General Terms and Conditions (GTC)

Clark Switzerland AG (as at: 02.04.2025)

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 referred to as “Clark Switzerland” or “we”), Tel.: +41 (0) 61 821 22 33, Email: info@ch.clark.io.

Clark Switzerland operates as an independent insurance broker supervised by FINMA in Switzerland, as well as a consultant in connection with pension solutions, products, and tax issues on the Swiss market.
Clark Switzerland is part of the Clark Group. We may involve companies within the Clark Group for specific tasks during the contract execution.

The assignment for the services provided by Clark Switzerland is carried out through the available service channels, such as our website ch.clark.io (including landing pages), our customer portal, or direct contact with our customers, with no right to use a specific channel.

The services and applicable terms are detailed below.

1. Scope of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as “GTC”) govern the business relationship between you (hereinafter referred to as “Customer” or “you”) and Clark Switzerland. The GTC apply to all legal transactions made via the aforementioned channels in contact with Clark Switzerland. Any separate agreements made between you and Clark Switzerland, which are in writing (including via email), remain unaffected by these GTC. In case of conflicts between these GTC and separate agreements, the latter take precedence, provided they were concluded in writing (including via email). 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. Tax Services

Customers residing in Switzerland can appoint Clark Switzerland for individual consultation and support related to the tax declaration. This includes:

Storing and organizing tax documents
Providing support with or taking over the completion of the tax declaration, based on documents provided by the customer.

The CLARK customer portal enables the efficient storage and organization of tax documents for individuals residing in Switzerland who wish to submit a tax declaration to Swiss authorities. Using the documents and information uploaded by customers, we prepare tax declarations for our customers in a digitized process. Clark Switzerland also offers individual consultation and support related to tax declarations. The customer can additionally appoint Clark Switzerland to fill out and submit the tax declaration on their behalf.

The customer can also appoint Clark Switzerland to correspond directly with tax authorities on their behalf and request all documents necessary for the fulfillment of the customer’s assignment. In this case, a separately signed written power of attorney from the customer is required for Clark Switzerland to represent them before the authorities.

The information provided by the customer advisors and specialists of Clark Switzerland is based on years of experience in tax consulting. However, it does not replace specific legal or tax advice from specialized professionals (e.g., lawyers, banks, tax experts) or official information from authorities in individual cases. Such services are not provided by Clark Switzerland and are excluded from the services offered by Clark Switzerland. In exceptional cases, we also offer support in the context of potential objections, challenging rulings, or other processes before administrative authorities, which, however, must be agreed upon individually.

3. Insurance and Pension Services

Clients can assign Clark Switzerland to provide insurance consulting, brokerage, and management services, as well as other services related to third-party insurance products in Switzerland. We collaborate with well-known Swiss insurance companies.

When Clark Switzerland is commissioned by the client to take out insurance contracts on their behalf, Clark Switzerland is required to base its proposal on a reasonable number of contracts and insurers available on the market and to advise the client according to their needs. This does not apply if Clark Switzerland informs the client that, in a specific case, only a limited number of providers and/or products are available. In such cases, Clark Switzerland will justify its proposal and disclose the providers, unless the client waives this in advance.

Clark Switzerland provides consulting and assistance to the client in various insurance matters, particularly in risk and insurance analysis, determining insurance needs, concluding and managing ongoing insurance contracts, and in assisting with claims with the insurers. We also provide advice on insurance and pension solutions (including occupational pension plans, the 3rd pillar, life insurance). We offer our clients guidance in selecting the right insurance or pension-related investment products and accompany them throughout the contract process with the insurance provider, during the contract term, and until the end of the contract.

The client can also instruct Clark Switzerland to provide access to the digital mortgage exchange platform “Credit Exchange” (Credex), operated by Credit Exchange Switzerland AG, Zurich, via a collaboration that Clark Switzerland maintains with HYPOTEQ AG.

Furthermore, the client can instruct Clark Switzerland to negotiate with insurance companies and manage the completed insurance policies. The exact and binding subject and scope of the services may be defined by a separate brokerage agreement or consulting mandate, as well as, if applicable, by specific service catalogs that will prevail over these GTCs in case of a conflict.

