General Terms and Conditions of Business
(1) These General Terms and Conditions of Business (GTC) are an integral part of the contract for orders placed by the
(Client) with Reiss Motivation Profile Switzerland GmbH (RMP). This essentially includes consulting, training and coaching in the area of personnel management, personnel development and organizational development, potential diagnoses and evaluation of test results as well as the creation of personality profiles and motivation analyses and materials available via a web store for the previously mentioned topics and contents.
(2) In the event that individual provisions of the GTC should be invalid, the remaining provisions shall remain in force.
(3) The (RMP) is entitled to use competent commercial or freelance cooperation partners for individual consulting services. The (RMP) is not obliged to disclose the identity of the cooperation partners called in.
(4) The Client shall ensure that the (RMP) is provided with all documents and information necessary and useful for the speedy completion of the order. This also applies to those documents and information whose significance only becomes known during the ongoing consulting services by the (RMP). Furthermore,
the Client shall ensure that any existing works council is informed in good time of the (RMP)'s consulting activities.
(5) These General Terms and Conditions of Business shall also apply to all future contractual relationships, thus also if no express reference is made to them in supplementary contracts.
(6) Any conflicting General Terms and Conditions of Business of the Client shall be invalid unless they are expressly accepted by the (RMP) in writing.
I. Scope and ScopeConsulting
Orders or other agreements are only legally binding if they are signed by (Client) in writing and are only binding on the contracting parties to the extent specified in the written agreement. These General Terms and Conditions shall also apply to purchase contracts concluded by other means, e.g. by telephone, fax or letter. Customers will be informed in the order confirmation where they can download the GTC on the Internet. If a customer does not agree with the GTC in such cases, he can exercise his right of withdrawal.
II. assurance of independence
The parties to the contract shall take all necessary precautions to ensure the independence of the (RMP)'s employees and cooperation partners. In particular, offers of employment or other employment of employees of (Client) or the direct commissioning of cooperation partners of (RMP) during the ongoing contractual relationship are prohibited.
(RMP) shall report to the (Client) on its consulting activities, provided this has been expressly agreed. In this case, the duty to report shall also include the activities of (RMP)'s cooperation partners. After completion of the order, the (Client) shall receive a final report from the (RMP) summarizing the consulting services rendered including the consulting expenses. (RMP) shall not be subject to instructions in the production of the agreed work, shall act at its own discretion and on its own responsibility. It is not bound to any particular place of work or to any particular working hours.
IV. industrial property rights
(1) The intellectual property and therefore the copyright of the services rendered in connection with the consultancy assignment shall remain with the (RMP).
(2) The (Client) may only use the information provided or made known to him in connection with the consultancy assignment for his own purposes. Any disclosure of such information to third parties - even after completion of the consultancy assignment - is prohibited. The "Information" includes in particular offers, reports, analyses, expert opinions, organization charts, guidelines, performance descriptions and data carriers, regardless of whether this information originates from the Agent, its employees or cooperation partners. The passing on of such information to third parties requires the written consent of the (RMP) in each individual case.
(3) The Client's violation of these provisions shall entitle the (RMP) to terminate the contractual relationship immediately and prematurely and to assert other legal claims, in particular for injunction and/or damages.
(1) The (RMP) shall inform the (Client) without delay of any subsequently arising inaccuracies or defects in its consulting services and shall remedy such inaccuracies or defects within a reasonable period of time.
(2) If the inaccuracies or deficiencies are attributable
to the (Client)'s sphere of responsibility, they shall only be remedied by separate written order from the (Client). The services required for rectification shall be invoiced separately to the Client.
(3) If the inaccuracies or defects are attributable to the (RMP)'s sphere of responsibility, the (RMP) shall provide warranty free of charge within a reasonable period of time. The (Client)'s claim to rescission or price reduction is excluded. The warranty claim shall expire within six months of the final report being handed over to the (Client).
(1) The (RMP), its employees and cooperation partners must observe the generally accepted rules of professional practice when performing the consulting services commissioned. The (RMP) shall be liable for the fault of employees and cooperation partners as for its own. The (RMP)'s liability for damages is limited to intent and gross negligence. The Client bears the burden of proof for the question of fault.
(2) The claim for damages must be asserted in court within six months after knowledge of the damage and the damaging party, but at the latest within three years after the event giving rise to the claim.
(3) If the (RMP) performs the work with the assistance of third parties and warranty and/or liability claims against these third parties arise in
this connection, the (RMP) shall assign these claims to the Client. In this case, the Client shall give priority to these third parties.
(4) The Purchaser shall inspect the delivered goods as soon as possible and report any defects immediately. The responsible customer service can be found at email@example.com. Secret defects can still be complained about even after the goods have been put into operation or used. The making of payments does not constitute a waiver of a notice of defects.
(5) The provider undertakes to ensure security in systems, programs, etc., which belong to him and over which he has influence, in accordance with the latest technical standards and to comply with the rules of data protection.
(6) The customers shall ensure the security of the systems, programs and data that are within their sphere of influence. In their own interest, customers should keep passwords and usernames secret from third parties.
(7) The provider is not liable for defects and malfunctions for which he is not responsible, especially not for security defects and operational failures of third party companies with which he cooperates or on which he is dependent.
