1. Scope

These General Terms and Conditions (GTC) apply to all business dealings between Free-Up GmbH (hereinafter referred to as Free-Up) and the customer or company (hereinafter referred to as the client). They apply for the entire duration of the business relationship. By placing a verbal or written order for one or more services or products, the client recognises and accepts these GTC. They also apply to future transactions or orders with the same client without the terms having to be sent again. Special agreements are only binding if they have been agreed and confirmed in writing in advance.

 

2. Conclusion of contract

A legally valid contract between the client and Free-Up is concluded when a service or product is ordered or scheduled with Free-Up and provided by Free-Up online or offline.

 

For clients of individual coaching and face reading, as well as clients of workshops or courses, the rights and obligations under the Swiss Code of Obligations apply. The contract is concluded when the relevant service is scheduled or the client registers for it.

 

For workshops or services for companies, the contract is concluded when the corresponding quotation is accepted.

 

3. Client's duty to cooperate

The services, in particular coaching, are based on the preparatory conversations held between the parties. They rely on cooperation and mutual trust. Please note that coaching is a voluntary, active and self-directed process and that specific results cannot be guaranteed. Free-Up supports the client as a process facilitator and in decisions and changes – the actual work of change is done by the client.

 

4. Terms of payment

As a rule, the terms of payment confirmed by Free-Up are binding. Once the payment deadline has passed, the client is automatically in default. In the event of late payment, the client will be charged a reminder fee of CHF 30 (administrative charge). The client may not withhold payments on account of complaints or other counterclaims. Debt collection fees for overdue invoices will also be charged to the client.

 

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

 

As a rule, the payment deadline is 10 days from the invoice date. Current prices are shown on the Free-Up website, are in Swiss francs and include VAT. Free-Up reserves the right to adjust prices. Existing contracts for individual coaching or courses/workshops already booked in accordance with section 2 are not affected.

 

5. Expenses

For services outside the Basel region, travel time is charged at an hourly rate of CHF 120. For train journeys, the actual ticket price is charged (2nd class for journeys under 1 hour and 1st class for journeys over 1 hour). For car journeys, the additional cost is CHF 0.70/km (outward and return journey).

 

All prices stated can be agreed individually.

 

6. Cancellation terms / cancellation fees

 

Individual coaching / face reading:

Individual coaching or face reading appointments can be cancelled free of charge up to 24 hours before the appointment. For appointments on a Monday, cancellation is possible until 12:00 on the preceding Friday. After that, the full fee is payable.

 

Workshops & courses:

Courses or workshops can be cancelled free of charge up to 3 weeks before they start. After that, and up to and including 7 working days before the start, Free-Up charges 50% of the course/workshop fee. For cancellations less than 7 working days before the start, the full fee will be charged. However, moving to another date is possible free of charge up to 3 days before the start.

 

Cancellations must always be made in writing (email, text message or WhatsApp).

 

7. Confidentiality

Free-Up undertakes to maintain unlimited confidentiality towards third parties regarding all operational, business and private matters of the client that become known in the course of its activities, including after the end of the contract or assignment.

 

The legal basis for handling the client's personal data is Swiss federal data protection legislation. The client's personal data is only collected, processed or used if the client has given consent or if Swiss data protection legislation or another legal provision requires or permits it.

Free-Up – including all Free-Up employees – is bound by professional confidentiality. However, Free-Up reserves the right to lift confidentiality if there is a visible risk of harm to self or others. In this case, Free-Up will contact a professional body.

 

The privacy policy on www.free-up.ch also applies.

 

8. Copyright and terms of use

The copyright to all documents, concepts, drafts or other materials created by Free-Up in the course of providing its services remains with Free-Up.

 

All material in any form that is created by Free-Up as part of a service or made available to the client in the course of providing a service may only be reproduced, published or made publicly accessible with the express written consent of Free-Up. In particular, it may not be used, revised or rewritten for the provision of similar services, or otherwise altered or adapted.

 

Photo, video and audio recordings

The client may not make any photo, video or audio recordings without the express consent of Free-Up. A campaign on social media using images (in particular images of Free-Up employees or speakers) requires the written consent of Free-Up.

 

9. Liability

The services offered (individual coaching, Taoist face reading, workshops or courses) are purely services. Success can neither be guaranteed nor is it owed. Any liability is accordingly excluded. The client is insured personally or through their employer. The sending or electronic transmission of any data is at the client's own risk.

 

10. Place of jurisdiction

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

 

11. Supplementary provisions

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

 

Should any provisions of these General Terms and Conditions or other agreements be wholly or partly invalid, unenforceable or incomplete, they shall be replaced, or the gap filled, by a provision that, from a reasonable and objective point of view, leads to a fair balance of interests for both contracting parties. Should the contracting parties be unable to agree despite this rule, the Swiss law in force at the time of the dispute shall apply.

 

 

Kaiseraugst, 12 September 2022

 

This is a translation for information purposes. In the event of any discrepancy, the German version shall prevail.