance with the remaining term of the active tariff in the customer portal, which is equivalent to a termination.
If the Customer purchases several services from Digital Republic, then the Customer must specify in the termination notice those services that are to be terminated (e.g. a specific option).
If the termination refers to the Contract as such, the Connection in question and all service elements assigned to this Connection will be terminated at the same time. However, the termination of a Contract or a service element does not affect any other contracts (for other Connections) and any other service elements that have not been terminated.
Digital Republic may terminate the Contract at any time, subject to the remaining term of the active tariff. The Customer will be informed of the termination in an appropriate manner (e.g. via e-mail).
After six months of non-use of the Service, Digital Republic may terminate the Contract with immediate effect without any compensation being due. As a rule, the Customer will be notified in advance. Furthermore, Digital Republic may terminate the Contract or individual service elements without notice and without any compensation being due if there is a legitimate cause. The Customer will be informed of the termination in an appropriate manner (e.g. via e-mail). A legitimate cause exists in particular if
- the Customer is in default of payment,
- there is reason to believe that the Customer has provided incorrect or incomplete in-formation during the registration process,
- there are indications that the Customer is using the Service in a manner that is illegal, in breach of contract or in an abusive manner,
- a competent authority orders the Service to be discontinued in whole or in part to the Customer,
- the mobile networks of the Network Operator or those of third parties or their use by the Customer are impaired,
- overriding public interests so require.
The possible resumption of a terminated Contract or service element has cost consequences for the Customer, which will be separately notified to the Customer by Digital Republic.
The Customer may terminate the Contract or individual service elements without notice if there is good cause. Good cause shall be deemed to exist in particular if
- Digital Republic commits a persistent and material breach of contract and fails to remedy such breach despite a warning from the Customer setting a reasonable resolution time,
- the network is durably unavailable (at least for more than 7 days in a row) at the Customer’s place of residence, place of work or place of business (except in cases of force majeure),
- the Customer moves and there is no network availability (at least for more than 7 days in a row) at the new place of residence, place of work or place of business (except in cases of force majeure).
Upon termination of the Contract, for whatever reason, the corresponding SIM card or eSIM profile will be deactivated or terminated, activated tariffs, data packages and options will terminate without any compensation being due and, subject to number porting to another mobile provider, the number and other addressing elements will revert to Digital Republic without any compensation being due and can be allocated to other customers. A refund of tariffs, data packages and options already acquired and paid is excluded in the event of contract termination, regardless of the reason.
4. Tariffs, prices and fees
The currently valid tariffs and other prices and fees as well as information on their payment can be found in the customer portal and in the tariffs overview (available on digitalrepublic.ch), whereby the information displayed in the customer portal takes precedence over any other source of information. Digital Republic reserves the right to change the tariffs and other prices and fees and may also announce these immediately before the use of a particular service. The Customer’s obligation to pay begins with the activation of the respective service element.
When tariffs, data packages and options are purchased, their prices and their respective term or period of validity are announced in the customer portal. If the Customer has not selected automatic renewal of the respective tariff, the respective data package or the respective option, the service in question cannot be used further after expiry of the applicable term or validity period and any remaining credit expires. The automatic renewal of tariffs, data packages and options can be activated or deactivated at any time via the customer portal.
An upgrade to a higher tariff (incl. adjustment of the speed profile) is possible at any time and will take place immediately. The amount paid for the previous tariff will be credited pro rata. A downgrade to a lower tariff (incl. adjustment of the speed profile) takes place at the end of the respective tariff term.
If the credit of a data package is completely used up (credit “zero”), the service in question cannot be used any further. In this case, the Customer is responsible for timely obtaining a new data package. The meter reading of the Digital Republic billing system is decisive for the determination of the respective credit balance. Credit balances can neither be refunded nor transferred to other mobile providers.
5. Billing and payment terms
Digital Republic prepares its statements based on its technical records and makes them available to the Customer on the customer portal. Digital Republic may aggregate different statements of the Customer and claim minor amounts together with a subsequent statement.
Partial billing units are billed as full units.
The respective statement of the Customer contains only those services for which corresponding billing data is available. Claims relating to subsequently provided billing data (e.g. for the use of roaming services) can be asserted with later statements or debited to the deposited means of payment.
Digital Republic may bill amounts owed by the Customer in connection with the purchase of chargeable Third-Party Services (in particular value-added services) together with the billing of its own services.
The Customer shall send any objections to a statement via e-mail to email@example.com 30 days of its provision, including the reasons for the objections. For this purpose, the Customer has the right to request evidence on the connections made provided that he is the owner of the relevant Connection. Otherwise, the statement shall be deemed to have been accepted by the Customer. If the objections only concern a partial amount of the statement, the Customer shall pay the undisputed amount on time.
