General Terms and Conditions (GTC) and provisions relating to intellectual property

General Terms and Conditions as PDF

1. myclimate – Mission and policy 

1.1. The Swiss foundation myclimate - The Climate Protection Partnership - (hereinafter called myclimate) is committed to tackling climate protection around the world through education, counselling and offsetting greenhouse gas emissions with high-quality carbon offset projects. As a non-profit organisation, myclimate pursues these objectives in a science-based and business-oriented manner. myclimate carbon offset projects meet the highest internationally recognised standards of quality (CDM, Gold Standard). 

1.2. Carbon offset projects that are offered by myclimate for CO2 offset, reduce greenhouse gas emissions right at the source by replacing energy sources impacting negatively on the climate with clean energy sources. High transparency, verifiable emissions reductions over the entire project life cycle and maintaining the highest quality are a priority for myclimate. Projects in the fields of renewable energy and energy efficiency are supported. The specific project criteria and processes are all currently described on the website www.myclimate.org.

1.3. In the implementation of carbon offset projects, myclimate works closely together with experienced partners in the respective countries. These partners ensure that local projects are implemented professionally, and monitor their performance on a regular basis. 

2. Definitions

2.1. CDM: The Clean Development Mechanism (CDM) is a mechanism provided for by the Kyoto Protocol that allows industrialised countries to meet part of their agreed greenhouse gas reduction targets through carbon offset projects in developing countries. The CDM is also intended to assist developing countries on their way to sustainable development.

2.2. CER (Certified Emission Reduction): Certificates of emission reductions, issued in accordance with the criteria of the CDM.

2.3. CI/CD guidelines: The Corporate Design and Corporate Identity Directive regulates the use and application of the myclimate logo and labels. 

2.4. VER (Verified Emission Reduction): Certificates from emission reductions, verified at myclimate in accordance with the Gold Standard whenever possible and appropriate.

2.5. Gold Standard: The Gold Standard is a best practice label developed by over 60 environmental and development aid organisations. It is only awarded to carbon offset projects when these bring about high ecological and social benefits as well as long-term, effective, proven and additional emission reductions. 

2.6. Emission Reduction Certificates: Verified emission reductions from carbon offset projects, of which the project description (PDD) has been validated. Validation and verification will be conducted by a UNFCCC or Gold Standard accredited body.

2.7. Vintage: Period in which verification takes place.

2.8. CO2 equivalent: The CO2 equivalent shows how much a specified quantity of a greenhouse gas, e.g. CO2 methane or nitrous oxide, contributes to the greenhouse effect. The benchmark unit is CO2.

3. myclimate’s obligations: Guarantee, external audit and liability

3.1. myclimate selects its partner agencies and other service providers with all possible care, monitoring that providers are working with all possible care and according to the accepted rules of science and technology.

3.2. myclimate undertakes to contribute at least 80% of its donations to selected carbon offset projects to achieve emission reductions.

3.3. myclimate undertakes to generate, usually and unless otherwise agreed by the parties – no later than two years after receipt of the offset payments, the corresponding amount of emission reductions in the projects, and to set aside the emissions reduction certificates no later than three years in an internationally recognised registry (Gold Standard/National Emissions Trading Registry, as well as in the externally verified myclimate register). Ensuring the highest possible project quality, i.e. the best use of resources for effective, additional and sustainable projects has priority.

3.4. In the case of unforeseen delays or reduced generation of emission reductions in the selected projects, my climate guarantees, unless otherwise agreed by the parties, that the compensation is realised:

a) through certificates of the same vintage and same quality in another project, or 

b) through certificates in selected projects from a later vintage, or

c) through certificates from a later vintage of the same quality (e.g. Gold Standard by Gold Standard or CERs by CERs) in another project.

3.5. Force majeure: Neither of the parties is liable for non-fulfilment of one of the contractually agreed terms if this is due to a reason beyond their control or, in particular, is due to one of the following reasons: Fire, natural disasters, war, seizure, political unrest, general shortage of raw materials, restriction of energy consumption, strike. The same applies if a myclimate project partner is threatened by these circumstances and as a consequence cannot fulfil its contractual obligations.

3.6. myclimate provides no guarantee that the myclimate expertise is complete or free of shortcomings, or that it is without preconditions consistent with local laws and public regulations. No liability will be assumed for temporary lack of accessibility of specific software functionalities or impeded operation of the myclimate website and specific applications and functionalities.

3.7. Through its annual report, myclimate reports in detail each year on funds received, the application of funds and the emission reductions that have been realised through these. The respective annual reports are available for download on the website www.myclimate.org.

3.8. myclimate is not liable for the accuracy of information made accessible to clients by a certification organisation or a myclimate project partner.

4. Clients’ obligations: Payment

4.1. Invoices from myclimate are due within the specified period after receipt thereof. Discounts or other deductions are not granted.

4.2. Payments received after the due date are subject to a default interest of 5% p.a. without additional warning or notice demanding overdue payment.

4.3. Contributions for voluntary CO2 compensations from private individuals and under certain circum-stances also from business customers are seen as donations or as VAT-exempt services. The final price of all taxable provision of services is increased by the current VAT rate at any given time. The above is subject to changes and adjustments in VAT legislation.

5. Donation receipt

myclimate is recognised as a charitable organisation and can issue donors in Switzerland with receipts recognised by the tax office for donations. This is subject to change in tax legislation.

6. Licenses and usage rights

6.1. As part of each individual contract, myclimate allows the client a non-exclusive, non-transferable sub-license ("License") to use the trademark rights and any other myclimate business and service marks or names and any of the related standards for the production, distribution and marketing of climate neutral services and related products (overall expertise). The client accepts this license in accordance with these conditions.

6.2. The client is entitled to use the rights mentioned under 6.1 only in the way in which they are delineated in the current myclimate CI/CD guidelines. Any deviation from this representation of the trademark requires explicit prior written consent from myclimate.

6.3. The client is required to make the necessary changes to trademarks and related images and logos immediately upon notification of these from myclimate. Associated with this is the obligation furthermore to adapt all marketing materials to the new representations received from myclimate, at the client’s own expense and within six (6) months after appropriate written notice is received.

6.4. myclimate gives the client the right to make their contractual relationship known to third parties. It further grants the client the right to use myclimate’s own material in support of its services in their own communication media – in particular the website, the annual report or official press releases - and in doing so to use the myclimate trademark as defined by myclimate.

6.5. Unless the client has asserted a conflicting interest in writing, myclimate may call a client a reference client on its own website or in other media.

All references to myclimate on external communications must, if possible, be submitted to myclimate before publication. 

6.6. The client is aware that VAT taxable services ensue in the context of the use of trademarks and other rights.

7. Final provisions

7.1. In addition to the individual contract, only these terms and conditions apply for all business conducted between the client and myclimate. Conflicting general terms and conditions or contradictory changes require the express and written consent of myclimate.

7.2. If any individual provisions of these General Terms and Conditions should be or become ineffective, this will not affect the validity of the remaining provisions or the contracts concluded on the basis thereof. The ineffective provision shall be replaced by an effective provision that most closely serves the intent and purpose of the original provision.

7.3. Excluding conflict of laws, Swiss law is exclusively applicable to these general provisions and any additional integral parts of the contract.

7.4. The exclusive place of jurisdiction for all disputes arising between the parties from these general conditions or from any further integral parts of the contract is Zurich. 

Status: May 2010