Update Marketing (J&C Solution GmbH), Romanshornerstrasse 105i, 9322 Egnach, represented by the managing directors Christian Stohmeier and Florian Petry, Commercial Register: CH-440.4.040.166-8 at the Thurgau Commercial Register Office

(1) Our offers and services are based exclusively on our individual offers and these General Terms and Conditions. These General Terms and Conditions are part of all contracts that we conclude with our customers (hereinafter referred to as “Customer”) for our deliveries or services. They shall also apply to future services or offers to the Customer, even if they are not agreed separately each time.

(2) Terms and conditions of the Customer or third parties shall not be recognized, even if we do not expressly object to them in individual cases. Even if we refer to correspondence containing the terms and conditions of the customer or a third party, this does not mean that we agree to their validity.

(3) Our services and offers are aimed exclusively at entrepreneurs within the meaning of the Swiss Code of Obligations (OR).

(1) We mainly offer consulting and agency services for health and beauty service providers (including EMS and personal training). This includes in particular online marketing, new customer acquisition, social media and employee acquisition/recruiting. Unless expressly agreed otherwise in writing, we do not owe any specific success, in particular not the placement and actual acquisition of new employees or customers.

(2) The customer must provide all necessary cooperation in full and on time at our first request.If the customer fails to do so and thus impedes our performance, our claim to remuneration shall remain unaffected.

(3) The customer is responsible for the legal conformity of advertising campaigns (advertisements, websites, imprint, data protection declarations, etc.).If we provide legal texts, these are merely placeholders.

(4) We would like to point out that platforms such as Facebook and Google can stop or discontinue advertising campaigns at any time and without giving reasons. We accept no responsibility for such actions.

(5) We have a right to determine performance in accordance with Art. 82 of the Swiss Code of Obligations with regard to the manner in which our services are provided.

(6) We may also have the services owed to us performed by vicarious agents, subcontractors and third parties.

(7) Unless otherwise agreed, the agreed remuneration for our consulting services does not include a budget for the customer's advertising campaigns. This must be provided separately by the client and, if applicable, paid directly to the platform operator.

(8) We do not guarantee a specific number or quality of employee or customer inquiries within the scope of the advertising campaigns. A pre-qualification of incoming applications is only owed if this has been expressly agreed individually.

(9) Unless otherwise agreed, domains and funnels that we make available to the customer as part of the work shall only remain available for the duration of the contract term.

(10) The customer must ensure that the technical requirements for our support services are met (e.g. existing messenger chat, WhatsApp).

(1) If one of our services is exceptionally subject to the law on contracts for work and services, the following paragraphs 2-5 shall apply.

(2) We may demand acceptance from the customer after completion of a partial service and, after all adjustments have been made, additionally demand overall acceptance of all services.

(3) We may request the customer to carry out partial or complete acceptance within a period of one week. The service shall be deemed to have been accepted if the customer does not declare in writing within the deadline which defects still exist.

(4) If defects are found during the functional test, we shall be entitled to process and rectify these further.

(5) The service to be accepted shall also be deemed to have been accepted if the customer does not respond to our request in writing within 7 working days.

(1) The contract between us and the customer can be concluded verbally, in writing or in text form.

(2) The contract term begins on the day the first completed campaign draft is sent to the customer. Notice periods are calculated from this date.

(1) Our stated and communicated prices are binding. The prices are net prices plus statutory VAT, if applicable.

(2) Payment for our services shall be made immediately after invoicing. Payment is generally due upon conclusion of the contract, unless our offer provides otherwise.

(3) We shall issue the customer with a proper invoice showing VAT (if applicable) (if necessary through vicarious agents).

(4) Offsetting against counterclaims is only permitted if the other contractual partner has recognized the offsetting or if this has been legally established. The same applies to the exercise of a right of retention by one contracting party.‍

(1) The contract term agreed individually by the parties shall be deemed to be fixed. Early termination (even before the start of the contract term) is excluded.

(2) Unless other notice periods have been agreed individually, the notice period of 14 days to the end of the month described in the offer shall apply.

(3) Cancellation before the start of the contract is excluded.

(4) Cancellations must be made in writing to be effective. The sender of the notice of termination shall bear the burden of proof that it was received in due time.

(5) The right to extraordinary termination for good cause shall always remain unaffected.

(6) Suspension of the contract is excluded unless we expressly agree to a request for suspension by the customer.

(1) Deadlines for the provision of services by us shall not commence before the invoice amount has been received by us and the data required for the services has been provided in full or the necessary cooperation has been provided in full.

(2) If the customer is in arrears with payments due, we reserve the right not to perform further services until the outstanding amount has been settled.

(3) If the customer is in arrears with at least two payments due in the case of payment by installments, we shall be entitled to terminate the contract extraordinarily and discontinue the services. We may claim the entire remuneration due by the next ordinary termination date as compensation.

(1) We shall perform the agreed services in accordance with the offer with the necessary care. We are entitled to use the assistance of third parties without restriction.

(2) If we are prevented from providing the agreed services and the reasons for the hindrance originate from the customer's sphere, our claim to remuneration shall remain unaffected.

The customer must ensure the usual behavior of a fair businessman towards us. We reserve the right to prosecute under civil and/or criminal law any unlawful and/or improper or unfounded statements about our company and our services, whether by customers, competitors or other third parties, and to claim damages.

(1) The customer agrees that we may name him as a reference customer and use his company logo on our website.

(2) The law of Switzerland shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(3) The place of jurisdiction is Egnach, provided that the customer is a merchant within the meaning of the Swiss Code of Obligations.

(4) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.