General terms and conditions (GTC) of derfinanzplaner.ch GmbH
These General Terms and Conditions apply to the provision of financial and pension planning and investment advice. Insurance consulting, accounting, fiduciary, tax and consulting services by the company nanzplaner.ch GmbH to its customers, unless otherwise agreed in writing in individual cases or mandatory by law.
With his order to the company nanzplaner.ch GmbH, the customer confirms that he has read, understood and fully accepted these GTC in detail.
General contract content
The scope of the services to be rendered by the company nanzplaner.ch GmbH is determined by the order placed, usually within the framework of a written or verbal mandate agreement, as well as the implied conduct on the part of the customer.
Subject matter of the contract are the activities agreed in individual cases and to be carried out by the company nanzplaner.ch GmbH and not a guarantee for the occurrence of certain economic or other consequences/results. For this reason, the company nanzplaner.ch GmbH can not make any statements in the form of expectations, forecasts or recommendations in the sense of a guarantee of success regarding the occurrence of appropriate circumstances, regardless of the provision of certain work results.
The company of the nanzplaner.ch GmbH acts exclusively after the instructions of the client. It is not obliged to act on its own initiative without the instruction of the client. In urgent cases and if the client is not reachable, the company of nanzplaner.ch GmbH can take measures on its own initiative, whereby it should protect the presumed interests of the client in the best possible way.
The order shall be executed in accordance with the principles of proper professional practice and in accordance with the rules of the profession and the code of professional conduct applicable on a case-by-case basis.
Date specifications of the company nanzplaner.ch GmbH for the provision of services are considered general targets, unless they have been expressly agreed as a binding assurance in the sense of an expiration date. Official deadlines which can no longer be extended and which the company nanzplaner.ch GmbH has been commissioned to comply with shall be regarded as expiration dates if the company nanzplaner.ch GmbH is in possession of all necessary information and instructions for the corresponding input. If there is no expiration date, the performance delay of the agent due to exceeding the deadline occurs only after a single reminder and setting a reasonable grace period.
Reports, expert opinions, statements, presentations and the like shall not be binding until they have been legally signed. In the case of other work results, the obligation shall be recorded in the same manner in a corresponding final letter. Oral communications, interim reports and preliminary work results, the draft character of which is expressly recorded or results from the circumstances, may deviate considerably from the final result and are therefore non-binding.
Subsequent changes to the scope of services shall be subject to an appropriate adjustment of the agreed flat fee or cost ceiling. Unless expressly agreed otherwise, the adjustment shall be made in accordance with the effective additional expenditure of time.
If an order is given to the company of the nanzplaner.ch GmbH, it is generally only accepted when the company of the nanzplaner.ch GmbH expressly confirms or executes it. A tacit acceptance of an order is categorically rejected.
Cooperation of the customer
The customer ensures that the company nanzplaner.ch GmbH timely all necessary instructions, documents and information for the proper order fulfillment are available. This documentation and information obligation applies for the entire duration of the order. As far as the company derfinanzplaner.ch GmbH does not have the necessary instructions, documents and information available in time, a liability for the proper fulfilment of the order (as far as at all conceivable) is excluded. The company nanzplaner.ch GmbH assumes that the information, documents and instructions provided are complete and correct. The customer undertakes to confirm this in writing at any time if required. The company derfinanzplaner.ch GmbH does not check the correctness of documents and information provided. Other written agreements remain reserved. If the customer makes the documents available late or incompletely (for example, disordered tax documents and receipts), the company definanzplaner.ch GmbH is entitled to charge the additional expenses according to agreed or usual terms.
Supplementary provisions for accounting, fiduciary, tax and advisory services
The company of the nanzplaner.ch GmbH is authorized with the consultation in individual questions as well as in the case of the continuous consultation and/or with implementation mandates, to take as a basis the facts specified by the customer, in particular numbers and background information to business transactions, in addition, data to the economic authorization at asset values and over tax- correct declaration of assets as correct and complete. Unless otherwise stated by the customer, the company of nanzplaner.ch GmbH is entitled to assume that the customer is the beneficial owner of the assets which the company of nanzplaner.ch GmbH deals with on its behalf and that all of these assets have been declared tax correctly in the past
The consulting order does not include the actions necessary to meet deadlines, unless this is expressly agreed in writing between the parties. In this case, the customer must inform the company nanzplaner.ch GmbH of all instructions, documents and information essential for meeting deadlines in good time, so that the company derfinanzplaner.ch GmbH has a reasonable processing time at its disposal.
Exchange of information
The parties undertake to maintain secrecy regarding all confidential information and documents they receive in connection with the provision of services within the framework of the contractual relationships. All data concerning facts, methods and knowledge that are not obvious to third parties, not generally known or publicly accessible are described as confidential. The obligation to secrecy exists beyond the termination of the contractual relationship. This does not apply to information for which the client consents to disclosure or which is generally accessible independently of the contract. The parties may disclose information if required to do so by law, regulatory provisions or official orders. Information from the contractual relationship may also be disclosed where necessary in the event of judicial enforcement of fee claims.
