Scope of Application
These General Terms and Conditions (hereinafter “GTC”) govern all services and the contractual relationship between LEVATUS AG (hereinafter “we” or “LEVATUS AG”) and each customer or applicant (hereinafter “the customer” or “the applicant”). When completing the application form, the customer is clearly informed of these GTC and accepts them by submitting the form. The GTC apply at every point of the cooperation between LEVATUS AG and the applicant or customer. By using our services, the customer expressly agrees to these conditions. LEVATUS AG acts solely as an administrative and consulting service provider. Our services are limited to the administrative activities specified in the management mandate or the declaration of consent. No guarantee of success is given with regard to freedom from debt, deletion from registers or successful negotiations with creditors. LEVATUS AG is not a collection agency, legal representative, fiduciary, or state-run debt counselling or restructuring institution, and we explicitly distance ourselves from such roles. Our aim is to prevent the customer, on a precautionary basis, from entering debt restructuring or further collection and bankruptcy measures, without any guarantee of success. We do not act legally on behalf of the customer, do not accept payments and do not conclude binding agreements with third parties. Our activity is exclusively administrative, coordinating and supportive. Within our services, we endeavour – based on the information provided by the customer – to contact creditors in order to propose possible payment arrangements that the creditor may accept or reject. We act solely as an intermediary without legal power of representation. The customer irrevocably agrees that, in the event of a partial or instalment payment accepted by a creditor, full responsibility for its compliance, implementation and payment lies exclusively with the customer. LEVATUS AG assumes no liability, enforcement obligation or guarantee of successful implementation. LEVATUS AG is merely a service point where the customer can book a service for us to attempt to arrange possible payment agreements with his creditors. No guarantee of success is expressly given. By submitting the application or signing, the customer confirms that he has read, understood and fully accepted these GTC.

Scope of Services and Mandate Relationship
LEVATUS AG provides supporting services in the areas of debt counselling, debt management, administration and financial restructuring. A mandate relationship arises only through an explicit declaration of acceptance; neither contacting us nor making an enquiry entitles the customer to a service. Our services include, in particular, executing a management mandate according to individual agreement, coordinating requests to delete entries from the debt enforcement register, and providing support materials and assistance for financial self-stabilisation. The objective of our work is to relieve the customer administratively and to assist in developing sustainable solutions to prevent further indebtedness. We expressly point out that we do not offer legal debt restructuring and clearly distance ourselves from such activity. The services we provide are purely supportive and coordinating. We assume no warranty or liability for success, possible damages or resulting consequences. Our work is based solely on the information provided by the customer, for which LEVATUS AG accepts no liability regarding accuracy, completeness or timeliness. The mandate takes effect once the customer explicitly accepts our offer – in writing, electronically or verbally. By entering into the mandate, the customer irrevocably confirms that he has read, understood and accepted the GTC of LEVATUS AG. After the start of the mandate, the customer undertakes to provide all documents and information required for the service truthfully, completely and within the set deadlines. If the information is incomplete or misleading, LEVATUS AG reserves the right to refuse or suspend the mandate execution and to invoice the services already provided at the agreed rates. All services are provided under the conditions defined on the website or in the offer and are fully subject to our GTC. By accepting the mandate, the customer acknowledges both the contents and the cost structure and expressly agrees to them.

