These General Terms and Conditions («GTC») form an integral part of the contracts concluded between the Client and Findea PLC (hereinafter «Findea») for the provision of fiduciary and consulting services (hereinafter «Individual Agreements»). Furthermore, these GTC 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 a deviation therefrom is expressly agreed in writing in the individual agreements. Changes to the fiduciary and consulting contract require the written, legally signed consent of the parties.
II. Fiduciary services of Findea
A. Contractual services
The object of the fiduciary and consulting order are the fiduciary and consulting services listed in the individual agreements or the agreed scope of services according to «Findea Online» (hereinafter «Contractual Services»).
B. Duties of Findea
1. Provision of the contractual services
Findea is obliged to perform the contractual services carefully and in compliance with the legal provisions. It acts according to the instructions of the client. The non-performance of contractual services due to unlawful or immoral instructions of the Customer remains reserved. In the absence of instructions by the Customer, 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 presumed interests of the client as far as possible. Findea shall inform the Client as soon as possible about the measures taken.
The Client shall designate a natural person authorized to give instructions to Findea by means of a written notification and shall provide Findea with a specimen document signed by this person. All instructions to Findea have to be given in writing, otherwise they are not considered as given. Instructions given by telephone shall be considered as given only after written notification. Findea may deviate from this regulation, especially in dealing with customers of «Findea Online».
2. Duty of disclosure and accountability
Findea is obligated to document its expenditures and to provide the Client with information about them at any time upon the Client's written request.
3. Duty of information and secrecy
Findea is authorized to inform the competent authorities about this contract in accordance with its legal obligations and to provide information about the mandate. Findea undertakes to maintain secrecy vis-à-vis other persons and companies for its employees and agents. The obligation of secrecy shall remain in force even after termination of the mandate.
C. Involvement of third parties
Findea is entitled to involve third parties for the fulfillment of its contractual obligations.
D. Cooperation of the client
The Customer shall ensure that Findea receives all documents and information required for the contractual services in due time.
The Client is responsible for the completeness, the conformity with the law and the businesslike justification of the submitted documents and receipts.
If the Customer fails to cooperate as required, no claims against Findea shall arise from 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.
Findea renders the agreed contractual services with due diligence. Findea is liable only for breaches of contract caused intentionally or by gross negligence. Any further liability based on contract or on any other legal ground is expressly excluded. If Findea has called in third parties for the fulfillment of the contractual services, Findea is only liable for their careful selection and instruction.
F. Risk bearing
Findea carries out its activities exclusively at the risk of the client. Findea does not incur any risks from the investment, the administration and the sale of the trust property. All relevant costs and other charges (depreciation, losses, etc.) are to be borne exclusively by the client.
G. Remuneration and default in payment
The Client is obliged to pay Findea a remuneration for the provision of the contractual services. The amount of the remuneration is calculated on the basis of the scope of services of Findea and the prices according to the website http://findea.ch. Findea is entitled to adjust the prices. Findea has to inform the Customer about possible price changes 30 days in advance.
If the payment of the fee or the legal deposit of the credit card is not made within the set period, the Customer is immediately in default. From the time of default, the client shall owe default interest in the amount of 5%. Offsetting of the invoiced amount against any claim of the Customer against Findea is not permitted. Findea has the right to refuse the performance of contractual services in case of default of payment. If the Customer is in default of payment of two monthly amounts, Findea reserves the right to restrict the functions of «Findea Online» for the Customer as far as legally permissible.
In case of termination of the contract, the Customer remains obligated to pay the remuneration for contractual services already rendered by Findea.
The Client undertakes to indemnify Findea for any damage that may arise from the mandate relationship.
I. Transfer of data to official partners of Findea
Findea is entitled to transfer customer data to official partners of Findea. The customer can suppress the transfer of data in the "Settings".
The present order may be terminated in writing by either party at any time.
The order does not expire upon the death, incapacity or bankruptcy of the client.
Findea is expressly granted the right of set-off to satisfy its claims.
L. Force majeure
If the timely performance by Findea or its third parties is impossible due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, cyber-attacks, strikes, nuclear accidents or reactor damage, Findea is released from the performance of the contractual services for the duration of the force majeure as well as for a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, Findea can withdraw from the contract. Findea has to refund to the Customer in full any payment already made 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.
If the user has used a password to access the website or has transmitted his/her e-mail address, he/she is responsible for keeping it as well as for its correctness.
The User guarantees the accuracy of the content of the data transmitted to the Operator, compliance with the law and the rights of third parties, as well as morality.
C. Contents and link
Findea does not guarantee the accuracy, completeness, reliability or quality of the published or transmitted information. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
Links to external websites (so-called External Links) serve as a mere reference to topics that might be helpful for the Users. The operator 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.
Findea is liable for damages resulting from access to its website (in particular for failures, interruptions and malfunctions) only if the User can prove gross negligence on its part. Findea is not liable for disturbances of the quality of access to the services of Findea due to force majeure or due to events for which Findea is not responsible, especially in case of failure of communication networks. The opening of files is at the risk of the User. Findea does not guarantee that the files are free of viruses or are not otherwise capable of causing damage to the computers of Users. The information published on the website does not constitute a solicitation, offer or recommendation to invest in any company or to make any other investment.
IV. Final provisions
A. Adaptation of the GTC
These GTC may be amended by Findea at any time. The new version comes into force immediately with publication on the website. For the client, the version of the GTC that was in force at the time of the conclusion of the contract shall apply. The client's or user's consent to the current version of the GTC remains reserved.
B. Salvatory 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 ordinary courts of the Canton of Zurich are agreed as the place of jurisdiction. However, the Agent shall be entitled, but not obliged, to bring the Client to justice at any other competent place, in particular at the Client's ordinary place of residence in Switzerland and abroad.