A) Insurance broker
TERMS AND CONDITIONS (GTC)
The following terms and conditions regulate the business relationship between the customer and ATG Business AG (hereinafter referred to as ATG). Special agreements made remain reserved to these terms and conditions. The entire content applies mutatis mutandis to women and a majority of people.
ATG is an independent insurance broker for practically all branches of insurance (excluding reinsurance). ATG and their client advisors have the necessary registrations to exercise brokerage services within the meaning of Swiss insurance supervision legislation.
The customer commissions ATG with the ongoing support of his insurances in the sense of a business relationship based on mutual trust by means of a separate broker agreement (mandate). The provisions listed below form an integral part of this brokerage agreement, which can only be modified or supplemented by a document signed by both contracting parties.
SERVICES AS AN INSURANCE BROKER
ATG is commissioned to negotiate with insurers on behalf of the customer, to obtain offers and, after approval by the customer, to place and manage the insurance.
ATG advises and supports the customer in all insurance matters that form part of the brokerage agreement. The information provided by customer advisors and specialists at ATG is based on many years of experience. You are able to provide legal and investment advice through z. B. not to replace lawyers, banks or any authorities in the specific case.
For the provision of the services in accordance with section 3, ATG is compensated with a brokerage fee or contract commission that is customary in the market and is paid by the insurer. Other forms of compensation must be agreed separately in writing between the contracting parties.
For additional services that are provided at the customer's request, ATG will charge the customer an amount of CHF 150 / hour (plus VAT).
Sales from the activity as an insurance broker are exempt from VAT (Art. 21 Paragraph 18 VAT Act). Compensation for services in accordance with section 3 applies in the event of a change in practice by the Federal Tax Administration, subject to additional VAT claims. For correct payment of any taxes of the customer such as B. ATG assumes no liability for insurance taxes.
COOPERATION WITH INSURERS
The ATG has cooperation agreements with all major insurers licensed in Switzerland (including health insurance companies), but is not legally, economically or in any other way bound to an insurance company within the meaning of Swiss insurance supervision legislation. ATG looks after the customer's insurance contracts in agreement with the responsible insurers. In this sense, ATG also provides services that reduce some of the workload for the insurer.
The responsible insurer usually takes care of risk identification and claims handling and settlement with the consent of ATG; At the customer's request, ATG supports and accompanies the customer in handling and settling the damage. The premium is usually collected directly by the insurer (with review and forwarding by ATG).
At the beginning of the cooperation with the customer, a customer advisor is appointed to take care of his insurance, who is available to him as a direct contact person and who takes on all customer care (mandate manager).
The ATG is the contact point within the meaning of Art. 45 Paragraph 1 lit. d VAG.
DATA PROTECTION, DATA SECURITY AND CONFIDENTIALITY
The ATG guarantees that its employees handle the data entrusted to them in accordance with the principles of Swiss law on data protection. The customer agrees that the data can be processed by ATG using Internet applications offered by insurers, which serve to simplify the administration of the policies. All customer data obtained in the course of contract management as well as information regarding his business activities will be treated confidentially and processed solely for the purpose of exercising the brokerage agreement. Carriers of this data are kept under lock and key at ATG and are only accessible to ATG employees. In relation to uninvolved third parties, strict confidentiality is maintained without restriction beyond the existence of the contractual relationship. This does not include forwarding the data to the insurer for the purpose of tendering or renewing the policies and in connection with claims.
TERMS AND CONDITIONS (GTC)
The following terms and conditions regulate the business relationship between the customer and ATG. Special agreements made remain reserved to these terms and conditions.
The agent takes over the services defined in the individual order agreement with the client. It executes the orders placed by the client with due care and in accordance with the applicable laws, statutes and regulations.
The agent is entitled to base their work on the facts given by the client, in particular figures, inventories and lists, as correct, unless they discover obvious inaccuracies that can be easily ascertained without additional testing. The adjustment of the differences of control accounts or between submitted accounting documents and lists resp. Certifications from institutions are basically the responsibility of the client.
The agent has the authority to take all measures for the account of the client, which the careful fulfillment of the order requires. In particular, it is authorized to obtain information from bank and bank-like institutions, tax authorities, social security institutions, insurance companies, debt collection and bankruptcy offices, the commercial register office and the like on the account of the client. It also has the right, within the framework of the general duty of care and in connection with the orders placed with it, to carry out analyzes / research and other work for the client, which it deems necessary in good faith in the sense of prudent order fulfillment.
