1. Scope of application
These General Conditions of Sale and Services (“General Conditions” or “GCS”) are applicable to all activities provided by the Swiss company “4P International LTD” (hereinafter: “the Company”), a company located at Rue des Bains 35, 1205 Geneva and registered in the commercial register of this canton (IDE: CHE-141.594.187). The Company has the following website: WWW.4P.DIGITAL
4P International LTD assists its partners by capitalizing on a worldwide development and an international network in order to promote the emergence of innovative opportunities in their favour. The Company enables its partners to undertake structural and cultural changes at a local and/or global level. From strategy to implementation, the Corporation uses techniques drawing on a global intelligence network, modern media and relevant strategic technologies to maximize global positioning and reach a global audience. 4P International LTD” promotes inclusive, economic and social development through universal values based on the United Nations “Global Compact”, an initiative aimed at the sustainable and global development of companies. In order to provide efficient services, the Company generally proceeds in 4 (four) steps: 1 Audit phase: Phase during which the Company analyzes the global situation and the client’s needs.
2 Strategy phase: Phase during which the company proposes a strategy to achieve the client’s objectives.
3 Delivery phase: Phase during which the company delivers the service and/or the agreed upon performance.
4 Implementation phase: Phase during which the company accompanies the implementation of the service and/or the service provided in order to achieve the objectives in the best possible way and over time. These General Conditions apply to all sales and services carried out by the Company, whether through the Company’s website, through resellers, through sales made by telephone, by email, by oral declaration or by any other expression of will. By accessing and using the Company’s website, in particular by purchasing the Company’s products, the client acknowledges that it is bound by these General Terms and Conditions, which it declares having read and understood. The Company reserves the right, at its sole discretion, to modify these General Conditions at any time. It is the client’s responsibility to consult them regularly in order to be informed of any modification. The Terms and Conditions applicable at the time of the conclusion of the contract by the client shall apply, unless the client has expressly agreed otherwise in writing.
2. Conclusion of the contract
The conclusion of the contract takes place at the time of the acceptance by the client of the offer proposed by the Company.
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The Company reserves the right to indicate prices in other currencies depending on the countries in which its services will be offered. The prices offered do not include additional amounts for value added tax (VAT). If VAT applies, the applicable rate is determined according to the country concerned. The prices do not include any additional taxes that may apply.
The Company reserves the right to change its prices at any time. The prices indicated are applicable at the time of the conclusion of the agreement.
The Company offers to the Client the following payment methods: bank transfer (invoice), payment in instalments. The price of the ordered service shall be paid by the client in the amount of 100% (one hundred percent) of the total price at the time of the conclusion of the contract. The Company reserves the right to request a down payment depending on the circumstances. Upon notice of default, the client undertakes to pay interest
on arrears in the amount of 10% (ten percent). It is not possible for the client to set off any possible claim against the invoice amount to be paid to the Company. The Company reserves the right to waive delivery or performance in the event of late payment. In this case, the balance must be paid no later than 45 days after the Company has performed the service. If the invoice is not paid within the aforementioned period, the client will be called upon. The client will automatically be in default if he still does not pay the invoice within the additional period then set.
5. Obligations of the Company
5.1. Provision of services
Unless otherwise agreed, the Company fulfils its obligations by providing the agreed service. Unless otherwise agreed, the place of performance shall be at the registered office of the Company. The agreed service may be specified and may be the subject of an individual contract depending on the circumstances.
In view of the services offered by the Company, the deadlines within which its services will be provided will be indicated to the client on a case-by-case basis.
5.3. Force majeure
If the Company, its suppliers or mandated third parties are unable to perform on time due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, thunderstorms, storms, war, political or social unrest, of civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors, then the Company shall be released from the obligation to perform its services during such events of force majeure and for an appropriate period of time following the end of such events. If the Force Majeure event lasts for more than 30 (thirty) days, the Company shall be entitled to withdraw from the Agreement. The Company must then fully refund the sums already paid by the Client.
All other claims, in particular claims for damages resulting from force majeure are excluded.
The Company expressly reserves the right to hire auxiliaries in order to perform its contractual obligations.
6. Client Obligations and Membership Status
6.1 Obligations of the customer
The client is obliged to take all necessary measures as soon as possible to enable the Company to provide its services. The client shall take all such measures at the place, time and in the manner agreed upon.
Depending on the circumstances, the client will also be required to provide all necessary information and documents to the Company.
As mentioned above under point 1, the Company generally proceeds in 4 (four) steps in order to provide its services. The client’s obligations differ according to the phases, namely :
1 Audit phase: Phase during which the Company analyzes the client’s overall situation and needs. During this phase, the client must open its doors to the Company and, in particular, allow it to interview each person within its organization. If the client is a state, government or public authority, the client must also give it access to all relevant information, including data and figures issued by the relevant state agencies. If the client does not allow the Company to have access to the necessary persons and information, the Company will not be able to carry out the mandate entrusted to it and reserves the right to terminate it. The audit phase and the basis on which the Company will provide its services. Without an efficient diagnosis, no useful treatment can be provided.
2 Strategy phase: Phase during which the company proposes a strategy in order to achieve the objectives targeted by the client.
During this phase, it is important that the client make a contact person (“resource person”) available to the Company.
