Terms and Conditions for Savings Participation

1. Scope

These terms and conditions govern the performance-based savings participation between P-Swiss AG, Baarerstrasse 11, 6300 Zug, and the customer. They apply when the customer uses a condition analysis or comparative offer mediated by P-Swiss AG for re-negotiation with their previous payment service provider.

2. Free Analysis and Freedom of Choice

The initial analysis of the submitted billing statement is free of charge and non-binding. The customer decides freely whether to switch to a solution mediated by P-Swiss AG or remain with their previous provider. In the event of a direct switch, the customer incurs no costs from this savings participation.

3. Savings Participation in Case of Re-negotiation

If the customer uses a comparative offer mediated by P-Swiss AG to renegotiate with a previous provider, remains with that provider and demonstrably obtains better comparable terms, the savings participation is 50% of the documented net savings for five consecutive twelve-month billing periods from the effective date of the improved terms.

4. Calculation and Proof

The savings correspond to the difference between the comparable payment processing costs actually paid before the re-negotiation and those actually paid thereafter. Decisive factors include, in particular, transaction fees, monthly base and terminal costs, as well as other recurring fees, insofar as they are comparable. One-time, non-recurring costs are only taken into account if agreed upon in writing.

The customer shall make the billing statements and condition documents required for the calculation available to P-Swiss AG upon request before and after renegotiation and throughout the five-year remuneration period.

5. Information, Cooperation, and Disclosure

The customer undertakes to make available to P-Swiss AG in full, upon reasoned written request within 14 days, the contract, condition, billing, and correspondence documents of the previous and current payment service provider required for verifying the savings participation. This applies in particular if the customer remains with their previous provider after receiving an offer mediated by P-Swiss AG and obtains modified conditions there.

The customer authorizes P-Swiss AG to request the necessary documents exclusively for the purpose of verifying and enforcing any potential savings participation from the previous or current payment service provider, to the extent legally permissible. To the extent that a provider requires a separate release from confidentiality or an additional power of attorney, the customer shall grant such upon request without delay and at the latest within 10 days.

If proof remains disputed despite such cooperation or if documents are not submitted in a timely manner, P-Swiss AG may request the disclosure and evidence collection required for claim verification within the framework of judicial proceedings. This consent does not replace a mandatory court order and does not establish direct access to data of a payment service provider.

6. Billing and Payment

For each completed calendar quarter, the customer submits a comprehensible statement with the required supporting documents by the 20th calendar day of the following quarter. P-Swiss AG then invoices the quarterly savings participation; invoices are payable within 30 days without deduction. A yearly reconciliation using complete annual statements is performed, and corrections are offset against the next quarterly statement.

7. No Success Fee Without Savings

Without proven, actually realized savings, no savings participation is incurred. The information in the IC++ calculator and in other model calculations are non-binding examples and do not constitute a price guarantee.

8. Applicable Law and Contact

Swiss law applies. For questions regarding these terms and conditions or the calculation, P-Swiss AG is available at info@p-swiss.ch or +41 44 225 95 00.