General Terms and Conditions (valid as from 1.1.2023)
1.1 Bernd Remmers Consultants AG, Zug (nachfolgend Remmers genannt) verpflichtet sich gegenüber dem Auftraggeber zur Erbringung der im Vertrag näher bezeichneten Leistungen.
1.2 A contract with the client is concluded either upon mutual signing of the agreement or at the moment when Remmers transmits a written order confirmation to the client.
1.3 All deadlines and dates promised by Remmers are agreed upon by Remmers to the best of its knowledge and judgment and will be adhered to as far as possible. However, such commitments are non-binding and do not entitle the client, in the event of non-compliance, to termination, compensation, or any other claims. In the event of force majeure or other disruptions that significantly hinder or render Remmers’ performance impossible, Remmers shall be entitled, without any liability, to adjust the deadlines and dates at its own discretion or to withdraw from the contract in whole or in part.
2.1 Each Party and their associated companies are obliged to treat the information disclosed to them and other knowledge about internal procedures as confidential business secrets, and to make use of this information solely for the contractually intended purpose.
2.2 Remmers is entitled to provide services to other clients, including those who are in competition or business relations with the client, provided that Remmers does not breach its obligation to maintain the confidentiality of the client’s confidential information.
2.3 Remmers is furthermore entitled to retain copies, including electronic copies, of the results of the services provided for evidentiary purposes and for internal documentation, even after the completion of the assignment, while adhering to its confidentiality obligations.
3.1 All analyses, reports, interviews, and any other work results delivered by Remmers are intended for the exclusive use of the client and may not be disclosed to third parties without the prior written consent of Remmers.
3.2 Remmers reserves all rights to the concepts, approaches, methods, models, tools, knowledge, experience, and similar assets developed or acquired before or during the execution of the assignment.
3.2 Remmers reserves all rights to the concepts, approaches, methods, models, tools, knowledge, experience, and similar assets developed or acquired before or during the execution of the assignment.
4.2 The fee charged by Remmers includes the following services: -Preparation and follow-up – Execution of the service – Provision and revision of the required documents.
4.3 The service fee covers all personnel costs as well as any other services provided by Remmers, except for separately agreed travel expenses, licenses, and any special expenditures.
4.4 Unless a specific payment schedule has been agreed upon, all invoices issued by Remmers are payable within 10 days (net, without any deductions). Invoices are generally issued monthly based on the actual progress of the project.
5.1 The following guidelines and rates apply to all travel expenses incurred by Remmers on behalf of the client:
6.1 Remmers is an independent contractor and is therefore responsible for the proper payment of all social security contributions and other employment-related costs for its employees.
7.1 Remmers’ liability for any direct or indirect damage arising from or in connection with the execution of the assignment is, to the extent legally permissible, expressly excluded.
7.2 Any liability of Remmers for its corporate bodies, legal representatives, senior and non-senior employees is likewise, to the extent legally permissible, expressly excluded.
8.1 In the event of a postponement of an agreed appointment (such as a work meeting, workshop, seminar, training session, or event) caused by the client, Remmers reserves the right to invoice the client for 100% of the contractually agreed service fee, plus any costs and expenses already incurred, as an advance payment in the originally scheduled month of execution.
8.2 In the event of a cancellation of an agreed appointment (such as a work meeting, workshop, seminar, training session, or event) for which the client is responsible, the following cancellation conditions shall apply:
| Zeitpunkt der Bekanntgabe der Annullierung | Vom Auftraggeber zu zahlender Anteil in % des vereinbarten Leistungsentgeltes, zuzüglich aller bereits angefallener Kosten und Auslagen, sowie Annullationskosten von Dritten |
|---|---|
| 0 bis 30 Arbeitstage vor dem Veranstaltungsdatum | 100% |
| 31 bis 60 Arbeitstage vor dem Veranstaltungsdatum | 50% |
| Ab 61 Arbeitstage vor dem Veranstaltungsdatum | 0% |
9.1 In exceptional circumstances, either party may terminate the contract by giving ninety (90) days’ notice. Exceptional circumstances are defined as follows:
– Significant difficulty or impossibility in the performance of services by Remmers (as per Section 1) – Breach of confidentiality by the other party (as per Section 2) – Misuse of usage rights by the other party (as per Section 3) – Failure of the client to meet payment obligations (as per Sections 4 and 5) – Change in the legal entity of Remmers (as per Section 6) – Direct, indirect, or potential liability claim against either party (as per Section 7) – Mutually agreed early termination of the contract
9.2 In the event of termination by the client, Remmers shall be entitled to compensation amounting to 50% of the contractually agreed service fee, plus remuneration for all services provided by Remmers in connection with the contract up to the time of termination, as well as all costs and expenses already incurred. If the client terminates the contract at an inopportune time, Remmers expressly reserves the right to assert further claims for damages.
9.3 In order to be deemed effective, the notice of termination must be in writing.
In the event of any disputes which arise from or in connection with this contract, Swiss law shall apply. Legal venue is Zug, Switzerland.
It begins
with a Hello.
It begins
with a Hello.
