MandateXX AG, post code / town, issues Advantis Versicherungsberatung AG an insurance broker mandate with the following scope:
- For the entire insurance portfolio, including occupational pensions and including subsidiaries.
The scope of activity of Advantis Versicherungsberatung AG shall comprise:
- Risk and insurance analysis, including the risk policy, determining the need for insurance and creating risk financing concepts
- Optimising/reviewing the insurance portfolio
- Gathering the necessary information from risk carriers (insurance companies)
- Obtaining offers and managing negotiations with risk carriers
- Carrying out initial placements and reallocations as well as terminating insurance contracts after consulting with the client
- Managing the policy portfolio and consulting on insurance and risk management matters
- Ongoing support for insurance-related questions.
- Actuarial support in the event of a claim (without legal representation)
From a legal perspective, the client shall remain the policyholder with all rights and obligations (e.g. recipient of damage compensation/premium payer).
Advantis Versicherungsberatung AG
General terms and conditions of business for insurance consulting (insurance broker mandate)
Advantis Versicherungsberatung AG (hereinafter referred to as "Advantis") is a registered, independent insurance consulting firm as defined by Art. 43 Abs. 1 of the Insurance Supervision Act (Versicherungsaufsichtsgesetz or VAG). Advantis is also a member of the SIBA (Swiss Insurance Broker Association).
2. Scope of application
These general terms and conditions of business shall apply to mandates between Advantis and its clients¹. They affect the services described in the insurance broker mandate, unless specifically agreed otherwise in writing
3. Scope and performance of services
The scope of the services is defined on the first page of this mandate. If the client wishes to increase the scope of the services during work in progress, the corresponding additional expenses shall be agreed with the client and invoiced separately. The execution of comprehensive risk studies in particular shall require a special agreement and is usually associated with a fee
4. Client's duty to provide information
The client shall be obliged to provide Advantis in good time with all materials necessary for fulfilling the mandate and to inform Advantis of all events and circumstances that may be relevant to the provision of the service (e.g. changes in risk).
Advantis shall be liable to the extent of the indemnification required by Finma (Swiss Financial Market Supervisory Authority) of registered, independent insurance consulting firms. The information provided by Advantis client advisors and specialists is based on long-standing experience as an insurance broker. It does not replace legal, investment or tax advice from lawyers, banks, tax experts, etc. or from any authorities in a specific individual case.
6. Professional secrecy with regard to third parties
Advantis shall be obliged to observe secrecy with regard to all confidential or not generally known and publicly available information which it obtains in connection with its activities on behalf of the client, regardless of whether this concerns the client or its business relationships, unless the client releases Advantis from professional secrecy.
Advantis may only provide reports, expert opinions and other written statements concerning the results of its work to third parties with the client's approval.
Advantis shall be authorised to process the data entrusted to it as part of the fulfilment of the mandate or to have it processed by risk carriers.
Advantis has cooperation agreements with all major insurance companies licensed in Switzerland (including health insurers and registered collective and common foundations) but is not legally, financially or otherwise tied to any insurance company as defined by Swiss insurance supervisory legislation
According to common practice in the insurance broker business, the client does not pay for the broker's activities. Insurance companies pay the standard market broker commissions (fees) directly to the broker. The fees can be viewed on the Advantis homepage under "Services/mandate – Risk carriers and brokerage fee". Advantis does not receive any additional volume, growth or claims-based compensation (contingent commission) from insurers. In general, separate compensation agreements and service level agreements shall take precedence over these GTC. Advantis shall agree separate fees with the client in advance for other additional services that are provided at the client's request. Revenue from insurance brokerage activities shall be exempt from value-added tax (Art. 21 (18) of the Value-Added Tax Act or MWSTG). Art. 404 of the Swiss Code of Obligations (Obligationenrecht or OR) shall apply to "untimely termination".
9. Termination of the contractual relationship
The insurance broker mandate may be terminated by either party with a notice period of three months. However, after a mandate period of three years, Advantis shall waive any potential claims arising from an expenditure surplus (Art. 404, para. 1 OR).
10. Severability clausel
Should one of the provisions of these General Terms and Conditions of Business be invalid, void or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
11. Applicable law and place of jurisdiction
All agreements and other legal relationships between the parties that are governed by these General Terms and Conditions of Business shall be subject to Swiss law, with the exception of potential treaties.
The place of jurisdiction for all potential disputes in connection with agree ments or other legal relationships between the parties that are subject to these General Terms and Conditions of Business shall be Zurich.
¹ For the purposes of simplicity, only the masculine form is used.