Legal

Terms & Conditions

General Terms and Conditions of Fassbender Consulting GmbH, Höschstrasse 27, 8706 Meilen, Switzerland (as of October 2020)

1. Scope of Application

The General Terms and Conditions apply to the entire business relationship between the client (hereinafter: contractual partner) and Fassbender Consulting GmbH (hereinafter: Fassbender Consulting) in their version valid at the time the contract is concluded.

2. Subject of the Contract

The subject of the contract is the individually concluded agreement between the contractual partner and Fassbender Consulting. This agreement is based on an individual offer from Fassbender Consulting. The services offered by Fassbender Consulting include: Performance Marketing, Search Engine Marketing, Search Engine Advertising, Search Engine Optimization, Bannering, Affiliate Marketing, Product Search Engine Marketing, Workshops, Consulting, Technology Services, Online Cooperation Marketing.

3. Third-Party Service Providers

Fassbender Consulting often uses the help of third parties (third-party service providers) for the realization and efficiency improvement of the services listed in the respective contract. The contractual partner hereby declares their consent that Fassbender Consulting may transmit such contract-relevant data to third-party service providers including Google, Yahoo, Facebook, and Baidu.

4. Confidentiality / Data Protection

All information, knowledge, and documents that the contracting parties have already provided or will provide in the course of cooperation are subject to confidentiality obligations. The confidentiality obligation also covers the results of the contractually agreed services.

5. Liability

Fassbender Consulting is liable for damages based on fraudulent concealment of defects, culpable injury to life, body, or health, and for claims under product liability law. Liability for damages is limited to foreseeable and typically occurring damages.

6. Control / Indemnification

All texts, search terms, titles, and URLs displayed in search engines or on the contractual partner's website must be approved and independently controlled by the contractual partner.

7. Cooperation Obligations

The contractual partner must immediately notify Fassbender Consulting in writing of changes to their name and address, as well as the expiration or change of any power of representation granted to Fassbender Consulting.

8. Remuneration, Reporting

Remuneration for Fassbender Consulting is based on the individual contractual agreement based on the offer prepared by Fassbender Consulting.

9. Due Date

Services invoiced monthly by Fassbender Consulting are due 14 days after invoicing. If the contractual partner defaults on payment, Fassbender Consulting is entitled to charge default interest of 8 percentage points above the respective base interest rate of the European Central Bank.

10. Set-off and Right of Retention

The contractual partner may only set off their own claims against claims of Fassbender Consulting if their claims are undisputed or legally established.

11. Termination

For contracts or business relationships for which neither a term nor a deviating termination regulation has been agreed, either contracting party may terminate the business relationship with a notice period of 6 weeks to the end of the quarter.

12. Advertising

The contracting parties are permitted to advertise their mutual cooperation. However, all advertising measures must be approved in advance by the other contracting party.

13. Final Provisions

The contractual relationships between Fassbender Consulting and the contractual partner are expressly subject to Swiss law. The exclusive place of jurisdiction for any disputes is the registered office of Fassbender Consulting.