1. Scope of application
These General Terms and Conditions (GTC) are applicable to the services of the PDFX-ready Association (hereinafter referred to as the Association) and govern the relations between the participants in the certification programme (hereinafter referred to as Club members) and the Association. Club members are not members of the association within the meaning of Art. 70 ff. of the Swiss Civil Code but customers. ZGB but customers who make use of the services of the association on a contractual basis.
These GTC are an integral part of the contractual relationship between the association and the club members.
2. Services of the association
The club shall provide club members with a certification program for data producers (creator) and data processors (output). Club members may participate in the certification program for the duration of the contractual relationship entered into with the association. The guidelines and framework conditions for certification are set out in a separate document. There are no further assurances. The association provides various documents for data producers and processors on its homepage and makes recommendations. The association ensures that all documents made available to club members are regularly updated. All documentation of the association may be copied for information purposes and distributed to third parties, provided that the original document is used in unchanged form and the origin is always visible. However, the commercial use of the documentation provided by the association by the club members is expressly prohibited.
3. Technical standards
Data producer (creator)
The data manufacturer undertakes, as far as technically possible, feasible and reasonable, to produce and pass on all print data in accordance with the specifications of the association.
Data receiver (output)
The data recipients undertake to process without reservation data which have been produced in accordance with the specifications of the Association and which are technically faultless.
4. Start, duration and termination of participation in the certification program
The services offered by the association are made available exclusively to the paying club members. A distinction is made between participating natural and legal persons. The participation in the certification program begins with the receipt of payment of the membership fee. Payment of the fee entitles the Club Member to use the services offered by the Association during one calendar year. With the payment of an additional fee, participation is automatically extended by one year.
The participation ends by exclusion, resignation, death (with natural persons), deletion of the participating society in the trade register (with legal persons) or by non-payment of contributions. Upon withdrawal, all rights to the certificate also lapse.
5 Liability of the Club Members
The Club Member shall be liable for all damages incurred by the Association in the event of misuse of the Certificates.
6. Warranty of the club
The association produces its documents to the best of its knowledge and belief and publishes them. The association rejects any liability for consequential damages resulting from the use of the guidelines and recommendations. If the content or the representation of a file is changed or impaired, although the club member has kept the technical specifications given by the association, the liability of the association is excluded. All further claims are excluded.
7. Termination of the business relationship
The club member as well as the association may terminate the contractual relationship at any time by giving two months' written notice without giving reasons. If a member resigns during the contractual relationship, there is no entitlement to a refund of the membership fee already paid. Any misuse of the certificates by the Club Member will result in the immediate termination of the contractual relationship. Contributions already paid will not be refunded.
8. Applicable law and jurisdiction
The legal relationship between the Association and a Club Member shall be governed by Swiss substantive law. The place of jurisdiction for disputes arising from the legal relationship between the Association and the Club Member shall be Zurich.
9. Entry into force of the AGB
These Terms and Conditions shall enter into force on 1 September 2008 and supersede all previous versions.
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