Additionally, we offer to review existing insurance policies for their usefulness and completeness. This review process is based on objective and generally accepted standards. It should be noted that insurance needs change over time. An insurance policy taken out may no longer meet the changed needs later on. It may also differ from the standards used by the software. Therefore, Clark Switzerland does not guarantee that existing contracts, for which we manage administration, were the most suitable, best, or most reasonable choice for the client at the time of conclusion.

For all our insurance and pension services, we rely on the long-standing experience of our employed advisors and sales partners in insurance and pension consulting, as well as the latest digital technologies, to offer our clients the best possible conditions. The advice provided by our advisors and specialists takes into account, especially in contract recommendations, the price-performance ratio, reliability, and flexibility in claims processing. However, it does not replace a specific risk analysis by qualified risk managers.

Clark Switzerland also does not provide advice on captive and ART solutions (alternative risk transfer), the handling of complex and large claims, or the enforcement of insurance claims with insurers.

The provision of insurance brokerage services is regulated by law. Furthermore, consulting in the field of pension products may be subject to specific legal provisions. Before using our insurance brokerage and consulting services, we ask you to take note of our initial information under article 45 of the Insurance Oversight Act (IOA).

4. Compensation

The services provided by Clark Switzerland are compensated as follows:

a. For Tax Services

The currently applicable prices and terms for tax declarations can be found in our customer information sheet for tax consulting on our website under “Client Information Sheet for Tax Advice”: ch.clark.io/en/customer-information-tax/

b. For Insurance and Pension Services

For services related to the consultation and mediation of insurance and pension solutions, Clark Switzerland will be compensated with standard industry fees (commissions, fees, discounts, and/or other valuable benefits), which will be paid by the insurance and pension companies to Clark Switzerland. These fees are generally calculated as percentages of the premiums paid by the customer to the insurance company, either on an ongoing basis or as a one-time premium. The fee is included in the premiums offered by the insurance companies and paid by the customer. The customer agrees that the insurance and pension companies will direct such fees to Clark Switzerland and will waive the right to request or receive the commission from Clark Switzerland.

Revenue from the activities as an insurance broker is exempt from VAT in Switzerland (Art. 21 Para. 2 No. 18 VAT Act). Fees for services according to this section are subject to potential VAT claims if the practice of the Swiss Federal Tax Administration changes. Clark Switzerland does not take responsibility for the correct payment of any taxes of the customer, such as insurance taxes.

In case of termination of the cooperation by the customer at an inappropriate time, particularly within 12 months from the start of the contract, Clark Switzerland may charge a fee based on time spent for expenses that are not covered by the compensation received from the insurance companies.

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

For additional services requested by the customer, Clark Switzerland will agree on a separate fee with the customer in advance.

Clark Switzerland is also entitled to receive separate compensation for services provided to insurance or investment companies or risk carriers, which are billed separately from the aforementioned compensation (commission, fees, etc.). These fees are not part of the previously mentioned fees and will be paid to Clark Switzerland in addition to these fees and without the obligation to disclose or transfer them to the customer.

5. Customer Cooperation Obligations

The customer must provide Clark Switzerland with all the required documents, information, and necessary details for the execution of the services and activities to be performed by Clark Switzerland. These must be provided in full and accurate within the deadlines set by Clark Switzerland.

The customer must promptly and correctly inform Clark Switzerland of any changes to risks, investments, needs, or other relevant circumstances. This also includes documents, events, information, and situations that the customer becomes aware of after the business relationship with Clark Switzerland has been established and the registration is completed.

If the customer must actively participate in concluding a specific contract (e.g., by signing an application form), the customer must promptly provide the necessary declarations and/or actions upon request by Clark Switzerland or the relevant contractual partner.

6. Power of Attorney

For the provision of certain services, particularly in connection with representation towards insurance companies or tax authorities, it is necessary for the customer to grant Clark Switzerland a power of attorney in the usual industry scope. This power of attorney allows Clark Switzerland to:

Manage and oversee the submitted insurance contracts
Negotiate new insurance contracts for the customer
Access the customer’s existing insurance contracts with insurers, pension providers, or similar entities
Transfer the relevant data of existing contracts into Clark Switzerland’s systems
Assist the customer with insurance claims

Clark Switzerland or an appointed customer advisor will contact the customer separately to obtain the necessary power of attorney if it is required for the specific service.

