Scope of Application

Important note regarding the nature of our service: LEVATUS AG provides purely administrative support in dealing with debt. We explicitly do not assume any debts, make payments, or provide legal representation to third parties. We assist in structuring, communication, and negotiation – but we do not promise debt relief or guaranteed results.

The following General Terms and Conditions (GTC) govern all services and the contractual relationship between LEVATUS AG (hereinafter “we” or “LEVATUS AG”) and each customer or applicant (hereinafter “customer” or “applicant”). When submitting the application form, the customer is clearly informed of these General Terms and Conditions and accepts them upon submission or upon receipt of the application form. These GTC apply at all times during the cooperation between LEVATUS AG and the applicant or customer. By using our services, the customer expressly agrees to these terms. LEVATUS AG acts solely as an administrative and consulting service provider. Our services are limited to the administrative tasks defined in the management mandate or the consent form. There is no guarantee of success regarding debt relief, registry deletion, or successful negotiations with creditors. LEVATUS AG is not a debt collection agency, legal representative, fiduciary office, or a government debt counseling or debt relief agency – and we explicitly distance ourselves from such roles. Our goal is to prevent clients from entering formal debt relief procedures or facing further collection or bankruptcy actions. This is done without any guarantee of success. We do not act legally on behalf of the client, do not receive payments, and do not make binding agreements with third parties. Our activity is purely administrative, coordinating, and supportive. Within the scope of our services, we strive – based on the information provided by the client – to contact creditors with the goal of proposing possible payment arrangements that the creditor may accept or reject. We act solely as a mediator without any legal authority. The customer irrevocably agrees that in the event a creditor accepts an installment or partial payment plan, full responsibility for its compliance, execution, and payment lies with the customer alone. LEVATUS AG assumes no liability, enforcement duty, or guarantee of successful implementation in this context. LEVATUS AG is solely a service provider through which the customer may book a service where we attempt to negotiate payment plans with their creditors. No guarantee of success is expressly given. By submitting the application or signing, the customer confirms having read, understood, and fully accepted these General Terms and Conditions.

Scope of Services and Mandate Relationship

LEVATUS AG provides supportive services in the areas of debt counseling, debt management, administration, and financial restructuring. A mandate relationship is established only through an explicit declaration of acceptance – neither a contact request nor an inquiry constitutes a claim to services. Our services specifically include the execution of an administrative mandate according to an individual agreement, the coordination of requests for the deletion of debt collection register entries, and the provision of support materials and assistance in achieving financial self-stabilization. The goal of our work is to reduce the customer’s administrative burden and to support the development of sustainable solutions to avoid further debt. We explicitly emphasize that we do not offer legal debt relief and clearly distance ourselves from such activities. The services we provide are purely supportive and coordinative in nature. We do not assume any guarantee or liability for success, damages, or resulting consequences. Our work is based exclusively on the information provided by the customer. LEVATUS AG assumes no responsibility for the accuracy, completeness, or currency of such information.

The mandate relationship comes into effect as soon as the customer explicitly accepts our offer – whether in writing, electronically, or verbally. Upon entering the mandate, the customer irrevocably confirms that they have read, understood, and accepted the General Terms and Conditions (GTC) of LEVATUS AG. After the mandate has begun, the customer is obliged to provide all documents and information necessary for the service truthfully, completely, and in a timely manner. In the case of incomplete or misleading information, LEVATUS AG reserves the right to refuse or suspend the execution of the mandate. In such cases, we reserve the right to charge for services already rendered in accordance with the agreed tariffs. 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 content and the cost structure and expressly agrees to them.

Services

LEVATUS AG exclusively provides supportive and administrative services in connection with its clients’ financial difficulties. Our main activity is to contact creditors – based on the information provided by the client, particularly the prepared budget – and to request non-binding partial or installment payment agreements on behalf of the client. We act solely as an intermediary without legal authority to represent. As part of this service, we manage the administrative organization and handling of incoming and outgoing correspondence – including communication with creditors, authorities, and relevant institutions – without having access to accounts or the authority to enter into legally binding agreements.

