Terms of Service

Validity of the general terms and conditions and deviations

a) The following general terms and conditions apply to all current and future contracts between the Client and Sorabia.
b) Deviations from these terms and conditions, and in particular the customer's terms and conditions, only apply if they are expressly recognized and confirmed by Sorabia in writing.
c) As far as the contracts are concluded with consumers, the mandatory provisions of this law take precedence over the following general terms and conditions.

Offers, subsidiary agreements

a) The offers of Sorabia are, unless otherwise stated, non-binding with regard to all data provided, including the fee.
b) If an order confirmation from Sorabia contains changes to the order, these are deemed to have been approved by the client, unless the client objects to this immediately in writing.
c) Agreements must be made in writing.

Placing an order

a) The type and scope of the agreed service result from the contract, power of attorney and these general terms and conditions.
b) Changes and additions to the order require written confirmation by Sorabia in order to become the subject of the present contractual relationship.
c) Sorabia undertakes to properly carry out the order given to it in accordance with the generally recognized rules of technology and the principles of economic efficiency.
d) Sorabia can use other appropriately authorized subcontractors to fulfill the contract and place orders with them in the name and for the account of Sorabia. However, Sorabia is obliged to notify the client in writing if it intends to have orders carried out by a subcontractor and to give the client the opportunity to object to this order being placed with the subcontractor within one week; in this case, Sorabia has to carry out the order itself.

Warranty and Compensation

a) Warranty claims can only be made after notification of defects, which must be made exclusively by registered letter within 14 days of acceptance of the service or partial service.
b) Claims for conversion and price reduction are excluded. Sorabia must meet claims for improvement or additions to what is missing within a reasonable period, which is generally one third of the period agreed for the performance of the service. A claim for damage caused by delay cannot be made within this period.
c) Sorabia has to provide its services with the care expected of it as a professional.

Withdrawal from the contract

a) Withdrawal from the contract is only permitted for an important reason.
b) If Sorabia defaults on a service, the customer can only withdraw after setting a reasonable grace period; the grace period must be set by a registered letter.
c) If the client defaults on a partial service or an agreed cooperation that makes the execution of the order by Sorabia impossible or significantly hinders, Sorabia is entitled to withdraw from the contract.
d) If Sorabia is entitled to withdraw from the contract, it retains the right to the entire agreed fee, also in the case of unjustified withdrawal by the client. Furthermore, in the event of a justified withdrawal by the client, the services provided by Sorabia must be paid for.

Fee, scope of services

a) Unless otherwise stated, all fees are paid to us in USD.
b) The stated fee amounts do not include sales tax (value added tax); this is to be paid separately by the client.
c) Compensation with any counterclaims, for whatever reason, is not permitted.

We offer initial and ongoing services and will discuss our payment options and answer any questions. We will not make a charge until we have agreed with you how we are to be paid. The agreed advice fees will be confirmed in a separate fee agreement. We will also confirm if VAT is payable.
There may be other costs, including taxes, that are payable through other parties (such as the product provider) that we may not be party to. Such charges are normally disclosed in relevant documentation. The method of payment for services provided is contained in the Fee Agreement.

Non-investment services

We do charge a fee for advising on and arranging transactions. We are paid before confirming the consultation schedule with the customer. During or after the consultation you will receive an illustration which will tell you about any other fees relating to any particular transaction. Our consultation fee ranges between US$200.00 & US$1550.00 per hour.

Place of performance

The place of performance for all office services is the headquarters of Sorabia.

Confidentiality

a) Sorabia is obliged to keep all information provided by the client confidential.
b) Sorabia is also obliged to keep its planning activities confidential if and as long as the client has a legitimate interest in this confidentiality. After the order has been carried out, Sorabia is entitled to publish the work that is the subject of the contract in whole or in part for advertising purposes, unless otherwise contractually agreed.

Protection

a) Sorabia reserves all rights and benefits to the documents it has created (in particular plans, brochures, technical documents, calculations, simulations).
b) Any use (in particular editing, execution, duplication, distribution, public demonstration, making available) of the documents or parts thereof is only permitted with the express consent of Sorabia. All documents may therefore only be used for the purposes expressly specified when the order was placed or by a subsequent agreement.
c) Sorabia is entitled, the client is obliged to state the name (company, business name) of Sorabia in publications and announcements about the project.
d) In the event of a violation of these provisions for the protection of the documents, Sorabia is entitled to a penalty in the amount of twice the reasonable fee for unauthorized use, with the right to assert any further claims for damages. This penalty is not subject to judicial moderation. The burden of proof that the client has not used the documents of Sorabia rests with the client.

Choice of law, place of jurisdiction

a) Unless otherwise specified, only laws of Switzerland apply to contracts between the client and Sorabia.
b) For all disputes arising from this contract, the jurisdiction of the competent court at the registered office of Sorabia is agreed.

Client Identity Verification

In order to comply with the Money Laundering Regulations, we are required to verify the identity and place of residence of all clients. We also request that you inform us as to the source of investment funds. This process will require sight of certain documentation, and we do not take responsibility for any delay in investing where we are awaiting such verification. In the event that you are unable to provide verification documents to us in a timely manner after we have received completed application forms, the application(s) and any monies may be returned to you un-invested. If false or inaccurate information is provided and we suspect fraud or money laundering we will report this.

Termination for Non-Performance

Delayed contract execution by more than 10 working days and failure to comply with Sorabia's Terms of Service shall constitute grounds for termination. Agreements may be terminated by Sorabia following written notice to the other party. Such notice must be emailed to the client.

Default Penalty

Clients can exit an agreement without additional penalties, risk of liability or pursuits, by paying a default penalty 5.000 or 0.80% of the concerned transaction's face value, if 0.80% of the concerned transaction's face value amounts to more than 5.000 euro. Upon receipt of the payment, we will issue a letter of indemnity to the ex-client.

Debt Collection

If you still have not paid the total amount payable for any bill after we send you a warning, we will refer your debt to a debt collection agency, and if we do so you must pay any costs that we incur in connection with the recovery of the unpaid bill (including the agency’s fees and any legal fees). We will not refer your debt to a debt collection agency if we have agreed to a default penalty or installment plan contemplated in our contracts and you make your payments.