Terms and Conditions (T&C)
1. Scope of Application
These Terms and Conditions (T&C) govern the contractual relationship between Peak Dealmakers - Porepp, sole proprietorship, based in Emmenbrücke, Switzerland (hereinafter referred to as the “Provider”),
and its clients (hereinafter referred to as the “Client” or “Customer”) in connection with all services offered by the Provider.
Any terms and conditions of the Client that deviate from or supplement these T&C shall only apply if expressly confirmed in writing by the Provider.
The specific service descriptions result from the respective valid offers, contracts, or the descriptions published on the Provider’s website.
2. Services
The Provider offers services in the field of business acquisitions and sales.
Services may be purchased individually or as comprehensive mandates.
The Provider reserves the right to engage qualified third parties to fulfil parts of the contract. Such parties are carefully selected, and the Provider remains responsible for their diligent performance.
3. Conclusion of Contract
A contract between the Provider and the Client is deemed concluded once:
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the Client accepts a written offer or order confirmation from the Provider, or
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a payment has been made for a service offered by the Provider.
Electronic confirmations (e.g. by email) are considered equivalent to a written agreement.
4. Obligations of the Provider
The Provider undertakes to perform the agreed services in a professional, diligent, and confidential manner.
A specific economic result — in particular, the completion of a business purchase or sale — is not guaranteed unless expressly agreed in writing.
5. Obligations of the Client
The Client undertakes to:
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provide all necessary information and documents fully and truthfully,
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actively cooperate throughout the project, and
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adhere to agreed deadlines and payment terms.
If the Client fails to provide necessary cooperation or defaults on payments, the Provider is entitled to suspend service delivery or terminate the contract with immediate effect for just cause.
In such cases, the Provider retains the right to payment for services already rendered; refunds for payments already made are excluded.
6. Fees and Payment Terms
Fees are determined by the individually agreed offer or the Provider’s current price list. Prices may be quoted in Swiss Francs (CHF), Euros (EUR), or US Dollars (USD). The currency specified in the respective contract or offer shall be binding.
Unless otherwise agreed, payments are due within 10 days of the invoice date, without deduction. The Provider will commence work only after full payment has been received, unless otherwise agreed in writing.
In the case of instalment or partial payments, the Provider may withhold interim results or materials until full payment has been made.
7. Liability
The Provider shall only be liable for damage caused intentionally or by gross negligence. Liability for slight negligence, indirect damage, consequential losses, or lost profits is excluded. In any case, liability is limited to the contract value of the respective service.
Advisory and analytical services are based on the information provided by the Client. The Provider assumes no responsibility for the accuracy, completeness, or timeliness of such information.
8. Confidentiality
Both parties agree to maintain confidentiality regarding all information obtained in the course of their cooperation.
This obligation shall remain in force indefinitely, even after the termination of the contract. The Provider may use anonymised or aggregated data for statistical or internal analytical purposes,
provided that no conclusions can be drawn about individuals or specific companies.
9. Data Protection
The processing of personal data is carried out in accordance with the Provider’s Privacy Policy, available at [Privacy Policy].
10. Intellectual Property
All documents, analyses, evaluations, concepts, texts, templates, questionnaires, and digital materials created by the Provider remain the intellectual property of the Provider, even if transmitted to or customised for the Client.
Any distribution, publication, reproduction, modification, translation, conversion into other formats, or commercial use by the Client or third parties is strictly prohibited without the Provider’s prior written consent.
Any violation entitles the Provider to claim damages and to terminate the contract immediately.
All materials provided are licensed for internal use only, not sold.
11. Contract Duration and Withdrawal
The duration of the contract is determined by the respective offer or defined project goals. As the services provided are of an intangible nature, there is no right of withdrawal or refund once the Provider has commenced work or delivered materials.
A refund will only be granted if the Provider is unable to perform the agreed service as contractually stipulated and the Client has previously granted the Provider an appropriate grace period to fulfil the obligation.
12. Applicable Law and Jurisdiction
All legal relationships between the Provider and the Client are subject exclusively to substantive Swiss law,
excluding its conflict-of-law provisions and international conventions (in particular, the UN Convention on Contracts for the International Sale of Goods, CISG).
Before initiating any legal proceedings, both parties agree to seek an amicable resolution and to participate in a conciliation procedure in accordance with the provisions of the Swiss Civil Procedure Code (ZPO).
The place of jurisdiction is Lucerne, Switzerland.
Unless mandatory legal provisions (particularly for consumers) provide otherwise, Lucerne shall be the exclusive place of jurisdiction.
13. Final Provisions
If any provision of these T&C is found to be invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Any invalid provision shall be replaced by a regulation that most closely reflects the economic intent of the original provision.
These T&C are available in multiple languages.
In the event of any discrepancies or deviations between language versions, only the German version shall be legally binding.
Any amendments or additions to these T&C must be made in writing.