8sa GmbH, Seefeldstrasse 287, 8008 Zurich, herein after “8sa” will provide the services as specified in this agreement (the “Agreement”) to you, herein after the “Client”. Both 8sa and the Client are also referred to together as the “Parties”.

Our Services

8sa agrees to provide the Client with the services as selected by the Client and as requested in the intake form on 8sa’s website (the “Services”).  The Services will be mainly be performed virtually or at 8sa’s office. 

Subcontracting

The Client takes note and agrees that most of the Services will be provided by subcontractors of 8sa. 8sa is authorized to appoint any subcontractor without the prior approval or information of the Client.

If 8sa uses third parties for data deliveries (such as Bloomberg, Reuters, etc.) 8sa is not liable for the correctness of the delivered data.

Fees

The fees for the Services will be based on the Service selected as defined on 8sa’s website or otherwise agreed upon.  The amount specified is not including Swiss Value Added Tax.

A Client can also book a package of a selected number of hours of Services which can be used over 365 days after the booking. After 365 days, any unused hours of Services will become void. 

Appointment cancellation or no-shows.

Appointments cancelled with less than 24 hours’ notice to 8sa, will be fully chargeable.  Where the Client does not show for the appointment, the appointment will be fully chargeable to the Client. 

Invoicing and terms of payment

If applicable, for Clients based in Switzerland and where invoice is selected as payment form 8sa shall present an invoice on the basis of the Services performed. The invoice is due and payable fourteen (14) days from the invoice date.

For Clients outside Switzerland or where credit card is chosen as payment form, an invoice will be issued after completion of the Services. The credit card will only be charged after delivery of the Service or in the case of cancellation or no-show as described above. 

Expenses

8sa shall be reimbursed for all reasonable out-of-pocket expenses incurred by 8sa directly as a result of carrying out certain on 8sa’s website indicated Services under the terms of this Agreement. The Client shall reimburse 8sa on demand and following receipt of appropriate receipts.

Out-of-pocket expenses presumably exceeding CHF 100 per item are subject to the Client’s prior approval.

Feedback on Services

8sa appreciates the feedback by the Client on the quality of the provided Services. A respective form will be sent to the Client after the provision of the Services.

Liability

8sa shall be liable to the Client only for intentional or grossly negligent caused damages. Any liability for fines, damages for loss of profit, loss of data or goodwill or consequential damages, indirect damages, special damages or other damages that have arisen during the performance of the Services is excluded, irrespective of whether such damage was foreseeable or not.

Incidentally, regardless of the legal reason, 8sa’s liability is limited to the amount corresponding to the actual received fees for the Services performed (without expenses, VAT, etc.) by 8sa.

Confidentiality and Data Protection

Throughout the duration of this Agreement and following termination thereof, the Parties shall treat as confidential any information disclosed to them while providing or receiving Services under the Agreement (e.g. trade secrets, personal data, expertise). Both Parties shall comply at all times with the provisions of the Swiss Data Protection Act.

The Client takes note and agrees that certain data of the Client may be stored, if not otherwise possible, in a jurisdiction with data protection regulations that are not equivalent to Swiss data protection rules, for example in the United States of America.

Neither Party to this Agreement may disclose the contractual relationship between the Parties nor the content of the Agreement itself to third parties.

Notwithstanding the provisions. above, the Parties shall be entitled to disclose information and data by reason of

• any statutory or regulatory provisions,
• any decision of a court or public authority,
• obligations to competent regulatory authorities, governmental offices and professional bodies, as well as
• the need to safeguard their interests in relation to their insurers and legal advisors.

8sa may further disclose information to third parties in order to publicize the Services it has provided in a manner that conforms to standard industry practice (e.g. advertisements, reports to market research organizations) or use the information for reference purposes.

Term of the Agreement

This Agreement will enter into force upon the Client’s confirmation of the booking of the Services on 8sa’s website or when a defined package is purchased and shall end automatically once the Services have been fully provided.

Applicable law and place of jurisdiction

Applicable law is Swiss law, in particular articles 394 et seq. of the Swiss Code of Obligations. The exclusive place of jurisdiction is Zurich.