General Terms and Conditions (GTC) of o4c Office for Contracts GmbH for Legal Advice, Products & Services
1 Scope
1.1 These General Terms and Conditions (GTC) govern the business relationship between o4c (hereinafter referred to as „Provider“) and Customers in connection with consulting and offers, as well as related support services. The services are aimed at business Customers and consumers (hereinafter referred to as „Customer“), who wish to optimize their professional, entrepreneurial, or personal actions.
1.2 Definition „Legal Advice“: Legal Advice includes individually agreed legal advice, particularly in the areas of contract, IT, and corporate law, as well as data protection, such as:
• Legal advice on digital and traditional business models,
• Review and drafting of contracts,
• Support with data protection issues,
• Negotiation assistance and representation.
1.3 Definition „Product & Services“: Services and related Support include, but are not limited to:
• Coaching and Mentoring,
• Digital products (e.g., online workshops, webinars, courses, live sessions),
• Digital content such as:
• Video formats (e.g., course videos, tutorials),
• Text-based content (e.g., checklists, guides),
• Interactive content (e.g., quizzes, exercises),
• On-site events (e.g., workshops).
1.4 The GTC are an integral part of the contractual relationship, supplement the Customer agreement and are deemed to be accepted upon acceptance of the offer and/or Customer agreement or, in the case of a digital purchase, upon completion of the checkout process.
1.5 These GTC apply to business Customers in the B2B sector (defined in Switzerland: Art. 957 Code of Obligation; in Germany: §14 German Civil Code; in Austria: Art. 1 Abs. 1 UGB (Austrian Commercial Code) and consumers in the B2C sector (as defined in Switzerland: Art. 3 lit. a Swiss Consumer Credit Act, in Germany: § 13 German Civil Code, Austria: § 1 Consumer Protection Act), as expressly specified in the Customer contract, during registration, or in the online shop., as explicitly specified in the Customer contract or during registration and checkout processes.
1.6 For Customers in the B2C sector, the specific provisions on rights of withdrawal and consumer protection laws in accordance with the applicable law also apply. The provisions in section 7 below are authoritative in this regard.
2 Subject of the contract
2.1 The Provider provides Services for professional, enterpreneurial and personal development, which may be accompanied by ancillary services such as digital content and supporting services. Either the individual Customer agreement or the description of the respective offer (e.g. in the checkout or download) is decisive for the effectively agreed services. No legal or tax advice is provided hereunder.
2.2 Legal advice only includes legal advice, such as contract drafting, corporate law, data protection and digital business models, if this is explicitly agreed separately and individually. This advice is provided on the basis of the applicable legal framework and is based on the requirements and legal issues of the Customer.
3 Supplementary provisions for Legal Advice
3.1 The scope of the legal advice is the agreed activities and not the guarantee of of a specific legal, economic or other success.
3.2 Deadlines are deemed to be general targets unless they are expressly agreed as binding assurances.
3.3 The Provider may use suitable third parties to provide its services.
4 Supplementary provisions for Product & Services
4.1 In addition to the Product & Services descriptions, the following applies in all cases:
4.2 Registration and participation: Participation or access to Product & Services is secured by registration. In the event of non-attendance, access or entitlement to participate shall lapse without entitlement to a refund.
4.3 Changes and cancellations: The Provider reserves the right to change dates or cancel sessions at short notice.
4.4 Recordings of online meetings: The Provider reserves the right to record online meetings (e.g. via Zoom) in image and sound. By signing the customer agreement and participating, the Customer agrees that such recordings may be used without further ado for the following purposes:
• The recordings can be made accessible in the Provider’s password-protected member area.
• Selected and specially marked meetings may be published via publicly accessible platforms (e.g. YouTube, Facebook, LinkedIn) or other media of the Provider, provided that these meetings are intended for a wider audience.
4.5 Consent and availability: Consent to the recording also includes the Customer’s or participant’s contributions. The
Customer is not entitled to the production or provision of recordings. The Provider shall decide at its own discretion whether and to what extent recordings are made or made available.
4.6 Access: Access to digital offers and content is exclusively online. There is no entitlement to the physical provision of content. Conclusion of Contract
5 Cooperation of the Customer
5.1 The Customer shall provide the Provider with all necessary information and documents (including files, data, aids, etc.), access or the like at its own expense and risk. The Provider may assume that the documents and information provided and instructions given are admissible, correct and complete.
5.2 In the event of delay, defective or incomplete delivery, the Provider may demand compensation for the damage incurred and shall not be responsible for the damage or other consequences.
6 Contract Conclusion
6.1 The presentation of Legal Advice and Product & Services on websites, digital platforms, or other forms does not constitute a legally binding offer but an invitation to submit an offer („invitatio ad offerendum“).
