§1 Scope

 

(1) If you (hereinafter: “customer”) from us, barbara ceccarelli, Eija 105A, 3914 Blatten b. Naters, Switzerland

 

- Subscribe to newsletters / mailings

 

- and/or use services/services

 

- and/or enter into consulting/coaching contracts

 

- and/or book seminars/events with us, 

 

the exclusive validity of these general terms and conditions (GTC) is agreed by us. We do not permit the use of our offers without prior acceptance of our General Terms and Conditions.

 

(2) Before using our services, you confirm that you are an entrepreneur within the meaning of Section 14 of the German Civil Code and that you are using our services or entering into related contracts with us solely for the purpose of building up or expanding your (secondary) commercial activity.

 

(3) All agreements made between you and us in connection with the respective contract result from these conditions and from individual consultation with you.

 

(4) The version of our GTC that was valid before the use of our services is decisive.

 

(5) We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.

 

 

§2 Subject of the contract

 

(1) With the brand "barbara ceccarelli und sovolution" we offer our customers in particular the participation, provision and implementation of coaching, seminars and consulting services - multimedia, video-based, telephone and also stationary. Depending on your booking, the coaching and consulting services are standardized or individualized. The respective service description results directly from our offers.

 

(2) We provide services for the customer in the field of business consulting and personality development. Unless otherwise expressly agreed in writing, we do not owe the provision of a work in this respect either. In particular, we can only predict the success of certain coaching measures based on empirical values. The customer is aware that we are not responsible for any success in this regard. If separate remuneration has been agreed for achieving a certain level of success in a coaching measure, this will be paid as a success-related bonus. In principle, however, there is no entitlement to achieving concrete success.

 

(3) With regard to the content of a coaching, service and/or consulting contract entered into with us, we have the right to determine performance.

 

(4) The customer is obliged to cooperate within the framework of the contractual relationship. He will provide the necessary cooperative actions immediately upon our first request.

 

 

§3 Conclusion of contract

(1) The presentation and advertising of our services/services on our websites, brochures or within advertisements (e.g. on Facebook) does not constitute a binding offer to conclude a contract with us.

 

(2) The contract between us and the customer can be concluded by telephone (video chat, telephone, etc.) or in writing. If the contract is concluded by telephone, the customer has no right to receive the contents of the contract again in writing from us, unless otherwise agreed.

 

(3) Contracts between us and the customer are concluded by telephone through corresponding declarations of intent. The customer agrees that we record the phone call with him and/or the respective video chat for evidence and documentation purposes.

 

(4) We will immediately confirm receipt of your orders and orders placed via our websites / video chat by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless acceptance is also declared in addition to confirmation of receipt. This is particularly the case if you are granted direct access to your order (e.g. through access to the password-protected participant platform).

 

(5) If the performance of the services you have ordered is not possible, for example for technical reasons, we will refrain from a declaration of acceptance. In this case, a contract does not come about. We will inform you of this immediately and, if necessary, immediately refund any consideration already received.

 

 

§4 Prices and provision of services

 

(1) All prices given by us are net prices and do not include the statutory value-added tax.

 

(2) Our services are provided at the times specified in the main contract with the customer.

 

(3) Unless otherwise agreed with us, the customer is obliged to perform in advance. The agreed remuneration is due immediately upon conclusion of the contract.

 

 

§5 Termination, Term

 

(1) The contract is firmly concluded for the term agreed in the respective main contract.

 

(2) Unless otherwise agreed between us and the customer, the contract period is extended by the duration of the initial period unless one of the contracting parties has terminated the contract at least 4 weeks before the end of the initial period or the extended period (= notice period). Terminations must be in writing to be effective.

 

(3) Premature / free termination rights of the customer within the contract period are excluded.

 

(4) The right to termination without notice for good cause remains unaffected.

 

(5) In the event of early termination by the customer for an important reason, our claim to remuneration remains unaffected. The customer reserves the right to prove that we have suffered no or significantly less damage.

 

 

§6 Default

 

(1) Deadlines for the provision of services by us do not begin before we have received the invoice amount in full and, as agreed, the data required for the services are available to us in full or the necessary cooperation actions have been provided in full.

 

(2) If the customer is in arrears with payments due, we reserve the right not to carry out further services until the outstanding amount has been settled.

 

(3) If the customer is in arrears with a payment due to us in the event of payment in installments, we are entitled to terminate the contract extraordinarily and to discontinue the services. We will claim the entire remuneration that is due by the next ordinary termination date as damages. Saved expenses are to be deducted.

 

 

§7 Fulfillment

 

(1) We will carry out the agreed services according to the offer with the necessary care. We are entitled to use the help of third parties / service providers.

 

(2) It is agreed that we owe the provision of services and not the production of a work, unless otherwise expressly agreed in writing.

