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1. Scope of validity

The GTC apply to all services rendered by Lebara – whether for a fee or free of charge - in connection with the services distributed by Lebara GmbH. In case of discrepancies, the other contractual provisions such as order conditions, etc. shall be read in conjunction with the GTC. The currently valid and binding version of the GTC according to Section 11 hereafter is being published on the Internet at www.lebara.ch. A written copy can be obtained from Lebara.

2. Services provided by Lebara
Lebara cannot assume any guarantee for an uninterrupted or fault-free operation of its services, for specific transmission times or capacities, as well as for an absolute protection of its network against unauthorized access or interception. Lebara may at any time engage third parties for the fulfilment of a contract.

The Lebara Mobile SIM-Card (SIM-Card) can contain an initial credit that will be credited to the customer’s account. The credit can be increased at any time through the refill process via the means of payment designated by Lebara. Refill credits and other account credits shall not be reimbursed. Detailed information on the refill process is available at www.lebara.ch.

3. Customer obligations

The customer is obliged to keep Lebara continuously informed of his current personal data such as name and address and to notify Lebara of any changes in this respect without delay online or by post. The customer is in any event responsible for the use of his connection, the use of passwords, and for the availment of a service made available, in particular also for the dialling of numbers with increased charges and for any use by third parties. The customer shall treat confidential all contractual data such as his PIN code or PUK code as well as any other codes and passwords and in particular procures to store such data in a safe place and is not to provide access to anybody. In the event of failure to comply with such safety regulations, the customer shall be liable for any and all damage arising therefrom. The customer shall immediately inform Lebara of any unauthorized use or loss of any contractual data, or any SIM card.

4. Prices

The current and binding prices are published on the Internet at www.lebara.ch. The customer will be given due notice of price increases for services of Lebara, which can be implemented at any time and can be effective from any date. If the customer continues to use the service after the entry into force of changes in prices, the new prices will be considered as accepted. Tariffs for roaming and prices for value-added services, special services and short numbers may at any time be amended without an advance notice.

5. Conditions of payment

Services provided will be directly deducted from the customer’s credit. Should a third-party deny the prepayment made through the designated means of payment and the customer nevertheless have used services, then the customer shall be obliged to pay the invoiced amount at the latest by the due date stated on the invoice. The amounts owed from the use of value-added services and the like will be deducted from the customer’s credit respectively added to his invoice.

6. Data protection and confidentiality
Lebara undertakes to process customer data with care and to comply with the provisions of the data protection regulations. Lebara utilizes personal data for initial service application processes, the performance and fulfilment of the offered services in compliance with the agreement and the law, for the purposes of customer relations and for the development, design and for the offering of services in line with customers' needs. The customer may at any time forbid any processing of his data for marketing purposes. Accordingly, a notice stating the customer number can be submitted to: Lebara GmbH, Data Protection, Geschäftshaus Imperial, Thurgauerstrasse 54, 8050 Zurich. In case that Lebara renders services together with or via third parties – in Switzerland or abroad -, in particular calls to networks of other service providers, information services, roaming, WAP, SMS requests, info kiosk, etc, or if the customer receives services from third parties over the network of Lebara, Lebara may inform such third parties of data of its customers insofar as such information is necessary for the provision or execution of these services or for the collection of receivables. Attention is invited to the fact that the storing, processing and forwarding of personal data abroad may be subject to other laws than those applicable in Switzerland.

In connection with the processing of personal data, which is necessary for the conclusion or the execution of a contract, Lebara may exchange data with or transfer data to authorities or enterprises, which deal with fraud, legal interception, debt collection or credit information, if such exchange or transfer occurs in connection with the verification of credit-worthiness or in order to enforce claims. The customer notes that Lebara may exchange data regarding to provision of services including collection procedures.

Lebara may contact the customer by SMS, email or any other means from time to time in connection with the provision of the services.

7.Telephone and Internet abuse
When using the services of Lebara the customer is obliged to observe these GTC, any and all other contractual provisions as well as the legal regulations. These services must in particular not be abused for criminal activities. In particular, is also considered an abuse the reselling of services to third parties by a customer and/or the use of services in order to terminate calls on the network of Lebara by way of GSM-gateways or similar facilities.
Reselling may only occur upon the prior written consent of Lebara. Enterprises, which are affiliated with a customer are also considered third parties within the meaning of this clause. Section 10 of these GTC remains reserved.

