These Terms and Conditions are a substantive first draft and must be reviewed by a Swiss law firm with DACH-region experience before going live. Until release, individually agreed terms apply to existing engagements. Draft status: 08.05.2026.
General Terms and Conditions
§ 1 Scope, Definitions, Precedence of Individual Agreements
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Ritter Bildungs- und Digitalberatung (owner: Lars Arnold Ritter, J. Schmidheinystrasse 24, 9436 Balgach, Switzerland; hereinafter "Provider") and its clients (hereinafter "Client") concerning the services listed in § 3. The GTC apply regardless of whether the contract is initiated via the websites ritterconsult.ch, studienfluesterer.com or alpboost.ch, or through other channels (email, WhatsApp, in person). All websites mentioned are operated by the umbrella company Ritter Bildungs- und Digitalberatung.
(2) The GTC apply to business clients within the meaning of Art. 2 para. 1 CO (B2B) and to consumers domiciled in the DACH region (B2C). For consumers, the supplementary provisions in § 19 apply additionally; mandatory consumer protection rules of the consumer's country of residence remain unaffected.
(3) The following are not covered by these GTC:
- the placement of students with universities (brokerage activity under Art. 412 et seq. CO within the Studienflüsterer project), which is governed solely by the agreements between Provider and university,
- teaching assignments at universities, which are governed by individual university contracts,
- the joint project Fernstudium Talk (50/50 cooperation with FS Direkt GmbH, Greven, Germany), which is governed by separate agreements between the cooperation partners and their respective contractual counterparties.
(4) The Client's general terms and conditions that conflict with these GTC do not become part of the contract, even if they are not expressly objected to.
(5) Individually negotiated agreements between Provider and Client (e.g. quote, order confirmation, framework agreement) take precedence over these GTC pursuant to Art. 18 CO.
§ 2 Conclusion of Contract
(1) Quotes from the Provider are non-binding unless expressly designated as binding. The contract is concluded by the Client's written acceptance of the quote (text form is sufficient; email suffices) and confirmation by the Provider.
(2) These GTC are incorporated by reference in the quote or order confirmation to ritterconsult.ch/en/terms/. By placing the order, the Client confirms having taken note of and accepting the GTC (global incorporation pursuant to BGE 138 III 411).
(3) Verbal side agreements require written confirmation in text form to be effective.
§ 3 Scope of Services
(1) The Provider renders services in the following areas:
- Consulting: strategy, conception, sparring in the field of education and digital marketing (see § 4),
- Work performance / content production: reels, videos, texts, graphics, websites, workshops, day-long trainings as well as comparable works with a clearly delineated deliverable (see § 5),
- Marketing retainers: ongoing periodic marketing services with a minimum term (see § 6),
- Resale: procurement and resale of third-party products (e.g. printed matter) on the Provider's own account (see § 7).
(2) The specific scope of services in each individual case is set out in the quote or order confirmation.
§ 4 Consulting Services (Mandate)
(1) Consulting services are rendered as a mandate within the meaning of Art. 394 et seq. CO. The Provider owes diligent effort, not a specific result.
(2) A single, non-binding initial conversation (typically up to 30 minutes) is provided free of charge and serves solely for exploration. These GTC do not apply to the initial conversation; a contractual relationship is formed only with the first paid appointment.
(3) Paid consulting services are billed in minimum units of 30 minutes; each further started 30-minute unit is billed in full. Specific hourly rates and any flat fees are set out in the relevant quote. For direct bookings via the Provider's online appointment booking, the flat fees per slot displayed there apply.
(4) Cancellation deadline for consulting appointments: Consulting appointments with a binding agreed time slot are subject to a 24-hour cancellation deadline. If an appointment is cancelled, rescheduled later than 24 hours in advance, or does not take place without prior cancellation, 50 % of the agreed appointment fee will be invoiced. Rescheduling for reasons attributable to the Provider is free of charge.
