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Allgemeine Geschäftsbedingungen

1. Scope

The General Terms and Conditions (GTC) apply to the entire business relationship between Free-Up GmbH (hereinafter referred to as Free-Up) and the customer or company (hereinafter referred to as the clientele). They apply for the entire duration of the business relationship. By orally or in writing ordering one or more services or products, they are considered acknowledged and accepted. They also apply to future transactions or orders with the same clientele without the conditions being sent again. Special agreements are binding only if they have been agreed upon and confirmed in writing in advance.

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2. Conclusion of contract

A legally valid contract is concluded between the clientele and Free-Up by ordering or scheduling a service or product at Free-Up and providing it online or offline.

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For clientele of individual coaching, Taoist face reading, as well as attendees of workshops or courses, rights and obligations apply according to Swiss contractual law. The contract is formed by scheduling the corresponding service or registering for the respective service.

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For workshops or services for companies, the contract is formed by accepting the corresponding offer.

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3. Client's Duty to Cooperate

The services, especially coaching, are based on preparatory discussions between the parties. It relies on cooperation and mutual trust. It is emphasized that coaching is a voluntary, active, and self-responsible process, and specific outcomes cannot be guaranteed. Free-Up acts as a process facilitator and supporter in decisions and changes, while the actual work of change is carried out by the clientele.

 

4. Payment Conditions

In general, the payment terms confirmed by Free-Up are binding. After the payment deadline expires, the clientele is automatically in default. In case of payment default, a reminder fee of CHF 30.- (administrative fee) will be charged to the clientele. The clientele is not entitled to withhold payments due to objections or other counterclaims. Enforcement costs for overdue invoices will be additionally invoiced to the clientele.

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If the clientele is more than 15 minutes late, waiting time will be charged from the 15th minute onwards. The clientele is not entitled to withhold payments unless a legal right of retention exists.

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The payment term is generally 10 days from the invoice date. The current prices are visible on the Free-Up website, stated in Swiss Francs, and inclusive of value-added tax. Free-Up reserves the right to make price adjustments. Ongoing contracts for individual coaching or already booked courses/workshops according to section 2 are not affected.

 

5. Expenses

For services outside the Basel region, travel time will be invoiced at an hourly rate of CHF 120.-. For train travel, the actual ticket price (2nd class for journeys under 1 hour and 1st class for journeys over 1 hour) will be invoiced. For car journeys, additional costs are CHF 0.70/km (round trip).

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All mentioned price details can be individually regulated.

 

6.Cancellation Conditions / Cancellation Costs

 

Individual Coaching / Taoist Face Reading:

Free cancellation of individual coaching is possible up to 24 hours before the appointment. For Monday appointments, this is possible until Friday at 12:00. Afterward, the fee is due in full.

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Workshops & Courses:

Up to 5 working days before the start of the assignment, Free-Up will charge 50% of the course/workshop costs. For cancellations less than 5 working days before the start of the assignment, the full costs will be invoiced.

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Cancellation must be made in writing (email, SMS, or WhatsApp) in any case.

 

7. Confidentiality

Free-Up undertakes to maintain unlimited confidentiality regarding all operational, business, and private matters of the clientele that became known during the activity, even after termination of the contract or assignment.

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The legal basis for handling the personal data of the clientele is the data protection legislation of the Swiss Confederation. Personal data of the clientele is only collected, processed, or used if the clientele has consented or if Swiss data protection legislation or another legal provision orders or allows it.

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Free-Up, including all employees of Free-Up, is subject to confidentiality. However, Free-Up reserves the right to lift confidentiality if a risk of self-harm or harm to others becomes visible. In this case, Free-Up will contact a professional entity.

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The data protection regulations on www.free-up.ch also apply.

 

8. Copyright and Terms of Use

The copyright for all documents, concepts, drafts, or other materials created by Free-Up as part of the service remains with Free-Up.

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All material in any form created by Free-Up as part of a service or provided to the clientele as part of service provision may only be reproduced, published, or made publicly accessible with the express and written consent of Free-Up. It may not be used for a similar service, revised, rewritten, or otherwise altered or adapted.

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Photo, Video, and Audio Recording

Without the explicit consent of Free-Up, the clientele is not allowed to take photo, video, or audio recordings. A campaign with visual material (especially featuring Free-Up employees/speakers) on social media requires written consent from Free-Up.

 

9. Liability

The offered services (individual coaching, Taoist face reading, workshops, or course offerings) are pure service activities. Success is neither guaranteed nor owed. Any liability is therefore excluded. The clientele is personally insured or insured by their employer. The dispatch or electronic transmission of any data is at the clientele's own risk.

 

10. Jurisdiction

The place of jurisdiction is the District Court Rheinfelden, Canton Aargau. Swiss law applies.

 

11. Supplementary Provisions

Free-Up reserves the right to make any changes to these General Terms and Conditions.

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Should provisions of these General Terms and Conditions or other agreements be wholly or partially ineffective, unenforceable, or incomplete, a rule that leads to a reasonable, objective interest balance for both contracting parties will replace them or fill a regulatory gap. If the contracting parties cannot agree on this rule despite this, Swiss law at the time of the dispute applies.

 

 

Kaiseraugst, September 12 2022

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