General Terms and Conditions (GTC)
1. Scope of application
The General Terms and Conditions (GTC) apply to all business transactions between Kitoko GmbH and its customers. They apply for the duration of the business relationship. These terms and conditions are deemed to be accepted when the order is placed. Deviations from these GTC must be agreed upon in writing in advance.
2. Obligation of the client to cooperate
Consultation shall be based on the preparatory discussions held between the parties (clarification of the order). It is based on cooperation and mutual trust. The client should be willing and open to deal with himself and his situation because the counseling is characterized by an active, self-responsible, and individual process. The counselor assists the client as a process facilitator, while the client is responsible for him/herself, his/her decisions, and actions within and outside the counseling services.
For unlimited offers, the price commitment expires after 3 months.
Expenses such as special working tools (e.g. personality profiles), room rentals, and other external costs will be discussed with the client in advance and invoiced separately.
For meetings outside Kitoko GmbH’s offices, travel time will be charged according to the offer. For train journeys, a half-fare ticket (2nd class) will be charged.
Kitoko GmbH normally issues invoices after the service has been rendered, payable within 10 days. All prices of the services are exclusive of VAT.
Coaching sessions: Cancellation of coaching sessions free of charge is possible up to 24 hours before the appointment, for Monday appointments until Friday noon, after that, the fee is due in full.
Workshops, seminars, presentations, and other services: If a definitively placed order is canceled up to 30 days before the start of the order, Kitoko GmbH will charge for the preparatory work incurred up to that point, including expenses (according to the agreed hourly or daily rate for implementation). In case of cancellation between 14 and 29 days before the beginning of the order, 50% and in case of cancellation less than 14 days before the beginning of the order, 100% of the amount of the offer will be charged.
If an order is canceled by Kitoko GmbH, the client will be refunded the fee already paid for the work not yet performed. In case of canceled appointments, an alternative date will be offered if possible. Further claims due to a canceled appointment by Kitoko GmbH are excluded.
Kitoko GmbH undertakes to maintain confidentiality vis-à-vis third parties about all operational, business, and private matters of the client or customer that become known in the course of its activities, even after termination of the assignment. The parties may agree that certain information shall be disclosed to certain third parties. The disclosure of information based on mandatory statutory provisions or official orders shall remain reserved. For quality assurance of her work, the consultant is entitled to bring the consulting situations anonymously into an intervention group or supervision.
6. Intellectual Property
Unless otherwise expressly agreed in writing, all intellectual property rights, in particular all copyrights, to the content, presentations, drawings, illustrations, plans, photographs, designs, brochures, and texts created by Kitoko GmbH, regardless of their protectability and form (i.e. also as data), remain exclusively with Kitoko GmbH. No provision of these GTC is to be understood as granting third parties any rights of use to the intellectual property of Kitoko GmbH. To the extent permitted by law, Kitoko GmbH excludes any liability for damages incurred by third parties as a result of the permitted or unpermitted use of Kitoko GmbH’s intellectual property rights.
The activities of Kitoko GmbH are purely service activities. Success can neither be guaranteed nor is it owed. Any liability is excluded.
The dispatch or electronic transmission of any data is at the risk of the client or customer.
The offered consulting services are no substitute for any necessary medical or psychiatric treatments and therapies. Participation in a consultation requires normal mental and physical resilience.
8. Insurance coverage
The insurance of the client or customer is the sole responsibility of the client or customer. Kitoko GmbH neither owes nor offers insurance coverage.
9. Place of jurisdiction
The place of jurisdiction is Bern. Swiss law shall apply, excluding the conflict of laws provisions.
10. Final clause
Should any provision or annex of the agreement with the client be or become invalid, this shall not affect the validity of the remainder of the agreement. The parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any gaps in the agreement.
Bern, March 2023