General Terms and Conditions (GTC)

Clark Switzerland AG (as at: 01.09.2023)

About us:

Clark Switzerland AG, Frikartstrasse 5, 4800 Zofingen, is registered in the commercial register of the Canton of Aargau under the number CHE-473.453.948 (hereinafter „Clark Switzerland“ or „we“), tel.: +41 (0) 61 821 22 33, e-mail: <info@ch.clark.io>.

Clark Switzerland acts for its clients as an insurance intermediary supervised in Switzerland and as an advisor in connection with pension solutions and products as well as tax issues on the Swiss market. As of 01.09.2023, Clark Switzerland is registered as a tied insurance intermediary with registration number 38185 in the public register of insurance intermediaries. Clark Switzerland is part of the Clark group of companies. We may call on companies of the Clark Group for individual tasks within the scope of contract processing.

Summary of services:

We provide our services via various channels, including via an app that can be accessed via smartphones (hereinafter „App“), via our website (incl. landing pages) or in direct contact with our customers. We also operate the website ch.clark.io.

As part of the app solution, we enable our customers to upload tax documents and information to a “tax wallet”. We use the uploaded documents and information to prepare tax returns for our customers in a digitized process. We can expand the app to include further functionalities and application options.

We also provide advice on insurance solutions and pension provision (in particular pension funds, 3rd pillar, life insurance). We offer our clients advice on choosing the right insurance or pension-related investment product and support them in concluding the contract with the insurance company, during the term of the contract and until the end of the contract. We draw on the experience of our employed advisors and sales partners as well as the latest digital technologies to provide our customers with the best conditions. The services and applicable conditions for this are regulated in detail below.

1. Scope of the General Terms and Conditions

These General Terms and Conditions (hereinafter „GTC“) govern the business relationship between you (hereinafter „Customer“ oder „you“) and Clark Switzerland. The GTC apply to all legal transactions that are made via or in connection with the App or via other channels (e.g. via websites (incl. landing pages), e-mail or telephone) in contact with Clark Switzerland. Any agreements separate from these GTC that are or have been concluded in writing (including by email) between you and Clark Switzerland remain reserved or unaffected. In the event of contradictions between these GTC and separate agreements, the latter shall take precedence, provided they have been concluded in writing (including by e-mail).

The GTC apply in the version valid at the time of the respective order. You can find these GTC online at: ch.clark.io/gtc.

2. Subject matter of the contract (our services)

The customer can commission Clark Switzerland:

• with the storage and organization of tax documents in the app as well as advice and support in or take over the completion of the tax return based on the documents provided by the customer
• to take over correspondence with and, if necessary, representation before the Swiss tax authorities
• with insurance advice, -and support and other related services for insurance products offered by third parties in Switzerland, whereby we work together with reputable Swiss insurance companies
• advisory and brokerage services in relation to pension products offered by third parties in Switzerland (in particular pension fund, 3rd pillar, life insurance) and/or pillar, life insurance) and/or
• regarding the accessibility of the digital mortgage exchange “Credit Exchange” (Credex), which is operated by Credit Exchange Switzerland AG, Zurich, via a cooperation that we maintain with HYPOTEQ AG

The compensation for our services is regulated in particular in section 5 of these GTC.

3. Usage channels and range of services

The services provided by Clark Switzerland are commissioned on a case-by-case basis and depending on the usage channel available for the corresponding service (app, telephone, internet, etc.), whereby there is no entitlement to use a specific usage channel.

Tax services: The app enables the customer in particular to efficiently store and organize tax documents for natural persons resident in Switzerland who wish to submit a tax return to Swiss authorities. In addition, the customer can use the app to instruct Clark Switzerland to complete and submit the tax return for the customer. Clark Switzerland can add further functionalities to the app at any time. Clark Switzerland also offers the Customer individual advice and support in connection with the tax return.

Accordingly, the Customer can instruct Clark Switzerland directly or via the App to correspond with tax authorities on behalf of the Customer and to request all documents required for the purpose of fulfilling the order placed by the Customer. In this case, a separate power of attorney signed in writing is required from the customer so that Clark Switzerland can assume this representation vis-à-vis the authorities.

The information provided by Clark Switzerland’s customer advisors and specialists is based on many years of experience in advising on tax matters. However, they are not a comprehensive substitute for specific legal or tax advice from specialized professionals (e.g. lawyers, banks, tax experts) or information from authorities in specific individual cases. Such services are not provided by Clark Switzerland and are excluded from the services of Clark Switzerland. In exceptional cases, we also offer support in the context of any objections, appeals against rulings or other proceedings before administrative authorities, but this must be agreed on an individual basis.