The parties may use electronic media such as telephone and e-mail for their communication within the framework of the execution of the contractual relationship. Both parties are responsible for the security of their electronic communication and take appropriate security precautions. The parties are aware that there remains a residual risk with regard to security against viruses and timely, error-free, complete and confidential transmission. If the customer requires special security precautions such as password protection and encryption, this must be expressly stated in a written contract.
The company derfinanzplaner.ch GmbH may have the information that comes to its knowledge, in particular personal data, processed by third parties (right of substitution/subcontracting). The company derfinanzplaner.ch GmbH must ensure that the relevant persons are carefully selected, instructed and supervised. In particular, the company derfinanzplaner.ch GmbH must ensure that the relevant persons are obliged to maintain confidentiality to the same extent as they are and that they are aware of the other duties of the representative vis-à-vis the client, insofar as these are necessary for correct fulfilment.
Rights of protection and use
All protective rights such as intellectual property rights and licence rights to the work results, findings, developed or used know-how created by the company derfinanzplaner.ch GmbH within the framework of the contractual relationship are exclusively entitled to the company derfinanzplaner.ch GmbH. The same applies to the documents and products created by it within the framework of the execution of the contractual relationship. The customer is entitled to a non-exclusive, permanent and non-transferable right of use for the exclusive purpose of his own use of the work results created for him by the company derfinanzplaner.ch GmbH and handed over to him. The same applies to documents and products provided to derfinanzplaner.ch GmbH by the client. The passing on of work results, documents or products as well as technical statements of the company derfinanzplaner.ch GmbH to third parties by the customer is only permitted with the written consent of the company derfinanzplaner.ch GmbH. The customer may not make changes to documents, products and other work results of derfinanzplaner.ch GmbH outside its own use without the express consent of derfinanzplaner.ch GmbH. Excluded from this are modifications of documents, products and other work results. References to contractual relationships between the parties, in particular within the framework of advertising or as a reference, are only permitted with the mutual agreement of both parties. Without the prior written consent of the company derfinanzplaner.ch GmbH, the customer may not name, reproduce or otherwise use the name or logo of the company derfinanzplaner.ch GmbH.
Right of rectification
If a work result created by the company derfinanzplaner.ch GmbH does not correspond to the explicitly defined requirements of the customer, the company derfinanzplaner.ch GmbH is to be given the opportunity in advance to repair free of charge within a reasonable period of grace. A possible right to the reduction of the fee arises only, as far as the subsequent improvement was unsuccessful within a period, for reasons, which the company derfinanzplaner.ch GmbH has to answer for.
Fees and expenses
Unless expressly agreed otherwise, all activities of the company derfinanzplaner.ch GmbH are invoiced on the basis of time spent on hourly fees of at least 15 minutes, or according to other objective criteria. It is incumbent on the client to request a guideline offer from the company derfinanzplaner.ch GmbH. If this is omitted, the services rendered by the company derfinanzplaner.ch GmbH are to be remunerated within the framework of the invoice. The applicable fee rate is determined by the degree of difficulty, the significance and the responsibility associated with the order, as well as by the function level of the clerk. In addition to the fee claim, the company derfinanzplaner.ch GmbH is entitled to reimbursement of incurred expenses, other expenses and third-party fees (e.g. brokerage fees and commissions). Cost estimates are based on an estimate of the work that will necessarily be required in the future as part of the assignment. The starting point for such estimates is the information provided by the client. Consequently, such estimates are not binding for the definitive calculation of the fee. Cost estimates and other details of fees or expenses are inclusive of VAT and, unless expressly stated otherwise, in CHF. The company derfinanzplaner.ch GmbH can demand reasonable advances on fees and expenses, as well as individual or regular interim invoices for already performed activities and expenses. In the event that an advance payment is requested or an interim invoice is issued, it may make the provision of further services dependent on full payment of the amounts claimed. The customer may only set off counterclaims against fee and expense claims from the company derfinanzplaner.ch GmbH if these are undisputed or legally binding. Necessary or by the customer desired subsequent changes of the achievement contents lead to an appropriate adjustment of the fee.
Invoices are to be paid without deduction within 20 days to the account indicated by the company derfinanzplaner.ch GmbH. From the first request for payment and the associated increased manual effort, a reasonable turnover compensation can be charged which looks as follows:
1. payment reminder: CHF 10.00
2. payment reminder: CHF 20.00
Debt collection: CHF 180 default interest of 5%.
The company derfinanzplaner.ch GmbH can, as a consulting firm, also receive services in connection with an agency activity from third parties, in particular from financial institutions such as insurance companies and banks, which constitute components of an appropriate remuneration for the activity of the company derfinanzplaner.ch GmbH on behalf of the client. The customer waives this claim or credit to the fees owed by the company derfinanzplaner.ch GmbH. The client acknowledges that these services are not subject to a limit amount.