PARTICIPATION OF THE CUSTOMER AND DUTY TO INFORMATION
The client undertakes to do everything and not to omit anything so that the agent can actually and properly fulfill its mandate in accordance with the statutory, statutory and regulatory provisions as well as the due care incumbent on it. In particular, he must, without being asked, hand over all documents necessary for the execution of the order to the agent in full and in good time so that the agent has a reasonable processing time available. The client is also obliged to inform the agent in a timely manner about all business transactions, processes and circumstances that the agent must be aware of in order to properly fulfill the order. In any case, it must be disclosed, without being asked, who is economically entitled to the transactions carried out. Any change in the board of directors and / or the shareholder / manager status must be reported to the agent without being asked and without delay, stating the current personal details.
PLACE OF ORDER FULFILLMENT
As a rule, the agent has to provide its services at its seat. If the service is provided at the client's headquarters, the agent is to be compensated for the travel times at the usual hourly rate of the employees concerned.
TIME AND LABOR
The time required to fulfill the contractual obligations is determined by the amount of work. The agent undertakes to carry out the work that is necessary to properly complete the assigned tasks and to carefully safeguard the interests of the client. The agent is not bound by a specific time limit. She will deploy suitable and appropriately trained employees to fulfill the contract.
The agent is only liable to the client for willful and grossly negligent behavior. Any further liability, regardless of the title under which it is asserted, is excluded.
The services provided by the agent are reimbursed by the client according to the time expended. The agent records and charges the time spent on fulfilling the order.
The services provided on the basis of the respectively valid contract agreement are periodically invoiced according to the usual fee rates of the agents. An hourly rate of CHF 100 - 250 can currently be assumed.
Price changes can be put into effect by the agent at the beginning of the year. For this purpose, the price changes will be announced in good time in advance by letter or email, published on the commissioner's homepage or made as part of an adaptation of the terms and conditions. Such price changes are considered part of the respective order agreement. It is up to the client to obtain information and document accordingly. The statutory value added tax is not included in the mentioned and declared hourly rates and will be invoiced additionally. Otherwise, expenses will be passed on at cost. The agent may request advances for the services to be provided. If the advance payment is not paid on time, the agent is entitled to stop the work without the client resulting in any claims for damages. At the same time, the services provided up to that point must be paid immediately and in full by the client.
CONTRACT START AND DURATION
The order agreement concluded between the client and the agent begins with their signature and ends with the agreed time lapse, the complete order fulfillment or upon termination.
The agent is entitled, in particular in the event of impending insolvency, outstanding receivables overdue for more than 90 days or over-indebtedness of the client, to terminate this order immediately and without any obligation to continue the work that has been started. The same applies if the client demands illegal behavior from the agent. In all cases, he is entitled to the fee claims for the services provided, regardless of the non-completion of the work. Upon termination of the order, the agent is entitled to charge the client a flat-rate compensation of CHF 250.00 excluding VAT for the infrastructure and archiving expenses arising from the termination of the contractual relationship. This also applies if the agent ends the order himself. The agent is required to keep the internal files relating to the contractual relationship for another 10 years. The same applies to electronic data insofar as their formats can be obtained in a timely and legible manner without further effort.
However, there is no legal claim on the part of the client to storage by the agent. It is hereby stated that the client is solely responsible for fulfilling the statutory retention requirements. The contractual relationship does not expire in the event of the client's death or incapacity to act or for any other reason in accordance with Art. 35 or 405 of the Swiss Code of Obligations.
CONFIDENTIALITY AND RETURN OF FILES
The agent is obliged to keep confidential all matters of the client that are not generally known anyway. This obligation continues for an indefinite period after the contractual relationship has ended. The agent is, however, entitled to disclose information insofar as it is obliged to do so by law or an official or court order. Upon termination of the contractual relationship, the client is entitled to the return of all files made available by him to the agent.
Notifications from the agents are deemed to have been made when they have been sent to the last known address of the client.
C) General Terms and Conditions
SATURDAYS EQUAL TO PUBLIC HOLIDAYS
In business dealings with ATG, Saturdays are equivalent to a state-recognized public holiday.
Should individual provisions of this agreement prove to be ineffective, this shall not affect the validity of the rest of this agreement. All deviating or additional agreements must be made in writing.
CHANGES IN THE TERMS AND CONDITIONS
ATG reserves the right to make changes to the General Terms and Conditions at any time. These are sent to the customer and are considered accepted within 30 days without objection.