Better together: we’ve merged!
Numarics and radicant bank are teaming up to bring you the best of both worlds. Learn more here. Stay tuned - more updates are coming soon!
Better together: we’ve merged!
Numarics and radicant bank are teaming up to bring you the best of both worlds. Learn more here. Stay tuned - more updates are coming soon!
Better together: we’ve merged!
Numarics and radicant bank are teaming up to bring you the best of both worlds. Learn more here. Stay tuned - more updates are coming soon!
Better together: we’ve merged!
Numarics and radicant bank are teaming up to bring you the best of both worlds. Learn more here. Stay tuned - more updates are coming soon!
Better together: we’ve merged!
Numarics and radicant bank are teaming up to bring you the best of both worlds. Learn more here. Stay tuned - more updates are coming soon!
Better together: we’ve merged!
Numarics and radicant bank are teaming up to bring you the best of both worlds. Learn more here. Stay tuned - more updates are coming soon!
Better together: we’ve merged!
Numarics and radicant bank are teaming up to bring you the best of both worlds. Learn more here. Stay tuned - more updates are coming soon!

radicant business services ag

General terms and conditions (GTC)

1. Service providerAllgemeine Bestimmungen

The services under these General Terms and Conditions are provided by radicant business services ag, UID: CHE- 294.098.214, with its registered address at Birmensdorferstrasse 123, 8003 Zürich, Switzerland, acting under the brand “radicant treuhand“.

radicant business services ag may operate through domestic or foreign branches, subsidiaries, or affiliated entities.

1.2 Geltungsbereich

These General Terms and Conditions (“GTC”) govern the legal relationship between radicant business services ag (“RBS”) and its business clients (“Client/s”) for all services, products, features, and tools (collectively, “Services”) provided by RBS, including those described in individual service orders, offers, or subscription plans — unless expressly agreed otherwise in writing or required by law.  

RBS services are provided either through direct engagement with radicant business services ag or via its cloud-based software-as-a-service (SaaS) platform, accessible through web and mobile applications (collectively, the “Platform”). The Platform enables digital access to various services, including but not limited to accounting, payroll, tax compliance, and document management. Clients may choose to engage RBS directly or access the Platform via supported web browsers or compatible mobile devices.  

Your relationship with RBS, including all activities and Services, is governed by these GTC, the Data Protection Notice radicant business services website and Apps (“Data Protection Notice”), and any other agreements or terms, applicable to the products or Services you use. Together, these documents form the complete agreement between you and RBS.  

By registering on the Platform or entering a business relationship with RBS in any other means, you agree to these GTC and accept them as legally binding. Any additional terms required for certain Services will be presented for your acceptance before use.

1.2.1. Amendments to these GTC

RBS reserves the right to adapt these GTC at any time and informs the Clients in a suitable manner about changes. If the changes are disadvantageous for the client, he can terminate the contract with RBS up to ten (10) calendar days before the change came into force at this time. If he fails to do this, he accepts the changes, especially with regard to orders that are already in progress.

1.3. Contracting Parties and Conclusion of Contract  

1.3.1. Contracting Parties

radicant business services ag, operating under the brand name “radicant treuhand“, provides its services on the basis of a contractual relationship. By entering into a relationship with RBS, the Client confirms that the individual signing or electronically accepting the contract is duly authorized to act on its behalf.  RBS reserves the right to withdraw from the contract without liability if:

The Client is not legally competent to contract, or
The Client has provided materially inaccurate or misleading information about its identity, domicile, or capacity to contract.

1.3.2. Conclusion of Contract

The presentation of Services on the RBS website or other digital channels is non-binding and does not constitute a contractual offer.  A binding contract is formed only upon RBS issuing a signed order confirmation (in physical or electronic form), or commencement of service delivery by RBS. The contract consists of the following integral components:

the main service agreement under Art. 394 CO
these General Terms and Conditions (GTC)
the Service Annex detailing the scope of the selected services
Data Privacy Notice
and any other annexes or documents expressly referenced therein.

1.4. Subject Matter of the Services

The subject of the contract is the agreed service, not a specific economic success.  RBS undertakes to carry out the contractual work with the necessary care. Checking the accuracy, completeness and correctness of the documents and figures provided, in particular the bookkeeping and balance sheet, is only part of the contract if this has been agreed in writing.

