General Terms and Conditions
As of July 2026 · This is a translation. In the event of any discrepancy, the German version shall prevail.
1. Scope
These General Terms and Conditions (hereinafter "Terms") apply to all contracts, offers and services between Schmid Business Solutions, Ivan Schmid, Hardeggweg 2, CH-3612 Steffisburg, UID CHE-199.237.913 (hereinafter "Contractor") and its clients (hereinafter "Client"). Deviating or supplementary terms of the Client apply only if the Contractor has expressly agreed to them in writing.
2. Conclusion of contract
Offers made by the Contractor are subject to change and non-binding unless otherwise agreed. A contract is concluded as soon as the Client confirms an offer in writing (including by email) or the Contractor confirms in writing that it will commence the agreed service. Oral side agreements are only valid if confirmed in writing.
3. Services
The Contractor provides consulting services in particular in the areas of strategy development, innovation support, growth acceleration, board of directors mandates and payment solutions consulting. The scope, content and duration of the specific service are set out in the respective offer or the individual agreement with the Client. The Contractor provides its services to the best of its knowledge and belief and in accordance with the recognised principles of its discipline but, unless expressly agreed otherwise, owes diligent performance (mandate within the meaning of Art. 394 et seq. of the Swiss Code of Obligations, CO), not a specific economic result.
4. Client's duty to cooperate
The Client shall provide the Contractor with all information, documents and resources required to perform the mandate in good time and in full. Delays or additional work resulting from a breach of this duty to cooperate shall be borne by the Client and may be invoiced additionally.
5. Fees and payment terms
Fees are based on the individual offer (flat rate, hourly or daily rate). Unless otherwise stated, all prices are in Swiss francs (CHF) and exclusive of statutory value added tax, if applicable. Unless otherwise agreed, invoices are payable net within 30 days of the invoice date. In the event of late payment, the Contractor is entitled to charge default interest in accordance with Art. 104 CO as well as reminder and debt collection costs, and to suspend the provision of services until payment has been made in full.
6. Appointments and availability
Agreed appointments (e.g. consultations) are binding. The Client may postpone or cancel an appointment free of charge up to 24 hours before the agreed time; in the event of later cancellation or non-attendance, the Contractor may invoice all or part of the agreed fee.
7. Confidentiality
Both parties undertake to treat all confidential information, business and trade secrets received in the course of the cooperation as strictly confidential and to use them exclusively for the purpose of performing the mandate. This obligation continues after the end of the cooperation.
8. Intellectual property
Unless expressly agreed otherwise, all rights to concepts, analyses, documents and work results created by the Contractor (including copyrights) remain with the Contractor. Upon full payment, the Client receives a simple, non-transferable right of use for the agreed purpose.
9. Liability
The Contractor is liable for damages only if intent or gross negligence is proven; any further liability, in particular for slight negligence and for indirect damage, loss of profit or consequential damage, is excluded to the extent permitted by law. Liability towards consumers for personal injury remains reserved in all cases (Art. 100 para. 1 CO). The Contractor gives no guarantee of any specific economic success of the consulting services provided.
10. Term and termination
For ongoing assignments or mandates (e.g. board of directors mandates), the notice periods set out in the respective contract apply. In the absence of a specific provision, either party may terminate the contract in writing with 30 days' notice to the end of a month. The right to extraordinary termination for good cause (Art. 404 CO for mandate relationships) remains reserved. Services already rendered shall be remunerated in any case.
11. Data protection
The processing of personal data in the course of the cooperation is governed by the Contractor'sprivacy policy and the applicable provisions of the Swiss Federal Act on Data Protection (FADP).
12. Amendments to these Terms
The Contractor reserves the right to amend these Terms at any time. The version valid at the time the contract is concluded, as published on this website, shall apply.
13. Final provisions
Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to its economic purpose.
These Terms are governed exclusively by Swiss law, excluding the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is, to the extent permitted by law, Thun, Canton of Bern, Switzerland. Mandatory statutory places of jurisdiction (e.g. consumer protection) remain reserved.
If you have any questions about these Terms, please contact us atoffice@schmidbusiness.ch.