General Terms and Conditions

These T&Cs govern the business relationship between Zugtrust AG, Sinserstrasse 67, 6330 Cham ZG (CHE-100.866.081, hereinafter „Zugtrust"), and the client (hereinafter „Client") for all services in the areas of accounting, bookkeeping, VAT, annual accounts, tax, payroll, HR administration, employer setup and recruiting support.

1. Scope

These T&Cs apply to all assignments, mandates and services of Zugtrust AG, unless explicitly agreed otherwise in writing. The Client's general terms and conditions do not apply, even if not expressly contradicted.

2. Audience

Services are addressed exclusively to business clients (B2B), in particular to legal entities, partnerships, sole proprietorships and comparable structures. Consumer transactions are excluded.

3. Scope of services

The exact scope of services follows from the written offer or order confirmation. Service packages shown on zugtrust.ag are entry points; the scope only becomes binding upon individual confirmation. Additional services or services exceeding the agreed scope are billed at the applicable hourly rate.

4. Prices and VAT

All prices are in Swiss Francs (CHF), net, excluding Swiss VAT (currently 8.1%). VAT is added and invoiced separately. Unless agreed otherwise:

  • Ongoing mandates (bookkeeping, payroll, HR administration): monthly invoicing.
  • Project assignments (annual accounts, employer setup, recruiting): invoicing upon delivery or per agreed milestones.
  • Payment terms: 14 days net from invoice date.

5. Acceptance and retainer

Zugtrust may decline an order on objective grounds, in particular in case of suspected money laundering, missing beneficial-ownership transparency or insufficient cooperation. For new clients, overdue mandates or particular complexity, acceptance may be made conditional upon payment of a reasonable retainer.

6. Cooperation duties of the Client

The Client undertakes to provide all documents, information and access rights necessary for the performance of services in time, completely and in the agreed form, including in particular:

  • complete accounting, payroll and HR documentation;
  • access to banking, ERP and payroll systems where required;
  • timely communication of changes (entries/exits, salary changes, addresses);
  • provision of liquidity for outgoing payments (wages, social insurances, VAT etc.).

Delays, errors or additional effort caused by incomplete, late or incorrect cooperation are at the Client's expense.

7. Specific provisions — Bookkeeping & Annual Accounts

Bookkeeping follows Swiss accounting standards (Art. 957 et seq. Swiss CO). The Client remains responsible for proper invoicing, the economic substance of transactions and the timely delivery of supporting documents. Zugtrust reviews documents for formal correctness, not for material truth or tax optimisation, unless expressly mandated.

When preparing annual accounts and tax returns, the Client is required to disclose all relevant facts. Zugtrust is not liable for facts that the Client has concealed or misrepresented.

8. Specific provisions — Payroll & Social Insurance

Payroll is processed based on master data and monthly changes supplied by the Client. Responsibility for the employment-law correctness of the salary structure, employment contracts and compliance with applicable collective labour agreements (CLA) remains with the Client as employer.

Zugtrust coordinates with social insurances (AHV, ALV, IV, EO, FAK, accident insurance, pension fund, daily sickness insurance) on the Client's instruction and at the Client's expense. Execution of payroll and social-security payments requires corresponding liquidity in the Client's business account. Late fees, penalties or default interest caused by missing liquidity or late data delivery are at the Client's expense.

Withholding tax is processed insofar as Zugtrust receives the necessary tariff-relevant information in time. The Client remains the withholding-tax debtor vis-à-vis the cantonal tax authorities.

9. Specific provisions — HR Administration

Zugtrust supports administrative HR processes (entries/exits, mutations, correspondence, personnel files). Management decisions, disciplinary measures, terminations and other legally binding declarations vis-à-vis employees remain the responsibility of the Client as employer.

Standard employment contracts and templates are provided based on standard Swiss constellations. Adaptation to specific individual cases, CLA obligations or industry-specific requirements lies in the Client's responsibility, where necessary together with the Client's legal counsel.

10. Specific provisions — Recruiting Support

Recruiting Support is a time-based service, not a success-based fee model. Zugtrust structures the process (role profile, posting, candidate coordination, interview scheduling, contract preparation). No guarantee is given for filling the position, for the qualification or suitability of proposed candidates, or for the duration of an employment relationship.

Selection and hiring decisions are taken exclusively by the Client.

11. Data protection and Data Processing Agreement (DPA / ADV)

The privacy policy applies. Within a mandate, Zugtrust regularly processes personal data of third parties (e.g. employees, customers, suppliers of the Client) on the Client's behalf and instruction within the meaning of Art. 9 revFADP. The data processing agreement set out in Section 11 of the privacy policy forms part of every mandate.

12. Confidentiality

Zugtrust undertakes to treat all business and personnel information obtained in the course of the mandate as strictly confidential. This obligation survives termination of the mandate. Disclosure to authorities is made only insofar as legally required.

13. Liability

Zugtrust is liable for damage caused intentionally or by gross negligence within the statutory framework. Liability for slight negligence is excluded to the extent permitted by law.

To the extent permitted by law, Zugtrust's liability is limited in amount to the net fee actually received in the mandate year concerned, but in any case to CHF 100,000 per damage event. Liability for lost profit, indirect damages, consequential damages and third-party claims is excluded.

Zugtrust is not liable for damages attributable to:

  • incomplete, late or incorrect information provided by the Client;
  • missing cooperation during mandate execution;
  • force majeure, decisions of authorities, banks or insurers;
  • third-party software or infrastructure (Bexio, banking interfaces, social-insurance portals etc.).

14. Termination of the mandate

Ongoing mandates (bookkeeping, payroll, HR administration) may be terminated by either party with 30 days notice to month-end. Project assignments end upon delivery of services.

Upon termination, services rendered to date are invoiced pro rata. Refunds of paid retainers are made only for services not rendered, less any additional effort for handover and data export.

Extraordinary termination for cause (in particular repeated lack of cooperation, payment delay exceeding 30 days, breach of trust) remains reserved.

15. Data return after mandate end

Upon termination of the mandate, the Client receives its bookkeeping, payroll and personnel data in a common format (PDF, Excel or Bexio export). Archiving beyond the statutory retention obligation (generally 10 years, Art. 958f Swiss CO) does not occur. The Client is required to secure its data in time.

16. Miscellaneous

Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid rule that comes closest to the economic purpose of the invalid provision.

Amendments and supplements to these T&Cs require written form.

17. Governing law and jurisdiction

Swiss law applies exclusively, conflict-of-laws rules and the UN Sales Convention (CISG) excluded. Exclusive place of jurisdiction for all disputes arising from or in connection with the mandate is Zug, Switzerland.

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