The customer explicitly understands that this concerns only communication regarding potential partial or payment agreements in order to prevent new debt. All correspondence or communication with creditors is ultimately the client’s responsibility. The customer will be informed of the creditor’s decisions by email and agrees, by accepting these GTC, to regularly check their email inbox – including the spam folder. Final decision-making and payment authority remain entirely with the client.

In addition, we support our clients through: the structuring of their financial documents, creation of a budget plan based on the information provided, and, if needed, the formal coordination of requests to delete entries from the debt collection register – always subject to creditor approval. Furthermore, we provide our clients with a handbook containing recommendations for financial self-help. This handbook is intended solely as guidance and does not contain any promise of success or legal effect. We accept no liability for the implementation of the content or any resulting consequences.

We explicitly emphasize that LEVATUS AG: does not assume debts, does not process payments on behalf of clients, does not conduct debt restructuring, does not act as a fiduciary, collection agency, or legal representative, and does not act in any legally binding capacity for the client. Responsibility for all decisions made, particularly regarding the implementation of proposed payment agreements, lies solely with the client. The client irrevocably agrees that the execution of any payment plans – upon creditor approval – must be carried out by the client themselves. LEVATUS AG merely acts as a supportive coordination agency. Any claims against LEVATUS AG expire no later than twelve months after the cause of the claim becomes known. LEVATUS AG accepts no liability for the effectiveness, acceptance, or implementation of proposed solutions.

Debt Assistance Package

The LEVATUS AG Debt Assistance Package is a comprehensive support service provided to the client for a one-time flat fee of CHF 290.– excluding VAT. The offered service is exclusively supportive and advisory – LEVATUS AG does not provide legal representation or formal debt restructuring in the legal sense. Full payment of the package price is mandatory in advance. No services will be rendered before payment is received. By booking the package, the client explicitly agrees that service will commence only after payment is received.

The package includes the following support services in particular: preparation of an overview of the client’s debts and budget based on the information provided, communication with creditors to explore potential debt solutions, procurement of a current debt collection register extract, support in clearing entries in the debt collection register, a debt assistance handbook, and personal support via email, phone, and WhatsApp for a maximum of 90 calendar days from the date of payment. Booking and payment of this package does not guarantee debt freedom or that all open claims can be resolved, as final debt payment from the debtor to the creditor is the sole responsibility of the client.

No guarantee is given for complete deletion of entries from the debt collection register or successful agreements with creditors. LEVATUS AG can only support and mediate based on the information provided by the client. LEVATUS AG does not assume debts, does not make payments on behalf of clients, and does not act as a representative toward third parties. Active debt assumption, restructuring, or legal representation are not part of the service scope.

LEVATUS AG assumes no responsibility for the actual deletion of entries from the debt collection register, as this lies solely within the discretion of the creditors and competent authorities. The client is obligated to provide all information, documents, and disclosures necessary for the provision of services completely and accurately. Deficient or delayed cooperation may hinder or prevent processing. In such cases, the client is not entitled to a refund. After 90 calendar days, support ends automatically. An extension or continued support is not included in the package price and requires a separate agreement if the client wishes further assistance after the 90-day period. A refund of the package fee is generally excluded once any part of the Debt Assistance Package has been used. Exceptions are at the sole discretion of LEVATUS AG.

Formation of the Collaboration

The services presented on our website are non-binding and do not constitute legally binding offers. They serve as an invitation to the applicant or customer to submit a binding offer for collaboration. A binding mandate offer is made when the customer submits a request via our website, contacts us directly, or provides the necessary information for processing. LEVATUS AG reserves the right to reject inquiries or applications without providing reasons, particularly if the customer’s information is incomplete, incorrect, or misleading.

