These Terms and Conditions (T&C) of Marti Management & Consulting AG (marti-mc) form the basis for all business relationships between marti-mc and its clients.

 

1. CONCLUSION OF CONTRACT

A contract between the client and marti-mc requires any changes and/or additions to be in writing.

 

2. RELATION OF T&C/CONTRACT

The contract marti-mc/client governs the details, the T&C the generally valid of the business relationship of the parties. In the case of a contradiction between the contract and the T&C, the contract will be given preference. The client's general terms and conditions shall only apply if marti-mc has expressly accepted these.

 

3. PRICES AND PAYMENT TERMS

The services of marti-mc and the price agreed upon are established in the contract and understood excluding any value-added tax required by law. Changes to the contract requested by the client which incur additional costs are to be stated in writing in advance and are thereupon added to the invoice. Invoices issued by marti-mc are due for net payment within 10 days. 

 

4. PERFORMANCE

marti-mc is obligated to fulfill the contract professionally and with all due care within the timeframe agreed upon with the client. marti-mc has the right to engage its own employees or third parties to fulfill the contract and is liable for the actions of these as if they were its own actions. 

 

5. DEADLINES AND DELIVERY PERIODS

Deadlines and delivery periods are defined in the contract with the client. Deadlines and delivery periods can change correspondingly, should the content of the contract or the scope of work later change, or should the client insufficiently, late, or not at all comply with its obligations for participation. 

 

6. WARRANTY AND LIABILITY

marti-mc is responsible for careful ("state of the art") fulfillment of contract but can assume no responsibility for minor faults or for errors or deficiencies due to actions of the client, or which are caused by circumstances outside the control of marti-mc. The liability of marti-mc is limited to the agreed-upon fee. In particular, any liability for indirect and/or consequential damages is excluded. 

 

7. INTELLECTUAL PROPERTY

The client recognizes that the intellectual property for all work products produced in the scope of the contract of marti-mc remains with marti-mc. Upon complete payment of the agreed fee, the client acquires the right of use, unlimited in time and place, for the work products created for the client by marti-mc in the scope of the contract. The client retains the right to the services rendered by marti-mc in the agreed framework as a complete work. Parts of the work can by used again marti-mc in compliance with the obligations of confidentiality and due diligence.

 

8. CONFIDENTIALITY AND PROTECTION OF DATA

The parties are and content shall maintain silence regarding the existence and content of their contractual relationship. In addition, Marti-mc is obligated to keep confidential all information discovered in connection with the services delivered to the client. With the client's prior permission, Marti-mc can publish its work done for a client in its own publications and use it for its own promotional purposes.  Files and data with which marti-mc is entrusted will be kept confidential and will be returned to the client upon request at the conclusion of the contract. For data and documents whose loss or misuse could have severe consequences, it is the client's responsibility to make marti-mc expressly aware of this particular risk. 

 

9. SEVERABILITY CLAUSE

Should individual provisions of these General Terms & Conditions or of the contractual agreements between the client and marti-mc be found to be invalid or unenforceable, the entire contractual relationship shall not become invalid, but the invalid provisions shall be replaced by legally valid provisions.

 

10. APPLICABLE LAW AND JURISDICTION

The contract between the client and marti-mc is subject exclusively to Swiss law. In the event of a disruption in the collaboration the parties shall first make all attempts to find an amicable solution. If this is not possible, Zug/Switzerland shall be the exclusive venue for all disputes arising from this contract.

 

Baar, January 4, 2016