Unless otherwise explicitly provided in an individual agreement with the client, the present General Terms and Conditions (“GTC”) govern our products and services provided by LedgerPeek Sàrl (hereinafter referred to as the “Company”) through our fully-owned online platform at www.ledgerpeek.com (hereinafter, referred to as the “Platform”).
LedgerPeek Sàrl provides services in the area of bookkeeping and financial reporting, tax compliance and consultancy, legal agreement drafting and preparation of administrative documentation, filing and management of documents and invoices, payables and receivables management, financial consulting, legal support, domiciliation, incorporation and Statutory modifications, trademark protection, design of business look and websites, as well as counselling on the marketing strategy and assistance with social media presence. In addition, the Company provides access to our software, cloud and licenses our partner’s accounting and document management system, Wyzio (hereinafter, referred to as the “System”).
These general terms and conditions apply to the aforementioned scope of services as well as to other services which the company provides directly and indirectly to the client.
The services provided by LedgerPeek Sàrl, as well as the Platform, are intended for Swiss-based companies or individuals only. By accepting our services or entering on our website from any state other than Switzerland, the client does so on his own risk and waives any claim arising from the law of his State of residence.
The prices and services presented and marketed through our Platform do not constitute a binding offer, but represent our catalogue of various solutions for our clients.
The conclusion of the binding agreement is effective upon the signature of the agreement provided by LedgerPeek Sàrl for a specific case or service, to be emailed to the client upon the choice of our services and relative pricing packages.
The present General Terms and Conditions become binding and effective as of their acceptance by the client and remain valid for an indefinite period of time.
All prices are indicated in Swiss francs (CHF), excluding VAT. Any additional request that is not included in a specific budget shall be invoiced as per the time spent at a per hour rate of CHF 125.00 (excl. VAT).
Unless otherwise explicitly specified in an individual agreement, the client is obliged to pay the invoiced amount within 30 days of the invoice date.
Failure to respect the aforementioned deadline shall bear a late payment interest of 5% without prior notice, and the Company reserves the right to claim any administrative or legal fees incurred thereof.
Each invoice represents an individual claim and it is not permitted to offset any invoiced amount against any claim without prior consent of the Company.
The Company has the right to refuse service, product delivery or license in the event of late payment, as well as to withhold any documents or files in its possession until the outstanding amount is paid in full.
The Company may rebill any incurred costs for the performance of its services for the client.
The Company may provide any solicited services through its in-house personnel or to outsource their accomplishment to any partners or sub-contractors without prior consent of the client. For the provision of any such outsourced services, the Company is only responsible for the care with which it has chosen the sub-contractor and given its instructions.
In any case the Company’s liability is limited to the effective invoiced fees for the relative service for which the liability is claimed, excluding VAT, any rebilled costs or sub-contractor fees.
The Company shall not be liable for any blogs or other informative material posted on the website. Such information shall not be regarded as provision of services.
The payment of the issued invoice constitutes an irrevocable acceptance of the quality of provided services or products for which the invoice has been issued.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
The Client hereby represents and warrants without reserve that he has the requisite capacity to enter into any agreement, as well as to accept the present General Terms and Conditions, whether acting in its own name or in the name and on behalf of any company or principal.
The Client confirms having at least 18 years of age.
You may not access or use the services for any purpose other than that for which we make the services available. The services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
The client explicitly represents and warrants that he has the requisite capacity and rights to any information or document uploaded or otherwise provided to the Company or its sub-contractors.
The client is solely liable for any inaccuracies in the provided information and it is the client’s responsibility to ensure the exactness of the provided information.
Any content or document generated by the Company for a client becomes the client’s property upon the due payment of invoiced fees and rebilled costs associated with it.
Unless otherwise indicated, the services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our websites or applications and the trademarks, service marks, and logos contained therein (collectively, the “Protected Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Switzerland, foreign jurisdictions, and international conventions.
The Protected Content is provided on the website “as is” for your information and personal use only. Except as expressly provided in these General Terms and Conditions, no part of our website and no Protected Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
The Company may process and use the data provided by the client on our website, as well as any information further provided to us or our sub-contractors within the scope of any individual agreement or service.
The Company may communicate any such information to its sub-contractors for the diligent performance of its services to the client. The Company may likewise disclose any such information to the authorities where the applicable law, decision or judgment imposes so, this without prior notice to the client.
Unless the client has not explicitly prohibited it in written form, the Company may use any such data or information for marketing purposes and for advertising purposes to our partners, in particular for our portfolio displayed on our website.
These General Terms and Conditions and your use of the website or any of our services, as well as any individual agreement, are governed by and construed in accordance with the laws of Switzerland. Any legal action related thereto shall be brought exclusively before the courts of Geneva, Switzerland, with the exception of appeal to the Swiss Federal Court. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded.
These General Terms and Conditions and any policies or operating rules posted by us on the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these General Terms and Conditions, as well as any individual contract, shall not operate as a waiver of such right or provision.
These General Terms and Conditions, as well as any individual agreement, operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
If any provision or part of a provision of these General Terms and Conditions, as well as any individual agreement, is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these General Terms and Conditions, as well as any individual agreement, and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these General Terms and Conditions, as well as any individual agreement. You agree that these General Terms and Conditions, as well as any individual agreement, will not be construed against us by virtue of having drafted them.
These terms and conditions may be changed by the Company at any time.
The new version will come into force by publication on the Company’s website and shall supersede the already accepted General Terms and Conditions, and shall apply to any already existing individual agreement. The continuance of using of our website or services shall automatically signify the client’s explicit consent to our new General Terms and Conditions.
You hereby waive any and all defenses you may have based on the electronic form of these General Terms and Conditions and the lack of signing by the parties hereto to execute these General Terms and Conditions.