(5) Where a consulting service is agreed as a clearly delineated work (e.g. a defined strategy or concept document with a fixed scope of delivery), the rules for work services under § 5 apply; Art. 404 CO does not apply to such services.
§ 5 Work Performance / Content Production (Contract for Work)
(1) The creation of digital works (reels, videos, texts, graphics, websites and comparable items) and the running of workshops and day-long trainings with a clearly delineated deliverable (e.g. workshop protocol, strategy document, result slides) are rendered as a contract for work within the meaning of Art. 363 et seq. CO. The Provider owes the production of the agreed work as per the quote.
(2) The flat fee includes two correction rounds. A correction round comprises one consolidated set of feedback from the Client with change requests and their implementation. Additional correction rounds and conceptual changes that go beyond the original briefing scope are billed on a time-and-materials basis at the agreed hourly rate.
(3) Where stock material (images, music, fonts, footage) is used in producing the work, the Provider procures the necessary licences. The Client receives the work with the usage rights permissible under the relevant stock licence (see § 13).
(4) Acceptance is effected by an express declaration of the Client in text form. If the Client puts the work into use or fails to notify specific defects in writing within 14 days of delivery, the work is deemed accepted.
(5) Early termination by the Client: If the Client terminates a contract for work before completion, work performed up to the termination date is invoiced as a pro-rata share of the agreed flat fee (completion percentage), plus a cancellation fee of 20 % of the unperformed remainder. Any advance payment already made (§ 10 para. 1) is set off against the Provider's claim; it is forfeited to the Provider to the extent it does not exceed that claim. Where early termination is for reasons attributable to the Provider (in particular material breach of contract), the cancellation fee does not apply and the advance payment is refunded to the extent it has not been used up by work actually performed.
(6) Website creation: Where websites are created, the order covers the production of the work as per the quote. Hosting, maintenance, updates, backups and security patches are not included in the scope of the order and remain solely the Client's responsibility after delivery, unless a separate maintenance agreement is concluded.
§ 6 Marketing Retainers
(1) Marketing retainers are agreements on ongoing, periodic marketing services (e.g. continuous reels production, social media management). The minimum term is three (3) months, beginning on the start date specified in the contract.
(2) Upon expiry of the minimum term, the retainer extends automatically for an indefinite period. Either party may terminate the retainer in the ordinary course with one (1) month's notice to the end of a calendar month in text form (email is sufficient).
(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of a sustained, serious breach of contractual duties by the other party.
(4) Work already performed up to the end of the contractual term must be remunerated regardless of the termination.
(5) Pausing: After expiry of the minimum term, the retainer may be paused at the Client's request and with the Provider's consent for a maximum of two (2) months per contract year. During the pause, a stand-by fee of 30 % of the regular monthly retainer fee is owed; with this fee the Provider reserves the agreed capacity. Pausing is excluded before expiry of the minimum term.
§ 7 Resale of Third-Party Products
(1) Where, in the course of an order, the Provider procures physical or digital third-party products (e.g. printed matter via Vistaprint or comparable suppliers) and resells them to the Client in its own name and on its own account, the provisions on sale under Art. 184 et seq. CO apply additionally.
(2) Towards the Client, the Provider assumes warranty as a merchant. In the event of defects in the delivered third-party product (e.g. printing errors, material defects), the Provider will remedy the defect at its own expense by re-delivery or replacement or, if this is impossible or disproportionate, refund the purchase price to the Client. Any additional warranties of the third-party manufacturer apply in parallel.
(3) Delivery and production deadlines in the resale business are non-binding because the Provider is not the producing entity. Binding deadlines require express written confirmation.
(4) Visible defects must be notified in text form without delay, no later than within 7 days of receipt. The statutory notification periods otherwise apply.
§ 8 Client's Duties to Cooperate
(1) The Client provides the Provider with all information, briefings, materials (logos, fonts, images, texts) and access (e.g. to social media accounts, CMS, hosting) required to perform the services in good time.
