General Terms and Conditions

1.1 These General Terms and Conditions (GTC) apply to all services of XLG SWISS GmbH, Seestrasse 46, 8598 Bottighofen (hereinafter "XLG SWISS"), in particular consulting, coaching, workshops, training and audits in the fields of lean management, process, project and change management.

1.2 The services are aimed at companies, organisations and public institutions (hereinafter the "Client").

1.3 Deviating or supplementary terms of the Client apply only if XLG SWISS expressly agrees to them in writing. Individual agreements in the proposal or the contract take precedence over these GTC.

1.4 For digital products purchased via external digital platforms, the terms of the respective platform operator apply in addition.

2.1 The initial consultation of 45 minutes is non-binding and free of charge.

2.2 Proposals from XLG SWISS are valid for 30 days from the date of issue, unless otherwise stated in the proposal.

2.3 The contract is concluded when the Client accepts the proposal in writing. Acceptance by email is sufficient.

2.4 Scope, objectives, timeframe and fees are set out in the proposal or the contract.

3.1 XLG SWISS provides its services with due care and to the best of its knowledge, based on its professional experience. The provisions on simple agency contracts (Art. 394 et seq. of the Swiss Code of Obligations, CO) apply.

3.2 What is owed is the careful provision of the agreed services, not a specific economic outcome. Results and key figures from previous projects do not constitute a guarantee for future engagements.

3.3 Decisions on the implementation of recommendations are made by the Client at its own responsibility.

3.4 The services, including workshops and training, are provided in the country in which the Client has its registered office, as a rule on site at the Client's premises or online. Clients domiciled abroad therefore do not receive the services in Switzerland. Any deviation requires an express agreement in the proposal.

4.1 The success of an engagement depends substantially on the Client's cooperation. The Client shall provide all necessary information and documents in good time, grant access to the relevant areas, contact persons and employees, and designate a responsible contact person.

4.2 For workshops and training at the Client's premises, the Client shall provide suitable rooms and the usual technical equipment, unless otherwise agreed.

4.3 Delays or additional work resulting from missing or late cooperation are borne by the Client. XLG SWISS will inform the Client in advance and may invoice the additional work on a time and materials basis.

5.1 XLG SWISS may involve qualified partners for individual services. This is done only with the Client's prior consent.

5.2 XLG SWISS remains responsible to the Client for the performance of the services in accordance with the contract and obliges any partners involved to maintain confidentiality.

6.1 Fees are as set out in the proposal. They are agreed either on a time basis (daily or hourly rate) or as a fixed price for a defined service package.

6.2 A consulting day comprises 8 hours. Shorter assignments are invoiced by the hour.

6.3 Travel and accommodation costs and other expenses are invoiced at actual cost, unless otherwise agreed in the proposal.

6.4 All prices are in Swiss francs (CHF) and exclude value added tax. Clients domiciled in Switzerland are charged Swiss VAT at the statutory rate in addition. For Clients domiciled abroad, tax liability is governed by the applicable regulations. If the service is subject to the reverse charge procedure, the Client owes the tax and pays it itself; for this purpose the Client shall provide XLG SWISS with its VAT identification number.

7.1 Invoicing takes place monthly for the services provided and expenses incurred in the previous month. For fixed prices, invoicing follows the instalments agreed in the proposal.

7.2 Invoices are payable within 30 days of the invoice date without deduction.

7.3 Upon expiry of the payment period, the Client is in default without a reminder. From that point, default interest of 5% per year is owed.

7.4 In the event of late payment, XLG SWISS may suspend further services until payment has been made in full.

8.1 Agreed dates for consulting days, workshops, training and coaching are binding.

8.2 The Client may reschedule an appointment free of charge up to 7 days in advance, provided the replacement date takes place within 3 months.

8.3 If the Client cancels an appointment without a replacement date, the following compensation is owed, based on the fee for the appointment concerned:

– up to 14 days before the appointment: no compensation

– 13 to 3 days before the appointment: 25%

– less than 3 days before the appointment: 50%

8.4 Individual coaching sessions may be rescheduled or cancelled free of charge up to 48 hours in advance. In the event of later cancellation, the session is invoiced.

8.5 Expenses already incurred that cannot be cancelled, such as travel or room costs, are invoiced in any case.

8.6 If XLG SWISS is unable to keep an appointment due to illness, accident or other unforeseeable reasons, it will inform the Client without delay and arrange a replacement date. Further claims are excluded to the extent permitted by law.

9.1 Either party may terminate the contract at any time in accordance with Art. 404 CO. Termination must be notified in writing; email is sufficient.

9.2 Services provided and expenses incurred up to termination must be paid for. Section 8 applies to appointments already firmly agreed.

9.3 If termination occurs at an inopportune time, the terminating party shall compensate the resulting damage (Art. 404(2) CO).

10.1 Both parties shall treat all confidential information received in the course of the collaboration as strictly confidential. This includes in particular business and trade secrets, process and performance data, and statements made by employees in conversations, workshops and surveys.

10.2 This does not apply to information that is publicly known, that was demonstrably already known to the other party, or that must be disclosed due to legal or regulatory obligations.

10.3 The duty of confidentiality continues to apply after termination of the contract.

11.1 XLG SWISS processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Details are set out in the privacy policy at www.xlgswiss.com.

11.2 If XLG SWISS processes personal data on behalf of the Client in the course of an engagement, for example in employee surveys, the parties shall conclude a data processing agreement where required.

12.1 All training materials, templates, checklists, question catalogues, assessments and methods contributed by XLG SWISS remain the intellectual property of XLG SWISS.

12.2 The Client receives a non-exclusive and non-transferable right to use them for internal purposes. Disclosure to third parties, publication or use for the Client's own training offerings require the prior written consent of XLG SWISS.

12.3 Results developed individually for the Client, such as analyses, reports and action plans, may be used internally by the Client without restriction once payment has been made in full.

13.1 XLG SWISS names the Client as a reference only with the Client's prior written consent.

14.1 XLG SWISS is liable for damage caused intentionally or through gross negligence. Liability for slight negligence is excluded to the extent permitted by law.

14.2 Liability for indirect and consequential damage, in particular loss of profit or production downtime, is excluded to the extent permitted by law.

14.3 XLG SWISS is not liable for damage arising from incomplete or incorrect information provided by the Client or from the Client's implementation decisions.

14.4 Mandatory statutory liability, in particular for personal injury, remains reserved.

15.1 If a party is unable to fulfil its obligations due to force majeure, for example natural events, pandemics, official orders or strikes, the obligations concerned are suspended for the duration of the event. The parties shall agree replacement dates where possible.

16.1 Amendments and additions to the contract must be made in writing; email is sufficient.

16.2 If any provision of these GTC is invalid, the remaining provisions remain valid. The invalid provision shall be replaced by a provision that comes closest to its economic purpose.

16.3 XLG SWISS may amend these GTC. The version valid at the time the contract is concluded applies.

16.4 Swiss law applies exclusively, to the exclusion of conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

16.5 The place of jurisdiction is the registered office of XLG SWISS GmbH in Bottighofen, Switzerland. XLG SWISS is also entitled to bring proceedings against the Client at the Client's registered office.

This is a translation for convenience. In the event of any discrepancy, the German version prevails.

Last updated: September 2026