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General Terms & Conditions

1. Purpose and Scope of Application

These General Terms and Conditions apply to all services provided by Kybalion LLC for its clients, unless otherwise agreed in individual contracts.

By entering into an agreement, the client acknowledges these General Terms and Conditions of Kybalion LLC. The General Terms and Conditions are an integral part of all offers and mandate confirmations from Kybalion LLC. They shall take precedence over any general terms and conditions of the client.

​2. Subject Matter, Conclusion, Scope and Execution of the Mandate

Kybalion LLC provides services in the sector of development and leadership consulting as well as team-building events. The services are fulfilled as training, coaching, individual and group coaching or as seminars or workshops on site or via live stream (so-called re-mote), and are individually developed and adapted to the needs of the client. The services are offered as individual events or in a multi-part process.

Content, scope and execution of the assignment to be provided shall be agreed in a separate contract. The contract shall always be agreed in writing.

Amendments and addenda to the contract must be in writing.

Kybalion LLC is entitled to call in employees, external consultants, companies and institutions to carry out the assignment, who work on behalf of and for the account of Kybalion LLC (right of substitution).

The facilities and further infrastructure required for the fulfillment of the assignment (hotel, training rooms, event agencies and the like) must be provided for by the client. Kybalion LLC is entitled to define requirements for the facilities and the infrastructure and to contact the management of the locations to clarify their suitability. If the facilties and infrastructure is organized by Kybalion LLC, Kybalion LLC is entitled to do so on behalf of and at the expense of the client.

3. Exchange of Information, Confidentiality

The client shall provide Kybalion LLC in due time with any information relevant for the fulfillment of the mandate and, if required, with the necessary facilities and further infrastructure.

The parties undertake to maintain confidentiality regarding all confidential information of which they become aware during or in connection with the performance of the contract. All data concerning facts, methods and knowledge that are not generally known or publicly accessible in the context of the contractual relationship shall be deemed confidential.

The duty of confidentiality also applies to all persons and companies to whom Kybalion LLC has delegated the procurement of business on an authorized basis.

The obligation to maintain confidentiality shall continue beyond the termination of the mandate.

The above obligation does not prevent Kybalion LLC from carrying out the same or similar assignments for other clients while maintaining confidentiality.

4. Data Privacy

Kybalion LLC processes personal data of the client that is made available to them in accordance with the Swiss Data Protection Act. The complete data protection declaration is available on the homepage of Kybalion LLC (https://www.kybalion.com).

Kybalion LLC shall be obliged to carefully store the documents provided to them for the purpose of carrying out the assignment and to protect them against access by third parties. Personal data will be deleted at the request of the client.

5. Right of Use and Disclosure of Technical Statements of Kybalion LLC

The client may only use the documents, products and work results provided by Kybalion LLC for their own purposes. Disclosure to third parties requires the prior written consent of Kybalion LLC.

6. Intellectual Property, Licencing

All property rights such as intellectual property rights and license rights to the documents, products or other work results produced by Kybalion LLC in the course of the fulfillment of the mandate as well as the knowhow developed or used in the process shall be the exclusive property of Kybalion LLC. Excluded from this are generally accessible technical and methodological knowledge.

7. Liability

Kybalion LLC does not owe any consulting or support success. It is not liable for a specific training result or a specific performance success.

Kybalion LLC shall not be liable for damage or accidents suffered by participants during training courses, seminars or coaching sessions. It is the responsibility of the participants or clients to ensure that they have adequate insurance cover.

Kybalion LLC shall only be liable to the client for unlawful intent or gross negligence. The occurrence of unlawful intent or gross negligence must be proven by the client.

The limitation of liability shall also apply to all persons and companies to whom Kybalion LLC has delegated the procurement of business on an authorized basis.

In the event of substitution, the liability of Kybalion LLC shall be limited to the proper selection, instruction and monitoring of the third party.

Email communication shall be conducted via public, not specially protected data transmission networks. Kybalion LLC accepts no liability for damages incurred by the client as a result of transmission errors, technical defects, faults or interference with the network operator's equipment.

In the event of force majeure or other events that make the fulfillment of services considerably more difficult or impossible (e.g. operational disruptions, strikes, flight cancellations, etc.), no damages for delay or compensation for non-performance shall be owed.

 

8. Fee, Reimbursement of Expenses and Terms of Payment

The fee shall be subject to individual agreement on an assignment-specific basis. VAT and other taxes and duties will be charged additionally and stated separately.

The client shall reimburse Kybalion LLC for its expenses. Travel expenses, accommodation and meals shall be reimbursed at actual cost.

Kybalion LLC shall be entitled to have third-party services such as translations or the production of auxiliary materials, brochures and the like carried out in whole or in part by subcontractors at the expense and for the account of the client.

Kybalion LLC shall be entitled to demand reasonable advances on the fee and expenses or partial payments. They may issue invoices on account for work already performed and expenses already incurred.

Currency fluctuations arising from payment abroad shall be borne by the client.

The client’s right to offset is excluded.

Kybalion LLC is expressly released from their duty of confidentiality for the assertion of claims against the client.

Several contracting parties are jointly and severally liable to Kybalion LLC.

9. Termination and Cancellation Conditions

The contract may be terminated without compensation up to 14 days before the agreed date of the training, seminar or coaching, etc. Notification of termination must be made in writing. Expenses are to be reimbursed if they have already been incurred or if a cancellation free of charge is not possible (e.g. cancellation of an already booked flight or hotel).

If the contract is terminated at a later date Kybalion LLC shall be compensated for the services rendered up to this point in time and reimbursed for expenses incurred. Kybalion LLC shall be entitled to charge a lump sum instead of the actual services, which may correspond to up to 100% of the agreed fee (plus expenses) depending on the short notice of the cancellation of the mandate.

If the client terminates a mandate agreed over several dates prematurely, the expenses incurred up to termination (fee and expenses) shall be owed. Kybalion LLC shall also be entitled to demand a surcharge of up to 50% of the agreed fee. Expenses are to be reimbursed if a cancellation free of charge is not possible (e.g. cancellation of an already booked flight or hotel).

Kybalion LLC shall be entitled to terminate the mandate prematurely if the client does not fulfill their obligation to cooperate and provide information to the required extent or is in default of payment. The services rendered up to this point in time must be compensated by the client and the expenses reimbursed.

10. Applicable Law and Place of Jurisdiction

Swiss law shall apply exclusively.

The exclusive place of jurisdiction is the location of the registered offices of Kybalion LLC.

11. Amendments to the General Terms and Conditions

Kybalion LLC reserves the right to amend or supplement the General Terms and Conditions at any time. These amendments or additions shall be notified to the client by circular or in another suitable manner and shall be deemed to have been approved without objection within one month.

 

12. Subject to Validity

If individual provisions above prove to be invalid, this shall not affect the validity of these General Terms and Conditions. In such a case, the provision in question shall be replaced by an effective provision that is as equivalent as possible in economic terms.

In case of discrepancies, the German text of these Terms and Conditions prevails over the English text.

May 2024

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