Terms and Conditions

1. Scope and Contracting Parties

1.1 These Terms and Conditions govern all contractual relationships between Imagine Group Switzerland, Mühletalweg 8, 6045 Meggen, Switzerland (hereinafter Contractor), and its customers regarding consulting, coaching, project and digital services, particularly software-based applications such as the Business Plan Generator.

1.2 The offer is aimed at:
– natural persons (B2C), provided they do not enter into the contract in the course of an independent or commercial activity;
– companies and self-employed persons (B2B) within the meaning of the Swiss Code of Obligations (OR).

1.3 Swiss law applies. Mandatory consumer protection provisions of the country of residence of B2C customers remain reserved insofar as they are applicable and mandatory.

1.4 If individual provisions are expressly marked as B2B or B2C, they apply exclusively to that customer group. Otherwise, the provisions apply to both customer groups.

1.5 Deviating or supplementary terms and conditions of the customer do not apply unless the Contractor expressly agrees to their validity in writing.

2. Subject of Contract

2.1 The subject of the contract includes in particular:
– consulting, coaching and project services;
– digital services and software services (SaaS), particularly the Business Plan Generator;
– other services according to individual offer, project contract or order process.

2.2 The specific scope of services, remuneration, term and special conditions result from the respective offer, project contract or online ordering process.

3. Conclusion of Contract

3.1 The presentation of services on the website or in documents does not constitute a binding offer, but an invitation to the customer to submit an offer.

3.2 A contract is concluded as soon as:
– the Contractor confirms an offer in writing or
– a project contract is signed or
– for digital services, payment is received and access to the service is activated.

3.3 Automated receipt or payment confirmations do not yet constitute acceptance of the contract. Activation of the service is considered acceptance of the contract.

4. Service Provision

B2B

4.1a The Contractor provides its services with industry-standard care according to the agreed scope of services. Deadlines are only binding if they are expressly designated as binding.

4.2a The customer provides all information required for service provision completely and on time. Delays are at the customer's expense. Additional costs may be charged.

4.3a The Contractor is entitled to engage qualified third parties.

B2C

4.1b By placing an order via the website, the customer makes a binding offer.

4.2b In Switzerland, there is no statutory right of withdrawal for digital content. For customers residing abroad, the mandatory consumer protection provisions of the respective country apply.

4.3b Coaching packages can be cancelled free of charge within five working days from the order date, provided no service has yet been rendered. The start of service includes in particular the activation of access, individual preparation or the first coaching session.

5. Business Plan Generator (Digital Service)

5.1 The Business Plan Generator is a software-based tool for structuring business ideas. No specific economic or financial success is owed.

5.2 The content is based solely on the data entered by the customer. The customer bears sole responsibility for its accuracy, completeness and legal admissibility.

5.3 Use does not replace individual legal, tax, business or financial advice.

Availability and Maintenance

5.4 The Contractor strives for high availability but does not owe uninterrupted accessibility. Maintenance and further development may lead to temporary restrictions.

System Failures

5.5 In case of technically caused failures, there is no claim for damages unless there is intentional or grossly negligent conduct.

Misuse and Automated Use

5.6 Any misuse, particularly scraping, automated queries, reverse engineering or systematic reproduction, is prohibited.

Blocking and Deletion of Accounts

5.7 In case of violations of these Terms, default of payment or security risks, the Contractor is entitled to temporarily block or permanently delete access, unless mandatory legal rights of the customer preclude this. There is no right to restoration in case of justified blocking.

6. Remuneration and Payment Terms

6.1 Prices are in CHF plus VAT, unless otherwise stated.

6.2 Payments are due in advance unless otherwise agreed in the offer or order process.

6.3 In case of default of payment, the Contractor may charge default interest of 5% p.a. and reminder fees up to CHF 10 per reminder and withhold services.

6.4 Set-off against counterclaims is excluded for B2B customers unless they are legally established or acknowledged.

7. Contract Duration and Termination

7.1 One-time services end upon complete service provision.

7.2 Ongoing services and subscriptions are concluded for the agreed term. Unless otherwise agreed, the notice period is 30 days to the end of the term.

7.3 The right to immediate termination for good cause remains reserved. Services already rendered are charged proportionally according to time spent or the portion of services rendered up to the time of termination.

8. Usage and Copyright

B2B

8.1 After full payment, the customer receives a simple, temporally and spatially unlimited right of use to the work results for their own business purposes.

8.2 Methods, templates, software, structures and the Business Plan Generator remain the property of the Contractor.

8.3 Use for reference purposes is exclusively anonymized unless express consent is given.

B2C

8.4 B2C customers receive a simple, non-transferable right of use for their own private or professional purposes, including storage and use of the content.

9. Warranty

9.1 The Contractor provides the services in accordance with the contract.

9.2 No guarantee is given for economic success, investment commitments, market acceptance or legal exploitability.

10. Liability

10.1 Liability is unlimited in case of intent and gross negligence.

10.2 In case of slight negligence, the Contractor is only liable for breach of essential contractual obligations, i.e. obligations whose fulfillment makes the proper execution of the contract possible in the first place, and only for foreseeable damage. Mandatory statutory liability claims of consumers remain unaffected.

10.3 Liability for indirect damages, consequential damages and lost profits is excluded for B2B.

11. Data Protection and Data Backup

11.1 The processing of personal data is carried out in accordance with the Swiss Data Protection Act (DSG) and the Privacy Policy.

11.2 Marketing communication takes place only with the express consent of the customer.

11.3 The customer is responsible for backing up their own entered data. The Contractor assumes no data backup obligation beyond industry-standard technical security.

12. Order of Precedence of Contract Documents

In case of contradictions, the following order of precedence applies:

1. Project contract or individual offer
2. these Terms and Conditions
3. Service description on the website

13. Jurisdiction

13.1 For B2B customers, the exclusive place of jurisdiction is the Contractor's registered office.

13.2 For B2C customers, jurisdiction is determined according to the mandatory legal provisions of the applicable law.

14. Severability Clause

Should any provision of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the default law shall apply.

15. Contact