1. Scope of application
These General Terms and Conditions of Business ("GTCs") apply to the business division of Findea AG (hereinafter, "Operator"), which offers the services on the online platform Taxea.ch (hereinafter, "Platform"). Findea AG operates an online tax consultancy service with the Taxea.ch Platform. These GTCs apply to all services and contractual relationships resulting from the use of the Taxea.ch Platform.
2. Conclusion of contract
The conclusion of a contract enters into force through the confirmation of the acceptance of the customer's services. Furthermore, a contract is concluded if the customer makes use of the services offered by the Operator or purchases or uses products of the Operator.
Subject to other offers or price representations, all prices are in Swiss francs (CHF) and exclusive of value-added tax (exclusive of VAT).
The Operator reserves the right to change the prices at any time. The prices on the website www.taxea.ch valid at the time of the conclusion of a contract shall apply. For the customer, the prices valid at the time of the conclusion of a contract shall apply.
The customer is obligated to pay the invoiced amount within 30 days of the invoice date, unless the customer has already paid the amount during the ordering process via credit card, Paypal or other payment systems.
If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not pay the invoice within the set reminder period, he or she shall automatically be in default. From the time of default, the customer shall owe default interest in the amount of 5%.
The operator reserves the right to demand prepayment at any time without giving reasons, and it is not permitted to offset the invoiced amount against any claims the customer may have against the operator. The Operator has the right to refuse delivery or service provision in the event of late payment.
5. Obligations of the operator
5.1. Provision of services
Unless otherwise agreed, the operator shall fulfil its obligation by providing the agreed service. The service offering includes the services that are or were published online under the particular service package at the time of the conclusion of the contract, along with any additional services purchased via the Platform. If no other provisions are agreed, the place of performance is the registered office of the Operator.
5.2. Auxiliary persons
The parties have the express right to call in auxiliary persons to perform their contractual obligations. They must ensure that the involvement of auxiliary persons is carried out in compliance with all mandatory legal provisions and any collective employment agreements.
6. Duties of the customer
The customer is fully responsible for the secure storage of his or her access data and passwords. The customer himself or herself is responsible for the content of the data and information collected.
By accepting the present GTCs, the customer confirms that he or she has unlimited capacity to act and is of full age. By registering, the customer expressly declares that all information provided is true, up-to-date and in conformity with the rights of third parties, morality and the law.
Furthermore, the customer is obligated to cooperate comprehensively and promptly. He or she must provide or upload to the Operator any and all documents required by the Platform in connection with the provision of services or the ordering process, in full and correct content. The Operator assumes that the information and documents provided are correct and complete and comply with the statutory duties to cooperate and provide information under tax law. The Operator is responsible for checking the accuracy and correctness of information, documents and figures provided by the customer only if this has been agreed in writing in advance.
By completing the ordering process on the Platform, the customer confirms that all the information required for a complete and correct tax return has been provided and that the relevant documents have already been uploaded on the Platform, or at least their absence from the ordering process has been communicated on the Platform. Such documents must be submitted within a reasonable time. The customer shall bear the consequences of any subsequent submission of required documents.
By completing the ordering process on the Platform, the customer also confirms that all assets have been declared.
The customer is aware that the Operator does not accept any responsibility whatsoever for lost tax deductions or any additional tax burden if this is due to incomplete or incorrect information provided by the customer. In order to check the correctness of the tax bill or the assessment decision, the Operator must be sent the assessment decision via the Platform within ten days of receipt.
The review of the tax assessment is included in the Business and Prime packages; in the Basic package this service must be paid for separately.
7. Data transfer to our official partners
Taxea.ch offers you the opportunity to take measures to optimise your personal insurance, financial and tax situation. This option is without cost to you.
If you accept the GTCs, you also agree that your data may be made available to our partners for the purpose of contacting them and submitting offers.
If, at a later point in time, you no longer agree with the use of your data for this purpose, you can prohibit this at any time by sending an e-mail to email@example.com. We shall immediately block your data internally from this point in time, such that it can no longer be made accessible to third parties.
Both parties have the right to withdraw from the contract at any time. In any case, the customer must pay the Operator a flat-rate fee of CHF 150. If the costs actually incurred are greater than CHF 150, the customer will be effectively charged for the costs caused by the withdrawal. In the event of withdrawal on the part of the Operator, the customer shall have no right to claim the expenses resulting from the collection of the various documents or from the preparation of lists and overviews or in the case of the acquisition of documents from third parties against payment (for example, tax statements from financial service providers).
