General Terms and Conditions (GTC)

The legal terms and conditions are often not (clearly) communicated in advance. Not at Widmer Strategy GmbH! The current General Terms and Conditions (GTC) create transparency.

Before you use the services of Widmer Strategy GmbH, please read these terms and conditions carefully. By using this website and/or the services of Widmer Strategy GmbH, you accept these GTC in full. You can print out these terms and conditions. If you do not want to accept the GTC, please refrain from using this website and the services of Widmer Strategy GmbH.

1. Terms

• Terms and Conditions: current general terms and conditions;
• CHF: Swiss Francs
• Services: Any type of work and services provided by Widmer Strategy GmbH, for example: legal, financial, tax, migration, administrative, mediation and interpreting services. Representation of the client before Swiss courts and authorities by Widmer Strategy GmbH is excluded if a license thereto is required.
• Email: post-tec@widmer-strategy.ch (use the contact form for inquiries);
• Contact form: contact form on the website (DE, RU, EN, IT);
• Client: Any natural person, legal entity and any organization without the status of a legal entity that contacts Widmer Strategy GmbH. The client’s domicile is irrelevant. The term „client“ includes both genders in relation to natural persons;
• Widmer Strategy GmbH: Limited liability company under Swiss law with registered office at Luegisland 2, 8143 Stallikon. Managing Partner is MLaw Marad Widmer, LL.M. (Geneva);
• Materials: All text, graphic, audio, video and other data, and information available on the Website;
• User: any natural person, legal person or organization without the status of a legal person who visits the website and/or uses one of its services (e-mail, etc.). The user’s domicile is irrelevant. The term “user” includes both genders in relation to natural persons;
• Opening hours: Monday, Tuesday and Thursday 9:15-12:00 and 13:00-18:00, Wednesday 11:00-12:00 and 13:00-18:00 and Friday 9:15-12:00 and 13:00-17:00). Official holidays in Switzerland and in the canton of Widmer Strategy GmbH are excluded. On the day before a recognized public holiday, the opening hours in the evening are reduced by one hour. Every year, Widmer Strategy GmbH has four holidays periods of seven days each, which it determines at its own discretion. The times specified in these GTC or in correspondence with the client refer to Central European Time;
• Website: www.widmer-strategy.ch.

2. GTC scope of application

2.1. To create a reliable legal framework, Widmer Strategy GmbH is happy to present these GTC to the user and the client. The User and/or the Client accept that the Terms and Conditions apply and are binding upon any use of the Website, communication via email or other means, telephone conversations, Client inquiries and/or performance of the Services.

2.2. By visiting or using the website or communicating with Widmer Strategy GmbH, the user acknowledges that he has read these GTC and fully accepted them as binding.

2.3. Widmer Strategy GmbH can deviate from the General Terms and Conditions at any time and in relation to a specific case. The deviation must be made in writing and applies once.

2.4. Swiss and foreign authorities and offices, their representatives and intermediaries as well as all persons who are authorized to exercise a sovereign function have no right to visit the website and to take note of, copy, store, distribute or interact with its materials and to take other actions. Requesting the service is also prohibited. This provision also applies mutatis mutandis to international organizations and their representatives and intermediaries.

3. Offer and Acceptance

3.1. Nothing in the Materials on the Website shall constitute or be construed as an offer to enter the contract.

3.2. The client has the right to send his request to Widmer Strategy GmbH using the form. The client inquiry represents the offer. The client expresses his current and real interest in the services of Widmer Strategy GmbH.

3.3. The client must read the GTC in full before making the offer. By sending the offer, he confirms that he has read, understood and accepted the terms and conditions.

3.4. The client’s right to the request according to Art. 3.2 GTC corresponds to his obligation to ensure in advance that he can conclude the contract with Widmer Strategy GmbH in accordance with the law applicable to him. By sending the offer, he confirms that he has the right to conclude a contract.

3.5. The contract is concluded upon acceptance by Widmer Strategy GmbH. These terms and conditions make up the content of the contract.

