Terms and Conditions

General Terms and Conditions of Noëmi Thum Consulting GmbH

General Terms and Conditions
1. These General Terms and Conditions (GTC) contain the framework conditions for all services provided by Noëmi Thum Consulting GmbH (Noëmi Thum Consulting) to its clients (Clients or Customers). They are an integral part of every contractual relationship between Noëmi Thum Consulting and the Clients (collectively the Parties, individually a Party).
2. Individual agreements (contracts) are concluded for the desired services. The scope and duration of the services owed are defined in the respective contract.
3. By using the services of Noëmi Thum Consulting, the customer declares that he has read these GTC and accepts them.
Description of services and conclusion of contract
1. Clients of Noëmi Thum Consulting are natural persons, legal entities or sole proprietorships.
2. Noëmi Thum Consulting advises its clients in the areas defined on the website www.noemithum.com. The scope of consulting services corresponds to the packages defined on the website www.noemithum.com. It is possible to adapt these packages to the individual needs of the client. For this purpose, the client's needs are defined in an initial meeting and then Noëmi Thum Consulting prepares an individual offer based on the defined needs.
3. In addition to providing individual advice to its clients, Noëmi Thum Consulting also provides other services which can either be booked directly on the website www.noemithum.com or arranged in person/by telephone. These services can be offered in the form of online courses, workbooks or podcasts. The list of other services is not exhaustive.
4. The customer relationship is established by booking an online offer or concluding a service contract.
Contractual relationship
1. The services of Noëmi Thum Consulting are subject to contract law in accordance with the Federal Law on Amendments to the Swiss Civil Code (Part Five: Code of Obligations) (CO). Noëmi Thum Consulting is therefore only liable for diligent action.
2. Noëmi Thum Consulting does not guarantee success in complying with its recommendations and the client cannot claim success. Should the provisions of these GTC be incomplete, the provisions of contract law pursuant to Art. 394 et seq. of the Swiss Code of Obligations shall apply.
3. Further information on liability can be found in section 11.
Involvement of auxiliary persons
1. Noëmi ThumConsultingmay, in consultation with the client, engage the services of auxiliary persons for the fulfillment of its orders.
2. Noëmi Thum Consulting excludes any liability for the work performance of auxiliary persons engaged for the fulfillment of an order.
Confidentiality
1. Both parties are obliged to treat as strictly confidential all data and information which are not generally known and which belong to the sphere of business confidentiality or are otherwise subject to confidentiality and which they learn in connection with the contract and its fulfillment. If there is any doubt as to whether information, a document or any other fact subject to confidentiality relates to business confidentiality, it shall be deemed confidential and the other party must be consulted.
2. The confidentiality obligation extends beyond the contractual relationship for an indefinite period, regardless of how the contractual relationship is terminated.
Right of withdrawal and return conditions
1. There is no right of withdrawal for consulting services.
2. Swiss law does not recognize a legal right to exchange or return. However, Noëmi Thum Consulting is prepared to grant its customers a 14-day money-back option from the date of purchase for online courses, subject to certain conditions and with a final decision, at the discretion of Noëmi Thum Consulting, under the following conditions:
  1. The development of the modules up to and including the completion of Module 4,
  2. the transmission of the results of these modules to Noëmi Thum Consulting and
  3. a written explanation of the reason for withdrawal.
3. A claim for the return of other digital products such as workbooks and similar works is excluded.
4. Access to all online courses is limited to 12 months from the date of purchase.
Fee and expenses
1. The fee is based on the fixed hourly rates. Cost estimates are based on estimates of the scope of the necessary activities and are prepared on the basis of the data provided by the client. They are therefore not binding for the final calculation of the fee.
2. Unless otherwise stated in the agreement, the fee owed in addition to the reimbursement of expenses shall be based on standard industry rates. Value added tax shall be charged additionally. Travel expenses are considered working time. In addition to the fee, Noëmi Thum Consulting shall be entitled to reimbursement of expenses incurred and third-party fees.
3. If Noëmi Thum Consulting uses third parties to provide its services, the Client undertakes, upon request, to settle the fee claims and expenses incurred by these third parties directly and to indemnify Noëmi Thum Consulting from the obligations entered into.
4. Noëmi Thum Consulting may request reasonable advances on fees and expenses and issue individual or regular interim invoices for services already rendered and expenses incurred. In the event that an advance payment is requested or an interim invoice is issued, Noëmi Thum Consulting may make the provision of further services dependent on the full payment of the amounts claimed.
5. The customer's right of set-off is excluded
6. Noëmi Thum Consulting is exempt from the duty of confidentiality and professional secrecy for the assertion of claims against the client arising from the contractual relationship.
Terms of payment
1. Payment of the fee shall be made by credit card, debit card, Apple Pay, Google Pay, Pay Pal or bank transfer. Payment by the client shall be made within 10 days of invoicing by Noëmi Thum Consulting.
