General terms and conditions for standard range of services

1. Scope of contract
These General Terms and Conditions contractually
regulate the purchase and the use of services in
the standard range of services (“services”)
The contract pertaining to these services is governed
by public law. The purchase of additional
services is governed by the provisions of private
law.

2. Supply of services
MeteoSwiss supplies the services to the customer
to the extent agreed and for the use defined in
Article 9 f of these General Terms and Conditions
and in the separate agreement.

3. Terms of supply
MeteoSwiss supplies the services to the address
indicated by the customer using the communication
technology that it has available.
The customer is obliged to accept the services on
the basis of the distribution channels employed by
MeteoSwiss.

4. Supply dates
MeteoSwiss guarantees the punctual supply of the
services that it has at its disposal.
In the event of the non-delivery or incorrect delivery
of services, MeteoSwiss may supply the services
as stipulated at a later date.

5. Transmission faults
The risk of transmission passes to the customer as
soon as MeteoSwiss has supplied the services.
Each party shall without delays notify the other
party of any transmission faults which are traceable
to defects in the transmission circuits / equipment.
Each party shall itself eliminate such faults and
bear the costs of elimination in respect of its own
transmission circuits / equipment.

6. Accuracy / Completeness
MeteoSwiss provides no guarantee as to the accuracy
of the services as regards content. MeteoSwiss
does not guarantee and may not be held
liable for the completeness of the services.
MeteoSwiss excludes all liability for any loss of the
services that it supplies.

7. Services provided by third parties
MeteoSwiss excludes any guarantee or liability for
services provided by third parties and may not be
held liable for the delayed supply of services provided
by third parties.

8. Fees
The customer pays fees in accordance with the
schedule of fees.

9. Scope of use
All incorporeal rights and rights of use remain the
property of their legal owners, whether with MeteoSwiss
or its sub-contractors.
The customer has the right to use the services to
the extent stipulated in a separate agreement. Any
use in excess of this is prohibited.
The customer may be authorised to modify the
formats and graphical layouts of the services.
If the customer instructs a third company with the
presentation, re-processing or evaluation of the
services in order to use the result for itself, it must
give notice of this. In addition, the customer is
required to contractually regulate the use of the
services with the third company. The customer is
responsible for ensuring that the third company
makes no other or further use of the services than
the customer itself is authorised to make.
All other transmission of the services to third parties
or retailers as well as the sale, pledging or
licensing of the services is prohibited.

10. Duty of protection
The customer shall ensure that no unauthorised
use of the services takes place.
The customer shall provide appropriate instruction
to its staff, take security measures according to
common practice in the industry and shall make
regular checks in order to prevent use in breach of
contract.
In the event of services being used in breach of
contract, MeteoSwiss shall allow 48 hours in which
to eliminate the non-contractual situation and to
restore the situation in accordance with the contract.
If the customer fails to restore the situation in
accordance with the contract within the period
allowed, the customer shall pay MeteoSwiss a
contractual penalty amounting to one twelfth of
the cost of the services obtained from MeteoSwiss
in the previous year. In the event that
the customer has been in receipt of the services
for less than one year, the penalty due
amounts to the cost of the services obtained
divided by the number of months in which the
contract has been in force.
If the customer still fails to eliminate the situation
that is not in accordance with the contract and does
not restore the situation in accordance with the

contract within the subsequent 72 hours, MeteoSwiss
has the right to terminate the contract
without further warning. Payments already made
are forfeited to MeteoSwiss. Payments due for the
current calendar year remain due and must be paid
in accordance with the contract. In addition, the
customer shall owe MeteoSwiss a contractual
penalty amounting one half of the cost of the
services obtained from MeteoSwiss in the previous
year. In the event that the customer has
been in receipt of the services for less than one
year, the penalty due amounts to one half of the
cost of the services obtained.
MeteoSwiss is not entitled to withdraw from the
contract in cases where it has a statutory obligation
to supply services.
If MeteoSwiss waives its right to withdraw from
the contract, the customer shall nevertheless
owe MeteoSwiss a contractual penalty amounting
to one half of the cost of the services obtained
from MeteoSwiss in the previous year. In
the event that the customer has been in receipt
of the services for less than one year, the penalty
due amounts to one half of the cost of the
services obtained.
The payment of the contractual penalty shall
not release the customer from observance of
contractual
The right to claim further damages is expressly
reserved.

11. Indication of source
The source of services supplied must be indicated
as follows:
If used in a recognisable form in text products:
“Source: MeteoSwiss”.
If used in recognisable form in graphical products:
“Source: MeteoSwiss”
If used indirectly, if quoted, etc. “Based on services
provided by MeteoSwiss”, or “Source: MeteoSwiss”.
Acknowledgements: “These services have been
provided by MeteoSwiss, the Swiss Federal Office
of Meteorology and Climatology”.

12. Legal guarantee
MeteoSwiss hereby declares that it is itself entitled
to the services. If third parties raise an action against
the customer in respect of a breach of industrial
property rights or other contractual claims as a
consequence of the use of the services, MeteoSwiss
shall accept the costs of defending the
action as well as any costs provided that it is
proven that the breach of the industrial property
rights is due to wilful or grossly negligent conduct
by MeteoSwiss.
The customer undertakes to notify MeteoSwiss
without delay of any claims made and to authorise
MeteoSwiss in writing to conduct the defence and
to conclude a settlement.

13. Liability
MeteoSwiss is liable for any direct loss or damage
provided the customer proves that MeteoSwiss has
acted wilfully or with gross negligence.
Any liability of MeteoSwiss for indirect loss or damage
in excess of this, such as loss of profits, consequential
damage, etc. is expressly excluded.
The liability of MeteoSwiss for simple negligence is
expressly excluded.

14. Termination
Subscription contracts of at least three months
duration may be terminated by the customer as of
the end of the term of the contract by giving one
month’s notice in writing.

15. Reservation of requirement as to written form
Alterations and additions to these General Terms
and Conditions must be made in writing. This also
applies to this agreement as to written form itself.
Verbal ancillary agreements do not exist.
16. Partial invalidity / Ineffectiveness
If any provision of these General Terms and Conditions
is invalid or ineffective, neither the remaining
provisions nor the General Terms and Conditions in
general is affected.
The parties shall replace the invalid or ineffective
provision by mutual agreement. A replacement
provision shall correspond to the commercial purpose,
the intended balance and the spirit of the
contract.

17. Divergent written agreements
Any divergent written agreements shall take precedence
over these General Terms and Conditions.

18. Amendments to the General Terms and Conditions
MeteoSwiss reserves the right to amend the General
Terms and Conditions at any time.
Amended General Terms and Conditions shall be
notified to the customer in writing or by other suitable
means, and in the absence of objection within
a period of one month, shall be deemed to be approved.

19. Settlement of disputes
Differences of opinion and disputes shall wherever
possible be settled in good faith by negotiation.
Any disputes are governed by the Federal Act of 17
June 2005 on the Federal Administrative Court.