Foreword / Ingress

This is the first version of the General Terms and Conditions of pbr consulting GmbH. These serve to supplement the legal provisions.

1. Scope

1.1

These terms and conditions apply to all services provided by pbr consulting GmbH (hereinafter "provider") in the area of management consulting, trust services and offers for private individuals. This includes in particular, but not exclusively, the following services:

• accounting, annual financial statements, tax advice and tax returns
• support for business start-ups
• payroll accounting and social security administration
• General business consulting
• General consulting and services in the field of human resources
• Consulting in the areas of logistics / transport, purchasing / procurement, production
• advice and services for private individuals

1.2

Any deviating terms and conditions of the customer will only be accepted if the provider has expressly agreed to them in writing.

2. Conclusion of contract and written form

2.1

The contract between the provider and the customer is concluded by signing a written document or accepting an offer by email (or other written means of communication). The written form includes any form of written communication, including email, digitally signed documents or other electronic means of communication.

2.2

Changes, additions or extensions to the contract must also be in writing.

3. Services and obligations of the provider for all services

3.1

The provider provides the agreed services to the best of its knowledge and belief and on the basis of the applicable legal and professional standards.

3.2

The provider does not guarantee the success of the measures. Recommendations or advice are non-binding unless there is a written guarantee of success.

3.3

The customer is obliged to provide all necessary information and documents completely, correctly and on time. The provider is not liable for delays, errors or additional costs that are due to incomplete or incorrect information provided by the customer.

4. Accounting and annual financial statements

4.1

The provider maintains the customer's accounting in accordance with the legal requirements and contractual agreements.

4.2

Annual financial statements are prepared on the basis of the data provided. An audit of the data for accuracy or completeness will only be conducted within the framework of separately agreed inspection orders.

4.3

The provider assumes no liability for tax or legal consequences that arise from incomplete or incorrect information provided by the customer.

5. Tax advice and tax returns

5.1

The provider prepares tax returns and offers tax advice in accordance with the applicable tax regulations.

5.2

Tax disadvantages due to incomplete, incorrect or delayed information provided by the customer are the customer’s responsibility.

5.3

Changes in tax and legal framework conditions after completion of the consulting service are not the responsibility of the provider.

5.4

Tax returns are prepared on the basis of the data provided. The data will only be checked for accuracy or completeness within the framework of separately agreed audit orders.

5.5

The provider assumes no liability for tax or legal consequences resulting from incomplete or incorrect information provided by the customer.

6. Business start-ups and consulting

6.1

The provider supports customers in setting up companies, including the preparation of incorporation documents, business plans and legal advice.

6.2

All recommendations are based on the current legal and economic situation. Liability claims due to subsequent changes to the general conditions are excluded.

7. Payroll accounting

7.1

The provider undertakes tasks such as the preparation of payroll statements, the processing of social insurance and advice on wage-related issues.

7.2

The customer is responsible for the timely provision of all wage-relevant data.

7.3

Delays or errors due to incomplete or incorrect data release the provider from any liability.

8. Recruiting and placement services

8.1 Scope

This section applies to all services in the area of recruiting and placement provided by pbr consulting GmbH (hereinafter "provider"). This includes in particular the placement of workers, advice on recruitment strategies and similar services.

8.2 Remuneration and due date

The remuneration for successful placements is calculated based on a contractually agreed percentage of the gross annual salary of the placed employee. The right to remuneration arises upon signing of the employment contract between the placed candidate and the customer. Payment is due within 10 days of invoicing without deduction.

8.3 Liability and Warranty

The provider is not liable for the suitability or performance of the employee placed. In the event that the employee placed terminates the employment relationship within the first three months or is terminated by the customer, the provider will offer a one-time free replacement within a reasonable period of time. There is no right to a refund of the placement fee.

8.4 Exclusivity and confidentiality

The customer undertakes not to commission any other personnel service providers for the same vacancy during the term of the contract, unless this has been expressly agreed in writing. All information about candidates provided by the provider must be treated as strictly confidential and may only be used for the selection decision.

8.5 Safeguard clause

If a candidate introduced by the provider is hired by the customer within 12 months of the first introduction, the provider is also entitled to remuneration, regardless of whether the contact was made directly or indirectly.

8.6 Additional costs

Any additional costs, such as for job advertisements, assessment procedures or travel expenses for candidates, must be borne separately by the customer, provided that these services have been agreed in writing in advance.

9. Fees and payment terms

9.1

The remuneration is based on the fee agreed in the contract. All amounts are exclusive of VAT.

9.2

Invoices are payable within 10 days of receipt without deduction.

9.3

In case of late payment, the provider is entitled to charge interest on arrears at a rate of 5% per annum as well as reminder fees.

10. Liability

10.1

The provider is liable exclusively for damages caused intentionally or through gross negligence. Liability for simple negligence is excluded unless essential contractual obligations are violated.

10.2

Liability is limited to the amount of the fee agreed for the respective order.

10.3

The provider is not liable for indirect damages, lost profits or consequential damages.

11. Confidentiality and data protection

11.1

The provider undertakes to treat all information provided by the customer as strictly confidential and to use it exclusively for the performance of the contract.

11.2

Personal data will be processed in accordance with applicable data protection laws.

11.3

The customer ensures that the transmitted data complies with data protection regulations and does not violate the rights of third parties.

12. Contract duration and termination

12.1

The contract ends with the complete provision of the agreed services, unless otherwise agreed.

12.2

Termination for good cause is possible at any time. Services provided up to the time of termination must be paid for in full.

13. Severability Clause

Should any provision of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.

14. Place of jurisdiction and applicable law

14.1

Swiss law applies exclusively.

14.2

The place of jurisdiction for all disputes is the registered office of pbr consulting GmbH, currently in Zug.

The General Terms and Conditions are written in German, French, Italian and English and can also be translated into other languages if desired. The German version is considered to be the binding text.

Copyright 2025, pbr consulting GmbH