Terms and Conditions

1 Scope

The general terms and conditions apply to the business activities of Marc Engel Coaching & Consulting. Marc Engel Coaching & Consulting offers consulting services in the field of coaching. He carries out this activity as a freelance consultant. These general terms and conditions apply to the services that Marc Engel Coaching & Consulting (hereafter referred to as “Marc Engel”) provides directly or indirectly to the customer.

2 Formation of a Contract

The contract is formed by accepting Marc Engel’s offer with regards to purchasing his services, products or licenses by the customer.

3 Prices

Subject to other offers all prices are in Swiss Francs (CHF). All prices are exclusive of potentially applicable value-added taxes (VAT).

4 Payment

The customer is obliged to pay the invoiced amount within 30 days of the invoice date. If the amount is not be paid within the aforementioned payment period, the customer will receive a notice. If the customer does not pay the amount within the set notice period, the customer will be automatically in default. From the time of default the customer shall owe interest on arrears at a rate of 5%.

Offsetting of the invoiced amount against a possible claim of the customer against Marc Engel is not permitted.

Marc Engel is entitled to refuse to provide services in case of default of payment.

5 Duties of Marc Engel

Provision of Services

Unless otherwise agreed, Marc Engel shall fulfill his obligations by providing the agreed services. The service incorporates the services that were defined at the formation of the contract. A major part of Marc Engel’s services are provided online. For all other services the place of fulfillment is where Marc Engel is based, unless otherwise agreed upon.

6 Duties of the Customer

6.1 Exercising of Usage Rights

The Customer is obliged to take all precautions necessary for Marc Engel to provide the services. The customer shall make the arrangements for the agreed place, time and scope. Depending on the circumstances this can include providing Marc Engel with suitable information and documents.

6.2 Obligation to Cooperate

Furthermore, the customer is obliged to cooperate comprehensively and promptly. The customer shall provide Marc Engel with any and all documents required in connection with the provision of services without being requested to do so and in full and with correct contents. Marc Engel assumes that the provided information and documents are correct and complete and comply with the legal obligations to cooperate and duties of disclosure. Under no circumstances shall Marc Engel be responsible for checking the correctness and accuracy of information, documents and figures provided by the customer.

7 Withdrawal

7.1 Services

Both parties have the right to withdraw from the contract at any time. The withdrawing party shall fully compensate the other party for any expenses already incurred. Withdrawal at inopportune times is not permitted. The customer will be charged for the costs caused by the withdrawal. The exact amount will be communicated to the customer upon formation of the contract.

8 Upgrade / Add-on

An upgrade from a smaller to a larger package is possible at any time. However, the downgrade is excluded. If the customer has chosen a larger package and does not use all services, he has no right to a refund.

Add-ons selected for the package cannot be deselected at a later date. If the service of an add-on has been provided, it will be fully charged, and any reimbursement of unused add-ons will be excluded.

9 Non-contractual Warranty

9.1 Webpage

Marc Engel makes every effort to ensure that www.engel.coach is readily available and takes reasonable precautions to protect www.engel.coach from interference by third parties. However, he cannot guarantee that www.engel.coach and the services offered will function without interruption or disruption, nor can he guarantee that the files are free of viruses.

Marc Engel is not liable for illegal interventions by third parties.

9.2 General

Marc Engel does not guarantee the factual and content-related correctness, completeness and reliability or quality of the information and documents published or transmitted. Furthermore, he cannot give any warranty for spamming, malicious software, spyware, hackers or phishing attacks etc. that impair the use of the service, damage the infrastructure (e.g. end devices, PC) of the customer or damage the customer in any other way. Marc Engel cannot guarantee the factual and content-related correctness, completeness and reliability or quality of the information and processes provided, published or transmitted, as well as the work result of the services. Marc Engel must be notified immediately of any problem.

10 Liability

The liability for any indirect and consequential damages is completely excluded. The liability for direct damages is limited to the sum of the service purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report any damages to Marc Engel immediately.

Any liability for auxiliary persons is completely excluded.

11 Intangible Rights

Marc Engel is entitled to all rights to the products, services and possible trademarks or he is authorized to use them by the owner. Neither these general terms and conditions nor individual agreements include the transfer of intellectual property rights, unless this is explicitly mentioned. In addition, any further use, publication and making available of information, pictures, texts or other things which the customer receives in connection with these terms and conditions is prohibited, unless explicitly approved by Marc Engel.

If the customer uses contents, texts or pictorial material in connection with Marc Engel in which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.

12 Data Protection

Marc Engel may process and use the data recorded within the scope of the formation of the contract to fulfill the obligations arising from the contract. Marc Engel shall take the measures required to secure the data in accordance with the statutory provisions. The customer agrees in full to the storage and contractual use of his data by Marc Engel and is aware that Marc Engel is obliged and entitled to disclose information from the customer to courts or authorities by order of those or third parties. If the customer has not expressly forbidden it, Marc Engel may use the data for marketing purposes as well as pass it on to partners for advertising purposes. The data necessary for the performance of services may also be passed on to commissioned service partners or other third parties.

Furthermore, the data protection regulations apply.

13 Amendments

These general terms and conditions can be changed by Marc Engel at any time. The new version comes into force by publication on the website of Marc Engel.

For customers, the version of the general terms and conditions that is in force at the time of the conclusion of the contract shall generally apply, unless the customer has agreed to a newer version of the general terms and conditions.

14 Priority

These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts, which specify the provisions of these general terms and conditions, take precedence over these general terms and conditions.

15 Severability Clause

Should a provision of this contract or an enclosure of this contract be or become invalid, the validity of the contract as a whole shall not be affected. 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 also apply to any contractual loopholes.

16 Confidentiality

Both parties, as well as their assistants, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force also after the termination of the contract.

17 Higher Power

If timely fulfillment by Marc Engel, his suppliers or third parties is made impossible due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, Marc Engel is released from the fulfillment of the affected obligations for the duration of the force majeure as well as an appropriate start-up period after its end. If the force majeure lasts longer than 30 days, Marc Engel may withdraw from the contract. Marc Engel shall reimburse the customer in full for any payments already made.

Any further claims, especially claims for damages due to vis major, are excluded.

18 Applicable Law

These general terms and conditions are subject to Swiss law. As far as no mandatory legal provisions apply, the court at Marc Engel’s place of business shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.