FBXperts AG General Terms and Conditions for Clients
1. Scope
These General Terms and Conditions ("GTC") govern the contractual relationship between FBXperts AG ("FBXperts") and the clients ("Client" or "Clients") who make use of services via the platform operated by FBXperts under the URL www.fbexperts.com (the "Platform").
The Platform serves the purpose of providing Clients access to the FBXperts network of business mentors ("FBXperts Mentors") in order for Clients to seek and obtain coaching services from such FBXperts Mentors subject to these GTC. For the use of the Platform as well as the business relations between FBXperts and its Clients, the GTC apply in the version that is currently available and valid when the services are booked.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of FBXperts in order to be valid. By using this Platform or booking a service, the Client confirms the acceptance of these GTC.
2. Information on the Platform
All information on availability is given without guarantee and is subject to change at any time and without notice.
All offers on the Platform are subject to change and are not to be understood as a binding offer. We reserve the right to make changes to the services as well as technical changes at any time.
3. Registration and User Account
In order for Clients to be able to book services via the Platform, they must first register on the Platform with their personal details and create a user account. Clients must provide the information requested in the registration form. Registration is only permitted for natural and legal persons who are legally able to conclude a contract with FBXperts and who meet the criteria set out in the registration form. The registration of a legal entity may only be carried out by a person authorised to represent the entity, who must be named.
In order to create a user account, Clients must provide:
- first and last name, as well as company name
- date of birth,
- telephone number,
- a valid e-mail address,
- a billing address
This information will be stored in the user account for future bookings.
Comprehensive information on the processing of personal data by FBXperts and FBXperts Mentors is set out in the separate privacy notice.
4. Conclusion of Contract
The offer on the Platform represents a non-binding invitation to the Client to book services from FBXperts (invitation to submit an offer).
After having received a request for services via the Platform from a Client, FBXperts will conduct a check whether the Client meets the criteria as described on the Platform to receive services from FBXperts. FBXperts expressly reserves the right to accept or reject a request for services at its sole discretion. If FBXperts accepts a request for services it will initiate internal matching processes to seek a suitable FBXperts Mentor for the Client's specific request. FBXperts will inform the Client if no suitable FBXperts Mentor can be found. If a suitable FBXperts Mentor can be found, FBXperts will put the FBXperts Mentor in contact with the Client. It is then up to the FBXperts Mentor and the Client to organize a kick-off meeting and determine the scope and conditions of the specific mentoring services to be provided by the FBXperts Mentor or to decide – each at its own free discretion and without any obligation to each other or FBXperts – not to further proceed with any mentoring services.
5. Fees and Payment Modalities
Submitting a request for services is free of charge but FBXperts expressly reserves the right to introduce a sign-up fee.
The fees for the mentoring services provided by the FBXperts Mentor is based on the fee structure as set out on the Platform and depends on the scope of services as determined at the kick-off meeting between the Client and the FBXperts Mentor.
The fee is invoiced by FBXperts upon completion of the mentoring services and payable within 15 calendar days from the date on the invoice. FBXperts is at any time entitled to require the Client to make a full or partial advance payment before the provision of services.
6. Availability of the Platform and FBXperts Mentors
The Client acknowledges that a 100% availability of the Platform cannot be realized technically. FBXperts shall endeavor to keep the Platform available as constantly as possible. In particular, maintenance, security or capacity issues as well as events beyond the control of FBXperts (e.g. force majeure) may lead to disruptions or temporary suspension of the services.
When confirming a match for a FBXperts Mentor, FBXperts does not warrant or guarantee that the FBXperts Mentor is available for the services requested by the Client.
7. Liability
To the extent permitted by the applicable law, FBXperts excludes all liability, irrespective of its legal basis, as well as claims for damages against FBXperts based on the services provided via the Platform. In particular, FBXperts shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and financial loss incurred by the Client. For the avoidance of doubt, any mandatory statutory liability, for example for gross negligence or unlawful intent, shall remain reserved.
8. Data Protection
The protection of the Client's personal data and confidential information is important to FBXperts. FBXperts undertakes to comply with the applicable data protection regulation with regard to the personal data (Client name, address, e-mail, etc.) collected and stored by FBXperts in connection with the use of the Platform. All personal data of Clients will be treated confidentially and will only be disclosed to third parties if this is absolutely necessary (e.g. for provision of services, payment transactions etc.). In addition to these GTC, the privacy notice of FBXperts applies with regard to the collection and use of personal data.
FBXperts Mentors are instructed by FBXperts to observe the applicable data protection regulation with regard to Client data and to treat any information provided by the Client as confidential information. It is, however, the Client's responsibility to enter into a confidentiality agreement / non-disclosure agreement with the FBXperts Mentor.
When providing data to FBXperts and/or the FBXperts Mentor, the Client undertakes to ensure to comply with all applicable laws and regulations, such as data protection regulations and laws on the protection of business secrets.
9. Further Provisions
9.1. Changes to the GTC and the Services provided via the Platform
Changes to these GTC as well as to the offer regarding the services can be made at any time and at its own discretion. Changes shall be notified to the Clients before they come into force and must be made in writing. This also applies to any amendment of this written form requirement. The most recent version of the GTC shall replace all previous versions in each case.
9.2. Contradictory Provisions
In the event of any inconsistency between these GTC and any content in other parts of the Platform or in any links, these GTC shall prevail.
9.3. Severability
If any provision of these GTC is found by a court or other competent authority to be illegal, invalid, void and/or unenforceable, the remaining provisions shall remain in force. The invalid provision shall be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes. If an illegal and/or unenforceable provision would be legal or enforceable if part of it were deleted, that part shall be deemed to be deleted and the remainder of the provision shall remain in force (unless this would be contrary to the clear intention of the parties, in which case the entire provision in question shall be deemed to be deleted).
9.4. Choice of Law/Forum
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG, UN Sales Convention, Vienna Sales Convention) is explicitly excluded.
The exclusive place of jurisdiction is at the registered office of FBXperts, unless the law provides for other mandatory places of jurisdiction.
FBXperts AG, GTC valid as at 28.03.2022
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