2. In the event of late payment, a fee of CHF 20 and default interest of 5% of the outstanding amount will be charged from the second reminder.
3. Should the provisions of these GTC be incomplete, the statutory provisions of the Swiss Code of Obligations on default (Art. 102 et seq. CO) shall apply.
Cancellation of appointments and refunds
1. Consultation appointments must be canceled at least 24 hours before the scheduled appointment, otherwise the appointment will be charged in full. If the appointment is canceled in good time, it can be rescheduled; a refund is excluded.
Warranty
1. The information provided on this website www.noemithum.com is for general information purposes only and does not replace individual advice. Noëmi Thum Consulting accepts no liability for the topicality, completeness or accuracy of the information provided. The implementation of the contents of the consultation is at the customer's own risk in accordance with the contractual relationship.
Liability
1. mplaints arising from the order must be reported immediately. Noëmi Thum shall be given the opportunity to rectify the defect.
2. Noëmi Thum Consulting shall only be liable to the customer for unlawful intent and gross negligence. The existence of unlawful intent or gross negligence must be proven by the customer who wishes to derive a claim therefrom.
3. This limitation of liability shall also apply to persons to whom Noëmi Thum Consulting has delegated the management of business transactions.
4. The e-mail traffic of Noëmi Thum Consulting takes place via public, not specially protected data transmission networks. Noëmi Thum Consulting accepts no liability for damages incurred by the customer as a result of transmission errors, technical defects, faults or interference with the network operator's equipment. The same limitation of liability also applies to the selection of IT programmes and applications (such as cloud solutions) with which Noëmi Thum Consulting works.
Force majeure
1. In the event of force majeure, the party that is unable to fulfil its contractual obligations due to the force majeure event shall not be liable to pay compensation to the contractual partner in any way. It shall be released from its contractual obligations for as long as and to the extent that the impairment caused by the force majeure continues. If the impairment due to force majeure ceases, the contractual rights and obligations shall resume, unless the impairment due to force majeure lasts for more than three (3) months. In this case, the party affected by the force majeure shall be entitled, but not obliged, to revoke or terminate the contract by written notice.
Termination of the order
1. The order shall end upon fulfilment or provision of the agreed service(s), upon expiry of the agreed term or upon termination in accordance with clause 13.2.
2. The contract may be terminated in writing by either party at any time with immediate effect or with effect from the expiry of a specific date. In the event of ordinary termination of the contract, the customer shall pay for the services rendered up to the date of termination of the contract on the basis of the actual hours worked and the applicable hourly rates plus the expenses incurred. In addition, Noëmi Thum Consulting shall be fully indemnified by the client.
3. If the ordinary termination takes place at an inopportune time, the terminating party shall be obliged to compensate the other party for the resulting damage, if applicable in addition to the fee claim on the basis of the effective hourly expenditure and the applicable hourly rates plus the expenses incurred.
4. In the event of extraordinary termination due to a party's behaviour in breach of contract, the terminating party shall compensate the terminating party for any damages incurred as a result of the termination, if applicable in addition to the fee claim on the basis of the effective hourly expenditure and the applicable hourly rates plus the expenses incurred.
5. If the client is a natural person, the contract shall expire in the event of the client's death, declaration of disappearance or incapacity to act. The contract shall be deemed to have been duly fulfilled and the outstanding services shall be invoiced pro rata temporis.
6. If the client goes bankrupt or similar proceedings are instituted against him, the contract shall only expire after its cancellation or termination by Noëmi Thum Consulting or the competent authorities.
Intellectual property
1. All copyrights (including software), copyrightable works and other works of authorship, as well as registrations, applications for registration and renewals thereof; Trade secrets, confidential information and other proprietary business information, including know-how, customer lists, proprietary processes, methods, technologies, protocols, algorithms, pricing and cost information, business and marketing plans and proposals, all software (including source and object code), including software-based systems and tools, data, databases, hardware, interfaces, system and software architecture and structure, screens, layouts and inventions (whether or not patentable); and all documentation and media representing, describing or relating to any of the above, including manuals, memoranda and records, are the intellectual property of Noëmi Thum Consulting and may not be reproduced, disclosed to third parties or otherwise used in any way that infringes proprietary rights without express written consent.
2. Noëmi Thum Consulting reserves the right to take legal action against any infringement of its intellectual property rights.
Data protection
1. Noëmi Thum Consulting undertakes to comply with the applicable data protection law and in particular data security when handling personal data.
2. The separate data protection declaration is linked on the website www.noemithum.com and forms an integral part of these GTC.
Severability clause
1. Should any provision of these GTC be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Applicable law
1. The provisions of these GTC and all contracts and services of Noëmi Thum Consulting are subject to the applicable Swiss law.
Place of jurisdiction
1. The exclusive place of jurisdiction is at the registered office of Noëmi Thum Consulting in Siebnen, Canton Schwyz.
Final provisions
1. Amendments or additions to these GTC must be made in writing.