General Terms and Conditions

These general terms and conditions apply to all advisory services provided by Pierre-Yves Niederhauser, ITpulse (hereinafter ITpulse). They prevail over any conflicting terms of the client, unless agreed otherwise in writing. Any derogation is set out in the offer or in the engagement contract.

Offers from ITpulse are valid for 30 days from their date of issue. The contract is concluded upon the client’s written acceptance of the offer, including by email. The scope of the engagement is governed solely by the content of the accepted offer.

ITpulse provides advisory services. It undertakes to perform them with due care and in accordance with professional standards. Unless expressly stated in the offer, ITpulse assumes an obligation of means, not of result.

Fees are stated in Swiss francs, plus VAT where applicable. Invoices are payable net within 30 days. In the event of late payment, default interest of 5% per annum applies in accordance with art. 104 of the Swiss Code of Obligations (CO). ITpulse may suspend its services in the event of late payment, after a reminder has remained without effect.

The client provides in good time the information, access and documents required for the engagement. The client designates a contact person authorised to take the necessary decisions. Delays attributable to the client extend the deadlines accordingly and may give rise to additional invoicing.

Stated deadlines are indicative, unless expressly designated as firm in the offer. Exceeding an indicative deadline gives rise neither to termination nor to damages.

Each party treats as confidential the non-public information of the other party of which it becomes aware in the course of the engagement. Documents classified as ‘internal’ by the client are handled by ITpulse under its ‘confidential’ level. This obligation survives the end of the engagement for five years, without limit of time for trade secrets.

Deliverables become the property of the client upon full payment. ITpulse’s methods, tools, templates and know-how remain its exclusive property; ITpulse may freely reuse them for other clients.

ITpulse processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP). The use of artificial intelligence tools is described in the AI and Data Charter, available on this website.

ITpulse receives no commission, retrocession or benefit from suppliers or software vendors. Any commercial relationship liable to influence a recommendation is disclosed to the client before the recommendation is made.

ITpulse’s liability is limited to direct damage and to the amount of the fees for the engagement concerned. Intent and gross negligence within the meaning of art. 100 CO remain reserved. Any liability for indirect or consequential damage is excluded to the extent permitted by law.

Either party may terminate the engagement at any time in accordance with art. 404 CO. Services provided up to the date of termination are payable pro rata. Compensation for termination at an inopportune time within the meaning of art. 404 para. 2 CO remains reserved.

The contract is governed by Swiss law. The place of jurisdiction is Fribourg.