General Terms and Conditions (GTC)

1.0.1001; Issue February 2022

  1. Subject

  2. These General Terms and Conditions (“GTC”) govern the business relationship between Weiss Group LLC (SARL) (“Weiss Group”) and its clients, subject to any other special agreements and the GTCs of the individual business units.
  3. Means of communication

  4. Weiss Group is entitled to use post, telephone, and electronic channels (e.g. email, fax, text messaging, mobile applications, and other electronic channels) to send correspondence to the user addresses (e.g. email address or mobile phone number for mobile applications) used for Weiss Group or explicitly specified by the client or his authorized agents.
  5. Weiss Group is permitted to record telephone conversations and communication using electronic means without advance notice and to store them for purposes of quality assurance, compliance with legal and regulatory requirements, and as evidence.
  6. Unencrypted emails and other unprotected electronic communication channels are not secured against access by unauthorized third parties and thus involve corresponding risks, e. g. insufficient confidentiality, manipulation of content or sender data, misrouting, delay, or viruses. Corresponding risks may also be associated with the use of devices or software. Devices and software belonging to a user are part of the system, but they are beyond Weiss Group’s control and may become a weakness in the system. Weiss Group suggests that sensitive information not be sent to Weiss Group via unencrypted emails or unprotected electronic communication channels; rather, it suggests using the channels designated by Weiss Group for these purposes.
  7. Weiss Group will be liable for losses resulting from the use of these communication channels only if the standard of due care customary in the business has been breached by Weiss Group, its employees or auxiliary persons. Weiss Group assumes no responsibility for devices and software belonging to the client.
  8. Weiss Group is permitted to provide legally relevant information, conditions, and documents to the client by publishing them on Weiss Group websites and to fulfill its duties of information, disclosure and notification by publication on the Internet. Unless otherwise specified by law or regulatory requirements, Weiss Group is not obliged to provide the client with information by any other means in these cases. The information may also be published using other electronic means or via other appropriate media.
  9. Missed appointments or appointments not cancelled in time

  10. Appointments that are cancelled or postponed by the client less than 24 hours in advance will be invoiced, unless there were urgent reasons. A cancellation in due time can be made on any day of the week including Sundays and holidays by telephone or email.
  11. Liability

  12. If claims for damages arise from the activities of Weiss Group, Weiss Group shall be liable within the scope of its professional liability.
  13. The liability is limited to intent and gross negligence. Weiss Group shall not be liable for damages from lost profit. If a claim for performance is asserted, it will only be accepted if the client has fulfilled all obligations to cooperate in due time. If documents or information of the client are incomplete or defective and if a damage arises directly or indirectly from this, Weiss Group shall not be liable for this. Claims for damages shall become statute-barred 6 months after the damage has become known. If the contractual relationship between the client and Weiss Group ends (e.g. by termination of the brokerage mandate), the liability claim against Weiss Group shall also end.
  14. Liability claims shall be sent to the following address:
  15. Weiss Group, Liability Claims, Forchstrasse 2, 8008 Zurich, Switzerland

  16. Termination of relationship

  17. Weiss Group or the client may terminate any existing business relationships at any time, either with immediate effect or with effect at a later date unless otherwise agreed to in writing.
  18. Weiss Group shall prepare a final statement of account with deduction of advance payments or otherwise received compensation for all expenses to be reimbursed by the client.
  19. The documents provided by Weiss Group to the clients, in particular analysis documents and concepts, are subject to a copyright which protects the ideational and material interests of Weiss Group in its intellectual property.
  20. Compliance with law

  21. The client shall be responsible for adhering with all laws and regulations (including tax legislation) applicable to him.
  22. Applicable law and place of jurisdiction

  23. All legal relations between the client and Weiss Group are governed by Swiss law. The exclusive place of jurisdiction for all legal proceedings is Zurich. Mandatory places of jurisdiction prescribed by law remain reserved.
  24. Amendments to the terms and conditions

  25. Weiss Group reserves the right to amend the GTC at any time and to adapt them to the legal provisions. Weiss Group shall communicate such modifications and amendments in advance and in an appropriate manner. The amendments shall be deemed to have been accepted by the client unless an objection is raised in writing within one month of notification. In the event of objection the client shall be free to terminate the business relationship with immediate effect subject to special agreements.

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