3.6. In order to create legal certainty, the client confirms that a contractual condition proposed by him, which deviates from the GTC and which Widmer Strategy GmbH has not explicitly, previously and unambiguously agreed to, remains irrelevant.

3.7. Widmer Strategy GmbH reserves the right to reject the offer without giving reasons and not to answer illegible, unclear, inappropriate and/or irrelevant inquiries.

3.8. If Widmer Strategy GmbH does not respond to the offer within three working days, this is equivalent to its rejection.

3.9. The client concludes the contract only with Widmer Strategy GmbH.

4. Provision of Services

4.1. The providing of services is always subject to payment.

4.2. The client has the right to individual support for his case in accordance with these General Terms and Conditions. According to this, the services of Widmer Strategy GmbH do not represent services of normal consumption. The client explicitly confirms that he is not a consumer.

4.3. The provision of the service means only due advice and agency and does not guarantee success.

4.4. The service is provided in consultation with the client when it concerns strategically important decisions. In case of doubt, the decision is considered as not strategically important.

4.5. The services relating to decisions and actions that are not strategically important are carried out at the discretion of Widmer Strategy GmbH, taking into account the respective case. The client recognizes the need for Widmer Strategy GmbH to freely exercise its discretion.

4.6. Insofar as the deadlines are not stipulated by mandatory law, Widmer Strategy GmbH reserves the right to take appropriate action according to its own schedule.

4.7. Widmer Strategy GmbH is not obliged to provide advice on (legal) questions about which the client has not asked. This applies in particular to questions that are not directly related to the subject of the client’s request.

4.8. For Widmer Strategy GmbH to be able to provide its services to the benefit of the client, the client recognizes the need to provide Widmer Strategy GmbH with truthful, complete and up-to-date information. The client informs Widmer Strategy GmbH of any change in the circumstances by himself and without delay. The provision of services based on untruthful, incomplete and/or not up-to-date information shall be deemed as duly performed and shall be fully remunerated. Any type of damage or loss of profit due to untruthful, incomplete and/or not up-to-date information must be fully compensated by the client.

4.9. Widmer Strategy GmbH can request the client at any time to send his personally signed documents and/or originals of documents to Widmer Strategy GmbH by post. Widmer Strategy GmbH can also require the client to notarize documents at any time.

4.10. Widmer Strategy GmbH is entitled to use third parties (in particular advocates, auditors) to provide services.

4.11. The client refrains from all actions which cause or could cause a conflict with Swiss law and/or international law for Widmer Strategy GmbH and/or its employees. The client acknowledges that eliminating the risk for Widmer Strategy GmbH and/or its employees outweighs his own interests.

5. Communication with the client

5.1. The client offer according to Art. 3.2 GTC is to be submitted via the contact form.

5.2. Even if the client does not contact Widmer Strategy GmbH via the contact form, he acknowledges the binding nature of these GTC.

5.3. With the first request, the client provides Widmer Strategy GmbH with truthful, complete and up-to-date information regarding his contact details, including the e-mail address, the postal address and the mobile or landline number.

5.4. All correspondence (incl. invoices) sent to the e-mail address, postal address and/or mobile/landline number that were provided with the first inquiry or in accordance with Art. 5.5 General Terms and Conditions are deemed to have been duly delivered.

5.5. The client must inform Widmer Strategy GmbH of any changes to the contact details without delay.

5.6. On the part of Widmer Strategy GmbH, communication only takes place via contacts that the client received with the first response from Widmer Strategy GmbH to his request via form.

5.7. The client makes an appointment with Widmer Strategy GmbH ahead of time. A provision of services without an appointment is only possible if it is approved by Widmer Strategy GmbH at the time of contact.

6. Fee, Advance Payment, Expenses and Invoice

6.1. Fee

6.1.1. The services fee is hourly based and is multiplied by the factors according to Art. 6.1.5. In the absence of a special agreement, the hourly fee in 2022 will be CHF 240 (if applicable, VAT will be paid in addition to the fee); Art. 6.1.8 GTC remains reserved.

