Gunia Consulting Terms and Conditions
Scope
These terms and conditions ("Terms") apply to the access to, and the use of the recruitment and career coaching, other related services (the "Services") offered by Gunia Consulting GmbH, Alte Landstrasse 85, 8803 Rüschlikon, Switzerland, Switzerland ("Company"), as well as access to the website https://www.guniaconsulting.com and related websites (together the “Website”).
These Terms will apply from the moment a user (the “User”) accesses the Website or in any other way requests the provision of Services from the Company. If the User does not agree to these Terms, the User shall not request offers for, access and/or make use of the Services or the Website.
Services & Website Access
The Services are available through the Website or by direct contact with the Company.
An overview of provided Services, pricing list, available subscription plans, and specific instructions on how to use the Services may be found on the Website or will be provided to the User before concluding the Agreement. These Terms, together with all other referenced documents, form a legally binding agreement ("Agreement") between the Company and the User.
The Company may send the User a quote for a specific project. By using the quoted Services, the User accepts quote. If not agreed otherwise, quotes are valid for 30 days.
The Website is accessible to the User in their then-current version and according to the Terms. The content on the Website serves for informational purposes only, and the User is in no way entitled towards the Company from the use of the Website.
Payment
The Services are subject to the fees defined on the website or individually communicated by the Company. The User must pay the fees via the payment methods made available by the Company.
Invoices are due within 14 days. Late payments result in an interest rate of 5% p.a.
If not explicitly stated otherwise, all fees are in CHF and excluding VAT and other applicable taxes.
If not agreed otherwise, the Company may request an upfront payment prior to starting the delivery of the Services. The Company may also change its fees from time to time. Any price changes will apply no earlier than 30 days following notice to the User.
In case the User does not pay the applicable fees as agreed between the parties and after notice of non-payment, the Company reserves the right to immediately cease the provision of Services to the User. In case of suspension, the User remains liable for all charges and fees incurred during the suspension period.
Except where prohibited by law, all fees are non-refundable.
Rights & Obligations of Company
The Company will provide the User with the Services as agreed in the Agreement.
The Company may amend the Terms, including the applicable fees, from time to time at its sole discretion by updating the Terms on the Website. During the term of an ongoing and insofar as reasonable possible, the Company will electronically notify the User of any material changes to the Terms. The User should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The User's continued use of the Services following any amendments indicates acceptance of the changes to the Terms.
The Company uses reasonable care and skill to perform the Services in accordance with the Agreement. The Company does not guarantee any results to the User from the Services provided.
The Company may subcontract third parties for any of its obligations under the Agreement at its own expense.
Rights & Obligations of User
The User agrees to use the Services in compliance with this Agreement and all legal and moral obligations applicable in the territory where they are located.
The User is obliged to provide the Company with all necessary information, documents, materials, information, perform any necessary tasks within the scope of the Services and anything else reasonably required for the provision of Services. The User may not circumvent or attempt to circumvent any rules defined between the Parties, namely related to the confidentiality and security of the information shared within the scope of the Services and may not use them in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect.
If the provision of Services under this Agreement is delayed due to the User's failure to comply with his duty to cooperate or due to other circumstances for which the User is responsible, the User shall bear the disadvantages and additional costs incurred.
The User has no right to share, redistribute, commercially use, or provide any other form of direct or indirect access for other parties to the Service or any part of it, including underlying know-how, materials, data or other deliverables obtained wholly or in part by using the Services unless explicitly allowed by the relevant license or agreed between the parties.
Term & Termination
For fixed-term Services, the Agreement between the parties remains in full force and effect for the duration defined between the Parties.
For subscription-based Services, either party may terminate towards the end of each subscription period by notifying the other party in text form at least 30 days before the end of such subscription period. Subscription-based services are subject to automatic renewal at the end of the subscription period, unless terminated in accordance with these Terms. Unless otherwise agreed, the default subscription period of subscription Services is one month.
Either party may terminate the Agreement at any time with immediate effect if the other party is in material breach of the Agreement. This includes in particular User’s failure to pay on time.
Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.
Intellectual Property
Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the Services or any part of it remain vested in the Company.
Confidentiality & Data Protection
The Company collects and processes personal data as described in its Privacy Policy available at [link]. The Company protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.
The parties treat the confidential information of each other with adequate confidentiality standards and process the personal information only as needed. The User may be required to sign a Non-Disclosure Agreement by the Company. The User authorizes the Company to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve its services or for analysis purposes.
Liability & Indemnity
The Company is fully liable to the User for damages resulting from the Company’s gross negligence or willful misconduct. In all other cases, The Company’s liability under these Terms is excluded to the maximum extent permitted under applicable law.
The Company will not be held liable for inaccuracy or incompleteness of the Services, or the incompatibility of the Services with any specific objectives that the User is hoping to achieve.
The User agrees to indemnify, and hold the Company harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) breach of this Agreement or any legal regulation by the User, its employees or other persons acting on behalf of the User; (ii) any breach of User's representations and warranties set forth in the Agreement; (iii) User's violation of the rights of a third party; (iv) User’s infringement of confidentiality and Intellectual Property obligations defined between the Parties within the scope of the Agreement.
Neither party shall be liable for any failure to perform its obligations under this Agreement (other than payment obligations) caused by circumstances beyond the parties’ reasonable control (force majeure).
Neither party may recover from the other party, regardless of the legal reason, any amount with respect to loss of profit, data, or goodwill, or any consequential, incidental, indirect, punitive, or special damages in connection with claims arising out of this Agreement or otherwise relating to the Services, whether or not the likelihood of such loss or damage was contemplated, unless this is mandatory by law.
Warranties & Representations
The User acknowledges that the Services are provided "as is" and "as available", and that the Company makes no warranties or representations of any kind related to the Services, the expected results, or the information and materials contained thereon. The Company makes the Services available to the User and uses reasonable care and skill in the performance of the Services. The Company does not guarantee that the Services are error-free and will function without any interruption or disruption. Any further warranty is excluded.
Miscellaneous
Entire Agreement: The Agreement constitutes the entire agreement between the Company and the User, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.
Any deviation from the Terms not anticipated by the Terms requires an explicit reference to the altered clause of the Terms. General Terms and conditions of the User are excluded unless they have been expressly accepted by the Company.
Notices: Notices must be given in writing, including e-mail, and need to be communicated:
- To Company's attention: via email to: office@guniaconsulting.com;
- To User's attention: by publishing on the Services or via email to the last e-mail address provided for this purpose by the User. It is the User's responsibility to keep provided contact information current.
No Assignment: The User may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of the Company.
Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.
Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of the Company has exclusive jurisdiction for all disputes arising from or in connection with the Terms (unless there’s a mandatory other jurisdiction).
Links: The Services may contain third-party content or links to third-party websites. The Company does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.