If there is any doubt about the Customer’s willingness or capacity to pay or if there is any suspicion of misuse, Digital Republic may immediately block all or individual parts of the Service.
The provisions of this clause 5 are also applicable if Digital Republic handles the billing and debt collection for third parties.
The fees for the tariffs, data packages and options purchased as part of the Service (e.g. the fee for monthly or annual tariffs) cannot be refunded.
Similarly, refunds cannot be claimed for limited time promotions, special offers and the like. A refund can only be made if the Service has neither been activated nor used, and the SIM card is returned to Digital Republic in its unopened packaging.
Refund claims of the Customer due to overpaid amounts will be credited to the Customer’s billing account and offset against the amount of the next statement.
5.3. Payment methods
The Customer undertakes to pay the amount stated in the statement by deposited valid credit card. Only the credit card providers announced in the customer portal are accepted. Other forms of incoming payments are not accepted.
The credit card is billed or charged immediately when a tariff, a data package or an option is purchased (prepaid). With regard to voice and SMS roaming tariffs, third-party services (in particular value-added services) and other services, billing takes place monthly in arrears (postpaid).
5.4. Late payment
If the Customer fails to meet his payment obligation, in particular because the debiting of the credit card cannot be carried out properly due to restrictions imposed by the Customer, the Customer shall be in default immediately and without further formality. Default shall also occur if the Customer objects to a partial amount of the statement but does not pay the undisputed amount on time.
Digital Republic reserves the right to charge interest of 5%. In addition, the Customer bears all costs incurred by Digital Republic in connection with the delay in payment. The respectively valid reminder fees can be found in the tariffs overview (available on digitalrepublic.ch). Digital Republic may at any time engage third parties for debt collection. The Customer has to pay minimum fees for this and to pay them directly to the third party. In addition to the minimum fees, the Customer shall pay the necessary costs and expenses of the third party incurred for the debt collection.
If the Customer is in default, Digital Republic may, to the extent permitted by law, immediately block all or individual service elements, take further measures to mitigate damages and/or terminate the Contract without notice or any compensation being due.
6. Obligations of the Customer
The Customer shall pay for the Service received in due time.
6.2. Legal and contractual use and misuse
The Service is intended for private and/or business use to the usual and average extent (fair use).
The Customer is responsible for the use of the Service in accordance with the law and the Contract. Furthermore, the Service may not be misused. In particular, the following shall be deemed to be a use of the Service in breach of the law or the Contract, and/or misuse of the Service
- misuse or improper use of the Service,
- hacking (e.g. attempts to penetrate the infrastructure of third parties), spying on other users or their data and fraudulent attacks (e.g. phishing),
- the transmission or disclosure of illegal or immoral content
- the harassment or disturbance of third parties,
- the provision of services via the SIM card or the eSIM profile to its own customers (resale), in particular the provision of telecommunications services based on the service,
- the distribution of unfair mass advertising (spam)
- the distribution of harmful software (e.g. viruses, Trojans, etc.)
- the connection of incompatible devices to the infrastructure of the network operator
- the unauthorised access to or use of data, systems and other elements,
- excessive use that leads or may lead to system or network overload,
- the establishment of permanent connections as well as connections which lead to direct or indirect disbursements or other consideration by third parties to the Customer,
- the forwarding of connections to short numbers or value-added service numbers,
- the use of the Service to terminate calls on the Network Operator’s mobile network us-ing GSM gateways or similar equipment.
If the use of the Service by the Customer deviates significantly from the usual and average private and/or business use (fair use) or if there is a use by the Customer or by persons under his responsibility which is contrary to law or to the Contract and/or which is abusive, Digi-tal Republic is entitled to require the Customer to use the Service in accordance with the law and the Contract, to take appropriate measures without prior notice (e.g. blocking or restricting services, in particular limiting transmission speed), to terminate the Contract, the Connection concerned or individual service elements without notice or any compensation being due, and, if necessary, to demand compensation for damages as well as indemnification against claims by third parties. The same applies in the event of incorrect or insufficient information provided by the Customer when ordering/registering.
6.3. Responsibility for the use of the Connections
The Customer is free to obtain several Connections from Digital Republic. As the Contract and Connection holder, the Customer is at all times fully responsible for the payment of all amounts resulting from the use of the Connections registered to him in the customer portal, as well as for the use of these connections free from misbuse and in compliance with the law and the Contract, regardless of whether he uses them himself or allows third parties to use them. The obligation to pay billed amounts also applies to Third-Party Services which were obtained or ordered via the Customer’s Connections (in particular value-added services). If the Cus-tomer allows minors to use Connections, he is responsible for compliance with the relevant provisions for the protection of minors.