6.1.2. Any investment of time in relation to the client’s case is considered a service, for example: studying files, developing a strategy, advising clients (in person or via telephone, Skype, etc., including attempted calls), preparing statements, other letters and correspondence (including e-mail, SMS, chats, etc.), contacting authorities and third parties, technical support of the case, outward and return travels as well as the time that had to be spent due to the client’s fault (negligence is sufficient).

6.1.3. The client acknowledges that every action of Widmer Strategy GmbH requires the attention of its employees and that the employees can only devote their attention to another activity in a few minutes. Therefore, each billable time investment amounts to at least six minutes.

6.1.4. Each billable time investment is rounded up so that it can be divided by three with no remainder.

6.1.5. For service within opening hours the coefficient is 100%. The 150% coefficient applies to the out-of-hours service.

6.1.6. The client has the right to cancel the agreed appointment free of charge up to 24 hours (based on opening times) before it begins. If the appointment is not canceled in time, a flat rate of 1/2 fee hour according to Art. 6.1.1 GTC to be paid by the client. The same amount must also be paid if the appointment is made less than 24 hours before it begins and is not canceled at least one hour in advance. The opening hours also apply here.

6.1.7. In matters relating to assets issues (in particular relating to taxes, Rechtsöffnung, social insurance), Widmer Strategy GmbH is entitled to three percent of the asset value in addition to the hourly fee. This part of the fee is already owed if the client’s right to the corresponding asset has been confirmed accordingly (e.g. by an official order, a court decision or recognition by the opposite party).

6.1.8. The client has the right to be looked after by Widmer Strategy GmbH for years in accordance with these General Terms and Conditions. The client therefore recognizes the need for Widmer Strategy GmbH to adjust its fee for inflation every year. The annual adjustment amounts to at least two percent of the hourly fee in accordance with Art. 6.1.1 GTC. This adjustment comes into effect automatically on January 1st and does not require notification. If the national index of consumer prices from the Swiss Federal Statistical Office shows higher inflation, the higher adjustment value applies. If inflation – the national index of consumer prices published by the Swiss Federal Statistical Office – exceeds five percent, the corresponding adjustment comes into effect immediately.

6.2. Advance Payments

6.2.1. The client acknowledges that an advance payment must be paid for his request. Widmer Strategy GmbH determines the amount of the advance payment depending on the degree of difficulty and scope of the case, but not for less than two hours. The advance payment must be made within five working days of the invoice being issued. The service can only be provided after the full advance payment has been made.

6.2.2. The client who received the invoice for the payment of the advance on costs, but did not pay it, has to compensate the preparation of the invoice by paying of 1/4 fee hours according to Art. 6.1.1 GTC.

6.2.3. If the advance payment does not cover the service provided, the difference is to be paid in favor of Widmer Strategy GmbH.

6.2.4. If the advance payment exceeds the service rendered, the difference will be reimbursed to the client at his request. Refunds are made in Swiss francs and exclusively to the bank account in the client’s personal name. All transaction costs of the bank of Widmer Strategy GmbH and the client’s bank as well as the transaction processing time by Widmer Strategy GmbH are to be deducted from the reimbursement amount. The flat rate for transaction processing amounts to at least 1/4 fee hour according to Art. 6.1.1 GTC.

6.3. Expenses

6.3.1. Travel expenses, office supplies, dealing with correspondence, etc. are to be paid in full by the client in addition to the fee.

6.3.2. A dossier will be opened for new clients. The flat rate for opening a dossier is CHF 5.00. This includes the dossier in electronic and (if necessary) physical form. If an additional dossier in physical form is required for the storage of the client files, the same flat rate is to be paid.

6.3.3. The client acknowledges that Widmer Strategy GmbH may be legally obliged to storage his files. If a dossier is opened in physical form, a fee of CHF 30.00 charged. The same flat rate is to be paid for each additional opening of the dossier in physical form.

6.3.4. The client has the right to request a copy of his dossier kept by Widmer Strategy GmbH. The time costs for the creation and delivery of the dossier copy depend on the actual time required, but do not amount to less than 1/2 hourly fee in accordance with Art. 6.1.1 GTC.

