Terms & Conditions

OMNISBE LTD

(Hereafter: "OMNISBE LTD")

1. Scope of application / preamble

1.1 The following General Terms and Conditions (GTC) regulate the cooperation between

OMNISBE LTD and its customers (in the following called customers). OMNISBE LTD reserves the right to change the GTC. The version of the GTC valid at the time of the placing of the order is decisive in each case. The changes come into force immediately with the publication on the website of OMNISBE LTD.

1.2 All deliveries, services and offers of OMNISBE LTD are exclusively based on these General Terms and Conditions. These are part of all contracts, which OMNISBE LTD concludes with its customers about the offered deliveries or services. They are also valid for all future deliveries, services or offers to the Customer, even if they are not agreed again separately.

1.3 Terms and conditions of the customer or third parties are not applicable, even if OMNISBE LTD does not contradict their validity separately in the individual case. Even if OMNISBE LTD refers to a letter or an e-mail, which contains business conditions of the customer or a third party or refers to such, this does not mean an agreement with the validity of those business conditions.

2. Services of OMNISBE LTD / cooperation of the customer

2.1 OMNISBE LTD provides individualized and standardized services for customers in the form of coaching, consultations, courses, retreats or workshops. Unless explicitly agreed otherwise in writing, OMNISBE LTD does not owe the provision of a concrete success on the part of the customer.

2.2 The customer has to provide the cooperation actions incumbent on him always completely and in due time on first request. If the Customer omits an act of cooperation and thereby prevents the performance of OMNISBE LTD, the claim for remuneration of OMNISBE LTD remains unaffected.

2.3 Regarding the services to be provided by OMNISBE LTD to the customer, OMNISBE LTD has a right to determine the performance according to § 315 OR.

2.4 OMNISBE LTD is entitled to have the services owed to the customer also performed by vicarious agents / subcontractors and also other third parties.

2.5 If necessary, additional expenses at OMNISBE LTD caused by time delays of the Customer have to be compensated separately by the Customer.

2.6 OMNISBE LTD is entitled to have services owed to the customer also performed by vicarious agents / subcontractors and third parties.

2.7 The agreed remuneration of OMNISBE LTD does not include a budget for possible additional products. The customer has to provide this budget separately.

3. Conclusion of contracts

3.1 The conclusion of the contract between OMNISBE LTD and the customer can take place by telephone, in writing or in text form. Conclusions of contracts by telephone will be recorded by OMNISBE LTD after given consent by the customer.

3.2 In case of a conclusion of the contract by telephone the customer receives an order confirmation from OMNISBE LTD on request, which however is not constitutive for the conclusion of the contract.

3.3 In case of online contract conclusion, the contract is concluded by clicking on the button "BUY NOW", unless the customer rejects the conclusion of the contract within 7 days. A refusal can be made in writing or via e-mail. This requires no justification and is irrevocable.

4 Prices and terms of payment

4.1 The prices indicated and communicated by OMNISBE LTD are binding. The communicated prices are inclusive of the legally valid value added tax, if this is levied.

Possible postage, shipping costs and additional shipping charges shall be borne by the customer in full.

4.2 The payment of the services of OMNISBE LTD shall be made immediately after the invoice has been issued. The payment of the services of OMNISBE LTD is in principle due at the conclusion of the contract, unless the offer of OMNISBE LTD states otherwise. The (SEPA-) direct debit authorization granted to OMNISBE LTD is also valid for the further business connection until revocation.

4.3 Until the complete payment of all invoices concerning the order, OMNISBE LTD reserves the property of all handed over documents and objects.

4.4 If direct debit is agreed upon as payment method with OMNISBE LTD, the customer has to give OMNISBE LTD a direct debit mandate. For this purpose the sample in the appendix to these General Terms and Conditions can be used.

4.5 In case that agreed direct debits cannot be collected from the account of the customer and a back posting takes place, the customer is obliged to transfer the owed amount to OMNISBE LTD within three working days after the back posting and to take over the costs caused by the back posting.

5. Codes

The codes received are personal and non-transferable. The customer is obliged to keep the code secret and to protect it against misuse by unauthorized persons. The customer

bears all risks arising from the disclosure of the code. In case of violations OMNISBE LTD has the right to deactivate the code at any time without compensation.

6. Communication

OMNISBE LTD is entitled to contact the customer with all contact possibilities that have been indicated in the member area, to contact the customer. The customer is responsible that the communication that takes place via e-mail does not end up in SPAM folders.

7. Liability

7.1 The information on the website is purely informative. No claims can be derived from it.

be derived. The conclusion of contracts is based on the free will of the Customer. OMNISBE LTD does not assume any responsibility and liability for the Customer's decisions to conclude, refuse or modify contracts. The consultations and the information provided by OMNSBE LTD are based on the information and data received from the customer. Any liability for incorrect, incomplete or misunderstood advice is excluded.