If the scope of the agreed service is extended during the ongoing work at the request of the Client, the corresponding additional expenses shall be paid separately by the Client. Subsequent changes to the scope of services require either written confirmation or confirmation in text form (letter or e-mail) by RBS.  

RBS shall be entitled to call in employees, expert third parties and companies to provide its services. RBS shall remain responsible for the provision of services by the third parties involved in accordance with the contract. If a third party is engaged in the interests of or on behalf of the Client, RBS shall only be responsible and liable for the careful selection, instruction and supervision of the third party. RBS shall transfer all obligations resulting from the contractual relationship to the third party engaged.

1.5. Independence and Conflicts of Interest

The Client shall ensure that anything that could jeopardize the independence of RBS employees is refrained from. in particular, the Client shall not make offers of employment to RBS employees or engage them directly for services outside the scope of this contractual relationship, unless explicitly approved in writing by RBS.

1.6. Platform and User accounts

In order to access and use the Services provided by RBS via its digital Platforms, the Client is required to register online and create a user account. Registration is a prerequisite for initiating any service relationship with RBS through its platform.

In such a case, the Client shall be obliged to provide truthful information about his personal details and to keep any access data secret and not make them accessible to third parties. By creating the user account, the person representing the Client confirms that he/she is authorized to open a user account on behalf of the Client. RBS reserves the right to delete a user account or block access to the user account at any time and without giving reasons.

The Client is obliged to contact and inform RBS immediately if he has to assume that his user account is being or has been misused by third parties. The Client is generally responsible for all orders or contracts (hereinafter referred to as orders or contracts) that are made using their user account. The Client shall not be liable if he can prove that he has informed RBS immediately and in advance and has not breached any duty of care in handling his user account. RBS stores the data relating to orders and commissions. The Client can view the order and contract data in the user account.

2. Scope, Execution, and Modification of Services

2.1. Overview

RBS provides a broad range of professional and technology - enabled services under the brand radicant treuhand. These Services may be rendered digitally via the Platform or through direct client engagement. The scope, content, and delivery format of Services are determined individually for each client based on specific agreements or service engagements. Unless otherwise agreed in writing, RBS offers the following categories of Services:

2.1.1. Fiduciary Services

RBS provides fiduciary and accounting support for legal entities and individuals, including but not limited to:

Financial Accounting: Complete management of day-to-day bookkeeping, ensuring accurate financial records in compliance with Swiss accounting standards. Business Plans : Development of tailored business plans, including budgeting and forecasting, to support strategic decision-making, financing, and investor presentations.
Annual and Interim Financial Statements: Preparation of statutory annual and interim financial statements, including balance sheets, income statements, and notes, aligned with legal and regulatory requirements.
Organizational Regulations: Drafting and revision of internal governance documents (Organisationsreglemente) to clarify roles, responsibilities, and internal control structures.
Sub-ledgers (Accounts Receivable & Accounts Payable): Maintenance and reconciliation of receivables and payables, including invoice tracking, payment monitoring, and dunning procedures.
Payroll Accounting incl. Personnel Administration and Social Insurances: Monthly payroll processing, salary statements, and coordination of social security and pension contributions, combined with HR administrative support.
Reporting / Evaluations: Preparation of tailored financial reports and analysis (e.g., cash flow, profitability, cost control) to support management decisions and external stakeholders.

2.1.2 HR and Payroll Services

RBS offers full-service payroll and HR administrative solutions, including:

Payroll Management: Salary processing, withholding tax, social insurance declarations, salary statements.
HR Support: Employment contracts, personnel regulations, employee participation programs.
Shadow Payroll: For international employees – salary data handling, shadow payrolls, tax compliance, A1 certificates.
Specialized Services: Net guarantee calculations, payroll for board members, cross-border tax compliance.
Process Optimization: Payroll system setup, process reviews, temporary on-site HR support.
Benefits of Outsourcing: Expert knowledge, time savings, modern digital tools, cost efficiency.