6.3.5. The expenses are calculated as follows:

• Travel costs: according to current tariffs of the SBB/other public transport companies/private providers for 1st class;
• Postal delivery within Switzerland (including the first 10 sheets):
• 1 registered mail: CHF 12.00;
• 1 A+ post: CHF 9.00;
• 1 A Mail: CHF 5.00;
• 1 B Mail: CHF 4.80.
• Office paper: the flat rate of CHF 4 additionally charged.

6.3.6. The costs of any in Art. 6.3 unspecified expense are based on the actual time required or their cost price and must be paid in full.

6.3.7. If expenses increase due to inflation, new expenses apply.

6.3.8. In the absence of a special agreement with Widmer Strategy GmbH, the client is obliged to pay all third-party invoices. Invoices from third parties, which are paid by Widmer Strategy GmbH, are to be paid as expenses in favor of Widmer Strategy GmbH.

6.4. The invoice

6.4.1. The client has the right to request the interim invoice at any time in accordance with these General Terms and Conditions. Invoicing is in German and can be translated by the client using language programs if necessary.

6.4.2. The invoice for the service rendered and the expenses will as a rule issued at the end of the month. If the time for the services rendered and expenses are irrelevant, Widmer Strategy GmbH can refrain from issuing invoices in the relevant month. In this case, the amount to be paid will be invoiced in the relevant future month.

6.4.3. The client is entitled to a reasonably detailed invoice. The level of detail is reduced if the client has knowledge of the corresponding invoice items (in particular the content of the e-mails) or can easily obtain this information.

6.4.4. The invoice is due within 25 days of issue.

6.4.5. For stable service provision, the client recognizes the need for any billing errors to be reported and justified without delay. Errors in the invoice and all objections to the invoice or its individual items must be reported to Widmer Strategy GmbH no later than seven working days after the invoice has been issued. Errors and complaints must be justified by the client accordingly. If the client omits the justified and detailed error message or complaint, the invoice is deemed to have been approved.

6.5. Common Provisions to Art. 6

6.5.1. The client only has to use the following bank details:

• Zürcher Kantonalbank
• Owner: Widmer Strategy GmbH, Luegisland 2, 8143 Stallikon
• IBAN: CH89 0070 0114 8059 6372 5
• BIC/SWIFT: ZKBKCHZZ80A

6.5.2. The currency for fees, advances on costs, expenses, etc. is the Swiss franc (CHF).

6.5.3. After agreement with Widmer Strategy GmbH, the invoice can also be issued in euros or US dollars. In any case, the exchange rate at the time the invoice is settled must not be less than the sum owed in Swiss francs for the fee, the advance on costs or the expenses.

6.5.4. The advance on costs, the fee and the money for expenses become the property of Widmer Strategy GmbH.

6.5.5. Assets of the client, which are kept in the bank account of Widmer Strategy GmbH due to the fulfillment of the mandate, do not earn positive interest. If the bank of Widmer Strategy GmbH introduces negative interest rates on their account, they apply immediately to the client’s assets.

6.5.6. If Widmer Strategy GmbH receives party compensation or other assets in favor of the client, these will be offset against the claims of Widmer Strategy GmbH.

6.5.7. In case of many open invoices, Widmer Strategy GmbH decides the order in which they are to be paid.

7. Collection of Debts

7.1. If the invoice remains unpaid in full or in part, the client receives a reminder free of charge. The period within which the reminder must be followed is five working days.

7.2. If the invoice remains completely or partially unpaid after the period specified in Section 7.1, the client will receive two consecutive reminders with a performance period of five working days each. The fee for each reminder is 1/5 fee hour according to Art. 6.1.1 GTC.

7.3. If the invoice, the reminder fees and/or the interest remain unpaid in whole or in part, or if the client expresses his unwillingness to pay, Widmer Strategy GmbH is entitled to take the necessary actions to pay off debts in Switzerland or other countries without a waiting period and without prior notice. This provision overrules Art. 14 GTC.

7.4. The client is aware that Widmer Strategy GmbH represents itself before authorities/courts by itself and can therefore confront itself with difficulties in proving the party costs. The client therefore recognizes the need for the party’s compensation to be contractually determined by these GTC.

