Terms of Service (TOS)
Date: 01.08.2022
I. Scope of Application
These General Terms and Conditions ("GTC") form an integral part of the agreements concluded between the Client and Sanchez Trust & Trade for the provision of fiduciary and consulting services (hereinafter "Individual Agreements"). Furthermore, these GTC apply to any use of the website http://easy-steuer.ch (hereinafter referred to as the "Website") and other access pages by the User.
The content of these GTC shall apply unless a deviation from them 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 Sanchez Trust & Trade
A. Contractual Services
The subject matter of the fiduciary and consulting mandate is the fiduciary and consulting services listed in the individual agreements or the agreed scope of services pursuant to "Sanchez Trust & Trade" (hereinafter "Contractual Services").
B. Duties of Sanchez Trust & Trade
1. provision of the contractual services
Sanchez Trust & Trade is obliged to perform the Contractual Services diligently and in compliance with the legal provisions. It shall act in accordance with the instructions of the person placing the order. The right is reserved to not render contractual services due to instructions of the ordering person that are contrary to law or morality. In the absence of instructions from the Client, Sanchez Trust & Trade shall not be obliged to act on its own initiative. In urgent cases, Sanchez Trust & Trade may take measures on its own initiative, taking into account the presumed interests of the instructing person as much as possible. Sanchez Trust & Trade shall inform the Client Person as soon as possible of the measures taken.
The Ordering Person shall designate a natural person authorized to give instructions to Sanchez Trust & Trade by means of written notification and shall provide Sanchez Trust & Trade with a specimen document signed by this person. All instructions to Sanchez Trust & Trade must be in writing, otherwise they shall not be deemed to have been given. Accordingly, instructions given by telephone shall not be deemed to have been given until written notification has been given. Sanchez Trust & Trade may deviate from this rule, especially when dealing with clients of "Sanchez Trust & Trade".
2. duty of disclosure and accountability
Sanchez Trust & Trade is obligated to document its expenses and to provide information to the client at any time upon written request.
3. duty of information and secrecy
Sanchez Trust & Trade is authorized to inform the competent authorities about this contract in accordance with its legal obligations and to provide information about the mandate. Sanchez Trust & Trade undertakes to maintain secrecy vis-à-vis other persons and companies for its employees and agents. The obligation to maintain secrecy shall remain in force even after termination of the mandate relationship.
C. Involvement of third parties
Sanchez Trust & Trade is entitled to involve third parties for the fulfillment of its contractual obligations.
D. Cooperation of the Client
The Client shall ensure that Sanchez Trust & Trade receives all documents and information required for the contractual services in a timely manner.
The Ordering Person shall be responsible for the completeness, legal conformity and businesslike justification of the documents and receipts submitted.
If the client fails to cooperate as required, Sanchez Trust & Trade shall not be entitled to any claims arising from the failure to perform the contract. Sanchez Trust & Trade may make the continuation of the mandate dependent on the receipt of the above mentioned information and documents.
E. Liability
Sanchez Trust & Trade shall perform the agreed contractual services with due diligence. Sanchez Trust & Trade shall only be liable for breaches of contract caused intentionally or by gross negligence. Any further liability based on contract or any other legal ground is expressly excluded. If Sanchez Trust & Trade has authorized third parties to perform the contractual services, it shall be liable exclusively for their careful selection and instruction.
F. Risk bearing
Sanchez Trust & Trade carries out its activities exclusively at the risk of the mandator. Sanchez Trust & Trade shall not incur any risks from the investment, management and sale of the trust property. All related costs and other charges (depreciation, losses, etc.) shall be borne exclusively by the Principal.
G. Remuneration and default in payment
The principal is obligated to pay Sanchez Trust & Trade a fee for the performance of the contractual services. The amount of the remuneration shall be calculated on the basis of the scope of services provided by Sanchez Trust & Trade and the prices according to the website http://easy-steuer.ch. Sanchez Trust & Trade is entitled to adjust the prices. The client must be informed of any 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 client is immediately in default. From the moment of default, the client shall owe interest on arrears in the amount of 5%. It is not permitted to offset the invoiced amount against any claim the client may have against Sanchez Trust & Trade. Sanchez Trust & Trade has the right to refuse to provide contractual services in the event of late payment. If the client is in default of payment of two monthly amounts, Sanchez Trust & Trade reserves the right to restrict the functions of "Sanchez Trust & Trade Online" for the client to the extent permitted by law.
In the event of termination of the contract, the client remains obligated to pay the remuneration for contractual services already rendered by Sanchez Trust & Trade.
H. Indemnification
The client agrees to indemnify and hold Sanchez Trust & Trade harmless for any damages it may incur as a result of the mandate relationship.
I. Disclosure of Data to Official Partners of Sanchez Trust & Trade
Sanchez Trust & Trade is entitled to transfer client data to official partners of Sanchez Trust & Trade. The customer may object to the disclosure of data with a written letter, thereby suppressing it.
J. Termination
This Order may be terminated by either party in writing at any time.
The Order shall not terminate upon the death, incapacity or bankruptcy of the person placing the Order.
K. Settlement
Sanchez Trust & Trade is expressly granted the right of set-off in satisfaction of its claims.
L. Force Majeure
If the timely performance by Sanchez Trust & Trade 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, epidemics, lockdowns, epidemics, pandemics, terrorism, sabotage, cyber attacks, strikes, nuclear accidents or reactor damage. If the force majeure makes the performance of the contract impossible, Sanchez Trust & Trade shall be released from the performance of the contract for the duration of the force majeure and a reasonable start-up period after the end of the force majeure. If the force majeure lasts longer than 30 days, Sanchez Trust & Trade may withdraw from the contract. Sanchez Trust & Trade shall fully reimburse the customer for any payments already made for the non-performance of contractual services during the period of force majeure, including the start-up period.
Any further claims, especially claims for damages due to force majeure are excluded.
III. Terms of use of the website
A. Password
If the user has used a password to access the website or has transmitted his e-mail address, he is responsible for keeping it as well as for its correctness.
B. Data
The User guarantees the accuracy of the data submitted to the Operator, their compliance with the law and the rights of third parties, as well as good morals.
C. Content and link
Sanchez Trust & Trade does not guarantee the accuracy, completeness, reliability or quality of the information published or transmitted. Liability claims against Sanchez Trust & Trade caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded.
D. Links
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.
E. Disclaimer
Sanchez Trust & Trade 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. Sanchez Trust & Trade is not liable for disruptions in the quality of access to Sanchez Trust & Trade's services due to force majeure or events beyond Sanchez Trust & Trade's control, in particular communication network failures. The opening of files is at the risk of the user. Sanchez Trust & Trade does not guarantee that the files are free of viruses or are not otherwise capable of causing damage to users' computers. 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 Sanchez Trust & Trade at any time. The new version shall become effective immediately upon publication on the website. The version of the GTC that was in force at the time of the conclusion of the contract shall apply to the person placing the order. The agreement to the current version of the GTC by the ordering person or user remains reserved.
B. Severability clause
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions of the GTC.
C. Applicable law and place of jurisdiction
All legal relations 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 an action against the Client at any other competent place, in particular at the Client's ordinary place of residence in Switzerland or abroad.