Terms and Conditions

1. Scope and Contractual Basis

Welcome to PropSkillWay! These Terms and Conditions govern the legal relationship between our real estate investment and portfolio management services company and our investment clients. They are an essential part of every service contract and apply to all types of investment, market analysis, and portfolio management services that we offer for clients in Switzerland.

2. Investment Relationship and Service Agreement

2.1. Contract Formation – An investment relationship is established through the explicit acceptance of a service request by PropSkillWay. An initial inquiry or consultation does not yet establish a binding investment relationship.
2.2. Client Cooperation – The client commits to providing all information and investment documents relevant to their portfolio and market matters completely and truthfully, and to inform PropSkillWay about all relevant developments regarding their investment situation that could influence our services.
2.3. Service Scope – The specific service obligation arises from the individual investment service contract. Unless expressly agreed otherwise, the services do not include specialized services that require external providers.
2.4. Investment Communication – The client agrees to communication via email, telephone, and other electronic means, unless otherwise agreed in writing. PropSkillWay ensures professional communication according to Swiss investment standards.

3. Fees and Investment Billing

3.1. Fee Agreement – Unless otherwise agreed, fees are calculated based on the chosen investment service package plus additional services and applicable taxes.
3.2. Service Deposit – PropSkillWay is entitled to request an appropriate deposit for reserving and providing investment services. The initiation or continuation of services may be made dependent on payment of a deposit.
3.3. Invoicing – Invoicing is generally done monthly or according to agreed payment plans for investment services. Invoices are to be settled within 14 days of the invoice date without deduction.
3.4. Additional Investment Expenses – In addition to regular investment service fees, necessary expenses such as market research costs, property evaluation fees, external consultation costs, and investment travel expenses may be billed separately.

4. Liability and Warranty

4.1. Liability Limitation for Investment Services –

PropSkillWay is liable for damages only in cases of intent and gross negligence in the provision of investment services.
Liability for slight negligence is limited to an amount of CHF 500,000 per damage case.
This liability limitation does not apply to personal injury or in cases of mandatory legal liability.
4.2. Limitation Period – Claims for damages against PropSkillWay expire within one year from the time when the client gained knowledge of the circumstances giving rise to the claim or should have gained such knowledge without gross negligence.

5. Investment Confidentiality and Discretion

5.1. Confidentiality – PropSkillWay commits to strict confidentiality regarding all investment information and portfolio data that become known during the professional relationship.
5.2. Reference Mention – The client agrees that PropSkillWay may name them or their investment profile as a reference, unless expressly agreed otherwise. This does not include specific details about the client's investment matters or internal portfolio strategies.
5.3. Data Protection – The processing of personal and investment-related data is carried out in accordance with our separate Privacy Policy, which is an essential part of these Terms and Conditions.

6. Termination of Investment Relationship

6.1. Termination Right – The investment relationship can be terminated by both the client and PropSkillWay with a notice period of 30 days, unless otherwise indicated in the investment service contract. In case of significant changes in service requirements, a different notice period may be agreed.
6.2. Final Invoice – After termination of the investment relationship, PropSkillWay creates a final invoice for investment services and expenses not yet billed. Prepayments are credited according to our refund policy.

7. Refund Policy

PropSkillWay commits to fair and transparent billing practices for all investment services. Our refund policy considers circumstances under which prepaid service offerings could not be utilized:

Initial Consultation Fee – For all investment services, there is a non-refundable initial consultation fee of CHF 350 to cover preliminary market assessment and administrative setup.
Service Cancellation by Client – For investment service cancellations where administrative work has already begun, a proportional refund based on the percentage of completed work minus administrative fees is provided. For portfolio analysis services, no refund is available once reports have been presented to the client.
Temporary Service Interruption – Clients can pause certain ongoing investment services for a period of up to 2 months without completely terminating the contract, provided this is communicated in writing at least 14 days in advance. Monthly investment service fees are reduced by 50% during this time.
Service Adjustments – Switching to a lower investment service package may include an adjustment fee and requires a notice period of at least 30 days. Upgrades to more comprehensive investment services can be made at any time without additional fees.
Service Interruptions – For investment service interruptions caused by PropSkillWay that last longer than 48 hours, clients are entitled to a proportional fee waiver for the downtime plus an additional credit of 10% of the monthly service fee as compensation.
Force Majeure – For interruptions due to force majeure (natural disasters, pandemics, strikes, etc.), PropSkillWay will endeavor to find alternative investment solutions without being obligated to provide refunds.

All refund requests must be submitted in writing to billing@propskillway.com. Processing of refunds typically takes 5-7 business days from the date of the approved request.

8. Compliance and Investment Ethics

8.1. Investment Ethics – PropSkillWay commits to compliance with all applicable regulations in the field of real estate investment and portfolio management services for clients. The client agrees to cooperate in necessary verification measures and provide required investment information and documents, if applicable.
8.2. Conflicts of Interest – PropSkillWay reserves the right to decline or terminate investment relationships if conflicts of interest exist or arise during the professional relationship that could impair the quality of our investment services.

9. Legal Provisions

9.1. Applicable Law – The investment relationship and all related claims are subject exclusively to Swiss law.
9.2. Jurisdiction – Jurisdiction for all disputes arising from or in connection with the investment relationship is, insofar as legally permissible, Zurich, Switzerland.
9.3. Severability Clause – Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. Invalid provisions are replaced by those that come closest to the economic purpose.