7.5. If Widmer Strategy GmbH initiates a debt enforcement process, the client must pay a contractual party fee of two hourly fees in favor of Widmer Strategy GmbH in accordance with Art. 6.1.1 General Terms and Conditions. If Widmer Strategy GmbH takes legal action to collect debts and is at least partially successful, the client must pay a contractual party fee of ten hourly fees to Widmer Strategy GmbH in accordance with Art. 6.1.1 General Terms and Conditions.

7.6. If the client submits a debt enforcement request against Widmer Strategy GmbH and/or its employees and does not take legal action to eliminate the legal objection within three months of the legal objection being raised, he shall pay the contractual compensation of two fee hours in favor of Widmer Strategy GmbH in accordance with Art. 6.1.1 Terms and Conditions. If the client files an appeal against Widmer Strategy GmbH and/or its employees (application for the opening of legal proceedings, lawsuit, counterclaim, lawsuit or criminal complaint, etc.) and if he is at least partially defeated, the client has to pay the contractual compensation in favor of Widmer Strategy GmbH of ten fee hours according to Art. 6.1.1 GTC.

7.7. Contractual party compensation according to Section 7.5-7.6 General Terms and Conditions can be accumulated and must be paid in addition to the fee and any debt enforcement fees, court costs, etc. Widmer Strategy GmbH does not have to prove the activities it has made. If the procedural costs of Widmer Strategy GmbH exceed the respective contractual party compensation, Widmer Strategy GmbH can claim the difference in its favour. The difference must be documented by Widmer Strategy GmbH.

7.8. The client is only entitled to party compensation from Widmer Strategy GmbH if this is explicitly provided for in Swiss law and is actually owed. The client must keep his party costs as low as possible and provide evidence in any case.

8. Termination of Contract

8.1. The client and Widmer Strategy GmbH have the right to terminate the service contract at any time. Notice of termination must be given explicitly. If there are several clients within the framework of the same client relationship, the notice of termination must be given by each individual client.

8.2. The contract termination comes into force as follows:

8.2.1. If the contract is terminated by Widmer Strategy GmbH: since the notification was sent to the client;

8.2.2. If the contract is terminated by the client: since Widmer Strategy GmbH took note of the notification.

8.3. The termination of the contract leads to the cancellation of the powers of attorney. The recipients of the power of attorney will be informed of this by Widmer Strategy GmbH.

8.4. The client has the right to request his files or their copies even after the end of the contract.

8.5. The client is obliged to pay the fee and expenses both for the time before the termination of the contract and for all costs caused by the termination of the contract.

8.6. If Widmer Strategy GmbH has already submitted the corresponding application or legal remedy relating to a property law matter under Art. 6.1.7 GTC and the client terminates the contract or revokes the power of attorney, the client has to pay the fee in accordance with Art. 6.1.7. GTC to be paid immediately and regardless of the outcome of the procedure.

9. Confidentiality

9.1. The client has the right to secrecy regarding his data in accordance with Swiss law and these General Terms and Conditions. Disclosure of data is only possible with the consent of the client or his representative and in the cases provided for in Swiss legislation or these GTC.

9.2. Widmer Strategy GmbH stores user and client data on its data carriers that is transmitted in connection with the use of the website or the provision of services. The data carrier is owned by Widmer Strategy GmbH. The client is entitled to request the deletion or destruction of his data or his dossier ten years after the end of the case. After this period, Widmer Strategy GmbH is entitled to delete the data without prior notice.

9.3. For the storage of inquiries and the provision of services, Widmer Strategy GmbH is entitled to use appropriate means (including e-mail and similar applications) that store the text in the form of letters, numbers and official symbols. This entitlement remains in effect even after the termination of the contract.

9.4. Any guarantee of confidentiality regarding electronic, telephone, postal and other means of communication is excluded. Widmer Strategy GmbH may use the services of ePost.

9.5. The client and the user are prohibited from using digital and audiovisual means for data storage.

9.6. Widmer Strategy GmbH is released from the duty of confidentiality with regard to all client or user data if an action or omission by the client or user could damage the interests of Widmer Strategy GmbH and/or its employees or create a risk of damage.