In the event of excessive use of Connections, use in violation of the law or the Contract, misuse, or in case of payment arrears or defaults, Digital Republic is entitled to take the measures mentioned in clause 6.2 for all of the Customer’s Connections.
6.4. Responsibility for content
The Customer is responsible for the content of the information (in any form: voice, SMS/ MMS or data) which he transmits or has processed within the scope of Digital Republic Service or which he makes accessible to third parties.
6.5. End devices of the Customer
The use of the Service requires the use of suitable and compatible end devices (e.g. smartphones, tablets or Internet of Things (IoT) devices, incl. associated software and any eSIM) by the Customer. The Customer is responsible for the acquisition, installation, functionality and legal conformity of these end devices. If the Customer uses an end device with a permanently installed SIM chip (eSIM) for the use of the Service, the SIM chip is part of the Customer’s end device. Digital Republic does not grant the Customer any investment protection.
Digital Republic and the Network Operator are entitled at any time to access the end devices used by the Customer for the purpose of configuration, maintenance, optimisation or expansion of their services through remote maintenance via the mobile network, and to view, change, update or delete existing technical data or software. This applies in particular to updates in the settings of the SIM card or the eSIM profile (e.g. security certificates). In the context of remote maintenance, Digital Republic or the Network Operator gain insight into those data of the Customer that are directly related to the configuration of the end device as well as the Service. The liability of Digital Republic and the Network Operator for any damage to the Customer’s end devices and related equipment occurring in connection with the remote maintenance is excluded.
The electromagnetic fields caused by the Customer’s end devices can interfere with the functioning of other devices (e.g. hearing aids, pacemakers or household appliances). To prevent interference, the safety and usage conditions specified by the manufacturers must be observed and a sufficiently large distance must be maintained. The Customer must inform himself about prohibitions and restrictions of use (e.g. in road and air traffic) and comply with them.
The Customer shall protect his end devices and data from unauthorised access by third par-ties. He shall take measures in accordance with the current state of the art to prevent his end devices from being used for the dissemination of illegal or otherwise harmful content, in partic-ular mass advertising (spam), fraudulent messages (phishing e-mails/SMS) and harmful soft-ware (viruses, trojans, etc.).
The Customer acknowledges and accepts that, in the event of cross-border use of the Service, the automated notification of roaming prices (tariff notification) to his end device cannot be guaranteed and activation or deactivation of this notification may not be possible depending on the SIM card or eSIM profile.
6.6. Security instructions, passwords, etc.
The Customer must follow the security instructions communicated or otherwise made known by Digital Republic. In particular, the Customer must regularly back up his data and carefully store access data (login), passwords and PIN and PUK numbers and not disclose them to unauthorised third parties. PIN and PUK numbers must also be kept separately from the Customer’s end devices or SIM card. PIN numbers must be changed regularly.
The Customer must report the loss of access data (login), passwords, PIN and PUK numbers, a SIM card or an end device with an activated eSIM profile immediately via e-mail to firstname.lastname@example.org. Until the connection is blocked, the Customer must in any case pay for the services obtained via the corresponding Connection (e.g. in the event of interim use of the Connection by unauthorised third parties).
6.7. Customer details
When ordering/registering, the Customer must prove his identity by means of a passport, an identity card or a foreigner’s identity card within the meaning of Articles 71 and 71a of the Ordinance of 24 October 2007 on Admission, Residence and Gainful Employment (VZAE).
Furthermore, the Customer is obliged to keep his contract, billing and e-mail addresses up-to-date at all times in the customer portal.
The e-mail address provided by the Customer and stored in the customer portal is considered the primary delivery address of the Customer. Accordingly, Digital Republic generally sends information relevant to the Contract (e.g. statements, reminders, changes to services and/or contractual terms, operational information such as maintenance work, etc.) to this e-mail address or makes this information known to the Customer in another suitable manner (e.g. by making it available in the customer portal). Information transmitted or made known in this way shall be deemed to have been validly delivered.
7. Data protection
The responsible and legally compliant handling of data is important to Digital Republic. Digital Republic complies with the applicable laws at all times, in particular the Swiss data protection and telecommunications law. Digital Republic primarily collects and processes data required for the provision and further development of the Service (namely the guarantee of high service quality and the security of operations and infrastructure), the performance of the Contract, the handling and maintenance of the Customer relationship, billing and the fulfilment of legal requirements.
