General Terms and Conditions
Last update: February 23, 2024.
Please note that the French version is authoritative. The English version is a translation and is provided for information purposes only.
General information
By accessing Tax-services.ch (hereinafter “platform”, “website”, “operator”, “company”), you (“user”, “customer”) agree to the current terms of use and all associated legal provisions. By registering, registered users have explicitly agreed to these terms.
These general terms and conditions (GTC) apply to one of the areas of activity of Fiduciaire Fidulex Sàrl (hereinafter “the operator”), which offers a tax declaration and tax advice service via the website.
The operator reserves the right to modify these GTC at any time and to publish the updated version on www.tax-services.ch.
If you do not accept these conditions, please do not use the platform.
The customer / User
To become a user and be contractually bound, the customer declares that he/she is over 18 years of age and/or has sufficient legal capacity to enter into a contract.
In order to benefit from the service offered by the operator via the website, the customer must enter his/her identification data, such as surname, first name, e-mail address, telephone number and address, when registering on the platform.
The customer will be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his computer and access codes to prevent unauthorized use.
If the customer has reason to believe that his data has been made known to a third party, or if it has been used in an unauthorized manner or is likely to be used, he must inform the operator immediately.
The customer must check that his data is correct and complete and inform tax-services.ch in the event of any variation and/or modification in the information provided.
Ordering and contracting
The contract is concluded when the customer confirms acceptance of the services.
- On the platform, by choosing a package and creating a user account.
- As soon as the requested documents are received, whether by post, e-mail or any other means of communication.
- Make an appointment via the website and send us the documents at the time of the appointment.
The operator has the right to refuse customers and cancel contracts, without having to justify its decision. In this case, the customer will be informed and any payment already made will be refunded. No claims will be accepted.
Pricing
All prices are in Swiss francs (CHF).
The operator reserves the right to change prices at any time. The prices shown on the www.tax-services.ch website apply at the time the contract is concluded.
Forfaits
An upgrade from a smaller to a higher package is possible at any time, the request must be made by e-mail by the customer. However, the reverse is excluded (impossibility of upgrading to a lower package). If the customer has chosen a package and does not take advantage of all the services, they are not entitled to a refund.
Additional services / Extras
Extras selected for a package cannot be deselected at a later date.
If an additional service has been provided, it will be invoiced in full, and any refund for unused additional services is excluded.
Price increase
In certain cases, the operator may increase the price of the corresponding flat-rate service or charge additional costs at the hourly rate of CHF 180 per hour. In particular:
- When the customer has not correctly filled in the information required to set the price.
- When the customer asks questions/discusses excessively by e-mail.
- When the customer exceeds the exchange time set out in their package.
- When the customer brings in a large number of documents (e.g. maintenance charges for property, numerous securities, calculation and sorting of medical expenses).
Payment of the service
The customer is obliged to pay the invoiced amount before sending his tax return or before handing over any type of document completing the service.
In any case, the invoice is payable within a period of 10 days. If the invoice is not settled within the aforementioned payment period, the client will first be notified. If the client does not pay the invoice within the reminder period, a second reminder will be sent. If, despite this, the client still does not proceed with the payment, they will automatically be in default of payment. After exceeding the 2nd deadline, the client will be given formal notice, and steps will be taken to recover the amount due. A late payment interest of 5% will be calculated from the date of the formal notice.
The operator reserves the right to demand payment of a deposit at any time and without giving reasons.
The company reserves the right not to provide the service and will immediately cancel access to the platform in the event of late payment.
Obligations of the parties
Obligations of the operator
Unless otherwise agreed, the company fulfils its obligations by providing the agreed service. The service includes those services that are or were published online at the time the contract was concluded. A large proportion of the services provided by the company are provided online.
Customer obligations
By registering, the customer expressly declares that all information provided is true, up-to-date and complies with the rights of third parties, good morals and the law.
The customer undertakes to cooperate fully and proactively. In particular, it undertakes to provide the operator with all the documentation required for the latter to provide its services. The documents must be submitted within a reasonable period of time.
The customer shall bear all the consequences of late transmission of the documents requested.
The customer also confirms that all income, deductions, assets and liabilities have been communicated via the platform or by e-mail, and declared.
For the performance of additional/extra services, in particular objections, requests for information or verification of the tax form, the customer must provide all documents received from the tax authorities within 5 days of receipt of the said documents by e-mail or via the platform.
Cancellation
Both parties are entitled to terminate the contract at any time. In all cases, the customer must pay the operator a lump-sum contribution to costs of CHF 100. If the actual costs incurred exceed CHF 100, the costs incurred as a result of the termination will be billed to the customer.
The customer is not entitled to claim expenses arising from the collection of various documents or the preparation of lists and overviews or in the event of payment for documents from third parties (e.g. certificates, bank documents, old tax returns) in the event of termination on the part of the operator.
Garantie
The operator undertakes to keep its website and platform accessible and secure, adopting known technological measures to ensure its proper operation. However, we cannot guarantee a total absence of interruptions, viruses or other cyber threats. We are not responsible for the accuracy or completeness of the information published, including that from external sources or accessible via links.
