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Version adopted in June 2012
1. Scope of application and validity
The Special Terms and Conditions for the SuisseID Mobile Service (hereafter: Mobile STC) shall supplement the General Terms and Conditions of Business of SuisseID, SwissSign Platinum Certificates, (hereafter: SuisseID GTC) and shall regulate the mobile usage of SuisseID in relation to the SuisseID Mobile Service (hereafter: Mobile Service). The customers (hereafter: Customers) have accepted the SuisseID GTC in ordering the SuisseID.
1.2 The Mobile STC constitute an integral part of the contract concluded between SwissSign AG (hereafter: SwissSign) and its Customers. The Mobile STC shall apply for all Customers in receipt of the Mobile Service.
1.3 Within the scope of the Mobile Service, the Mobile STC shall take precedence over any terms contained in the SuisseID GTC with contrary effect.
1.4 DThe express acceptance of the Mobile STC shall be a prerequisite for the order, activation, administration and use of the Mobile Service.
1.5 The Mobile STC and the SuisseID GTC are published on the corresponding websites of SwissSign (www.postsuisseid.ch).
2.1 The following prerequisites must be met in order to be able to activate and use the Mobile Service:
2.1.1 the Customer is the holder of a valid SuisseID;
2.1.2 the Customer has access to a device for connection to SuisseID (e.g. internal or external card reader, SwissSign SwissStick, SuisseID USB stick, etc.) via a computer that is appropriate for that purpose (e.g. PC, notebook etc.);
2.1.3 the Customer has access to a mobile telephone (including SIM card, number and contract with a mobile network operator);
2.1.4 the Customer has ordered and paid for the Mobile Service and has been successfully registered and activated;
2.1.5 the Customer has inserted the information required for usage into the SuisseID administration portal; this includes:
188.8.131.52 ea freely-chosen personal password;
184.108.40.206 the number of a mobile telephone available to the Customer to which the SMS code may be sent;
2.1.6 the Customer has access to a computer (e.g. PC, notebook, tablet, smart phone etc.). The relevant applicable system requirements are published on the website of www.postsuisseid.ch.
2.2 The Customer shall ensure fulfilment of the prerequisites laid down in clause 2.1 at his or her own cost and risk. The charges for the Mobile Service constitute remuneration exclusively for the Mobile Service.
2.3 The Mobile Service may no longer be used following expiry of the SuisseID or revocation of the certificates associated with SuisseID.
2.4 The Mobile Service may be limited to Customers that have concluded contracts with Swiss mobile network operators.
3. Services offered
3.1 The particular services offered for the Mobile Service of SuisseID may be consulted on the relevant webpage of SwissSign.
3.2 The services offered may be altered at any time. By administering and using the Mobile Service, the Customer acknowledges the relevant services offered.
3.3 The webpages of third party providers set up for the Mobile Service do not form part of the services offered by SwissSign.
4.1 The Mobile Service is based on SuisseID. Its functions must be distinguished from those of SuisseID. In particular, the Mobile Service offers a mobile option for secure login ("Strong Authentication") on the webpages set up for that purpose without any requirement to access SuisseID on the device through which the webpage is accessed and without any requirement to install additional hardware or software on that device.
4.2 A legally valid digital signature cannot be applied through the Mobile Service. Nevertheless, it may be possible to conclude transactions through the Mobile Service on the webpages set up for that purpose. Any such transactions are concluded under the sole responsibility of the Customer.
5. Means of identification (self-identification)
5.1 The login on webpages set up for the Mobile Service occurs in two stages.
5.1.1 First, the entry of the username and password will, following their examination by the identification system, trigger the dispatch of an SMS code to the mobile telephone number recorded in the system.
5.1.2 After entering the SMS code, the password protected areas of the webpage may be freely accessed.
5.2 Access to the webpages set up for the Mobile Service shall be provided to any person who has established his or her identity by entering username, password and the SMS code sent.
5.3 Any person who establishes his or her identity on a webpage set up for that purpose in accordance with clause 5.2 shall be deemed by the operator of the webpage and by SwissSign to be the person entitled to use the Mobile Service. This shall also apply in the event that the person entering the information is not actually the entitled person. The Customer shall recognise all transactions concluded using his or her means of identification.
5.4 SwissSign and the operator of webpages set up for the Mobile Service shall be entitled at any time and without stating reasons to refuse identification via the Mobile Service and to insist on other forms of identification.