6.2 A contract for Legal Advice or Product & Services is concluded when the Customer places an order based on the service description, and:
• A corresponding contract is signed between the parties (contract signing or order confirmation); or
• For digital purchases: by completing the checkout process.
6.3 With the conclusion of the contract or completion of the checkout process, the Customer accepts the application of these GTC.
6.4 Digital content: The provision of services for digital Products and Services shall not start until the Customer has given the Provider their express consent in accordance with section 7.3. The Customer acknowledges that by giving this consent he loses his right of revocation as soon as the provision of services begins.
7 Cancellation policy and waiver
7.1 There is no right of withdrawal for Business Customers. Likewise, there is NO right of withdrawal for legal advice services.
7.2 Right of withdrawal for consumers in accordance with Swiss, German and Austrian consumer protection law:
CONSUMERS HAVE THE RIGHT TO WITHDRAW FROM THE CUSTOMER CONTRACT WITHIN FOURTEEN DAYS FROM THE DATE OF CONCLUSION OF THE CONTRACT WITHOUT GIVING ANY REASON.
IN ORDER TO EXERCISE THE RIGHT OF WITHDRAWAL, THE CONSUMER MUST INFORM US (O4C, ANDREA.WAEBER@O4C.CH) BY MEANS OF A CLEAR STATEMENT (E.G. BY E-MAIL) OF THE DECISION TO WITHDRAW FROM THE CUSTOMER CONTRACT.
IN ORDER TO COMPLY WITH THE WITHDRAWAL PERIOD, IT IS SUFFICIENT THAT THE NOTIFICATION OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL IS SENT BEFORE THE EXPIRY OF THE DEADLINE.
7.3 Expiry of the right of withdrawal
THE RIGHT OF WITHDRAWAL EXPIRES PREMATURELY IF:
• THE CUSTOMER EXPRESSLY REQUESTS THAT THE PROVIDER BEGINS TO PROVIDE DIGITAL PRODUCT & SERVICES BEFORE THE EXPIRY OF THE WITHDRAWAL PERIOD (E.G. ACCESS TO DIGITAL OFFERS, MEMBER AREA OR CONTENT), AND
• THE CUSTOMER CONFIRMS THAT HE LOSES HIS RIGHT OF REVOCATION UPON PERFORMANCE OF THE SERVICES OF THE OFFER.
8 Right of use / access to member area
8.1 Legal advice: The rights of use of the deliverables created in the context of legal advice are transferred to the Customer upon full payment of the remuneration.
8.2 Products & Services: Only the Customer who has duly obtained access to digital content of the Product & Services and/or the Members Area by accepting and fulfilling the Customer Contract has permission to use and participate in the content.
8.2.1 To the extent necessary for the fulfillment of the contractual relationship and against full payment of the agreed fees, the Provider grants the Customer a non-exclusive, personal right of use for a limited period of time to the intellectual property rights to the content (videos, materials, access data) of the Product & Services.
8.2.2 Legal content provided as part of the Product & Services is for general information purposes only and does not replace individual legal advice.
8.2.3 Furthermore, the Provider reserves all intellectual property rights to the content. The editing, reproduction, forwarding, making available, (sub)licensing or any other use beyond that contractually granted is prohibited and requires the written consent of the Provider. This also means that the Customer may not pass on, publish (including screenshots, transcripts, video or audio files) or reproduce any content or login data and use it to inform third parties free of charge or for a fee or to pass on or publish content in any other way.
8.3 Violations may result in the immediate blocking of access or termination of the contract as well as claims for damages.
8.4 Limited duration: Access to the digital Products & Services /member area is valid for the duration specified in the respective contract or service description (e.g. 6 months, 1 year). The downloaded or received content (downloads, checklists, workbooks, etc.) can be used for an unlimited period of time, subject to compliance with the terms of use agreed in section 8.
8.5 An extension of the access or the Product & Services is not automatic, but must be agreed or purchased separately.
8.6 Price adjustments on renewal: The Provider reserves the right to adjust the conditions and prices for renewals in accordance with section 14 of these GTC.
9 Fees and Payment Terms
9.1 Currency
Prices for Customers based in Switzerland are stated in Swiss Francs (CHF) plus applicable VAT.
Prices for Customers outside Switzerland are stated in Euros (EUR) plus applicable VAT.
9.2 Billing terms
Products & Services must be paid for in advance and will only be provided once payment has been received.
Legal Advice may be invoiced at regular intervals or after completion, at the Provider’s discretion. The Provider also reserves the right to charge an advanced payment before providing the service.
