1. scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the service packages of OSA Consulting GmbH (hereinafter referred to as the “Company”), Eptingerstrasse 61, in 4132 Muttenz BL, listed on the homepage (www.osaconsulting.ch).
The Company owns and operates the platform www.osaconsulting.ch and provides paid and unpaid services on it in connection with consulting services of clients.
These GTC apply to the above-mentioned areas as well as to the other services and service packages which the Company provides directly or indirectly to the Client.
2. Conclusion of contract
The conclusion of the contract is effected by the acceptance of the offer and confirmation of payment for services on the part of the Company.
Unless otherwise quoted, all prices are in Swiss francs (CHF). Prices are exclusive of any other applicable taxes (in particular value added tax).
The Company reserves the right to change prices at any time. The prices valid at the time of the
prices on the website www.osaconsulting.ch are valid at the time of the conclusion of the contract.
The amount or price for the desired service is to be paid during the order process or when purchasing services via credit card, PayPal, Twint, or exceptionally by manual bank transfer.
The selected service package and its costs will be debited to the customer annually with value date 31.12 for payments via credit card and PayPal and credited to OSA Consulting GmbH.
If, exceptionally, payment is made by invoice, the client is obliged to settle the invoiced amount within 14 days of the invoice date. If the invoice is not paid within the aforementioned payment period, the client will be warned. If the customer does not settle the invoice within the set reminder period of a further 14 days, he shall automatically be in default. From this point in time of default, the Client shall owe interest on arrears in the amount of 5% in addition to the amount invoiced.
The Company reserves the right to demand payment in advance at any time and without giving reasons.
Offsetting the invoiced amount against any claim the Client may have against the Company is not permitted.
In the event of late payment, the Company shall be entitled to refuse the provision of services in full and immediately.
4.1 Adjustment of membership grade
An adjustment of the membership level can be made for the following month. The difference will be booked accordingly with the service package already paid for and invoiced separately.
5. obligations of the company
5.1 Provision of services
Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service. The service includes the services which are or were published online at the time of the conclusion of the contract.
5.2 Auxiliary persons
The Company has the express and unilateral right to engage auxiliary persons to perform its contractual duties. In doing so, it shall ensure that the auxiliary person is engaged in compliance with the required and necessary qualities.
The Client is solely responsible for the safekeeping of his access data and passwords for the online platform; the Company accepts no liability for this.
The Client shall immediately make all arrangements necessary for the Company to provide the service. The Client shall make the arrangements at the agreed place at the agreed time and to the agreed extent. This may include the provision of appropriate information and documentation to the Company as required.
By accepting these GTC, the customer also confirms that he or she has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and in compliance with the rights of third parties, morality and the law.
5.4 Obligation to cooperate
The Client is obliged to cooperate fully and promptly. He shall hand over to the Company all documents required in connection with the provision of the service, complete and correct in content. The Company assumes that the information and documents supplied are correct and complete and comply with the legal obligations to cooperate and provide information. The Company shall only be responsible for checking the correctness and regularity of the Client’s information, documents and figures if this has been agreed in writing in advance.
5.5 Further Duties
The Client is responsible for the safekeeping of his access data and passwords, as well as for the content of the data and information collected.
The Company is entitled to monitor the conduct of the Client in connection with the use of the Internet platform. In particular, the Company is entitled to check the legality of content entered by the Client on the online platform at any time.
Both parties have the right to terminate the service package at any time, subject to a notice period of three (3) months, in each case to the end of each month. The full 1st membership fee is owed in all cases.
A tacit renewal for 1 year shall be automatic unless written notice of termination is given three (3) months prior to 31 December.
The Company shall endeavour to ensure good availability of www.osaconsulting.ch and shall take reasonable precautions to protect www.osaconsulting.ch from unauthorised interference by third parties.
However, it cannot guarantee that the functioning of www.osaconsulting.ch and the services offered will be uninterrupted or trouble-free, nor can it guarantee that the files are free of viruses. The company gives no guarantee for the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and documents. It can also give no warranty for non-spamming, harmful software, spyware, hacking or phishing attacks etc. that impair the use of the service, damage the infrastructure (e.g. terminal equipment, PC) of the Client or otherwise harm the Client. The Company cannot guarantee the factual and content-related correctness, completeness and reliability or quality of the information and processes provided, published or transmitted or the work result of the Services. Any problem or defect must be reported to the Company immediately.
Liability for any indirect damage and consequential damage is excluded in full. Liability for direct damage is limited to the total of the service package purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The client is obliged to report any damage to the company immediately. Any liability for auxiliary persons is excluded in full.
8. service packages
8.1 One tax return per year is completed
One tax return for natural persons is completed per tax year. This includes the submission of a maximum of five (5) documents (excluding the cover sheet, as well as mandatory documents from the competent tax office). Tax returns/accounting for sole proprietorships and legal entities are excluded and require a separate request to agree on the price.
8.2 Support in case of questions and difficulties, as well as access to the finance market
via the company
The company ensures availability from 0900 hrs – 2000 hrs. Availability on Saturdays, Sundays and public holidays is excluded and is entirely at the discretion of the client advisor in charge.
