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These Terms and Conditions (“Agreement”) govern the use of the services provided by SWAGE Sàrl (“the Company”), a Swiss-based business specializing in creating team-building and customer events for B2B clients in Switzerland, which include services that involve collaboration with various partners such as vineyards, transporters, chefs, tasting, and others.
By engaging our services, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully.
1. Service Agreement
a. The Company will create and organize team-building and customer events for B2B clients, as described in the customized package agreed upon with the client. These packages may include services provided by third-party partners.
b. The client agrees to cooperate in the planning and execution of the event, providing necessary information and approvals.
2. Pricing and Payment
a. Pricing for our services and partner services will be provided to the client in a detailed proposal. All prices are in Swiss Francs (CHF) and include any applicable taxes.
b. The Company reserves the right to revise pricing in the event of unforeseen circumstances that affect the cost of services, and will notify the client of such changes.
c. Payments should be made upfront as per the payment schedule agreed upon between the client and the Company and at least 2 business weeks prior to the start of the event.
d. Upfront Payment Amount: The Client agrees to make an upfront payment, upon the execution of this contract, representing 100% of the total contract value.
e. Payment Method: The Client shall make the upfront payment via payment card with the link found in the invoice received by The Client. The payment is processed by our financial partner Stripe and is governed by their Terms and Conditions that can be found at https://stripe.com/fr-ch/legal/ssa.
f. Conditions Precedent: The upfront payment is due upon the signing of this contract and shall not be contingent upon any milestones, deliveries, or other conditions.
g. Late Payment Penalties: In the event the Client fails to make the upfront payment within 10 business days of contract execution, the Client shall be liable for a late payment penalty of 10% of the upfront payment amount for each day the payment is overdue.
3. Cancellations and Refunds
In the event of a cancellation by the Client of SWAGE Sàrl, the following cancellation and refund policy shall apply:
a. Cancellations by the client must be made in writing and may be subject to cancellation fees, as specified below in this document.
b. Cancellation Timing
– If the cancellation is made a minimum of two (2) business weeks before the scheduled start date of the event, the Client is subject to a cancellation fee of 50% of the total contract value.
– If the cancellation is made one (1) business week before the scheduled start date of the event, the Client is subject to a cancellation fee of 80% of the total contract value.
– No refund will be issued if the cancellation occurs less than one (1) business week before the scheduled start date of the event, and the Client is then subject to a cancellation fee of 100% of the total contract value.
c. Refund Process
To request a refund, the Client must provide written notice of cancellation to info@swage.ch, specifying the reason for cancellation. The date of receipt of the written notice shall determine the applicable refund percentage.
d. Refund Limitations
– Refunds, when applicable, will be processed within 7 business days from the date of receipt of the cancellation notice.
– The refund will be issued using the same method of payment used for the original transaction unless otherwise agreed upon by both parties.
– Any additional costs, such as transaction fees or expenses incurred by SWAGE Sàrl related to the event, may be deducted from the refund amount.
e. No-Show or Non-Attendance
In the event of a no-show or non-attendance by the Client without prior written notice, no refund shall be provided, and the entire contract value shall be payable to SWAGE Sàrl.
f. Exceptions
In exceptional cases, SWAGE Sàrl may, at its sole discretion, consider a refund or credit for a future event under unique circumstances not covered by this policy. Any such consideration will be made on a case-by-case basis.
In the event of a cancellation by SWAGE Sàrl, the following cancellation policy shall apply:
a. SWAGE Sàrl reserves the right to cancel or reschedule an event due to unforeseen circumstances, including but not limited to natural disasters, government regulations, labor disputes, venue unavailability, or other situations beyond our control.
b. In the event of a cancellation, SWAGE Sàrl will make reasonable efforts to notify participants as soon as possible. Notice may be provided through email, phone, or other contact information provided by participants during the registration process.
c. In the event of cancellation, SWAGE Sàrl may, at its discretion, attempt to make alternative arrangements for the event or provide credits for future events. If no agreement is reached between the Clients and SWAGE Sàrl, the participants may be entitled to a refund of any fees paid.
e. In the event of cancellation, SWAGE Sàrl shall have no further liability, and participants shall have no claim for damages, costs, or expenses arising from the cancellation, other than the refund of fees paid.
f.Cancellation due to force majeure circumstances will not result in any liability on the part of SWAGE Sàrl.
