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The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Differing general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
Peakora (RLGH AG) offers enablement programs to help companies grow their business. The contractual basis of the collaboration is a licence agreement to the enablement offering of Peakora. The enablement offering of Peakora is a combination of self-study by the client with the provided online material on the knowledge hub, templates and guidelines, and access to group- and individual coaching.
The detailed offering is defined in the final order form and can vary by the selected plan. The start of the licence agreement is defined in the order form.
The customer is obliged to cooperate within the scope of the contractual relationship to contribute to the success of the collaboration. If the customer does not fulfil this obligation, is in delay of providing material, or has any other circumstances that prevents the customer from making full use of the provided value, it is not Peakora’s fault and the terms of the licence agreement still apply.
Invoices are billed in advance if not further defined and agreed on by both parties in the order form. Our invoices are payable within 20 days.
Note that our presented fees do not include VAT. On the final order form, VAT will be shown.
The contract is concluded as soon as the customer agrees to the order form created by the provider by signature and the provider confirms his consent in writing or by email.
By concluding the contract, the customer agrees to the provider's general terms and conditions. The contract is stored in compliance with data protection.
The provider carries out the agreed offering with the necessary care.
It is agreed that, unless otherwise explicitly agreed in writing, the provider owes the provision of the licence agreement and not the production of a work.
If the provider is prevented from providing the agreed offering and the reasons for the hindrance come from the customer's sphere, the provider's claim to compensation remains unaffected.
The main reasons for hindrances include, but are not limited to, a lack of communication, slow response times and a lack of delivery of content and information.
The provider may involve third parties (such as media, suppliers, freelancers, marketers) who work as subcontractors in connection with the main contract.
The length of the initial licence agreement is defined within the order form. Early/free termination rights within the contract term are excluded.
After the term specified in the main contract has expired, the contract is extended for the same term under the same conditions. If one of the parties does not wish to extend the term, he must inform the other party in writing 10 work days before the end of the term.
Any services, created concepts, products and content delivered remain the property of the provider until full payment has been made.
Any of the provided templates, frameworks and information is to be used for the intended business purpose, but not beyond (we retain all copyrights and other intellectual property rights related to our work). It’s not allowed to share any material provided by Peakora with any other third party which is not a client of Peakora that might use our work out of self-interest.
The provider has exclusive copyright exploitation rights to images, videos, texts, webinars, databases, etc. that are published by the provider (especially on Slack, Linkedin or on password-protected platforms). Any use of this content is not permitted without the consent of the provider.
The customer receives a simple right of use with regard to the content stored by the provider in the password-protected member area or content otherwise made available exclusively for the duration of the contract term. This right of use serves to implement the contract concluded individually with the customer.
The customer is provided with access and logins to programs, content and platforms exclusively for the duration of the booked contract term and usually personally. Passing on the access, login data and content provided to third parties not authorised by the provider is strictly prohibited.
In the event of violations of the aforementioned obligation, an appropriate contractual penalty applies, the amount of which is to be determined by the provider at its reasonable discretion depending on the damage and which can amount to up to CHF 100,000 in individual cases. Access by the customer's company staff/employees is generally permissible, but must be expressly approved and confirmed by the provider to the customer.
By using member platforms, the customer agrees to the evaluation of individual user behaviour and the collection of the associated data (including IP and MAC address), which may be personal, on the respective platform by the provider and the use of appropriate software for the duration the contract term
Violations of the provider's operating and business secrets as well as copyrights will always be prosecuted under civil law and reported criminally to the responsible investigative authority.
The customer does not receive any right of use with regard to advertising texts/ads published by the provider on its websites or within forums, groups, Slack channels or similar.
It’s not allowed to directly employ or work with any of our employees or freelancers until 12 months after our collaboration without the consent of Peakora. If you wish to do so regardless, this comes with a fee equal to one-third of the annual fees or salary that you pay to the respective person.
Both parties undertake to keep secret all business transactions and information about the other party that they become aware of during the collaboration. This obligation of confidentiality applies beyond the duration of this contract. However, the work results that the provider and/or the customer may use are not covered by this confidentiality obligation. Furthermore, information that is publicly accessible, that was already in the possession of the other party before the conclusion of the contract or contract negotiations, as well as information that one party lawfully received from third parties does not require confidentiality. A non-use and confidentiality agreement signed before the conclusion of the contract is considered an integral part of these provisions.
We are liable to each other only for direct damages and up to the amount of the fees paid in the last 12 months prior to the damaging event. There are a few exceptions to this – such as willful misconduct or gross negligence – required by law.
We treat your confidential information with the highest confidentiality standards and process your personal information only as needed.
For some of our services, especially the enablement programs, clients will have access to our knowledge platform. Our knowledge platform is a whitelabel solution provided by the company Kajabi LLC and hence the personal data of our clients clearly limited to email address, first name and last name will be shared with Kajabi LLC to create accounts to the platform. For any shared personal information Peakora is not liable and the information is protected by Kajabi’s own privacy policy.
For any other terms in regards to the platform we refer to Kajabi’s Terms & Conditions. In case of a temporary inaccessibility of the knowledge platform, Peakora will make sure to provide the needed information and material to the client through different mediums.
Substantive Swiss law applies and the courts of the city of Zurich have exclusive jurisdiction.
All contracts concluded between the customer and the provider are subject exclusively to the applicable law at the provider's headquarters. The place of jurisdiction is the provider’s headquarters.
If individual provisions of this contract are invalid or unenforceable or become ineffective or unenforceable after the contract has been concluded, the validity of the rest of the contract remains unaffected. The invalid or unenforceable provision should be replaced by the invalid and unenforceable provision whose effects come closest to the economic objective that the contracting parties were pursuing with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.
