General Terms and Conditions (GTC) of Mecke & Partner GmbH

Subject matter of the contract, contractual performance and conclusion of the contract

These General Terms and Conditions apply to the provision of fiduciary, tax, social security and consulting services and form part of every contract between Mecke & Partner GmbH and the client. Deviations from these General Terms and Conditions require the express written confirmation by Mecke & Partner GmbH.

With their order to Mecke & Partner GmbH, the client confirms that they have read, understood and fully accepted these GTC in detail.

A contract is deemed to have been agreed if it has been accepted by an employee or another representative of Mecke & Partner GmbH. The form of the agreement is free, in particular orders made verbally or by telephone are valid.

The scope of the contractual service results from the respective order or from the services jointly agreed with the client and individually determined as well as the implied conduct on the part of the client. A contract is agreed at the latest, however, when documents are handed over to Mecke & Partner GmbH.

The range of services offered by Mecke & Partner GmbH can essentially be found on the homepage (www.mecke-partner.ch), but can go beyond this by agreement.

Mecke & Partner GmbH acts exclusively according to the instructions, based on the information given to it by the client. In all cases, Mecke & Partner GmbH reserves the right to impose the limits imposed by law and/or morality on Mecke & Partner GmbH. In urgent cases and if the client cannot be reached, Mecke & Partner GmbH can independently take measures which are in the presumed interest of the client.

Subsequent adjustments to the scope of services shall result in a change to the flat rate fee and, unless otherwise agreed, shall be charged at the effective hourly rate.

Neither the customer nor Mecke & Partner GmbH may assign or transfer the rights or obligations arising from the agreement to a third party without the written consent of the other party.

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Coorperation of the client

The client shall ensure that Mecke & Partner GmbH is provided with all necessary documents, instructions and information for the proper fulfilment of the contract in a timely manner. This obligation on the part of the client is valid for the entire duration of the contract. If the necessary instructions, documents and information are not available to Mecke & Partner GmbH in a timely manner, liability for the proper fulfilment of the contract is voided.

Mecke & Partner GmbH assumes that the information, documents, records and instructions provided are complete and correct and the client agrees to confirm this in writing at any time if required.

Mecke & Partner GmbH will not check documents and information provided for correctness or completeness unless otherwise agreed in writing.

The additional expenditure for the procurement of documents which have been made available to Mecke & Partner GmbH too late or incompletely will be invoiced in accordance with the agreed or usual hourly rates.

Upon delivery of the agreed documents or service, the client must check the results immediately and report any complaints within 10 days. If the complaint is justified, Mecke & Partner GmbH will remedy the error at its own expense.

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Exchange of information

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Unless otherwise agreed, Mecke & Partner GmbH communicates via e-mail. Confidential information will be exchanged via NextCloud. Upon request, the documents will be sent by post. In this case, a flat rate of 5% of the fee will be charged in addition.

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Fees

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If no flat-rate or periodic price has been agreed, or if additional services have been rendered under such agreements, the services rendered shall be charged at the usual hourly rate of CHF 180. The working time shall be invoiced at 15-minute intervals, whereby commenced 15 minutes shall be rounded up.

The client may request a fee estimation at any time. If this is not the case, Mecke & Partner GmbH shall be reimbursed for the services rendered in accordance with the invoice issued.

In addition to the fee claim, Mecke & Partner GmbH is entitled to reimbursement of expenses incurred, other expenses and third-party fees.

Cost estimates only represent an estimate of the expected expenses and are not binding. In the event of a deviation between estimated and actual expenses of more than 10%, Mecke & Partner GmbH will inform the client before the services are invoiced.

Payment of the invoice amount is due within 30 days of receipt, unless otherwise stated in the invoice. Mecke & Partner GmbH is entitled to charge CHF 20 for each reminder. An additional CHF 150 will be charged for a prosecution.

Mecke & Partner GmbH, as a consulting firm, may also receive fees from third parties in connection with brokerage activities, in particular from financial institutions such as insurance companies and banks. In case of appropriate remuneration paid by e.g. a financial institution, Mecke & Partner GmbH waives the right to invoice the client for these services. In return, the client waives payment or crediting of the fee to the invoices issued by Mecke & Partner GmbH.

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Termination and duration of contract

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The contract ends by fulfilment of the agreed services or by cancellation.

The client is entitled to cancel a contract at any time. In this case, the client must pay for the services provided by Mecke & Partner GmbH immediately after the invoice is issued.

Mecke & Partner GmbH reserves the right to terminate contracts without notice if the client does not fulfil their agreed commitments in due time, which are necessary for the successful execution of the contract. Mecke & Partner GmbH reserves the right to terminate the contract if further provisions of the contract are not complied with and/or if the client violates the GTC. In this case, the client must pay for the services provided by Mecke & Partner GmbH within 10 days of invoicing.

If the contract is cancelled by Mecke & Partner GmbH, any actions which are deemed reasonable and timely are to be carried out in any case in order to avoid damage or loss to the client.

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Warranty and limitation of liability

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The client shall support Mecke & Partner GmbH to a reasonable extent in the provision of the services. In particular, they shall provide Mecke & Partner GmbH with the necessary documents in a complete and timely manner.

If a contract has not been completed to the full satisfaction of the client, the right to rectification exists. Complaints and claims for rectification must be communicated to Mecke & Partner GmbH immediately. (see also "Cooperation of the client")

Any liability arising from the agreement between Mecke & Partner GmbH and the client is limited to the maximum fee owed. This limitation applies to any kind of damage, except for unlawful intent or gross negligence on the part of Mecke & Partner GmbH.
 

If the behaviour of the client is jointly responsible for the damage incurred, Mecke & Partner GmbH is released from liability. Incomplete, contradictory or delayed information and documentation (not exhaustive list) shall be considered as jointly responsible behaviour.

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Data back-up and archiving

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All data is backed up electronically. The entire IT infrastructure and all data centres are located in Switzerland, are FINMA RS 08/7 audited and have the highest security measures in place. If the client delivers original documents to Mecke & Partner GmbH, these will be scanned and returned by post for a fee.
 

Mecke & Partner GmbH keeps documents electronically for ten years. After expiration of this period, Mecke & Partner GmbH is entitled to delete the files.

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Confidentiality statement

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Mecke & Partner GmbH commits to treat all information provided verbally, in writing or on other data carriers as confidential and obliges its employees accordingly.

Confidential information can only be disclosed if the client releases Mecke & Partner GmbH from the obligation of secrecy or if it is authorised or requested to do so by provisions of Swiss or cantonal law.

The obligation to maintain confidentiality shall continue to apply even after termination of the contractual relationship.

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Severability clause

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Should these regulations or parts thereof be invalidated, 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.

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Applicable law and jurisdiction

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This contract shall be subject to Swiss law.

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For all disputes arising from this contract, the parties agree that the exclusive place of jurisdiction shall be the registered office of Mecke & Partner GmbH as indicated in the commercial register.

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