Terms and Conditions (T&Cs)
Finturis GmbH (as of 11.11.2024)
About Us:
Finturis GmbH, Baarerstrasse 78, 6302 Zug, is registered in the commercial register of the Canton of Zug under the number CHE-351.212.933 (hereinafter referred to as “Finturis” or “we”), Tel.: +41 (0) 62 511 01 00, E-mail: info@finturis.ch, and provides its services through various channels, including its website (including landing pages) or in direct contact with clients.
Finturis operates as a tied insurance intermediary and advisor in connection with pension solutions and products from Liechtenstein Life Assurance AG, Feldkircher Straße 31, 9494 Schaan, Principality of Liechtenstein, and tax-related matters in the Swiss market. Finturis is part of the Clark group. Companies within the Clark group may be involved for specific tasks in the performance of the contract.
The commission for the provision of services by Finturis is made via the available service channels (telephone, internet, customer portal, etc.), with no entitlement to use a specific channel.
The services and the applicable conditions are detailed below.
1. Scope of the General Terms and Conditions
These general terms and conditions (hereinafter “T&Cs”) govern the business relationship between you (hereinafter “Customer” or “You”) and Finturis.
The T&Cs apply to all legal transactions made with Finturis through the aforementioned channels. Separate agreements, which are in writing (including via email) between you and Finturis, remain unaffected by these T&Cs. In the event of contradictions between these T&Cs and separate agreements, the latter shall prevail, provided they were made in writing.
The T&Cs apply in the version valid at the time of the respective commission. You can find these T&Cs online at: finturis.ch/en/general-terms/.
2. Tax Services
Customers residing in Switzerland may commission Finturis for individual advice and support in relation to their tax declaration. This includes:
- The storage and organization of tax documents, as well as
- Support or the completion of the tax declaration based on the documents provided by the customer.
The customer can commission Finturis to correspond directly with the tax authorities on their behalf and to request any documents necessary to fulfill the assignment given by the customer. In this case, the customer will need to provide a separate written power of attorney so that Finturis can assume this representation with the authorities.
The advice provided by the customer advisors and specialists of Finturis is based on years of experience in tax consulting. However, in the specific case, this cannot replace specific legal advice or official information.
Such services cannot be provided by Finturis.
3. Insurance and Pension Services
Customers residing in Switzerland may also commission Finturis for advisory and brokerage services in relation to pension products offered by Liechtenstein Life Assurance AG in Switzerland (especially pension funds, 3rd pillar, life insurance).
The service includes determining the insurance needs, advising on the conclusion of the insurance product, and ongoing management of insurance contracts.
The advice from the customer advisors and specialists of Finturis is based on years of experience in consulting on insurance and pension matters. However, it does not replace a specific risk analysis by qualified risk managers.
The provision of insurance brokerage services is legally regulated. Also, the advisory services in the context of pension products may be subject to specific legal requirements.
Before using our services, please review our preliminary information in accordance with Article 45 of the Swiss Insurance Supervision Act (VAG).
4. Customer’s Duty to Cooperate
The customer must provide Finturis with all the documents and information required for the execution of the services to be provided by Finturis, as well as the necessary details, completely and accurately within the deadlines set by Finturis.
The customer must inform Finturis immediately and without being asked about any risks, investments, needs, or other changes, and must ensure that all information is correct and complete. This also applies to documents, transactions, information, and circumstances that only become known to the customer after the business relationship with Finturis has started and the registration is complete.
If the customer needs to actively participate in the conclusion of a specific contract, e.g., by personally signing an application, the customer must provide the corresponding declarations and/or actions without delay when requested by Finturis or the relevant contract partner.
5. Remuneration
The services provided by Finturis will be remunerated as follows:
a. For tax services
The currently applicable prices and conditions for tax declarations are as follows:
- CHF 180 for processing a tax return for unmarried individuals without real estate and securities
- CHF 220 for processing a tax return for married couples without real estate and securities
- An additional CHF 80 is charged per real estate property
- Securities are charged based on effort
b. For insurance and pension services
For the provision of services related to the advisory and brokerage of insurance and pension solutions to the customer, Finturis receives market-based remuneration from Liechtenstein Life Assurance AG.
These are included in the premiums for insurance products offered by Liechtenstein Life Assurance AG and paid by the customer.
Finturis is entitled to receive separate remuneration for services rendered to Liechtenstein Life Assurance AG, which are invoiced independently of the aforementioned fees. These are not part of the above-mentioned fees and are in addition to the fees received by Finturis and not subject to any obligation to disclose/share with the customer.
If the collaboration is terminated prematurely by the customer, particularly within 12 months of the contract’s start, Finturis may invoice for costs not covered by the fees received from Liechtenstein Life Assurance AG through an hourly rate. Upon the customer’s request, Finturis will disclose the actual fees received.
