These terms and conditions govern the rights and obligations in connection with the use of the services offered on the website www.fasoon.ch.
Fasoon AG, Appenzell (“Fasoon”) is the owner and operator of the internet platform www.fasoon.ch (“www.fasoon”). On www.fasoon, services and products related to the establishment of companies, drafting of contracts, protection of intellectual property, changes in the commercial register and consulting can be obtained free of charge or against payment.
2. Scope of application
These Terms and Conditions apply to the above-mentioned areas and to all other services which Fasoon provides directly or indirectly to its Customers.
An order is deemed to be an offer to Fasoon to enter into a contract. The Fasoon is free to refuse orders in whole or in part without stating reasons. In such a case you will be informed and any payments already made will be refunded. Further claims are completely excluded.
A contract is formed when the Customer accepts an offer from Fasoon in connection with the purchase of services or products.
Unless otherwise quoted, all prices are in Swiss francs (CHF) and exclude any applicable value added tax (VAT).
All prices are exclusive of any other applicable taxes.
Fasoon reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract are those shown on the website www.fasoon.ch or according to Fasoon’s separate price list. For the customer, the prices valid at the time the contract is concluded always apply.
6.1 Means of payment and credit assessment
Payments are accepted exclusively in Swiss francs. Fasoon reserves the right to exclude individual means of payment generally or for individual customers without justification. In addition, Fasoon is entitled to levy surcharges on individual means of payment. In order to protect its legitimate interests, Fasoon may obtain a credit assessment of your creditworthiness from third parties and may disclose your customer data to third parties for payment purposes. Ordered products and vouchers remain the property of Fasoon until full payment of the purchase price (including all surcharges).
6.2 Payment deadlines and late payment
The customer undertakes to pay the invoiced amount within 30 days of the invoice date. Should the invoice not be paid within the aforementioned payment period, the customer will be sent a reminder. If the invoice is not paid by the customer within the set reminder period, the customer is automatically in default. From the time of default, the customer shall owe default interest in the amount of 5%.
In the event oflate payment, additional reminder fees of CHF 30.00 each (at the earliest from day 60 after the invoice date) will be charged to the customer.
Costs in the event of late payment: Processing fee (at the earliest from day 70 after the invoice date, if handed over to collection service provider) depending on the amount of the claim, maximum amount in CHF: 50 (to 20); 70 (to 50); 100 (to 100); 120 (to 150); 149 (to 250); 195 (to 500); 308 (to 1’500); 448 (to 3’000); 1’100 (to 10’000); 1’510 (to 20’000); 2’658 (to 50’000); 6% of the claim (from 50,000).
Fasoon reserves the right to demand advance payment at any time and without giving reasons. Fasoon has the right to refuse to provide services or deliver products in the event of late payment. In the case of a pre-payment purchase, the provision of the service or the delivery of the products will only take place once the corresponding payment has been received by Fasoon.
The invoiced amount may not be set off against any claim the Customer may have against Fasoon.
7. Duties of the customer
- Exercise of the rights of use
The customer undertakes to exercise the rights of use only to the extent granted. Furthermore, the customer is fully responsible for the secure storage of his access data and passwords. The customer is also responsible for the content of the collected data and information.
By accepting these general terms and conditions, the customer also confirms that he 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 does not conflict with the rights of third parties, morality and the law.
Fasoon is entitled to control the Customer’s conduct in connection with the use of the Internet Platform. In particular, Fasoon shall be entitled to check the legality of any content entered by the Customer on the Internet platform at any time.
- Obligations to cooperate
The Customer undertakes to take all necessary steps to enable Fasoon to provide the Service immediately. The customer’s arrangements shall be made at the agreed place, time and to the agreed extent. This includes, inter alia, providing Fasoon with the appropriate information and documentation.
In addition, the customer is obliged to cooperate comprehensively and promptly. The Customer shall provide Fasoon, without being requested to do so, with all documents and information required in connection with the provision of the Services, complete and correct in content. Fasoon assumes that the information and documents provided are correct and complete and that they comply with the legal obligations to cooperate and provide information. Fasoon shall only be responsible for checking the accuracy and correctness of documents, information and figures supplied by the Customer if this has been agreed in writing in advance.
8. obligations of Fasoon
- Provision of services
Fasoon will fulfill its obligation, unless otherwise agreed, by providing the agreed service. Most of Fasoon’s services are provided online. For all other services, the place of performance shall be Fasoon’s registered office, unless otherwise agreed.
- Auxiliary persons
The parties expressly have the right to call in auxiliary persons to carry out the contractual obligations. The parties undertake to ensure that the involvement of auxiliary persons is carried out in compliance with all mandatory statutory provisions and any collective employment agreements.