(2) The Client warrants that the materials provided are free from third-party rights or that it holds the corresponding rights of use, and indemnifies the Provider against third-party claims arising from a breach of this warranty.
(3) Delays caused by failure to cooperate or late cooperation extend binding deadlines accordingly; additional work caused by the delay is invoiced on a time-and-materials basis.
§ 9 Compensation, Expenses, Out-of-Pocket Costs
(1) Unless otherwise stated, all amounts in quotes and invoices are expressed in Swiss francs (CHF) net plus statutory value-added tax. Where invoicing is in euros (EUR), the amounts are likewise net plus the applicable VAT.
(2) Travel expenses, where not included in the flat fee, are charged at CHF 0.70 per kilometre (private car) or at the actual cost of public transport. Multi-day off-site assignments are billed by separate agreement.
(3) Out-of-pocket costs for third-party services that necessarily arise in the course of an order (e.g. stock licences, domain registrations, tool licences, printing costs) are passed on at cost. Receipts are disclosed on request.
§ 10 Payment Terms, Default
(1) For contracts for work with an order volume of CHF 1,500 or more, an advance payment of 40% of the contract price is due upon order confirmation; the final invoice is issued after acceptance. For consulting mandates and retainer contracts, billing is monthly in arrears unless otherwise agreed. For direct bookings via the online appointment booking, the fee is paid in advance at the time of booking through the payment provider integrated there (e.g. PayPal); the subsequent provisions on payment terms, default and reminder procedure do not apply to such bookings.
(2) Unless otherwise stated, invoices are due for payment within 14 days of the invoice date without deduction.
(3) If the Client is in default of payment, the Provider is entitled to charge default interest of 5% p.a. (Art. 104 para. 1 CO). For business with consumers domiciled in Germany or Austria, the mandatory statutory default interest rates of the consumer's country of residence apply if more favourable to the consumer.
(4) In the event of default of payment, the Provider is entitled to suspend further services until outstanding receivables are settled in full, without this constituting a breach of contract. Binding deadlines are extended accordingly.
(5) Reminder procedure: In the event of payment default, the Client receives a first reminder free of charge with a grace period of 14 days. If the receivable remains unpaid, a reminder fee of CHF 30 is charged with the second reminder. If the receivable remains unpaid for a further 14 days, the Provider reserves the right to hand the matter over to a debt collection agency; the additional costs incurred are borne by the defaulting Client.
§ 11 Deadlines, Delivery and Performance Times
(1) Deadlines are binding only if expressly designated as "binding" in the quote or order confirmation. Otherwise, they are guideline values.
(2) Binding deadlines are extended by the period during which the Client is in default with cooperation duties (§ 8), advance payments (§ 10) or approvals, as well as by delays due to force majeure (§ 18).
§ 12 Subcontractors, Third-Party Services, Cross-Border Aspects
(1) The Provider is entitled to engage suitable subcontractors for the performance of its services. Final responsibility towards the Client remains with the Provider.
(2) In content production, parts of the services may be rendered by subcontractors in Switzerland or abroad. Personal data of the Client or its employees are generally not passed on to subcontractors. Where this is exceptionally required for the performance of the order, the Provider concludes a data processing agreement pursuant to Art. 28 GDPR with the respective subcontractor; for data transfers to countries outside the EEA, additional appropriate safeguards (e.g. Standard Contractual Clauses pursuant to Art. 46 GDPR, Swiss revFADP requirements) are agreed.
(3) On request, the Provider informs the Client about the subcontractors engaged in the specific case.
§ 13 Copyright and Rights of Use
(1) All works created by the Provider (concepts, strategy papers, reels, videos, texts, graphics, websites) are subject to Swiss copyright law (URG). Copyright remains with the Provider unless a transfer is mandatorily provided for by law or agreed contractually.
(2) Upon full payment of the agreed fee, the Client receives a simple, non-exclusive right of use limited in time, place and content to the agreed purpose of use. Until full payment, all rights of use remain with the Provider.
