Terms and Conditions (version 13. January 2021)

1. Definitions

5MinuteLawyer: With 5MinuteLawyer a partnership consisting of David Billeter and David Nguyen is meant. In the future, it is intended to transform this partnership into a corporation (namely a limited liability company or a stock corporation). As soon as this is the case, this corporation as legal successor of the partnership will take over all rights and duties of the partnership and its partners.

T&C: The present Terms and Conditions

Mandate: The mandate from the client as principal to 5MinuteLawyer as agent to send a letter on behalf of the client to the client's landlord requesting a rent reduction.

Written: In addition to the legal definition valid in Switzerland, digital solutions, such as transmission by e-mail or via online forms, are also considered written.

Client: A person who has accepted the T&C.

2. Agreement

The T&C can be found on the webpage of 5MinuteLawyer. By completing and submitting the online form or otherwise entering into a legal relationship with 5MinuteLawyer, namely by requesting or using any service from 5MinuteLawyer, a user of the webpage agrees to the T&C. The T&C can also be accepted by other means, e.g. by e-mail or physical letter.

By accepting the T&C and submitting the documents and information required according to the online form, the client submits a request to 5MinuteLawyer to create a personalized letter for him, with which he can request a rent reduction from his landlord. After receipt of the personalized letter, the client also has the possibility to mandate 5MinuteLawyer to send a letter to the landlord on his behalf to ask for a rent reduction. Should the client make use of this possibility, he grants 5MinuteLawyer all necessary powers of attorney, which 5MinuteLawyer needs to deliver this letter in a legally valid form to the client’s landlord.

5MinuteLawyer reserves the right to accept or reject the client's request to conclude a mandate at its own discretion. 5MinuteLawyer can reject or not accept the application without giving reasons. The client's application remains valid until it is either rejected by 5MinuteLawyer or the client revokes it in writing.

3. Service of 5MinuteLawyer

5MinuteLawyer does not provide legal advice or legal representation. 5MinuteLawyer only assists the client in enforcing a claim for rent reduction by sending a personalized letter to the client and, if additionally requested by the client, 5MinuteLawyer sends a letter to the landlord on behalf of the client for rent reduction.

5MinuteLawyer only examines a client's claim for a rent reduction due to a decreased mortgage reference rate. Other claims are neither checked nor processed by 5MinuteLawyer. For the verification of the claim 5MinuteLawyer refers to the information provided by the client. If these are incomplete and/or do not correspond to the facts, this may lead to a wrong assessment of the claim. 5MinuteLawyer is entitled to supplement incomplete information provided by the customer at its own discretion (e.g. by making assumptions). 5MinuteLawyer cannot be held responsible in any case, whether the information provided by the client is correct or incorrect, for an incorrect assessment of the client's claim.

Once the client has completed the online form, 5MinuteLawyer has the right, but not the obligation, to clarify whether the client is entitled to a reduction of his rent and, if so, how much he is entitled to. If 5MinuteLawyer determines that there is a claim for a rent reduction, 5MinuteLawyer can create a personalized letter for the client with which he can assert his claim for a rent reduction. 5MinuteLawyer can also give the client the option that 5MinuteLawyer sends the landlord a letter for rent reduction in the name of the client. If the client makes use of this option, he makes an application to 5MinuteLawyer. If 5Minutelawyer accepts this application, the mandate is concluded. The mandate includes sending the letter to the landlord via e-mail (the letter is sent in the form of a PDF attached to the e-mail). 5MinuteLawyer does not send physical letters. 5MinuteLawyer will endeavor to send the letter on behalf of the client as soon as possible, i.e. usually immediately, but at the latest within 5 to 10 working days after acceptance of the mandate. Possible disadvantages for the client resulting from a later dispatch cannot lead to claims for damages against 5MinuteLawyer.

The mandate is exhausted in the dispatch of the letter by 5MinuteLawyer. The following correspondence is to be taken over by the customer. In particular, 5MinuteLawyer is not obligated to process and/or forward to the customer any responses that the landlord sends to 5MinuteLawyer.

4. Representations, duties and confirmations of the client

If the client instructs 5MinuteLawyer to send the letter to his landlord, he confirms that:

1. he is entitled to mandate 5MinuteLawyer in his own name and, if there are co-tenants and/or, in the case of a family apartment, a spouse or a registered partner, on behalf of any co-tenants and spouse or registered partner;

2. he is entitled to grant 5MinuteLawyer the powers of attorney necessary for the mandate in his own name and, if there are co-tenants and/or, in the case of a family apartment, a spouse or a registered partner, on behalf of any co-tenants and spouse or registered partner with the application;

The client acknowledges that 5MinuteLawyer does not provide legal advice or legal representation. He mandates 5MinuteLawyer at his own risk.

The client acknowledges that 5MinuteLawyer does not provide legal advice or legal representation. He mandates 5MinuteLawyer at his own risk.

The client acknowledges that 5MinuteLawyer's assessment of his entitlement to a rent reduction is based solely on the information provided by him. The client also acknowledges that 5MinuteLawyer, for practical reasons, only requires information from the client that is normally sufficient to make an assessment but cannot consider special cases. For this reason, in individual cases it may happen that 5MinuteLawyer's assessment is not correct despite the correctness of the information provided by the client. The client acknowledges that 5MinuteLawyer will not be held liable for any incorrect assessment. The client who wishes to have greater certainty regarding his entitlement to a rent reduction is advised to consult a rental law expert. Also, the client acknowledges that 5MinuteLawyer will send the reduction request via e-mail and does not provide any assurance that such e-mail will actually reach the client’s landlord.

The client acknowledges that 5Minutelawyer may store, process and use any information provided by the client to 5Minutelawyer in connection with the mandate.

5. Fees and payments

For sending the letter, 5MinuteLawyer charges a fee. The amount of the fee can be found on the webpage of 5MinuteLawyer and might be subject to change without notice.The payment of the fee is handled by a third party provider. The use is at your own risk. 5Minutelawyer cannot be held liable for acts or omissions of the third party provider, neither on a contractual nor on an extra-contractual basis (see also below: "Disclaimer"). The customer is advised to read the terms and conditions of the third party provider.

6. Disclaimer

Any liability of 5MinuteLawyer and possible auxiliary persons for damages of any kind (including losses, indirect and secondary damages, loss of profit and consequential damages) incurred by the client or third parties is excluded as far as legally permissible.

7. Final provisions

5MinuteLawyer may change the T&C at any time and without notice. Changes to the detriment of the client shall only apply to the client after he has agreed to the changed T&C.

Should any provision of the T&C be invalid or incomplete or should fulfilment be impossible, the validity of the remaining parts of the T&C shall not be affected.

Additions, amendments or the cancellation of provisions of the T&C are valid in writing and with the express consent of the parties. This also applies to this written form clause.

5MinuteLawyer is entitled to transfer rights and obligations from the legal relationship with the client to third parties without the client's consent.

The German version of the T&C shall prevail in the event of inconsistencies with other language versions.

Exclusive place of jurisdiction is Zurich. The T&C and the legal relationship between the parties are subject to Swiss law.