General terms and conditions of business for the application for a licence to use protected musical works via online form
The online form enables the music user ("customer") to make an online application for his/her events and productions with SUISA ("SUISA") and, against payment of a licence fee, to obtain the relevant licence. The following General Terms and Conditions of Business ("GTCB") shall apply in addition to the provisions of the data protection declaration on the SUISA website as well as the respective applicable tariff; together, they shall govern the declaration of music use subject to licences via online forms.
Binding nature of the application
The application has reached SUISA when the customer obtains a confirmation on the screen and via e-mail after having sent the online form. From that point in time, the application is being processed by SUISA and thus binding for the customer. The customer confirms that all details provided during the application process are correct. The customer shall be liable for any additional costs arising for SUISA due to incorrect or incomplete information.
Granting a licence
Online applications form a binding offer for the entry into a licence agreement with SUISA. Based on the information provided by the customer, SUISA shall grant him/her a licence for the work use. The licence agreement between SUISA and the customer shall be effective once the invoice is dispatched to the customer (date of the postmark). Licences for the music use requested by the customer via an online application are granted subject to the customer paying the invoiced licence fee and adhering to the payment deadlines mentioned on the invoice
It is generally not possible to revoke an application after it has reached SUISA. If, however, it emerges after such a point in time that the music use declared by the customer really has not taken place or cannot take place, SUISA shall be prepared to cancel the application in exceptional cases. Such a cancellation process shall, however, only be possible as a gesture of goodwill. In order to proceed with such a revocation, the customer must contact SUISA in writing.
Identity and power of representation of the customer
By sending the online form, the customer confirms that the information provided about himself is accurate and truthful. Where someone else is making the application as a representative of the customer, he/she will have to warrant to SUISA that he/she holds a proper power of attorney from the customer. Should the agreement not materialise due to a lack of a power of attorney, the person carrying out the application is obliged to fulfil the agreement and/or pay damage for non-fulfilment of the terms of the agreement. It is prohibited to send in fictitious applications or applications under a false name; such applications may result in civil as well as criminal proceedings.
Should the customer already have a framework agreement governing the licensing of his music uses with SUISA, the framework agreement, including its general contractual terms and conditions shall, in case there are differences between the two, have priority over the General Terms and Conditions of Business in question. Otherwise, these General Terms and Conditions of Business shall become an integral part of the framework agreement.
Requirements and reservations
Depending on the tariff, specific requirements shall apply. They must be fulfilled in order for a licence to be granted. Such requirements and reservations, as well as any other restrictions to the scope of the licence and repertoire can be found in the relevant tariff, where they are listed under "exceptions" and/or "reservations". The customer confirms that he has read such provisions in the relevant tariff and that he accepts them.
Use of customer data (data protection)
SUISA is entitled to collect and process personal data relating to the customer for all purposes in connection with the performance of this agreement as well as for statistical and scientific purposes, and to provide them to domestic and foreign third parties in an anonymised form in this context. Personal data shall be particularly details on the customer, his/her events and productions, the music works used, as well as invoices, payments and the IP address. The customer agrees specifically that SUISA holds a file on him/her in connection with the data processing mentioned above, where personal data are stored in databases. This permission shall also extend to countries where no adequate protection, corresponding to Swiss data protection provisions can be ensured. Pursuant to Art. 51 para. 2 Swiss Copyright Act SUISA commits to safeguard trade secrets of its customers.
Availability of the application via online form
The customer acknowledges that the use of the application process via online forms may be restricted or not available at all due to technical reasons (e.g. due to maintenance). SUISA is not obliged to provide the option for applications via online forms at all times.
Swiss law shall apply for the application via online forms and the resulting licence agreement.
Zurich, 31 October 2016