Insurance and pension services: Clark Switzerland advises and supports the customer in various insurance matters, in particular in risk and insurance analysis, in determining insurance requirements, in taking out and maintaining insurance policies and in providing support and assistance in the event of a claim against the insurers. You can also instruct us to negotiate with insurance companies and manage insurance policies for you. The exact and binding subject matter and scope of the services can be defined by a separate broker agreement or the consulting contract and, if necessary, by specific service catalogs, which take precedence over these GTC in the event of contradictions.

We offer to check existing insurance policies for benefits and completeness. This review process is based on objective and generally recognized standards. It should be noted that the need for insurance changes over time. A concluded insurance policy may therefore no longer meet changed needs at a later date. It may also deviate from the standards on which the software is based. Clark Switzerland therefore provides no guarantee that existing contracts for which we assume the administrative management objectively represent the most suitable, best or most sensible choice for the customer upon conclusion.

If Clark Switzerland is commissioned by the customer to conclude insurance contracts for them, Clark Switzerland is obliged to base its proposal on an appropriate number of contracts and insurers offered on the market and to advise the customer on this basis in accordance with their needs. This does not apply if Clark Switzerland points out to the customer in an individual case that only a limited number of providers and/or products are available on the market. In this case, Clark Switzerland shall provide the customer with specific reasons for the proposal and disclose the providers, unless the customer waives this in advance.

The information provided by Clark Switzerland’s customer advisors and specialists is based on many years of experience in advising on insurance and pension matters and, when recommending contracts, takes particular account of the price-performance ratio and the reliability and fairness of claims processing. However, they are no substitute for a specific risk analysis by qualified risk engineers. Clark Switzerland also does not offer advice on captive and ART (alternative risk transfer) solutions, claims processing for complex and large claims or the enforcement of insurance claims against insurers.

The provision of insurance brokerage services is regulated by law. Advice on pension products may also be subject to special statutory provisions. We comply with applicable statutory law. By using the corresponding services, you acknowledge our separate information sheet in accordance with Article 45 of the Swiss Insurance Supervision Act (ISA), which can be viewed here: Link.

5. Compensation

1. For tax services

The currently applicable prices and conditions are available to you in the customer portal.

2. For insurance and pension services

For the provision of services in connection with the provision of advice and brokerage of insurance and pension solutions to the client, Clark Switzerland shall be compensated with standard market compensation (brokerage fees, commissions, discounts and/or other pecuniary benefits, etc.), which are paid to Clark Switzerland by the insurance and pension companies. This compensation is generally calculated as a percentage of the premiums paid by the customer to the insurance company on an ongoing basis or, in exceptional cases, as a one-off payment (single premium). The compensation is included in the insurance premiums offered by the insurance companies and payable by the customer. The customer agrees that the insurance or pension companies may pay such compensation directly to Clark Switzerland and waive the surrender/forwarding of the brokerage fee to the customer.

Turnover from activities as an insurance broker is exempt from value added tax in Switzerland (Art. 21 para. 2 no. 18 of the Value Added Tax Act). In the event of any change in practice by the Federal Tax Administration, compensation for services in accordance with this section shall be subject to a subsequent VAT claim. Clark Switzerland assumes no liability for the correct payment of any taxes payable by the customer, such as insurance taxes.

If the customer terminates the collaboration at an inopportune time, in particular within 12 months of the start of the contract, Clark Switzerland may invoice expenses not covered by the compensation received from the insurance companies in the form of a time-based fee.

At the customer’s request, Clark Switzerland will disclose the actual compensation received.

Clark Switzerland will agree a separate fee with the client in advance for additional services provided at the client’s request.

Clark Switzerland is entitled to receive separate remuneration from insurance or investment companies or risk carriers for services provided to them, which will be invoiced independently of the aforementioned compensation (brokerage, commissions, etc.). These remunerations are not part of the aforementioned compensation and are due to Clark Switzerland in addition to this compensation and also without any obligation to surrender/forward them to the customer.

6. Granting of general power of attorney

For the use of certain services, in particular with regard to representation by Clark Switzerland vis-à-vis insurance companies or tax authorities, we require a power of attorney from you to the extent customary in the industry, which authorizes Clark Switzerland in particular:

• to manage and administer the contracts transmitted to us;
• to broker new contracts;
• to view your existing contracts with insurers, pension providers, etc.;
• to transfer the data of existing contracts to the systems of Clark Switzerland;
• to support you in the settlement of insurance claims.

Clark Switzerland or the relevant customer advisors will contact you separately if a corresponding power of attorney is required.