The company supports its customers with various questions and uncertainties. However, this in no way constitutes a guarantee that the circumstances will be resolved.
8.3 Registration of claims in the area of property insurance and assistance with
all other claims
Claims can be filed for the client by OSA Consulting GmbH in the following categories:
– Household contents insurance
– Valuables insurance
– building insurance
– Motor vehicle insurance
– travel insurance
In the category of financial losses (private liability and vehicle liability), OSA Consulting GmbH reserves the right to check the facts of the case before fulfilling the order and, if necessary, to reject the order and merely act as support for the filing of the claim.
OSA Consulting will take over the registration of the claim under the above mentioned headings if the following documents are available:
– Policy (contract with all pages)
– Course of events of the damage
– date of damage
– Pictures of the claim
– Personal data of the persons at fault and the injured parties
Excluded in all cases are the sections of the personal insurances mentioned below. In the case of claims in this area, OSA Consulting GmbH can only act as a support in the registration of the claim.
– Private pension insurance.
– Private health insurance.
– Term life insurance.
– Endowment insurance.
– Supplementary health insurance.
8.4 Personal access to our homepage incl. active policy management.
After the successful purchase of the corresponding service package, the client has the right to his own login on www.osaconsulting.ch and sets his personal password in the client portal.
With the payment and the purchase of the service package the customer confirms that he is informed and agrees that his policies are uploaded on the CRM of OSA Consulting GmbH and are available to the customer for viewing and downloading.
OSA Consulting GmbH endeavours to have the most recent policies uploaded, if the client does not find the most recent policies in the client area, he is obliged to inform OSA Consulting GmbH about this circumstance by e-mail or telephone.
8.5 Access to job placement services
This service is provided by auxiliary persons of the company. OSA Consulting GmbH does not assume any liability for incorrectly performed work and refers to the executing auxiliary person, who will be announced by the client at the time of the request.
8.6 Curriculum Vitae Optimisation
This service is carried out by auxiliary persons of the company. OSA Consulting GmbH does not assume any liability for incorrectly performed work and refers to the executing auxiliary person, who will be announced by the client at the time of the request.
8.7 Ordering extracts from the debt enforcement and criminal registers.
The Client has the right to request a debt enforcement and criminal record extract via the Company once a year.
The Company shall organise the ordering of the document(s) and the costs incurred.
9. intellectual property rights
The Company is entitled to all rights to the products, services and any trademarks or is authorised to use them by the owner.
Neither these General Terms and Conditions nor any individual agreements pertaining thereto involve the transfer of intellectual property rights, unless this is explicitly mentioned.
Furthermore, any further use, publication and making available of information, images, texts or other data which the Client receives in connection with these provisions is prohibited, unless this is explicitly approved by the Company in writing.
If the Customer uses content, texts or pictorial material in connection with the Company in which third parties have a property right, the Customer shall ensure that no property rights of third parties are infringed.
10. data protection & e-mail traffic
The Company may process and use the data recorded in the course of concluding the contract for the purpose of fulfilling its obligations under the contract. The Company shall take all measures necessary to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes as well as pass them on to its partners for advertising purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners and/or auxiliary persons, as well as to other third parties.
The transmission of unencrypted data by e-mail is neither secure nor suitable for exchanging confidential information and personal data. If you disclose confidential information by e-mail without taking security precautions, you should also be aware that unauthorised third parties (e.g. hackers) may be able to access and view it. You should also be aware that unauthorised third parties may falsify the information you send without your consent and use it for their own purposes. The information transmitted by e-mail
information sent by e-mail could be sent abroad. This can even be the case if the sender and recipient are in Switzerland. For this reason, you must also reckon with the fact that the information transmitted via e-mail could also be transferred to a country in which there is a lower level of data protection than in Switzerland. However, if you nevertheless contact us by unencrypted e-mail and send us enquiries, we assume that you wish to communicate with us in this way. In this case, you also agree that we may also reply to you by unencrypted e-mail and transmit the information requested by you.
The partner programmes of OSA Consulting GmbH may provide that so-called kickbacks are paid to the partners for the referral of customers. The customer of OSA Consulting GmbH waives the surrender of this commission.
12. changes of the general terms and conditions
The version of the GTC which is in force at the time of the conclusion of this service package is valid for the client. Unless the client has agreed to a newer version of the GTC.
These GTC take precedence over all older provisions and contracts. Only provisions of individual contracts which further specify the provisions of these GTC shall take precedence over these GTC.
14. Severability clause
Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions of these GTC. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.
Both parties as well as their auxiliary persons undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.
16. Force majeure
If the timely performance by the Company, its suppliers or any third party called in is rendered impossible as a result of force majeure, the Company shall be released from the performance of the obligations concerned for the duration of the force majeure and for a reasonable start-up period after its end. If the force majeure lasts longer than thirty (30) days, the Company may withdraw from the contract. The Company shall refund to the Client in full any remuneration already paid. Any further claims, in particular claims for damages as a result of Vis major, are excluded.
17. Applicable Law / Place of Jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory legal provisions take precedence, the court at the registered office of the company shall have jurisdiction. The
United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.