A collaboration is established once both parties sign the agreement in writing or the customer consents by actively using our services (e.g., by returning signed authorizations, providing documents). By accepting the General Terms and Conditions, the customer irrevocably acknowledges having read, understood, and accepted our terms. The customer agrees to provide all relevant information truthfully, completely, and within the required timeframe. Any delays or discrepancies due to false or incomplete information are solely the responsibility of the customer. We assume no liability for delays, complications, or failures, nor for any personal or legal consequences. We reserve the right to terminate or suspend the collaboration at any time without stating reasons if it becomes apparent that further processing is not possible or reasonable. In this case, the customer remains obligated to pay for costs already incurred. We also reserve the right to refuse or terminate collaboration if the customer fails to meet their obligations.

Ordering Debt Collection Register Extracts

We offer our clients the option to order a debt collection register extract via our website. We handle and forward the requests to the relevant authorities with due diligence. However, as the issuance and delivery of extracts depend on external authorities, we assume no liability for delays, errors, or other irregularities on the part of those authorities 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 claims for damages. By accepting the General Terms and Conditions, the customer explicitly waives such rights.

The customer is solely responsible for completing the required information accurately and completely. Incorrect or incomplete entries may result in delays or rejection of the request, for which we assume no responsibility. A processing fee of CHF 29.– (excl. VAT) is charged for ordering a debt collection register extract. By placing an order via our website, the customer confirms having read, understood, and accepted these conditions.

Disclaimer of Liability

LEVATUS AG provides its services in the field of debt counseling, debt structuring, and administrative support solely in an advisory, coordinating, and supportive role. We explicitly do not offer legal representation before creditors, authorities, debt collection agencies, or any other third parties. LEVATUS AG is not a debt collection agency, fiduciary, legal advisory office, or a state-recognized restructuring authority. All information, budget data, and documents on which our services are based are provided exclusively by the customer. The customer bears full responsibility for their accuracy, completeness, and currency.

Based on this information, LEVATUS AG – within the scope of its service – contacts creditors on a non-binding basis to request partial or installment payment agreements. The decision to accept, reject, or implement such proposals lies solely with the creditor or the client. Responsibility for all financial, legal, or contractual obligations remains entirely with the customer at all times.

LEVATUS AG assumes no liability – whether direct or indirect – for: rejections, delays, or failures in implementing payment agreements or other documents; incorrect, incomplete, or delayed information provided; missed financial opportunities; omissions; register entries or consequences from collection actions; technical problems, system outages, or external disruptions; refunds, collections, enforcement, or court costs; financial damages, lost profits, or consequential damages. LEVATUS AG does not guarantee debt forgiveness, register cleansing, positive responses from creditors, or restoration of financial capability.

By accepting the General Terms and Conditions, the customer irrevocably agrees that all services provided by LEVATUS AG are used at their own risk and that no claims for damages, reimbursement, or liability can be made against LEVATUS AG, its employees, or affiliated third parties – neither now nor in the future. LEVATUS AG is also not liable for decisions made by authorities, courts, collection agencies, or other entities, as these are beyond our control. LEVATUS AG provides no guarantee for the actual deletion of entries from the debt collection register, as this lies solely at the discretion of creditors and the relevant authorities.

Disclaimer of Liability (continued)

LEVATUS AG reserves the right to refuse, terminate, or suspend services at any time without providing reasons, especially if the collaboration becomes unreasonable, the customer fails to meet their obligations, or legal, economic, or factual circumstances necessitate it. Even in such cases, there is no entitlement to a refund for services already rendered. Within the framework of our administrative service, LEVATUS AG makes efforts to negotiate installment agreements with the creditors specified by the customer. These proposals are based – as far as possible – on the budget details provided by the customer. A full consideration of all individual circumstances cannot be guaranteed in every case.