6. Duties of care and cooperation of the Customer
6.1 The duties of care and cooperation laid down in clause 6 of the SuisseID GTC shall likewise apply mutatis mutandis for the Mobile Service.
6.2 In addition, the Customer shall:
6.2.1 carefully protect the SIM card set up for the mobile telephone number recorded against unauthorised access and block the mobile telephone used with the SIM card with a password;
6.2.2 select the password with care (no telephone numbers, dates of birth, number plates etc.) and change it regularly.
6.2.3 protect his or her means of identification from disclosure to or access by unauthorised third parties, and in particular refrain from saving them in unencrypted form on the mobile telephone;
6.2.4 in the event of the loss of the SIM card set up for the mobile telephone number recorded or of the telephone in question, promptly deactivate the number concerned for the Mobile Service through the SuisseID administration portal. It is recommended that a new SIM card is used in the event that the previous one is found.
6.2.5 inform SwissSign promptly in the event that third parties may have become aware of the username and password and the Customer is unable to alter them promptly through the SuisseID administration portal. In case of need, access may also be blocked after the incorrect password is entered on three successive occasions.
6.3 The Customer acknowledges that the use of the Mobile Service does not require the installation of any software or certificates on the Customer devices and that consequently he or she will never be asked by Mobile Service to install any software or certificates on his or her devices.
6.4 The Customer acknowledges that the transfer of data by SMS does not enable protected transmission. In particular, there is a risk that data may be intercepted and viewed by third parties, thereby enabling an inference that the Mobile Service is being used and of a contractual relationship with SwissSign. Reference is expressly made to the risk of viruses and targeted hacker attacks.
7. No warranty
7.1 SwissSign does not provide any guarantee and will not accept any liability for the precise, reliable, error-free and uninterrupted operation of the Mobile Service or the webpages set up by third parties for the Mobile Service.
8. No liability
8.1 SwissSign excludes any liability for damage or consequential losses arising as a result of the use of the Mobile Service or in relation to such use. In particular, SwissSign shall bear no liability for minor negligence, indirect losses or consequential losses. In addition, SwissSign refuses any liability for manipulations to the mobile telephone used for the Mobile Service. This shall apply in particular in the event that data is stolen by third parties (e.g. by viruses, malware, Trojans, social engineering attacks, the eavesdropping of mobile telecommunications etc.).
8.2 SwissSign shall furthermore bear no liability for losses attributable to a breach of the Customer's duties of care and cooperation. Finally, SwissSign shall bear no liability for the orderly operation of third party systems, including in particular of the internet, or of software and hardware used by the Customer.
8.3 The Customer acknowledges that the provisions governing liability in the Swiss Federal Act on Electronic Signatures (ESigA) are not applicable to the Mobile Service.
8.4 SwissSign shall bear no liability for the validity of transactions concluded with the assistance of the Mobile Service.
9. Contractual term / termination of the contract
9.1 The contract for the Mobile Service shall be concluded for a term specified in advance.
9.2 The term shall be dependent upon the validity period of the certificates, such that e.g. any declaration that the certificates are invalid shall automatically also result in the termination of the Mobile Service contract.
9.3 The dissolution of the SuisseID contract – on any grounds whatsoever – shall automatically entail the termination of the Mobile Service contract.
9.4 In the event of early termination, any unpaid charges shall continue to be owed. Any charges that have already been paid shall accrue to SwissSign, unless SwissSign gave cause for the termination of the contract on account of its actions in breach of the law.
10. Involvement of third parties
10.1 SwissSign may involve third parties at any time in relation to the provision and processing of the Mobile Service, including in particular for the generation and transmission of the SMS code. In addition, identification on the websites set up for the Mobile Service shall require a transaction-related cross-check of the login data with the operator.
10.2 SwissSign shall be entitled to process the order and in particular payment transactions through group companies associated with it (e.g. Swiss Post).
10.3 The Customer acknowledges that the data required for the order and operation of the Mobile Service may be disclosed to the relevant service partners of SwissSign for the purpose of the provision of these services.
11. Amendments and supplements
11.1 The present Mobile STC may only be amended or supplemented with the approval of the Customer.
11.2 In ordering, activating, administering and actually using the Mobile Service, the Customer accepts the relevant applicable Mobile STC Service. Until acceptance by the Customer, the most recently accepted version shall apply.
12. SwissSign contact address
SwissSign AG, Glattbrugg, 06.06.2012 (V1.0)
„SuisseID“ (fig.)is a registered trade mark of the Swiss State Secretariat for Economic Affairs SECO (CH trade mark no. 596 114)