2.1.3. Tax Consulting Services

Tax Returns & Declarations: Preparation and submission for individuals and companies.
Tax Optimization: Identifying opportunities to reduce tax burden within the applicable framework.
Support for Business Decisions: Assessing tax implications for restructuring, succession planning, or investments.
Communication with Tax Authorities: Managing correspondence and clarifications with tax offices.
Digital Efficiency: Secure and streamlined handling of tax documents using digital tools.

2.1.4 Additional Consulting Services

RBS provides tailored business consulting and strategic financial guidance, including:

Business valuations, company formation, and restructuring
Succession planning and estate structuring
Turnaround management and financial interim management
Budgeting, liquidity planning, and investor presentation support

2.1.5. Service Engagements

The Services may be delivered on a one-off, periodic, or continuous basis, as specified in individual service agreements or engagement letters. Any deliverables or documents resulting from these Services shall remain the intellectual property of RBS unless otherwise contractually agreed.

2.2. Involvement of Third Parties

RBS may delegate the performance of Services to its own employees, affiliated entities, or suitably qualified third parties, provided that Client confidentiality and service standards are maintained.

As a rule, RBS shall execute the orders through its own employees. However, if RBS deems it necessary or useful, external specialists, experts, or other auxiliary persons may be engaged to fulfill the order. In such cases, RBS remains responsible for the proper execution of the Services in accordance with the agreement.

If a third party is engaged at the express request of the Client or in the Client’s interest, RBS’s liability shall be limited to the careful selection, instruction, and supervision of such third party.  

2.3. Timeframes and Delays

Deadlines and time specifications shall only be binding on RBS if they have been expressly confirmed by in writing. Confirmations shall be subject to the condition that the Client fulfills its obligations to cooperate in a timely manner. If RBS is unable to carry out the work assigned to it within the agreed time due to failures for which RBS is responsible, the Client shall grant RBS a reasonable grace period for performance of the contract.

2.4. Client’s Duty to Cooperate

The Client shall, without special request, provide RBS with all documents, information, and declarations necessary for the proper execution of the contractual services, and shall do so in a timely manner. This obligation includes informing RBS of any facts, developments, or circumstances—whether pre-existing or arising during the engagement—that may be relevant to the performance of the services.

The Client is also responsible for creating the legal and organizational conditions necessary for RBS to fulfill its obligations. In particular, the Client must inform RBS promptly of any third-party rights, special technical requirements, or official regulations applicable to the Client that could affect the service delivery.

As part of the engagement, RBS may act as an agent of the Client. For this purpose, the Client shall issue a separate written power of attorney.

If the Client fails to fulfill these duties to cooperate, RBS is entitled to suspend or delay the commencement or continuation of services, regardless of any agreed deadlines or timescales.

Furthermore, RBS may postpone or discontinue service provision until any agreed advance payment has been received.  

2.5. Default of acceptance and insufficient cooperation

If the production of a specific work result has been agreed in writing in the order or offer, and if the Client or a third party commissioned by the Client defaults in accepting the service offered by RBS, or fails to cooperate as required or in any other way, RBS shall be entitled to terminate the contract without notice. This shall not affect RBS’s right to claim compensation for any additional expenses incurred due to the delay or failure to cooperate by the Client or a third party commissioned by the Client, or for any resulting damage. In particular, the Client shall indemnify RBS against any third-party claims.

3. Use of the Platform and Digital Services

3.1. Service Delivery Models and Platform Features

As outlined in Section 2 (Scope, Execution and Modification of Services), RBS offers a range of professional fiduciary and business support Services to its clients. The specific Services available depend on the selected subscription plan and may be delivered in one of the following forms:  

SaaS-Based Solutions: Clients can access the Platform to manage their own accounting, payroll, and administrative processes independently using our tools and features. These tools are designed for self-service use and support core business operations through automation, transparency, and secure access.

Expert-Managed Services: In certain subscription plans, RBS provides actively managed fiduciary services, meaning our experts handle accounting, payroll, and administrative tasks on behalf of the client. Scope and responsibilities are outlined in the respective service agreement.

