General Terms and Conditions
Version January 2020
1. General Terms and Conditions
1.1 All legal transactions between the Principal and the Interval Security AG (thereafter referred to as Interval) shall be subject to these General Terms and Conditions. The version valid at the time of the Instruction shall be applicable.
1.2 Any conflicting General Terms and Conditions on the part of the Principal shall be invalid unless they have been explicitly accepted in writing by Interval.
1.3 The latest version of these General Terms and Conditions are made publicly available on internet and form an integral part of the contract/instruction. (www.interval.swiss)
2. Scope
2.1 The objective of Interval is to assist the Principal in his loss control efforts. The comments and suggestions Interval will make, are purely advisory and shall be based upon conditions observed and information made available at the time of the survey. While Interval shall endeavour to discover those unsafe conditions, which could contribute to an incident, it cannot be assumed that Interval detects every loss potential or hazard, nor does a report assure compliance with any federal, state, or local code or law.
2.2. The scope of each risk assessment or security consulting assignment shall be specified by the Principal upon instruction.
2.3 Interval is not automatically engaged for implementing corrective measures or to control the conditions after said measures were implemented by the assessed party.
2.4 The Principal can either be an individual entity or a group of underwriting parties that form a consortium. If the assignment is placed on behalf of a group of underwriters, the leading underwriter is deemed to be the Principal.
2.5 No contractual relationship of any kind shall exist between the Party to be Assessed (typically the Insured; thereafter referred to as the Assessed) and Interval, if the latter is appointed by underwriters to conduct a risk assessment.
2.6 Interval shall be entitled to subcontract, in whole or in part the services. Renumeration of subcontracted experts shall be paid by Interval.
3. Obligation to Provide Information
3.1 The Principal or the Instructing Party (typically the Insurance Broker) shall ensure that Interval receives all relevant information including loss reports, former survey reports and policy wordings together with the assignment.
3.2 The Assessed shall be obliged by the Principal to cooperate with Interval in the best possible way during and after the survey. The Assessed is asked to show Interval all relevant infrastructure, security measures and information subject to the risk assessment instructions.
4. Assignment
4.1 The instruction of Interval is made by e-mail and does not require a formal signature.
Interval is not obliged to verify title and authority of the Principal.
4.2. Interval is entitled to liaise directly with the Assessed or his local representation (fronting insurer/broker) to set-up the visit and define the time-schedule.
4.3. Following the acceptance of the assignment by Interval, the Principal automatically accepts to pay the renumeration and expenses that will result from the engagement, irrespective of the result of the risk assessment.
5. Reporting
5.1 Interval shall deliver the final report within two to four weeks after completion of the risk assessment survey.
5.2 Interval shall immediately inform the Principal on critical items that present a significant breach of security. Such notification can be made by phone or e-mail within 24 hours.
5.3. If not agreed or instructed otherwise, all documents shall be forwarded electronically via e-mail, secured with a password.
5.4. Interval shall not be bound by directives while performing the survey and shall be free to act at its own discretion and responsibility.
6. Protection of Information
6.1. The information collected and recorded during the risk assessment is confidential. Therefore, the Principal shall not be entitled to distribute these materials without the explicit consent of the Assessed.
6.2. The conclusion of the assessment together with the recommendations becomes property of the Principal and he may use these materials for risk considerations and to stipulate conditions in conjunction with the insurance coverage.
6.3. The questionnaire provided by Interval remains intellectual property of Interval and must only be used in conjunction with a professional evaluation by Interval.
7. Liability
7.1 In no event will Interval have any liability for any indirect, incidental or consequential damages arising in any way as a result of reliance on Intervals’ advice.
7.2 Interval shall be liable to the Principal for damages, only to the extent that these are the result of serious fault. Interval’s limit of liability is the amount of the compensation under this agreement.
8. Confidentiality
8.1 Interval shall maintain complete confidentiality concerning all business matters, especially security secrets, personal data of either the Principal or the Assessed.
8.2. Interval is entitled to process confidential data collected during a survey into a written report. Delivery of such a report to the Principal does not breach any confidentiality clause with the Assessed. Interval is not liable for misuse or negligent distribution of the risk assessment results by the Principal or any other party that is not engaged or subcontracted by Interval.
9. Compensation
9.1 Interval shall receive remuneration immediately after completion of the services. Interval shall be entitled to demand payment on account as required by the progress of the work. Remuneration shall be due and payable within 30 days after rendering accounts.
9.2 Any expenses for travel and accommodation shall be reimbursed in addition to the professional fees, upon submission of the appropriate receipts.
9.3. If not agreed otherwise CHF 1500,00 per working day (9 hours / day) will be charged. Value added taxes, where applicable, will be added.
9.4. If intermediate invoices are overdue, Interval shall be released from the commitment to provide further services.
9.5 The Principal agrees explicitly to accept invoices transmitted electronically by Interval
10. Final Provisions
10.1 If any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any contracts concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.
10.2 The contracting parties declare that all information contained in a Contract, concluded under these General Terms and Conditions, is accurate and made in good conscience.
10.3 This Contract terminates with completion of the services by Interval and full payment of the remuneration by the Principal.
10.4 Modifications of and amendments to any Contract, concluded under these General Terms and Conditions shall be made in writing.
10.5 Any Contract, concluded under these General Terms and Conditions, is governed by the substantive law of Switzerland excluding the conflict-of-law rules of international private law. Jurisdiction in all disputes is the court in Chur / Switzerland.