7. Rejection or Revocation of the Power of Attorney

Clark Switzerland reserves the right to reject a power of attorney at any time and without giving reasons, and is not obligated to use a power of attorney granted to it.

The general power of attorney according to item 6 can be restricted or fully revoked by the customer or Clark Switzerland at any time. If Clark Switzerland is informed 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

Clark Switzerland makes every effort to reliably provide its services in high quality via electronic services, such as the CLARK customer portal or the CLARK app. However, no guarantee can be given for continuous or uninterrupted access to services. Clark Switzerland is not liable for failures due to technical reasons (e.g., hardware failures, software errors, or maintenance work) or for interruptions that are outside Clark Switzerland’s control (e.g., force majeure or third-party fault) – except in cases of intentional or grossly negligent conduct.

9. App Usage Terms

By downloading and using the app, a user agreement is established between Clark Switzerland and the user. All content displayed in the app, including texts, graphics, logos, images, and other elements, is protected by intellectual property rights and is owned by Clark Switzerland, licensed users, or third parties. By using the app or the existing contractual relationship, no rights to this content are transferred to the user.

The use of all features of the app is only possible after registration of the customer and their consent to the GTC. If certain services, such as the mediation of certain products, require prior identification of the customer with a valid official photo ID (passport or ID card), the customer must perform this separately according to the instructions of Clark Switzerland.

The use of the app as such is free of charge and can be terminated at any time.
Only adults and individuals who are legally capable in relation to the respective service are authorized to use and register.

When using the app and our other services, all questions during registration must be answered completely and truthfully. If there are doubts about the completeness or accuracy of the information, Clark Switzerland can terminate the cooperation at any time and reverse the registration of the customer. Regarding the collection, storage, and processing of data, our separate privacy policy applies. You can view and download it.

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

The customer agrees to use the app and the services offered accordingly and for their intended purpose only and, in particular, not to:

Integrate, embed, introduce interfaces for, combine with, or otherwise integrate or link the app or its underlying software and software code in whole or in part into their own or third-party software;
Sell, rent, license, sublicense, lend, or otherwise distribute it;
Use it for illegal purposes.

Clark Switzerland is entitled to, at any time and without providing any reasons:

suspend the provision of the app or
terminate the customer’s right to use the app, especially if the customer violates the terms of use.

The customer has no claim to a user account. Clark Switzerland can temporarily block the customer’s access if there is a legitimate interest in doing so. If Clark Switzerland blocks a user account, the affected customer will be informed immediately in writing (which also includes email or SMS).

In the course of using the app, services and functions from third-party providers (such as network providers, mobile providers, etc.) are also utilized. The use of third-party services is subject to the terms and conditions of these providers, and we assume no responsibility for them.

10. Confidentiality, Data Protection, and Data Security

Clark Switzerland treats all customer data, information, and documents confidentially in accordance with these GTC and the Privacy Policy.

The customer may request the deletion of their user account (in the app or the customer portal) at any time. With regard to the storage of data beyond the existence of the business relationship, our Privacy Policy applies. This can be viewed and downloaded at any time at ch.clark.io/en/privacy-policy/.

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 inform Clark Switzerland via email at: info@ch.clark.io.

The customer is responsible for securing their data in the app by creating their own backup copies. This includes all data and documents entered, uploaded, stored, or otherwise transmitted by the customer to Clark Switzerland or by Clark Switzerland to the customer.

Clark Switzerland may make updates or upgrades to the app at any time without prior notice.

Recording and storing phone calls only happens after the customer has been explicitly informed. This is done due to legal documentation and proof requirements and for training purposes. Clark Switzerland employees can listen to the recordings and are authorized to make transcripts of them. In the event of a legal dispute, the recordings and transcripts may be used as evidence.