Banking Access Facilitation: Some plans enable clients to initiate onboarding with radicant bank ag directly through the RBS Platform. While banking services are technically and functionally integrated within the Platform for user convenience, RBS does not itself provide any banking services and does not act as a financial institution. All banking-related services remain under the sole responsibility and legal framework of the respective financial institution – radicant bank ag and are governed exclusively by its terms and conditions. RBS assumes no liability for the services or decisions of the banking partner and acts solely as a facilitator of access through a technical interface within the Platform.

3.2. Platform-Based Features

In addition to the above, the Services may also include access to digital tools such as document management, workflow automation, communication features, and software integrations designed to improve operational efficiency.

DocuBox  

DocuBox is RBS’s secure, digital document storage solution integrated within the Platform. It enables Clients to:

Upload, store, organize, and access financial and administrative documents
Create folder structures, apply search tags, and manage permissions
Share documents with third parties, such as accountants or advisors  

For Clients subscribed to expert-managed services, RBS may upload official records, filings, and correspondence to the Client’s DocuBox, ensuring centralized, compliant, and transparent document storage.  

3.3. Availability and Modifications

The availability, scope, and duration of specific Services may vary based on the selected service package or the terms of your individual service agreement with RBS. Service delivery is supported and facilitated through various channels, including but not limited to the RBS Platform, email, written correspondence, or other appropriate means of communication, enabling you to manage your data and access relevant reports and documents.  

A list of available Services and applicable fees can be found on radicant-treuhand.com and RBS websites. RBS reserves the right to modify or update its Services and pricing at any time.  

3.4. Management of the Platform

RBS provides its Services through a secure digital Platform accessible via designated web portals and mobile applications. The Client is responsible for ensuring that access to the platform is limited to duly authorized users within its organization.

RBS reserves the right to update, modify, or restrict access to certain Platform functionalities at any time for security, maintenance, or operational reasons. RBS will inform the Client in advance of material changes, where reasonably possible.

The Client is responsible for the timely upload, accuracy, and completeness of the data and documents submitted via the Platform. RBS shall not be liable for consequences resulting from incomplete or delayed information provided through the Platform.

The Client acknowledges that the use of the Platform is subject to the applicable terms of use, privacy policies, and service-specific documentation, which may be updated periodically.

3.5. Banking Interface and Integrations

RBS offers Clients the option to connect their Swiss bank accounts to the Platform through supported banking interfaces. The choice of available interfaces and integration options lies at the sole discretion of RBS and may differ depending on the Client’s bank and technical feasibility.

The Client is responsible for:

Managing access rights to the connected bank interfaces,
Ensuring that only authorized representatives may initiate or approve transactions,
Revoking any bank account connections when terminating the Service or user access.

RBS may suspend or terminate access to bank interfaces without prior notice in cases of suspected misuse, regulatory non-compliance, or system integrity concerns. Any bank log data retained for troubleshooting purposes shall be stored in accordance with applicable legal retention periods.

3.6. Communication and Electronic Signatures

Communication via email, mobile phones, or Internet-based applications involves inherent risks, including the possibility of unauthorized access, message alteration, or data loss. These risks can be mitigated through encrypted transmission. RBS offers "Brief Butler" as a service for the encrypted transmission of data. This service is subject to the terms of use and privacy policy of the third-party provider.

RBS endeavours to process emails in a timely manner; however, receipt may be delayed for technical or operational reasons. RBS does not guarantee timely processing of emails. Emails sent to RBS do not constitute valid compliance with deadlines or time-sensitive obligations. To ensure receipt of an email, the Client must obtain explicit confirmation from the recipient.

Unless the Client provides written instructions to the contrary, the Client authorizes RBS to use unencrypted electronic communication despite awareness of the associated risks. These instructions may be amended at any time but must be communicated to RBS in writing in advance to avoid any ambiguity.

RBS uses electronic or digital signature technology to verify the identity of the signatory and the authenticity of electronic documents or data. RBS employees use Skribble, a provider of qualified electronic signatures. Upon the Client’s request, other recognized Swiss providers of digital signatures may also be used.