Both parties have the right to withdraw from the contract at any time. The withdrawing party must fully compensate the other party for any expenses already incurred. However, rescission at untimely times is not permitted. The customer will be charged for the costs caused by the withdrawal. In the event of withdrawal before notarisation (the incorporation of the company or amendment of the articles of association) 50% or in the event of withdrawal after notarisation (the incorporation of the company or amendment of the articles of association) 100% of the ordinary fees payable to Fasoon AG in connection with the transaction commissioned.
The exchange of products is generally excluded.
10. retention of title
Title to products remains with Fasoon until the purchase price has been paid in full. Until that time, the customer may not freely dispose of the products, in particular may not sell, rent or pledge them.
Fasoon strives to ensure good availability of www.fasoon.ch and takes reasonable precautions to protect www.fasoon.ch from interference by third parties.
However, Fasoon cannot guarantee the uninterrupted and trouble-free operation of www.fasoon.ch and the services offered, nor can it guarantee that the files are free of viruses. Fasoon does not warrant the accuracy, completeness, reliability or quality of the information, documents and processes published or transmitted, or the results of the services provided. Further, Fasoon cannot guarantee that use of the Service (by spamming, malicious software, spyware, hackers or phishing attacks, etc.) will not interfere with or damage the Customer’s infrastructure or otherwise harm the Customer. Any problems or defects must be reported to Fasoon immediately.
Fasoon guarantees that the product is free from defects in materials and workmanship.
Any defects must be reported to Fasoon immediately. It is for Fasoon to decide whether to repair or replace the defective product. Only if the replacement or repair is impossible, the customer is entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs in the event of a third-party repair is excluded. During the repair period the customer has no right to a replacement product. The warranty for the repaired element starts anew, for the remaining elements of the product the original warranty period continues.
13. information customer relationship
Fasoon’s customers acknowledge that Fasoon will be informed of any customer relationship entered into with a partner bank in connection with its cooperation with partner banks. By accepting the Terms and Conditions, Fasoon’s partner banks are authorized to exchange information in connection with the customer relationship with Fasoon as part of the account opening process and are hereby released from bank client confidentiality.
Possible claims for damages from impossibility of performance, from breach of contract, from culpa in contrahendo and from unlawful acts are excluded against MWD as far as there is no intentional or grossly negligent action. Liability for slight negligence is explicitly excluded. Liability for indirect and incidental damages and consequential damages and loss of profit resulting from use, misperformance or loss of performance is excluded. The liability for direct damages is limited to the sum of the services and products purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The Customer is obliged to notify Fasoon immediately of any damage.
Any liability for auxiliary persons is completely excluded.
15. intellectual property rights
All rights in services and products and any trade marks are owned by Fasoon or may be used by the owner. Neither these General Terms and Conditions nor any associated agreements contain the transfer of intellectual property rights, unless this is explicitly mentioned. In addition, any re-use, publication and making available of information, images, text and any other material received by the Customer in connection with these Terms and Conditions is prohibited unless expressly authorised by Fasoon. If the Customer uses content, images or text material in connection with Fasoon in which third parties have a proprietary right, the Customer shall ensure that no proprietary rights of third parties are infringed.
16. severability clause
If any provision of these terms and conditions or any supplement to this contract is invalid or ineffective, this shall not affect the validity of the remaining provisions and these terms and conditions as a whole. The contracting parties shall replace an invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual loopholes.
17. amendment of the general terms and conditions
Fasoon reserves the right to amend these terms and conditions at any time. The new version of the Terms and Conditions will come into force upon publication on the Fasoon website.
Decisive for the customer is the version of the General Terms and Conditions valid at the time of the order, which cannot be changed unilaterally for this order.
These general terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these GTC shall take precedence over these GTC.
Both parties as well as their auxiliary persons undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after termination of the contract.
20. force majeure
If it is impossible for Fasoon, its suppliers or third parties called in by Fasoon to fulfil its obligations on time as a result of force majeure (e.g. natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions, insurrections, terrorism, sabotage, strikes, nuclear accidents or reactor damage), Fasoon shall be released from its obligations 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, Fasoon may withdraw from the contract. Any payment already made shall be reimbursed in full by Fasoon.
Any further claims, especially claims for damages due to force majeure, are completely excluded.
21. place of jurisdiction and applicable law
These Terms and Conditions and the entire legal relationship between Fasoon and you shall be governed by Swiss law to the exclusion of the provisions of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the extent permitted by law, the registered office of Fasoon shall be the place of jurisdiction. Otherwise, the place of jurisdiction is the customer’s place of residence.
Stand: 28.05.2018 V 2.0