General terms and conditions

Last update of the General Conditions of Use made on 01.01.2023.

These Terms and Conditions of Use govern the terms and conditions for the provision and use of an online fiduciary service.

The Services of FBKConseils SARL are published and administered by the limited liability company with its headquarters in Pully

DEFINITIONS

For the purposes of the provisions contained herein, terms shall be understood to have the following meanings:

By “Site”, we mean the site www.fbk-conseils.ch and all associated sites (e.g. www.fbk-conseils.ch/impot); By “Company”, we mean the company FBKConseils SARL; By “User”, we mean the natural persons who visit the site and/or use the site and one or more associated Services; By “Service”, we mean all of the Fiduciary and online appointment setting services and all the associated Services made available to Users

Acceptance of the General Conditions of Use: The Service is offered by the Company to the User, subject to his unconditional acceptance of these General Conditions of Use. The User declares and acknowledges having read these General Conditions of Use in their entirety. Connection to the site implies unconditional acceptance by the User of these General Conditions of Use. In the event of non-compliance by the User with these General Conditions of Use, the Company reserves the right to suspend the Service without notice and/or to refuse access to the Service. These General Terms of Use are supplemented or modified, where applicable, by specific terms and conditions of use for certain features.

Modification of the General Conditions of Use: The Company reserves the right to modify all or part of these General Conditions of Use at any time. The User is deemed to have accepted the said modifications when he/she connects to the site following the posting of the modified General Conditions of Use.

1. DESCRIPTION OF THE SERVICE

The WEB application of tax return linked to the website aims to provide the user with an online fiduciary service as well as a proxy service to make his tax return in French-speaking Switzerland (Vaud, Geneva, Valais, Fribourg, Neuchâtel, Jura, Bern).

1.1 PERSONAL INFORMATION FORM FOR THE USER’S TAX RETURN

FBKConseils SARL provides an online form allowing the user to provide as much information as possible so that its employees can be considered as the representative of the user, his spouse and the various associated persons (children, dependents, etc.) concerning the tax return for the French-speaking cantons (Vaud, Geneva, Valais, Fribourg, Neuchâtel, Jura, Bern).

1.2 CONFIDENTIALITY AND DATA PROCESSING

All data provided by the user is confidential and subject to tax secrecy.

Then, the data will be used for the mission that has been entrusted to FBKConseils SARL.

1.3 INFORMATION OBLIGATION OF THE USER

FBKConseils SARL is not obliged to check the accuracy and completeness of the information communicated to it by the client or its agents, nor the reliability of all deeds, contracts, inventories, invoices and supporting documents of any kind, whether physical or digital, which are entrusted to it or presented by the client as evidentiary documents or to be used as such. The User certifies that he/she has the supporting documents relating to the answers provided during the process.

1.4 RESPONSIBILITY

The client scrupulously undertakes to collaborate and to provide spontaneously and in good time all the documents and information necessary for the accomplishment of the mission. The mere failure to comply with the deadlines set is sufficient to discharge FBKConseils from its obligations without further formality.

FBKConseils undertakes to carry out the entrusted assignment in the best possible way according to the information provided by the user. FBKConseils, as agent, is only obliged to transmit the data and information provided by the user in the manner required by the cantonal tax authorities of the canton of residence.

1.5 CANCELLATION

Unilaterally, FBK Conseils may at any time, according to its judgment, cancel the services purchased by refunding the amount paid by the User.

2. CREATION OF A PERSONAL ACCOUNT

2.1 CREATION

When creating an account on the WEB application, the user must provide an identifier (email address) and a password (hereinafter “Identifiers”) allowing him to access his Personal Account.

2.2 CONFIDENTIALITY

The identifiers are personal and confidential. The user is solely and entirely responsible for the use of his identifiers and undertakes to make every effort to keep his identifiers secret and not to disclose them to anyone, in any form whatsoever. The user is responsible for any harmful consequences of the loss or theft of his identifiers and must contact the company by e-mail at [email protected] as soon as possible if necessary. In any case, FBKConseils SARL cannot be held responsible.

