1. Scope and provider
These General Terms and Conditions (GTC) govern the use of the finra.ch platform (hereinafter „finra") by brokers, fiduciaries and other business customers (hereinafter „customer") who register for an account and make use of finra's services.
The provider of finra is R. Selimi, 9470 Buchs SG, Switzerland (contact: info@finra.ch). By registering, the customer accepts these GTC in full. For the customer's end customers — that is, the persons invited via the individual subdomain — any separately communicated terms of use apply in addition.
2. Description of services
finra is a web-based customer portal for Swiss brokers and fiduciaries. It enables the customer to receive documents from its own customers, track the processing status and obtain approvals.
For this purpose finra provides exclusively the technical infrastructure. finra is not a legal, tax or financial advisory service and assumes no responsibility for the substantive accuracy of the documents exchanged via the platform or for the business relationship between the customer and its end customers.
3. Registration, account and users
Registration is required to use finra. The customer undertakes to provide truthful and complete information upon registration and to update it promptly in the event of changes.
Each customer is assigned its own subdomain (e. g. name.finra.ch). The number of permitted user accounts depends on the selected package; the packages published on finra.ch are authoritative. The customer is responsible for the secure safekeeping of its access credentials and is liable for all activities carried out under its account. finra must be informed without delay in the event of suspected misuse.
4. Trial period and subscription
New customers have a free 30-day trial period at their disposal. No credit card or other payment details are required for the trial period.
- After the trial period expires, further use of finra is subject to a charge; the prices and packages published on finra.ch at the relevant time are authoritative.
- The subscription may be concluded on a monthly or annual basis and renews automatically for the selected term unless it is terminated in accordance with clause 10.
- Price changes are announced to the customer in advance.
5. Prices, payment and default
The prices published on finra.ch at the time of the order apply. All prices are in Swiss francs (CHF) and exclusive of VAT, as the provider is currently not liable for VAT. Should the provider become liable for VAT, the statutory VAT will be charged in addition to the prices shown.
- Invoicing takes place in advance for the selected billing period (monthly or annual).
- Invoices are payable within the period stated on the invoice, without deduction.
- In the event of default in payment, finra is entitled to charge default interest of 5 % per annum (art. 104 CO) as well as reasonable reminder fees.
- If a payment fails to arrive despite a reminder, finra may block access to the account until full settlement. The customer's data is retained during this time.
6. Obligations of the customer
The customer undertakes to use finra exclusively for lawful purposes and not to upload or disseminate any content that infringes applicable law, the rights of third parties or public morals.
The customer is solely responsible for the content and data posted by it and, via its account, by its end customers. It ensures that it complies with the applicable data protection obligations vis-à-vis its own customers (in particular under the revised FADP), for instance regarding information and the necessity of the data processing.
7. Availability
finra endeavours to ensure a high availability of the platform. However, uninterrupted operation cannot be guaranteed; interruptions may arise in particular from maintenance work, disruptions at third-party providers (hosting, internet connection) or force majeure.
Maintenance windows are, where possible, announced in advance and carried out outside normal business hours.
8. Liability
finra's liability for damage of any kind is excluded to the extent permitted by law. In particular, finra is not liable for indirect damage, consequential damage, lost profit or data loss.
Liability for unlawful intent (wilful misconduct) and gross negligence remains expressly reserved in accordance with art. 100 CO and cannot be excluded. The customer is furthermore itself responsible for regularly backing up or exporting important data.
9. Data protection and processing on behalf
The processing of personal data by finra is governed by the Privacy policy, which forms an integral part of these GTC.
In the course of operating the portal, finra processes personal data of end customers on behalf of the customer as processor. The provisions of the data processing agreement (Annex A, Art. 9 revised FADP), which comes into effect between the customer (controller) and finra (processor) upon use of the portal, apply in addition to this. The customer remains responsible vis-à-vis its own customers for the lawfulness of the data processing.
10. Termination and data export
The customer may terminate its subscription at any time with effect from the end of the current billing period.
After termination of the contractual relationship, the data stored in the account remains available for export in a common format for a period of 30 days; after this period expires, the data is deleted, provided no statutory retention obligation stands in the way. finra reserves the right to block or terminate accounts with immediate effect in the event of a serious breach of these GTC.
11. Amendments to the GTC
finra may amend these GTC at any time in order to adapt them to changed legal, technical or operational circumstances. Material changes are communicated to the customer in advance in an appropriate form (e. g. by e-mail or notification in the portal).
If the customer continues to use finra after the amendments take effect, the amended GTC are deemed accepted.
12. Final provisions
Should individual provisions of these GTC be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the valid arrangement that comes closest to the economic purpose of the invalid provision shall apply (severability clause).
The customer may transfer rights and obligations under this contract to third parties only with the prior written consent of finra. finra is entitled to transfer the contract to a legal successor in the course of a business acquisition or restructuring. Amendments and ancillary agreements require text form (e. g. e-mail) to be valid.
13. Applicable law and place of jurisdiction
These GTC and all legal relationships between finra and the customer are subject exclusively to Swiss law, to the exclusion of international conflict-of-laws rules and of the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes is, to the extent permitted by law, the registered office of the provider in Buchs SG.