Users must report any malfunction immediately. Furthermore, the operator declines all liability for direct or indirect damage resulting from use of the platform, including loss of data.
Exclusion of liability
The operator presumes the truthfulness, completeness and conformity of the information and documents provided by the customer. The operator does not undertake to verify the accuracy or legality of the information, documents and data provided.
The customer acknowledges and accepts that the operator cannot be held responsible for any loss of tax benefits or additional tax charges resulting from the customer providing inaccurate or incomplete information. It is the customer's responsibility to ensure that information relating to income, deductions, assets and liabilities and any other relevant information is complete and accurate.
The operator's liability for any direct or indirect damage is expressly excluded.
In all cases, the operator's liability for any direct or indirect damage is limited to the amount of the fees paid for the services rendered. This limitation of liability does not apply in the event of direct damage resulting from gross negligence on the part of the operator.
In addition, the operator excludes all liability for damage resulting from computer attacks, which may lead to unauthorised disclosure of data on the Internet or by any other means.
Public figures are expressly advised not to use the platform to submit their tax returns, due to the inherent risk of cyber-attacks and the disclosure of their personal information, with any resulting potential damage being expressly excluded from the operator's liability.
However, public figures are invited to contact the operator directly to arrange an appointment for the secure submission of their documents, outside the online platform, thus guaranteeing confidential and secure processing of their information.
Rules for using the platform
The following activities are strictly forbidden on the platform and will be the sole responsibility of the user, without prejudice to any penalties:
- Access to or use of the Site for illicit or unauthorised purposes, whether for profit or not.
- Transmission, installation, or publication via the site of viruses, malware, or other harmful elements.
- Transmission, installation ou publication via le site de virus, de logiciels malveillants ou d’autres éléments nuisibles.
- Collection of personal data from other users.
- Use of the Site in a manner contrary to ethics, good faith, good practice and public order.
- Creating accounts under a false or stolen identity or any other action likely to mislead the operator regarding the identity of the concerned user.
- Unauthorized access to restricted sections of the Site, associated systems or networks, Tax-services.ch servers, or services offered through the platform, through hacking, password tampering, or any other unlawful means.
- Violation or attempted violation of security or authentication measures of the Site or any connected network, as well as measures protecting the content offered on the platform.
- Actions resulting in a disproportionate or unnecessary load on the platform's infrastructure, the owner's systems or networks, as well as systems and networks connected to the platform.
- Obstruction to the normal course of events, contests, promotions, or other activities organized through the site, whether by illegally modifying access, participation, or operation of these activities, or by falsifying results and/or using fraudulent participation methods.
Failure by the user to comply with these obligations may result in Tax-services.ch adopting measures in accordance with the legislation in force and within the framework of its rights or obligations. These measures may include the deletion or blocking of the account of the offending user, without the possibility of compensation for any damage suffered.
It should be noted that these regulations have been drawn up to protect the integrity and security of the platform and its users. The operator reserves the right to take all legal measures necessary to prevent, detect and punish any reprehensible behaviour.
Intellectual property rights
The operator is the owner of the platform, as well as of all the content offered on it, including the site itself, the texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, domains, including software, computer programmes, or any other information or content, as well as the services available through them and which may be accessed by customers.
Under no circumstances shall it be understood that access, browsing and use of the site by the customer imply a total or partial waiver, transmission, licence or transfer of the said rights by the operator. The customer has the right to use the content and/or services of the site in a strictly domestic environment and solely for the purpose of taking advantage of the services provided in accordance with these conditions.
References to registered trademarks or trade names, or to other distinctive signs, whether belonging to tax-services.ch or to third parties, imply a prohibition on their use without the consent of the operator or of their rightful owners. At no time does access, browsing or use of the site and/or its content confer on the client any right whatsoever in respect of the distinctive signs included therein, unless otherwise provided for in these conditions.
All intellectual property rights to the site's content and/or services are reserved and, in particular, it is forbidden to modify, copy, reproduce, communicate publicly, transform or distribute, by any means and in any form whatsoever, all or part of the content included on the site, for any purpose whatsoever, without the prior, express and written authorisation of the operator or, where applicable, the holder of the corresponding rights.
Data protection
The operator must process and use the data collected when the contract is concluded in order to fulfil its contractual obligations. The operator shall take all necessary measures to ensure data protection in accordance with statutory provisions. The customer agrees to his data being stored and used in accordance with the contract and is aware that the operator may disclose his data or that of third parties in the event of court or official orders. Unless expressly excluded by the customer, the operator may use the customer's data for marketing purposes and pass it on to partners in order to prepare offers/quotes for the customer.
The operator's data protection declaration also applies.
Various provisions
Confidentiality
The customer and the operator agree to maintain the confidentiality of all information exchanged or obtained during the provision of services. This obligation of discretion remains in force after termination of the contract.
Droit applicable / For juridique
These general terms and conditions of sale are governed by Swiss law. In the event of a dispute between the parties, the courts of the canton of Geneva shall have exclusive jurisdiction.