1. Parties
These Terms and Conditions govern the advisory services provided by André Nicolas Im Thurn ("André Im Thurn") to the client named in the engagement letter or proposal (the "Client"). By accepting a proposal or engagement letter, the Client agrees to these terms.
2. Scope of work
The scope of advisory services is defined in the engagement letter or proposal issued to the Client. Any work requested beyond the agreed scope will be discussed in advance. Additional work will only be undertaken once the Client has confirmed agreement in writing, including any applicable fee adjustment.
3. Fees and payment
Fees are set out in the engagement letter or proposal. Unless otherwise agreed:
— 50% of the engagement fee is due before work begins.
— The remaining 50% is due upon completion of the engagement or at the agreed milestone.
Payment is due within 14 days of invoice. André Im Thurn reserves the right to pause work if payment is not received within the agreed timeframe. Invoices are issued in CHF. Payment by bank transfer.
4. Feedback, revisions, and approvals
The engagement letter will specify review and approval stages. The Client agrees to provide feedback within the timeframes agreed. If feedback or approval is not received within the agreed period, André Im Thurn reserves the right to proceed on the basis of the last approved version or to pause the engagement without refund for work already completed.
5. Confidentiality
André Im Thurn treats all information shared by the Client as strictly confidential. This includes business plans, organisational structures, personnel matters, financial data, and any other non-public information. Confidential information will not be disclosed to third parties without the Client's prior written consent, except where required by law. The Client agrees to treat any frameworks, methods, or materials provided by André Im Thurn as confidential and not to share them with third parties without prior written consent.
6. Intellectual property
All frameworks, methods, tools, and written materials developed by André Im Thurn prior to or independently of the engagement remain the intellectual property of André Im Thurn. Deliverables produced specifically for the Client as part of the engagement are owned by the Client upon full payment of fees. André Im Thurn retains the right to use anonymised learnings and general methodological insights for future work.
7. Independence
André Im Thurn operates as an independent adviser. Nothing in these terms creates an employment, partnership, or agency relationship between André Im Thurn and the Client. André Im Thurn is free to work with other clients, provided there is no direct conflict of interest with an active engagement. Any potential conflict will be disclosed to the Client promptly.
8. Limitation of liability
André Im Thurn provides advisory services based on professional judgment and the information available at the time. Recommendations are made in good faith but do not constitute a guarantee of outcome. André Im Thurn's liability is limited to the fees paid for the specific engagement in which the issue arose. André Im Thurn is not liable for indirect, consequential, or incidental losses.
9. Termination
Either party may terminate the engagement with 14 days' written notice. In the event of termination, the Client is liable for fees corresponding to work completed up to the date of termination. The deposit is non-refundable.
10. Governing law
These Terms and Conditions are governed by Swiss law. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of [Canton], Switzerland.
11. Amendments
André Im Thurn reserves the right to update these Terms and Conditions. The version in force at the time of the engagement letter applies to that engagement.
This document is a template for review by André Nicolas Im Thurn. Legal review is recommended before publication.