General terms and conditions for the online declaration of authors' own productions of sound recording
Authors (“members”) shall have the possibility to notify SUISA of own productions of sound recordings via the internet by means of an online form. The following General Terms and Conditions of Business ("GTCB") shall apply in addition to the provisions of the data protection declaration on the SUISA as well as Tariff PI and the rights administration agreement; together, they shall govern the notification process as well as the conditions for the relevant rights perception waiver.
A production shall only be deemed to be an own production in the sense of these GTCBs,
- if the member, or in the case of own productions of bands, the members carrying out the notification hold(s) 100% of all rights on the recorded works and
- if the member(s) is / are the producer(s) with the financial responsibility for the production, and either make(s) the sound recording him/herself, or have/has it made by a third party.
The member confirms to be the sole author of all recorded works and that no publisher, record label or any other external right holders are interested parties in these works.
Rights perception waiver
The member agrees that SUISA will not collect a licence fee for the sound recording production in question, contrary to the rights administration agreement.
Binding nature of the application
Delivery to SUISA shall only be deemed to be valid, once a printed and signed version of the online form is submitted to SUISA via mail, after the online form has been submitted. From that point in time, the application is being processed by SUISA and thus binding for the member. The member confirms that all details provided during the application process are correct. The member 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 details provided by the member, SUISA shall grant him/her a licence for the use of the works; this is subject to a simultaneous waiver by the member relating to his/her licence fees. The licence agreement between SUISA and the member shall be effective once the confirmation message is dispatched to the member (date of the postmark).
Identity and power of representation of the member
By sending the online form, the member 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 has to warrant to SUISA that he/she holds a proper power of attorney from the member. 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.
Use of member data (data protection)
SUISA is entitled to collect and process personal data relating to the member 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 member, his/her productions, the musical works used and the IP address. The member 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. As far as the membership is concerned, the data protection provisions of the rights administration agreement shall apply (item 6.3).
Availability of the application via online form
The member 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