General terms and conditions of sale (GTC)
1. Obligations of the Client
1.1 To enable Resolve to perform its duties, the Client agrees to:
- Transmit all required documents, information, and declarations without undue delay
- Ensure the accuracy and completeness of the data submitted, it being specified that Resolve is not required to verify the accuracy of the documents submitted
- Resolve is not required to continue providing its services in the absence of sufficient cooperation from the Client.
2. Fees and Invoicing
2.1 External costs: the fees agreed in the mandate cover Resolve's services. They do not include costs related to the negotiation of offers (e.g. file review fees). These shall be fully borne by the partner retained by the Client, unless unilaterally terminated by the Client. Fees charged by external institutions (land registry extracts, expert valuations, etc.) are likewise excluded and invoiced separately.
2.2 Invoicing: the fees are due upon receipt of the invoice, issued electronically, in accordance with the terms agreed in the mandate signed by the Client.
2.3 Late payment: after at least 2 written reminders, the file is forwarded to a debt collection agency, which charges fees in accordance with www.fairpay.ch.
3. Confidentiality and Data Transmission
3.1 Confidentiality: Resolve processes the Client's data confidentially and observes banking secrecy where applicable.
3.2 Transmission to partners: The Client authorizes Resolve to transmit the necessary information (personal data, financial situation, property details) to selected partners (banks, insurers, mortgage trading platforms, notaries) for the purpose of negotiating the financing.
3.3 The Client unconditionally guarantees the strict accuracy, completeness, and authenticity of all information and documents provided to Resolve (including, without limitation, records relating to income, taxes, and debts). Resolve relies entirely on these elements without any obligation to verify them independently. Consequently, Resolve expressly disclaims all liability if a financial partner delays, refuses, or cancels a financing offer due to inaccurate, incomplete, or concealed information. Furthermore, the provision of forged documents or the deliberate concealment of essential facts constitutes a fundamental breach of trust ("just cause"). In such an event, Resolve reserves the right to terminate this mandate with immediate effect. The Client shall then automatically owe the full remuneration agreed in the mandate as compensation for the breach and the work performed, without prejudice to Resolve's right to claim further damages, including for reputational harm suffered with its financial partners.
4. Early Termination and Miscellaneous
4.1 In strict compliance with mandatory Swiss law (Art. 404 of the Swiss Code of Obligations), this mandate may be terminated by either party at any time by written notice.
4.2 If the Client chooses to terminate this mandate before Resolve has obtained and presented a financing offer, the Client expressly agrees to remunerate Resolve for the services and work already performed up to the exact date of termination (including, without limitation: financial analysis, file constitution, strategy planning). This remuneration shall be calculated on the basis of an hourly rate of CHF 250.- up to a maximum amount not exceeding the flat-rate remuneration agreed in the mandate. Resolve shall provide a summary of the hours worked upon request.
4.3 If the Client terminates the mandate at an inopportune time (e.g. immediately before the imminent issuance of an offer following extensive negotiations), causing concrete financial damage or out-of-pocket expenses to Resolve, the right to claim full compensation for such damages is expressly reserved.
5. Miscellaneous
5.1 If a clause is invalid, the others remain valid. An equivalent clause under Swiss law shall apply.
5.2 Communications sent to the last known email/address or published in the client area are deemed valid.
5.3 Any modification to the agreement must be made in writing and signed by both parties.
5.4 Any complaint must be communicated promptly; otherwise the services are deemed accepted.
5.5 The Parties expressly acknowledge and agree that this Mandate does not constitute, and shall not be construed as, a simple partnership ("société simple") within the meaning of Article 530 et seq. of the Swiss Code of Obligations, nor any other form of joint venture or partnership arrangement.