1.1. Any client who does not obtain the services of eCollect acting as a consumer, may register via the eCollect websites and apply for the opening of eCollect-Accounts in order to use the services described in these GTC.
1.3. In order to activate the eCollect-Accounts, the client shall complete the registration form and provide information, including data required for personal identification, about itself or its representatives, beneficial owners or control holders as well as its business activities. The client assures that all information is correct, accurate, up-to-date and complete.
1.4. The client shall keep the respective details up to date at all times and shall immediately indicate any changes or deviations in its eCollect-Accounts.
1.5. eCollect is obliged to establish the identity of the client. The eCollect-Accounts shall be made available to the client only in case all necessary information has been submitted and checked and approved by eCollect.
1.6. In the event of an incomplete registration or in the event of implausible or incorrect information, eCollect reserves the right to refuse the registration of a client, to cancel it immediately or to delete the client’s eCollect-Accounts after a reasonable period of time as well as to refuse its services.
1.7. At any time during the use of eCollect’s services, further information may be requested from the client in order to verify its identity or that of its representatives, the economic ownership or control of the business, to validate subsequently submitted information and to assess the risk associated with the contractual relationship.
Creation and management of eCollect-Accounts
2.1 After successful registration of the client, individual, service-related eCollect-Accounts shall be created and activated.
2.2 The client is provided with online access to its eCollect-Accounts via web application and software interface (API), enabling him to constantly monitor the progress of the service provision and the current status of the paid or collected or outstanding receivables as well as access to the individual file statements. In addition, the client is provided with a reporting tool for the visualization of various evaluations and statistics.
2.3 eCollect provides the client with technical support for the transfer of large amounts of data and their validation as well as for solving general problems regarding the use of the eCollect-Accounts and the use of the services offered.
3.1 Upon activation of the eCollect-Accounts, credit accounts shall be opened for the client. Incoming payments from customers of the client shall be credited to the respective account.
3.2 The credit accounts are used for offsetting and payout of realized receivables to the customer.
3.3 The existence of the credit accounts does not give rise to any additional costs for the client.
Invoicing and dunning procedure (payment reminder)
1.1. eCollect takes over the entering, creation, printing and dispatch of invoices for the client and the subsequent dunning procedure (payment reminder) in compliance with the respective national legal regulations.
1.2 Invoices and payment reminders shall generally be sent by post and/or e-mail on behalf of the client and simultaneously made available in an end customer application.
1.3 The invoices shall contain a request for payment as well.
1.4 Should no payment be made until the due date of a claim, a single-stage dunning procedure with a fixed flow and duration will be initiated against the respective customer in compliance with the statutory regulations.
Payment handling and processing
2.1 eCollect receives, allocates, processes and monitors individual customer payments as well as their payout to the client.
2.2 eCollect offers the customers of the client a selection of various payment methods via a third payment service provider specified by eCollect.
2.3 The incoming payments will be credited by eCollect to the client’s credit accounts for accounting and payout.
2.4 After offsetting, the received amounts will be transferred to the client’s bank account specified upon registration.
Customer communication and processing of disputes
3.1 eCollect takes over the entire invoice/receivables-related communication as well as the processing of disputes to the invoices issued and claims asserted.
3.2 eCollect is responsible for the customer communication on different communication channels and carries out the ongoing correspondence. Depending on the special requirements of the client, eCollect uses different workflows.
Installment payments and other payment agreements
eCollect takes over the conclusion, processing and monitoring of installment payments as well as other payment agreements, as far as this appears economically reasonable and appropriate in the individual case and corresponds to the specifications of the client.
Unpaid receivables of the client shall be taken to the collection procedure in case of an unsuccessful dunning after the invoicing. The collection of receivables including the associated remuneration and cost offsetting is regulated in more detail in Section V. of the GTC.
