General Terms and Conditions
Beyond Pilots GmbH
1. Scope of application and definitions
These Terms & Conditions (T&Cs) are the basis of all legal transactions between BEYOND PILOTS as a company (‘BEYOND PILOTS’) and the contracting party (‘Customer’) They govern your use of our website, services, and consulting offerings (collectively referred to as the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you should discontinue use of our Services immediately. Any Customer terms and conditions contradicting the provisions set out herein shall only apply where they have been accepted by BEYOND PILOTS in writing. Amendments and additions to any agreement, including agreements made in any other form, must also be made in
writing.
An agreement shall be deemed to be entered into upon receipt by the Customer of the written order confirmation from BEYOND PILOTS, upon signature of an individual agreement by both parties or upon receipt of the service by the Customer, whichever occurs first.
2. Services
We provide consulting services in IT and technology-related fields for companies globally. Our consulting services (“Services”) may include, but are not limited to, IT strategy, digital transformation, software implementation, and technology project management.
3. Eligibility
By accessing and using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts under applicable law.
4. Use of Website
4.1 You may use our website for lawful purposes only. You must not use our website in any way that is fraudulent, harmful, or in connection with any unlawful activity.
4.2 We reserve the right to suspend or terminate your access to the website without notice if we determine that you have violated these Terms or are engaging in activities that may harm our business or reputation.
5. Intellectual Property Rights
All content provided on this website, including but not limited to text, graphics, logos, images, and software, is the property of BEYOND PILOTS or its licensors and is protected by intellectual property laws. Unauthorized use of any of our intellectual property is strictly prohibited.
6. Service Terms
6.1 Our consulting services are provided under a separate agreement outlining the scope of work, deliverables, fees, and other terms specific to the project (“Consulting Agreement”). These Terms and Conditions apply to the use of our website and general terms related to our services, but do not replace or override the Consulting Agreement.
6.2 We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice or liability.
7. Fees and Payment
7.1 The fees for our services will be set out in the Consulting Agreement or any other agreement between us.
7.2 Payment terms are as agreed upon in the Consulting Agreement. Invoices must be paid in full within 14 days or by the date specified. Late payments may incur additional charges of at least 10% of the total contract value or interest, or as otherwise specified in the agreement.
7.3 All prices are exclusive of taxes, levies, or duties imposed by taxing authorities unless otherwise stated.
8. Confidentiality
We respect the confidentiality of the information that our clients provide to us in the course of providing services. Both parties agree to keep confidential all information disclosed during the course of the engagement that is marked confidential or that should reasonably be understood to be confidential. This clause does not apply to information that is publicly available or that must be disclosed under applicable law.
9. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to your use of the Services or reliance on any information provided through the website.
Our total liability for any claim under these Terms, including for any implied warranties, is limited to the amount paid by you for the Services.
10. No Warranties
The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. We do not warrant that the Services will meet your specific requirements or that the operation of the Services will be uninterrupted, timely, secure, or error-free.
11. Data Protection
We will handle your personal data in accordance with our Privacy Policy, which is an integral part of these Terms. By using our Services, you consent to the collection, processing, and use of your personal data in accordance with the Privacy Policy and applicable data protection laws.
12. Third-Party Links
Our website may contain links to third-party websites or services that are not owned or controlled by us. We do not assume responsibility for the content, privacy policies, or practices of any third-party websites or services.
13. Termination
13.1 General Termination of Continuous Services: An agreement on continuous performance (e.g., ongoing consulting services) may be terminated by either party subject to a notice period of three months, effective at the end of any month, following the expiration of any agreed minimum duration.
13.2 Both parties shall have the right to terminate the agreement without notice for good cause by sending a registered letter. Good cause includes, but is not limited to, the following circumstances: a. The Customer is responsible for a serious breach of the agreement or repeatedly violates a significant provision of the agreement. Termination for breach will only take effect after a written notice of breach and a reasonable period for remedy have passed without resolution. b. Bankruptcy or liquidation proceedings are initiated against a party, an application for such proceedings is rejected due to lack of assets, a moratorium on debt enforcement is applied for or published according to Article 296 of the Swiss Debt Enforcement and Bankruptcy Law (Bundesgesetz über Schuldbetreibung und Konkurs), or a loss certificate is issued.
13.3 Termination Due to Economic or Force Majeure Events. If unforeseen events significantly change the economic significance or content of the products and services provided under the agreement, or if such events heavily impact performance, the agreement shall be amended accordingly. If amendment is not economically feasible, BEYOND PILOTS shall have the right to terminate the agreement, in whole or in part, without liability. In such cases, BEYOND PILOTS may request payment for services rendered up to the termination date. Claims for damages from the Customer due to such termination shall be excluded.
14. Acceptance of Deliverables and Transfer of Responsibility
14.1 Upon completion of the services and delivery of the agreed-upon deliverables, the client will be given an opportunity to review and approve the work. Once the client signs off on the deliverables (“Final Signoff”), the consulting firm’s responsibility for the project or deliverables is considered fully discharged.
14.2 After Final Signoff, all risks, responsibilities, and liabilities related to the use, implementation, or application of the deliverables are transferred to the client. The client acknowledges that the consulting firm will no longer be responsible for any future issues, claims, damages, or losses arising from the use of the deliverables after Final Signoff.
14.3 The client agrees that they will not hold the consulting firm liable for any indirect, consequential, or incidental damages, including but not limited to business interruption, loss of data, loss of profits, or any other financial losses resulting from the client’s use of the deliverables.
14.4 Any further adjustments or revisions requested by the client after Final Signoff will be considered a new scope of work and subject to additional fees as outlined in a separate agreement.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Zug, Switzerland.
16. Changes to the Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website. It is your responsibility to review these Terms periodically for any changes.
Dated: January 2024