6. Power of Attorney
For the use of our services, we usually require a power of attorney in the industry-standard scope. We will contact you separately for this.
A power of attorney granted may be restricted or fully revoked by you at any time. However, declarations made up until that time will not be affected by a revocation.
7. Availability
Finturis endeavors to provide its services optimally also through electronic means (customer portal) and ensure uninterrupted use by the customer. However, Finturis does not guarantee or owe the constant availability of electronic services and is particularly not liable—except in cases of intentional or gross negligence—for failures due to technical reasons (e.g., hardware malfunctions, faulty software, or maintenance work) or reasons outside Finturis’s sphere of influence (e.g., force majeure or third-party fault, including the customer’s fault, if, for example, there is an issue with the customer’s hardware).
8. Liability
Finturis provides its services with due business care. For any damage arising from negligence, errors, incorrect information, or otherwise, Finturis is liable to the customer based on the following principles:
Finturis is liable only for intentional or grossly negligent breaches of contract and only insofar as the damage was adequately caused and arises directly and immediately from such an intentional or grossly negligent breach. Any liability is limited to twice the amount of fees collected by Finturis for services provided for the affected customer, but in any case, is capped at CHF 500,000.00. Finturis is not liable for claims directly or indirectly related to intentional, negligent, or otherwise faulty behavior by the customer, their representatives, or employees, or for claims arising from incomplete, late, erroneous, or misleading documents, information, or materials provided by the customer or third parties or otherwise arising from a breach of the customer’s duties, particularly their cooperation duties.
If third parties, in particular network partners or other intermediaries, are used as assistants, Finturis is not liable for their behavior and only these third parties will be liable to the customer. Finturis’s liability is therefore excluded. The same applies to actions or omissions by Liechtenstein Life Assurance AG and/or other potential contract partners with whom customers may come into contact or conclude contracts.
9. Confidentiality, Data Protection, and Data Security
Finturis treats all customer data, information, and documents confidentially in accordance with these T&Cs and the privacy policy.
The customer can request the blocking of their user account at any time. Regarding the storage of data beyond the existence of the business relationship, our privacy policy applies.
The customer is responsible for securely storing their access data and must treat it confidentially and keep it secret from third parties. If the customer suspects misuse of their data, they must immediately notify Finturis by email at: info@finturis.ch.
The recording and storage of telephone calls will only occur after explicit notification to the customer. This is done due to legal documentation and proof obligations, as well as for training purposes. Employees of Finturis may listen to the recordings afterwards and are authorized to make copies of the recordings. In the event of a legal dispute, the recordings and copies may be used as evidence.
10. Communications
Communication between the customer and Finturis will generally occur electronically via email (info@finturis.ch), or, in exceptional cases, by phone. Only declarations or communications that are legally required to be in writing and sent by registered or regular mail are exempt from this.
11. Cooperation with Third Parties
Finturis has cooperation or framework agreements with Liechtenstein Life Assurance AG, but is legally independent and self-contained.
The payout of insurance claims is typically arranged by Liechtenstein Life Assurance AG in agreement with Finturis. However, Finturis does not assume or finance the enforcement of insurance claims against the insurance company.
The collection of premiums is handled by the insurance company.
If Finturis deems it useful or necessary for the customer’s needs, particularly in cases involving international connections or pension solutions, Finturis may also cooperate with third parties, such as other intermediaries or network partners.
Finturis is not liable for actions or omissions by these intermediaries or network partners, unless it involves intentional or grossly negligent misconduct by Finturis in selecting or overseeing these intermediaries or network partners.
12. Contract Changes and Additions
Finturis reserves the right to unilaterally add to or amend these T&Cs at any time, with the customer’s right of termination remaining unaffected. Finturis will make such changes or additions in good faith and by exercising this right, the customer will not be unreasonably burdened with new obligations, unless required by applicable laws, legal changes, or for the proper delivery of Finturis’s services. Any changes or additions to these T&Cs, including those concerning this section, must be communicated in writing or in another form that can be evidenced by text.
13. Assignment Prohibition / Offsetting
The assignment of rights and obligations under the legal relationship between Finturis and the customer based on these T&Cs is only permitted with the written consent of both parties. An exception is the assignment by Finturis for collection purposes or for the enforcement of payments against the customer, which is allowed.
The customer is not entitled to offset their own claims against Finturis with any claims from Finturis and acknowledges that Finturis may offset its own claims against any claims of the customer.
14. Applicable Law and Jurisdiction
These T&Cs and all other legal relationships between Finturis and the customer are governed exclusively by substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and all conflict-of-law provisions of Swiss private international law are excluded.
The exclusive place of jurisdiction for all disputes related to this, including those regarding the validity, enforceability, modification, or dissolution of the aforementioned legal relationships, is Zug (Canton of Zug).