3.7. Terms of Use for SaaS Platform

RBS provides its Clients access to a Software-as-a-Service (SaaS) platform via web and mobile applications ("SaaS Solution"). The SaaS Solution and associated cloud storage are made available for use over the Internet against payment and are subject to the following provisions:

License Grant: For the duration of the agreement, the Client is granted a non-exclusive, non-transferable, and non-sublicensable right to use the SaaS Solution as contractually intended. No additional rights are granted. Use by or access for third parties is strictly prohibited.
Cloud Storage: RBS provides defined cloud storage for the Client’s data. The Client is responsible for ensuring lawful use of the storage and for not exceeding the allocated capacity unless additional space is contractually ordered.
Registration and Use: Prior registration via the RBS website is required. RBS does not guarantee compatibility with the Client's hardware.
Maintenance and Support: RBS maintains the SaaS Solution during standard business hours and endeavours to correct disruptions within reasonable technical limits. Support is provided during working hours. Temporary interruptions may occur during maintenance or updates.
Updates: RBS may provide updates or upgrades to the SaaS Solution at its discretion, without obligation, and with or without additional cost.
Client Responsibilities: The Client is responsible for entering, maintaining, and securing their data. Appropriate technical and organizational measures must be taken to prevent unauthorized access and ensure lawful use.
Warranty and Liability: RBS ensures the operational functionality of the SaaS Solution when used in accordance with the contract but does not guarantee uninterrupted or error-free operation. To the extent permitted by law, RBS disclaims all liability for direct or indirect damages, including data loss or lost profits. The Client shall indemnify RBS from third-party claims related to stored content.
Termination: Rights of use expire upon termination of the underlying service agreement.

4.2. Fixed Price Agreements and Adjustments

If a fixed price agreement is concluded for specific Services, it shall only cover the agreed scope of work. RBS may review the fixed fee for appropriateness if the Client requests additional Services or if the underlying assumptions change materially. In such cases, RBS reserves the right to adjust the fee accordingly, subject to prior written notice to the Client.

4.3 Cost Advances and Interim Invoices

RBS is entitled to request advance payments from the Client before the start or continuation of service delivery. Advance payments do not represent a final cost estimate but merely secure ongoing or future engagements.

RBS may also issue interim invoices at any time for services already performed. These will reflect either the agreed fixed fee milestones or the hours worked up to that point, depending on the engagement model.

4.4 Invoicing of Third-Party Costs

The Client shall bear all expenses and costs incurred by RBS in the execution of the Services, including costs of third-party services (e.g., external consultants, translators, couriers, travel costs). Where possible, such expenses will be pre-approved by the Client. RBS may invoice these costs separately and/or include them in the regular service invoice.

The Client is also responsible for settling third-party invoices directly if Services are commissioned in the Client's name or interest. RBS shall be indemnified and held harmless for any such obligations unless explicitly agreed otherwise.

4.5 Payment Terms and Currency

Unless otherwise stated on the invoice or agreed in writing, all invoices are due for payment within twenty (20) calendar days from the invoice date, net and without deduction. Payment shall be made in Swiss francs (CHF).

RBS is entitled to suspend service delivery in the event of late payment or unpaid advances. Repeated or material payment delays may result in termination of the contract without notice and the assertion of claims for damages.

4.6. Cost estimates

Cost estimates by RBS are based on estimates of the scope of the necessary activities and are prepared on the basis of the data provided by the Client. For this reason, RBS cost estimates are not binding for the final calculation of the fee.

5. Intellectual Property and Work Results

5.1. Ownership and Use of Work Results

All copyrights and other intellectual or industrial property rights related to work results, documents, evaluations, know-how, and software (including computer programs) produced or provided by RBS shall remain the exclusive property of RBS.

The Client is granted a non-exclusive, non-transferable, and perpetual right of use for internal purposes only. This includes the right to make the work results available to its shareholders, creditors, or internal stakeholders as part of ordinary business use.

Any extension of usage rights to third parties—including affiliated companies—requires RBS’s express prior written consent. The work results, or any part thereof, may not be modified, published, reproduced, distributed, or otherwise disclosed without such consent, unless explicitly agreed upon in the service order.

RBS retains the unrestricted right to use any ideas, methods, techniques, concepts, and general know-how acquired or applied during the execution of the contract for other professional purposes, provided that the confidentiality of the Client’s sensitive data and documents is maintained.