9.7. The client is obliged to keep secret all information and documents that he receives from Widmer Strategy GmbH and – insofar as this information and documents do not concern him – to delete them. The only exception is the personal use of his own information and documents in dealings with Swiss Authorities, offices and third parties if this was the subject of the service provision. In any case, the client and the user are prohibited from using or disclosing any information and documents relating to the provision of services or the website if this harms the interests of Widmer Strategy GmbH or could cause a risk of damage.

10. Copyright and Other Rights

10.1. Copyright and other rights to the materials on the website and objects created as a result of the provision of services belong to Widmer Strategy GmbH and are protected by Swiss legislation and international law.

10.2. Any use of the materials without the prior written consent of Widmer Strategy GmbH is prohibited.

10.3. Violations of the rights of Widmer Strategy GmbH can be prosecuted under civil and criminal law.

10.4. If the client passes on a document written for him by Widmer Strategy GmbH to a third party, he must pay a fee of three hourly fees for each document issued to Widmer Strategy GmbH in accordance with Art. 6.1.1 General Terms and Conditions.

11. Disclaimer

11.1. The materials on the website constitute general non-binding information only and should in no way be construed or used as legal advice or the like. The currency of the materials is not guaranteed.

11.2. Liability for acts/omissions and compensation for damage of any kind which has arisen or could arise because of the use of the materials on the website is excluded.

11.3. Widmer Strategy GmbH is also not liable for external links that lead to the website or for their content or actions/omissions based on them.

11.4. Widmer Strategy GmbH does not grant uninterrupted access to the website or any of its services.

11.5. Any kind of damage or loss of profit due to untruthful, incomplete and/or not up-to-date information from the client is excluded.

11.6. Should Widmer Strategy GmbH make a mistake, the client is obliged to give Widmer Strategy GmbH an opportunity in advance to rectify the mistake. If the client violates this obligation, Widmer Strategy GmbH cannot be charged any costs in connection with the incorrect rectification by third parties or by the client himself.

11.7. An impossibility of providing the service due to force majeure (including any sanctions) releases Widmer Strategy GmbH from any liability.

11.8. A subjective impossibility of providing the service (illness, death, etc.) releases Widmer Strategy GmbH from any liability. An illness-related impossibility of providing the service for less than six working days does not have to be documented by a doctor.

11.9. Liability is also excluded in other cases provided for in the General Terms and Conditions (in particular if the client violates the General Terms and Conditions obligations).

12. GTC Changes

12.1. Widmer Strategy GmbH reserves the right to fully or partially supplement, change or delete these GTC at any time.

12.2. A GTC supplement, change or deletion comes into effect within three months of publication on the website and notification to the client. If the client continues to use the services, this is deemed to be his consent.

12.3. Any changes to the GTC are listed in Art. 15.3 GTC.

12.4. The nullity of a provision of the GTC or an individual agreement with the client does not lead to the nullity of the remaining part of the GTC or the individual agreement.

13. Governing Law

13.1. Swiss law is exclusively applicable to all questions relating to the website or the provision of services (to the exclusion of international private law) – in particular Art. 394 ff. Code of Obligations.

13.2. These General Terms and Conditions take precedence over discretionary law.

14. Dispute Resolution

14.1. All disputes and differences of opinion regarding the website or the provision of the service must be settled by negotiation (oral or written), if possible. Widmer Strategy GmbH determines the negotiation format.

14.2. The 1st reminder is equivalent to the notification of the start of negotiations; Otherwise, the notification of the start of negotiations must be designated as such.

14.3. If the parties have not been able to reach an agreement within 30 days of notification of the start of negotiations, or if the case pursuant to Art. 7.3 GTC occurs, the corresponding legal remedy can only be taken at the registered office of Widmer Strategy GmbH; the point in time when the appeal is taken is decisive. Mandatory rules of the Federal Law on Debts Collection and Bankruptcy remain reserved.

15. GTC Texts and Versions

15.1. Only the German text of these terms and conditions is authoritative.

15.2. The GTC come into effect on March 1, 2022.

15.3. There are no GTC changes.

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