General
Koch Consulting & Coaching (Albina Koch), hereafter referred to as KCC, provides coaching and consulting services in accordance with these General Terms and Conditions (GTC). By placing an order, the client is deemed to have accepted these conditions.
Further agreements are only binding on KCC if they are confirmed by it in writing.
The contracts concluded by KCC are service contracts, unless otherwise expressly agreed. The subject matter of the contract is therefore the provision of the agreed services, not the achievement of a specific result. In particular, KCC does not owe a specific economic outcome. Your statements and recommendations prepare for the client's business decision. They cannot replace it under any circumstances.
KCC is entitled to use assistants, expert third parties, and other vicarious agents for the performance of a consultancy agreement. Consulting services in legal and tax matters are neither promised nor provided by it on the basis of the applicable regulations. These services must be provided by the client themselves.
KCC provides its consulting services on the basis of the data and information made available to it by the client or their representatives. The client is responsible for the factual accuracy and completeness of this data and information.
2. Quotes, Fees
The offers are non-binding. Subject to change. All fees are in the currency specified in the offer. For coaching and consulting services, the fees stipulated in the coaching or consulting agreement will be charged. Ancillary costs, such as travel and accommodation expenses, will be charged separately to the client within a reasonable scope, unless stated as «inclusive» in the offer.
The fee is due 15 calendar days after invoicing and without deduction, unless otherwise agreed. Retention of the fee and set-off are only permissible if the client's claims are recognised by KCC or have been legally established.
3. Cancellation of an appointment
Agreed appointments are generally binding. This also applies to free initial consultations.
The time and place of performance shall be agreed upon by the business partners amicably. Punctual attendance is the responsibility of the client.
You may cancel or reschedule the appointment free of charge up to 24 hours before the appointment. After that, 75% of the fee will be charged. If you do not attend, the full fee will be payable as a cancellation charge.
4. Force Majeure and Other Obstacles to Performance
KCC is entitled to postpone agreed dates in cases of force majeure. This also includes obstacles to performance that arise due to illness, accident or similar circumstances.
In this case, KCC will notify the client as soon as possible and offer a replacement date.
5. Copyright
All documents handed over to the client are included in the agreed fee, unless otherwise agreed. The documents are intended for the client's personal use. The client does not acquire any copyrights as a result.
The client is not permitted to reproduce the documents, in whole or in part, or to make them accessible to third parties without the written consent of KCC. Publication, even in part, is prohibited.
6. Insurance Cover
Each client bears full responsibility for themselves and their actions and is liable for any damages caused.
Coaching is not psychotherapy and cannot replace it. Participation requires normal psychological and physical resilience. The organiser of corporate programmes, team coaching, seminars, and workshops, which are prepared, agreed upon with the client, and implemented by KCC, is always the client. Therefore, participants have no insurance cover through KCC.
7. Liability
The information and advice, particularly in coaching sessions and all documentation, are carefully considered and reviewed by KCC. KCC's activity is purely service-based. Therefore, success is not guaranteed. Liability is excluded. The dispatch or electronic transmission of any data is at the client's own risk.
8. Confidentiality
KCC undertakes to observe confidentiality towards third parties regarding all business, commercial, and private matters of the client that become known in the course of the activity, even after the termination of the contract.
In addition, KCC undertakes to carefully store and protect documentation provided for consulting activities from access by third parties.
9. Client's duty to cooperate
The services are provided on the basis of preliminary discussions held between the business partners. It is based on cooperation and mutual trust, as well as openness and transparency. In this context, KCC wishes to draw attention to the fact that coaching, in particular, is a free, active, and self-responsible process, and certain successes cannot be guaranteed. KCC acts as a process facilitator and support for the client in decisions and changes – the actual change work is carried out by the client. The client should therefore be willing and open to engage with themselves and their situation.
10. Distinguishing Coaching from Psychotherapy
Coaching is not therapy and does not replace it. Coaching is based on a coach-coachee relationship, characterised by a partnership between the two, clearly distinguishing the role of the coach from that of therapists and doctors.
Psychotherapy is problem- and symptom-oriented, it deals with the past, and endeavours to heal old wounds. Coaching is solution-oriented and focused on the present, future, and activity. Psychotherapy is the targeted treatment of a mental illness. Coaching is for the „healthy“ person who is capable of action and self-reflection.
The outcome of coaching is not the alleviation of psychological distress, but rather the individual development of the coachee, which is accompanied by an improvement in their overall quality of life.
11. Final Provision
Should individual provisions of the contract with the client, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success is as close as possible to that of the invalid one.
12. Place of performance and jurisdiction
The place of performance shall be the customer's premises unless otherwise agreed. The place of jurisdiction shall be Zurich, Switzerland. Swiss law shall apply.
Dübendorf, 01/01/2023