LEVATUS AG contacts only those creditors who were verbally mentioned by the customer during the budget appointment. These details are documented directly in the budget during the appointment and internally recorded. The responsibility for the accuracy and completeness of the creditor information lies solely with the customer. LEVATUS AG assumes no liability or warranty for missing, incorrect, or incomplete information. Negotiated installment or solution proposals are made available to the customer for review. The decision to accept or reject these proposals and their complete and timely execution lies solely with the customer.

LEVATUS AG acts exclusively in an organizational and supportive capacity and assumes no responsibility for the feasibility, acceptance, or implementation of the proposed agreements. Nor is any guarantee given for the success or sustainability of the agreed solutions.

Customer Obligations

The customer is obligated to provide LEVATUS AG with complete, correct, truthful, and up-to-date documents and information in a timely manner that are necessary for the provision of the agreed services. LEVATUS AG actively monitors for indications of possible false statements or improper intentions. In cases of justified suspicion and documented inconsistencies that a customer is deliberately deceiving us, attempting to make false statements, or is planning or carrying out illegal actions using our services, we reserve the right to terminate the collaboration with immediate effect.

We explicitly distance ourselves from any form of legal misuse and do not tolerate actions that could associate us or our services with unlawful behavior. This includes in particular all documents related to existing debts, creditors, reminders, garnishments, ongoing payment agreements, and any information regarding the overall financial situation. The customer is further obligated to carefully review all communication from LEVATUS AG – especially proposals, inquiries, or letters to creditors – and to respond promptly or provide approval where required.

The customer is informed of every outgoing and incoming decision by email and thus agrees to regularly check their email inbox as well as their spam folder. Active participation is a prerequisite. It is the sole responsibility of the customer to verify the accuracy, completeness, and relevance of all transmitted information, documents, and communications. Delayed responses, missing approvals, or a lack of reaction from the customer can block the entire process.

Customer Obligations (continued)

LEVATUS AG assumes no responsibility for the accuracy, completeness, or currency of the information and documents provided by the customer. The customer is solely responsible for the correctness of their disclosures. We are not liable for any damages, disadvantages, or legal consequences arising from incorrect, incomplete, false, forged, or misleading statements made by the customer. LEVATUS AG accepts no responsibility for delays, misjudgments, failed negotiations, or any other negative consequences.

The customer specifically undertakes to:

• Immediately inform us of any changes to their personal or financial situation, including changes of address, income, new debts, or ongoing garnishments;

• Provide all information in their personal budget correctly and completely – our actions towards creditors are based on this data;

• Forward debt collection notices or new creditor information without delay; and

• Respond to inquiries within a maximum of two working days, unless another deadline is specified.

Our activities are based solely on the information provided by the customer. We reserve the right to request supporting documents in the case of obvious discrepancies, without being obligated to do so. False statements, withholding of information, or deception may result in the immediate termination of the collaboration, and no liability will be assumed in such cases.

If the customer fails to fulfill their obligations – whether by providing false, incomplete, or delayed information, by lack of cooperation, or by repeatedly ignoring communications – we are entitled to terminate all services at any time without further explanation and with immediate effect. In such a case, we explicitly reserve the right to charge for services already rendered. There is no entitlement to a refund, compensation, or continuation of the mandate.

LEVATUS AG is entitled to terminate the mandate relationship and all ongoing processes, including creditor negotiations, debt analyses, or register deletions, immediately and irrevocably if a breach of duty is identified. The assessment of such a breach lies solely at the discretion of LEVATUS AG, which the customer fully and irrevocably accepts by agreeing to these GTC. The customer is solely liable for all resulting consequences – such as payment demands, collection actions, new debt collection proceedings, or legal steps.

By confirming the General Terms and Conditions in the application form, the customer affirms having fully understood and agreed to these obligations. The customer also agrees to provide LEVATUS AG with a complete and correct list of all creditors that are to be contacted or included in the processing within the scope of the administrative mandate. LEVATUS AG accepts no responsibility for the accuracy, completeness, or currency of this information. The customer bears full responsibility for any disadvantages resulting from missing, incomplete, or incorrect creditor data. Independent creditor investigation by LEVATUS AG will not be conducted unless explicitly agreed upon.