8. Delivery of items and warranty

Items delivered to the customer remain the property of Lebara until payment of the purchase price has been made in full. The customer grants Lebara the right to enter a retention of title in the title-retention register. Lebara excludes to the extent permitted by law any warranty for purchased items and for accuracy, completeness and up-to-dateness of any information made available and assigns to the customer any and all of its claims against the manufacturer or supplier.

9. Liability of Lebara and indemnity of customer
Lebara undertakes to provide services to the customer with due care in accordance with the contract, these GTC and any other applicable contractual provisions between Lebara and the customer. In the event of claims, irrespective of their legal grounds, and in case of claims by the customer in connection with any warranties, Lebara shall assume liability for direct damage, which have been proximately caused by intent or gross negligence as well as in the case of personal injury. In case of damage  proximately caused by Lebara due to anything less than gross negligence, the latter shall be liable up to the amount of the service provided per year, in any event, however, up to a maximum of CHF 50’000.– per customer and year or the amount of money paid by the customer to Lebara in any 12 month period whichever is the greater. Liability for consequential damages,and lost profit – insofar as legally permissible – is excluded. Lebara assumes no responsibility for content or services created by or accessible at third parties. Lebara can therefore neither make any warranty or guarantee nor assume any liability for such content or services and/or quality and availability of the services.
The customer shall at all times indemnify and hold Lebara harmless from and against claims for loss, damage, costs and expenses howsoever arising (directly or indirectly) resulting from the customer’s breach of any provision of these GTC, use of services and/or any unauthorised or illegal acts or ommissions of the customer.
Lebara shall in no event be liable for any fraud or other crime, negligence or misrepresentation by the customer.

10. Commencement, termination, blocking

The contract commences with the acceptance by Lebara of the written order for a service.
In case of an order via the Internet, the contract commences once the customer has received the corresponding confirmation of contract from Lebara either in writing via e-mail or SMS. In any event, the contract commences when the customer uses the service in question. The contract is considered as cancelled when the service is blocked (e.g. deactivation, porting of number etc.). The right to immediately terminate the contract for due cause remains reserved. Lebara is entitled without further notice to suspend services at any time. For due cause (e.g., abuse according to Section 7 or non acceptance of the GTC), Lebara has the right to suspend any or all services and to terminate the corresponding contract(s) with the customer without notice. This particularly applies, in cases of abuse of the services, in the event that facilities of Lebara or partners/ service providers of Lebara are put at risk, in the event of credit limits being exceeded and in the event of doubt with regard to the customer’s solvency. In such cases, in lieu of terminating, Lebara may choose to block the service. In case of blocking or termination of a contract, the customer is fully liable for any and all damages. Should the SIM-Card not be used (neither for ingoing nor for outgoing calls) for a six-month period, it will be disconnected automatically and without further notice. The SIM-Card may be re-activated within three months of the disconnection. In this case, Lebara will be entitled to charge a processing fee. After the expiration of this period, the contract with the customer will be considered terminated. Any remaining credit will expire.

11. Change in the General Terms and Conditions and other contractual provisions

Lebara reserves the right to change the GTC and any other applicable contractual provisions (including pricing) between Lebara and the customer at any time. The customer will be given notice in a suitable manner of changes to the GTC. Should the customer continue to use the service after the entry into force of the new GTC, the new GTC will be considered as accepted.

12. Other agreements

The customer waives his right to set-off with respect to all claims against Lebara. Additional agreements and supplements to this contract, namely to this clause, must be in writing to be valid. The provisions of Section 11 of these GTC remain reserved. The customer is permitted to transfer rights and obligations arising from this contract to third parties only with the prior written consent of Lebara. Lebara is entitled to transfer this contract without the consent of the customer at any time.

13. Intellectual property rights

For the duration of the contractual relationship, Lebara grants the customer a non-transferable and non-exclusive right to use the services and products provided by Lebara in accordance with these GTC and the other contractual provisions. Lebara or the licensor fully retains the rights to all corresponding intellectual property rights. If a customer, in connection with this, infringes licensing rights of third parties and Lebara is held liable therefore, the customer shall hold Lebara harmless against any such claims.

14. Place of jurisdiction and applicable law

Substantive Swiss law shall apply to this contractual relationship to the exclusion of the Vienna Sales Contract Law (United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on April 11, 1980). Subject to mandatory places of jurisdiction under federal law, exclusive place of jurisdiction for all disputes arising out of this agreement is Zurich.