Service Description
LEVATUS AG provides exclusively supportive and administrative services in connection with its customers’ financial difficulties. Our primary task is, on the basis of the information provided by the customer – especially the budget drawn up – to contact creditors and, on the customer’s behalf and without obligation, request partial or instalment payment agreements. We act solely as an intermediary without legal authority to represent. As part of this service, we handle the administrative organisation and processing of inbound and outbound communications – including correspondence with creditors, authorities and relevant bodies – without access to accounts or authority to conclude legally binding agreements. The customer has expressly understood that it concerns only communication regarding potential partial or payment agreements to prevent new debt. All correspondence or other communication with creditors must be managed by the customer. The customer is always informed of creditors’ decisions by e-mail and thereby undertakes, by accepting the GTC, to check his e-mail inbox regularly, including the spam folder. Decision-making power and payment responsibility remain in all cases with the customer. Additionally, we support our customers by structuring their financial documents, preparing a budget plan based on the details provided, and, if necessary, formally coordinating requests to delete entries from the debt enforcement register – always subject to the approval of the relevant creditors. We also provide a handbook with recommendations for financial self-help. This serves solely as guidance and contains neither a promise of success nor legal effect. No liability is assumed for its implementation or any resulting consequences. We expressly state that LEVATUS AG does not take over debts, does not process payments on the customer’s behalf, does not restructure debts, does not act as a fiduciary, collection agency or legal representative, and in no way acts legally binding for the customer. Responsibility for all decisions, particularly regarding the implementation of proposed payment arrangements, rests exclusively with the customer. The customer irrevocably agrees that any payment plans – if approved by creditors – must be executed by himself. LEVATUS AG merely acts as a supportive coordination office. All claims against LEVATUS AG become time-barred at the latest twelve months after the cause is known. LEVATUS AG assumes no liability for the effectiveness, acceptance or implementation of proposed solutions.

Commencement of Cooperation
The services presented on our website are non-binding and do not constitute legally binding offers. They invite the applicant or customer to make a binding offer to cooperate. A binding mandate offer is made when the customer submits an enquiry via our website, contacts us directly or provides the information required for processing. LEVATUS AG reserves the right to refuse enquiries or applications without stating reasons, especially if the customer’s information is incomplete, incorrect or misleading. Cooperation begins as soon as both parties sign the agreement in writing or the customer gives consent through active use of our services (e.g. by returning signed powers of attorney or providing documents). By accepting the GTC, the customer irrevocably acknowledges having read, understood and accepted our conditions. The customer undertakes to provide all relevant information truthfully, completely and within the deadline. Any delays or inconsistencies due to incorrect or incomplete information are solely borne by the customer. We assume no liability for delays, complications or failures, nor for personal or legal consequences. We may terminate or suspend cooperation at any time without giving reasons if processing proves impossible or pointless. In this case, the customer remains obliged to settle the costs incurred. We also reserve the right to refuse or terminate cooperation if the customer fails to meet his obligations.

Ordering Debt Enforcement Register Extracts
We offer our customers the option to order an extract from the debt enforcement register via our website. Processing and forwarding the requests to the competent offices are carried out with due care. However, issuance and delivery of the extracts depend on external authorities; we accept no liability for delays, errors or irregularities caused by the competent offices or third parties. The stated processing times are non-binding estimates and may vary depending on the workload of the authorities or unforeseen circumstances. Late delivery does not entitle the customer to a refund or damages, a right the customer expressly waives by accepting the GTC. The customer is responsible for entering correct and complete information; incorrect or incomplete information may lead to delays or rejection of the request, for which we assume no responsibility. A processing fee of CHF 29 (excl. VAT) is charged for ordering an extract. By ordering via our website, the customer confirms that he has read, understood and accepted these conditions.

