General Terms and Conditions
Art. 1 Applicability
a) The General Terms and Conditions shall be part of any contract and business arrangement between Heidirelocation and the client.
b) Any amendments to a contract shall be effective only if they are in writing.
c) Heidirelocation will not perform additional tasks outside of the agreed services without prior written consent between the parties.
Art. 2. Terms of payment and prices
a) One-third of the total fee for commissioned services shall be payable immediately upon acceptance of the client’s request for the services. The other two-thirds of the total fee shall be paid into the current account indicated in the invoice, when the services have been completed, but not later than 10 days after the date of the final invoice.
b) The parties can agree to an hourly rate for services to be commissioned, which shall be no less than 150 Swiss francs (hundred fifty Swiss francs). An advanced payment shall be mandatory and calculated pursuant to Art. 2 lit. a).
c) In the event of a delay in payment, Heidirelocation shall be entitled to make additional charges for costs as foreseen in the applicable law.
Art. 3 Claim to payment of fees
a) The contractual relationship between the parties shall be governed by Swiss Assignment law pursuant to Art. 394 of the Swiss Code of Obligations (OR). The Client shall pay the agreed fees irrespective of whether a desired success has been achieved.
b) The claim to payment of fees shall arise when Heidirelocation is ready to perform the services and after the contract has been signed by the parties.
Art. 4 Cooperation of the Client
The Client undertakes to cooperate in performing the contract, and to give Heidirelocation all required information and documents, and to meet the deadlines.
Art. 5 Duration of Contract and Cancellation
The duration and cancellation of the contractual relationship between the parties shall be fixed individually, pursuant to the requested services and the conditions of the Swiss Assignment law.
Art. 6 Liability
Heidirelocation shall be liable to the extent permitted by the Swiss assignment law, as stipulated in Art. 398 of the Swiss Code of Obligations (OR).
Art. 7 Confidentiality
Heidirelocation undertakes to observe confidentiality with regard to matters of which it becomes aware in connection with the commissioned services, unless information is provided in the Client’s interests or the Client has released Heidirelocation from its obligation to observe confidentiality.
In any case the client’s information will be used solely for the purpose of assisting with the relocation process. Data will be kept secured and will be returned if requested by the client.
Art. 8 Severability
The invalidity of individual provisions of the General Terms and Conditions shall not affect the validity of the other provisions. In this case the contracting parties shall replace the invalid provision with a new provision whoseeffect shall be as close as possible to the invalid provision according to the consensus of the contracting parties.
Art. 9 Legal venue
These terms and conditions and the contractual relationship between the parties shall be governed and construed in accordance with the laws of Switzerland.
Each party agrees that the court of Bern shall have exclusive jurisdicion over all matters arising out of or relating to these terms and conditions and the contractual relationship.