Legal
Terms & Privacy
General Terms & Conditions
1. Scope and subject matter of the contract
These General Terms and Conditions (hereinafter "Terms") apply to all contracts, services and mandates in the field of family office management as well as private household organisation rendered by Baur – ACM Consulting (hereinafter "ACM"), represented by Manuel Baur. By engaging ACM or making use of its services, the client accepts these Terms in full.
The services in particular comprise the following areas of activity, in this order of priority:
- Facility Management & property care: continuous monitoring and value retention of properties, coordination of specialised systems (e.g. alarm systems, water treatment, irrigation systems) as well as the operational control, oversight and billing of external trades.
- Finance & administration: structuring of private financial matters, management of administrative processes, control and preparation of invoices for online banking, preparatory bookkeeping (posting of receipts and credit-card statements) and discreet deadline and contract management.
- Owner representation for renovation and conversion projects: independent and loyal representation of owners' interests on new builds, renovations and conversions, close project management in cooperation with architects, and strict budget and quote control.
- Fleet management: as a subordinate ancillary service, we support the administrative coordination of vehicle fleets (service coordination, registrations) as well as selected logistical journeys.
The precise scope of the services to be rendered, deadlines and remuneration are set out in each case in an individual offer or a separate written agreement (service agreement).
2. Conclusion of the contract
ACM's offers are non-binding and subject to change. They serve as information and do not yet constitute a binding contractual offer.
A contract is formed when the client accepts a written or electronic offer from ACM or makes use of a service provided by ACM.
For complex or long-term mandates, a detailed service agreement is concluded which specifically governs all relevant aspects such as scope of services, schedule, costs and payment terms.
3. Services of ACM Consulting
ACM renders the agreed services with the utmost care, discretion, and to the best of its knowledge and belief in the client's interest.
ACM places particular emphasis on developing bespoke, autonomous solutions that meet the client's individual and private needs.
If, in the course of the cooperation, further tasks or administrative activities arise which are not explicitly listed in the original agreement, these can also be assumed by ACM following prior personal consultation (and, where applicable, against additional remuneration).
4. Obligations of the client
Duty to cooperate: The client is obliged to provide ACM, in good time, in full and truthfully, with all information, documents, records, powers of attorney and access (e.g. to properties) necessary for the proper performance of the services.
Delays or damages arising from inadequate or late cooperation by the client are borne entirely by the client.
Timely payment: The client undertakes to pay the agreed remuneration on time in accordance with the conditions set out in the service agreement or offer.
5. Remuneration and payment terms
Prices for the services are set out in the relevant offer or service agreement. All prices are quoted in Swiss Francs (CHF).
Unless otherwise agreed, ACM's invoices are to be paid within the period stated on the invoice.
Disbursements and expenses (e.g. travel costs, materials for repairs, fees for external service providers or trades) are not included in the regular remuneration and are billed separately based on actual outlay.
6. Term, termination and cancellation
The term of the agreement is governed by the conditions set out in the service agreement (fixed term or open-ended).
In the absence of a specific provision, an open-ended agreement may be terminated by either party in writing subject to a notice period of one month to the end of the month. The right to terminate without notice for good cause remains unaffected.
Should operational cancellations, short-notice rescheduling or withdrawals from assignments by the client become necessary, this must be discussed personally with Manuel Baur. Any cancellation fees or refunds will be discussed in a personal conversation and decided on a case-by-case basis.
7. Liability
ACM is liable exclusively for damages attributable to intent or gross negligence on the part of ACM. Liability for slight negligence is, to the extent permitted by law, excluded in full.
Liability for indirect damages, consequential damages, lost profits or damages arising from the coordination of third-party contractors (e.g. trades or specialist firms commissioned by ACM) is excluded. When coordinating third parties, ACM acts purely as a representative of the client; the contract is concluded directly between the client and the third-party contractor.
Liability is in any case limited to the amount of the fee agreed for the specific mandate.