Disclaimer of Liability
LEVATUS AG provides its services in debt counselling, debt structuring and administrative support solely in an accompanying, coordinating and advisory capacity. There is expressly no legal representation vis-à-vis creditors, authorities, collection agencies or other third parties. LEVATUS AG is neither a collection office, a fiduciary, a legal advisory office nor a state-recognized restructuring authority. All information, budget data and documents on which our activity is based are provided solely by the customer. Responsibility for their accuracy, completeness and timeliness lies entirely with the customer. Based on this information, LEVATUS AG contacts creditors – within the scope of its service – to request partial or instalment agreements, without obligation. The decision to accept, reject or implement such proposals lies solely with the creditor or the customer. Responsibility for all financial, legal or contractual obligations remains entirely with the customer. LEVATUS AG accepts no liability, direct or indirect, for rejection, delay or non-implementation of payment agreements or other documents, incorrect, incomplete or late information, lost financial advantages, omissions, register entries or collection consequences, technical problems, system failures or external disruptions, clawbacks, enforcement proceedings or court costs, economic losses, lost profits or consequential damages. LEVATUS AG gives no guarantee of success regarding debt forgiveness, register cleansing, positive creditor response or restoration of financial capacity. By accepting the GTC, the customer irrevocably agrees that all services of LEVATUS AG are at his own risk and that no claims for damages, reimbursement or liability can be asserted against LEVATUS AG, its employees or affiliated third parties, now or in the future. Likewise, LEVATUS AG is not liable for decisions by authorities, courts, collection services or other bodies beyond its control. LEVATUS AG reserves the right to refuse, terminate or suspend the service without giving reasons, particularly if cooperation becomes unreasonable, the customer fails to fulfil his duties or legal, economic or factual circumstances require it. In such cases, no claim for reimbursement of services already rendered exists.

LEVATUS AG strives, as part of its administrative services, to negotiate installment payment agreements with the creditors specified by the client. These proposals are based – as far as possible – on the budget information provided by the client. A complete consideration of all individual circumstances cannot be guaranteed in every case. LEVATUS AG contacts only those creditors who are verbally indicated by the client during the budget meeting. These details are recorded directly in the budget during the session and documented internally. The client bears full responsibility for the accuracy and completeness of the provided creditor information. LEVATUS AG assumes no liability or guarantee for missing, incorrect, or incomplete data. Negotiated installment or solution proposals are made available to the client for review. The decision to accept or reject these proposals, as well as their complete and timely implementation, lies solely with the client. LEVATUS AG acts exclusively in an organizational and supportive role and accepts no liability for the feasibility, acceptance, or execution of the proposed agreements. No guarantees are given for the success or sustainability of the negotiated solutions. 

Customer Obligations
The customer undertakes to provide LEVATUS AG in due time with complete, correct, truthful and up-to-date documents and information necessary to perform the agreed services. LEVATUS AG actively monitors indications of possible false information or unlawful intentions. If there is reasonable suspicion and documented inconsistencies that a customer is deliberately deceiving us, providing false information or planning criminal acts with our service, we reserve the right to terminate the cooperation with immediate effect. We explicitly distance ourselves from any form of misuse of the law and tolerate no actions that could associate our services with illegal behaviour. This includes, in particular, all documents related to existing debts, creditors, reminders, garnishments, ongoing payment agreements and any information about the overall financial situation. The customer is further obliged to examine thoroughly any communication from LEVATUS AG, especially proposals, queries or letters to creditors, and to respond promptly or approve them. The customer is informed by e-mail of every outgoing and incoming decision and thus undertakes to check his inbox regularly, including the spam folder. Active cooperation is essential. The customer is solely responsible for verifying the accuracy, completeness and relevance of all transmitted information, documents and communications. Late responses, missing approvals or lack of reaction can block the entire process. LEVATUS AG assumes no liability for the accuracy, completeness or timeliness of the information and documents provided by the customer. The customer alone is responsible for the correctness of his information. We are not liable for damages, disadvantages or legal consequences arising from incorrect, incomplete, false, forged or misleading information. LEVATUS AG assumes no responsibility for delays, misjudgements, failed negotiations or other negative consequences. The customer undertakes in particular to notify us immediately of any change in his personal or financial situation, to provide all budget information correctly and completely – as our actions towards creditors are based on this data –, to forward enforcement documents or new creditor information without delay, and to respond to requests within a maximum of two working days unless another deadline is specified. Our activity is based solely on the information provided by the customer. We reserve the right to request proof in case of obvious inconsistencies, without being obliged to do so. False information, withholding information or deception can terminate the cooperation immediately, with no liability on our part. If the customer fails to meet his obligations – whether through incorrect, incomplete or late information, lack of cooperation or repeated ignoring of communications – we are entitled to cease all services at any time without notice. In such a case, we expressly reserve the right to invoice services already rendered. No claim for refund, damages or continuation of the mandate exists. LEVATUS AG is entitled to terminate the mandate and all ongoing processes, including creditor negotiations, debt analyses or register deletions, immediately and irrevocably when a breach of duty is identified, at the sole discretion of LEVATUS AG, which the customer fully and irrevocably accepts. All resulting consequences – payment requests, collection actions, new enforcement proceedings or legal steps – are the sole responsibility of the customer. By confirming the GTC in the application form, the customer confirms that he fully understands and complies with these obligations.