Right of Withdrawal for Consumers

Consumers have the right to withdraw from the mandate within 14 days without giving any reason. The withdrawal must be made in writing and can be sent to us either by post to our business address or by email to our official contact address. Any services already rendered up to the time of withdrawal may be invoiced. The withdrawal only becomes effective upon receipt and written confirmation by us. After the withdrawal period has expired, the mandate is considered binding and can only be terminated 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, altered, published, passed on to third parties, or used for personal purposes without our prior written consent. The use of the provided materials is permitted solely for personal and non-commercial purposes within the scope of the specific mandate relationship. This also applies after the end of the collaboration. Any unauthorized use or disclosure may lead to legal consequences.

After the end of the mandate, all provided materials, digital files, and other confidential information must either be returned or demonstrably and irreversibly deleted. The customer agrees not to use or pass on any of our protected methods, business models, or internal processes for personal or commercial purposes. In the event of a violation, we reserve the right to take legal action and claim damages.

Confidential information as defined in these GTC includes, but is not limited to: all concepts, templates, strategies, internal processes, and working methods provided by LEVATUS AG; all written content, text modules, or template letters for creditors or authorities; analysis reports, budget plans, and individual recommendations for debt regulation or communication with creditors; as well as any content from the provided handbook or internal communication materials. These contents are the intellectual property of LEVATUS AG and may not be reproduced, altered, distributed, shared with third parties, or used for personal purposes without prior written consent. This obligation remains in force even after the end of the collaboration. Any violation may result in civil and criminal liability.

Fees and Compensation

Our fees and compensation are based on individual agreements with the customer or applicant. Below is a transparent overview of our key services and associated charges:

Administrative Mandate: For ongoing support within the scope of an administrative mandate, we charge an hourly rate of CHF 79.–. To avoid placing unnecessary financial burden on our clients, a maximum of one hour per month will be billed – regardless of actual effort. The amount of the fee may vary depending on the type, scope, and duration of the service. The customer acknowledges that fees may change during the course of the collaboration, even if originally defined in the mandate.

Success-Based Fee for Debt Forgiveness: In the case of successful debt forgiveness – whether through direct negotiations with creditors or settlements – we charge a success fee of up to 15% of the actual forgiven debt amount. This fee is binding, non-refundable, and applies regardless of how the debt forgiveness was achieved.

Deletion of Debt Collection Register Entries: For successfully deleting an entry from the debt collection register, we charge a flat fee of CHF 59.– per deleted entry. This flat fee includes all administrative steps such as: communication with creditors, obtaining statements of consent, formal application submission, and full coordination of the deletion process. If deletion is not possible (e.g., due to rejection by creditors), we charge a processing fee of CHF 29.– for the work performed. We explicitly offer no guarantee for successful deletion, as the decision lies solely with creditors and competent authorities.

Debt Collection Extract: To determine existing entries, we order a current extract from the debt collection register for each customer. A processing fee of CHF 29.– is charged for this service.

Payment Terms: All fees and charges are due for payment no later than upon successful completion of the respective service. We reserve the right to request prepayment or partial payment for certain services. The customer agrees to pay the invoiced amounts within the payment deadline stated on the invoice. In case of payment default, we reserve the right to: charge reminder fees and interest on arrears of up to 5% p.a. If the customer fails to meet their 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 the obligation to pay for services already rendered.

Data Protection and Confidentiality

We are committed to treating all customer data with strict confidentiality and using it exclusively for fulfilling the mandate and providing the agreed services. The customer explicitly agrees that personal data – especially those required to process their case – may be passed on to third parties such as creditors, authorities, legal representatives, banks, collection agencies, or CRM systems, insofar as this is necessary for mandate fulfillment. This also includes forwarding documents, payment information, or other relevant data to clarify outstanding claims and initiate negotiations with creditors.

