GENERAL TERMS AND CONDITIONS (GTC)

1. Scope and Validity

• The GTC are part of the written agreements made (e.g. offer, contract) and also apply to verbal orders.

• The General Terms and Conditions apply to all business transactions between EC and its customers. Deviations from these General Terms and Conditions must be agreed in writing in advance.

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2. Services

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2.1 Contract

• The contract between the client and EC can be validly concluded orally or in writing.

• It is customary for the customer to accept a written offer with the simultaneous declaration of acceptance of the purchase offer (order confirmation) by e-mail from EC.

 

2.2 Order Clarification

• Good cooperation requires a clear mandate. In a short and non-binding initial meeting, EC clarifies the respective expectations, goals and the scope of the possible assignment together with the interested party (corporate customer or representative or coachee) and, if required by the assignment constellation, with the superior of the client.

• This is followed by a mutual assessment as to whether a cooperation should be concluded.

 

2.4 Offer

• The offer includes the content and scope of the planned order, the detailed goals and all related services. Unless otherwise agreed, this will be sent by email.

• The hourly and daily rates vary depending on the effort and type of service and the total volume of the order.

• For trainings, workshops, seminars, lectures and other services, EC tailor-made a binding offer (including pre- and post-processing).

• Additional expenses that exceed a flat-rate offer and are requested by the customer are charged separately by EC at a previously defined hourly rate.

• All prices of the services do not include VAT (8.1%).

 

2.5 Scope of Services

• The scope of services is based on the order and is always based on the individual situation and the needs of the client.

• The services do not include the venue, food/drinks for the participants and travel expenses for the facilitator/coaches/speakers if the event is held in person outside of the city of Zurich.

• Expenses will be invoiced separately by EC in accordance with Section 2.7.

 

2.6 Duty of Care

• EC will perform all tasks with reasonable care.

• When providing the services, EC will act objectively, neutrally and on its own responsibility.

 

2.7 Expenses

• Additional expenses for third-party services that are created in connection with our work in consultation with the customer or client will be effectively charged.

• For meetings outside the city of Zurich, travel time is charged at an hourly rate of CHF 150. We charge half-fare tickets (1st class) for train journeys. In the case of locations that are difficult to access, the customer shall bear any additional costs incurred by taxi companies after prior written agreement (including email).

• All prices mentioned can be regulated individually.

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3. Cooperation and Confidentiality

 

3.1 Cooperation and Trust

Consulting services, coaching and training are carried out on the basis of the preparatory discussions or project processes held between the parties. They are based on cooperation and mutual trust.

 

3.2 Customer's Duty to Cooperate

• Consulting, coaching and training are free, active and self-responsible processes and certain successes are outside of EC's area of responsibility. EC supports the client as a process facilitator and supporter in decisions and changes - the actual change work is carried out by the customer. EC does not guarantee that any particular business result will be achieved as a result of its services.

• In the case of coaching, the client should be willing and open to dealing with himself and his/her situation. This requirement applies analogously to advice, services, training and trainer work for the client.

• The client is obliged to create the necessary basis for the proper execution of the contract, in particular to provide all data and documents relevant to the services of EC in good time and in full and to provide all necessary information. The customer guarantees that the documents provided by him and the information he has given in writing or verbally are correct and complete. EC only checks the data provided by the customer or third parties for plausibility.

• The customer is responsible for coordinating the services and other activities that are necessary for the performance of EC's services within its organization.

 

3.3 Confidentiality

• Successful cooperation requires that the client shares information with EC as openly as possible. Of course, these will be treated confidentially.

• EC undertakes to maintain secrecy towards third parties about all private, business and operational matters of the customer that have become known in the course of the activity, which are obviously confidential or were expressly designated as confidential when they were communicated or handed over.

• EC has the right:
  a) to reproduce confidential information only to the extent that this is necessary for the purpose of this contract;
  b) to disclose confidential information only to those of its employees who need to know this information for the purpose of this contract; 
  c) and to disclose Confidential Information to its own advisors, provided that such advisors are bound by confidentiality provisions at least as restrictive as those contained in this Section 3.

