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Our Terms and Conditions

Effective Date: [Date of last update, e.g., September 1, 2023]

These Terms and Conditions ("Terms") govern the provision of insurance brokerage services by Compando ("Broker," "we," "us," "our") to you, the client ("Client," "you," "your"), and your use of our website [Website URL] (the "Site").

By engaging our services or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our services or our Site.

1. Definitions

• Broker: Compando, an insurance broker registered in Switzerland [mention FINMA registration number if desired, e.g., under FINMA Register No. XXXXX].
• Client: The individual, company, or entity engaging the Broker's services.
• Services: The insurance brokerage services provided by the Broker, including but not limited to needs analysis, risk assessment, obtaining insurance quotations, policy placement, policy administration, and claims assistance, as agreed upon with the Client.
• Insurer: The insurance company providing the insurance policy.
• Policy: The contract of insurance between the Client and the Insurer.

2. Scope of Services

2.1. The Broker acts as an intermediary on behalf of the Client to identify, negotiate, and arrange suitable insurance policies with Insurers. 2.2. Our Services may include: a. Assessing your insurance needs and risk exposures. b. Providing information and advice on available insurance products and Insurers. c. Obtaining quotations from various Insurers. d. Assisting with the completion of proposal forms and the placement of insurance cover. e. Reviewing and explaining policy terms and conditions. f. Assisting with policy amendments, renewals, and administration. g. Providing support and guidance in the event of a claim. 2.3. The specific scope of Services for each Client may be further defined in a separate brokerage agreement or mandate (Mandatsvertrag). 2.4. The Broker acts as the agent of the Client, not of the Insurer, unless explicitly stated otherwise or required by law. 2.5. We do not provide legal, tax, or investment advice. Any information provided that may touch upon these areas is incidental to our Services and should not be relied upon as such. You should seek independent professional advice for these matters.

3. Client's Obligations and Duty of Disclosure

3.1. Provision of Information: You are responsible for providing complete, accurate, and timely information to us and to Insurers. This includes all material facts relevant to the insurance coverage being sought or renewed. A material fact is any information that would influence an Insurer's decision regarding the acceptance, terms, or premium of an insurance policy. 3.2. Consequences of Non-Disclosure: Failure to disclose material facts, or providing misleading information, may lead to the Insurer voiding the Policy from inception, refusing a claim, or applying different terms. The Broker shall not be liable for any consequences arising from your failure to meet this obligation. 3.3. Review of Documents: You are responsible for carefully reviewing all documents provided by us or Insurers, including quotations, policy schedules, policy wordings, and endorsements, to ensure they accurately reflect your requirements and the information you provided. Any discrepancies should be reported to us immediately. 3.4. Premium Payment: You are responsible for the timely payment of all premiums due to Insurers in accordance with the terms of the Policy. Failure to pay premiums may result in the cancellation of your Policy. 3.5. Notification of Changes: You must promptly inform us of any changes in your circumstances that may affect your insurance coverage (e.g., change of address, change in business activities, acquisition of new assets). 3.6. Cooperation: You agree to cooperate fully with us and with Insurers, particularly in the event of a claim.

4. Remuneration

4.1. Our remuneration for the Services provided may be in the form of: a. Commission: Paid to us by the Insurer as a percentage of the insurance premium. The commission is included in the premium you pay to the Insurer. b. Fees: Agreed directly with you for specific services, advice, or consultancy work. c. A combination of commission and fees. 4.2. We will, upon request, disclose the amount of commission received from Insurers in connection with your policies. 4.3. If fees are applicable, these will be agreed with you in advance and outlined in a separate agreement or invoice. 4.4. We reserve the right to charge a fee for services that fall outside the standard scope of brokerage (e.g., extensive risk management consultancy, complex claims handling beyond standard assistance), which will be agreed with you beforehand.