(8) Furthermore, the provider is not liable for force majeure, improper action and disregard of risks on the part of the customer or third parties, excessive use, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer or disruptions by third parties (viruses, worms, etc.) which occur despite the necessary current security measures.
VII. Obligation of secrecy
(1) The (RMP) shall maintain secrecy towards any person and for an unlimited period of time with regard to all matters of (Client) of which it becomes aware in connection with the consulting activity. The obligation of secrecy does not apply to information provided to cooperation partners that are called in by the (RMP). In this case, the (RMP) shall oblige the cooperation partner to the same extent to maintain secrecy. Furthermore, the obligation of secrecy does
not apply to those cases in which there is a legal obligation to provide information.
(2) The (RMP) may only make
reports, expert opinions and other written statements concerning its consulting activities for the Client available to third parties with the Client's express consent.
(3) The (RMP), the processor and their employees shall keep confidential personal data from data processing which has been entrusted to them or has become accessible to them exclusively on the basis of their professional employment, notwithstanding any other legal obligations of confidentiality, unless there is a legally permissible reason for the transmission of the personal data entrusted to them or made accessible (data confidentiality). Employees must be informed of this and of any consequences of a violation.
VIII. Fee, Cancellation, Terms of Delivery, Payment
(1) In return for the consultancy services, the (RMP) shall be entitled to payment of an appropriate fee by the Client. Depending on the agreement, the Client shall make a down payment when the order is placed or partial payments during ongoing consulting activities. The remaining fee shall be due for payment within 14 days of the submission of the final report together with the final invoice.
(2) If the consulting services are not provided in whole or in part, the (RMP) shall be entitled to the agreed fee in full if the (RMP) was prepared to provide consulting services and was prevented from doing so by circumstances on the part of the Client. Circumstances on the part of (Client) include, in particular, lack of cooperation by (Client) in the performance of the contract or unjustified premature termination of the contract. If the contract is terminated within one month before the agreed performance of services, 50% of the agreed fee will be charged. In case of termination of the contract within two weeks before the agreed performance of services, 100% of the agreed fee will be charged. In case of termination of the contract before the set deadlines, services already rendered will be charged.
(3) If the consulting services are not rendered due to circumstances which represent an important reason on the part of the (RMP), the (RMP) shall be entitled to a pro rata fee which corresponds to the consulting services rendered so far. This shall apply in particular if the consulting services rendered so far are usable for the Client.
(4) For justified reasons, in particular in the event of imminent insolvency of the Client, the (RMP) may make the completion of the consulting services dependent on the complete payment of the fee. Complaints about the consulting services do not entitle the Client to withhold the fee. This does not apply to obvious defects in the consulting services provided. (5) The prices are quoted in CHF. VAT and advance recycling fee as well as processing are included. Shipping costs are charged separately.
(6) The provider reserves the right to change the prices at any time. For customers, the prices published on the website on the order date are valid.
(7) The conditions for promotions and discounts can be found at the relevant information.
(8) Delivery will be made as soon as possible. The customer can check his delivery status at any time via firstname.lastname@example.org. If the customer does not receive the goods within 30 days and no information is provided, the customer is entitled to cancel the delivery.
(9) Payment is possible in the following ways at the request of the customer:
- The invoice will be enclosed with the shipment of the goods. In this case, the payment deadline is 14 days after receipt of the invoice.
- The customer can enter the number of his credit card. All major credit cards are accepted. The price of the goods is booked on the day the goods are dispatched (this function may not be available at the moment).
(10) In case of late payment, the Provider will send a maximum of two reminders. For the second reminder a fee of CHF 15 will be charged. If the customer then fails to pay, debt enforcement measures will be initiated. The right to claim damages is reserved.
IX. Premature termination of the contract
(1) The (RMP) may prematurely terminate the contractual relationship by registered letter with immediate effect if the Client violates essential contractual obligations, in particular if he does not provide the documents required for the consulting services or if he does not provide information which violates the independence from the (RMP) or the (RMP)'s property rights. In this case point IX. Paragraph (2).
(2) The Principal may terminate the contractual relationship prematurely by registered letter with immediate effect if the Contractor is in default with its consulting services despite having been granted a reasonable grace period or if it breaches the duty of confidentiality.
(RMP) may prematurely terminate the contractual relationship by means of a registered letter with immediate effect if the (RMP) is in default with its consulting services despite having been granted a reasonable grace period or if it violates its duty of confidentiality.
X. Right of Withdrawal and Right of Withdrawal Shop
(1) Customers may withdraw from the purchase contract within 7 days without giving reasons and without penalty. The period for exercising this right begins on the day on which the goods are received by the consumer. The customer can return already delivered goods at the expense of the supplier (at his own expense). Payments already made will be refunded by the provider free of charge.
(2) If a customer withdraws from the purchase due to late delivery or defects in the goods or other reasons for which the vendor is responsible, the vendor will refund any amounts already paid as well as the return costs.
XI. Applicable law, place of performance, place of jurisdiction
(1) Swiss law shall apply
to the consultancy assignment, its interpretation and any disputes arising therefrom.
(2) Place of performance is the (RMP)'s registered office in Brunnen, Schwyz.
(3) Any disputes arising from or in connection with the consultancy assignment shall be subject to the exclusive jurisdiction of the competent courts in Schwyz.