(3) Transfer of rights of use to third parties, modification, adaptation or use beyond the agreed purpose require the Provider's prior written consent and may be subject to additional remuneration.
(4) Stock material (images, music, footage) is passed on with the licence terms of the respective stock provider. Use beyond these licence terms is not permitted.
(5) The Provider is entitled to refer to the services rendered for the Client as a reference in its portfolio, website, social media profiles and pitch materials, including naming and depicting the Client's name and logo. The Client may object to such use at any time in text form; on objection, the reference will be removed within a reasonable period. References already produced in print or in external publications are not covered by the objection.
(6) Naming of the Provider by the Client: Naming of the Provider, its projects (in particular Studienflüsterer, Alpboost) or the use of its logos and marks by the Client in the Client's own marketing materials, on its website, in social media or in advertising contexts is permitted only with the Provider's prior written consent in text form. Factual mention in proper attribution (e.g. academic works, press reports) is not affected.
§ 14 Defects and Warranty
(1) For work services, warranty is governed by the provisions on contracts for work (Art. 367-371 CO). Obvious defects must be notified in text form without delay, no later than within 14 days of acceptance. Hidden defects must be notified without delay upon discovery.
(2) In the event of a justified notice of defects, the Provider is entitled to remedy the defect. If remedy fails despite two attempts or is impossible, the Client may, at its election, demand either rescission of the contract or a reduction in the work price.
(3) In the resale business (§ 7), paragraph 2 applies additionally; the Provider remedies defects in third-party products by re-delivery.
(4) Defects are excluded if they are based on a template provided or approved by the Client which the Client failed to adapt despite the Provider pointing out a recognisable error.
§ 15 Liability
(1) The Provider is liable without limitation for damages arising from intent and gross negligence, for personal injury (injury to life, body, health) and in cases of mandatory statutory liability (in particular under product liability law and mandatory consumer protection law).
(2) Otherwise, the Provider is liable, to the extent permitted by law, only for breach of material contractual duties (cardinal duties) and only for the foreseeable damage typical of the contract.
(3) The Provider's liability is, to the extent not contrary to mandatory law, limited in amount to the contract value of the specific service concerned; for retainer contracts, limited to the fees actually paid by the Client in the preceding 12-month period; in any event, however, to a maximum of CHF 50,000 per case of damage and CHF 100,000 per contractual relationship. This limitation is expressly highlighted in order to satisfy the requirements of the unusualness rule.
(4) Liability for indirect damage, consequential damage, lost profit, missed advertising results and data loss is excluded vis-à-vis business clients to the extent not contrary to paragraph 1.
(5) The Provider is not liable for content or platform decisions of third parties (e.g. blocking, reach reduction, algorithm changes by social media providers).
(6) Vis-à-vis consumers, the limitations apply only to the extent compatible with mandatory consumer protection law of the consumer's country of residence (see § 19).
(7) Marketing and communication services: The Provider renders marketing and communication services with the diligence of a professional. Specific reach, conversions, lead numbers, search engine rankings or comparable platform results are not a guaranteed outcome, but depend significantly on algorithms, audience behaviour, seasonal factors and other variables outside the Provider's control. A guarantee of success is expressly excluded unless otherwise agreed in a separate written individual agreement.
§ 16 Confidentiality
(1) Both parties undertake to treat all business, technical or personal information of the other party that becomes known to them during the cooperation as confidential, not to disclose it to third parties and to use it only for purposes of the contractual relationship.
(2) This obligation applies for the term of the contract and for three (3) years after its end.
(3) The duty of confidentiality does not apply to information that is generally known, that was already known to the receiving party prior to conclusion of the contract or that was lawfully obtained from third parties, nor to the extent disclosure is required by law or by an authority.
§ 17 Data Protection
(1) The Provider processes personal data of the Client exclusively in accordance with the applicable data protection laws, in particular the revised Swiss Federal Act on Data Protection (revFADP / revDSG) and, where applicable, the EU General Data Protection Regulation (GDPR). Details are set out in the Privacy Policy.
