The following terms govern the use of HypoPlus AG mortgage brokerage services by private individuals (users). Headquartered in Zurich, Switzerland, HypoPlus AG is an affiliated company of comparis.ch AG (comparis.ch) and its services include mortgage advice and brokerage. The services are provided under the brand “HypoPlus” or “HypoPlus – The Mortgage Partner of Comparis”, with HypoPlus AG (HypoPlus) being the legal entity.
HypoPlus services
The personal situation analysis and strategy discussion is free of charge for the applicant. The subsequent consulting services cost the applicant a one-off consultation fee of CHF 250 excl. VAT: discussion/recommendation related to the mortgage model and the supplier’s products; hedonic property valuation (provided that we have a complete dossier); assessment of sustainable affordability as well as determination of the savings potential taking into account tax aspects (no tax advice); preparation of the mortgage dossier; obtaining, negotiating and comparing mortgage offers; mediation of the mortgage contract and support during the entire process and the term incl. extension, renovation and acquisition of further properties.
The services provided by HypoPlus consist of the validation of customer needs, advice regarding the mortgage offers available via HypoPlus and the brokering of such, including the submission of financing requests by the user to the available providers of mortgages selected thereby (the providers).
Mortgage applications can be accepted only for properties within the borders of Switzerland, and only by the owners or authorized persons of these properties themselves. However, HypoPlus cannot guarantee that one or more providers will be prepared to make an offer for financing for all properties for which financing is sought. There is no entitlement to receive an offer.
As part of the service, HypoPlus makes the user’s financing request available to the providers available at HypoPlus who have been selected by the user, and invites them to submit offers. For this purpose, HypoPlus discloses the user’s information to the providers and passes on the user’s request for financing. HypoPlus has normally provided its services under this contract.
An examination of the financing application only takes place from a formal point of view, but there is no material examination and in particular no examination of creditworthiness and credit capacity (affordability). The further processing of the financing request is the responsibility of the affiliated providers; once their offers have been forwarded to the user, all further contact between the providers and the user is usually direct. However, communication between the provider and HypoPlus regarding a user’s mortgage business is possible at any time. Any mortgage agreements are concluded exclusively between the user and the provider. Offers are time-limited. HypoPlus is not responsible for these offers, their correctness, continued applicability, appropriateness or market conformity, nor does HypoPlus check such offers or provide any guarantees in respect of them. Any questions should be directed to the relevant provider. In some cases, a provider may require further details or documentation or impose other conditions for the completion of a mortgage contract.
HypoPlus creates and operates the service and its further offering at its own discretion and may change the service, processes and contractual terms, or suspend its offering, at any time.
Remuneration of HypoPlus
In the event of successful mediation of an offer from a provider approved by the applicant, the applicant agrees to either accept the offer or otherwise to pay administrative fees of CHF 2,000 (excl. VAT). These administrative fees cover costs related to providing the services promised, including third-party fees such as land register and/or debt collection statements. This also applies in the event of a revocation of this authorization for the administrative fee and for the consultation fee. There is no guarantee of the comprehensiveness of the scope of services.
Users take note of and agree to the fact that HypoPlus receives compensation from the suppliers to which HypoPlus submits users’ financing requests and may use this compensation for its own purposes. This compensation amounts to 0.1% to a maximum of 2.0% of the mortgage volume and constitutes a component of the financing of HypoPlus’ services. The user waives the challenge of this compensation, even if it is legally a commission, and allows HypoPlus to adjust its agreements with the providers as desired.
Data processing, data protection
With regards to the user’s data, the HypoPlus Data Privacy Statement valid at the time of the conclusion of this agreement shall be deemed to have been agreed between the user and HypoPlus. It also governs the transmission and exchange of data to the providers and comparis.ch.
Recording of telephone calls
Consultations with HypoPlus provided by telephone may be recorded and archived. In the event of a dispute, the recordings can be used as evidence and, if necessary, presented as evidence in court. In addition, selected recordings may be used for training purposes.