Cooperation of the client
6.1 The delivery of individual data records for invoicing shall be made to eCollect in electronic form.
6.2. The client shall provide eCollect with all documents required for the performance of the services. This includes information about the customer (first name and surname or company name and number, address) and – if available – contact data (email and phone number), bank data, as well as information regarding the contract (the subject matter, number and date of the contract), the amount, justification and origin of the claim and, if applicable, the course of the previous assertion of the receivable. Further information and documents will be provided by the client upon request without undue delay, but no later than 7 days after sending the request.
6.3. The client shall submit the customer, contact, claim and contract data required for the collection of the receivable by suitable means, e.g. via a secure software interface (API). eCollect shall provide an interface for this purpose together with documentation and precise data object descriptions.
6.4 The client must inspect its eCollect-Accounts regularly, at least once a week, in order to process any queries by eCollect employees, to transmit any additional necessary information or data, to take note of information on individual claims or to comment on any payment agreements offered.
6.5 After invoicing, the client shall refer its customers to eCollect in any invoice or claim related issue.
6.6. The client shall forward to eCollect any invoice or claim-related correspondence with customers received after the invoicing, immediately but no later than 72 hours after receipt of the correspondence.
6.7. The client shall inform eCollect of all payments made directly to it by the customer after the invoicing immediately, but no later than 72 hours after receipt of the payment.
6.8. There shall be no contractual relationship between eCollect and the client’s customers. The client is solely responsible for the legality of the legal transactions concluded with the customers and for the fulfillment of the contract and is liable for the fact that its claims against its customers are substantiated.
The remuneration for the provision of the services mentioned under Section IV. of the GTC is based on the current price rates published on the eCollect website.
Assignment of receivables
1.1 With the transfer of the respective outstanding amounts after invoicing and unsuccessful dunning procedure on the part of eCollect or with the client’s transfer of claims for collection, the client assigns the receivables and the associated claims against the respective customer to eCollect. eCollect accepts this assignment with the first action related to the fulfilment of the collection order but reserves the right to decline the assignment within a period of 1 (one) month after the assignment of the claim at its own discretion. The client can therefore not demand that eCollect accepts the assignment of the claims. Generally, titled claims may also be assigned.
1.2 The purpose of the assignment is the collection of the claims.
1.3 After the assignment of the receivables eCollect will assert and collect the receivables to be paid by the customer depending on the agreement either in its own name or in the name of the client as well as in the interest of the client, and will offset the collected amounts in accordance with the sequence specified under Section V. 9.1 of the GTC.
1.4 eCollect shall decide whether and which measures are to be taken or initiated within the scope of debt collection at its own discretion and in accordance with the relevant national statutory provisions.
Del credere risk
The parties agree that the collection and bad debt risk (del credere risk) in the internal relationship between the client and eCollect shall be borne in full by the client. This applies regardless of whether the uncollectibility of the claim is due to its nullity, lack of willingness to pay, inability to pay, fraudulent activities or other reasons.
Pre-judicial/ amicable collection procedure
3.1 As first, eCollect carries out the pre-judicial/ amicable collection of claims under private law, which are substantively justified and no longer dependent on counter-claims.
3.2. In general the collection of claims shall initially be performed by way of pre-judicial / amicable collection proceedings in the following form and at eCollect’s own legal discretion:
a) The principal claim and any existing additional charges (reminder costs, chargeback fees, expenses and other third-party costs) together with any due default interest at the statutory rate as well as the collection fees, expenses and further costs (collection remuneration), which arise with the progress of the proceedings, shall be asserted by eCollect against the customer, in accordance with the respective national statutory provisions, in writing per post or in text form via email.
b) The following further measures will be initiated by eCollect depending on the individual case: sending of further payment requests to the customer at various reminder or collection flow levels via various communication channels; processing of customer telephone calls; correspondence with the customer or the customer’s representatives and other third parties; obtaining and dispatching of documents requested by the customer (copies of invoices, contract copies, title copies, etc.); conclusion of installment and/or deferment agreements as well as their monitoring in accordance with the following provisions of these GTC; clarification of disputes of the customer in cooperation and, if necessary, in coordination with the client.
c) At the same time, eCollect keeps the client’s accounts in order to provide constant insight into the course of the collection procedures and to ensure that regular billing is carried out with the client.
