These General Terms and Conditions (GTC) of Marti Management & Consulting AG (Marti-mc) form the basis for all business relationships between Marti-mc and its customers.

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1 conclusion of contract
A contract between the customer and Marti-mc, including any changes and/or additions, must be in writing.

 

2 Terms and conditions/contract relationship
The Marti-mc/customer contract regulates the details, and these General Terms and Conditions regulate the generally applicable principles of the business relationship between the parties. In the event of a contradiction between the contract and the General Terms and Conditions, the contract shall take precedence. The customer's general terms and conditions are only applicable if Marti-mc has expressly accepted them.

 

3 Prices and terms of payment
The services provided by Marti-mc and the price agreed for them are set out in the contract and do not include statutory VAT. Changes to the contract requested by the customer that cause additional costs must be confirmed in writing in advance and will then be invoiced additionally.
Marti-mc's invoices are due for payment net within 10 days.

 

4 performance
Marti-mc undertakes to fulfill the order professionally and with all due care within the period agreed with the customer. Marti-mc is entitled to call in its own employees or third parties to fulfill the contract, but is liable for them as for its own actions.

 

5 Dates and delivery periods
Dates and delivery times are defined in the contract with the customer. Dates and delivery periods change accordingly if the content of the order or the scope of work changes subsequently or if the customer does not meet his obligations to cooperate, or does so late or insufficiently.

 

6 Warranty and Liability
Marti-mc guarantees careful ("state-of-the-art") order fulfillment, but cannot assume any liability for slight negligence or for errors or defects that can be traced back to the customer's actions or caused in any other way outside of Marti-mc's sphere of influence have been.

Marti-mc's liability is limited to the agreed fee. In particular, any liability for indirect and/or consequential damage is excluded.

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7 Intellectual Property
The customer acknowledges that the intellectual property of all work results created by Marti-mc within the scope of the order remains with Marti-mc.
With the full payment of the agreed fee, the customer acquires the right to use the work results created for him by Marti-mc within the scope of the order, unrestricted in terms of time and place. The customer is entitled to the performance of Marti-mc within the agreed framework as a complete work. Marti-mc can continue to use parts of it in compliance with the duty of confidentiality and due diligence.

 

8 Confidentiality and Data Protection
The parties will maintain secrecy about the formation and content of their contractual relationship. In addition, Marti-mc undertakes to keep confidential all information obtained from the customer in connection with the services.
With the prior consent of the customer, Marti-mc can publish work for a customer in its own publications and use it for self-promotion.
Documents and data entrusted to Marti-mc will be treated confidentially and will be returned to the customer upon completion of the project upon request. In the case of data and documents, the loss or misuse of which could have serious consequences, it is the customer's responsibility to draw Marti-mc's attention to this particular risk.

 

9 Severability Clause
Should individual provisions of these General Terms and Conditions or the contractual agreements between the customer and Marti-mc prove to be invalid or unenforceable, the entire contractual relationship will not become invalid, but the provisions in question must be replaced by legally valid ones.

 

10 Governing Law and Jurisdiction
The contract between the customer and Marti-mc is exclusively subject to Swiss law. In the event of a disruption in the cooperation, the parties will do everything in their power to first find an amicable solution. Should this not succeed, the exclusive place of jurisdiction for all disputes arising from this contract is Zug/Switzerland.

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Baar, January 1, 2023