Scope and subject of the General Terms and Conditions of Business:
The general terms and conditions (GTC) of embp consulting GmbH are an integral part of all services, offers and products that embp consulting GmbH provides for its contractual partners (hereinafter referred to as "clients"). Deviating regulations are only valid if they have been expressly and without exception agreed in writing between embp consulting GmbH and the client. Special or general contractual conditions contradicting these GTC will not be accepted by embp consulting GmbH and will not be valid in the relationship between embp consulting GmbH and the client.
Conclusion of contract
The contract between the client and embp consulting GmbH comes about through acceptance of the offer, online registration, placing of an order or through an individual contract. The content and scope of services result from the present terms and conditions or from the cases mentioned above.
Services from embp consulting GmbH
Embp consulting GmbH provides the services offered and carries them out carefully to the best of its ability. Embp consulting GmbH has the right at any time to change the type, scope, price, terms and conditions and channels of the services provided by embp consulting GmbH and to refuse its services completely and without replacement in the event of default in payment or other breaches of duty. Unless otherwise agreed in writing, prices are in Swiss Francs (CHF) plus the statutory VAT. The list prices valid on the day the contract is concluded or the prices, expenses and other costs agreed in the offer are used for calculation.
Client responsibilities
The clients undertake to pay the agreed fee. The clients are obliged to take all precautions so that embp consulting GmbH can provide its services to the client. Depending on the circumstances, this includes the provision of suitable information and documents for embp consulting GmbH. Furthermore, the clients commit themselves to cooperative and supportive cooperation.
Cancellation and withdrawal
The following applies to clients with an individual contract:
Withdrawal from individual sessions is possible free of charge up to 72 hours before the agreed date. If the agreed date falls on a Monday, the withdrawal must be reported to embp consulting GmbH no later than the previous Wednesday, 12 noon. If there is no or a delayed cancellation, the client has to pay the agreed fee in full. Embp consulting GmbH has the right to cancel the individual sessions at short notice at any time, without any obligation to compensation, reduction or replacement.
The following applies to clients (especially corporate and organizational custmers) with an offer:
The following cancellation conditions apply to workshops, seminars, lectures or other services:
Up to 60 days before the start of the order: 30% of the agreed fee
Up to 30 days before the start of the order: 50% of the agreed fee
Up to 14 days before the start of the order: 100% of the agreed fee
Embp consulting GmbH has the right to cancel offers or to change the place of execution at any time.
The following applies to the workshops of individual customers:
Up to 60 days before the start of the order 30% of the agreed course fee
Up to 30 days before the start of the order 100% of the agreed course fee
Embp consulting GmbH has the right to cancel offers or to change the place of execution at any time.
The following applies to all types of service provision and contractual relationships:
Embp consulting GmbH is entitled, in the event of violations of the verbal and / or written agreements or legal regulations - also for such violations which only arise in a rudimentary manner - by the client to cancel all contractual agreements between the parties with immediate effect. The clients have to pay embp consulting GmbH for all damages resulting from such an event.
Force majeure
If the timely fulfillment by embp consulting GmbH, its suppliers or third parties involved is due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes , Nuclear accidents resp. If reactor damage, epidemics and pandemics are impossible, embp consulting GmbH is released from fulfilling the obligations concerned for the duration of the force majeure as well as an appropriate start-up period - of at least 180 days after the end of this period. If the force majeure lasts longer than 30 days, embp consulting GmbH can withdraw from the contract at no cost. Embp consulting GmbH does not have to reimburse the client for any remuneration already paid. Any further claims, in particular claims for damages as a result of vis major, are excluded.
Guarantee
Embp consulting GmbH does not accept any liability for the result / goal to be achieved. It only guarantees that the promised services are provided in accordance with the standard of care customary in the industry. Any warranty is completely excluded.
Liability
For the statements and information in advertisements, brochures, advertisements, offers, shared links, online content, etc. embp consulting GmbH assumes no liability. Embp consulting GmbH rejects any liability that could arise in connection with the provision of its services to the client, provided that it is a matter of slightly or moderately negligent breaches of duty of care.
Insurance
Any insurance (illness, accident, liability, etc.) is the responsibility of the client and contractual partner. Embp consulting GmbH rejects any liability. The client is fully liable for any damage and claims that arise or could apply to participants and persons authorized by these parties. Embp consulting GmbH has the full right to assert and enforce its claims against clients and clients
Embp consulting GmbH is only liable for deliberate or grossly negligent demonstrable damage to the client. This has to be proven by the client. Liability for consequential and indirect damage is excluded in any case. Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damage is limited to the sales price of the service concerned. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The client is obliged to report any damage to embp consulting GmbH immediately. Any liability for auxiliary persons is limited to the same extent.
Intellectual property rights
Any content of its services made available by embp consulting GmbH and all of the natural persons and legal entities commissioned by it or in the contractual relationship are protected by copyright. The use and payment of the services, results, products, etc. by the client do not result in the transfer of intellectual property rights.
Embp consulting GmbH only grants the client the limited usage rights of the developed concept or the service, result, product provided. Any further use or disclosure to third parties requires prior written approval from embp consulting GmbH. Violations will result in a penalty of CHF 50,000 per individual case. Further compensation claims by embp consulting GmbH against the client resulting from the violation of copyright remain unaffected.
Data privacy
The processing of personal data takes place in accordance with the requirements of the Data Protection Act. By accepting the agreement, contracts and / or online registration, the client agrees that embp consulting GmbH can save and use the data (personal data, courses booked, payment practices etc.) for administration, marketing, advertising etc. Address details can be provided within the framework of the organization, e.g. as a list of participants. These usage rights continue to exist after the termination of the contract. Address details can also be passed on in the course of further operation (e.g. orders). The clients have the right to reject advertising from embp consulting GmbH at any time. The clients declare that they agree that embp consulting GmbH may use photos or videos and their surnames and first names on the internet and in particular on social media for the duration of the agreement and for ten years in the rooms used by embp consulting GmbH and at events in addition, may use it as desired and free of charge.
The client fully agrees to the storage and use of his data by embp consulting GmbH.
Embp consulting GmbH takes reasonable measures to protect the data stored with it. Access to stored data by third parties at embp consulting GmbH or a contractual partner of embp consulting GmbH does not result in liability for embp consulting GmbH and its contractual partners.
Nondisclosure Statement
The parties agree that in the context of the performance of the service, all information, in particular the concepts, approaches and conditions that have been developed, will be kept confidential. The clients are obliged to take all measures to protect this data from unauthorized persons. This also beyond the duration of the contractual relationship.
Invoicing, terms of payment and default
The clients are obliged to pay all invoices in full. The clients undertake to pay the amount owed within 30 days at the latest after the electronic delivery of the invoice. If the clients do not meet their payment obligation within the payment period, they will be in default at the end of this period without a reminder. The default interest is 5%. The clients agree to the paperless invoicing without replacement and fully accept possible risks that arise from the form of electronic data transmission.
Severability clause
Should a provision of these terms and conditions be or become invalid, the remaining provisions remain unaffected. The ineffective provision shall be replaced by a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes.
Applicable law, place of jurisdiction
Embp consulting GmbH is subject to Swiss law. Unless mandatory statutory provisions apply, the court at the headquarters of embp consulting GmbH is responsible.
Changes are expressly reserved and are possible at any time.
© embp consulting GmbH, 1 August 2020