1. Scope and subject of the GTC
The General Terms and Conditions apply to all services (solutions) provided by BA & Co. GmbH for the customer. Deviating provisions shall only apply if they have been expressly agreed in writing between BA & Co. GmbH and the customer. Any special or general contractual conditions that contradict these GTC shall not be accepted by BA & Co. GmbH and have no validity in the relationship between BA & Co. GmbH and the customer are not valid.
2. Conclusion of contract
The contract between the customer and BA & Co. GmbH is concluded by electronic or written registration, by agreement or by using the services (solutions). The content and scope of the services are defined in these General Terms and Conditions or in any individual agreements.
2.1 Term and Ordinary Termination of Marketing Services Contract
2.1.1 Marketing contracts shall enter into force upon signature by both parties and shall be concluded for a fixed contract term of one year. The contract shall commence in accordance with the written agreement.
2.1.2 Either party may terminate the contract by giving thirty days’ notice to the end of the fixed contract term.
2.1.3 Without such termination at the end of the fixed contract period, this contract shall be automatically renewed for one semester (6 months) at a time and may be terminated by either party by giving thirty days’ notice.
2.2 Extraordinary and premature termination of the contract for marketing services
2.2.1 If the Customer is in default of payment of the fee, BA & Co. GmbH may grant the customer a grace period of ten calendar days for payment of the fee. If the customer does not pay the fee within this grace period, BA & Co. GmbH shall be entitled to terminate this contract with immediate effect and to claim damages for delayed performance.
3. Services of BA & Co. GmbH
The BA & Co. GmbH provides services, which are carried out carefully to the best of its ability. BA & Co. GmbH has the right at any time to change the type, scope, price, terms of purchase and channels of purchase of the services provided by it and to refuse its services completely in the event of default in payment or other breaches of duty. BA & Co. GmbH has in principle the right to cancel services without replacement. BA & Co. GmbH shall inform the customer good time of such a cancellation and refund any service fees already paid to the customer. Any further compensation or damages due to the cancellation shall be waived in full. If BA & Co. GmbH is unable to provide its services due to illness, accident or other absence, the customer will be offered the possibility of a replacement date or he/she can withdraw from the contract and will receive a full refund of the costs already paid. Prices are in Swiss Francs including VAT. Our list prices valid on the day of registration will be charged.
3.1 Coaching and Retreat Services of BA & Co. GmbH
BA & Co. GmbH does not offer psychotherapeutic services, neither in individual nor in group settings. The coaching and retreat services are not to be equated with empirically-founded psychotherapeutic measures. The client therefore confirms that he/she is psychologically and physically healthy and is currently neither in psychiatric nor in psychotherapeutic treatment. Any liability for material and immaterial issues are hereby fully excluded.
Clients who choose to participate in coaching and retreat services assume responsibility for their actions. Participation is on the basis of free choice.
4. Force majeure
If the timely fulfillment by BA & Co. GmbH and third parties involved as a result of force majeure such as natural disasters, earthquakes, avalanches, storms, thunderstorms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, BA & Co. GmbH shall be released from the performance of the affected obligations for the duration of the force majeure as well as for a reasonable start-up period after its end. If the force majeure lasts longer than 30 days BA & Co. GmbH may withdraw from the contract. BA & Co. GmbH shall reimburse the customer in full for any payments already made.
5. Obligations of the customer
The customer undertakes to pay the agreed fee. The customer is obliged to take all precautions to ensure that BA & Co. GmbH can provide its services for the customer. Depending on the circumstances, this may include the provision of suitable information and documents for BA & Co. GmbH. For all marketing services, the data required by BA & Co. GmbH must be provided. The transmission of the required data is the responsibility of the customer.
6. Withdrawal services
For the following services: Coaching, Retreat and Business Solutions services, a withdrawal is possible free of charge up to 90 days before the implementation. If there is no cancellation or a late cancellation, the customer has to pay the following costs:
4 weeks before the start of the service 30% of the agreed costs
3 weeks before the start of the service 50% of the agreed costs
2 weeks before the start of the service 80% of the agreed costs
1 week before the start of the service 100% of the agreed costs
6.1 Cancellation of marketing services
In the case of marketing services, cancellation is only possible free of charge up to 90 days prior to performance. If a cancellation is not made within the time limit, the customer will be charged for the duration defined in the mutual agreement.
For the statements and information in the advertisements (including electronic ads) and offers of BA & Co. GmbH no liability is assumed. The BA & Co. GmbH disclaims any liability that might arise in connection with the provision of its services (solutions) to the customer so far as it is a matter of slight or medium negligent breaches of duty of care. BA & Co. GmbH shall only be liable for damage demonstrably caused to the customer by intent or gross negligence. Liability for consequential and indirect damages is excluded in any case. Liability for any indirect damage and consequential damage is fully excluded. The BA & Co. GmbH assumes in particular no liability for accident or theft during any services provided by BA & Co. GmbH (coaching, retreat, business solutions and marketing services). Insurance is the responsibility of the client. Liability for direct damages will be limited to the selling price of the service in question. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The customer is obliged to report any damage to BA & Co. GmbH immediately.
BA & Co. GmbH takes all reasonable measures to protect the data stored with it. Access by third parties at BA & Co. GmbH or a contractual partner of BA & Co. GmbH to stored data shall not lead to liability on the part of BA & Co. GmbH and its contractual partners. The BA & Co. GmbH uses customer data to fulfill the offered services in accordance with the contract and the law, to maintain the customer relationship and to submit offers. The customer agrees to the storage and use of his data by BA & Co. GmbH in its entirety. The customer may prohibit the use and processing of his data for marketing purposes at any time.
The parties agree that all information, in particular the concepts and solutions developed, will be kept confidential during the performance of the service. The client is obliged to take all measures to protect this data from unauthorized access.
10. Invoicing, offers, reminders and delays
The customer is obliged to pay all invoices in full. The customer undertakes to pay the amount due on the spot or at the start of the service or within 30 days at the latest from the date of delivery of the invoice. For amounts exceeding CHF 3,000, an advance payment of 50 percent must be guaranteed. Local fees must be paid within 10 days. If the customer’s payment obligation is not met within the payment period, he/she will be in default with a reminder upon expiry of this period. The interest on arrears amounts to 3%. Offers, which are explicitly requested by the customer, will be charged with a lump sum of CHF 250.00. In case of a definite commitment, the amount will be credited from the definite final amount.
11. Applicable law and place of jurisdiction
These GTC are subject to Swiss law. Unless mandatory legal provisions prevail, the court at the registered office of BA & Co. GmbH shall have jurisdiction.
Stand: October 24th