This person must have room for manoeuvre within the client’s organization, a good knowledge of this organization as well as of local cultural
aspects in order to enable the Company to liaise between the various players, sectors, departments, etc. and to readjust its strategy periodically.
3 Delivery phase: Phase during which the Company delivers the service and/or the agreed upon performance. During this phase, the client is not required to fulfil specific obligations but may be asked to provide the Company with certain information or services if necessary.
4 Implementation phase: Phase during which the Company accompanies the implementation of the service and/or the service provided in order to achieve the objectives in the best possible way and over time. During this phase, the client is not required to fulfil specific obligations, but may be asked to provide the Company with certain information or services if necessary.
6.2 Membership Status : The Principal undertakes to become a member of the Contractor’s 4P programme and Govchain Alliance for a period of 12 (twelve) full months. For example, if the service provided extends over 3 (three) months, the Principal will remain a member for 12 (twelve) months without additional costs. If the service provided is concluded for a period of 18 (eighteen) months, the Principal undertakes to become a member for 24 (twenty-four) months at no additional cost. In this context, it will continue to receive the Agent’s newsletter, may appear in brochures issued by the Agent (with the consent of the Principal in order to comply with its obligation of discretion) and may be represented by the Agent. The Agent will remain at its entire disposal during this period in the event of questions.
7. Prohibition of poaching
The client may not poach or hire employees or auxiliaries of the Company, whether for its own account or for the account of a third party, without the express agreement of the Company. The client is also prohibited from employing the Company’s employees or auxiliaries, directly or indirectly, even after the end of the contractual relationship between the client and the Company. This prohibition is valid during the year following the end of the employment relationship and is limited to the field of activity of the employees and auxiliaries concerned.
Each party has the right to terminate the contract at any time. The client may therefore decide at any time whether to continue its collaboration with the Company. For example, if the contract is entered into for a term of 1 (one) year and is terminated after 3 (three) months, the client is not required to pay for the 9 (nine) months following termination. On the other hand, the expenses that would have already been incurred in order to perform the ordered service shall be fully compensated by the customer and damages are reserved in case of termination of the contract in due time.
In view of the services offered and the characteristics of a mandate contract, the company undertakes to do its best to promote the interests of its client but cannot promise any results.
Any liability for indirect or consequential damages is excluded. Liability for direct damage is limited to the contractually agreed amount. This limitation of liability does not apply in cases of intent or gross negligence. The customer is obliged to inform the Company immediately of any damage. Any liability of auxiliary persons is excluded to the extent permitted by law.
11. Intellectual Property Rights
The Company has all rights to the products and services it offers. Neither these General Terms and Conditions nor the individual agreements relating to them deal with the assignment of intellectual property rights, unless
expressly provided for.
In addition, any reuse, publication or distribution of information, images, text or any other material received by the client in connection with these provisions is excluded, unless expressly authorized by the Company. The customer must ensure that it does not violate any intellectual property rights of third parties when using content, images, texts or figurative elements when using them in connection with the Company.
12. Data protection
The Company must process and use the data collected at the time of the conclusion of the contract in order to fulfil its contractual obligations. The Company shall take all necessary measures to ensure data protection in accordance with legal provisions. The Client agrees to the storage and use of its data in accordance with the contract and is aware that the Company may disclose its data or those of third parties in the event of injunctions from a court or authority. Unless the customer has expressly excluded this, the Company is entitled to use its data for marketing purposes and for sending newsletters. The data required for the performance of the service may be transferred to service partners commissioned by the Company and other third parties. For further information on this subject, the customer can refer to the Company’s data protection declaration.
These Terms and Conditions supersede any prior agreements or provisions. Only the provisions of individual contracts that specify these General Conditions take precedence over them.
14. Salvator Clause
The validity of these General Terms and Conditions shall not be affected if any of its provisions or any of its appendices is or should be declared null and void. In this case, the invalid or void provision will be replaced by a valid provision that comes close to the purpose of the invalid or void provision. The same shall apply in the event of a possible contractual loophole.
The client, the Company and their auxiliaries undertake to keep secret all information that has been exchanged or acquired within the framework of the services performed. The obligation of confidentiality continues even after the end of the contract. The Company will keep as strictly confidential and will refrain from disclosing to a third party or using it in any way, in its own interest or in the interest of a third party, all information (in particular commercial, financial or technical information relating to the client) of which it becomes aware through the services provided and which is not generally accessible or publicly available, subject to the prior written acceptance of the client. The Company is fully aware of the obligation of discretion imposed on it by the field in which it provides its services.
16. Agents and Distributors
The client accepts that any distributors or agents may work independently of the Company and that potential claims should therefore be directed against them directly. The Company shall not be liable for any breach of contract by any agent or distributor.
17. Applicable law / Place of jurisdiction
These Terms and Conditions are subject to Swiss law. The courts located at the place of the Company’s registered office are competent to settle any dispute between the parties, unless mandatory legal provisions to the contrary exist. The Company is free to bring legal action at the defendant’s registered office/domicile. This agreement is an acknowledgement of debt within the meaning of Article 82 of the Swiss Federal Debt Enforcement and Bankruptcy Act. The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.
For any questions or requests for information, the customer can send an e-mail to the following e-mail address: HELLO@4P.DIGITAL