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General Terms and Conditions

1. scope of application

These General Terms and Conditions ("GTC") apply to all business areas of Mindtrain GmbH, Poststrasse 14, 8868 Oberurnen (hereinafter "Company"). The Company provides paid services in the field of mentoring / coaching, organisational and cultural development as well as training / further education.

 

2. offers

The offers of Mindtrain GmbH are generally valid for 30 days, relevant is the validity date on the offer. The scope of the services offered is shown in the offer.

 

3. conclusion of contract

The conclusion of the contract is effected by the acceptance of the offer of the company by the customer.

 

4. prices

Unless otherwise stated in the offer, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).

Prices are exclusive of any other applicable taxes.

The company reserves the right to change prices at any time. The prices valid and offered to the customer at the time of the conclusion of the contract shall apply.

 

5. Payment

The customer is obliged to pay the invoiced amount within 30 days of the invoice date.

If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not pay the invoice within the set reminder period, he is automatically in default. From the time of default, the customer shall owe interest on arrears at the rate of 5%.

The Company reserves the right to demand payment in advance at any time without giving reasons.

The Company shall be entitled to refuse to provide the service, deliver the product or grant the licence in the event of default in payment.

 

 

6. Copyright

All documents, documentation, instruments and tools used are the intellectual property of the Company and are protected by copyright. They may only be used within the scope of the agreed service provision or with the consent of the Company.

If the documents are created in a format that restricts the Client's rights of use, this is the Company's intention and reformatting is not permitted.

 

7. obligations of the company

7.1 Provision of Services

Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service. The service includes the services defined in the offer.

 

7.2 Partners / Auxiliaries

The Company has the express right to call in partners / auxiliary persons from its network to perform its contractual duties. These shall be explicitly listed in the offer.

8. Obligations of the customer

8.1 Acceptance of the General Terms and Conditions

With the acceptance of the offer, the General Terms and Conditions are also accepted. By accepting these General Terms and Conditions, the customer confirms that he has unlimited capacity to act.

 

8.2 Precautions by the customer

The Client shall immediately make all arrangements agreed in the Quotation which are necessary for the Company to provide the Service. The Client shall make the arrangements at the agreed place, at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of suitable information and documents to the Company.

 

8.3 Duties to cooperate

The Client is obliged to cooperate fully and promptly, provided this is stated in the offer. He shall hand over to the Company all documents required in connection with the provision of the service without being asked to do so, in full and with the correct content. The Company assumes that the information and documents supplied are correct and complete and comply with the legal obligations to cooperate and provide information. The Company shall only be responsible for checking the correctness and regularity of the Client's information, documents and figures if this has been agreed in writing in advance.

 

9. Cancellation

9.1 Cancellation of services

Both parties have the right to withdraw from the contract at any time. The withdrawing party shall fully compensate the other party for any expenses already incurred. Cancellation at inopportune times is not permitted.

The following rates apply in principle:

Cancellation by the client

Cancellation before 40 days without costs.

Costs for cancellation 40 days or more in advance: 50%. Any preparatory work already carried out will be invoiced at cost.

Cancellation 2 weeks in advance: 100% of the quoted amount.

In case of cancellation by the company

Payments already made (on account) will be refunded. No further claims can be made.

 

9.2 Postponement of services

Postponements of services within 3 months from the defined date are possible free of charge. From the 4th month onwards, a surcharge of 10% will be invoiced.

 

10. Data protection

The Company may process and use the data recorded within the framework of the conclusion of the contract for the purpose of fulfilling the obligations arising from the contract. The Company shall take the measures required to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes as well as pass them on to its partners for advertising purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners or other third parties.

Furthermore, the data protection regulations apply.

 

11. amendments
These General Terms and Conditions may be amended by the Company at any time.
The new version shall come into force by publication on the Company's website.

In principle, the version of the GTC in force at the time of the conclusion of the contract shall apply to the Client. Unless the client has agreed to a newer version of the GTC.

12. Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which further specify the provisions of these GTC shall take precedence over these GTC.

 

13. Mediation clause

In the event of disputes, differences of opinion or claims arising from these GTC's and contracts between the company and the customer, mediation (in accordance with the guidelines of the Swiss Chamber of Business Mediation) shall be carried out first. The filing of an ordinary lawsuit shall be waived until the mediation has been completed.

The seat of the mediation proceedings is in Switzerland. The parties shall jointly appoint a mediator.

The language of the mediation is normally German. For exceptions, both parties must agree.

 

14. Severability Clause

Should any provision of this contract or any annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.

 

15. Confidentiality

Both parties, as well as their auxiliary persons, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.

 

16. Force majeure

If the timely performance by the Company, its suppliers or third parties called in is made impossible as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, pandemics, the Company shall be released from the performance of the obligations concerned for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 90 days, the parties may withdraw from the contract. The Company shall refund to the Client in full any remuneration already paid, provided that no service has yet been rendered. The Client shall owe the Company any expenses already incurred.

Any further claims, in particular claims for damages as a result of vis major are excluded.

 

17. Applicable law / place of jurisdiction

These GTC are subject to Swiss law. Insofar as there are no mandatory legal provisions, the court at the registered office of the company shall have jurisdiction (Glarus).

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