General Terms and Conditions
1.Area of validity
These General Terms and Conditions govern the relationship between customers (hereinafter referred to as the Client) and J-Biz GmbH (hereinafter referred to as J-Biz) for the provision of services in the domestic and international market.
These General Terms and Conditions are deemed to have been approved upon acceptance of the services’ order by the Client.
“J-Biz offers tailored services for: a. the fashion industry, b. the food industry, c. for solo enterprises,
d. in sports goods and e. for all industry.
J-Biz offers services in the areas of Product Liability Management (Meter reading, Quality Checketc.), Inventory Solution, Article Writing, Products Solutions, SEM, SEO, SMM, OMM, Trademark Registration and Distribution, Pricing Management in Japan and EMEA, Search Engine Marketing for the Fashion Industry, Products Consulting and Branding.
Both a. Search Engine Marketing Services as well as b. Product Solution Services will be provided for an agreement of a 6-month minimum duration.
The support phase begins after the signature of the contract and the initial payment.
The services agreement the parties will enter into when goods transport is required shall constitute a CIF agreement in accordance to ICC Incoterms 2010, whereby the Client will deliver the goods to the agreed place of transport. The Client must contract for and pay all the costs and freight necessary to bring the goods to the agreed port of destination. In addition, the Client must obtain, at its own expense, cargo insurance. J-Biz reserves the right to request that the Client obtain a higher level of insurance as needed. The agreement and the insurance should cover all transport modes and not sea and inland waterway only.
The parties may at any time submit a written request for contractual specifications to be modified. If the Client requests a change, J-Biz shall advise the Client in writing within 10 working days whether or not the change is feasible and what effect it will have on the services provided and on remuneration and deadlines. Changes, especially concerning the scope of the services, remuneration and deadlines, must be specified in writing in an addendum to the contract before execution During consideration of change requests, J-Biz shall continue its work in accordance with the contract, unless the Client instructs otherwise.
2.2 Prices and Payment Provisions
Payments by domestic (CH) Clients shall be made by methods agreed between the parties.
Payments by a Client who is an international Company will be accepted via Bank Transfer.
All Payments shall be made after the conclusion of the Services Agreement and in advance, on the first day of each month.
Monthly fees paid in advance are non-refundable.
The basis price for a service agreement starts from 499CHF per month.
If the transactions for the provision of services are subject to any applicable VAT, sales tax, GST, consumption tax or any other similar tax, these may be charged to the Client, in addition to the J-Biz remuneration agreed.
Unless stated otherwise in the following, J-Biz’s liability shall comply with the Swiss Code of Obligations. J-Biz is liable only for amounts up to that of the substantiated damage.
3.2 Liability exclusion
J-Biz shall not bear any liability in the event of force majeure or natural disaster or for consequential loss, delay, spoiled goods, damaged packaging and loss of profit. No liability shall furthermore be incurred if the damage is due to the fault or negligence of the Client. J-Biz shall not be liable for the damages caused by third parties in the performance of their functions.
4. Other provisions
4.1 Data protection
The parties undertake to comply with the provisions of Swiss data protection legislation. Personal data may be processed only for the purpose and to the extent necessary for performance and execution of the contract. To that extent and for that purpose, personal data may also be transmitted to a company in Switzerland or abroad associated with one of the contracting parties, provided that the prerequisites set out in the provisions of Swiss data protection legislation are met.
4.2 Involvement of third parties
J-Biz may at any time engage third parties to provide its services.
4.3 Liability exclusion for Links to Other Web Sites
J-Biz has no control over, and assumes no responsibility for any third party web sites linked to its services.
The parties shall treat all facts and information confidentially that are neither obvious nor generally accessible. The confidentiality obligation shall not be considered breached if confidential information is transmitted within the company or to engaged third parties. J-Biz may advertise the fact that cooperation with the Client exists or existed, and may also list the Client as a reference.
4.5 Amendments to the General Terms and Conditions
J-Biz reserves the right to amend the General Terms and Conditions at any time. The relevant latest versions shall be published on the J-Biz website before coming into force.
4.6 Contract amendments and partial invalidity
Changes and amendments to the contract as well as cancellation of the contract shall be in writing. If individual provisions of the contract turn out to be invalid or unlawful, the validity of the contract is not affected. In such cases, the provision in question shall be replaced by an effective provision that is as equivalent as possible in economic terms.
4.7 Intellectual property rights
All intellectual property rights (rights to intangible property and related rights) pertaining to agreed work products generated within the framework of performance of the contract shall belong to J-Biz, unless otherwise agreed in the contract.
4.8 Court of jurisdiction
The place of jurisdiction is Switzerland/Zug. In the case of customers domiciled abroad, Switzerland/Zug will be the place of debt collection and sole place of jurisdiction for all proceedings.
4.9 Governing law
The contractual relationship shall be exclusively subject to Swiss law.
5. Legal form of publication
The sole legally binding versions of the GTC which also form an integral part of the contract are those which are published electronically (the English version in the event of conflict) and made available at . In individual cases, J-Biz may issue a hard copy of the GTC at a Client’s request. The Client acknowledges that a hard copy of the GTC is merely a copy of the currently valid, sole legally binding, electronically published versions of the GTC, and that the information contained therein is only legally binding insofar as it corresponds with the electronic version.
J-Biz (Date of last Revision: 01/September/2020)