8. Confidentiality and discretion
ACM undertakes to treat all information, business and private matters as well as internal family affairs that become known in the course of the cooperation with the client and are not publicly accessible with absolute confidentiality and the utmost discretion. This obligation continues in full force even after the end of the contractual relationship.
9. Intellectual property
All concepts, organisational strategies, administrative documents and other work products developed by ACM in the course of rendering its services remain, unless expressly agreed otherwise in writing, the intellectual property of ACM.
10. Changes to these terms
ACM reserves the right to amend and modify these Terms at any time. The amended Terms will be communicated to the client in writing or in text form and are deemed accepted if the client does not object in writing within four weeks of notification.
11. Applicable law and jurisdiction
Swiss law applies exclusively to all legal relationships arising from this agreement. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Muri AG, Canton of Aargau, Switzerland.
Privacy Policy (FADP)
1. Responsible entity
The entity responsible for the data processing carried out within this business relationship under the Swiss Federal Act on Data Protection (FADP) is:
Baur – ACM Consulting
Manuel Baur
Paradiesweg 8
5630 Muri AG
Switzerland
Email: office@acm-consulting.ch
Telephone: +41 79 102 12 66
2. Collection and processing of personal data
We collect and process our clients' personal data only to the extent necessary for the provision of our family office management services, the performance of the agreement, and communication. In line with our core competencies, this in particular includes:
- Property and object data: information on the properties we look after for you, technical documentation of specialised systems, contracts and invoices from external trades.
- Financial and administrative data: bank details, invoice data, receipts, credit-card statements, tax documents and other administrative documents handed over to us for processing.
- Owner representation and project data: plans, construction quotes, architect correspondence and budget overviews in the context of renovation and conversion projects.
- Fleet and mobility data: within a subordinate scope, number plates, service documents, registrations and insurance data of vehicle fleets.
- Master and contact data: surname, first name, residential address, email address, telephone numbers.
- Technical website data: IP address, log files and access data when visiting our website.
3. Purpose of data processing
Your data is processed exclusively for the following purposes:
- Contract initiation and performance: to handle your enquiries, prepare offers, perform service agreements in the areas of property care, administration, owner representation and fleet coordination, and to relieve you of your private matters.
- Communication: to remain in secure contact with you, answer enquiries and keep you continuously informed of the status of your projects and properties.
- Bookkeeping and administration: for the proper handling of financial transactions, the provision of statements, and compliance with statutory bookkeeping obligations.
- Compliance with legal obligations: insofar as this is required to comply with legal requirements (e.g. tax obligations).
4. Disclosure to third parties
Your personal data is treated in strict confidence. Disclosure to third parties only takes place where this is strictly necessary for the performance of the mandate or required by law:
- For contract performance: disclosure of the necessary data to external trades, architects or specialist firms in the context of property care as well as renovation and conversion projects; disclosure to authorities, insurers or financial institutions for the handling of administrative, vehicle-related or tax-related processes on behalf of the client. In these cases, only the strictly necessary data is disclosed.
- To service providers: IT infrastructure service providers (e.g. hosting partners for the website), who are contractually bound by our data protection requirements and the duty of confidentiality.
- Due to legal obligation: where we are required by court order or statutory provisions to disclose data to government authorities.
5. Data security
We deploy comprehensive technical and organisational security measures, in line with the current state of the art, to protect your personal data from unauthorised access, misuse, loss, destruction or alteration. Given the sensitivity of family office data, confidentiality is our top priority.
6. Retention period
Your personal data is stored only for as long as is necessary for the fulfilment of the contractual purposes or as required by statutory retention periods (e.g. the commercial and tax retention obligation of 10 years for bookkeeping records and contracts in Switzerland).
7. Your rights
Under the Swiss Federal Act on Data Protection (FADP), you have the right at any time to information, to the correction of inaccurate or incomplete data, to restriction of processing, to deletion of your data (insofar as no statutory retention obligation stands in the way), and to data portability.
To exercise these rights, you may contact us informally at any time by email at office@acm-consulting.ch.