TERMS & CONDITIONS
The Terms & Conditions apply to all interactions and relationships between You and Creablin’ GmbH. By accessing our Website, including all materials presented there, and / or by working with Us, you are consenting to these Terms & Conditions and confirm that you understand them and agree with them.
1 TERMS USED
The terms in these Terms & Conditions (TC) have the following meaning:
- Agreement: the Engagement Agreement between You and Us that specifies the services to be delivered by Us to You and the applicable Fee
- Client or You: the party working with Us or accessing our Website
- Creablin’ or We: Creablin’ GmbH, with a registered seat in Zollikon, Switzerland, under the number CHE-165.517.906
- Fee: the agreed amount for delivery of Our Service including all relevant expenses as per the Agreement
- Service: the agreed work to be performed and delivered by Creablin’ to You, as specified in the Agreement. The Service will typically be:
- Service Package: applied design thinking methodology as specified in the Agreement
- Coaching Package: package for individual coaching including special tools
- Website: http://www.creablin.com/ and any other related sites and social media profiles.
The TC are applicable to:
- all Agreements under which We perform Our Services
- all offers and/or proposals made by Us
- all use of Our Website
- any relationship existing between us from the above
Any provisions deviating from these TC is valid only if and insofar as We have expressly and in writing confirmed it to You.
If any clause in these TC is invalid or is held to be invalid, the remainder of the TC remains in force to the extent possible and the invalid clause shall be replaced in consultation between the Parties by a clause which reflects the intent of the original clause as closely as possible.
3 WORKING TOGETHER
3.1 DATA AND INFORMATION
We can start working for You only when You have submitted all the data and information which We requested in our Agreement. Any additional costs that may arise as a result of delay in providing the data or information will be for Your account. Any delay in delivering the requested data and information to Us can also impact the agreed timeline and delivery dates.
You are obliged to notify Us of any facts and circumstances that may be relevant for the Services that we are delivering for You. You guarantee that the data and information provided by or on behalf of You to Us is accurate, complete, reliable and lawful.
You are responsible for compliance with the applicable laws and regulations in the field of personal data protection, also in respect of the submission or provision to Us of personal data pertaining to personnel, clients or third parties, even if such data have originated from third parties or have been provided by third parties on Your instructions.
3.2 COMMUNICATION AND COLABORATION TOOLS
We may communicate with each other by means of electronic mail, using external third party collaboration, scheduling, document sharing and payment platforms and tools. Certain risks are always associated with the use of internet, online platforms and email.
These risks can be: information distortion, delay, interception, manipulation, cybercrime and viruses. We are not liable for any damage that may ensue from our online collaboration and communication.
For use of the external third party platforms and tools are applicable the relevant third party terms and conditions and policies. It is your responsibility to ensure that you are aware of them and agree with them.
4 DELIVERY OF THE SERVICES
We determine how We will deliver the agreed Services. We will perform the Service to the best of our ability and with a due professional care. However, we cannot guarantee the achievement of any specific results or outcomes unless explicitly stated in the Agreement.
4.2 INTELLECTUAL PROPRETY RIGHTS
Any intellectual property rights co-developed by US during the delivery of Our Services, are Your intellectual property.
The only exception is if any of the used materials, frameworks or models are explicitly marked as Our intellectual property. In such case it cannot be distributed, displayed or reproduced in whole or in part without Our prior written consent.
We will observe confidentiality vis-à-vis third parties regarding all data and information that was provided to Us during the delivery of Our Services. This obligation shall not apply in the event of a statutory or professional duty to disclose the relevant information or if You have released Us from this obligation.
Additionally, all information provided to Us during the delivery of Our Services is confidential between the individual provider of the information and Us. This is specifically applicable if any of our Services include individual coaching.
We will only be entitled to use the information made available to Us by You for the purpose of which it was provided.
Without Our express prior written permission, You cannot disclose or make available to third parties in any other way, any report, advice, opinions of or other statements made by Us.
5 FEE AND PAYMENT
5.1 GENERAL PAYMENT TERMS
The Fee for delivery of Our Services, as specified in the Agreement, including any related expenses, is payable directly to Us as per instructions specified in Our invoice.
Payment shall be made in Swiss Francs or other currency if mutually agreed, without any deduction, discount, charges or set-off.
5.2 CUSTOMISED SERVICES FEE
The Fee amount is based on clearly indicated effort estimate. Shall the effort estimate change more than 10% – We will notify you as soon as We became aware of the change. In such case the Fee amount will be proportionately adjusted – subject to Your approval. The basis for the adjustment will be Our quoted standard rates. If we cannot reach an agreement on the adjusted Fee amount – the scope of the work will be adjusted to fit the original Fee amount.