9. Service packages / additional selected services
An upgrade from a smaller to a more comprehensive service package is possible at any time. However, a downgrade is barred. If the customer has selected a certain package and does not source all services, he or she shall not have a claim to a refund.
Services selected for the package cannot be deselected at a later point in time. If an additional service has been provided, it will be charged in full; any refund for unused additional services will be barred.
The Operator endeavours to ensure the good availability of the Platform and shall take reasonable precautions to protect it from interference by third parties.
However, it cannot guarantee that the Platform will function without interruption or disruption, nor can it guarantee that the Platform is free of viruses. The Operator does not guarantee the factual and correct content, completeness and reliability or quality of the published or transmitted information and documents. Furthermore, it cannot guarantee that no cases whatsoever of spamming, malicious software, spyware, hacker attacks or phishing attacks, etc. will impair the use of the Platform or damage the infrastructure (for example, end devices, PCs) of the customer, or will otherwise harm him or her. Any problem or defect must be reported to the Operator without delay.
11. Exclusion of liability and notice to persons of public interest
Liability for any indirect damages and consequential damages caused by defects is excluded in full. Any liability for direct or indirect damages is limited to the sales price of the service. This limitation of liability does not apply to direct damages caused by gross negligence or intentional acts. The customer is obligated to report any damages to the Operator without delay.
In particular, the customer is responsible for ensuring that the data recorded is complete in terms of income and assets.
Furthermore, any liability that could be caused by hacker attacks is excluded. Hacker attacks could lead to data being stolen and made available to the public on the Internet or otherwise.
Persons of public interest are explicitly advised not to process their tax returns via Taxea.ch, as 100% security against hacker attacks does not exist, and the publication of data of persons of public interest can lead to material and immaterial damages, which are hereby excluded.
Any liability for auxiliary persons is completely excluded.
12. Intellectual property rights
All rights to the products, services and any trademarks are the property of the Operator or the Operator is authorised to use them by the owner. Neither these General Terms and Conditions nor any individual agreements relating to them involve the transfer of any intellectual property rights, unless this is explicitly mentioned. In addition, any further use, publication and making available of information, images, texts or other material received by the customer in connection with these provisions is prohibited, unless explicitly approved by the operator.
If the customer uses contents, texts or pictorial material in connection with the operator to which third parties have a property right, the customer must ensure that no property rights of third parties are violated.
13. Data protection
The operator may process and use the data recorded in the course of the conclusion of the contract to fulfil the obligations arising from the contract. The Operator shall take the measures required to secure the data in accordance with the statutory provisions.
The customer agrees in full to thestorage and contractual use of his or her data by the Operator, and is awarethat, by order of courts or administrative authorities, the Operator isobligated and entitled to disclose information from the customer to suchentities or to third parties.
Furthermore, the data protectionregulations apply.
These general terms and conditions can be changed by the operator at any time. The new version shall enter into force 30 days after the Operator has activated it on the Platform.
For the customers the version of the general terms and conditions which is in force at the time of the conclusion of the contract applies in principle. It is them, the customer has agreed to a newer version of the terms and conditions.
These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these GTCs take precedence over these GTCs.
16. Severability clause
Should a provision of this contract or an enclosure of this contract be or become invalid, the validity of the contract as a whole shall not be affected. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any contractual loopholes.
Both parties, as well as their assistants, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force even after the termination of the contract.
18. Force majeure
If timely fulfilment by the Operator, its suppliers or third parties called in by the Operator becomes impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Operator is released from fulfilling the affected obligations for the duration of the force majeure as well as a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the operator can withdraw from the contract. Operator shall reimburse the customer in full for any payments already made.
Any further claims, especially claims for damages due to vis major are excluded.
19. Applicable law / legal venue
These GTC are subject to Swiss law. In the absence of any mandatory legal provisions, the court at the operator's registered office shall have jurisdiction. The operator is free to bring an action at the defendant's place of business. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.
20. Completeness of the data submitted
Herewith the user declares that the recording of the control data is complete and complete. The user has declared all relevant revenues and assets in full and confirms that he/she has no other revenues or assets.
Furthermore, the user confirms that he/she is not a person of public interest.