General Terms and Conditions

1. Purpose

These General Terms and Conditions (GTC) define the terms under which services are provided between Motivaction
(hereinafter referred to as “the Service Provider”) and the Client (legal entity or individual).
They apply to all training, consulting, and coaching services provided by Motivaction,
unless otherwise agreed in writing.

2. Services

Motivaction provides services in the field of continuing education in management, sales, communication, and customer orientation.
The services may include inter-company or in-company training, individual coaching, educational concepts,
development programs, and any other tailor-made training service.

3. Acceptance of the Contract

The signature of a quotation, offer, purchase order, or contract, as well as any written validation (including by e-mail),
constitutes full and unconditional acceptance of these GTC.
In case of contradiction between contractual documents, these GTC shall prevail, unless otherwise agreed in writing.

4. Invoicing

Unless otherwise stated, invoicing occurs four weeks before the start of the first session.
In the case of a study, design, or specific preparation not followed by a contract,
a flat-rate indemnity of CHF 1,960.– excluding VAT may be invoiced
to cover design costs and intellectual property rights.

5. Terms of Payment

Invoices are payable within 30 days net from the date of issue, without discount.
In the event of late payment, interest of 5% per year (Art. 104 CO) shall be applied,
without prejudice to any reminder, collection, or legal fees.
Motivaction reserves the right to suspend service delivery until full payment is received.

6. Additional Costs

Travel, accommodation, meal, venue rental, or equipment costs necessary for the proper execution of the training
are borne by the Client, unless otherwise stated in the contract.
Travel expenses are invoiced at the current rate (CHF 1.20 excl. VAT/km) or upon presentation of receipts for public transport.

7. Contract Amendments

Any modification to the contract must be agreed upon in writing (letter or e-mail with acknowledgment of receipt).
Requests for additional services shall result in an amendment or additional invoicing.

8. Cancellation or Postponement

In the event of cancellation of a confirmed training session, the following compensation fees shall apply as planning and commitment costs:

  • 25% of the total amount if cancellation occurs less than 8 weeks before the scheduled date,

  • 50% if less than 6 weeks,

  • 75% if less than 4 weeks,

  • 100% if less than 2 weeks.

Any training session that has started is due in full.
The start of the course—whether attended in person or remotely—constitutes full acceptance of the service
and obliges the Client to pay the entire cost, regardless of the actual duration attended.
Postponements are considered cancellations followed by a new order, unless otherwise agreed in writing.

9. Force Majeure

Motivaction cannot be held liable for total or partial non-performance of the contract in cases of force majeure
(natural disasters, war, strikes, pandemics, administrative restrictions, etc.).
Execution of the contract shall be suspended for the duration of the event, without compensation,
and both parties shall promptly inform each other of any situation affecting performance.

10. Liability

Motivaction is liable only for proven direct damages resulting from gross negligence or willful misconduct.
Any liability for indirect or consequential damages, or loss of profit, is expressly excluded.
The Client remains solely responsible for the use of knowledge and tools acquired during the training.

11. Intellectual Property

All materials, contents, educational concepts, and tools provided or used by Motivaction
are protected under Swiss copyright law (CopA).
They remain the exclusive property of Motivaction and may not be reproduced, distributed, modified,
or used without prior written authorization.

12. Confidentiality and Data Protection

Motivaction undertakes to treat the Client’s confidential information with the utmost care.
Personal data are processed in accordance with the Swiss Federal Act on Data Protection (nFADP, SR 235.1)
and only for the purpose of contract execution.
No data shall be disclosed to third parties without the Client’s consent, except where required by law.

13. Termination for Breach

In the event of a serious and repeated breach of contractual obligations by the Client,
and after a 10-day notice without remedy, Motivaction reserves the right
to terminate the contract with immediate effect, without prejudice to its right to claim damages.

14. Amendments to the General Terms and Conditions

Motivaction reserves the right to amend these GTC at any time.
The applicable version is the one in effect at the time of signature of the contract or order.

15. Applicable Law and Jurisdiction

The contract is governed by Swiss law.
Any dispute shall be submitted exclusively to the competent courts of Motivaction’s registered office in Pully (VD),
subject to appeal before the Federal Supreme Court.

Issued in Pully, on January 1, 2025

[/vc_column_text]