Clark Switzerland may also use the signature provided by the customer for the granting of the power of attorney for other documents with the customer’s consent and forward these to insurers or other authorized third parties if necessary.

7. Refusal or revocation of the power of attorney

Clark Switzerland has the right to refuse a power of attorney at any time and without giving reasons and is not obliged to make use of a granted power of attorney.

The general power of attorney pursuant to Section 6 may be restricted or revoked in full by the customer or Clark Switzerland at any time. If Clark Switzerland is aware that the revocation of the power of attorney occurs at a particularly unfavorable time for the customer, Clark Switzerland will only revoke the power of attorney for important reasons.

8. Availability of the App / electronic services

Clark Switzerland endeavors at all times to provide its services in the best possible way via the App or other electronic services and to enable their use by the customer without interruption. However, Clark Switzerland does not owe or guarantee that the App or other electronic services used can be used at all times or without interruption and, in particular, is not liable – except in cases of willful misconduct or gross negligence – for failures of the App for technical reasons (e.g. due to hardware malfunctions, faulty software or other technical problems). In particular, it shall not be liable – except in cases of intentional or grossly negligent action – for failures of the App for technical reasons (e.g. due to hardware malfunctions, faulty software or maintenance work) or for reasons beyond Clark Switzerland’s sphere of influence (e.g. due to force majeure or third-party fault, including fault on the part of the customer, for example if there is a problem with the customer’s smartphone).

9. Terms of use of the App

By downloading the App, a contract of use is concluded between you and us regarding the use of the App. All content displayed in the app, such as texts, graphics, logos, images, etc. are protected by intellectual property rights and are the property of Clark Switzerland, licensed users or other third parties. No rights are transferred to you as a result of the usage and business relationship or the use of the app.

The use of all functions of the app is only possible after the customer has registered and agreed to the GTC. If certain services, such as the brokerage of certain products, require prior identification of the customer by means of a valid official photo ID (passport or ID), the customer must carry this out separately in accordance with instructions from Clark Switzerland.

The use of the app as such is free of charge and can be terminated at any time.

Only natural persons of legal age and capable of judgment in connection with the service requested are entitled to use and register.

When using the app and our other services, all questions must be answered completely and truthfully during registration. If there is any doubt about the completeness or correctness of the information provided, Clark Switzerland may terminate the cooperation at any time and cancel the customer’s registration. Our separate privacy policy applies with regard to the collection, storage and processing of data. You can view and download.

Clark Switzerland does not guarantee that the data that Clark Switzerland receives from the insurers is complete and/or correct.

The customer undertakes to use the app and the services offered with it only in accordance with their respective purpose and, in particular, to use the app or the software on which it is based and the services offered with it only for their intended purpose. the software on which it is based and its software code:

• in whole or in part into its own or third-party software, to incorporate it therein, to introduce interfaces for it, to combine it with such software or to integrate or link it in any other way;
• to sell, rent, license or sublicense, lend or otherwise distribute it;
• for illegal purposes.

Clark Switzerland is entitled at any time and without giving reasons:

• to discontinue the provision of the app or
• to terminate the customer’s right to use the app, in particular if the customer violates the terms of use.

The customer is not entitled to a user account. Clark Switzerland may temporarily block the customer’s access if there is a legitimate interest in doing so. If Clark Switzerland blocks a user account, the customer concerned will be informed immediately in text form (including e-mail or SMS).

In the course of using the app, services from other providers are also used (e.g. network providers, mobile phone providers, etc.). The use of third-party services is subject to the terms of use of these providers and we assume no responsibility for this.

10. Confidentiality, data protection and data security

Clark Switzerland treats all customer data, information and documents of the customer confidentially in accordance with these GTC and the privacy policy.

The customer can request the deletion of his user account at any time. With regard to the storage of data beyond the existence of the business relationship, our privacy policy applies. The current version of this can be viewed and downloaded at any time at: Permalink.

The customer is responsible for the secure storage of their access data and must treat it confidentially and keep it secret from third parties. If the customer suspects misuse of his data, he must notify Clark Switzerland immediately by e-mail at: info@ch.clark.io.

The customer is responsible for backing up their data in the app by creating their own (backup) copies. This includes all data and documents entered, uploaded, saved or otherwise transmitted by the Customer to Clark Switzerland or by Clark Switzerland to the Customer when using the App.

Clark Switzerland may carry out updates to the App at any time and without prior notice.

Telephone calls are only recorded and saved after the Customer has been expressly informed accordingly. This is done due to legal documentation and verification obligations as well as for training purposes. Employees of Clark Switzerland can listen to the calls afterwards and are entitled to make transcripts of the recordings. In the event of a legal dispute, the recordings and transcripts may be used as evidence.