The Customer acknowledges and expressly agrees that the provision of the Service and the associated services requires the processing of personal data and other data about the Cus-tomer (“Data”) by Digital Republic and by third parties involved in Switzerland and abroad (e.g. mobile providers, software or platform suppliers, sales partners and third parties in the area of payment processing, debt collection and customer identification). Such processing of data concerns in particular the traffic data/usage data of the voice and data connections taking place via SIM card or eSIM profile (including date, time, duration, data volume, etc.), data collected in the course of registration (including first name/name, address, nationality, date of birth, e-mail address, phone number, copy of the identification document, etc.) as well as other data (including contract data, customer activity data such as information on the purchase of tariffs or data packages and use of the customer portal, payment information, data on payment behaviour, evaluations, etc.). The third parties consulted for this purpose only process the data that is necessary for the provision of their services.
The Customer expressly agrees that Digital Republic may use the data for its own marketing and advertising purposes and may pass the data on to selected third parties for the same purposes (e.g. partner companies in the field of marketing).
Digital Republic is entitled to obtain information about the Customer in connection with the conclusion and execution of the Contract.
If the Customer purchases Third-Party Services (in particular value-added services), Digital Republic may pass on to the third parties concerned such data as is necessary for the provision of such services as well as for debt collection.
Digital Republic is obliged to provide information about the Customer and the processed data to the competent authorities at their request in accordance with the statutory provisions.
The Customer has the right to receive information in writing and free of charge at any time about his personal data processed by Digital Republic and third parties involved. The Customer also has the right to request the correction of incorrect personal data. The Customer is further entitled to the deletion of his personal data, unless Digital Republic is obliged to retain certain personal data due to applicable laws and regulations, has an overriding interest in certain personal data, or requires such data for the assertion of claims. The Customer may send such requests by e-mail to email@example.com, enclosing a copy of his or her identification document.
The parties undertake to treat as confidential all information which is not generally known and which they learn in connection with the provision and use of the Service within the framework of the contractual relationship or about the customers and business relationships of the other party.
Digital Republic is entitled to pass on information and data about the Customer to companies of the Digital Republic group as well as to involved third parties in Switzerland and abroad (in particular to the Network Operator), if and to the extent that this is done by the involved third parties in order to fulfil their contractual obligations.
In the event of a breach of contract, Digital Republic is liable, unless it proves that it is not at fault, for proven direct material and financial damage, per damaging event, up to the equivalent value of the services obtained during the last contractual year of the Connection concerned, in no case higher than a maximum of CHF 50,000. Liability for indirect or consequential damage, in particular loss of profit and loss of data, is excluded to the extent permitted by law. Furthermore, Digital Republic is not liable for damages resulting from use of the Service in violation of the law or the Contract or misuse of the Service by the Customer or persons under his responsibility.
Digital Republic accepts no liability in cases of force majeure or for damages for which Digital Republic, the Network Operator or other third parties involved are not responsible or which have arisen as a result of the blocking or termination of services by Digital Republic. All unforeseeable events are considered as force majeure, including in particular power failure and the occurrence of harmful software (e.g. viruses or trojans). In cases of force majeure, Digital Republic is also released from its obligation to perform.
10. Amendment of services and contractual conditions
Digital Republic reserves the right to change the Service and/or the contractual conditions (incl. tariffs, prices and fees as well as these GTC) at any time or to discontinue individual services. The Customer will be informed about changes in an appropriate manner (e.g. via e-mail or in the customer portal). Digital Republic will notify the Customer in good time in advance of any changes that are associated with a significant disadvantage for the Customer (e.g. significantly higher prices, the discontinuation or significant restriction of a service). In such cases, the Customer may terminate the Contract at the time the change comes into effect. If the change relates to a specific service (e.g. an option), the right of termination applies exclusively to this service. If the Customer fails to give notice of termination, the changes shall be deemed accepted. Price adjustments as a result of a change in legal requirements (e.g. an increase in the VAT rate) as well as price adjustments by third-party providers (e.g. of value-added services) do not entitle the Customer to terminate the Contract. Digital Republic may, at its discretion, submit one of the following alternative offers to the Customer after receipt of the termination notice:
- the continuation in whole or in part of the previous contractual conditions or
- the compensation of the additional burden incurred by the Customer as a result of the change by appropriate means.
Any changes or customer-specific ancillary agreements, amendments or supplements requested by the Customer require the written consent of Digital Republic.
11. Further provisions
The Customer may not transfer or assign the Contract or any individual rights and obligations thereunder without the prior written consent of Digital Republic. Digital Republic is entitled to assign or transfer the Contract or any individual rights and obligations thereunder to a third party at any time with discharging effect. In particular, Digital Republic is entitled to assign or transfer claims resulting from the Contract to third parties for the purposes of debt collection.
The Customer waives his right of set-off with regard to all claims against Digital Republic.
12. Applicable law and place of jurisdiction
The contract is subject to Swiss law. The place of jurisdiction is Zurich, Switzerland. Mandatory places of jurisdiction remain reserved.