General Terms and Conditions (AGB)

0. preamble

These General Terms and Conditions (hereinafter "GTC") govern the contractual relationship between SML Connect AG, CHE-136.380.864, Sihlbruggstrasse 105, 6340 Baar, Switzerland (hereinafter "SML Connect"), and natural or legal persons who use the "e-debtdebt collection extract" platform (hereinafter "Users"). The platform enables the digital application for debt collection register extracts and - in combination with this - the ordering of CRIF creditworthiness certificates.

1. scope and subject matter of the contract

These GTC apply to all use of the Platform and to all services provided or brokered by SML Connect, unless otherwise agreed in writing.
Orders are only permitted for persons / companies with a residential or registered address in Switzerland; orders from abroad will not be accepted.
SML Connect acts purely as an intermediary vis-à-vis the debt collection offices and CRIF AG and does not issue the requested documents itself.
SML Connect provides its services on the best possible basis, but does not guarantee availability, speed or specific results; users are not entitled to a specific processing time or guaranteed delivery.

2. definitions

Extract from the debt collection register: Official document pursuant to Art. 8a SchKG, issued by the competent cantonal debt collection office.
CRIF creditworthiness certificate: A certificate from CRIF AG that can be ordered additionally on request, which provides a compact creditworthiness assessment and can be used as independent proof of creditworthiness, for example for housing or loan applications.
Platform: The web application and infrastructure operated at e-betreibungsauszug.ch.

3. conditions of use

Users must be at least 18 years old.
Users must upload a valid official identification document (Swiss passport, identity card, valid foreigner's or driver's license). The identification document is required to authorize SML Connect to order the debt collection register extract on behalf of the user as part of a power of attorney.
Legal entities may only act through authorized signatories entered in the commercial register; the authorization of third parties is excluded.
A permanent customer account is not set up; each order is placed using a form and a one-off upload. Transmitted ID data, debt collection register extracts and electronic signatures are deleted after completion of the order in accordance with our privacy policy.

4 Conclusion of contract and ordering process

Sending the online order form is considered a binding offer by the user to conclude a contract.
The contract is concluded as soon as SML Connect confirms receipt of the order electronically.
After dispatch, the order is irrevocable; a right of revocation or return is expressly excluded.
If the order is rejected by the debt collection office (e.g. due to incorrect information), the service is deemed to have been provided; the user must place a new order if necessary.

4.1 Purchase on account with installment facility (POWERPAY)

MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

Upon conclusion of the purchase contract, POWERPAY will assume the invoice claim and process the corresponding payment modalities. When purchasing on account, you accept POWERPAY's GTC in addition to our GTC.

5 Prices and terms of payment

All prices are quoted in Swiss francs (CHF) including VAT.
Accepted means of payment are: Purchase on account (POWERPAY from MF Group), TWINT, credit cards (Visa, Mastercard, American Express) and PostFinance Card / PostFinance Pay.
By selecting the payment method, the user also accepts the terms and conditions of the respective payment service provider.
SML Connect does not charge any additional surcharges or transaction fees.

6. rejection and fees for rejections

A debt enforcement office may refuse an order, in particular due to:

incomplete or incorrect information (e.g. name, address)
illegible or invalid identity documents
no official confirmation of residence at the specified location

If an order is rejected, the original order is deemed to have been completed; a refund of costs is excluded.

7. provision of services and delivery deadlines

SML Connect transmits the debt collection register excerpt as a PDF file exclusively as an e-mail attachment to the address specified in the order form after it has been issued by the debt collection office.
Standard processing time: Generally within 24 hours (working days), in individual cases up to 3-4 working days; delays caused by debt collection offices are beyond the control of SML Connect.
The CRIF creditworthiness certificate is usually delivered by CRIF AG within one working day of receipt of the extract from the debt collection register.

8. transmission to CRIF AG

When ordering the CRIF Creditworthiness Certificate, the User expressly grants SML Connect consent to transmit the extract from the debt collection register to CRIF Ltd.
The user also accepts the GTC and data protection provisions of CRIF AG.
CRIF AG is responsible for the content and preparation of the creditworthiness certificate.

9 Obligations of the user

The user bears full responsibility for the accuracy and completeness of the data entered.
In the event of changes (e.g. change of name or address), a new order is required.
The platform may only be used in your own name.

10 Liability and warranty

To the extent permitted by law, SML Connect shall not be liable for slight negligence, loss of profit, loss of data or indirect or consequential damage.
No liability is accepted in particular for incorrect information provided by the user, delays or rejections by debt collection offices or CRIF AG as well as technical faults, maintenance work, force majeure or cyber attacks.
Liability for auxiliary persons pursuant to Art. 101 OR is completely excluded.
Mandatory liability for intent, gross negligence or under product liability law remains reserved.

11. force majeurs

SML Connect shall not be liable for impediments to performance, delays or interruptions caused by force majeure events (natural disasters, pandemics, official orders, strikes, power/internet outages, cyber attacks).

12 Intellectual property

All contents of the platform (texts, graphics, logos, software, etc.) are protected by copyright.
Any use outside of the intended ordering process - in particular the use of logos for marketing purposes - requires the written consent of SML Connect.

13. newsletter and marketing

Users agree to be informed by e-mail about similar or supplementary offers after placing an order (opt-out). Each newsletter e-mail contains a link to unsubscribe immediately.

14. data protection

SML Connect processes personal data in accordance with revDSG and - where applicable - the GDPR.
Details can be found in the privacy policy, which forms an integral part of these GTC.

15 Amendments to the GTC

SML Connect may amend these GTC at any time; the current version will be published on the Platform.
Changes come into force immediately for all orders from the date of publication.

16 Arbitration, place of jurisdiction and applicable law

In the event of disputes, the parties first seek amicable mediation in Baar, Canton Zug.
The exclusive place of jurisdiction is Baar, Canton of Zug, Switzerland.
Swiss substantive law shall apply exclusively, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.

17. severability clause

Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with a valid provision that comes closest to the economic purpose of the original provision.

Version 1.1 - valid from June 18, 2025