AGB.
General Terms and Conditions governing engagements with Gud GmbH for consulting, coaching, and software services. Plain language; the legal effect is unchanged.
§ 1 — Scope
These terms apply to all engagements between Gud GmbH ("Gud", "we") and the client ("you") concerning consulting, coaching, software development, and adjacent advisory services, unless a written individual agreement says otherwise. Conflicting standard terms of the client are not accepted unless we agree to them in writing.
§ 2 — Engagement and scope of work
Each engagement starts with a written brief that names the work, the cadence, the rate, and any deliverables. The brief, together with these terms, forms the contract. Changes to scope are agreed in writing — by email is fine — and may affect timeline and fees.
§ 3 — Fees and payment
Unless otherwise agreed, fees are quoted in Swiss francs (CHF), exclusive of VAT. We invoice monthly, in arrears, on the first working day of the following month. Invoices are payable within thirty days. Late payment carries default interest at 5% per annum from the due date, and we may suspend further work until the invoice is settled.
§ 4 — Cancellation
Either side may end the engagement on thirty days' written notice, or sooner by mutual agreement. Work performed up to the end date is invoiced as normal. Pre-paid retainers covering work not yet performed are refunded pro-rata.
§ 5 — Intellectual property
On full payment of the relevant invoices, ownership of work product specifically created for the engagement passes to the client. Pre-existing materials (frameworks, libraries, internal templates) remain the property of Gud GmbH; the client receives a perpetual, non-exclusive licence to use them as part of the delivered work.
§ 6 — Confidentiality
Both sides keep the other's non-public information confidential during and after the engagement. We will name you as a client in our portfolio only with your consent.
§ 7 — Liability
Gud GmbH is liable only for direct damage caused by gross negligence or wilful misconduct. Liability for indirect or consequential damage — lost profits, data loss, business interruption — is excluded to the extent permitted by Swiss law. Total liability under any engagement is limited to the fees paid for that engagement in the twelve months preceding the event giving rise to the claim.
§ 8 — Coaching disclaimer
Coaching services support performance and general wellbeing. They do not constitute medical advice, physiotherapy, or psychological treatment. Where appropriate, we will refer clients to qualified medical professionals; ultimate responsibility for health decisions remains with the client.
§ 9 — Force majeure
Neither side is liable for delay or non-performance caused by events outside its reasonable control, including illness, infrastructure outage, or acts of public authority. The affected side will notify the other promptly and the parties will discuss adjustments in good faith.
§ 10 — Governing law and venue
These terms and any engagement are governed by Swiss law, with the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) excluded. Place of performance and exclusive venue is Bern, Switzerland.
§ 11 — Severability
If any provision of these terms is or becomes invalid or unenforceable, the remaining provisions stay in force. The invalid provision is replaced by one that comes as close as possible to the original commercial intent.