3.3 eCollect arranges for the enrichment of the customer data, incl. address and contact data as well as the collection of creditworthiness information in compliance with the data protection regulations, for the purpose of debt collection depending on the debt status and at its own discretion.
3.4. eCollect is not bound to time constraints when rendering its services; in particular, eCollect is not liable if claims become irrecoverable in the course of processing due to insolvency, bankruptcy or similar events.
Legal / judicial collection procedure
4.1. If the pre-judicial / amicable collection procedure does not lead to the recovery of the asserted claims in the individual case, eCollect shall then initiate the legal collection procedure (i.e. depending on the national law, the legal collection or court proceedings) at its own expense, insofar as eCollect considers this to be economically reasonable. The client is not entitled to a claim for the initiation of proceedings by eCollect.
4.2. Should the involvement of a lawyer become necessary in the respective judicial proceedings, eCollect shall transfer of the mandate to contract lawyers selected by eCollect in those cases in which, at eCollects discretion, this appears to be economically reasonable. eCollect as holder of the claims shall grant the commissioned lawyer the necessary powers of attorney.
4.3. After the conclusion of any litigation proceedings, eCollect shall initiate the enforcement of any successful court orders and shall apply for the necessary enforcement or execution measures, if eCollect deems this to be economically reasonable.
5.1. Legally titled claims for which there are currently no reasonable prospects of realization, shall be taken over by eCollect into the monitoring procedure. No currently sufficient realization possibilities are available e.g., if: according to information already available or information obtained execution measures do not offer any prospect of success; the execution against the movable assets of the customer has remained wholly or partially fruitless; further execution measures currently do not offer any prospect of success or no further, short-term realization possibilities are discernible from the financial circumstances resulting from the asset information.
5.2 As part of the monitoring procedure, the customer is monitored over a long period and regular contact is made with the customer in order to collect the claim.
Deferment, installment payment, discounts, settlement
6.1 As part of the entire collection procedure, eCollect is responsible for the conclusion, processing and administration of instalment payment agreements and other payment agreements.
6.2. eCollect is entitled, at its dutiful discretion and taking into account the interests of the client, to independently conclude deferral or installment payment agreements with customers, insofar as this appears appropriate in the individual case.
6.3. The parties shall also reach mutual consent with regard to handling settlement/discount agreements. The client may determine the type and amount of permissible settlement/discount agreements. eCollect reserves the right to decide on its fees and costs as well as default interest.
Cooperation of the client
7.1 The client shall provide eCollect with all available documents and information necessary for the collection of the claim. The provisions of Section IV. 6 of the GTC shall apply accordingly.
7.2. After the assignment of claims to eCollect, the client, itself or through third parties, shall not actively communicate with customers with regard to the assigned claims.
7.3. Furthermore, the client shall not enter into any payment or installment payment agreements directly with customers with regard to the assigned claims.
Accounting of collected funds
8.1. In the relationship between the parties, all payments received in the overall collection process shall first be offset against 1. the principal claim, 2. the additional charges of the client, 3. the collection fees according to Sections V. 9.2 and V. 9.3 of the GTC (including default interest on the principal claim) and 4. other expenses of eCollect.
8.2. All payments made by the customer, irrespective of the way in which they were received, from the time of the assignment of the claim, shall be deemed payments within the meaning of Section V. 8.1 of the GTC. This includes all payments by the customer, in particular direct payments to the client, credit notes issued on the assigned claim as well as offset amounts accepted by the client with any other counterclaim of the customer.