5. Limitation of Liability

5.1. The Broker will exercise reasonable skill, care, and diligence in providing the Services. 5.2. The Broker's liability for any loss or damage arising out of or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited as follows: a. We are not liable for any actions, omissions, or insolvency of any Insurer. The decision to accept or decline a risk, the terms of coverage, and the handling and payment of claims are ultimately the responsibility of the Insurer. b. We are not liable for losses arising from incorrect, incomplete, or misleading information provided by you. c. Our liability is limited to direct damages proven to be caused by our gross negligence or willful misconduct in the provision of the agreed Services. d. To the fullest extent permitted by Swiss law, we shall not be liable for any indirect, consequential, or special losses, loss of profit, loss of business, loss of goodwill, or loss of opportunity. e. Our total aggregate liability to you under or in connection with these Terms or the Services provided shall not exceed [Specify a cap, e.g., CHF XXXXXX, or "the amount of commission/fees received in respect of the specific policy concerned for the preceding 12 months," or "the sum insured under our professional indemnity insurance applicable to the claim"]. This cap should be legally reviewed. 5.3. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under Swiss law. 5.4. You agree to indemnify and hold the Broker harmless from any claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from your breach of these Terms or your provision of incorrect or incomplete information.

6. No Guarantee of Coverage

6.1. While we will use our professional expertise to find suitable insurance coverage for you, the final decision to offer coverage, and on what terms, rests solely with the Insurer. 6.2. Our provision of a quotation or proposal does not constitute a guarantee of coverage. Coverage is only confirmed upon issuance of a formal policy document or cover note by the Insurer.

7. Confidentiality and Data Protection

7.1. We are committed to protecting your privacy and handling your personal data in accordance with applicable data protection laws, including the Swiss Federal Act on Data Protection (FADP). 7.2. Our collection, use, and disclosure of your personal data are governed by our Privacy Policy [Link to your Privacy Policy], which forms an integral part of these Terms. 7.3. Both parties agree to keep confidential all information received from the other party that is marked as confidential or that would reasonably be understood to be confidential. This obligation shall survive the termination of our engagement.

8. Intellectual Property

8.1. All intellectual property rights in the materials on our Site, and any materials provided to you as part of our Services (e.g., reports, analyses, presentations), are owned by or licensed to the Broker. 8.2. You may use these materials for your personal or internal business purposes related to the Services, but you may not reproduce, distribute, modify, or create derivative works from them without our prior written consent.

9. Termination

9.1. You or the Broker may terminate our engagement by providing [e.g., 30 days] written notice to the other party, unless otherwise agreed in a specific brokerage agreement. 9.2. Termination will not affect any rights or obligations that have accrued prior to termination, nor will it affect the ongoing validity of any insurance policies placed through us, unless such policies are also cancelled in accordance with their terms. 9.3. We reserve the right to terminate our services immediately by written notice if: a. You commit a material breach of these Terms. b. You fail to pay any fees due to us. c. You become insolvent or enter into liquidation or administration. d. We are required to do so by law or regulation. 9.4. Upon termination, we may be entitled to retain any commissions or fees earned for services rendered up to the date of termination.

10. Conflicts of Interest

10.1. We are committed to acting in your best interests. We maintain procedures to identify and manage any potential conflicts of interest. 10.2. Should a potential conflict of interest arise that cannot be managed in a way that protects your interests, we will disclose it to you promptly and discuss how to proceed.

11. Amendments to These Terms

11.1. We reserve the right to amend these Terms from time to time. Any changes will be effective upon posting the revised Terms on our Site or providing you with notice. 11.2. Your continued use of our Services or Site after such changes will constitute your acceptance of the new Terms. We recommend you review these Terms periodically.

12. Force Majeure

12.1. Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, including but not limited to acts of God, war, terrorism, pandemics, civil unrest, strikes, or failures of public utilities or transport networks.

13. Third-Party Links

13.1. Our Site may contain links to third-party websites or services that are not owned or controlled by the Broker. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You access them at your own risk.

14. Governing Law and Jurisdiction

14.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the substantive laws of Switzerland, to the exclusion of its conflict of law rules. 14.2. The parties irrevocably agree that the competent courts at the registered office of Compando in [City, Canton], Switzerland, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms.

15. Severability

15.1. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force. 15.2. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.

16. Entire Agreement

16.1. These Terms, together with our Privacy Policy [Link to Privacy Policy] and any specific brokerage agreement or mandate entered into with you, constitute the entire agreement between you and the Broker regarding the Services and supersede all prior agreements, proposals, or representations, written or oral.

17. Contact Information

If you have any questions or concerns about these Terms or our Services, please contact us at:

Compando Zurich, 1356, Switzerland Email: [email protected] Phone: +41 79 52 156 52 Website: compando.ch