7.2 OMNISBE LTD assumes liability for the proper execution of the coachings/courses/events/retreats/workshops within the scope of the legal warranty regulations. A liability beyond this, especially under the title of compensation for damages, is explicitly excluded. OMNISBE LTD therefore does not assume any liability whatsoever, especially no liability in case of concealment of possible physical or mental ailments, which make the participation seem inadvisable.

7.3 OMNISBE LTD reserves the right to refuse customers, if OMNISBE LTD is of the opinion that the health or mental conditions for the participation are not given. This refusal can also be made at short notice or even during ongoing coaching. In case of a refusal of the customer the course fee will be refunded to the customer (proportionally).

7.4 For all coachings/courses/educations/retreats/workshops organized by OMNISBE LTD OMNISBE LTD excludes any liability for resulting damages. Customers are therefore responsible for sufficient insurance coverage themselves.

8. Termination, term

8.1 The term of the contract shall be determined by the parties individually in the main contract.

8.2 Any free termination rights of the Customer prior to the expiry of the contract term shall be excluded.

8.3 Terminations must be made in writing to be effective.

8.4 The right to extraordinary termination shall always remain unaffected.

9 Default / extraordinary termination / right of revocation / cancellation

9.1 Periods for the service provision by OMNISBE LTD do not start before the invoice amount has been received by OMNISBE LTD and according to the agreement the data necessary for the services are completely available at OMNISBE LTD respectively the necessary cooperation actions have been completely provided.

9.2 If the customer is in delay with due payments, OMNISBE LTD reserves the right not to execute further services until the outstanding amount has been settled.

9.3 If the Customer is in default with at least two due payments OMNISBE LTD in case of installment payment, OMNISBE LTD is entitled to terminate the contract extraordinarily and to stop the services OMNISBE LTD will claim the total remuneration due until the next regular termination date as compensation.

9.4 The revocation of the order is possible at any time. OMNISBE LTD reserves the right

claims for damages in case of a revocation untimely.

9.5 If the customer cancels (terminates) an order before the start of the order, then OMNISBE LTD is entitled to a compensation of the already made efforts. OMNISBE LTD reserves the right to assert possible claims for damages.

10. Fulfillment

10.1 OMNISBE LTD will execute the agreed services according to the offer with the necessary diligence. OMNISBE LTD is entitled to use the help of third parties for this without restrictions.

10.2 The Customer is aware of the fact that OMNISBE LTD owes the provision of services and not the production of a work, unless otherwise explicitly agreed in writing. On request of the Customer OMNISBE LTD will provide information within a reasonable period of time about the services provided within the framework of the agreement.

10.3 If OMNISBE LTD is prevented from providing the agreed services and the reasons for the impediment originate from the sphere of the customer, the claim for remuneration of OMNISBE LTD remains unaffected.

11. Behaviour and consideration

The customer has to ensure the usual behavior of a bona fide businessman towards OMNISBE LTD. We reserve the right to prosecute any illegal and/or improper or factless statement about our company and our services, be it by customers, competitors or other third parties, especially untrue factual allegations and defamatory criticism, according to civil law and furthermore to bring them to criminal charges without prior notice.

12. Rights of use

12.1 The Customer shall receive a simple right of use with regard to the work and service results created and made available by OMNISBE LTD for the duration of the contract period. Performance and work results in the sense of the underlying contract are all work or services or parts thereof, which have been created by OMNISBE LTD for the Customer (e.g. all information, documents, evaluations, videos, photos, know-how acquired in the context of the order fulfilment, materials, requirement specifications, (electronic) files, including associated documentation, manuals. As long as work results have not been completed, the corresponding partial results shall be deemed to be work results within the meaning of this contract.

12.2 Paragraph 1 shall apply exclusively under the proviso that the Customer has paid the remuneration due to OMNISBE LTD according to the Main Contract in full.

12.3 If payment in instalments is agreed upon, the right of use named according to paragraph 1 is only transferred to OMNISBE LTD with the complete payment of the last instalment, unless there is an individual agreement to the contrary.

12.4 The transfer of the results of work and services to third parties (also affiliated companies) is excluded.

13. Industrial property rights of third parties

The customer guarantees that OMNISBE LTD handed over working materials (e.g. photos) are free of rights of third parties or that the necessary permissions for the purposes of the main contract are available. In this respect the customer exempts OMNISBE LTD from any claim of third parties.

14. Final provisions

These GTC may be used exclusively by OMNISBE LTD and published on its own website without any modification. www.omnisbeltd.com

Deviations from these GTC are only effective if OMNISBE LTD and the customer have made a corresponding individual contractual agreement. Such agreements have in any case priority over these GTC. For the content of such agreements the confirmation of OMNISBE LTD is decisive.

The law of Switzerland is exclusively applicable. Place of performance is the registered office of OMNISBE LTD. Exclusive commercial place of jurisdiction is the seat of OMNISBE LTD.

Status: 27.09.2023