[su_spoiler title=”1. Introduction” style=”fancy” icon=”chevron”]
1.1. These Terms and Conditions cover the entire business relationship between Business Titans AG (‘Business Titans’) and its Clients (‘the Client’) and is part of the project contract.
1.2 No other terms and conditions are applicable, even if the Client explicitly refers to such.
1.3 The content of these terms and conditions is valid unless otherwise stated by Business Titans in written from.
[su_spoiler title=”2. Intellectual Property” style=”fancy” icon=”chevron”]
- 2.1 The Business Titans name, logo, website content, templates, brochures, catalogues, marketing materials, service marks, invoices and other registered or unregistered trademarks (collectively ‘trademarks’), are protected property of Business Titans and may not be used, reproduced or distributed without prior express written consent by Business Titans.2.2 Any technical, commercial or other information presented on the Business Titans Website (‘www.business-titans.com’) or through other channels (‘information’) is protected property of Business Titans and may not be used, reproduced or distributed without prior express written consent by Business Titans.
2.3 The Client shall be liable for any damage that results from illegal disclosure or misuse.
2.4 The Client shall be able to use all handed over and paid deliverables for the agreed purposes. The Client is not entitled to use the deliverables for other purposes, to publish or distribute to a third party.
2.5 Unless otherwise agreed, intellectual property rights (including Know-how) related to Business Titans deliverables remain with Business Titans.
2.6. The Client might be asked to sign a Confidentiality Agreement that protects confidential information of Business Titans and its projects.
[su_spoiler title=”3. Confidentiality” style=”fancy” icon=”chevron”]
3.1 The parties treat all information received on the occasion of delivery or receiving of services during and after completition of this contract confidentially. None of the parties are authorized to disclose the contractual relation and the content of contracts to third parties.
3.2 Except from the above confidentiality restriction is information where the entitled parties agree a disclosure in written form, the data is publicly available or where the information in question was known to any party independently from the relationship between Business Titans and the Client.
3.3 The parties can disclose information in following cases: due to legally or regulatory provision, due to judicial or officially decisions based on court order, due to obligations to regulatory authority and organisations of the professional group and to protect their interests towards their insurer and legal adviser.
3.4 Business Titans may disclose information in relation to quality control, for risk management and for publication of their services in customarily form (display, announcement to Market Research Organisations and the like) and also for reference reasons. Especially for brands established by Business Titans, a quality label, such as “Powered by Business Titans” or similar, might be used. It is fully at the discretion of Business Titans to use and remove such labels and the advantages therewith for creative works delivered to clients.
3.5 Moreover, confidential information in the sense of the above mentioned points should only be provided to employees, partners and suppliers based on the „Need-to-Know“ principle so that all sides can meet their contractual obligations.
[su_spoiler title=”4. Data Protection and Privacy” style=”fancy” icon=”chevron”]
4.1 Both parties comply with the applicable Swiss data protection law at any time. Within the business relation between the Client and Business Titans or the usage of the website, Business Titans can record personal data of the Client.
4.2 Business Titans is a company with cross border processes and technical systems. Personal data can be processed outside Switzerland for the above mentioned purposes. Business Titans ensures that itself and their third parties comply with these terms and conditions and Swiss data protection law when processing data abroad.
[su_spoiler title=”5. Forecasts” style=”fancy” icon=”chevron”]
5.1 The content on the Business Titans website and other materials or documents of any kind may contain forward-looking statements about the viability of a project managed by Business Titans.
5.2 Forecasts are made in good faith; Business Titans shall not be liable for the accuracy, currency, integrity or suitability of these forecasts. They are bound to certain risk factors that are outside of the sphere of influence of Business Titans. Any reliance on forecasts is at the risk of the Client.
[su_spoiler title=”6. Quotes” style=”fancy” icon=”chevron”]
6.1 Quotes are addressed to a specific Client for a specific project proposal and are non-replicable and confidential.
6.2 Any prices communicated on the Business Titans website, in brochures, catalogues or in another suitable fashion, are non-binding and at the discrimination of Business Titans.
[su_spoiler title=”7. Conclusion of Contract” style=”fancy” icon=”chevron”]
7.1 A contract shall be deemed as concluded with the issuing of 2 (two) identical signed copies of the contract to the parties.
7.2 If any project relevant information was not, partially not, or wrongly provided by the Client, Business Titans reserves the right, after a notification, to cancel, postpone, or request to modify the project deliverables and conditions to compensate any discrepancy or damage that results from incomplete or wrong information. Further claims reserved.
7.3 Evidence of ownership of a Swiss bank account is mandatory for any contract with Business Titans. International bank accounts are accepted if proof is provided that the foreign bank institute complies with comparable financial regulation standards as those applicable in Switzerland.
[su_spoiler title=”8. Projects” style=”fancy” icon=”chevron”]
8.1 The contract between the Client and Business Titans concerns a specific project as described in the project contract, project requirements catalogue and change management plan.
8.2 Business Titans retains ownership of the projects and any goods or properties until paid in full. Ownership is transferred as the project is delivered after payment.
8.3 The scope of Ready Business projects ends with the implementation and delivery of the project to the Client. Business Titans shall not be liable for the economic, financial, commercial or other performance of the project after delivery.
8.4 Unless otherwise acknowledged any agreed schedules are supporting the planning purposes and are not contractually binding to deadlines.
8.5 Any business relationship between the Client and Business Titans or a third party after the project delivery must be governed by a different contract.
[su_spoiler title=”9. Information Transfer by Business Titans” style=”fancy” icon=”chevron”]
9.1 The provided information by Business Titans within the service delivery are based on carefully selected research, in good faith and due diligence. This information is subject to modifications and can differ by project implementation. The Client recognizes that all information have certain risk factor, which can’t be influenced by Business Titans.
