General Terms and Conditions (GTC) of Timepuls GmbH
Status: 01.01.2021
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1 Principles
The general terms and conditions regulate the contractual relationship between Timepuls GmbH and its customers. The customer's general terms and conditions are not valid, even if Timepuls GmbH does not explicitly contradict them. All offers and services of Timepuls GmbH are exclusively subject to these general terms and conditions.
The scope, content and nature of the services are specified in public service descriptions and in individual offers.
Timepuls GmbH offers services and consulting in the field of coaching, consulting as well as training for private persons, companies and institutions.
The procedure is designed individually. The counselling services to be considered are jointly determined by the person to be counseled, the counsellor and, if necessary, the client, and are continuously evaluated and adapted if necessary.
In cooperation with companies and institutions, the consulting process begins with an information and order discussion.
2 Offer and Order Agreement
The contractual partner of the customer is Timepuls GmbH, Baarerstrasse 110B, 6302 Zug, Switzerland.
Within the framework of the first consultation or order discussion, an estimate is given for the expected expenditure and, depending on the agreement, a cost framework or cost ceiling is defined.
The procedure can be adapted to the wishes and needs of the client at any time.
An order shall be deemed to have been placed if the order confirmation is made verbally or is submitted in writing.
On the basis of this order confirmation, Timepuls GmbH will work for the person to be consulted within the agreed scope of services and the expenses incurred will be settled or invoiced.
If, in the course of a consulting process, an additional effort compared to the estimate becomes apparent, Timepuls GmbH will inform about it and formulate an adjusted consulting assignment together with the client.
If the client does not object to the terms and conditions when placing the order, this shall be deemed to be a declaration of consent.
3 Billing
Within the scope of My-Next-Challenge.Coach, payment for services is made within 10 days of receipt of invoice. The invoice including the details for the payment process will be sent electronically via eMail after the service has been rendered. Payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grant Canal Dock, Dublin, Ireland. Further payment options on request.
For companies and institutions, the services provided by Timepuls GmbH can be rendered on a time and material basis according to the applicable hourly or flat rate for companies (see "4 and 5").
4 Chargeable Services
Consulting and coaching sessions inside/outside the office as well as online.
The hourly rate for online coaching under the name "My-Next-Challenge.Coach" is published on the website.
The hourly rate for consulting services for companies under the name "Timepuls GmbH" is determined individually with the client.
If desired, a flat fee can be agreed for a consulting mandate.
Processing time. This includes preparation and follow-up of consultations, workshops, seminars and the like.
Written documents. These include summaries, advisory reports, expert opinions.
Research and clarification on behalf of the client.
5 Expenses
The journey to and from the location will be charged at half the hourly rate.
Compensation per kilometer for travel without public transportation: CHF -.90
Rail travel: 1st class
Air travel from Switzerland: within Europe - Economy / outside Europe - Business
Overnight stay: 4* hotel - single room incl. half board
6 Terms of Payment
Consulting services for companies and institutions are usually invoiced on a monthly basis. The payment term is 30 days.
Services for private persons are usually invoiced after the after the service has been provided. The payment term is 10 days.
Reminder fees will be charged in the event of late payment. We charge CHF 10 for the first reminder and CHF 20 per letter from the second reminder onwards.
7 Settlement for Missed or Cancelled Online Coaching Appointments
Cancellations made at least 24 hours in advance will not be charged. For cancellations within 24 hours, Timepuls GmbH charges 100% of the planned assignment.
For missed consulting or coaching appointments without cancellation, Timepuls GmbH will charge for the scheduled assignment at the full rate.
8 Confidentiality
All consulting and coaching services are confidential and are subject to professional confidentiality, even towards a client if the client is not also the person to be consulted. Modalities of information towards a client will be agreed on a case-by-case basis between all persons involved.
The person to be advised may inspect the notes and documents prepared by the counsellor at any time. There is no right to the surrender of these documents.
A transfer of consulting results or implementation proposals to external bodies, clients, etc. only takes place with the written consent of the advised person.
9 Liability
Timepuls GmbH provides a service according to contract law and does not guarantee success. Furthermore, Timepuls GmbH rejects all liability claims within the scope of what is legally permissible. In any case, the liability of Timepuls GmbH is limited to the fee received from the customer. This also applies to the legal representatives and vicarious agents of Timepuls GmbH. Civil liability is excluded, as far as this is permissible according to the Swiss Code of Obligations.
The client bears the full risk of communication via the Internet, e-mail, etc..
10 Retention of Title, Copyright
Timepuls GmbH reserves the unrestricted property rights for all deliveries of materials until the complete fulfilment of all payment obligations by the customer.
If Timepuls GmbH creates copyrightable work (e.g. training documents, presentations, programming) for the customer, the customer is always granted - subject to the condition precedent of the complete fulfillment of all payment obligations by the customer - only a simple right of use for his own purposes without the rights to reproduction, distribution, processing or making available, unless otherwise stipulated in the contract or if the purpose of the contract clearly indicates otherwise.
The documents handed out or sent within the scope of training - no matter in which form - are subject to copyright protection and may - even in excerpts - only be reproduced, translated, reprinted, electronically processed, distributed or published with the express written consent of Timepuls GmbH and the respective instructors.
11 Insurance
Insurance is the sole responsibility of the participants. Timepuls GmbH neither owes nor offers insurance coverage.
12 Severability Clause, Final Statement
Should individual provisions of these terms and conditions be invalid or ineffective or the fulfilment become impossible, this shall not affect the validity of the remaining parts of the terms and conditions. In this case, the parties undertake to immediately replace the invalid, ineffective or impossible provision with a permissible, effective and possible agreement which, according to its content, comes closest to the original intention. The same applies in the event of a loophole in the contract.
Timepuls GmbH reserves the right to change these general terms and conditions at any time.
13 Applicable Law / Place of Jurisdiction
The place of jurisdiction is Zug ZG, Switzerland.
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