Services

We define business purposes in combination with fair, sustainable and economical value. 
We promote purposeful messages to educate, sensitise and stimulate minds.
We develop purposeful products, solving the world’s most difficult challenges.

Introduction

These General Terms and Conditions (“Terms”) govern the sale and provision of goods and services (“Products”) by Purple Tiare GmbH (“Company”) to its clients (“Client”). Company and Client are hereinafter also individually referred to as “Party” and collectively as “Parties”.

The Company provides a non-binding offer (“Offer”) for Products to the Client. Upon Client’s acceptance of the Offer, the Parties enter into a contract (“Contract”), and the Terms set forth hereunder shall apply.

Scope of Products

• Delivery: The Company agrees to provide the Products within the timeline, as defined in the Offer.
• Modifications: Any modifications to the Contract must be agreed upon in writing by both Parties.

Fees and Payment

• Fees: The Client agrees to pay the fees as outlined in the Offer.
• Payment Terms: If requested in the Offer, a downpayment of 20% is due upon the Contract becoming effective. Invoices are due and payable within [30] days from the date of invoice.
• Reimbursement: Purchase of equipment and consumables necessary for the provision of the Products services, travel expenses (public transport, 1st class) and eventual delivery fees (“Additional Costs”) must be agreed upon in writing by both Parties. Additional Costs shall be included in the invoice and shall be subject to the above payment terms.

Confidentiality

• Non-Disclosure of Confidential Information: Either Party shall keep confidential any proprietary information (“Confidential Information”) disclosed to it by the other Party under or in connection with the Contract, and shall not disclose Confidential Information (i) unless such disclosure is required under applicable laws, or (ii) upon express prior written consent by the disclosing Party.
• Ownership / No Warranties: The disclosing Party retains ownership of all Confidential Information, and no licence shall be considered granted unless expressly stated otherwise in the Contract. Any Confidential Information of Company is provided “as is”, and Company does not assume any warranties in regard to such Confidential Information. 

Intellectual Property

• Company IP: The Company retains all intellectual property rights in any materials or deliverables created before effectiveness of or outside the scope of the Contract.
• Copyright and Licence: The Company retains all copyrights in any materials or deliverables created in connection with the Products and grants Client a non-exclusive, free of charge and worldwide licence to use the Products.

Warranties and Disclaimers

• Performance Warranty: The Company warrants that the Products will be performed with reasonable care and skill.
• Disclaimer: Except as expressly stated in these Terms, the Company makes no other warranties, express or implied, including but not limited to any warranties of merchantability of the Products or the Products’ fitness for a particular purpose.

Limitation of Liability

• Maximum Liability: The Company’s total liability for any claim arising out of or in connection with the Contract shall not exceed the total fees actually paid by the Client under the Contract.
• Indirect Damages: In no event shall the Company be liable for any direct, indirect, incidental, special, or consequential damages, included but not restricted to loss of profits or revenue.
• No Limitation: The limitations set forth hereunder shall not apply in the event of damages incurred by the Client due to the Company’s gross negligence or wilful misconduct, or in the event of bodily or death of a person or any if not applicable under mandatory laws.

Termination

• Termination for Convenience: Either party may terminate the engagement for any reason with [30] days’ written notice.
• Termination for Cause: Either party may terminate the engagement immediately if the other party breaches any material term of these Terms and fails to cure such breach within [10] days of receiving written notice.

Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of Switzerland.
• Dispute Resolution: Any disputes arising out of or in connection with these Terms shall be resolved through negotiation. If the parties cannot resolve the dispute, jurisdiction shall be with the competent courts in Switzerland.

Miscellaneous

• Entire Agreement: The Contract constitutes the entire agreement between the Parties and supersede all prior agreements or understandings. Any of Client’s general terms and conditions shall be expressly excluded. Any amendment to the Contract must be made in writing.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: No waiver of any term or condition will be effective unless made in writing and signed by the waiving party.

Contact Information

For any inquiries or notices, please contact:
Purple Tiare GmbH
Brunnadernstrasse 1
3006 Bern
contact@purpletiare.com

Effective date: 01.01.2025