(2) Where, in the course of an order, the Provider processes personal data on behalf of the Client (e.g. newsletter dispatch with a client list, advertising campaigns with personalised lists), the parties conclude a separate data processing agreement within the meaning of Art. 28 GDPR or Art. 9 revFADP.
(3) Existing-customer marketing: Following a booking, a consulting mandate or another contract within the scope of these GTC, the Provider is entitled to send the Client emails containing information on its own similar services (in particular tips and information on studies, credit transfer, career and marketing). Legal basis: § 7 para. 3 UWG (Germany), § 107 para. 3 TKG (Austria) or Art. 3 lit. o UWG (Switzerland). The Client is informed of the right to object both at the time of email collection and in every marketing email; the objection can be made informally at any time via the unsubscribe link in every follow-up email.
§ 18 Force Majeure
(1) Neither party is liable for non-performance or defective performance of its contractual duties insofar as this is due to force majeure. Force majeure includes in particular natural disasters, war, pandemics, official orders, strikes, prolonged and large-scale internet or power outages and comparable events beyond the parties' control.
(2) The affected party will notify the other party without delay of the occurrence and expected duration. Binding deadlines are extended by the duration of the impediment.
(3) If the force majeure event lasts longer than 60 calendar days, both parties are entitled to terminate the contract with respect to the affected services in text form without obligation to pay damages.
§ 19 Special Provisions for Consumers (B2C)
The following provisions apply additionally to the foregoing where the Client is a consumer within the meaning of Art. 32a CO (CH), § 13 BGB (DE) or § 1 KSchG (AT).
(a) Precedence of Mandatory Consumer Law
The choice of Swiss law agreed in § 21 does not affect protective provisions that are mandatory under the law of the consumer's country of residence and from which the consumer cannot be deprived by agreement (Art. 6 para. 2 Rome I Regulation). In particular, sections 305 to 310 BGB (control of standard terms) and § 6 KSchG remain applicable for consumers domiciled in Germany or Austria.
(b) Right of Withdrawal for Consumers from Germany and Austria
Consumers domiciled in Germany or Austria who conclude a contract by means of distance communication have a statutory right of withdrawal pursuant to § 312g in conjunction with § 355 BGB (DE) or § 5e et seq. KSchG (AT).
Withdrawal Instructions
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day of conclusion of the contract. To exercise the right of withdrawal, you must inform us (Ritter Bildungs- und Digitalberatung, J. Schmidheinystrasse 24, 9436 Balgach, Switzerland, email: beratung(at)ritterconsult.ch) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal.
If you have requested that the service begins during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the time at which you informed us of the exercise of the right of withdrawal, compared with the full coverage of the contract. The right of withdrawal expires for services where the Provider has fully performed the service and you have expressly consented to the Provider beginning performance before the end of the withdrawal period and at the same time confirmed your awareness that you lose your right of withdrawal upon full performance of the contract (§ 356 para. 4 BGB).
(c) Dispute Resolution
The European Commission provides an Online Dispute Resolution (ODR) platform, which is accessible at ec.europa.eu/consumers/odr. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 20 Severability
Should individual provisions of these GTC be invalid, unenforceable or contain a gap, the validity of the remaining provisions shall remain unaffected. The parties shall replace the invalid or incomplete provision with a valid provision that comes closest to the economic purpose of the original provision.
§ 21 Applicable Law and Place of Jurisdiction
(1) All contracts between Provider and Client and these GTC are subject exclusively to Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, protective provisions of their country of residence pursuant to Art. 6 of the Rome I Regulation remain unaffected (see § 19).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with contracts to which these GTC apply is, to the extent permissible, Balgach, Kanton St. Gallen. The Provider also reserves the right to sue the Client at its general place of jurisdiction.
(3) For consumers, the mandatory rules on jurisdiction of their country of residence apply; in particular, consumers may also sue the Provider at the court of their place of residence.