If third-party claims are made against RBS for alleged infringements of intellectual property rights in connection with the services provided, RBS may terminate the Client’s right of use without notice. In such a case, the Client is entitled to a refund of any remuneration already paid for the affected service. Any further liability on the part of RBS is excluded, subject to the limitations defined in Article 15.

Unless otherwise agreed, formal requirements for the transfer or licensing of intellectual property rights remain reserved, and third-party rights remain unaffected.

5.2. Disclosure and Use by the Client

The disclosure of RBS's professional statements, reports, or other written deliverables to third parties requires the express prior written consent of RBS, unless such disclosure is inherently part of the contract’s purpose (e.g., tax filings, audit documentation).

Use of the contractual relationship or RBS’s deliverables for promotional purposes or public references (e.g., naming RBS in marketing or on websites) requires prior written approval. However, the Client agrees that RBS may list the Client’s name as a reference client unless the Client explicitly objects in writing.

5.3 Binding Nature of Work Results

Reports, expert opinions, statements, presentations, etc. prepared by RBS shall only be binding upon their legally valid handwritten or electronic signature by RBS. In the case of other work results, RBS shall record their binding nature in a comparable manner in a corresponding final letter. Drafts, interim results or verbal information may contain deviations from the signed work result and are therefore always non-binding.

6. Confidentiality and Data Protection

RBS is obligated to maintain confidentiality regarding all non-public information and data received from the Client in the course of fulfilling its contractual obligations. This includes business, operational, technical, and personal information relating to the Client, its employees, and its customers. Confidential information may only be disclosed if:

required by law, regulation, court, or authority;
necessary to protect RBS’s legitimate interests;
permitted within the scope of the assignment or with the Client’s prior written consent.

RBS may involve third parties in service delivery, provided they are subject to an appropriate confidentiality obligation. Information may also be disclosed to legal advisors, insurers, or for quality control and risk management purposes, where relevant and justified. The Client authorizes RBS to process personal data solely for the purpose of fulfilling the contract and in accordance with the Client’s instructions. RBS implements appropriate technical and organizational measures to ensure data security, including access control, backup procedures, and breach reporting protocols. The Client remains responsible for informing RBS of any required changes to processing instructions. RBS may process personal data outside Switzerland, provided such processing complies with Swiss data protection regulations. Transfers to third parties or international recipients are only carried out in accordance with applicable legal requirements. Upon request or termination, confidential information and personal data will be deleted or returned, subject to applicable statutory retention periods and backup obligations. For detailed information on how RBS processes personal data and ensures data protection, please refer to the Data Privacy Notice.

6.1. Storage and Archiving of Documents

RBS generally does not retain any reference files unless legally required or contractually agreed. Where files are retained, the applicable statutory retention periods for agents shall apply.
This obligation to retain shall lapse earlier if RBS has returned the reference files to the Client, or has requested the Client in writing to collect them and the Client fails to do so within three (3) months of receiving the request. Reference files include all documents received from or on behalf of the Client in connection with RBS’s professional activities. The archiving of data and documents in electronic form is performed in accordance with high standards of data security and applicable data protection laws. Archiving includes secure storage, regular backups, and—where required—secure deletion after the expiration of the retention period. RBS undertakes to treat all transmitted data and documents confidentially and to use them solely in accordance with applicable legal requirements.

7. Defects, Warranties, and Liability

7.1. Warranty Conditions and Duration

RBS warrants that its services will be provided with due care, in accordance with professional standards, and in conformity with the terms agreed in the contract. Where a specific work result has been explicitly agreed in writing, the Client may request rectification of any material defects within the warranty period.

The warranty period is twelve (12) months from the date of delivery of the final written work result, unless a shorter statutory limitation period applies. Any further warranty, particularly for uninterrupted availability or error-free operation of software or digital services, is excluded to the extent permitted by law.

7.2. Duty of Inspection and Notification of Defects

The Client shall inspect all work results and deliverables immediately upon receipt and notify RBS in writing of any apparent defects within thirty (30) calendar days. Hidden defects must be reported immediately upon discovery.

Failure to notify RBS within the specified timeframes shall be deemed acceptance of the work result and a waiver of any warranty claims relating to the defect.