 

(3) If we are prevented from providing the agreed services and the reasons for the hindrance stem from the customer's sphere, our claim for payment remains unaffected.

 

 

§8 Conduct and Consideration

 

(1) The customer has to guarantee the usual behavior of an honest entrepreneur towards us. We reserve the right to prosecute any illegal and/or inappropriate or unfounded statement about our company and our services, be it by customers, competitors or other third parties, in particular untrue statements of fact and abusive criticism, and to bring criminal charges without prior notice.

 

(2) When participating in our programs and services, the customer must promote the smooth progression of the content and ensure appropriate behavior towards us and the other participants. However, if the customer impairs the operation of our programs and services through inappropriate behavior, we will ask the customer once to stop the impairments. If this happens again, we are then entitled to temporarily or permanently exclude the customer from our programs and services. Our right to compensation in these cases remains unaffected.

 

 

§9 Rights of Use

 

(1) We have exclusive copyright exploitation rights to all images, videos, texts, webinars, databases, etc. that we publish (e.g. on Facebook or on password-protected platforms). Any use of this content is not permitted without our consent.

 

(2) The customer receives a simple right of use with regard to the content stored by us in the password-protected member area exclusively for the duration of the contract period. This right of use serves to implement the contract concluded individually with the customer.

 

(3) The access and logins to our programs, content and platforms are granted to the customer exclusively for the duration of the booked contract period and usually personally. Passing on the provided access, login data and the content of our member platforms to third parties who have not been authorized by us to the customer is strictly prohibited. In the event of violations of the aforementioned obligation, an appropriate contractual penalty, the amount of which is to be determined by us at our reasonable discretion depending on the program and which can amount to up to CHF 15,000 in individual cases, is deemed to be forfeited. Access by company employees/employees of the customer can in principle be approved, but must be expressly approved and confirmed by us to the customer.

 

(4) By using our member platforms, the customer agrees to the evaluation of individual user behavior and the collection of the associated data (including IP and MAC addresses), which may have personal references, on the respective platform by our company and the use of corresponding software for the duration of the contract period.

 

(5) Violations of our company and business secrets as well as our copyrights will always be prosecuted under civil law and reported to the competent investigating authority under criminal law.

 

(6) The customer does not receive any right of use in relation to advertising texts / advertisements published by us on our websites or within forums / groups.

 

 

§10 Terms of payment, SEPA direct debit, invoice, credit card

 

(1) The payment for our services is generally due in full upon conclusion of the contract, unless the individual contractual agreement with the customer states otherwise.

 

(2) You can choose to transfer the price owed to one of our specified accounts, give us a (LSV) direct debit authorization or pay by credit card. In the case of a (LSV) direct debit authorization or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the point in time regulated in paragraph 1. A (LSV) direct debit authorization granted to us also applies to further orders until revoked.

 

(3) Payment for the booked services/consultation is only possible in advance using the LSV direct debit procedure. For this purpose, you are obliged and declare your consent to send us a written LSV direct debit mandate signed by you immediately after the telephone call to: info@barbaraceccarelli.ch (in advance) and barbara ceccarelli, Eija 105A, 3914 Blatten b. Naters, Switzerland (by post afterwards). You should use the following template for this:

 

I authorize barbara ceccarelli, Eija 105A, 3914 Blatten b. Naters, Switzerland, represented by the managing director Barbara Ceccarelli, and his vicarious agents, recurring, due payments from my account

 

IBAN:

 

to be collected by means of a LSV basic direct debit. At the same time, I instruct my bank to redeem the direct debits drawn on my account by barbara ceccarelli, Eija 105A, 3914 Blatten b.Naters, Switzerland. I can request reimbursement of the debited amount within eight weeks, starting with the debit date. The conditions agreed with my bank for payments by direct debit in the LSV basic direct debit procedure apply.

 

First name and last name of the account holder

 

Street and house number of the account holder

 

Postal code and location

 

Credit institution (name and BIC)

 

IBAN:

 

Place and date

 

Signature of account holder

 

(4) Entrepreneurs and merchants will receive an invoice for the booked services upon request (e-mail).

 

 

§11 Liability

 

(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

 

(2) In other cases, we are only liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely, limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

 

(3) Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

 

(4) As part of his duty to cooperate, the customer is obliged to only provide us with image/video/sound material that is free of third-party rights. In this respect, the customer fully indemnifies us from any claims by third parties due to the infringement of intellectual property.

 

 

§12 Right of Withdrawal

 

We only enter into contracts with entrepreneurs and executives. There is no right of revocation for contracts entered into by telephone with entrepreneurs.

 

 

§13 Data protection, consent to data processing and contact

 

(1) The protection of personal data is our top priority. We therefore inform you separately in our data protection declaration about the collection, storage and processing of personal data and about the rights of those affected in this regard. You confirm that you have read and agree to our privacy policy before using our services.