The processing, storage, and transmission of data is carried out in compliance with applicable data protection laws. The customer acknowledges that we cannot guarantee absolute data security in the context of our services and that we accept no liability for unauthorized access, hacking, technical failures, or unforeseen data losses. We also accept no liability for misuse or loss of data. Liability for damages caused by third parties or external systems is fully excluded.

Furthermore, we reserve the right to analyze customer data for internal purposes in order to optimize our services, without sharing such data with unauthorized third parties. The customer has no right to demand the complete deletion of their data afterwards if legal retention obligations or mandate requirements exist. After the end of the collaboration, we are entitled to continue storing data for administrative or legal purposes. By signing a mandate or accepting our services, the customer confirms having read, understood, and irrevocably accepted these data protection provisions.

Any subsequent objections or revocations concerning data processing shall not have retroactive effect on data already processed or transmitted. The customer waives any claims against us related to the use, processing, or sharing of their data within the scope of mandate execution. Confidential information within the meaning of this section is not to be equated with personal data under data protection law. For the latter, the provisions in the “Data Protection” section apply.

Termination and End of Collaboration

We reserve the unrestricted right to terminate the mandate at any time and without prior notice if the customer fails to meet their obligations to cooperate, is in default of payment, or if the collaboration becomes unreasonable. This particularly includes, but is not limited to, cases where the customer provides false or incomplete information, violates written agreements, or makes further collaboration difficult through their behavior. The decision to terminate a mandate is solely at the discretion of LEVATUS AG, and no detailed justification is required for the customer.

Upon termination of the mandate, all our obligations expire, and we are no longer obliged to process the case or provide services. Any continuation of the collaboration after termination is excluded unless we explicitly decide otherwise. A termination by the customer does not release them from the payment obligations already incurred. All services provided up to the time of termination and agreed fees and charges remain payable in full.

The customer acknowledges that refunds of payments already made are excluded, regardless of the timing or reason for the termination. In the event of a termination on our part, the customer is not entitled to any claims for damages, compensation, or any other financial reimbursement. By accepting these General Terms and Conditions, the customer irrevocably agrees to these provisions and waives any subsequent objections or legal actions against a termination initiated by us.

Final Provisions

For all disputes arising from the mandate relationship, our registered office shall be the exclusive place of jurisdiction, and only Swiss law shall apply. If any provision of these GTC is invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

The customer irrevocably acknowledges that we do not assume liability in any form or at any time for financial, legal, or other consequences resulting from the use or non-use of the offered services. The customer bears sole responsibility for all decisions, actions, and resulting consequences related to our services, regardless of whether they are financial, legal, or administrative in nature.

We are not liable for any existing or future financial, personal, or legal obligations of the customer, nor for legal consequences arising from collaboration with the customer. The customer acknowledges that they bear full responsibility. We are also not liable for delays, rejections, or failures in the context of debt negotiations, register cleanups, or other services provided.

Creditworthiness, credit rating, or legal consequences resulting from the customer’s financial situation lie entirely within their own responsibility. Liability for actions or decisions made by creditors, authorities, collection agencies, or other involved third parties is likewise excluded.

The customer acknowledges that all services are provided solely on the basis of the information they provide and that incorrect, incomplete, or misleading information may impair or render services impossible, without this giving rise to any liability on our part. Furthermore, we assume no responsibility for external influences, technical issues, official delays, or other factors that may affect the success of the service.

By accepting the GTC, the customer expressly confirms that all services are used at their own risk and that they waive all claims against us. We reserve the right to change these GTC at any time without prior notice. The customer is responsible for staying informed about any changes. Continued use of the services after a change to the GTC constitutes acceptance of the updated terms.

These GTC come into force on 01.09.2024 and replace all previous versions. By signing a mandate, accepting the services, or submitting the application form on our website, the customer irrevocably confirms that they have fully read, understood, and accepted these terms and expressly waives any subsequent objections or legal action against their provisions.