Terms and Conditions

1. Scope and Contractual Basis

Welcome to DealDocuUp! These Terms and Conditions govern the legal relationship between our real estate transaction services and property deal management company and our transaction clients. They are an essential part of every transaction service contract and apply to all types of real estate transaction services, property documentation, and deal management services that we offer for individuals and businesses in Switzerland.

2. Transaction Relationship and Service Agreement

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

3. Fees and Transaction Billing

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

4. Liability and Warranty

4.1. Liability Limitation for Transaction Services –

DealDocuUp is liable for damages only in cases of intent and gross negligence in the provision of transaction services.
Liability for slight negligence is limited to an amount of CHF 750,000 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 DealDocuUp expire within one year from the time when the client became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.

5. Transaction Confidentiality and Discretion

5.1. Confidentiality – DealDocuUp commits to strict confidentiality regarding all transaction information and property data that become known during the transaction service relationship.
5.2. Reference Mention – The client agrees that DealDocuUp may name them or their company as a reference, unless expressly agreed otherwise. This does not include specific details about the client's transaction matters or internal property strategies.
5.3. Data Protection – The processing of personal and transaction-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 Transaction Relationship

6.1. Termination Right – The transaction relationship can be terminated by both the client and DealDocuUp with a notice period of 30 days, unless otherwise stated in the transaction 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 transaction relationship, DealDocuUp creates a final invoice for transaction services not yet billed and expenses. Advance payments will be credited according to our refund policy.

7. Refund Policy

DealDocuUp commits to fair and transparent billing practices for all transaction services. Our refund policy considers circumstances under which prepaid services could not be used:

Initial Consultation Fee – For all transaction services, there is a non-refundable initial consultation fee of CHF 350 to cover preliminary transaction assessment and administrative setup.
Service Cancellation by Client – For transaction service cancellations where transaction work has already begun, a proportional refund based on the percentage of completed work minus administrative fees will be provided. For transaction assessment services, no refund is available once drafts have been presented to the client.
Temporary Service Interruption – Clients can pause certain ongoing transaction services for a period of up to 3 months without completely terminating the contract, provided this is communicated in writing at least 21 days in advance. Transaction service fees are reduced by 40% during this time.
Service Adjustments – Switching to a lower transaction service package may include an adjustment fee and requires a notice period of at least 45 days. Upgrades to more comprehensive transaction services can be made at any time without additional fees.
Service Interruptions – For transaction service interruptions caused by DealDocuUp that last longer than 72 hours, clients are entitled to a proportional fee waiver for the downtime plus an additional credit of 15% of the transaction service fee as compensation.
Force Majeure – For interruptions due to force majeure (natural disasters, pandemics, strikes, etc.), DealDocuUp will endeavor to find alternative transaction solutions without being obligated to provide refunds.

All refund requests must be submitted in writing to billing@dealdocuup.com. Processing of refunds typically takes 7-10 business days from the date of the approved request.

8. Compliance and Transaction Ethics

8.1. Transaction Ethics – DealDocuUp commits to compliance with all applicable regulations in the field of real estate transaction services for individuals and businesses. The client agrees to cooperate in necessary review measures and provide required transaction information and documents, if applicable.
8.2. Conflicts of Interest – DealDocuUp reserves the right to decline or terminate transaction relationships if conflicts of interest exist or arise during the transaction relationship that could impair the quality of our transaction services.

9. Legal Provisions

9.1. Applicable Law – The transaction 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 transaction relationship is, to the extent 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 will be replaced by those that come closest to the economic purpose.