The client agrees to provide LEVATUS AG with a complete and accurate list of all creditors to be contacted or included as part of the management mandate. LEVATUS AG assumes no responsibility for the accuracy, completeness, or timeliness of this information. The client bears sole responsibility for any disadvantages resulting from missing, incomplete, or incorrect creditor information. An independent investigation of creditors by LEVATUS AG will only be conducted if this has been expressly agreed upon.

Right of Withdrawal for Consumers
Consumers have the right to withdraw from the mandate within 14 days without giving reasons. The withdrawal must be submitted in writing and can be sent by post to our business address or by e-mail to our official contact address. Services already rendered up to the time of withdrawal may be invoiced. The withdrawal becomes effective only upon receipt and written confirmation by us. After the withdrawal period expires, the mandate is binding and can be terminated only under the agreed conditions.

Intellectual Property
All work results, concepts, strategies, analyses, documentation and other materials provided by us are protected intellectual property and may not be reproduced, modified, published, passed on to third parties or used for personal purposes without our prior written consent. Use of the provided materials is permitted only for personal, non-commercial purposes within the concrete mandate relationship, including after the end of cooperation. Any unauthorised use or disclosure may have legal consequences. After the mandate ends, all provided documents, digital files and other confidential information must be returned or demonstrably and irrevocably deleted. The customer undertakes not to use or disclose our protected methods, business models or internal processes for personal or third-party purposes. In case of violation, we reserve the right to take legal action and claim damages. Confidential information includes, but is not limited to, all concepts, templates, strategies, internal processes and working methods, any standard letters for creditors or authorities, analysis reports, budget plans and individual recommendations for debt regulation or creditor communication, as well as any content from the provided handbook or internal communications. These contents remain protected after the end of cooperation. Any breach may result in civil and criminal consequences.

Fees and Charges
Our costs and fees are generally determined by individual agreements with the customer or applicant. Below is a transparent overview of our main services and related fees: Management mandate: for ongoing support, we charge CHF 79 per hour. To avoid unnecessary financial burden, a maximum of one hour per month is invoiced, regardless of the actual effort. The amount of fees may vary depending on the type, scope and duration of the service. The customer accepts that costs may change during cooperation even if initially defined. Success fee for debt relief: in the event of successful debt relief – whether through direct negotiations with creditors or settlements – we charge a success fee of up to 15 % of the debt amount actually waived. This participation is binding, non-refundable and independent of how the debt relief was achieved. Deletion of entries in the debt enforcement register: for successfully deleting an entry, we charge a flat fee of CHF 59 per deleted entry. This covers all administrative steps, such as communication with creditors, obtaining statements of consent, formal application and coordination of the deletion process. If deletion is not possible (e.g. creditor refusal), we charge a processing fee of CHF 29 for the effort incurred. No guarantee of successful deletion is given, as the decision lies with creditors and authorities. Register extract: to determine entries, we order a current extract for each customer and charge a processing fee of CHF 29. Payment terms: all fees are due at the latest upon successful completion of the respective service. We reserve the right to request advance or partial payments for certain services. The customer undertakes to pay the amounts within the payment period stated on the invoice. In case of late payment, we may charge reminder fees and default interest of up to 5 % p.a. If the customer fails to meet his payment obligations, we are entitled to suspend the service or terminate the mandate without notice. Termination of the mandate does not release the customer from paying for services already provided.