Remuneration and cost accounting
9.1. Upon receipt of a payment, the credit-account of the client will be credited with the claims (main claims) and any related additional claims assigned to eCollect, including any associated additional charges, in the amount paid by the customer.
9.2. eCollect shall be entitled to all fees, expenses, other costs and default interest which exceed the principal claims and additional charges of the client and which are calculated in the collection procedure, unless the client has made an advance payment in this respect. The amount of the fees, expenses, other costs and default interest to be claimed by eCollect in the collection process from the client’s customers is based on the legal regulations applicable in the respective country of residence or the default residence of the customer.
9.3. eCollect shall receive 100 % of the default interest rate collected and these, together with the collection costs and expenses collected, represent its commission for success.
9.4. The fees, expenses and other costs incurred by eCollect in relation with its activities arise directly towards the customer or primarily towards the client, depending on the applicable national legal regulations. As a rule, these will be asserted against the customer. Alternatively, the client assigns to eCollect its right against the customer for reimbursement of all remuneration and costs incurred in connection with the collection of the claim in lieu of performance. The assignment shall be cancelled towards the customer once the reimbursement takes place. eCollect accepts the assignment.
9.5. eCollect is entitled to make a contractual agreement directly with the customer in its own name with regard to the reimbursement of costs.
9.6. If eCollect has initiated measures at its own discretion that go beyond the amicable collection of claims, the costs incurred in this respect shall be borne by eCollect. eCollect shall therefore be entitled to assert the lawyer’s fees against the customer in addition to the client’s claims and to have these fees reimbursed.
9.7. With the assignment, the right to collect receivables from the customer is transferred from the client to eCollect, so that eCollect is entitled to collect customer payments in its own name and to receive monetary amounts.
9.8. eCollect shall hold the collected receivables in trust until they are paid out to the client.
9.9. eCollect is entitled to deduct receivables based on the claims asserted according to Sections V. 10.3, 10.5 and 10.6 of the GTC from the credit balance of the client.
9.10. If the client violates one or more of the contractual obligations pursuant to Section V. 7 of the GTC., eCollect reserves the right to impose on the client the costs and expenses for each submitted claim and to set them off against the balance on its account.
9.11. With regard to any remuneration and costs in the event of contract termination or reassignment of claims to the client, the provisions of Sections V.10 and VII of the GTC shall apply mutatis mutandis.
Reassignment of claims to client
10.1. In principle, the client is not permitted to recall already assigned claims to eCollect.
10.2. The client shall inform eCollect without undue delay, if it subsequently becomes aware that a claim cannot be successfully collected.
10.3. In exceptional cases, if the client explicitly insists on recalling a claim, e.g. due to erroneous transfer of the claim, other agreement with the customer, direct payment of the claim to the client, eCollect shall be entitled to reassign the claim to the client at its own discretion; the client accepts such reassignment as of this moment. eCollect shall be entitled to invoice the client for all costs and remunerations incurred in connection with the collection of receivables in accordance with Sections V. 9.2 and 9.3 of the GTC.
10.4. The client may demand the reassignment of claims from eCollect within the last six months before expiry of the limitation period. eCollect shall decide at its own discretion whether to take further measures against the customer or whether to reassign the respective claims to the client. In the event of a reassignment, the client hereby accepts such reassignment and undertakes to assert all costs incurred in connection with the collection of the claims together with any judicial assertion of the claims made by him. eCollect shall not be responsible for the enforcement of the titling or time-barring.
10.5. If after the assignment of a claim eCollect finds out or is informed by the client that the claim is unfounded – including, but not limited to the event of revocation or withdrawal from the contract by the customer, an originally ineffectively concluded contract, settlement of or dispute of the claim prior to submission to eCollect, no default of the customer, termination of the contract etc., eCollect shall immediately reassign the respective claim to the client without incurring any costs and the client accepts the reassignment as of this moment. If this circumstance already existed at the time of submission and the timely knowledge of it was within the client’s sphere of influence or it should have expected it, eCollect reserves the right to to charge the client in such cases for the full amount of the costs incurred during the collection pursuant to Sections V. 9.2 and 9.3 of the GTC.