9.3 Payment modalities for invoicing
The Customer is obliged to pay the invoice amount within 10 days of invoicing, unless a different payment deadline has been agreed.
Payments can only be made by bank transfer. Any bank or transaction fees incurred shall be borne by the Customer.
9.4 Payment modalities in the online shop
In the online shop, the payment methods offered and selected by the Customer in the checkout process take precedence over the other provisions in this section.
Payment is due immediately upon completion of the checkout process, unless a different payment term is expressly agreed.
9.5 Default and Consequences
In the event of a payment default or a failed transaction (e.g. returned direct debits or canceled payments), the Provider reserves the right to
• charge default interest of 6% p.a. and a fee of CHF/EUR 30 per reminder. If payment is not received on time, the Customer is automatically in default without a reminder. The Provider may suspend Product & Services until payment is made in full, and/or
• suspend and/or block access to Products & Services until the payment has been settled in full.
The Provider also reserves the right to withdraw from the contract or to terminate it extraordinarily.
10 Termination
10.1 The contract for Products & Services ends automatically at the end of the fixed contract term specified in the customer contract or the service description. Early termination is not agreed.
10.2 Legal advice contract ends when the agreed advisory services have been provided.
10.3 The Customer may terminate the legal advice contract at any time with a notice period of 14 days, unless other notice periods have been agreed in the contract. The Customer shall reimburse the Provider in full for any work and expenses already performed and/or bindingly planned.
10.4 If the Customer terminates the contract without observing the specified period of grace or notice, the Customer shall be obliged to pay for the services provided to date and the estimated expenses up to the next possible termination date.
10.5 Each party is entitled to terminate the contract with immediate effect for good cause, in particular if:
• the other party violates essential contractual obligations, in the event of misuse (including urgent suspicion) (e.g. default of payment, violation of rights of use, unauthorized disclosure or making the content accessible), or
• the other party becomes insolvent, bankruptcy proceedings or debt restructuring proceedings are initiated or a corresponding application has been made.
10.6 The Provider may also terminate the contract extraordinarily with immediate effect if it is unable to continue providing the service for personal, technical or legal reasons.
11 Liability
11.1 The Provider is liable only for intent and gross negligence. No guarantee is given for the success or enforceability of the legal assessments.
11.2 The Provider endeavors to ensure the continuous availability of digital content but does not guarantee uninterrupted service. In the event of unavailability, there is no entitlement to a refund or reduction. Furthermore, the Provider accepts no liability for technical problems that are beyond its control.
11.3 Liability for indirect damages, consequential damages or loss of profit is excluded to the extent permitted by law.
12 Data protection
12.1 Personal data of the Customer may be processed to fullfill the contract. The Provider processes the Customer’s personal data in accordance with the applicable data protection laws.
12.1 Further details on the handling of personal data are set out in the Privacy Policy oft he Provider at www.o4c.ch. The Customer confirms acceptance of the privacy policy upon conclusion of the contract.
13 Confidentiality
13.1 The parties undertake to treat as confidential any information marked as confidential that is disclosed. A separate non-disclosure agreement (NDA) may also be concluded for specific consulting mandates.
13.2 The confidentiality obligation shall remain in force for a period of 2 years after termination of the contractual relationship.
13.3 The confidentiality obligation shall not apply to information that:
• was lawfully known to the receiving party prior to disclosure, or
• becomes publicly known through no fault of the receiving party, or
• must be disclosed due to legal regulations or official orders, or
• information exchanged between participants on a voluntary basis in the context of coaching sessions or workshops shall be deemed public unless expressly agreed otherwise. It is the responsibility of the participants to decide for themselves what information they wish to share. The provider assumes no liability for the use or disclosure of this information by other participants.
14 Amendments
14.1 The Provider reserves the right to amend these GTC at any time. The Customer shall be notified of any changes in due time before an extension or new booking is made and shall be deemed to have accepted them when the offer is used or extended.
14.2 The Provider reserves the right to adjust prices for offers or extensions at any time. The Customer will be notified of price changes in due time before an extension or new booking is made.
15 Applicable law and place of jurisdiction
15.1 Swiss law shall apply exclusively, to the exclusion of the conflict of laws and international conventions such as the Vienna Sales Convention, provided that this does not restrict any mandatory consumer protection regulations of the country in which the consumer has his habitual residence.
15.2 For all disputes in connection with these GTC, the registered office of the Provider shall be the competent place of jurisdiction if the Customer is an entrepreneur.
15.3 For consumers residing in Switzerland or within the European Union, the statutory provisions on the place of jurisdiction and consumer protection, in particular the jurisdiction of the courts at the consumer’s place of residence, shall also apply.Governing Law and Jurisdiction
Last updated: January 1, 2025
