General standard terms and conditions

01 SUBJECT MATTER OF THE TERMS AND CONDITIONS
The following general terms and conditions shall apply to all legal transactions of Reto Zollinger Consulting, with its contractual partners, hereinafter referred to as "customer", and shall govern their legal relationship.

Terms and conditions of the customer deviating from these general terms and conditions shall only be accepted by Reto Zollinger Consulting after separate and written acknowledgement.

Reto Zollinger Consulting reserves the right to adapt these general terms and conditions at any time without notice, unless otherwise announced with immediate effect.

02 COMPENSATION
Reto Zollinger Consulting acts towards third parties (for example advertising suppliers, printers, publishing companies) on behalf and in the name of the customer. Invoices from third party suppliers shall be issued in the name of the customer and sent to eMeM for checking and forwarding.

Payments are due within 30 days of invoicing, unless otherwise agreed between the parties. In the event of overdue payment from 60 days of the due date, Reto Zollinger Consulting shall be entitled to interest on arrears in the minimum amount of the statutory interest on arrears without further reminder. The right to claim further damages remains unaffected by this provision.

Offsetting of the customer's claims against those of Reto Zollinger Consulting  is not permitted.

Dunning costs and the costs of - also out-of-court - legal investments shall be borne by the customer.

If a flat rate is not expressly agreed, the customer shall pay for the effective expenditure (incl. expenses). The effective expenditure shall only be invoiced after delivery of the result of the order, unless otherwise agreed in writing.

Reto Zollinger Consulting may invoice the customer for partial payments. These partial payments do not have to be in a form usable by the customer and can also be available as a pure working basis on the part of Reto Zollinger Consulting.

In the event of withdrawal from the contract or termination prior to the conclusion of the contract and/or if the conditions for the provision of the service change, Reto Zollinger Consulting shall be reimbursed by the customer for all costs already incurred and eMeM shall be released from any liabilities to third parties.

All prices stated in offers and orders and the resulting fees to be paid are exclusive of the legally valid value added tax in the respective applicable amount.

Objections to Reto Zollinger Consulting's invoices must be raised immediately upon receipt of the invoice, but no later than 10 days after the invoice date, without this affecting the due date. Failure to raise objections in due time shall be deemed to constitute approval.

In connection with the order, any expenses incurred will be discussed with the customer and invoiced separately. This also applies to any additional project costs or third-party costs.

03 INTELLECTUAL PROPERTY
All intellectual property rights (especially copyright) of the order results remain with Reto Zollinger Consulting. Only after full payment of the fee shall all rights of use be transferred to the customer. Reto Zollinger Consulting expressly waives any further remuneration arising from further rights to the design. The customer may freely use the design work of Reto Zollinger Consulting even if there is no further cooperation.

Reto Zollinger Consulting reserves the right to publish the design work in an appropriate manner for self-promotion, namely in professional articles, books, social networks or on the zollinger-consulting.com website.

Reto Zollinger Consulting expressly reserves the right to name the customer as a reference. Even after project completion, such work reference may not be removed by the customer, except in the case of a completely new development by another service provider. In such a case it is not permitted to further use any work of Reto Zollinger Consulting or to present it as work of third parties.

The transfer of granted rights of use to third parties and/or multiple uses are, unless regulated in the initial order, subject to a separate fee and require the consent of Reto Zollinger Consulting. Reto Zollinger Consulting shall be entitled to information about the scope of use.

The data of a completed order shall belong to the customer and shall be handed over on request on a data carrier after completion of the project. They shall also be archived at Reto Zollinger Consulting without warranty obligation.

04 LIABILITY
Reto Zollinger Consulting does not assume any liability for services of third parties. Liability for auxiliary persons is excluded.

The liability of Reto Zollinger Consulting is limited to intent and gross negligence.

Reto Zollinger Consulting shall not be liable for content and materials provided by the customer such as images, texts or similar.

Print-outs, test set-ups etc. are to be checked for correctness by the customer immediately after receipt; a good to print or good to screen is a binding declaration of the correctness of the service results concerned.

The risk of the legal admissibility of the work performed by Reto Zollinger Consulting shall be borne by the customer. Reto Zollinger Consulting does not give any guarantees of success.

05 WARRANTY
Reto Zollinger Consulting does not assume any warranty for services of third parties. Any warranty claims shall be assigned to the customer. Any defects in relation to services provided by Reto Zollinger Consulting must be notified by the customer in writing and documented within 10 days of delivery of the product concerned. The notification of defects in due time and form is a prerequisite for the assertion of warranty rights against Reto Zollinger Consulting. Significantly impairing and reproducible deviations from the performance characteristics and functionalities described in the offer or specifications shall be deemed to be defects. Conceptual or technical changes within the scope of implementation are reserved at all times. Reto Zollinger Consulting does not grant any further guarantee for the functionality, freedom from defects, suitability or other properties of the delivered service results.
After notice of defects has been given in due time and form, defective service results shall either be replaced or the defect complained of shall be remedied at the discretion of Reto Zollinger Consulting at its expense. Reduction shall only be permissible after unsuccessful rectification. Redhibition shall be excluded. Any liability for consequential harm caused by a defect, such as loss of data, loss of business, loss of profit, etc., is, as far as legally permissible, excluded in its entirety. Any claim by the customer for the assertion of defect rights shall lapse if the service results concerned are modified or repaired by the customer or third parties without the consent of Reto Zollinger Consulting or if the product has been improperly handled, operated and maintained.

06 CONFIDENTIALITY
The parties shall treat as confidential all information that is neither generally known nor generally accessible. In case of doubt, information shall be treated as confidential. This obligation of confidentiality exists before the conclusion of the contract and lasts beyond the termination of the contract.

07 FINAL PROVISIONS
Should parts of these GTC be invalid in whole or in part, the rest of the GTC shall nevertheless remain binding. Rights and obligations arising from a contract concluded on the basis of these GTC may only be transferred to third parties with the written consent of the other party. The transfer of the contract from Reto Zollinger Consulting to a legal successor or affiliated company is excluded from this provision.

Swiss law is applicable to concluded contracts.
The place of jurisdiction for all disputes is the registered office of Reto Zollinger Consulting.

Date of the provisions: 01.04.2023