Terms and conditions
These general terms and conditions apply to all marketing advisory and marketing direction services provided by Julien Ioset Consulting (“the provider”) to its business clients (“the client”). They are intended exclusively for businesses, not consumers.
1. Provider
Julien Ioset Consulting, Julien Ioset
PO Box, 1000 Lausanne 12, Switzerland
Tel. +41 78 913 80 08
Email: j.ioset@julienioset.ch
2. Formation of the contract
The first 30-minute call is free and commits neither party. The contract is formed when the client accepts the provider’s personalised offer in writing (an email is sufficient). The offer states the chosen formula, the price, the start date and, where applicable, the minimum term.
In the event of a conflict, the personalised offer prevails over these terms. The client’s own terms and conditions do not apply unless the provider agrees to them in writing.
3. Formulas and scope of services
- Strategic Advisor: two advisory meetings a month, up to 6 hours of support a month. Minimum term of 2 months.
- Tailored Strategic Plan: a six-week engagement with six working sessions, up to 23 hours of work in total. No commitment beyond the engagement.
- Fractional Marketing Direction: strategic steering of the client’s marketing, up to 15 hours a month, following a schedule agreed together. Minimum term of 3 months. Operational execution remains with the client’s teams and suppliers.
The hours included in a monthly formula apply to the month concerned. Unused hours are neither carried over nor refunded. Any additional hours require prior written agreement and are charged at the rate stated in the offer.
The provider performs its services with care and diligence. This is an obligation of means: the provider does not guarantee a specific commercial result (revenue, margin, market share), which also depends on the decisions of the client, its teams and the market.
4. Prices
Prices are stated in Swiss francs (CHF), excluding VAT. VAT is added at the statutory rate where applicable.
Travel within Switzerland is included in the price. Travel outside Switzerland is charged at actual cost, with the client’s prior agreement.
Third-party costs (agencies, designers, printers, tools, media buying, online advertising, etc.) are not included in the fees. They are invoiced directly to the client by the third parties concerned or, with the client’s prior agreement, recharged at cost.
5. Invoicing and payment terms
- Monthly formulas (Strategic Advisor, Fractional Marketing Direction): invoiced in advance at the start of each month. The first month is invoiced on signature.
- Tailored Strategic Plan: 50% on order, payable before the first session; 50% on delivery of the action plan.
Invoices are payable within 30 days of their date, without discount, by bank transfer.
If payment is late, a reminder is sent. From the reminder onwards, default interest of 5% a year is due (art. 104 of the Swiss Code of Obligations, CO). If an invoice remains unpaid 30 days after its due date, the provider may suspend its services until full payment, after informing the client in writing.
6. Meetings, rescheduling and cancelled sessions
A meeting can be rescheduled free of charge if it is cancelled at least 24 hours in advance. It is then rescheduled within the same month or, for the Tailored Strategic Plan, during the engagement. A meeting cancelled less than 24 hours in advance, or which the client does not attend, counts as held.
If the provider has to cancel a meeting, it reschedules it as soon as possible, at no cost to the client.
7. Term, termination and cancellation
7.1 Monthly formulas
Monthly formulas start on the agreed date and continue month to month after the minimum term. Either party may end them in writing (an email is sufficient) for the end of a month, with 30 days’ notice.
In accordance with art. 404 CO, either party may terminate the contract at any time. Months already invoiced are, however, not refunded, and a party terminating at an inopportune time, in particular before the end of the minimum term, compensates the other party for the resulting loss.
7.2 Tailored Strategic Plan
The client may cancel the engagement free of charge up to 7 days before the first session, in which case the deposit is refunded. If the client cancels less than 7 days before the first session, or stops the engagement while it is under way, the provider keeps the 50% deposit. If more than half of the sessions have taken place, the price is due pro rata to the sessions held.
7.3 Termination for good cause
Either party may terminate the contract with immediate effect in the event of a serious breach by the other party, in particular persistent non-payment or a breach of confidentiality.
8. Client cooperation
The client provides in good time the information, access, documents and decisions needed to perform the engagement, and appoints a contact person. Delays caused by missing items do not extend the term of monthly formulas and do not entitle the client to a price reduction.
9. Confidentiality
The provider keeps strictly confidential all information about the client obtained in the course of the engagement (figures, customers, prices, projects, strategy). This obligation continues after the contract ends. The client treats the provider’s methods, tools and working documents in the same way.
The provider names the client as a reference, or publishes results concerning the client, only with the client’s written consent.
10. Intellectual property
Deliverables produced specifically for the client (action plans, messaging, presentations, analyses) belong to the client once the corresponding fees have been paid in full. The provider retains its rights to its methods, templates, tools and know-how, which it remains free to use, without the client’s confidential information.
11. Liability
The provider’s liability is limited to direct damage caused by its fault and, in total, to the fees paid by the client over the last three months of the engagement (or, for the Tailored Strategic Plan, to the price of the engagement). This limitation does not apply in the event of intent or gross negligence (art. 100 CO).
The provider is not liable for decisions taken by the client, nor for services provided by third parties (agencies, advertising platforms, tools), even where it coordinates them.
12. Independence
The provider works as an independent contractor. The contract does not create an employment relationship between the parties. The provider is free to work for other clients, subject to confidentiality.
13. Data protection
Personal data is processed in accordance with the Swiss Federal Act on Data Protection (FADP) and the privacy policy. Where the provider processes personal data on the client’s behalf, the parties enter into a data processing agreement if required.
14. Force majeure
Neither party is liable for a delay or failure to perform caused by an event beyond its control (serious illness, accident, disaster, major outage). The meetings concerned are rescheduled as soon as possible.
15. Changes
The provider may amend these terms. The applicable version is the one in force on the date the offer is accepted. For ongoing contracts, a new version applies only with the client’s agreement.
16. Governing law and jurisdiction
The contract is governed by Swiss law. The exclusive place of jurisdiction is Lausanne, subject to an appeal to the Swiss Federal Supreme Court.
These terms exist in French and English. In the event of any discrepancy, the French version prevails.