3. PROTECTION OF PERSONAL DATA

3.1 DATA

The collection and processing of such personal data on the part of the company is regulated by the provisions of the data protection declaration accessible on the site by clicking on the link “data protection”. The protection of the user’s privacy is of paramount importance to the company. The following is a summary of the key points of the data protection declaration

3.2 DATA COLLECTED

In the course of providing the service to the user and/or as a result of registering his/her profile, the Company collects various personal data about the user necessary for the provision of the service. The personal data that the Company collects from the user may include

His/her name and surname
His email address
Her phone number
His/her date of birth

Its kind
The reason for his appointment
Its IP address (virtual address of its computer)
Its password
All information provided during the process

3.2 USES OF THE DATA

Personal data is collected in order to optimally implement the service and is only intended for the following purposes:

To transmit to the regional tax services the data necessary for the mission entrusted to FBKConseils SARL
Allow the User to manage all his appointments at any time via a secure personal account

3.3 NON-DISCLOSURE OF DATA

The Company undertakes not to transmit the user’s personal data to any unauthorized third party (commercial, advertising or other actors). The user’s personal data may be processed by the Company’s subsidiaries and subcontractors (service providers), in full compliance with the above-mentioned principle, exclusively in order to achieve the purposes of these “General Terms of Use”.

4. LIMITATION OF LIABILITY

4.1 AVAILABILITY

The Service is accessible to the User in a secure manner via the Internet and requires the availability of access to the Internet by any means at the User’s choice, charge and expense. The proper functioning of the Service is subject to the conditions of access to the Internet network by the user and a secure device. The Company shall not be held responsible for any malfunction of the Service and the consequences resulting from malfunctioning, restricted or degraded access to the Internet. In general, the Company does not guarantee that:

the functionalities of the Service will satisfy all of the user’s needs;
the service will function normally when used in conjunction with other applications, software or other components installed or synchronized with the user’s equipment/hardware,
the service will be free of errors or malfunctions.

The company makes its best efforts to make its Service available 24 hours a day and 7 days a week. However, given the specificities of the Internet network, the Company offers no guarantee of continuity of service, being bound in this respect only by an obligation of means. The company cannot be held responsible for any damage caused by the temporary or permanent impossibility of accessing any or all of the services offered by the Site.

4.2 SITE MODIFICATIONS

All the information contained on the site or directly on the WEB application may be modified at any time, given the interactivity of the site and the WEB application, without the Company being held responsible.

4.3 USE OF THE SITE

The user is solely responsible for the use he makes of the WEB application and the service he accesses from the website. The company declines all responsibility for any damage, loss or theft of information related to the use or inability to use the site or its contents.

The user expressly acknowledges that the photos on the Site are not contractual.

In general, the User accepts and acknowledges that the service is not guaranteed.

4.4. USER GUARANTEES

The user declares that he/she is fully aware of the characteristics and constraints of the Internet. He acknowledges in particular that it is impossible to guarantee that the data he has transmitted via the Internet will be completely secure. The company cannot be held responsible for any incidents that may arise from this transmission or from a device affected by a malicious program. The user communicates them at his own risk. The company can only provide the assurance that it uses all the means at its disposal to guarantee maximum security.

The user agrees to indemnify the company for any costs that the company may incur as a result of any claim or dispute, whether judicial or extrajudicial, relating to his or her use of the Services defined in these General Terms of Use and guarantees the company against any condemnation in this regard in the event of legal proceedings. In any case, the user expressly acknowledges and agrees to use our WEB application at his own risk and under his exclusive responsibility.

4.5 LINKS TO THIRD PARTY SITES

The site as well as the WEB application may contain hypertext links to other websites. The User visits these sites under his or her sole and entire responsibility. The site can in no way be held responsible for the content of these third-party sites, in the event that a User suffers damage as a result.

