1 Scope of application
The GTC govern the legal relationship between Uniestro and the Client.
Uniestro AG (Swiss Commercial Register UID: CHE- 362.028.049, hereinafter referred to as "Uniestro") reserves the right to amend the GTC at any time.
2. written form
All amendments to this mandate agreement must be signed by both parties. For the extension of the mandate (additional services according to page 1 of the Uniestro mandate agreement), proof by text (e.g. e-mail, Whatsapp, etc.) is sufficient.
3. record keeping / retention obligations
Uniestro AG is entitled to digitise files received on paper (e.g. correspondence, dispositions, etc.) and to destroy the paper version. Furthermore, it is authorised to destroy the files in its possession after ten years have elapsed since the order was concluded, unless they have been requested back beforehand.
4 Obligations of the client
The Client shall provide Uniestro with all documents and information necessary for the execution of the order. He shall inform Uniestro at all times and in good time of all processes and circumstances relevant to the order. The Client undertakes to pay Uniestro reasonable advances on costs for its work upon request.
5. exclusion of liability
In the event of breaches of contract, Uniestro shall be liable for the proven damage unless Uniestro proves that it is not at fault. Uniestro shall provide unlimited compensation for damage caused intentionally or through gross negligence. In the event of slight negligence, it shall be liable without limitation for personal injury, for property damage up to the amount of CHF 5,000 per loss event and for financial losses up to the equivalent value of the service received, but not exceeding CHF 5,000 per loss event. In no case, however, shall Uniestro be liable for consequential damages and loss of profit. Uniestro excludes liability for any damage caused by an auxiliary person in the performance of their duties.
6 Cancellation
The contractual relationship may be terminated at any time. Cancellation must be in writing. After cancellation, Uniestro shall issue the final invoice payable within ten days and hand over all documents.
7. additional expenses
In the event of repeated requests to submit documents, failure to meet deadlines or express processing, Uniestro shall charge the client for all additional expenses.
8 Terms of paymentInvoicesare sent electronically and must be paid within 30 days of the invoice date. If the client requests the invoice in paper form, a surcharge of CHF 5.00 will be levied for the additional expense. If clients do not pay the invoice on time, a surcharge of CHF 20.00 will be levied on the first reminder and a surcharge of CHF 50.00 on the second reminder. Uniestro expressly reserves the right to claim all additional costs incurred from the time debt collection proceedings are initiated. For invoice amounts of less than CHF 500.00, a surcharge of CHF 20.00 may be levied when payment reminders are sent. The surcharges in accordance with the previous paragraph may also be levied if the debit from the deposited payment methods (e.g. credit card (on account), Paypal, Apple Pay, Google Pay, TWINT) does not work.
9. severability clause
Should individual provisions of this contract be invalid, this shall not affect the validity of the remainder of the contract. The invalid provisions shall be replaced by a provision that comes as close as possible to the economic intentions of the parties.
10 Applicable law and place of jurisdiction
This contract shall be governed exclusively by Swiss law. The court at the registered office of Uniestro shall have exclusive jurisdiction for all disputes arising from this contract. Uniestro is entitled to sue at the client's domicile or registered office.
If you have any questions, comments or uncertainties, please contact us on
+41 44 578 44 30
support@uniestro.com
www.uniestro.ch
Postal address
Uniestro AG
Sihlbruggstrasse 109
CH - 6340 Baar
Switzerland
Edition 12.01.2024
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Sihlbruggstrasse 109 - 6340 Baar - Switzerland