Terms of Mandate – executive consulting group

Formation and Fulfillment of Contract

By placing an order, you as the client declare that you agree to these Terms and Conditions of Mandate. We may interrupt, restrict or prematurely terminate the fulfillment of the mandate if payments from you as the client are outstanding or if the performance of the mandate is made difficult or impossible for us by the client or a candidate.

Payment Conditions

We will invoice you for our consulting services in CHF following the performance of our consulting services. Our invoices are payable within 20 days, net without any deductions.

Cancellation

If agreed assessments or other consulting services are cancelled by the client or candidate, we will charge the following percentages of the flat-rate consulting fee affected by the respective cancellation:

0%       for cancellations up to a month before the date of execution

50%     for cancellations up to a week before the date of execution

75%     for cancellations within a week before the date of execution

100%   for cancellations within 24 hours before the date of execution

Discretion and Data Protection

Our client and we are obliged to treat all information exchanged within the scope of the order that is not broadly known as confidential, not to pass it on to third parties and to protect it appropriately against access by third parties. This obligation shall continue to apply after the completion of the order as long as there is a legitimate interest in doing so. Both our client and we are obliged to comply with the applicable data protection regulations at all times. Our complete data protection declaration can be viewed on our website:  https://xcg.ch/en/company/data-protection-statement/

Intellectual Property Rights

All rights to the reports and other work products created by us for the client in the course of the mandate shall remain with us. The client is entitled to use these reports and products of work for himself, but they may not be passed on to third parties without our prior written consent.

Liability

We prepare our reports and other work products on the basis of the information available to us and the observations we make during the assessment in good faith and with due care. Our assessments are snapshots and serve the client as an indicator of a candidate’s skills and potential.

We guarantee the careful execution of the mandate. Any liability for decisions or measures taken by our client or any other person on the basis of our reports or other work products is expressly excluded. As long as we have adequately protected the data in question, we are not liable for the consequences of unauthorized access by third parties to data stored by us. Liability for slight negligence is excluded in all cases.

Applicable Law and Place of Jurisdiction

Any general terms and conditions or similar of our client are expressly excluded.

The contractual relationship is subject to substantive Swiss law, in particular Art. 404 ff. OR. of the Swiss Code of Obligations.

The exclusive place of jurisdiction is Zurich.