7.3. Rectification Process

In the event of a valid and timely notification of defects, RBS may, at its discretion:

correct the defective service or deliverable at no cost, or
perform the service again.

Only if the rectification fails may the Client demand a price reduction or, in exceptional cases, termination of the contract. Claims for reimbursement of the Client’s internal expenses for rectification or third-party costs are excluded, unless expressly agreed or mandated by law.

7.4 Limitation of Liability

To the extent permitted by law, RBS shall only be liable for direct damages caused by willful misconduct or gross negligence. Liability for slight negligence, indirect damages, consequential damages, loss of data, loss of profit, or unrealized savings is expressly excluded.

RBS’s liability for third-party services is limited to the careful selection, instruction, and supervision of the third party unless the third party is acting on behalf of or under the control of RBS.

The same limitations apply to RBS’s employees, agents, and affiliates. In no event shall RBS’s total liability exceed the total fees paid by the Client for the service in question.

7.5. Force Majeure and Exclusions

RBS is not liable for damages or non-performance caused by events beyond its reasonable control, including but not limited to:
natural disasters,
war, terrorism, or civil unrest,
epidemics or pandemics,
power outages or failures of internet or communication infrastructure,
actions by government or regulatory authorities.

In such cases, RBS may suspend the provision of services or extend deadlines without liability. If a force majeure event continues for more than thirty (30) days, either party may terminate the affected part of the contract without further obligations.

8. Reporting and Verbal Information

Unless otherwise agreed in writing, all results of services performed by RBS (such as reports, expert opinions, or analyses) shall be provided in written form and only the written version shall be considered authoritative.  

Verbal statements or information given by RBS employees outside the agreed scope of services are non-binding and do not constitute formal deliverables unless subsequently confirmed in writing.

9. Place of Performance

RBS may perform its services using its own systems and digital platforms, including the use of third-party data processors where appropriate. Unless expressly stated otherwise in the service description, RBS is not obliged to verify the factual accuracy or completeness of the information, documents, or instructions provided by the Client. RBS may rely on the assumption that all such materials are accurate, complete, and legally binding.

If the Client fails to fulfill its cooperation obligations, RBS reserves the right to charge the Client for any additional costs or damages resulting from such failure.

9. Termination and Amendments

9.1. Termination of the Contractual Relationship

The contractual relationship between RBS and the Client may be terminated in accordance with the specific termination provisions of the relevant service agreement, engagement letter, or product term. Unless otherwise agreed in writing, each party may terminate the contract for ongoing services with thirty (30) calendar days' written notice to the end of a calendar month. In the absence of a fixed term or minimum duration, contracts may also be terminated at any time under Art. 404 of the Swiss Code of Obligations (CO), subject to good faith and proportionality considerations. Upon termination, all outstanding fees for services rendered become immediately due. All rights of use to work results, platform access, and SaaS functionality granted under the contract shall expire upon the effective date of termination.

9.2 Special Termination Rights

RBS may terminate the contract with immediate effect and without liability if:

the Client is in material breach of its obligations (e.g., default of payment, misuse of services, breach of confidentiality),
the Client fails to cooperate or obstructs RBS’s performance  
force majeure persists beyond thirty (30) days  
the Client provides false or misleading information that is material to the contract,
the Client becomes insolvent or is subject to debt enforcement or liquidation proceedings.

Any advance payments already made shall be retained by RBS to the extent corresponding services have been rendered or losses incurred.

10. Severability Clause

If one or several provisions of these GTC or any Terms and Conditions governing your contractual relationship with RBS prove invalid, incomplete, or void, the validity of the remaining provisions shall be unaffected. In place of the invalid/void provision, a provision that comes closest to the purpose intended by the invalid/void provision shall take effect.

11. Applicable law and place of jurisdiction

All agreements and all other documents governing your contractual relationship with RBS shall be construed under and governed by the substantive laws of Switzerland exclusively, excluding the provisions of international private law and other conflicts of laws.  Any disputes arising out of or in connection with these GTC and/or other documents governing your contractual relationship with RBSt, the competent courts of the city of Zurich, Switzerland, shall have exclusive jurisdiction if no mandatory statutory provisions provide otherwise.