 

(2) You revocably consent to our company contacting you by means of long-distance communication (e.g. e-mail, SMS, telephone, messenger services). If you object to us contacting you, you must send us an email to: info@barbaraceccarelli.ch. In your objection e-mail, you must state all contact options that we are no longer allowed to use to contact you. Incompleteness in this regard is not at our expense. The actual receipt of your e-mail by us is decisive.

 

(3) You revocably agree to the storage and processing of all personal data you have left with us (e.g. application form: name, address, telephone number, e-mail address, personal interests, financial circumstances, hobbies, character questions). You revocably consent to the use of cookies within our services, to the evaluation, storage and compilation of your user behavior and to the processing and transmission of your personal data and user profiles left by us for marketing and advertising purposes to third-party companies from non-EU/EEA countries).

 

 

§ 14 Participation in seminars and events

 

(1) If you book the participation in seminars or events with us, your booking is binding. We usually confirm the booking by email.

 

(2) The customer is only entitled to withdraw from his booking if there is an important reason in accordance with the provisions of paragraph 3. The customer is obliged to provide us with qualified evidence of the important reason together with the declaration of withdrawal.

 

(3) If we receive the declaration of withdrawal for an important reason up to 6 weeks before the start of the event, processing costs amounting to 35% of the respective participation fee will be incurred. Less than 6 weeks and up to 3 weeks before the start of the event, 50% of the participation fee is due. In the event of a declaration of withdrawal (received by us) less than 3 weeks before the start of the event, the full participation fee will be charged.

 

However, the customer reserves the right to prove that we have suffered no damage or a significantly lower damage than the amount of the aforementioned flat rates.

 

(4) A substitute participant may only be provided with our prior consent.

 

 

§ 15 Applicable Law, Place of Jurisdiction

 

(1) Swiss law applies.

 

(2) The courts in Brig are exclusively responsible for all disputes arising from the contractual relationship between us and the customer. However, we are entitled to assert our claims against the customer at the customer's general place of jurisdiction.

 

(3) The contract language is German.

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Part II - Special regulations for participation in our coaching programs, member platforms, seminars and training courses

 

§ 1 Netiquette

 

(1) Within the framework of the contractual relationship with our company, the customer must always treat other participants/customers and our employees with respect.

 

(2) In the event of culpable violations, we are entitled, after a single advance warning, to temporarily or permanently block the customer's access to our program and training content at our reasonable discretion or to exclude the customer from participating in our seminars. The contractual obligations of the customer towards us remain unaffected in this case.

 

 

§ 2 Impermissible Account Sharing

(1) The customer is not entitled to pass on the account received from us or the login data for our platforms / program and training content to third parties, unless we have expressly consented to such a transfer (e.g. with regard to permanent employees of the customer).

 

(2) We are entitled to permanently monitor access to our IT systems via IP comparison. The use of technologies that conceal the IP address of the user when accessing our IT systems as well as program and training content, or otherwise falsify or anonymize it (e.g. Tor browser) is prohibited.

 

(3) In the event of culpable infringement of the obligations under paragraphs 1 and 2, we are entitled to temporarily or permanently block the customer's account on our systems at our reasonable discretion. The contractual obligations of the customer towards us remain unaffected in this case.

 

(4) Unauthorized account sharing is a criminal offence, which we will prosecute under civil and criminal law.

 

 

§ 3 Acquisition of other coaching participants

 

(1) In individual cases, the customer is permitted to acquire other coaching participants from our programs for their own orders. However, systematic customer acquisition is prohibited. No coaching participant may be bothered by the customer's acquisition attempts.

 

(2) In the event of a culpable infringement, we are entitled, after a single warning and in the event of repetition, to temporarily or permanently exclude the customer from participating in our social media groups at our reasonable discretion. The contractual obligations of the customer towards us remain unaffected in this case.

 

 

§ 4 Ban on passing on internal information and company secrets

 

(1) During our training sessions and live calls, other coaching participants may disclose internal information and business details. In this respect, confidentiality towards external parties and third parties is to be maintained at all times and in full. Dissemination of this information is prohibited.

 

(2) In the event of repeated culpable violations by the customer, we are entitled to temporarily or permanently block access and logins to our programs, content and training courses at our reasonable discretion. The contractual obligations of the customer towards us remain unaffected in this case.

 

 

§ 5 Ban on disrupting training and program processes

 

(1) The customer is prohibited from any actions that cause a disruption or impairment of our training and program processes and/or the customer experience of other participants. This applies both within and outside of the training structures we provide.

 

(2) In the event of repeated culpable violations by the customer, we are entitled to temporarily or permanently block access and logins to our programs, content and training courses at our reasonable discretion. The contractual obligations of the customer towards us remain unaffected in this case.

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