5.3 CUSTOMISED SERVICES PAYMENT TERMS
The General payment terms are applicable.
- for Services with agreed delivery time within 20 business days, the full Fee amount, including expenses, is payable after delivery of the Service
- for Services with agreed delivery time of more than 20 business days, the Fee for the Services delivered, and incurred expenses will be invoiced in monthly instalments by the end of each calendar month
5.4 SERVICE PACKAGE PAYMENT TERMS
The General payment terms are applicable.
Additionally: The full Fee is payable prior to delivery of the Coaching Service, latest within 20 business days since the signing of the Agreement.
5.5 LATE PAYMENTS
In case of a late payment, We will send You one email reminder. In case the overdue amount is not paid in full in the next 10 business days, an additional late payment charge of 5% per month on the overdue amount will be applicable. All extra costs incurred by Us in connection with the collection of any overdue amounts are on Your account.
6.1 CUSTOMISED SERVICES REFUNDS
If the Customised Service is for whatever reason no longer required by You, after signing of Our Agreement, the Fee will be refunded to You after deducting 30% of the Fee and any already incurred expenses if we did not commence any Service delivery yet.
If part of the Services was already delivered, the Fee will be refunded after:
- deducting the already delivered Services calculated based on the Engagement Agreement standard quoted rate or 30% of the Fee (whichever is higher); and
- all already incurred expenses.
If there is any obstacle on Your side to deliver the Service as per our Agreement (timeline and delivery dates) the proportionate Fee amount is still applicable unless We are notified by You of the change minimum 2 weeks prior to the date in question in writing.
6.2 COACHING PACKAGE REFUNDS
If you for whatever reason cannot attend the scheduled coaching session and did not notify Us minimum 48 hours prior – the coaching session will forfeit.
If you are for whatever reason not satisfied with the Coaching Services, You can ask for proportionate refund at any time during our work together. You will receive refund of the remaining part of the Fee – after deducting the proportion for coaching services already delivered, administrative fee of CHF 100 and any already incurred costs (e.g. for third party tools used).
6.3 TERMINATION BY CREABLIN’
We reserve the right to terminate the Services and Packages contracted if We believe that it is not in mutual interest to deliver them. If we decide to terminate, We will inform You well in advance and refund the remaining Fee as per the conditions in Article 6.1 and 6.2
6.4 GENERAL REFUND CONDITIONS
You will be refunded within 20 business days after we received your refund request in writing. Unless you specify otherwise, we will refund you the amount as per the payment information at Our disposal.
7 WEBSITE RULES OF USE
To access or use Our Website, You must be minimum 18 years or older and have the requisite power and authority to consent to the TC. Information provided on the Website is subject to change. We make no representation or warranty that the information provided, is accurate, complete, reliable, current or error-free.
You may use the Website and provided tools for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
You agree that under no circumstances are We liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of Your use of Our Services or Website.
We are not liable for any damages in connection with
- any failure to reach specific results or outcomes from delivery of our Services
- any results of any decisions, choices, actions taken, directly or indirectly, in relation to our Services or Website, whether personal (including physical and mental health), professional, business or other
- any inaccuracy, error or incompleteness of the published information on Our Website
- any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure;
- any loss of revenue, anticipated profits, business, savings, goodwill or data; and
- any third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property.
Our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total Fee of the Service, and if no purchase has been made by You our cumulative liability to You shall not exceed 100 CHF.
All claims against Us, regardless of their nature, shall expire one year after the date You have become aware or could reasonably have become aware of the existence of such a claim.
You shall indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, legal and other fees, arising out of any breach by You of any of these TC, or any use by You of the Service or our Website. You shall provide Us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing Us with such information, documents, records and reasonable access to You, as We deem necessary. You shall not settle any third party claim or waive any defence without Our prior written consent.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
11 FORCE MAJEUR
War, industrial action, blockade, lock-out, intervention by public body, fire, explosion or any other circumstance beyond the parties’ reasonable control, exempts the parties from fulfilling their obligations under the Agreement, to the extent it prevents the fulfilment of the Agreement or makes such fulfilment unreasonably burdening. If a completion date has been set such date is suspended. The parties bear their own expenses resulting from the extraordinary circumstances.
12 CHOICE OF LAW AND JURISDICTION
All agreements between You and Us shall be exclusively governed by Swiss law. Disputes shall be submitted to the competent court in the place in which Our registered seat is situated. If we mutually agree in writing otherwise, a different manner of dispute settlement may be selected.