Liability for slight negligence is excluded. The company derfinanzplaner.ch GmbH is generally liable for the same care as the employee in the employment relationship (Art. 398 para. 1 OR). Apart from the liability for proper selection, instruction and supervision, it is not liable for actions of third parties which it has used to fulfil the contract. If the behavior of the customer is jointly responsible for the damage, the company derfinanzplaner.ch GmbH is released from liability. As co-responsible behavior are considered incomplete, contradictory or late information and documentation (enumeration is not exhaustive). Any direct liability of employees of the company derfinanzplaner.ch GmbH is excluded to the extent permitted by law. Employees of the company derfinanzplaner.ch GmbH can independently agree to this exclusion of liability even after termination of their activity for the company derfinanzplaner.ch GmbH. If tax representation has been agreed with the customer, the company derfinanzplaner.ch GmbH processes all enquiries from third parties, in particular the tax authorities. The associated expenses will be charged to the customer at hourly rates. If the customer expressly does not wish this, he must inform the company derfinanzplaner.ch GmbH immediately. In this case the company derfinanzplaner.ch GmbH rejects any liability for the client’s damage.
Termination of the contract and its consequences
The contract ends by fulfilment of the agreed services, by expiry of the agreed term or by revocation. An order concluded for an indefinite period may be revoked by either party at any time in writing and with immediate effect. Subject to these provisions on termination at any time in accordance with Art. 404 OR, the parties agree on a period of notice of 3 months, in each case to the end of a month, in the mutual interest of sufficient reaction time.
In the event of revocation or termination by the customer, the services rendered up to the time of termination of the contract shall be remunerated. The services rendered are to be paid on the basis of the effective hourly expenditure and the applicable hourly rates plus any expenses incurred. The company derfinanzplaner.ch GmbH is to be completely indemnified by the customer. If the contract is revoked by the company derfinanzplaner.ch GmbH, in order to avoid damage to the customer, those actions are to be carried out which are reasonable and do not tolerate delay. In the event of revocation at an untimely point in time, the revoking party undertakes to compensate the other party for the damage it incurs as a result of the termination of the contractual relationship at an untimely point in time.
Storage and handing over of work results and reference files
The company derfinanzplaner.ch GmbH shall keep the reference files for a period of ten years after termination of the contract. However, this obligation expires before the end of this period if the company derfinanzplaner.ch GmbH has requested the customer in writing to collect the reference files and the customer has not complied with this request within two months of receiving them. After ten years, the company derfinanzplaner.ch GmbH is entitled to destroy the files. If no tax representation has been agreed, the company derfinanzplaner.ch GmbH keeps only the direct tax declaration forms of the customers without enclosures for 10 years. All documents which the company derfinanzplaner.ch GmbH has received from or on behalf of the customer within the scope of its contractual activities belong to the reference files.
Changes to the range of services
We reserve the right to change the services offered, the fee basis, this and other agreements. Customers will be informed about changes of this kind in time, but it is incumbent on the customer to request an offer from the company derfinanzplaner.ch GmbH otherwise the provided fee will be accepted. Changes are considered approved and newly agreed if the customer continues to use the services of the company derfinanzplaner.ch GmbH.
Should these regulations or parts thereof be invalid, this shall not affect the validity of the remaining regulations. The ineffective provision shall be replaced by one that comes as close as possible to its economic purpose.
Applicable law and place of jurisdiction
This contract is subject to Swiss law.
For all disputes arising from this contract, the parties agree that the exclusive place of jurisdiction shall be the registered office of the company derfinanzplaner.ch GmbH as shown in the commercial register.
Information pursuant to Art. 45 ISA (Insurance Supervision Act)
In compliance with the statutory duty to provide information pursuant to Art. 45 ISA, derfinanzplaner.ch GmbH informs its customers as follows:
Identity and address
The company derfinanzplaner.ch GmbH, with its head office at Buonaserstrasse 9 in 6343 Rotkreuz, is registered under the registration number 33515 as an independent intermediary in the register of intermediaries of the Federal Office of Private Insurance.
Derfinanzplaner.ch acts as an intermediary for the offered companies. It thus forwards the applications received to the selected company, which then decides whether to accept or reject the requested transaction. The contractual relationship (rights and obligations) that begins with the application arises without exception between the customer and the chosen (insurance) company. Thus, only the provisions of the contracting party are valid in accordance with the laws and regulations. If information is concealed or incorrectly communicated when the contract is concluded, the insurer has the option of withdrawing from his obligation to pay benefits in the event of a claim.
derfinanzplaner.ch is compensated by the insurers with the usual market brokerage fees.
derfinanzplaner.ch is liable for damages resulting from negligence, errors or incorrect information during the consultation in connection with the business mediated by the company derfinanzplaner.ch GmbH.
The data of the clientele are treated confidentially byfinazplaner.ch for the support and for the current support, are kept safe and are used exclusively for the support. They will not be passed on to third parties. Exception: If these are needed for the assessment of the risk, for the examination of the applications, for the preparation of contracts or for quality assurance, thefinanzplaner.ch can obtain further information without further consent of the clientele and/or forward the known data to involved partners or make these accessible to the legally authorized control organs and official authorities.
Cooperation and contractual partners of derfinanzplaner.ch GmbH
derfinanzplaner.ch has a strategic partnership with the company Quaris Broker Services AG