FinSA
HypoPlus does not arrange any loans to finance transactions with financial instruments within the meaning of Art. 3 lit. a FinSA. HypoPlus therefore does not provide financial services within the meaning of Art. 3 lit. c FinSA and is not bound by the regulatory requirements for financial service providers set out in this decree.
No binding offer
The information published by HypoPlus is non-binding and in particular does not constitute an offer for financing, neither by HypoPlus nor by the aforementioned providers. The information is neither a recommendation nor a request to conclude a mortgage or other transaction. There are risks involved in taking out a mortgage. The financial burden of taking out a mortgage can both decrease and increase. Financial charges incurred in the past are not a guarantee of future financial charges. HypoPlus does not offer any advice in this regard.
Copyright/use of the website
All information and content published under the internet address www.hypoplus.ch, in relation to HypoPlus on www.comparis.ch or otherwise by HypoPlus online, in particular the price and comparison service for mortgages, as well as the associated presentations, designs and software are protected by copyright; the rights thereto belong to HypoPlus and comparis.ch. HypoPlus and comparis.ch expressly reserve all rights in this regard. No rights regarding software or other elements of the content of the Internet addresses www.hypoplus.ch or www.comparis.ch or available otherwise via services of HypoPlus will be transferred to yourself by copying, using or downloading information. This also applies to the names HYPOPLUS or COMPARIS, which are registered trademarks.
HypoPlus must give its consent to all commercial use of the services and other offers and contents of HypoPlus. “Commercial use” refers in particular to the offering of advisory services based on HypoPlus comparisons. Permission for commercial use may be obtained by e-mailing info@hypoplus.ch. As regards comparis.ch, the respective terms of comparis.ch apply.
Users commit themselves not to utilize information provided by HypoPlus in any shape or form for anything other than the original purpose. In particular, users will refrain from copying, publishing or otherwise reproducing accessible data in any form, including online.
Links to HypoPlus services are explicitly permitted, as long as it remains clear that HypoPlus (or comparis.ch) is the service provider. HypoPlus reserves the right to take legal action against any breach of these Terms of Use.
No assumption of guarantees by HypoPlus
HypoPlus makes every effort to ensure that all of the information it presents is up to date and accurate. However, HypoPlus offers no explicit or implicit assurance or guarantee that the information is correct, reliable or complete. HypoPlus expressly reserves the right to change the published information at any time and to deny public access to its information.
HypoPlus also excludes any and all other guarantees with respect to its offerings, work results and services. HypoPlus does not guarantee that these will be available without interruption, for a certain period of time, or in a particular manner. Users use HypoPlus services and offers, and the information they contain, at their own risk. This also applies to the services provided by the individual suppliers.
Other websites can be reached from the HypoPlus website via links inserted by HypoPlus. HypoPlus cannot assume any guarantee or liability for these websites and their content.
Correctness of the information, correction, misuse
The user warrants and confirms that the information provided on the request form is correct and that they have completed the request form on their own behalf as opposed to a third party. To the extent that the user has entered or disclosed third party data on the request form, they warrant and are responsible for obtaining the necessary approval, including approval of these terms of use prior to completing the form. In the case of misuse, the user shall fully reimburse HypoPlus for its expenses and any third-party claims.
No liability
HypoPlus excludes any liability to the extent permitted, including in the case of negligence. In particular, HypoPlus is not liable for any vicarious agents, direct or indirect damage (including subsequent damage), loss of data or delays. This also applies in cases in which the possibility of such damage or loss has been indicated to HypoPlus.
Further points
HypoPlus may amend these Terms of Use at any time without stating its reasons. Where still relevant to current contracts, HypoPlus will communicate such changes to users in a suitable manner at least 20 days in advance. Where no objections are lodged within the specified period, the user is deemed to have accepted the changes. HypoPlus may otherwise terminate the agreement for cause. Any and all other amendments to or agreements deviating from these Terms of Use must be made in writing. These terms of use and the legal relationship between the user and HypoPlus are exclusively subject to Swiss law. To the extent permitted, the exclusive place of jurisdiction is the registered head office of HypoPlus in Zurich, Switzerland. However, HypoPlus may also take action against the user before the courts at the latter’s place of residence.
Zurich, 27 September 2023