1.1 These General Terms and Conditions (GTC) apply to all contractual relationships between act's AG (hereinafter “the Company”) and its clients in areas such as Strategic Project Management, Real Estate, Mergers & Acquisitions, Investment Consulting, Management Consulting, and Corporate Restructuring. They form an integral part of all services provided by the Company. Any deviations must be agreed upon in writing.
1.2 The client’s own terms and conditions are only valid if expressly approved by the Company in writing.
1.3 The Company reserves the right to modify these GTC at any time. For active contracts, the client will be notified of any changes, and these will be deemed accepted unless the client objects in writing within 14 days.
1.4 All agreements, amendments, and legally relevant declarations must be in writing to be valid. Electronically transmitted documents are equivalent to written form.
1.5 If any provision of these GTC is found to be invalid, the remaining provisions remain unaffected and will be replaced by a valid provision closely approximating the original intent.
2.1 All offers made by the Company are non-binding and may be subject to change. Pricing in offers or on the website serves as a guideline and is defined in detail in each contract.
2.2 A contract is formed once the client submits written order confirmation (via email or post) and acknowledges these GTC. If no written order is issued, the contract is valid once the Company begins service delivery, provided the client does not object.
3.1 The Company offers consulting services in Strategic Project Management, Real Estate, Mergers & Acquisitions (M&A), Investment Advisory, Management Consulting, and Corporate Restructuring.
3.2 The specific nature and extent of each service are defined in each contract or offer. Pricing for service packages is confirmed in the offer and may vary according to actual services rendered.
3.3 The Company may serve clients within similar markets impartially unless exclusivity is expressly agreed upon in writing.
4.1 The client shall provide all necessary information and resources to facilitate the effective delivery of services.
4.2 The client must promptly review all deliverables and report any issues in writing. If the Company performs an analysis upon the client’s request and finds no issues within its responsibility, the client may be charged for the analysis.
4.3 If the client fails to fulfill its cooperation obligations, the Company may bill for the agreed services, even if project completion is delayed.
5.1 Unless otherwise specified, prices are in Swiss francs, exclusive of VAT, with foreign currency conversion based on the current monthly average rate from estv.admin.ch.
5.2 Additional services are billed at CHF 140 per hour, including consultations or meetings conducted at the client’s location or by digital channels.
5.3 The Company may suspend services if the client defaults on payment after receiving prior notification, and charges for reactivation costs and late fees may apply (5% per annum).
5.4 Payment for monthly or recurring services is due within 30 days of invoice issuance unless otherwise agreed in writing.
6.1 All content created by the Company during the contract term may be used by the client. The Company retains copyright and intellectual property rights over all materials produced.
6.2 Following contract termination, the client retains rights to the deliverables unless termination occurs for cause under Art. 11.2.
The client agrees to maintain confidentiality regarding all sensitive business information from the Company. This confidentiality obligation extends three years after contract termination.
8.1 The client is responsible for ensuring compliance with data protection laws regarding data provided to the Company. The Company accepts no liability for data breaches caused by the client.
9.1 The client is solely responsible for ensuring that all content, including materials prepared by the Company, complies with applicable laws, including IP and competition laws.
10.1 The Company guarantees that services will meet the agreed specifications but does not guarantee specific financial outcomes, as results vary based on external factors beyond the Company’s control.
10.2 The Company’s liability for damages is limited to cases of intentional or gross negligence. No liability is accepted for outcomes resulting from client decisions based on Company advice.
10.3 The client is solely responsible for the legality of content and must ensure it is free from third-party claims. The Company is not liable for claims made by third parties related to content or terminology chosen by the client.
11.1 Contract duration is agreed upon in each contract, with one-time projects concluding upon service completion.
11.2 Either party may terminate the contract for cause, such as client insolvency or significant contract breaches.
11.3 Termination for convenience requires a 30-day notice period, with any outstanding invoices due prior to termination.
Swiss law applies to this contract. The exclusive place of jurisdiction is at the registered office of act's AG.
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