General Terms & Conditions
1. Interpretation & General
“CA” Charlie’s Angels Sàrl which is a company registered in Switzerland;
“Client” the person, firm, company or organisation for whom CA has agreed to provide the Services in accordance with these conditions;
“Agreement” the Agreement for the provision of Services which shall be governed by these conditions; “Services” means the Services to be provided by CA to or for the Client;
“Charge” means the Services fees and the incurred expenses payable by the Client to CA as notified by CA from time to time;
“Conditions” General Terms & Conditions
1.2 CA shall be entitled to alter and vary these conditions from time to time on reasonable written notice to the Client.
1.3 CA’s normal hours are 08:00 – 18:30 Monday to Sunday. Where CA is required to provide Services outside these hours CA shall be entitled to Charge for its Services at a higher hourly rate, as the same shall be notified to the Client in writing from time to time. Outside normal hours, the Client may reach a CA consultant by telephone, fax or email as notified from time to time. CA will respond to all messages left by the Client as soon as possible.
2. Supply of the Services
2.1 CA shall provide the Services to the Client subject to these Conditions or such other conditions as may be agreed in writing between CA and the Client;
2.2 The service permits the Client to request from CA any information or suggestions in relation to any personal needs or desires of the Client (including events, activities, venues, goods and Services). CA reserves the right to refuse to supply Services if, in the opinion of CA, the Services are to be used by the Client for any immoral or unlawful purpose. CA’s information and suggestions will be based upon the specific criteria provided to CA by the Client;
2.3 CA shall, within an agreed reasonable period of time, use all its reasonable endeavours to provide information and suggestions in response to the Clients requests. If CA is unable to deal with any requests, it will inform the Client as soon as reasonably possible;
2.4 CA will strive to complete any request as long as it’s legal and moral. CA is experienced at dealing with a wide variety of requests and will always try their utmost to ensure your request is met. There may be times when a request proves impossible like securing a last minute table at a fully booked restaurant. In these instances, CA will work to find you a suitable alternative that you’ll enjoy as much.
3. Charges
3.1 Subject to any special terms agreed, the Client shall pay CA the Charge and any additional sums agreed between CA and the Client for the provision of the Services;
3.2 CA shall be entitled to vary the Charge from time to time on written notice to the Client;
3.3 CA shall be entitled to invoice the Client immediately upon receipt of written acceptance of these conditions or at other times agreed with the Client;
3.4 The Charge and any additional sum due shall be paid by the Client (without any set off, counterclaim or other deduction) in advance or within Ten days of CA’s invoice date;
3.5 A late payment penalty of 5% of the total invoiced charge will be payable to CA should payments not be received on time;
3.6 If the Client should request that CA use the Clients credit card and /or other credit facilities for the purpose of rendering Services, the Client shall, promptly and upon request, provide written confirmation of it’s authorisation (in such form as CA shall request) for CA to use any such credit facility. The Client acknowledges and agrees that CA shall have no liability or be responsible in any way whatsoever in respect of the use of the Clients credit card and /or other credit card facilities provided that CA acts in accordance with the instructions issued by the Client in relation thereto.
4. Termination
4.1 When the Client has entered into an Agreement of duration longer than two calendar months, the Agreement can be terminated (i) by mutual agreement or (ii) by either party in writing and at one month notice, for the first time 30 days before the end of the Agreement;
4.2 Without prejudice to any other accrued rights and remedies available, CA shall have the right to terminate the Agreement for the provision of all or any of the Services forthwith upon written notice if:
4.2.1 The Client commits a serious breach of these conditions or, in the case of a breach capable of remedy, fails to remedy such breach within 7 days of written notice from CA to so remedy; or
4.2.2 The Client goes bankrupt or turns insolvent or makes voluntary arrangement with any of its creditors or has an order made against any of its effects or property;
4.3 On termination for any reason whatever, the Client shall immediately make payment to CA of all and any sums outstanding and owing to CA under these conditions (including the Charge or any outstanding balance) and CA shall provide information and suggestions in response to all outstanding requests made by the Client prior to termination;
4.4 On termination of the Agreement pursuant to clauses 4.1 and 4.2 above, the Client shall not be entitled to refund of the Charge.
5. Liability
5.1 CA shall not be liable for any loss, cost, expense or damage of any nature whatever resulting from the provision of the Services or the Client’s reliance upon the information and suggestions provided by CA hereunder and the resulting supply of goods and Services to the Client by any third party;
5.2 CA warrants to the Client that CA shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with the Clients requests and instructions form time to time. Where CA supply the Client with any goods or Services supplied by a third party, CA does not give any warranty, guarantee, representation or other terms as to the quality, fitness for purpose or otherwise of the goods or Services and the Client shall be required to seek compensation for any loss or damage suffered from such third party direct. For the avoidance of doubt CA does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the Services and the Client is deemed to be responsible for, and shall use its own skill and judgement as to the quality, value and suitability of any such information and suggestions and in relation to deciding whether to enter into any Agreement with any third party for the supply of Services or sale of goods;
5.3 CA shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non arrival, or any other fault of the Client;
5.4 CA shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of CA’s obligations in relation to the Services, if the delay or failure was due to any cause beyond CA’s reasonable control;
5.5 Subject to the provisions of this clause 5, CA’s maximum liability to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).
6. Disclosure of information
6.1 All information received by CA in relation to the Client shall remain confidential and, except as maybe required by law, CA shall not, without the Client’s prior written consent, disclose or divulge to any third party any information of any nature whatsoever in relation to the Client;
6.2 Unless CA receives notice from the Client to the contrary, CA shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services that CA considers maybe of interest to the Client.
7. General
7.1 These conditions (together with any other terms and conditions agreed in writing between CA and the Clients from time to time) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except on notice from CA. All other terms and conditions express or implied by a statute or otherwise are excluded to the fullest extents permitted by Law;
7.2 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at it’s registered office or principal place of business or residential address (as the case may be) or such other address as may at the relevant time have been notified pursuant to the provision to the party giving notice;
7.3 No failure or delay by CA in exercising any of it’s rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by CA of any breach of the Agreement by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision;
7.4 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in parts, the validity of the other provisions of these conditions will still stand;
7.5 This agreement shall be governed by Swiss Law and is entered into pursuant to the Swiss Code of Obligations except as otherwise provided in these Conditions. The courts of Entremont in the Canton of Valais shall have jurisdiction.
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