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1. Basic information
1.1. These GTCs govern the legal relationship between the contracting parties of the brokerage agreement. The relevant rules of the Code of Obligations apply secondarily.
1.2. These GTCs apply regardless of any reference by the Customer to its own general terms and conditions of any kind whatsoever.
1.3. The contents of the website at www.money-hero.co.uk are not binding for EASYWAY FINANCIAL UG and constitute neither an offer nor a recommendation to undertake any financial transactions.
1.4. The website www.money-hero.co.uk is an informational service of EASYWAY FINANCIAL UG. Neither is EASYWAY FINANCIAL UG is financial institution, nor does it broker credit, loans or other forms of procurement of funds.
1.5. EASYWAY FINANCIAL UG merely provides information on financing and debt settlement and servicing.
1.6. All online information is free of charge. If costs are incurred for a specific query, the Customer shall be informed in advance. The scope and amount shall be indicated in advance. No costs shall be charged without the express confirmation/order of the Customer.
1.7. No costs are incurred for queries which EASYWAY FINANCIAL UG must decline to process further.
2. Conclusion and content of the brokerage agreement
2.1 With its query the Customer makes an inquiry with EASYWAY FINANCIAL UG at no cost as to whether EASYWAY FINANCIAL UG can broker financial restructuring for the Customer. If necessary the Customer shall provide further relevant information and disclosures.
2.2. By sending the query, the Customer confirms that it has read and understood these GTCs and agrees to their content.
2.3. If the result of the preliminary assessments of EASYWAY FINANCIAL UG is that a financial restructuring company will agree to restructure the financial situation of the Customer, Geld Held AG shall inform the Customer in writing.
2.4. The Customer can then engage EASYWAY FINANCIAL UG in writing or orally to broker the agreement. The brokerage agreement between EASYWAY FINANCIAL UG and the Customer shall come into being the day that payment of the brokerage fee by the Customer to EASYWAY FINANCIAL UG is posted.
2.5. Upon request EASYWAY FINANCIAL UG can provide the Customer with written confirmation that the Customer can pay the brokerage fee in two partial payments. In this case the brokerage agreement comes into being on the day that the first partial payment is posted. The second partial payment is due the day that the financial restructuring agreement is delivered to the Customer.
2.6. Upon confirmation of the order, the Customer owes EASYWAY FINANCIAL UG the full amount of the agreed brokerage fee.
3. Obligations of the customer
3.1. The Customer undertakes to pay the agreed brokerage fee to EASYWAY FINANCIAL UG after the brokerage agreement comes into being.
3.2. The brokerage fee covers the following services of EASYWAY FINANCIAL UG: filing, costs for data storage in the IT system, creation of lists, postage costs, telephone charges, fax charges, copies, flat fee for material costs and obtaining the financial restructuring agreement.
3.3. The Customer asserts that all statements made to EASYWAY FINANCIAL UG are complete and correct. Incorrect statements can lead to immediate termination of the brokerage agreement and claims for damages.
3.4. All payments of the Customer must be made to EASYWAY FINANCIAL UG free of charges and without deduction. The Customer accepts the risk of bank transfers. Collection and discount charges shall be borne by the Customer.
3.5. In the event of default of payment by the Customer, EASYWAY FINANCIAL UG is entitled to charge warning costs of CHF 25.00 per warning and suspend fulfillment of all contractual obligations until all payment obligations of the Customer are met.
3.6. The Customer must reimburse EASYWAY FINANCIAL UG for all expenses incurred due to breaches of contractual obligations by the Customer.
4. Financial restructuring agreement to be brokered
4.1. The financial restructuring institution which EASYWAY FINANCIAL UG finds for the Customer shall endeavour to negotiate a reduction of the debt and pro rata payment of all its liabilities for the Customer and with its authorisation.
4.2. During the term of the financial restructuring agreement the financial restructuring company shall receive the instalment payments agreed with the Customer itself and pass these on to the creditors according to the agreements with them. The objective is gradual debt relief for the Customer.
