These general terms and conditions (GTC) contain the basic conditions for the relationship between Prospera-Invest Vermögensverwaltung AG, Zurich (hereinafter referred to as “Prospera-Invest”) and its contractual partner. The agreements concluded with Prospera-Invest take precedence over the general terms and conditions, provided that a specific regulation has been made in these agreements.
By entering into a legal relationship with Prospera-Invest, the contractual partner accepts the general terms and conditions as binding for him.
1. Right of disposal
The regulation of the right of disposal announced to Prospera-Invest applies exclusively to Prospera-Invest until it is revoked in writing, regardless of other entries in the commercial register and publications.
2. Signature or legitimation check
The contractual partner shall bear any damage that may result from inadequate rights of disposal or from forgery, provided that Prospera-Invest was unable to identify any defects despite exercising the usual care.
3. Inability to act
Prospera-Invest is not liable for damage resulting from the inability of the contractual partner or his authorized representative to act.
The contractual partner must notify Prospera-Invest immediately in writing of all facts essential to the business relationship, in particular changes to its name and address. The cost of address research is borne by the contract partner. Notifications from Prospera-Invest are deemed to have been made if they have been sent to the last address given in writing by the contractual partner or have been kept at his disposal. The time of dispatch is the date of the copies or dispatch lists in possession of Prospera-Invest.
5. Email / Internet
Since data that are transmitted over the Internet (e-mails, etc.) may not be adequately protected even with encryption, Prospera-Invest only accepts orders etc. placed over the Internet on the basis of a separate written agreement.
6. Recording of telephone conversations
The contractual partner agrees that telephone calls may be recorded if this corresponds to industry practice (e.g. stock market orders) or technical necessities (e.g. alarm organization).
7. Telephone traffic
If Prospera-Invest deems it necessary, it can suppress the number recognition for your calls in the future. In the event that the contractual partner no longer allows calls with suppressed number recognition to be put through to his connection, Prospera-Invest can no longer reach him by phone, which can lead to delays in business transactions.
8. Transmission errors
Any damage resulting from the use of post, telegraph, telephone, fax, telex, internet (e-mail) and other forms of transmission or transport, in particular from loss, delay, misunderstandings, mutilations or duplicates, is borne by the contractual partner, provided that Prospera-Invest is not grossly at fault meets.
9. Inadequate execution of orders
If damage arises from non-execution or inadequate execution of orders, Prospera-Invest is only liable for the loss of interest. It is only responsible for any further damage if it has been made aware of the impending risk of damage in writing in individual cases.
10. Complaints from the contractual partner
Complaints by the contractual partner due to orders of any kind or complaints about account or deposit statements as well as other notifications must be submitted in writing to Prospera-Invest immediately after receipt of the relevant notification, but at the latest within the deadline set by Prospera-Invest.
The contractual partner bears any damage resulting from late complaints.
In business dealings with Prospera-Invest, Saturday is equivalent to a state-recognized public holiday.
12. Money Laundering Regulations
If Prospera-Invest asks the contractual partner to provide information about the circumstances or background of a transaction, the contractual partner must provide Prospera-Invest with information immediately. As long as the contractual partner has not provided the information requested by Prospera-Invest or Prospera-Invest has a reasonable suspicion of the existence of a money laundering portfolio, Prospera-Invest is entitled not to comply with the instructions received from the contractual partner and, in particular, not to execute orders. If Prospera-Invest considers the information provided to be unsatisfactory, it can terminate the business relationship with the contractual partner immediately. It can also report to the law enforcement authorities. The bank entrusted with the safekeeping of the assets can freeze the relationship with the contracting party pending its decision on precautionary measures. The contractual partner shall bear any damage arising from orders that are not executed or executed with delay, provided that Prospera-Invest has acted in accordance with the statutory provisions and the guidelines of the Swiss Financial Market Supervisory Authority FINMA.
13. Outsourcing of Businesses
Prospera-Invest can outsource individual business areas to other companies. In particular, activities in the field of IT, securities administration, electronic data processing, compliance and auditing are being outsourced. In this context, data is stored and managed on the systems of these service providers as part of the cooperation with third-party providers (service providers).
14. Termination of business relationships
Subject to separate agreements, Prospera-Invest can terminate existing business relationships with immediate effect.
15. Changes to the General Terms and Conditions
Prospera-Invest reserves the right to change these general terms and conditions at any time. Changes will be communicated to the contractual partner in a suitable manner and shall be deemed to have been approved within one month without a written objection.
16. Applicable law and place of jurisdiction
All legal relationships between the client and Prospera-Invest are subject to substantive Swiss law. The place of performance and exclusive place of jurisdiction for all disputes and proceedings in connection with this contract is the company's registered office.
Zurich, June 2019