Data Protection and Confidentiality
We undertake to treat all customer data strictly confidentially and use it exclusively for fulfilling the mandate and providing the agreed services. The customer expressly agrees that personal data necessary for processing his file may be passed on to third parties such as creditors, authorities, legal representatives, banks, collection companies or CRM systems if required to fulfil the mandate. This also includes forwarding documents, payment information or other relevant data to clarify outstanding claims and initiate negotiations with creditors. Processing, storage and transmission of data are carried out in compliance with applicable data protection regulations. The customer acknowledges that we cannot guarantee absolute data security and are not liable for unauthorised access, hacking, technical disruptions or unforeseen data losses. We also assume no liability for misuse or loss of data. Liability for damages caused by third parties or external systems is fully excluded. We reserve the right to analyse customer data for internal purposes to optimise our services, without passing it on to unauthorised third parties. The customer has no right to demand complete deletion of his data afterwards if legal retention obligations or mandate obligations exist. After cooperation ends, we are entitled to store data for administrative or legal purposes. By signing a mandate or accepting our services, the customer confirms that he has read, understood and irrevocably accepted these data protection regulations. Any subsequent objections or withdrawals regarding data processing have no retroactive effect on processing or transmissions already carried out. The customer waives any claims against us relating to the use, processing or disclosure of his data within the mandate. Confidential information within the meaning of this section is not equivalent to personal data under data protection legislation; the latter is governed by the present paragraph.

Termination and End of Cooperation
We reserve the unrestricted right to terminate the mandate at any time and without notice if the customer fails to meet his duties, is in arrears or cooperation becomes unreasonable. This includes, but is not limited to, cases in which the customer provides false or incomplete information, violates written agreements or otherwise hinders cooperation. The decision to terminate lies solely with LEVATUS AG without the need for detailed justification. After termination, all our obligations expire, and we are no longer obliged to process the file or provide services. Continued cooperation after termination is excluded unless we explicitly decide otherwise. Termination by the customer does not release him from payment obligations. All services provided up to the time of termination as well as agreed fees remain due and must be paid in full. The customer acknowledges that a refund of payments already made is excluded regardless of the time or reason for termination. In the event of termination by us, the customer has no claim to compensation. By accepting these GTC, the customer irrevocably agrees to these provisions and waives any subsequent objections or legal action against termination by us.

Final Provisions
For all disputes arising from the mandate relationship, the courts at our registered office have exclusive jurisdiction, and Swiss law exclusively applies. Should any provision of these GTC be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The customer irrevocably acknowledges that we do not assume any liability for financial, legal or other consequences resulting from the use or non-use of the services offered. The customer bears sole responsibility for all decisions, actions and resulting consequences in connection with our services, whether financial, legal or administrative. We are not liable for existing or future financial, personal or legal obligations of the customer, nor for legal consequences arising from cooperation with the customer. The customer accepts irrevocably that he alone is liable. We are likewise not liable for delays, refusals or failures in debt negotiations, register cleansing or other services. Responsibility for creditworthiness or legal consequences resulting from the customer’s financial situation lies entirely with the customer. Any liability for actions or decisions of creditors, authorities, collection agencies or other third parties is excluded. The customer acknowledges that all services are provided solely on the basis of the information he supplies and that incorrect, incomplete or misleading information may impair or render services impossible without incurring liability on our part. Furthermore, we accept no responsibility for external influences, technical problems, administrative delays or other factors influencing service success. By accepting the GTC, the customer expressly confirms that all services are used at his own risk and he waives any claims against us. We reserve the right to amend these GTC at any time without prior notice, and the customer is responsible for keeping informed of any changes. By continuing to use the services after a change, the customer automatically agrees to the updated terms. These GTC enter into force on 01.09.2024 and replace all previous versions. By signing a mandate, accepting the services or submitting the online application form, the customer irrevocably confirms that he has read, understood and fully accepted these terms and expressly waives any subsequent objections or legal action against their provisions.