4.3. The financial restructuring agreement shall be delivered to the Customer by registered letter.
4.4. If the financial restructuring agreement between the Customer and the restructuring company does not come into being for reasons for which the Customer is not responsible, EASYWAY FINANCIAL UG shall repay the Customer the brokerage fee that has already been paid.
5. Right of cancellation
5.1. The Customer is entitled to withdraw from this agreement by written declaration to EASYWAY FINANCIAL UG by a deadline of 7 (seven) days from the conclusion of the brokerage agreement and request reimbursement of the brokerage fee it has paid to EASYWAY FINANCIAL UG.
5.2. The cancellation must be made by registered letter but need not be justified. Termination by other means, especially fax or electronic means, does not suffice.
5.3. The date of the postmark determines whether the cancellation deadline is met.
5.4. If the brokered financial restructuring agreement has already been delivered to the Customer, it must return the original of this to EASYWAY FINANCIAL UG along with the cancellation.
5.5. The cancellation shall be directed to EASYWAY FINANCIAL UG.
5.6. The cancellation right of the Customer expires prematurely if it has signed the brokered financial restructuring agreement before the revocation deadline.
6.1. EASYWAY FINANCIAL UG shall comply with the standards of the Swiss Data Protection Act (Datenschutzgesetz). The Customer is entitled to view the data collected on it at any time.
6.2. EASYWAY FINANCIAL UG is entitled to use the personal data for technical and organisational processing and performance of the services, for maintaining the Customer relationship and for its own marketing and promotional purposes, and in particular also for designing and developing its services as needed.
6.3. EASYWAY FINANCIAL UG is further entitled to share the Customer data with third parties commissioned to handle Customer relationships or collection of outstanding invoice amounts and to share this data with selected partner companies in Switzerland and abroad for marketing and promotional purposes.
6.4. The Customer has the option of prohibiting use of its data for marketing purposes at any time by telephone or in writing.
7. Liability and warranty
7.1. EASYWAY FINANCIAL UG is only liable for damages of the Customer that are directly connected with fulfillment of the contractual obligations and have been caused intentionally or through gross negligence by EASYWAY FINANCIAL UG or by auxiliary persons and/or subcontractors hired by it. Liability for slight negligence of EASYWAY FINANCIAL UG and auxiliary persons and/or subcontractors hired by it is excluded. Under no circumstances is EASYWAY FINANCIAL UG liable for direct or indirect consequential damage, third party damage, etc.
7.2. No liability of any kind applies to slight negligence either if:
• the Customer violates contractual provisions, or
• the Customer makes incorrect statements.
7.3. Customers or potential customers use the information and services offered on www.money-hero.co.uk and by EASYWAY FINANCIAL UG at their own risk.
7.4. EASYWAY FINANCIAL UG only brokers financial restructuring agreements between customers and a financial restructuring company. Geld Held AG assumes no liability whatsoever for the contents of the financial restructuring agreements or for any acts and/or omissions of any kind of the financial restructuring company.
7.5. EASYWAY FINANCIAL UG assumes no warranty that a financial restructuring agreement shall come into being between the Customer and the financial restructuring company it finds. The decision to accept or decline financial restructuring is up to the financial restructuring company and/or the Customer.
8.1. No oral side agreements exist. Amendments to this agreement are only valid in writing.
8.2. Notices sent to the last address provided to EASYWAY FINANCIAL UG by the Customer (by post or e-mail) are considered delivered.
8.3. Should one of the provisions of this agreement be or become ineffective or unenforceable, the parties are obligated to replace the ineffective or unenforceable provisions with other effective/enforceable provisions sufficiently close to the ineffective or unenforceable provisions that it can be reasonably assumed that the parties would also have concluded the agreement with this clause.
8.4. Swiss law applies to the present contractual relationship. The exclusive place of jurisdiction is Switzerland.