General Terms and Conditions of Business – GCB
1 SCOPE OF APPLICATION AND VALIDITY
1.1. These General Terms and Conditions (GTCs) of business regulate the business relationship between Open Up Consulting (hereinafter OUC) and its clients and apply to all services and products provided by OUC (in particular for all information sessions, workshops, private psychological counselling, coaching, excursions and activities). They are an element of all offers, order confirmations and appointment bookings. Any changes to these GTCs must be confirmed in writing by OUC in order to be valid.
2 Duty of diligence and loyalty
2.1. OUC undertakes to provide its services with the greatest of care.
2.2. OUC draws attention to the fact that psychological counselling or coaching is a free and active process undertaken on one’s own responsibility. Predetermined success cannot be guaranteed. The psychological counsellor or coach supports the client in the process of decision-making and change. The client himself undertakes the work of affecting change and should thus be open and prepared to address and analyze his situation.
2.3. OUC and its clients undertake to exercise mutual loyalty and openness. Both sides do all they can, to the best of their knowledge and belief, to ensure the success of the agreed service.
2.4. The client bears sole responsibility for the use and application of the psychological counselling or coaching results. Any claims for damages are expressly excluded by the OUC insofar as permitted by law.
2.5. Any shortcomings in the psychological counselling or coaching services that are clearly caused by OUC will be corrected at its own cost. This correction includes in particular re-conducting psychological counselling or coaching discussions and correcting reports or statements. Further claims for damages are expressly excluded.
3 CONFIDENTIALITY AND DATA PROTECTION
3.1. Right to confidentiality
Psychological counselling is subject to statutory provisions on the duty of confidentiality and data protection. As a member of the Federation of the Swiss Psychologist (FSP), I am bound by the professional code. All psychologists are bound by professional secrecy (Art. 321 Criminal Code (SCC)) and are subject to the Data Protection Act (DPA). In principle they may only disclose information with the consent of the client. In certain cases, the law imposes an obligation to disclose information. However, the psychologist must inform the client in all cases before any information is disclosed. For example, some cantonal health legislation requires the psychologist to report to the authorities if they suspect that certain felonies or misdemeanors have been committed.
3.2. OUC treats all company and personal data that it receives or generates in connection with its activities with absolute confidentiality. It does not pass this data on to third parties. Exceptions are permitted if an organization or an individual expressly authorizes OUC to do so.
3.3. OUC treats all personal data with utmost care. If specific reports relating to individual members of an organization are compiled, OUC considers these individuals as the only authorized recipients of this information, irrespective of who has paid for the report to be compiled.
3.4. Reports or information will only be given to other persons, in particular other members of the organization or superiors, with the consent of the entitled person.
3.5. Any deviation from the procedure under 3.4. is permitted if another course of action is agreed that is clear to all parties involved. If the persons concerned are informed beforehand of this alternative course of action and they do not have any objection to it, it is considered as accepted.
3.6. OUC is entitled to use client names as a general reference.
4.1. OUC carefully considers its clients’ requirements and draws up tailor-made proposals for information sessions, workshops and other services normally only following a personal preliminary meeting with the client.
4.2. Preliminary discussions that do not lead to a concrete offer are free of charge up to a duration of 60 minutes. They may be held by telephone or in a face-to-face meeting. OUC informs clients verbally or in writing of any charges involved.
4.3. The scope of the offer as well as the detailed objectives are set out in a separate agreement. At the beginning of a process Open Up Consulting and the client discuss what is expected. The hourly rates are set out separately in the agreement.
5 Placing an order
5.1. An order is considered to have been placed when written confirmation of the order is received or when an appointment is reserved in writing or verbally, provided it is clear from the circumstances that the client intends to use the service at the arranged time or if it is clear to them that OUC has reserved the corresponding deadlines and resources; when a written offer has been made and OUC has begun work with the clear consent of the client.
5.2. In the case of framework offers or confirmation of framework offers, an order is considered to have been placed if the further course of action is set out in separate plans (e.g. project plans). Any reserved deadlines, unscheduled working days or other resources in these plans are considered to be placed orders.
6 INVOICING AND PAYMENT TERMS
6.1. If not expressly agreed otherwise, services are invoiced according to actual work done. The current fees and breakdown of services apply.
6.2. If the working sessions do not take place at a venue determined by OUC, OUC may invoice travel expenses, any board and lodging costs and travel time. The current fees and breakdown of services apply.
6.3. OUC discusses any further outlays (such as room rental, use of special working instruments and other costs) with the client beforehand and charges for these.
6.4. In the case of commissions taking place over a longer period of time, OUC reserves the right to charge on account max. 50% of the budgeted total fee when the order is given, or the complete fee in the case of commissions charged on a one-off basis.
6.5. Information sessions, workshops and other services must normally be paid in advance. The payment must have been received to Open Up Consulting’s account at the latest 5 days before the start of the commission. All clients receive an invoice including a detailed overview giving information about the services provided and outlays.
6.6. The clients undertake to pay invoices within the agreed payment deadline. A payment deadline of 10 days from the date of the invoice applies unless expressly agreed otherwise.
6.7. In the case of default in payment, OUC reserves the right to charge default interest of 5% p.a. and a fee of CHF 30.- per reminder. All other statutory consequences of default also apply.
6.8. In the case of all services subject to VAT, OUC also charges the statutory VAT amount.
7 CANCELLATION POLICY AND FEES
7.1. Psychological counselling or coaching meetings may be cancelled without charge up to 24 hours before the appointment, or in the case of appointments on a Monday, by Friday 12pm. Thereafter the fee must be paid in its entirety.
7.2. Workshops, seminars, information sessions and other services:
- Up to 15 days before the beginning of the commission: no cancellation fee
- 14–3 days before the beginning of the commission: 50% of the amount owed.
- Cancellation up to 2 days before the beginning of the commission or non-appearance: 100% of the amount owed.
7.3. The client is not permitted to claim damages in the case of OUC being unable to carry out a commission for causes over which it has no influence (accident or illness of the psychological counsellor or coach involved, breakdown of means of transport etc.). In such a case OUC undertakes to carry out the commission with another psychological counsellor or coach if possible, or, (if this is not possible or contrary to the client’s wishes), to hold the appointment on the nearest possible date.
8 INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
8.1. For its business purposes OUC uses generally available specialist and methodological knowledge, knowledge from other sources and expertise it has developed, refined and adapted to its clients’ specific needs.
8.2. If specialist and methodological knowledge is adopted from other sources, this is cited or alternatively there is a corresponding agreement between OUC and the copyright owner.
8.3. OUC claims copyright on all its own documents irrespective of whether this copyright is indicated on the documents.
8.4. OUC grants its clients for the duration of the contract the non-transferable, non-exclusive right to the use and benefit of the services and documents provided by OUC in accordance with the contract documentation. Use of its services and documentation, whether for commercial or non-commercial purposes, is only permitted with OUC’s express permission.
9.1. OUC is the provider of a service only. Success is thus not guaranteed. (Success) liability is excluded.
9.2. Any data is sent or electronically transferred at the clients’ own risk.
10 Insurance cover
10.1 Clients are in principle responsible for their own insurance cover. Clients have the possibility of taking out cancellation insurance for seminars.
11 Place of jurisdiction
11.1 Swiss law only applies to any contractual relationship with OUC.
11.2 Place of jurisdiction for any legal disputes which may arise is the place of the Open Up Consulting company head office.
Status: August 2016