General terms
These GTC apply to the use of the website www.abrechnungen.ch between the Operator of the website, or Rasminka GmbH in Zürich (hereinafter ”Operator”, “Rasminka” or “we”), and a User/Customer.
By visiting this website, and by using various available tools, the User declares that he/she agrees with the following general terms and conditions (hereinafter «GTC»).
Rasminka retains all copyrights and other rights of the website content. The Customer is not entitled to remove, conceal or alter any legal information (e.g. copyright notices or trademarks).
Data
The User shall guarantee the accuracy of the data submitted to the Operator, including compliance with the law and the rights of third parties, as well as common decency.
Order, inaccuracies and order processing
The scope of the services to be provided by the agents shall be determined by the order issued.
Rasminka shall assume the data provided by the User, particularly numbers, to be correct, unless obvious errors are found. Verification of the accuracy, completeness and consistency of the documents, receipts and figures received is part of the order only if it has been explicitly agreed upon in writing.
In order to process the order, the Operator is entitled to involve employees, professional legal or natural third parties (substitution). They are obligated to ensure complete secrecy. Order and data processing can be performed in Switzerland or in other European countries.
Cooperation of User and Operator
The User is obliged to cooperate in circumstances necessary to the proper completion of the order. Particularly, the User has to provide the Operator, without being asked, with all the documents necessary for the execution of the order in full, and in a timely manner, so that the Operator has adequate time for processing.
This shall also apply to all procedures and circumstances that may be relevant to the order processing.
Conclusion of the contract
The User concludes a binding contract for a service with the operator as soon as he/she has placed an order verbally, in writing or by email. Orders placed by email are explicitly binding.
Invoicing
In case the invoice payment has been agreed upon, as a rule, the invoice sum must be transferred to an account specified by the operator within 30 calendar days after invoicing. After this period, an interest of 5% p.a. is charged.
In case of advance payment, the Customer falls into arrears with his payment if his advance payment is no longer sufficient to cover the expenses based on the agreed tariffs or the hourly rates.
The following reminder fees apply:
Payment reminder: free of charge
1st reminder: CHF 50
2nd reminder: CHF 80
Debt collection procedure: CHF 180
Objections and order rejection
Any objections to the issued invoices should be communicated to the Operator, in written form, immediately upon receipt. In case the objection is not submitted within 30 days after the receipt, the invoice shall be considered approved.
The Operator reserves the right to refuse an order without stating a reason. Each User is obliged to exempt the Operator from all liability and obligation, as well as to reimburse any (additional) expenses incurred due to incorrect information, cancellation of order, or User absence.
Price changes
Rasminka reserves the right to change the prices of all services for existing customers, within a period of three months. For new customers, the price changes become valid immediately. Rasminka cannot be held liable to the User or third parties for price changes, nor for consequences resulting from price changes.
Discounts / Price reductions
Discounts and special offers are only valid for regular postings, not for the closing entries and VAT-statements per quarter, half-year term, or end of the year.
Content
The Operator assumes no responsibility for the correctness, completeness, reliability or quality of the published or transmitted information. Liability claims against the Operator caused by the use or non-use of the information provided, or by the use of incorrect or incomplete information, are excluded.
Agents / partners
The User acknowledges that any agents and partners employed are independent and are in no way employees of Rasminka. Rasminka shall not be liable for any violation of contracts by partners or agents.
This applies in particular to consulting contracts, which are assigned to external consultants according to an order.
In the case of direct or indirect references to external internet pages, any liability of the Operator is excluded. The Operator has no influence on the content of linked pages. The provider of the linked site is solely liable for illegal, incorrect or incomplete contents, and particularly for damages resulting from the use or non-use of information provided.
Confidentiality obligation
Rasminka is obliged to maintain secrecy with respect to all facts and figures that come to its knowledge in connection with the execution of the order, unless there is a written permission releasing Rasminka from this obligation. The secrecy obligation continues after the termination of the contractual relationship.
Disclaimer
The Operator is liable for damages resulting from the access to their website (in particular for failures, interruptions and disturbances) only if the User can prove gross negligence. The Operator is not liable for disruptions in the quality of access to the services of rasminka.ch, abrechnungen.ch or design-gafik.ch due to force majeure, or events which the Operator is not responsible for, in particular in the event of communication network failures. Opening files is at the risk of the Customer. The Operator shall not guarantee that the files are virus-free, nor that they cannot cause damages on the client’s computer
The information published on the website constitutes neither a solicitation nor an offer or recommendation to participate in a company or other investments.
We use customers’ inputs to provide accounting and similar services, meaning that the results are always based on customer input or customer research requests. Rasminka therefore accepts no liability for damages caused by incorrect or incomplete results.
Rectification
The User has the right to remove any deficiencies. The Operator shall be given an opportunity to eliminate the deficiency.
Place of jurisdiction/ Applicable law
For any disputes between Rasminka and its customers, Zurich shall be the exclusive court of jurisdiction. Swiss Laws are exclusively applicable.
Zürich, 09.09.2016