General Terms and Conditions

These General Terms and Conditions ("GTC") form an integral part of the contracts concluded between the client and Findea AG (hereinafter "Findea") for the provision of fiduciary, payroll and consulting services (hereinafter "Individual Agreements"). In addition, these GTC shall apply to any use of the website http://findea.ch (hereinafter "Website") and other access pages by the user.

The content of these GTC shall apply unless expressly agreed otherwise in writing in the individual agreements. Amendments to the fiduciary, salary and consultancy mandate require the written, legally signed consent of the parties.

A. Contractual services

The object of the fiduciary, payroll and consulting mandate is the fiduciary, payroll and consulting services listed in the individual agreements or the agreed scope of services in accordance with "Findea Online" (hereinafter "contractual services").

B. Obligations of Findea

1. Provision of contractual services

Findea is obliged to provide the contractual services carefully and in compliance with the statutory provisions. It shall act in accordance with the client's instructions. Findea reserves the right not to provide contractual services on the basis of unlawful or immoral instructions from the client. In the absence of instructions from the client, Findea is not obliged to act on its own initiative. In urgent cases, it may take measures on its own initiative, taking into account the client's presumed interests as far as possible. Findea shall inform the client of the measures taken as soon as possible.

The client shall designate a natural person authorised to give instructions to Findea. All instructions to Findea must be given in writing, otherwise they shall not be deemed to have been given. Accordingly, instructions by telephone shall only be deemed to have been given after written notification. E-mails sent to the person in charge of the mandate at Findea are also deemed to be written notification.

2. Duty to provide information and accountability

Findea is obliged to document its expenses and to provide the client with information about them at any time at the client's written request.

3. Duty to provide information and maintain confidentiality

Findea is authorised to inform the competent authorities about this agreement in accordance with its legal obligations and to provide information about the mandate. Findea undertakes to maintain confidentiality vis-à-vis other persons and companies on behalf of its employees and authorised representatives. The confidentiality obligation shall remain in force even after termination of the contractual relationship.

C. Involvement of third parties

Findea is entitled to call in third parties to fulfil its contractual obligations.

D. Participation of the client

The client shall ensure that Findea receives all documents and information required for the contractual services in good time.

The client is responsible for the completeness, legal conformity and business justification of the submitted documents and receipts.

If the client fails to cooperate as required, no claims against Findea shall arise from any contractual services not rendered as a result. Findea may make the continuation of the mandate dependent on the receipt of the above-mentioned information and documents.

E. Liability

Findea explicitly excludes any liability if the client does not fulfil its obligations to ensure the smooth provision of Findea's services. This includes in particular the fulfilment of information obligations, the timely, complete and correct forwarding of accounting documents and the prompt notification of deadlines. Liability for indirect damages and consequential damages is excluded in full. Liability for direct damages is limited to the sum of the services purchased by the client (subscription and add-ons). This limitation of liability does not apply to direct damages caused by gross negligence or intent. The client is obliged to report any damage to Findea immediately. Any liability for auxiliary persons is excluded in full.

F. Risk assumption

Findea carries out its activities exclusively at the risk of the client. Findea does not incur any risks from the investment, management and sale of the trust assets. All relevant costs and other charges (depreciation, losses, etc.) shall be borne exclusively by the client.

G. Remuneration and default of payment

The client is obliged to pay Findea a fee for the provision of the contractual services. The amount of the remuneration shall be calculated on the basis of the scope of Findea's services and the prices set out on the website http://findea.ch.

Findea is authorised to adjust the prices. It must inform the client of any price changes 30 days in advance.

If payment of the remuneration or the legitimate deposit of the credit card is not made within the set period, the client shall be in default immediately. In this case, the client shall be sent a reminder. The reminder fee is CHF 30 per reminder, to be paid with the next monthly payment.

From the time of default, the client shall owe default interest in the amount of 5%. The invoiced amount may not be offset against any claims of the client against Findea. Findea shall be entitled to refuse to provide contractual services in the event of default of payment. If the client is in arrears with the payment of two monthly amounts, Findea reserves the right to restrict the functions of "Findea Online" for the client to the extent permitted by law. Once the outstanding amount has been paid by the client, the functions of "Findea Online" will be reactivated for the client. Findea charges a fee of CHF 50 for this, which is payable with the next monthly payment.If the contract is terminated, the client remains obliged to pay Findea the remuneration for contractual services already rendered.

H. Indemnification

The client undertakes to indemnify Findea for any loss or damage arising from the client relationship.

I. Forwarding of data to official partners of Findea

Findea is authorized to forward data of the client to partner companies of Findea at the express request of the client in order to be able to use the services of the partner companies. This shall be done in compliance with data protection regulations and only within the scope of the agreed services. Findea's partners are obliged to maintain confidentiality.

J. Termination

This contract may be cancelled in writing by either party at any time.

The order shall not expire upon the death, incapacity to act or bankruptcy of the client.

K. Settlement

Findea is expressly granted the right of set-off to satisfy its claims.

L. Force majeure

If timely fulfilment by Findea or third parties engaged by Findea becomes impossible due to force majeure such as pandemics, natural disasters, earthquakes, volcanic eruptions, avalanches, storms, tempests, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, cyber attacks, strikes, nuclear accidents or reactor damage, Findea shall be released from the fulfilment of the contractual services for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, Findea may withdraw from the contract. Findea shall reimburse the client in full for any remuneration already paid for the non-performance of contractual services during the period of force majeure, including the start-up period.

Any further claims, in particular claims for damages due to force majeure, are excluded.

A. Password

If the user has used a password to access the "Findea online" platform or has provided his/her e-mail address, he/she is responsible for its safekeeping and accuracy.

B. Data

The user guarantees the correctness of the content of the data transmitted to the operator, compliance with the law and the rights of third parties as well as common decency.

C. Contents

Findea accepts no liability for the accuracy, completeness, reliability or quality of the information published or transmitted. Liability claims against Findea arising from the use or non-use of the information provided or from the use of incorrect or incomplete information are excluded.

D. Links

Links to external websites (so-called "external links") serve merely as a reference to topics that could be helpful to users. Findea has no control over the content of external links, which is why no liability is assumed for the content of such external links, including their accuracy, completeness, reliability or suitability for specific purposes. Illegal content will be removed immediately upon notification.

E. Exclusion of liability

Findea shall only be liable for damages arising from access to "Findea Online" (in particular for failures, interruptions and disruptions) if the user can prove gross negligence on its part. Findea shall not be liable for disruptions in the quality of access to Findea's services due to force majeure or due to events for which Findea is not responsible, in particular in the event of failure of communication networks. Opening files is at the risk of the user. Findea does not guarantee that the files are free of viruses or that they are not otherwise capable of causing damage to users' computers. The information published on the website does not constitute an invitation, offer or recommendation to participate in companies or to make other investments.

A. Adaptation of the GTC

These GTC may be amended by Findea at any time. The new version shall enter into force immediately upon publication on the website. The version of the GTC that was in force at the time the contract was concluded shall apply to the client. The client or user reserves the right to approve the current version of the GTC.

B. Severability clause

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining GTC.

C. Applicable law and place of jurisdiction

All legal relationships in connection with these GTC are subject to Swiss law. The exclusive place of jurisdiction is Winterthur.