4. Liability
a. The Company SWAGE Sàrl and its partner organizations shall not be held liable for any injuries, damages, losses, or delays that may occur during the event, including those caused by the client or attendees.
b. Force Majeure : SWAGE Sàrl shall not be held responsible for any failure or delay in organizing or delivering events due to unforeseeable circumstances beyond its control, including but not limited to natural disasters, government regulations, labor disputes, or civil disturbances.
c. SWAGE Sàrl strongly recommends customers to have their own insurance coverage to protect against unforeseen events and accidents during the events. SWAGE Sàrl does not provide insurance coverage for participants.
5. Client Responsibilities
a. The Clients must provide accurate and timely information to SWAGE Sàrl regarding their event needs, preferences, logistical aspects, scheduling, transportation, and any specific requirements to ensure the successful planning and execution of the event. This information will be gathered in a document called “Briefing Document” and the information must be provided by Clients at least 1 business week prior to the event.
b. The client is the only responsible for the behavior of their attendees and compliance with all local laws and regulations.
c. Clients are typically responsible for making timely payments for the services or events they have contracted with the event organizer and at least 2 business weeks prior to the start of the event.
d. Clients may need to provide participant information, such as dietary restrictions, special requests, or emergency contact details, to ensure the event runs smoothly.
e. Clients must adhere to any terms and conditions set by SWAGE Sàrl, as well as any rules and regulations related to the event venue or activities.
f. Clients are responsible for their own insurance coverage, such as liability or participant accident insurance, to protect their interests during the event.
g. Clients acknowledge the inherent risks associated with certain activities and agree not to hold SWAGE Sàrl or its partners liable for injuries or damages.
h. Providing feedback to the event organizer after the event can be a client responsibility, helping to improve future events and services.
i. Clients should communicate promptly if they need to cancel or make changes to the event, as this may have financial and logistical implications.
j. Clients should follow safety protocols and guidelines during events, and in the event of an emergency, cooperate with the event organizer and authorities.
6. Privacy and Data Protection
a. SWAGE Sàrl may collect personal data as necessary for event planning and execution, and will handle such data in accordance with applicable data protection laws.
b. By participating in our events, you consent to the collection, use, and processing of your personal information, including but not limited to your name, contact information, and any images or recordings captured during the event. SWAGE Sàrl may only use your personal data for the purposes outlined in this clause.
c. SWAGE Sàrl may use your personal data for event organization, communication, and customer support. Your data may also be used for promotional and marketing purposes, but only with your explicit consent.
d. Images, audio, and video recordings may be captured during our events. By participating, you grant SWAGE Sàrl the irrevocable and unrestricted right to use, publish, and distribute these images or recordings for promotional, marketing, and other business purposes. If you wish to opt out or restrict the use of your image or recording, please inform us in writing in advance.
e. We take reasonable steps to protect your personal data and maintain its confidentiality. However, we cannot guarantee the security of information transmitted over the internet.
f. SWAGE Sàrl may share your personal data with our trusted partners, such as event venues and service providers, to ensure the successful execution of events. We will ensure that these partners also adhere to data protection and privacy standards.
g. SWAGE Sàrl will retain your personal data for as long as necessary to fulfill the purposes outlined in this clause or as required by applicable laws. You may request the deletion of your data by contacting us at info@swage.ch.
h. You have the right to request deletion of your personal data. To exercise these rights or make inquiries regarding your personal data, please contact us at info@swage.ch.
i. Our website may use cookies and other tracking technologies. By using our website, you consent to the use of these technologies in line with our Privacy Policy.
j. SWAGE Sàrl is committed to complying with all applicable data protection and privacy laws. If you have concerns or complaints, please contact us to address them at info@swage.ch.
7. Intellectual Property
a. Any materials, content, or intellectual property created for the event, such as – but not limited to – custom presentations or materials, will remain the property of the SWAGE Sàrl.
8. Termination
a. Either party may terminate this agreement with written notice, subject to any cancellation terms outlined in the terms and conditions.
9. Governing Law
a. This Agreement shall be governed by and construed in accordance with the laws of Switzerland. Any disputes shall be resolved through negotiation or Swiss legal processes.
10. Amendments
a. The Company reserves the right to amend these terms and conditions, and any amendments will be communicated to the client in writing.
By engaging our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you have any questions or concerns, please contact us before proceeding.
SWAGE Sàrl
Rue de la Gabelle, 30 –1227 Carouge –Suisse
info@swage.ch
Date: 01.11.2023