11. Customer’s duty to cooperate

The customer must provide Clark Switzerland with all documents and information required for the performance of the services and activities to be provided by Clark Switzerland, as well as the necessary details, in full and with the correct content, within the deadline set by Clark Switzerland.

The customer must inform Clark Switzerland of all risk, system, requirement and other changes immediately, correctly and in full, without being requested to do so. This also applies in particular to documents, processes, information and circumstances that only become known to the customer after the commencement of the business relationship with Clark Switzerland and the completed registration.

If the customer must actively participate in the conclusion of a specific contract, e.g. by personally signing an application, the customer must submit the corresponding declarations and/or actions without delay at the request of Clark Switzerland or the corresponding contractual partner.

12. Liability

Clark Switzerland provides its services with the care customary in the business. Clark Switzerland shall be liable to the customer for any damage caused by negligence, errors, incorrect information or otherwise in accordance with the following principles: Clark Switzerland shall only be liable for intentional or grossly negligent breaches of contract and only insofar as damage has been adequately and causally caused and which the customer incurs directly and immediately as a result of such an intentional or grossly negligent breach of contract. Any liability shall be limited to twice the compensation received by Clark Switzerland for the services provided to the customer concerned, but in all cases to a maximum of CHF 500,000.00. Under no circumstances shall Clark Switzerland be liable for claims arising in direct or indirect connection with intentional, negligent or otherwise incorrect behavior on the part of the customer, its bodies or employees, or for claims for damages due to incomplete, late, incorrect or misleading documents, records or information submitted by the customer or third parties or otherwise arising in connection with a breach of the customer’s obligations, in particular its duty to cooperate.

If third parties, in particular network partners or other intermediaries, are involved as auxiliary persons, Clark Switzerland shall not be liable for their conduct and only they shall be liable to the customer. Any liability on the part of Clark Switzerland in this respect is excluded. The same applies with regard to acts or omissions of insurers, any providers of investment products and/or other potential contractual partners with whom customers come into contact or conclude contracts.

13. Communications

Communication between the customer and Clark Switzerland generally takes place electronically via app or e-mail (info@ch.clark.io), exceptionally by telephone. The only exceptions to this are declarations or notifications that are subject to the statutory written form requirement and are made by registered or regular letter.

14. Cooperation with third parties

Clark Switzerland has cooperation or framework agreements with major insurance companies licensed in Switzerland and active in the respective insurance classes (including health insurance companies and registered community insurers). However, it is legally independent and autonomous.

Risk identification, claims handling and claims settlement are generally handled by the respective insurance company in consultation and agreement with Clark Switzerland. At the customer’s request, Clark Switzerland will support and assist the customer with claims handling and settlement. However, Clark Switzerland does not assume or finance the enforcement of insurance claims against the insurance companies.

The premium is collected by the insurance company.

If, in the opinion of Clark Switzerland, it is reasonable or necessary for the needs of the customer, in particular in the case of a relevant reference to foreign countries or in connection with pension solutions, Clark Switzerland may also cooperate with third parties, in particular other intermediaries or network partners.

Clark Switzerland shall not be liable to the customer for any acts and/or omissions of these intermediaries or network partners.

15. Contract amendments and additions

Clark Switzerland reserves the right to unilaterally amend or change these GTC at any time, whereby the customer’s right of termination remains unaffected. Clark Switzerland shall exercise this right of amendment and supplementation in good faith and the exercise thereof shall not unilaterally impose any material new obligations on the customer, unless this is necessary due to applicable laws, changes in the law or for the reasonable provision of Clark Switzerland’s services. All amendments or additions to these GTC, including those relating to this clause, must be communicated in writing or in another form verifiable by text.

16. Prohibition of assignment / offsetting

The assignment of rights and obligations arising from the legal relationship existing between Clark Switzerland in accordance with these GTC is only permitted with the written consent of both parties. Excluded from this is the assignment by Clark Switzerland for collection purposes or for the purpose of demanding payment from the customer, which is permissible.

The customer is not entitled to offset its own claims against Clark Switzerland against any claims of Clark Switzerland and acknowledges that Clark Switzerland may offset its own claims against any claims of the customer.

17. Applicable law and place of jurisdiction

These GTC and all other legal relationships between Clark Switzerland and the customer shall be governed exclusively by substantive Swiss law, excluding the Vienna Sales Convention and the conflict of laws provisions.

The exclusive place of jurisdiction for all disputes arising in connection therewith, including those concerning the validity, legal effectiveness, amendment or termination of the aforementioned legal relationships, shall be Zofingen (Canton of Aargau).