10.6. If, in other cases, the client or eCollect subsequently becomes aware of a reason why a claim cannot be successfully collected, such as, in particular, time-barred claim, insignificant claim, death of the customer, minority of the customer, existence of a criminal offence (e.g. misuse of bank or credit card data), lost court proceedings, eCollect shall also reassign the respective claim to the client without incurring costs and the client accepts the reassignment as of this moment. If this circumstance already existed at the time of submission and the timely knowledge of it was within the client’s sphere of influence or it should have expected it, eCollect reserves the right to charge the client in such cases for the full amount of the costs incurred during the collection according to Sections V. 9.2 and 9.3 of the GTC.
10.7. Should the claim reassignment and the charging of costs and remuneration to the client result in a negative balance of the client’s credit account, the outstanding amount are to be settled by the client.
10.8. A request for reassignment on the part of the client shall be made in text form by e-mail or by API with an exact description of the claims.
10.9. The reassignment of the claim to the client shall be made by eCollect in writing or text form by e-mail or API. The client shall notify the customer of the reassignment.
1.1. Both eCollect and the client undertake to treat as confidential all information and documents which are accessible in connection with the establishment of the business relationship and its execution and which are described as confidential or are clearly recognizable as business or trade secrets under other circumstances, and not to record them, pass them on or exploit them, unless this is necessary to achieve the purpose of the contract.
1.2. Both parties shall maintain confidentiality about all legal relationships, their contents and other confidential information for an unlimited period even after termination of the business relationship.
2.1. eCollect shall process any data submitted by the client within the scope of debt collection on its own responsibility. It shall strictly comply with the applicable data protection regulations, specifically the provisions of the Swiss Federal Act on Data Protection (DSG) as well as the Regulation (EU) 2016⁄679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR).
2.3 eCollect assures that, in accordance with the regulations of the GDPR, the necessary technical and organizational measures against loss, destruction, access, modification and distribution of personal data by unauthorized persons are being taken, which are suitable to ensure effective data protection in compliance with the data protection regulations in the area of general and automated processing of personal data as well as the use of network and telecommunication channels. The measures taken are state of the art,are regularly updated and adapted to the news in the eCollect system and periodically reviewed.
2.4. The employees involved in debt collection are obliged in writing to comply with the provisions of data protection regulations and to maintain telecommunications, banking and general business secrecy. For its part, eCollect is responsible for compliance with the statutory data protection regulations.
2.5. In addition, the client assures that it is legally entitled to transfer to third parties the personal data transmitted within the scope of the debt collection.
2.6. The client agrees that eCollect may transfer personal data to its subsidiaries and other external subcontractors commissioned by it for the purpose of executing business transactions and debt collection or grant them access to such data and commission the respective data processing insofar as this serves to fulfill the contractual obligations of eCollect and is in accordance with the DSG and GDPR. In doing so, eCollect shall obligate the respective subcontractor in writing to comply with the applicable data protection regulations and to maintain telecommunications, banking and general business secrecy.
2.7. eCollect may, if necessary and in compliance with the relevant statutory provisions, request relevant data for debt collection from credit -rating agencies and forward data resulting from the claim to credit-rating agencies.
2.8. Even after invoicing or the execution of the commercial default action as well as after completion of the collection procedure, eCollect keeps all receivables including all transmitted data or data resulting from the receivables management as well as invoices for the duration of legal retention periods available for retrieval by the client in his eCollect-Accounts in electronic form.
2.9. Insofar as claims against one customer are submitted for processing by several clients, the client agrees that the customer data obtained shall continue to be used in accordance with the above provisions.
2.10. If changes to data protection regulations or regulatory directives require other procedures, the above provisions shall be adapted in accordance with the respective requirements.