LEGAL PAGE
Terms and Conditions
Scope
These General Terms and Conditions apply to all forms of collaboration with DRUESELEN & CO. KLG | The Woman With The Hat. These Terms primarily apply to collaboration with Swiss clients and projects under Swiss law. For international projects or clients based outside Switzerland, supplementary agreements are made to comply with the respective local legal requirements. For EU clients, the provisions of the EU General Data Protection Regulation (GDPR) apply in addition, with corresponding data processing agreements concluded separately. These Terms are communicated to business partners through the proposal or by other means. In the event of conflict between individual contracts and these Terms, the clauses of the individual contracts shall prevail. In the event of discrepancies arising from translations of these Terms, the German version shall be authoritative.
Validity and Acceptance
The validity period of a proposal is specified within the proposal itself. Order confirmation must be made in writing; confirmation by email is sufficient.
Remuneration and Rates
Remuneration for the engagement is set out in the proposal. All prices are exclusive of value-added tax (VAT). DRUESELEN & CO. KLG | The Woman With The Hat reserves the right to adjust rates annually as of 1 January, with the rates agreed in the proposal guaranteed for one year.
Time and Materials Billing
For time and materials billing, the estimated price serves as a cost ceiling with a tolerance of +/- 20%, unless otherwise agreed.
Pool Arrangements
For pool arrangements, the pool characteristics and pool conditions are set out in the proposal.
Fixed-Price Arrangements
For fixed-price arrangements, a fixed total price is agreed for defined services. The fixed price covers all agreed services as per the proposal. Additional services beyond the agreed scope are billed separately at the applicable hourly rates. For fixed-price projects, invoicing is generally in advance at the start of the project, unless otherwise agreed.
Expenses
Travel time on behalf of the client is considered working time and is billed at the applicable rate for the outward and return journey. Travel expenses and other outlays are charged to the client in full.
DRUESELEN & CO. KLG | The Woman With The Hat generally offers the option to conduct meetings virtually and to carry out work remotely.
Basis for travel expense calculation:
Car (per TCS kilometre costs 2025): CHF 0.76/km
Public transport (per sbb.ch): SBB rail ticket, 2nd class, full fare, return journey
Payment Terms and Invoicing
Invoicing takes place monthly (including any expenses and other additional costs). In the event of late payment, a default interest of 5% p.a. is charged after a reminder. A reminder fee of CHF 100.00 is charged per reminder. The payment term is 30 days for invoices and 5 days for reminders.
Time and Materials Billing
Invoicing takes place monthly based on timesheets or agreed fixed prices. Additional services are billed separately.
Billing for Fixed-Price Arrangements
For fixed-price projects, invoicing is generally as a lump sum in advance at the start of the project. For larger projects, alternative payment schedules may be agreed in the proposal. Additional services beyond the agreed fixed-price scope are billed separately.
Scope and Execution of Work
The scope of an engagement and the service level of support are defined in the proposal. Additional services require a new proposal, or for minor work, are billed at the applicable hourly rates with mutual written agreement.
DRUESELEN & CO. KLG | The Woman With The Hat is entitled to engage substitutes.
In extraordinary situations such as illness or force majeure, as well as during peak workloads, the client is informed immediately, planning and prioritisation are adjusted where possible, and the transition period is extended by the duration of the impediment.
Special Provisions for Fixed-Price Projects
For fixed-price arrangements, the services to be provided and deliverables are clearly defined in the proposal. Change requests from the client that exceed the agreed scope of services are treated as additional services and billed separately. DRUESELEN & CO. KLG | The Woman With The Hat is entitled to schedule project work in accordance with capacity planning and the agreed milestones.
Liability
DRUESELEN & CO. KLG | The Woman With The Hat is committed to reliable, high-quality services but excludes liability for direct or indirect damages unless caused by gross negligence or wilful misconduct. This exclusion applies to both contractual and non-contractual claims. The client indemnifies DRUESELEN & CO. KLG | The Woman With The Hat against claims for damages arising from unauthorised modifications to work results or their use outside the agreed purposes. If services are requested that exceed recognised standards, DRUESELEN & CO. KLG | The Woman With The Hat shall not be held liable and shall be held harmless. No liability is accepted for products or services procured by DRUESELEN & CO. KLG | The Woman With The Hat from third parties that subsequently prove to be defective. In the event of extraordinary situations, no liability is accepted for non-compliance with agreements in time-critical engagements.
Termination
Statutory termination provisions apply. In the event of early termination without good cause, the terminating party shall compensate the other party for damages incurred, up to a maximum period of 3 months.
Special Termination Provisions for Fixed-Price Projects
Fixed-price projects may only be terminated early for good cause. In the event of a justified termination by the client, services already rendered are billed proportionally based on effort, with the total amount not to exceed the agreed fixed price. In the event of termination by DRUESELEN & CO. KLG | The Woman With The Hat for good cause attributable to the client, the full fixed price is due.
Confidentiality
DRUESELEN & CO. KLG | The Woman With The Hat maintains strict confidentiality regarding all information received, in particular technical and business information, client strategies and methods, trade secrets and proprietary data, personal and sensitive information, and information marked as confidential.
DRUESELEN & CO. KLG | The Woman With The Hat undertakes to protect confidential information appropriately, implement necessary security measures, and prevent unauthorised disclosure.
Confidentiality obligations apply for an unlimited period, except for information that is publicly available, was already known to DRUESELEN & CO. KLG | The Woman With The Hat, or must be disclosed by law.
Data Protection
DRUESELEN & CO. KLG | The Woman With The Hat ensures compliance with applicable legal requirements and industry-specific confidentiality standards.
Intellectual Property Rights
Intellectual property rights for commissioned developments transfer to the client, unless otherwise agreed. All intellectual property rights in DRUESELEN & CO. KLG | The Woman With The Hat products remain with DRUESELEN & CO. KLG | The Woman With The Hat.
Standards and Documentation
DRUESELEN & CO. KLG | The Woman With The Hat respects copyright provisions and will not pass on acquired documentation to clients. Templates or training materials provided by DRUESELEN & CO. KLG | The Woman With The Hat may not be used without prior consent.
Governing Law and Jurisdiction
This agreement is governed by Swiss law. The exclusive place of jurisdiction is Court/BE, Switzerland.
DRUESELEN & CO. KLG | The Woman With The Hat Rue de la Golatte 14, CH-2738 Court Email: annika.loertscher@twwth.com UID: CHE-314.322.078
Version
Version 2.0, Last Updated: August 2025