• Notwithstanding the foregoing, the obligation of confidentiality does not apply to material or information:
  a) which is generally accessible or otherwise public, except in the event of a breach of this Agreement; or
  b) received the EC from a third party without any obligation of confidentiality; or
  c) that was in EC's possession prior to receiving it from the Customer and was in EC's possession without any obligation of confidentiality being attached; or
  d) which EC has independently developed without using any material or information EC received from the customer.

• In the case of coaching, EC reserves the right to break its silence if there is a risk of injury to oneself or others. If so, she would contact a professional

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4. Subcontractors

• EC has the right to subcontract the obligations agreed in the offer. If necessary, the customer will be consulted. 

• Each contracting party shall ensure that its subcontractors comply with the confidentiality provisions set out in Section 3.

• Each party is liable for the work of its subcontractor as for its own.

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5. Cancellation conditions and cancellation costs

 

5.1 Cancellation of individual coaching

A coaching session can be canceled free of charge up to 24 hours before the appointment, after which the fee is due in full.

 

5.2 Cancellation of lectures and one-day workshops

• Up to 5 working days before the start of the order, EC will charge for actual preparatory work including expenses (according to the agreed daily rate for implementation).

• In the case of withdrawal less than 5 working days before the start of the order, at least 50% of the offer amount will be charged. After the start of the order, the total amount will be charged.

 

5.3 Cancellation of workshops/seminars and training courses lasting several days

The agreed execution dates of a session can be changed by the customer free of charge up to sixty (60) days before the execution.
After that, postponements will be charged as follows:

• 59-30 days before the event: 25% of the total price will be charged.

• 29-15 days before the event: 50% of the total price will be charged.

• 14 or less days before the event: 100% of the total price will be charged.

Projects postponed by the customer for more than 12 months from the date of the signed contract will be considered canceled by the customer, unless otherwise agreed in writing.

In case of cancellation by the customer, EC has the right to be compensated for their work done. A minimum of 30% of the order value is due upon conclusion of the contract. 50% of the order amount is due when the scope of the design has been agreed between the parties.

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6. Copyright and Terms of Use

The copyright to all documents, tools, visualizations and other materials created by EC within the scope of the service remains with EC.

All material in any form that is created by EC as part of a service or made available to the customer as part of the provision of services may only be passed on, reproduced, published or made publicly accessible with the express written consent of EC. In particular, it may not be used, revised, rewritten or modified or adapted in any other way for similar services.

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7. Liability and Insurance Coverage

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7.1 Limitation of Liability

The activity of EC is purely a service activity. Success is neither guaranteed nor owed. Any liability is excluded.

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7.2 Insurance Coverage

The organizer of workshops, seminars, training courses, team coaching, etc. is always the client. Neither participants nor coachees are covered by EC insurance. All participants are insured personally or through their employer.

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7.3 Data

Any data is sent or transmitted electronically at the customer's risk.

Both parties are responsible for making backup copies of data and files and for verifying the functionality of these backup copies. Neither contracting party is liable for the loss, damage or alteration of data or files or for any resulting damage and expenses.

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8. Payment

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8.1 Deadline and modalities

• EC usually issues invoices at the end of the month or after the service has been provided, payable within 10 - 30 daysen (depending on the order type).

• Coaching packages and/or flat-rate offers are due within 30 days of the start of the coaching or flat-rate offer.

• All prices of the services do not include VAT (8.1%).

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8.2 Conditions

• For fees in excess of CHF 10,000, EC reserves the right to request payment on account of 50% of the offer amount when the order is placed.

• In the event of late payment or incomplete payment of the fees, EC reserves the right to prohibit further services already offered until the contract has been completely fulfilled.

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9. Law and Jurisdiction

Only Swiss law is applicable. The client and EC do everything in their power to find an amicable solution without legal action. If this fails, the ordinary courts in Zurich are responsible.

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10. Final Provision

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.

The wholly or partially invalid provision shall be replaced by a provision which, from the point of view of the parties, comes as close as possible to the objective associated with the invalid or unenforceable provision.

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