11. Liability

Clark Switzerland provides its services with due business care. For any damage resulting from negligence, errors, incorrect information, or other causes, Clark Switzerland is liable to the customer based on the following principles:

Clark Switzerland is only liable for intentional or grossly negligent breaches of contract, and only to the extent that damages were caused directly and immediately by such intentional or grossly negligent breaches of contract. Any potential liability is limited to twice the compensation Clark Switzerland received for the affected customer’s services, in any case, however, with a maximum of CHF 500,000.00. Clark Switzerland is not liable for claims arising directly or indirectly from intentional, negligent, or otherwise faulty behavior by the customer, their organs, or employees, or for claims for damages due to incomplete, late-submitted, incorrect, or misleading documents, information, or actions provided by the customer or third parties, or in connection with a breach of the customer’s duties, particularly their duty to cooperate.

If third parties, especially network partners or other intermediaries, are involved as auxiliaries, Clark Switzerland is not liable for their conduct, and only these third parties are liable to the customer. Any liability of Clark Switzerland is excluded for these cases. The same applies to actions or omissions by insurers, potential providers of investment products, and/or other potential contractual partners with whom customers interact or contract.

12. Communication

Communication between the customer and Clark Switzerland is generally conducted electronically via email (info@ch.clark.io), with exceptions for written or postal communication for matters that require a legal written form.

13. Collaboration with Third Parties

Clark Switzerland has collaboration or framework agreements with significant, licensed insurance companies operating in Switzerland (including health insurers and registered collective foundations) but is legally independent.

Risk identification as well as claims handling and settlement are generally managed by the respective insurance company in agreement and coordination with Clark Switzerland. At the customer’s request, Clark Switzerland will support and accompany the customer during claims handling and settlement. However, Clark Switzerland does not take on or finance the enforcement of insurance claims against insurance companies.

Premium collection is handled by the insurance company.

If Clark Switzerland deems it necessary or appropriate for the customer’s needs, especially in the case of relevant international relations or in connection with pension solutions, Clark Switzerland may also collaborate with third parties, including other intermediaries or network partners.

Clark Switzerland does not assume any liability towards the customer for any actions or omissions by these intermediaries or network partners.

14. Termination

The customer has the right to terminate the business relationship with Clark Switzerland at any time without observing a notice period.

Both the customer and Clark Switzerland can terminate the business relationship at any time without notice for a valid reason. A valid reason exists particularly if

the customer deliberately provides false information about their person or the information required for tax and mediation services,
the customer is in arrears with the payment of invoices and fails to pay despite reminders,
the customer or Clark Switzerland violates significant obligations from these General Terms and Conditions or applicable law.

For termination, whether ordinary or extraordinary, a text form (email or letter) is sufficient.

In the event of termination, the customer agrees to pay for the services rendered by Clark Switzerland up to the date of termination according to the agreed remuneration.

15. Contract Amendments and Additions

Clark Switzerland reserves the right to amend or supplement these GTC at any time, with the customer’s right to terminate the contract remaining unaffected. Clark Switzerland will make such amendments or additions in good faith, and the customer will not be unilaterally burdened with significant new obligations unless this is necessary due to applicable laws, changes in legislation, or for the proper provision of Clark Switzerland’s services. All amendments or additions to these GTC, including those related to this clause, will be communicated in writing or in another form that is verifiable by text.

16. Assignment Prohibition / Set-Off

The assignment of rights and obligations arising from the legal relationship between Clark Switzerland and the customer based on these GTC is only permitted with the written consent of both parties. An exception to this is the assignment by Clark Switzerland for collection purposes or for claiming payments from the customer, which is permitted.

The customer is not entitled to offset any claims against Clark Switzerland with any claims from Clark Switzerland and acknowledges that Clark Switzerland is entitled to offset its claims against any claims from the customer.

17. Applicable Law and Jurisdiction

These GTC, as well as all other legal relationships between Clark Switzerland and the customer, are exclusively governed by Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and all conflict-of-law rules of Swiss private international law are excluded.

The exclusive place of jurisdiction for any disputes related to these legal relationships, including those concerning the validity, legal effectiveness, amendment, or termination of the aforementioned legal relationships, is Zofingen (Canton Aargau).

You can find the previous version of the GTC here.