[su_spoiler title=”10. Involvement of the Client” style=”fancy” icon=”chevron”]
10.1 The Client provides for the service delivery in timely manner all required working materials, information, infrastructure and personnel resources. Business Titans shall assume that the Client’s provided Information is complete.
10.2 If the Client does not fulfil the obligation to cooperate, Business Titans may not provide their services at all or with delay, increased expenditures or with undesirable output. The Client bears the consequences of not fulfilling obligations. Business Titans can withdraw, after previous notification, from the contract if the Client lacks to cooperate and makes it impossible or significantly difficult to fulfil the contract.
[su_spoiler title=”11. Involvement of Third Party by Business Titans” style=”fancy” icon=”chevron”]
11.1 Business Titans shall be entitled to employ third parties to meet the obligations with regard to the contract with the Client.
11.2 Business Titans shall be entitled to forward Information and data for the mentioned reasons to third parties received in relation to the contract.
11.3 Business Titans can conclude contracts with third parties within the agreement in the name of the Client and bring it into account (such as rent contract, employment contract). Final decision lies with the Client. Business Titans shall not be liable for any inconveniences and damages caused by contractual relations with these third parties especially from recruiting of employees, unless the damages caused negligently or wilful misconduct by Business Titans.
[su_spoiler title=”12. Use of Deliverables from Client or Third Party” style=”fancy” icon=”chevron”]
12.1 Deliverables, provided by the Client himself or by commissioned third parties prior to conclusion of the contract, can be used by Business Titans in their own discretion for their own service delivery toward the Client.
12.2 Business Titans reserves the right to perform the work itself and take it into account if the deliverables are not of sufficient quality. In this case, the Client will be notified in advance.
[su_spoiler title=”13. Procurement” style=”fancy” icon=”chevron”]
13.1 Business Titans select within the project implementation the deliverable goods (product elements) at their own discretion. If the Client selects special goods, Business Titans will endeavour to deliver it. Should the delivery of the requested goods after intensify efforts not be manageable or not economically sustainable, Business Titans shall be authorized to replace the selected goods with similar ones based on type, quality and value.
13.2 Business Titans can hold back delivery of goods, if the Client is default in payment. Is the purchased item migrated to the Client before payment, Business Titans reserves the right to resign the contract and reclaim the delivered goods.
13.3. The benefit and the risk of accidental loss or deterioration of the goods passes to the Client once the handover of the goods happened.
13.4 Legal warranty is excluded.
[su_spoiler title=”14. Changes” style=”fancy” icon=”chevron”]
14.1 Change requests by the Client after conclusion of the project contract must be confirmed by Business Titans in writing.
14.2 The Client acknowledges that any changes may lead to a change in price, schedule and scope of the project. Business Titans informs the Client in advance about any changes and provides the option to release the change request.
14.3 According to corporate policy, Business Titans reserves the right to reject change requests by the Client. Such rejection does not entitle the Client to contract adjustment or cancellation.
14.4 The Client shall be liable for all claims arising from such changes, including delay of other projects, differences in cost and quality, as well as claims from third-parties.
[su_spoiler title=”15. Payment” style=”fancy” icon=”chevron”]
15.1 All purchases are subject to Business Titans Payment Policy. All invoices from Business Titans are payable within 30 (thirty) calendar days of the invoice date. Invoices shall be paid in Swiss Francs (CHF). Any exchange fee in case of use of a different currency or banking fees shall be borne by the Client.
15.2 Cash discounts or other deductions are not allowed, unless expressly confirmed in writing by Business Titans. Withholding and offsetting of claims against payments is excluded. Project-specific discounts may be applicable, at the discretion of Business Titans, according to the number of services purchased and other factors.
15.3 If the non-observance of the defined payment period and the grace period elapsed unused, Business Titans reserves the right to discontinue the project with the Client and keep assets as compensation. Business Titans exercise the right of retention by liquidating the assets for the account of the Client to pay off. Further claims reserved.
15.4 The Client shall be liable for all claims arising out of the delay of payment, including interest rates, consequential damage and loss of profit.
15.5 The Client shall be solely responsible for any tax declarations or other responsibilities prescribed by the jurisdiction to which s/he is subdued.
[su_spoiler title=”16. Liability” style=”fancy” icon=”chevron”]
16.1 Business Titans shall only be liable for intentionally or negligently caused damages directly by Business Titans. Business Titans shall not be liable for damages caused by third party persons.
16.2 Business Titans is not providing asset management, financial advice and does not offer any financial instruments or any insurance solutions.
16.3 Business Titans shall not be liable for the commercial success of the project. It shall not be liable for damages that are the result of or related to products and services of third parties, who are obtained for or by the Client.
16.4 Apart from that is any other liability from contract or any other legal reason, where legally permissible, excluded at the side of Business Titans.
[su_spoiler title=”17. Final Provisions” style=”fancy” icon=”chevron”]
17.1 Should any provisions of these Terms and Conditions be found illegal, incomplete or unenforceable, they shall be deemed modified to the least extent necessary to ensure enforceability. Unaffected parts of such provisions and the Terms and Conditions as a whole shall remain in full force.
17.2 These Terms and Conditions, both General and Service-specific, are exclusively governed by the applicable laws of Switzerland. The UN Convention on Contracts for the International Sale of Goods (CISG) and other applicable UNCITRAL law are excluded.
[su_spoiler title=”Important Note” style=”fancy” icon=”chevron”]
The German version of our Terms and Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.
Version of 12 March 2018