5. OBLIGATIONS OF THE USER

5.1 ACCEPTANCE OF THE GGU

By visiting the WEB application and/or opening a personal account, the user accepts, expressly and without reservation, the terms of these “General Terms of Use” and any special conditions present on the site or on the WEB application.

5.2 ACCURATE AND TRUTHFUL INFORMATION

The user is obliged to provide accurate and true information at the time of registration, in particular on his title, his name, his first name(s), his email address and his telephone number.

The user further guarantees that all ratings and comments submitted by him/her are as objective as possible and do not violate the rules listed in these “Terms of Use”.

6. INTELLECTUAL PROPERTY

6.1. Protection of the Site

The general structure of the site, of the WEB application, as well as the entirety of its contents (texts, slogans, graphics, images, photos and other contents), are the property of FBKConseils.

Any representation, reproduction, modification, distortion and/or total or partial exploitation of the site or the WEB application, of its contents or of the service, by any process whatsoever and on any medium whatsoever, without the express and prior authorization of the company, is prohibited and constitutes an act of copyright infringement.

6.2. Protection of all distinctive elements: brands, images, logos, hypertext links, information, etc.

All elements (including trademarks, logos, corporate names, acronyms, trade names, signs, images, videos, sound elements, domain name of the company, code, …) contained on the site and on the WEB application constitute signs that cannot be used without the express prior authorization of their owner. Any use of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of company name, trade name and domain name engaging the civil liability of its author.

6.3 Prohibition of unauthorized use

Consequently, the user may not reproduce, represent, republish, redistribute, adapt, translate and/or transform, in whole or in part, or transfer to another website, any of the elements that make up and are present on the site without the prior written authorization of the Company.

6.4 Sanctions

The User acknowledges and understands that any use contrary to law or the TOS may result in civil and/or criminal prosecution and payment of damages.

7. MISCELLANEOUS PROVISIONS

7.1 Applicable law and jurisdiction

The relationship with the Company is subject to Swiss law. The exclusive place of jurisdiction for any disputes shall be Lausanne, Switzerland, the Company’s headquarters.

7.2 Translation

In the event that these Terms and Conditions of Use are drafted in several languages or translated, only the French version will be deemed authentic.

7.3 Translation – Partial nullity – Dissociation – Securities

In the event that one or more provisions of these General Terms and Conditions of Use are invalid or ineffective under applicable law, such invalidity or ineffectiveness shall not affect the remaining provisions, and the invalid provision shall be replaced by another valid and effective provision that most closely matches the economic purpose of the invalid or ineffective provision.

7.4 Notification and removal of illegal content

The company informs any user of the site that he/she may notify a complaint or objection regarding illegal elements or contents placed on the site. If the user believes that elements or contents placed on the site are illicit and/or infringe on copyrights held by the user, the user must immediately send a notification to the company by e-mail, specifying all the elements justifying the ownership of the rights, if any. Once this procedure has been followed and after verification of the accuracy of the notification, the Company will make every reasonable effort to remove the illegal content as soon as possible. It being specified that the company cannot be held responsible for content present on the site and on the WEB application and modifiable by third parties (e.g.: evaluations and remarks of Users, profile page of a Health Professional, etc.).

7.5 No Waiver

Except as otherwise provided in these Terms of Use, if any, no forbearance, inaction, abstention or omission, or delay by the Company in exercising any of its rights hereunder shall impair any such right or imply a waiver of any such right in the future. Rather, such right shall remain in full force and effect.

8. PAYMENT

8.1 Method of payment:

Depending on the canton in which the tax return is to be filed, payment can only be made in advance by credit card (Mastercard, Visa, American Express) via an online payment WEB application: Canton of Vaud. Other payment methods are accepted (TWINT, invoice) for the other cantons: Geneva, Valais, Bern, Jura, Neuchâtel, Fribourg

8.2: Full payment:

Until full payment of the purchase price, FBK Conseils is under no obligation to provide any Service to the user.

8.3: Price list and VAT:

All amounts shown in CHF on the website/application and its associated sites are inclusive of VAT.

8.4 Refunds