General Terms and Conditions (GTC)

Correspondence address

Talentum AG

Rotbühlstrasse 18

8810 Horgen

Tel: +41 79 401 66 41

These General Terms and Conditions apply to all business transactions of Talentum AG. They govern the contractual relationship between the client and Talentum.

Conclusion of contract

Unless otherwise agreed, quotations from Talentum are valid for 30 days. A contract shall only be concluded upon written order placement by the client. Orders can be delivered to Talentum via e-mail, letter post or by personal delivery. Talentum may refuse to accept orders without stating reasons and may interrupt, shorten or prematurely terminate the execution of an order if the client makes it difficult or impossible to fulfill the order or if the client is in default of payment.


Liability

Talentum carries out all orders with the greatest possible care and the necessary quality. However, Talentum accepts no liability for the results of its activities. Talentum’s liability for damages is expressly excluded to the extent permitted by law. In particular, Talentum also accepts no liability for damage caused by circumstances for which Talentum is not responsible. In particular, Talentum is not liable for the suitability of third party software installed at the client’s site and also does not guarantee the functionality of such products within a specific IT system or in combination with a specific application. Furthermore, Talentum shall not be liable for any damage resulting from (i) incorrect manipulation of the or (ii) attacks on the hardware and software environment.

Confidentiality, data protection and data security

Talentum and the client mutually undertake to maintain the confidentiality of all information and data not in the public domain which become accessible to them during the preparation and execution of the contract. This obligation shall remain in effect after termination of the contract for as long as there is a legitimate interest in doing so.

Talentum and the client shall ensure data protection and data security within their respective spheres of influence and responsibility. Talentum collects and processes personal data as described in its privacy policy, in accordance with any additional agreements with the client and in compliance with the Swiss Data Protection Act (DSG) and other applicable laws.

Talentum undertakes to treat all information received from the client as strictly confidential and to use it exclusively for the execution of the order. Agreements to the contrary remain reserved. The client may use the anonymized data from the order study for further research projects. It may grant third parties the right to use data. Talentum may make further use of general findings from studies and projects. Talentum ensures that third parties cannot infer the results of the studies or previous projects and the identity of the client from the use of the know-how.

Retention obligation

Talentum is obliged to retain project-specific documents for two years after delivery of the study report. Longer periods must be expressly agreed.

Services and fees

Unless otherwise agreed, Talentum is entitled to transfer the order. The client will be informed of the identity of the subcontractors upon request.

Cancellation conditions

Consulting: If the client terminates a consulting project prematurely, all expenses incurred up to that point plus 50% of the expenses not incurred in accordance with the order shall be owed.

Coaching: If the client terminates a coaching project prematurely, all expenses incurred up to that point plus 20% of the expenses not incurred in accordance with the order shall be owed.

Assessment: In the event of cancellation later than 14 days before the date of the individual assessment, 50% will be charged, and later than 7 days before the start of the assessment, the full assessment price will be charged. For group assessments the same conditions apply as for consulting projects.

Expenses and third-party costs

Travel expenses according to actual costs (train 1st class or car CHF 0.85 per km), meals/accommodation according to actual costs. Costs for third-party services such as hotel, translations and production of auxiliary materials will be borne or invoiced by the client.

Use of third-party software

If Talentum has to perform the order with the help of a software environment of a third party or if the client uses the services of Talentum via such a software environment, the use of this software environment shall be subject to the license conditions of this third party. In the absence of an explicit agreement to the contrary, Talentum’s performance shall be limited to acquiring the necessary licenses for the use of the software environment in accordance with the contract. Talentum and the client shall ensure compliance with the license conditions within their respective spheres of influence and responsibility. It is the responsibility of the client to check whether the software environment meets the client’s requirements regarding compatibility, data protection and data security.

General

Should these regulations or parts of these regulations be or become invalid, this shall not affect the validity of the remaining regulations. The invalid provision shall be replaced by a provision that comes as close as possible to its economic meaning.

Any agreements deviating from these GTC must be made in writing.

Applicable law and place of jurisdiction

These GTC and any legal disputes arising from or in connection with the contractual relationship between Talentum and the client are subject exclusively to Swiss law. The exclusive place of jurisdiction is Zurich.

Zurich, March 2021