1. Scope of applica-on
These General Terms and Conditions (“GTC”) apply to the ensure business of Rungsted & Partners GmbH (hereinafer referred to as the “Company”). The Company provides consulting services to businesses in the areas of business management, strategy, planning and development. In addition, the company provides its clients with all services related to consultancy services. This includes, for example, activites in the areas of market research, engineering services, legal advice, connecting client and supplier acquiring special equipment, personnel recruitment, headhunting, purchase, sale of real estate, property management, Interior design and art.
2. Conclusion of contract
The contract is concluded by the Client’s acceptance of the Company’s quotation concerning the purchase of services or a written agreement in any kind, invoicing services by any electronic email, text message or written agreement. The contract is concluded in any case when the client makes use of the services offered by the company.
3. Prices
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT). Prices are exclusive of any other applicable taxes. The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract shall apply.
4. Payment
Payment by the Client shall be made in advance and the Client shall pay the amount due before the Company commences work, unless otherwise agreed upon. If the invoice is not paid, the client will be warned. If the client does not settle the invoice within the set reminder period, he automatically falls into arrears. From the time of default, the client will owe interest on arrears at the rate of 5%. Offsetting of the invoiced amount against any claim the Client may have against the Company is not permitted. The Company shall have the right to refuse to provide the service in the event of late payment
5. Obligatime of the company
5.1 Provision of Services
Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service. If no other provisions are agreed, the place of performance shall be the Company’s registered office.
5.2 Auxiliarie
The parties have the express right to call in auxiliary persons to perform their contractual duties. They shall ensure that the auxiliary personnel are engaged in compliance with all mandatory statutory provisions and any collective labour agreements
6. Obligations of the Client
The Client is obliged to make all arrangements necessary for the provision of the service by the Company without delay. The Client shall make the arrangements at the agreed place, at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of appropriate information and documentation to the
7. non-solicita-on and employment prohibi-on
The Client may not entice away or employ the Company’s employees or other auxiliary persons, either for its own account or for the account of a third party, without the Company’s express written consent. Even after termination of the contractual relationship, the Client is prohibited from employing employees or other auxiliary persons of the Company in any way, directly or indirectly. This prohibition shall apply only one year after the termination of the contractual relationship and is limited to the field of activity of the respective employee or auxiliary person.
8. Withdrawal
Both parties have the right to withdraw from the contract at any time. The other party shall be fully reimbursed for any expenses already incurred. If a withdrawal is made at an inopportune time, any claims for damages shall remain reserved.
9. Warranty
The company guarantees to perform the agreed services in the quality customary in the industry.
10. Liability
Liability for any indirect damage and consequential damage is excluded in full. Liability for direct damage is limited. This limitation of liability does not apply to direct damage caused by gross negligence or intent. The client is obliged to report any damage to the company immediately. Any liability for auxiliary persons is excluded in its entrety.
11. Intellectual property rights
The Company is entitled to all rights to the products, services and any trademarks or is authorised to use them by the owner. Neither these General Terms and Conditions nor any individual agreements pertaining thereto involve the transfer of any intellectual property rights, unless this is explicitly mentioned. Furthermore, any further use, publication and making available of information, images, texts or anything else which the client receives in connection with these provisions is prohibited, unless it is explicitly approved by the company. If the Customer uses contents, texts or pictorial material in connection with the Company in which third parties have a property right, the Customer shall ensure that no property rights of third parties are infringed
12. Data protec-on
The Company may process and use the data recorded within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to courts or authorities or to third parties if ordered to do so. If the Client has not expressly prohibited it on the day of contractual length, the Company may use the data for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners or other third parties
13. Amendments
These General Terms and Conditions may be amended by the Company at any time. The new version shall come into force 30 (thirty) days after the Company has posted it on the Website: www.rungsted-partners.ch. In principle, the version of the General Terms and Conditions in force at the time of the conclusion of the contract shall apply to the Customer. Unless the client has agreed to a newer version of the GTC
14. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.
15. Severability clause
Should any provision of this contract or any annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.
16. Confiden-ality
Both parties, as well as their auxiliary persons, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even a?er the termination of the contract.
17. Force majeure
If the timely performance by the Company, its suppliers or third parties involved becomes impossible as a result of force majeure, such as a natural disaster or a pandemic, the Company shall be released from the performance of the obligations concerned for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the company must reimburse the customer the full amount of the remuneration already paid, less any costs already incurred during the period. Any further claims, in particular claims for damages as a result of vis major are excluded.
18. Applicable law / place of jurisdic-on
These GTC are subject to Swiss law. Unless mandatory legal provisions prevail, the court at the registered office of the company shall have jurisdiction. The company is free to bring an action at the defendant’s registered office.
